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HomeMy WebLinkAbout03/22/2004 - ~~w ~@(tfJOO~~~ I~OO_, CITY OF WHEAT RIDGE, COLORADO Municipal Building, Council Chambers 7500 West 29th Avenue March 22. 2004 Mayor Cerveny called the Regular City Council Meeting to order at 7 00 P m Councilmembers present: Jerry DiTullio, Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Mike Stites, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pamela Anderson, City Manager Randy Young, City Attorney, Gerald Dahl Director of Community Development. Alan White, Director of Parks and Recreation, Joyce Manwaring, staff' and interested citizens APPROVAL OF MINUTES OF March 8, 2004 Motion by Mr DiTullio to approve the Minutes of March 8, 2004, seconded by Mr Schulz; carried 8-0 PROCLAMA TlONS AND CEREMONIES Swearing in Ceremony for Wheat Ridge Boards and Commissions The following members were given the Oath of Office by Mayor Cerveny' Susan Seeds, Park and Recreation Commission Robert Alldredge, Liquor Licensing Authority Robert Howard, Board of Adjustment Kimberly Fear, Animal Welfare and Control Commission APPROVAL OF AGENDA Motion by Mr DiTullio to amend the agenda to include Item 1 D Ratification of Appointment of Kent Davis to the Wheat Ridge Housing authority; seconded by Mrs Sang, carried 8-0 CITY COUNCIL MINUTES March 22, 2004 2 Item 1. CONSENT AGENDA A. Approve Award I TB-04-011 Randall Park Parking Lot. B City Contributions t 0 Outside Agencies C Urban Area Security Initiative D Ratification of Appointment of Kent Davis to Wheat Ridge Housing Authority Mr DiTullio introduced and read the Consent Agenda. Motion by Mr DiTullio to approve the Consent Agenda Items B, C and D as printed, seconded by Mrs Sang, carried 8-0 Motion by Mr DiTullio to approve Item A, seconded by Mrs Sang, carried 7-1 with Mr Gokey voting no Mr Gokey felt that the allocation could be better spent elsewhere PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 03-2004 - AN ORDINANCE AMENDING SECTION 26- 621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS Council Bill 03-2004 was introduced by Mr DiTullio on second reading, Pam Anderson read the executive summary and assigned Ordinance No 1318 Director of Community Development, Alan White, gave a presentation describing the amendments to the Code of Laws pertaining to parking in residential areas Don Kammerzell, 10370 West 35th Avenue, supports the ordinance as presented by staff He feels that vehicles less than 6 feet and horse trailers should be exempt, and he congratulated Alan on a job well done Kevin Craig, stated that he is happy with what Alan and Council have done with this process He supports the ordinance as written Polly Pinkston supports the ordinance Richard Bassett, 4125 Marshall thanked the Council for bringing common sense to an issue that has been around for many years Don MacDougal, 9815 West 3yth Avenue, recommended that horse trailers be exempt as they are a tool, not a recreational vehicle He has 9 neighbors who have never complained Victor Olson stated he is strongly opposed to the ordinance He said that it is discriminatory towards the retired community and this ordinance is for elitism He said that these things complicate our lives and the government that governs best, governs least. CITY COUNCIL MINUTES March 22, 2004 3 Motion by Mr DiTullio to approve Council Bill 03-2004 (Ordinance No 1318), on second reading, and that it take effect 15 days after final publication with the following amendments 1 Add the following language to paragraph J "Requests for variances under this subsection J shall not be charged a fee if the request is filed by December 31,2004 " 2 Delete the words "horse trailer" from the definition oftrailer in Section 26-123 3 Replace paragraph D with the following "Recreational vehicles or trailers stored in a side yard need not meet any setback requirements Recreational vehicles or trailers exceeding six (6) feet in height stored in a back yard must meet the side yard setback requirements for accessory structures for the zone district in which the recreational vehicle or trailer is stored The rear yard setback for recreational vehicles or trailers exceeding six (6) feet in height shall be five (5) feet in all residential zone districts" 4 Add the following to paragraph C after the third sentence "Any vehicle or trailer lying partially between the street and the front walls of the structure shall be considered to be parked or stored in the front yard" 5 Add the following the end of paragraph B "In determining if a trailer is exempt or not exempt from the provisions of this paragraph B, the height of the trailer will depend upon whether the trailer is loaded or not. A trailer that is exempt in an unloaded condition shall not be considered exempt in a loaded condition if the trailer plus load exceeds six (6) feet in height" 6 Add to the end of paragraph J "Any variance granted by either the Community Development Director or the Board of Adjustment shall be a grant of variance to the property owner only" Seconded by Mrs. Sang and Mrs Rotola Motion by Ms Berry to amend the original motion to strike #3 of the main motion and add the following to Paragraph 4 of Attachment 4 "Recreational vehicles and trailers less than six feet in height stored in a back yard do not need to meet rear and side setbacks." Seconded by Mr DiTullio carried 7-1 with Mrs Sang voting no Mrs Sang is opposed to the amendment because she believes that sheds or out- buildings and recreational vehicles should have the same setbacks Original Motion as amended carried 8-0 Mr White wished to thank the participants in this process CITY COUNCIL MINUTES March 22, 2004 4 Item 3. COUNCIL BILL 01-2004 - A REQUEST FOR APPROVAL OF A REZONING FROM RESIDENTIAL ONE-C TO RESIDENTIAL THREE. (Case No WZ-03-11) (MarcEm) Item 3 was introduced By Mr DiTullio Pam Anderson read the executive summary and assigned Ordinance No 1319 Travis Crane made the staff PowerPoint presentation He stated that Planning Commission has denied this application, and the applicant has appealed to Council. Mr Crane described the discussion with citizens regarding any potential for multi-family units on this site He stated that any future re-zoning would require Council approval Marc Cave, of MarcEm properties, spoke as the applicant regarding the rezoning request. He gave a PowerPoint presentation detailing his business and the application Linda Loomis, 3285 Chase, spoke in opposition to the rezoning She stated that she felt that more multi-family housing in the area would negatively impact her property values It sets a bad precedent for the future Bill Mcintyre, 3283 Chase, spoke in opposition to the rezoning application He said that he is concerned about the "high density" zoning He works for the Denver Housing Authority and believes that there is a difference between an owner and renter property He also stated that there would be access issues. The following citizens also spoke in opposition to the rezoning application with similar sentiments as the previous speakers Louis and Bernadine Leschnik, 3290 Depew Street Doug Michaels, 3282 Depew Street John Becker, 3230 Chase Street Vaughn Becker, 3230 Chase Street Motion by Mr DiTullio to deny Council Bill 01-2004 (WZ-03-11/Marcem) on second reading, with the following reasons. 1 Non-conformance with the Comprehensive Plan 2 The developer has created a self-imposed hardship Seconded by Mrs. Sang, carried 8-0 Item 4. COUNCIL BILL. 04-2004 AN ORDINANCE PROVIDING FOR THE DISPOSITION OF UNCLAIMED PROPERTY Mrs. Rotola introduced and read the executive summary Pam Anderson assigned Ordinance No 1320 Motion by Mrs. Rotola to approve Council Bill 04-2004 on second reading, and that it take effect 15 days after final publication, seconded by Mr Schulz and Mrs Sang, carried 8-0 -- CITY COUNCIL MINUTES March 22, 2004 5 Ten Minute Recess at 9 35 P m Council reconvened at 9 46 P m ORDINANCES ON FIRST READING Item 5. COUNCIL BILL 05-2004 AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS REGARDING PLANNED DEVELOPMENTS (Case No ZOA-03-14) Motion by Ms Berry to approve Council Bill 05-2004 (Case No ZOA-03-14), ordered published, public hearing set for April 12, 2004, at 7 00 P m. in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs Sang and Mrs Rotola, carried 8-0 Item 6. COUNCIL BILL 06-2004 AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO EXPIRATION OF DEVELOPMENT PLANS (Case No ZOA-03-17) Motion by Mr Stites to approve Council Bill 06-2004 (Case No ZOA-03-17), ordered published, public hearing set for April 12, 2004, at 7'00 p m in the City Council Chambers, and that it take effect 15 days after final publication seconded by Mr Schulz and Mrs Rotola, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 7. Board and Commission Appointments District II Motion by Mrs. Sang to appoint James A. Chilvers to the Planning Commission, term to expire March 2, 2007, seconded by Mr Gokey; carried 8-0 District III Motion by Mrs. Adams to appoint Janet Bell to the Board of Adjustment, term to expire March 2, 2006, seconded by Mr Stites, carried 8-0 District IV Motion by Mrs Rotola to appoint Shirley Sandeman to the Wheat Ridge Foundation Board term to expire March 2, 2005, seconded by Mr Schulz, carried 8-0 CITY COUNCIL MINUTE--S- March 22, 2004 6 Item 8. Resolution 07-2004 Regarding Support of RTD's FasTracks Plan Motion by Mr Schulz to adopt Resolution 07-2004 regarding support of RTD's FasTracks Plan, Seconded by Mr DiTullio, carried 8-0 Item 9, Resolution 06-2004 Amending the Fiscal Year 2004 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation for the Legislative Services Budget. Motion by Mrs Sang to approve Resolution No 06-2004, a budget supplemental appropriation from the General Fund undesignated reserves to the Legislative Services budget in the amount of $13,90000 into account 01-102-700-702 for conferences/meetings $260700 into account 01-102-650-660 for operating supplies and $750 00 into account 01-102-650-651 for office supplies, Seconded by Mrs Rotola, carried 8-0 Item 10. Resolution 05-2004 Amending the Fiscal Year 2004 Capital Improvements Projects Budget to Reflect the Approval if a Reduction of Appropriations Motion by Mr DiTullio to adopt Resolution 05-2004 amending the fiscal year 2004 CIP budget to reflect a reduction of appropriations as follows $50,000 in account number 30-303-800-888, Infill Curb, Gutter and Sidewalk Projects $100000 in account number 30-304-800-844 Neighborhood Traffic Management Projects, and $200 000 in account number 30-306-800-805 38th Avenue, Kipling to Youngfield Undergrounding Project; seconded by Mrs Sang, carried 7-1 with Mr Gokey opposed ELECTED OFFICIALS' MATTERS Mayor Gretchen Cerveny announced that the Agency on Aging will be conducting a phone survey in late March There will be a series of public meetings regarding the EIS Northwest Quadrant on April 14th at the School of Mines April 15th at the Arvada Center and April 21st in Broomfield City Clerk Pam Anderson asked that appointees to the Boards and Commissions make an appointment with the office of the City Clerk to receive the Oath of Office They can call the office at (303) 235-2823 Councilor DiTullio announced that the 1st Monday Meeting for District 1 has been cancelled for the month of April He wishes to thank Pam Anderson and the City Clerk's Office for working on expanding the Office of the Mayor and the City Council, and he wanted to acknowledge Councilor Adams and Councilor Sang who worked on the budget with staff CITY COUNCIL MINUTES March 22, 2004 7 Councilor Adams wished to thank the residents of Cambridge for the meeting they hosted for the Wheat Ridge Police Department. Mrs. Adams asked for a Consensus to have as a topic at the next available Study Session education and information on Code Enforcement and the procedures, Consensus carried 8-0 Councilor Stites announced the District III 1st Monday Meeting in April and said that the Police Department will be making their presentation at that time He wished to thank staff and the public that took part in the process for the parking! RVordinance He said that it just shows what can happen when people work together Councilor Rotola made an announcement regarding Jefferson County Housing Authority and the many services and programs that they provide Councilor Schulz wanted to recognize the value of grassroots participation in City Council and community activities He wished to encourage the public to continue to come out and talk to them He invited citizens to the District IV 1 st Monday Meeting for April. He announced a Clean-up Day planning meeting for April 20th regarding a possible Saturday Clean-Up Day on May 8th Meeting adjourned at 10'08 p m APPROVED BY CITY COUNCIL ON APRIL 12, 2004 BY A VOTE OF S to 0 ! ~ Wanda Sang, Council ident The preceding Minutes were prepared according to '47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office as well as copies of Ordinances and Resolutions.