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Home My WebLink About09/28/1998 September 28.1998 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The Regular City Council was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Teri Dalbec, Jerry DiTullio, Lloyd Donnelly Ralph Mancinelli, Janelle Shaver Ken Siler and Claudia Worth Don Eafanti is on vacation Also present: City Clerk, Wanda Sang, City Treasurer, Ron Patera City Manager, Robert Middaugh City Attorney Gerald Dahl, Director of Parks & Recreation Gary Wardle, Director of Planning, Alan White, Chief of Police Jack Hurst; Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES of September 14, 1998 Motion by Mrs Worth for the approval of the Minutes of September 14 1998, seconded by Mr Siler; carried 7-0 PROCLAMATIONS AND CEREMONIES Barry Rose and Hal Kuzzwara explained about the art tile display in front of the Municipal Building Mayor Cerveny administered the Oath of Office to newly appointed Liquor Authority Member - Mark Roberts. Ron Bernal was presented with an award for the community event he hosted in June CITIZENS' RIGHTS TO SPEAK Ellen Martinez, Principal of Kullerstrand Elementary School, requested $20,000 from the City of Wheat Ridge toward playground equipment for their school Tom Pullen representing a group of senior citizens who use the Panorama tennis courts 7 days a week, thanked Council for spending the money the resurface the courts to very good condition and also thanked the taxpayers of Wheat Ridge He asked that the courts be locked between 7 p m and 7 a.m to prevent vandalism. Estel Fuller, 7325 West 34th Avenue addressed the ongoing problems with the wells on 34th Avenue and asked what was being done about it; is also concerned about the quality of the sidewalk construction that was recently done and already needs repairs WHEAT RIDGE CITY cr 'NCIL MINUTES SEPTEMBER 2 998 PAGE - 2 - Dan Schneider, developer of the Prospect Ridge subdivision, located at 38th and Union Court, asked Council what exactly they wanted him to do about landscaping Mr DiTullio asked for consensus that Mr Schneider meet with staff and work this out with them and come back to Council later if there are still problems. Consensus was 7 in favor Ema McIntyre 4080 Reed Street, is concerned about the pond between Stevens Elementary and the Middle School, there is stagnant water, mosquitos, weeds, trash, constant runoff onto Reed Street, which is damaging the sidewalks, the stink in the summer time is awful After she and her neighbors asked that the pond be done away with, the school district told them that this was a wetlands. Mr Siler has been working on this for 2 years and asked for 2 weeks more to get in touch with Mr DiGiacomo of the school board Motion by Mrs Worth to add an Agenda Item 8 A. Sign for the Teen Center; seconded by Mr Mancinelli carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Approval of an Amended Outline Development Plan and Preliminary and Final Development Plan on a portion of the side located at 3601 Wadsworth Blvd (Case No WZ-98-13) (Chesrown) Item 1 was introduced by Mrs Shaver; title read by the Clerk. Mr Middaugh asked that Council postpone this matter until the application is amended in order to address application deficiencies, a neighborhood meeting be conducted, and refer it back to Planning Commission Dick Scheurer, from the firm of Robinson and Scheurer, was sworn in by the Mayor, he is appearing on behalf of the applicant. He asked for an opportunity to do it right, go back, expand the application at this time in response to what the staff has said, address the wetlands issue come back to Planning Commission with a full plan, but they need to maintain their parking for themselves and relationship they want to maintain with the neighborhood Motion by Mrs Worth for division of the questions, seconded by Mr Siler; carried 7-0 Tom Lundy, 3502 Allison Street, has never seen anybody from Chesrown or talked to them, so they haven't done an excellent job of talking to the residents he directed Council's attention to the revokable license agreement that was written in 1992, the residents of Allison Street were suing the City and the only reason the suit didn't go through was because this agreement came up WHEAT RIDGE CITY C NCIL MINUTES SEPTEMBER 2 998 PAGE - 3 - Motion by Mrs Shaver that the City Manager be directed to stay enforcement of the expiration of the Temporary Use Permit for the on site parking lot until such time as the peD application is disposed of by the City Council to include a time line for the revised wetlands plan to be submitted within 60 days and the revised PCD plan to be submitted to the City within 45 days following the wetland approval and that no inventory be stored on the temporary use permit lot; seconded by Mr Donnelly; failed 3-4 with Councilmembers Donnelly, Shaver and Siler voting yes Motion by Mrs. Worth that the City Manager be directed to take this application back to the Board of Adjustment to extend the temporary use permit at their discretion, and that until action by the Board of Adjustment the temporary use permit be stayed seconded by Mr DiTullio carried 7-0 Motion by Mrs Shaver that Planning Case WZ-98-13 approval of an amended outline development plan and preliminary and final development plan for 3601 Wadsworth Blvd, be postponed for City Council action until such time as whichever occurs first: 1 The Board of Adjustment denies or otherwise fails to grant a new or extended TUP for the on site parking lot~ or 2 The application is amended in order to address application deficiencies, a neighborhood meeting conducted and the case reheard before the Planning Commission, with the provision that within 60 days a complete plan for the design and placement of the required on site wetlands be submitted to the City for approval that will at a minimum address the issues of ground water recharge and the design and location of the wetlands area, and that within 45 days following the approval of the wetlands design and location the amended PCD application will be submitted to the City for review pursuant to the standard outline, preliminary, and final step process, without combining the outline step with any other step, seconded by Mr DiTullio, carried 7-0 Motion by Mrs Shaver that the case be re-advertised for public hearing at both the Planning Commission and City Council level when the amended plan is submitted or when the Board of Adjustment acts to deny a new or extended TUP, as appropriate, seconded by Mr DiTullio, carried 7-0 Item 2. Council Bill 31 - An Ordinance dissolving the Wheat Ridge Special Improvement District Number 1987-1 Council Bill 31 was introduced on second reading by Mrs Worth, title read by the Clerk, Ordinance No 1132 assigned Motion by Mrs Worth for approval of Council Bill 31 (Ordinance No 1132), seconded by Mrs Dalbec; carried 7-0 WHEAT RIDGE CITY cr NeiL MINUTES SEPTEMBER 2 998 PAGE - 4 - DECISIONS. RESOLUTIONS, AND MOTIONS Item 3. Consider Vivian Street Neighborhood Traffic Management Request. The following speakers were sworn in by the Mayor' Joan Kadish, 3096 Vivian Street; asked that Council vote on the speed humps tonight, they don't want to wait until the criteria is revised she notified everyone on this street of this meeting Darrell Green, 3099 Vivian Street; stated they have tried everything they could think of to slow down the speeders, but nothing has worked Jason Thompson, 3079 Vivian Street; got in touch with the City and received a radar detector and did a speed study on their street and found most everybody speeds down their street. Motion by Mrs Shaver that Vivian Street, between 29 Place and 32nd Avenue, be approved for the installation of speed humps, with the design to be approved by the City's Engineering Department; seconded by Mr Donnelly; carried 6-1 with Mr Siler voting no Mr Siler has empathy for the people on Vivian Street, but City Council and staff went through a long process to develop the neighborhood traffic management program and the Vivian Street people went through the program just like everybody else has done in the past and they didn't pass Until the criteria is changed, he isn't going to support anything that doesn't meet the criteria. Item 4. Foam Insulation for Anderson Skate Park. Motion by Mrs Dalbec that the Anderson Skate Park be insulated and awarded to the lowest responsive bid, in an amount not more than $3,200 I further move that a contingency account be established in the amount of $300 for necessary welding I further move that $3,500 be transferred from the general fund to the Park Maintenance/Facility Repair account. I further move that the Director of Parks and Recreation be authorized to issue change orders up to a total contract and contingency amount of $3,500 and all costs associated with this contract be paid from Acct. No 01-603-700-774 and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 series, seconded by Mrs Worth, carried 6-1 with Mr Mancinelli voting no Item 5. Phase I Construction Bid for the Wheat Ridge Recreation Center Motion by Mr Siler to approve a change order to the existing Adolfson and Peterson contract in the amount of $1,119,838 to complete the construction of Phase I of the Wheat Ridge Recreation Center All costs will be charged to the Recreation Center Fund Account 61-602- 801 I further move a contingency/force account be established in the amount of $26,800 for Phase I of the Wheat Ridge Recreation Center All costs will be charged to the Recreation Center Fund Account 61-602-801 I further move that the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1998 and 1999 and 2000 for this project in accordance with Ordinance No 787, 1989 Series, I further move that the Director of Parks & Recreation be authorized to issue change orders up to the total contract and contingency amount and that all costs will be charged to the Recreation Center Fund Account 61-602-801 seconded by Mrs Dalbec, carried 7-0 WHEAT RIDGE CITY C NCIL MINUTES SEPTEMBER 2 998 PAGE - 5 - Item 6. Construction Observation Services - Wheat Ridge Recreation Center - ARC Engineering Motion by Mr Siler that the City approve the contract with ACR Engineering, Inc. in the amount of $134,000 for the construction observation services to complete the construction of the Wheat Ridge Recreation center and that all costs be charged to the Recreation Center Fund Account 61-602-801 I further move that the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1998, 1999, and 2000 for this project in accordance with Ordinance No 787, 1989 Series, seconded by Mrs Dalbec; carried 6-1 with Mr DiTullio voting no Item 7. Resolution 1681 - Authorizing submittal of the application for the 1999 Joint Venture/Grant project to Jefferson County Open Space - Soccer Field development on the Wheat Ridge Recreation Center property located at 4005 Kipling Street in Wheat Ridge, Colorado Motion by Mr DiTullio for adoption of Resolution 1681, seconded by Mrs Dalbec; carried 7-0 Resolution 1682 - Authorizing submittal of the application for the 1999 Joint Venture/Grant project to Jefferson County Open Space - Phase 2 of the Manwaring Field located at 4900 Marshall Street in Wheat Ridge Colorado Motion by Mr DiTullio for the adoption of Resolution 1682, seconded by Mrs Worth carried 7-0 Resolution 1683 - A Resolution in Support of the Great Outdoor Colorado Grant Application for funds for the development of Phase 2 of the Kirt Manwaring Athletic Field Complex. Resolution 1684 - A Resolution in support of the Great Outdoor Colorado Grant Application for funds for the development of the Wheat Ridge Recreation Center Soccer Field Motion by Mr DiTullio for the adoption of Resolutions 1683 and 1684, seconded by Mrs Worth, carried 7-0 Motion by Mr DiTullio that the structures on the Manwaring Field site (Jaidinger property) be demolished, seconded by Mr Mancinelli; carried 6-1 with Mrs Dalbec voting no Motion by Mr Siler to delay the demolition of the structures on the Manwaring Field site until Mr Dahl prepares an Ordinance to accomplish this item and have that ready by the first meeting in October; seconded by Mrs Worth, carried 7-0 Item 8. Resolution 1685 - A Resolution in support of Colorado State Historical Fund Grant application for funds for the stabilization and preservation of the Baugh House, a locally designated Historic Structure Motion by Mrs. Worth for the adoption of Resolution 1685, seconded by Mr Siler; carried 7-0 WHEAT RIDGE CITY C' 'NCIL MINUTES SEPTEMBER 2' 998 PAGE - 6- Item 8. A. Exterior Sign for Teen Center (RFB #98-37) Motion by Mrs Worth that an exterior sign for the teen center be purchased and awarded to the lowest responsive responsible bidder in an amount not to exceed $3,490 I further move that a contingency account be established for electrical hook-up in the amount of $300 I further move that $3,790 be transferred from the General fund to the Teen Center fund 01- 800-602-809 I further move that the Director of Parks and Recreation be authorized to issue change orders up to a total contract and contingency amount of $3,790 with all costs associated with this contract be paid from Account No 01-800-602-809; this money will be taken out of the $27,000 set aside by the voters for this purpose seconded by Mrs. Dalbec carried 7-0 Item 9. Approval of Expenditure Items Motion by Mrs Worth that the attached purchases be approved in the amounts indicated and that all costs be charged to the account shown on the purchase order report; seconded by Mr DiTullio, carried 7-0 Item 10. Consent Agenda: A. Material Testing for the Recreation Center Construction B New Council Chairs C Award of Binding Machine, RFB #98-35 D Resolution 1679 - A Resolution providing for a Supplemental Budget appropriation for the payment of EDARC programs E Resolution 1686 - A Resolution providing for the funding of the Wadsworth Corridor Study Mr DiTullio asked to pull Item 10 B Motion by Mrs. Worth for the approval of the Consent Agenda Items 10 A., C , D , E., seconded by Mr Donnelly; carried 7-0 Motion by Mrs Worth that the new Council dais chairs, be purchased from Office Scapes, the most reasonably priced chair satisfying all criteria in the amount of their quote of $4,215 50 I further move that all costs associated with this purchase be paid from Acct. No 01-102-800- 802 and the funds be encumbered for the length of the project in accordance with ordinance #787, 1989 series, seconded by Mrs Dalbec, carried 4-3 with Councilmembers Shaver, Siler, and DiTullio voting no CITY MANAGER'S MATTERS Mr Middaugh distributed information to Council from CML that addresses legislation that would put another 200 million dollars into transportation and education and also attached is a calculation what Wheat Ridge would receive over the 5 year period that this is applicable and it's right about 1 million dollars for transportation purposes He will bring that in at the next Council meeting Next Monday at 6 00 P m there will be a meeting regarding the Mountain Lion WHEAT RIDGE CITY cr 'NCIL MINUTES SEPTEMBER 2' 998 PAGE - 7- City staff has been invited by the Candlelight Homeowners Association to a meeting regarding their potential inclusion in the Fairmount Incorporation, he asked if Council wants staff to either attend or not attend There was no objection for staff to attend Mr Middaugh will report back to Council CITY ATTORNEY'S MATTERS Mr Dahl asked for an Executive Session under Section 57 (b)(1) of the Charter regarding 2 litigation matters, the Richter litigation and the Smethills property Motion by Mrs Dalbec to finish the Agenda and then adjourn to Executive Session seconded by Mrs Worth, carried 5-2 with Mr Siler and Mr DiTullio voting no ELECTED OFFICIALS MATTERS Mr Siler reminded everybody of 3 Wadsworth Corridor meetings on September 30, October 14 and October 20; and of the Comprehensive Plan town meeting on October 6 Mr DiTullio asked that Code Enforcement be handled in a pro-active manner in Districts I and II Mrs Worth asked about the possibility of a volunteer locking and unlocking the tennis courts at Panorama Park. She reminded people of the candidates and issues forum on September 29 and asked if they could serve their refreshments in the Lobby Conference Room Motion by Mrs Worth that the United Neighborhoods people be allowed to use the Lobby Conference Room to serve their refreshments, seconded by Mrs Dalbec, carried 5-2 with Mr Donnelly and Mr Siler voting no Mrs Shaver addressed landscaping along the 32nd Avenue bike path, code enforcement throughout the City regarding landscaping violations Motion by Mrs Shaver that the car selling ordinance be on the October 12 Agenda, seconded by Mrs Worth, carried 7-0 Motion by Mr Siler that we adjourn from Executive Session, seconded by Mr DiTullio carried 7-0 EXECUTIVE SESSION WAS HELD. Meeting adjourned at 11 35 P m ~J d-:L 1 "l \ I'. .~.:- Wanda Sang, City Cler*---> APPROVED BY CITY COUNCIL ON OCTOBER 12, 1998 BY A VOTE OF ~ TO ~ ----- I -/ J/ /11/ / ! . J