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HomeMy WebLinkAbout03/15/1999 March 15. 1999 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 700 P m Councilmembers present: Teri Dalbec, Jerry DiTullio Lloyd Donnelly, Don Eafanti, Ralph Mancinelli, Janelle Shaver, Ken Siler and Claudia Worth Also present: City Clerk, Wanda Sang, City Treasurer Ron Patera City Manager, Robert Middaugh was absent; 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 February 22, 1999 Motion by Mr Eafanti for the approval of the Minutes of February 22, 1999; seconded by Mrs Dalbec; carried 8-0 PRESENTATIONS AND CEREMONIES Presentation to Brianna Loecher, Colorado Swimmer of the Year Recognition of Sts Peter and Paul School basketball competitors Oaths of Office to newly appointed Board and Commission members CITIZENS' RIGHT TO SPEAK Connie Mauldin, 3195 Zinnia Street, complained about the glaring lights at the Conoco Break place at 32nd & Youngfield She asked that the City consider putting deflectors on the pole lights that are deep enough to completely cover the glass and the possibility of moving the proposed directory sign to the left side Motion by Mr DiTullio to allow the next speaker to speak on an Agenda Item at this time, seconded by Mr Siler; carried 8-0 Erna McIntyre, 4080 Reed Street, spoke in favor of permit parking for residents in her neighborhood CITY COUNCIL MINUTES March 15, 1999 Page - 2 - Motion by Mr DiTullio to suspend the Rules and allow a letter to be read by Cecilia White, she couldn't make it tonight for personal reasons, seconded by Mrs Worth, carried 8-0 City Clerk, Wanda Sang, read the letter, which spoke against city wide elections for Councilmembers and suggested that citizens not sign a petition to put this on the ballot. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Application for approval of a combined preliminary and final development plan and plat for property located generally on the North side of 32nd Avenue between the West side of 1-70 and the Westerly City boundary, addressed as 3250 1-70 Service Road West. This case is processed in settlement of Jefferson County District Court Case #96CV2691-Richter vs City of Wheat Ridge (Case No WZ-96-10) Item 1 was introduced by Mr Siler; title and summary read by the Clerk, City Attorney Dahl gave brief background on this matter He suggested that the staff presentation be made prior to the public hearing and to hear the applicant last. Motion by Mr DiTullio to suspend the Rules and have staff speak first, then the public comment, and the applicant speak last; seconded by Mr Siler; carried 8-0 Alan White was sworn in by the Mayor and presented the staff report, Motion by Mrs Shaver to suspend the Rules and allow Councilmembers to speak more than twice on this item, seconded by Mrs Worth, failed 4-4 with Councilmembers Dalbec, Worth, Eafanti, and Shaver voting yes The following speakers were sworn in by the Mayor' Harold Gosse, representing the Applewood Property Owners Association is concerned about complaints from residents regarding code enforcement and parking violations that have not been dealt with efficiently Appreciates City Council's efforts regarding site problems, vegetable stand, Christmas tree lot. Pat Underwood, 3238 Zinnia Court, asked that Open Space development be done before building permits are issued, is also concerned about the lighting at the Break Place CITY COUNCIL MINUTES March 15, 1999 Page - 3 - Rene Diephuis, 3229 Zinnia Court, wants the barrier wall on the corner lot of Zinnia Street extended out to 32nd Avenue, is concerned about big trucks using the Break Place and tying up traffic and also truckers sleeping there Mike and Shirley Coen, want the brick wall extended so the 10ft sign for the warehouse will be shielded from their front yard Bill Smithan, asked if the applicant has to follow a time frame on the duplex, Robert Kessler, attorney for the applicant, made applicant's presentation and answered some of the questions that had been asked throughout this meeting Motion by Mr Siler that Case No WZ-96-10, a revised combined preliminary and final development for vacant properties located within the 70 West Business Center, be approved for the following reasons, A. The combined preliminary and final development plan conforms to the stipulation agreement agreed to by Council and approved by the District Court. B All requirements for a PCD submittal have been met. With the following conditions related to construction on Lot 2, Block 1 1 Elevations for the north and south side be incorporated into the plan set. 2 Brick wainscoting be shown on all four elevations of the Good Times building 3 That the property owner, or future property owners do not object to the construction of or use of an equestrian trail on the CDOT property to the east of Lot 2 and the existing Conoco 4 The eastern row of parking on Lot 3, Block 1, with adequate drive aisle be constructed prior to C 0 for Lot 2 5 The sanitary sewer line across Lot 3, Block 1, be constructed prior to issuance of C 0 for Lot 3, Block 1 And with the following conditions related to the development in general 1 The fence along the western property line of Lot 2, Block 2 be built prior to the issuance of C 0 for Lot 2, Block 1 That being a 6 ft wooden fence on a 4 ft berm tapering down to sight triangle on 32nd Avenue 2 A landscape plan meeting Section 26-32(B) of the Wheat Ridge Code of Laws be submitted, reviewed administratively and be incorporated into the plan set. 3 The traffic light on West 32nd Avenue be installed at the earliest possible date when warrants are met according to the Court Order 4 That the opening to the sound barrier wall be closed and the fire district decide whether a trap door needs to be installed for access to the fire hydrant. CITY COUNCIL MINUTES March 15, 1999 Page - 4 - 5 That Lot 1, Block 2, be allowed for the relocation of the Maple Grove Grange Hall with administrative review of all landscaping and other requirements according to Code 6 That the monument sign for Lot 1, Block 2, be limited to 8 ft in height. 7 That all exterior lighting must be inspected by the City for conformity to City Codes prior to a C 0 being issued This is to be done on a lot by lot basis to include the identity sign 8 No temporary Use Permits will be allowed on Lots 2 and Lot 3 Block 2 known as the area where the vegetable sales and Christmas Tree sales have been conducted 9 That any fast food restaurant have scrubbers to eliminate odors installed 10 No over night semi truck parking be allowed on any area of the final development plan during the construction period or thereafter, except for construction vehicles during the construction of the property 11 That the question of the number of handicapped parking spaces will be addressed with the City staff Seconded by Mr DiTullio Motion by Mrs Shaver to add Condition No 12 Landscaping for Lot 2, Block 2, be completed prior to issuance of a C 0 for Lot 2, Block 1 , seconded by Mrs Worth, carried 7-1 with Mr Siler voting no Motion by Mrs Shaver to delete the word "rock" from note 4 on page 10, seconded by Mrs Worth, tied 4-4 with Councilmembers Worth, Siler, Eafanti, and Shaver voting yes, Mayor broke the tie by voting no, Motion failed 5-4 Motion by Mrs Dalbec for an amendment to Condition 5 that staff is authorized to refer any site plan amendments to Lot 1, Block 2, to the Planning Commission and Council, seconded by Mrs Worth, tied 4-4 with Councilmembers Worth, Shaver, Dalbec, and DiTullio voting yes, Mayor broke the tie by voting no Motion failed 5-4 Motion by Mrs Shaver to change the notes on the landscaping page No 4, to read as follows "All landscaping beds be composed of living material, unless otherwise noted, cedar mulch would be allowed behind the retail building, mulched areas to provide a 3" settled depth, seconded by Mrs Worth Mr Siler made point of order; stating this is a reconsideration, that must be brought back by a member of the prevailing side, Mrs Shaver is not on the majority side, this is clearly stated in Roberts Rules of Order Chair agreed with Mr Siler that this is a reconsideration of the same topic. Motion by Mrs, Worth to override the decision of the chair; seconded by Mrs Shaver' failed 5- 3 with Councilmembers Dalbec, Shaver, and Worth voting yes, CITY COUNCIL MINUTES March 15, 1999 Page - 5 - Vote on main motion as amended carried 6-2 with Mrs Shaver and Mrs Worth voting no Mrs Shaver read from the Code Book section Planned Developments, she wishes Mr Richter would downsize the Retail development, she fears this will be like Applewood Shopping Center Motion by Mr Siler that Case No WZ-96-10, a revised combined preliminary and final subdivision plat for vacant properties located within the West 70 Business Center, be approved for the following reasons 1 It is consistent with the preliminary/final development plan 2, All requirements of the subdivision regulations have been met. Seconded by Mr DiTullio, carried 6-2 with Mrs Worth and Mrs Shaver voting no Motion by Mrs Worth to instruct staff to work with CDOT in acquiring the right-of-way to continue the equestrian trail on down to the Wheat Ridge/Golden trail, seconded by Mrs Dalbec, carried 8-0 ORDINANCES ON FIRST READING Item 2, Council Bill 5 - An Ordinance providing for the approval of a rezoning from Residential-One B to Agricultural-One on land located at 4000 Nelson, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-99-04) Council Bill 5 was introduced on first reading by Mr Eafanti, title read by the Clerk. Motion by Mr Eafanti that Council Bill 5 be approved on first reading, ordered published, public hearing be set for Monday, April 12, 1999 at 700 P m in City Council Chambers, Municipal Building, and if approved on second reading take effect 15 days after final publication, seconded by Mrs Shaver; carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 3, Discussion of Resolution approving a contract with the American Veterans Memorial Committee Item 3 was introduced by Mr DiTullio who also read the title CITY COUNCIL MINUTES March 15, 1999 Page - 6 - Jean Fields, 3270 Fenton Street, read a letter from the American Veterans Memorial Committee, which gave background on completion and dedication of the Veterans Memorial Structure and requests the Mayor and Council to reaffirm and lend support to the Committee in its present difficulty They are having problems with the Parks Department regarding conflict over the authority of the Committee and lack of cooperation confusion over lines of authority, work not being performed at the Memorial, bricks being moved or rearranged and poorly maintained Motion by Mr Siler to suspend the Rules and continue past 11 00 P m to complete Agenda Items 5,7 M ,8,9, and 10 and go into Executive Session under Section 57 (b) (1) and (3) of the Charter, and adjourn from Executive Session and the rest of the Agenda be completed on March 22, 1999, seconded by Mr Eafanti, carried 7-1 with Mrs Dalbec voting no Thomas Slattery, 6869 West 32nd Avenue, representing Wheat Ridge United Neighborhoods, read a letter into the record, asking that perhaps a low barrier could be installed on both sides of the walkway leading to the All Veterans Memorial, each section could have a list of the bricks in that section and make it easier for friends and family and donors to locate a particular memorial, it would also provide permanency of location for all concerned, the commended the All Veterans Memorial Committee for all their work. Tim Drago, founder and president of the Colorado Veterans Monument at the State Capital, gave insight of what it takes to take care of monuments Motion by Mr DiTullio to schedule a Study Session at the discretion of the Council President to consider the nature of the ongoing relationship between the American Veterans Memorial Committee and the City of Wheat Ridge as it relates to the Veterans Memorial Gazebo, seconded by Mr Siler; carried 7-1 with Mr DiTullio voting no Motion by Mr Mancinelli that Robert Barrett be appointed to the Personnel Commission vacancy for District II for the balance of the term which expires 3/2/2000; seconded by Mr Siler; carried 8-0 Item 5, Resolution 09 - authorizing the Mayor and City Clerk to sign the Intergovernmental Agreement between the Town of Mountain View and the City of Wheat Ridge regarding use by the Town of Mountain View of City of Wheat Ridge Park and Recreation Facilities and Programs Resolution 09 was introduced by Mrs Worth, who also read the title and summary Motion by Mrs Worth for adoption of Resolution 09, seconded by Mrs Shaver; carried 8-0 CITY COUNCIL MINUTES March 15, 1999 Page - 7 - Item 7, M 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 Siler; carried 8-0 Item 8, Resolution 11 - amending the 1998 Recreation Center Fund Budget. Resolution 11 was introduced and read by Mr Siler Motion by Mr Siler for the approval of Resolution 11, seconded by Mrs Dalbec, carried 8-0 Item 9, Drainage Improvement Project (RFB #99-06) Motion by Mr DiTullio that Bid Number 99-06, 26th Avenue Drainage Improvement Project, be awarded to K.E.C I of Colorado, Inc" in the amount of their bid of $443,30650 I further move that an early completion incentive bonus (2% of their bid) of $8,866 13) be established for the contract. I further move that a force and contingency account be established in the amount of $45,217 I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $497,38963 I further move that all costs associated with this contract be paid from Acct. No 30-302-800-885 and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series, seconded by Mr Siler; carried 8-0 Item 10, 1999 Concrete Rehabilitation (RFB #99-05) Motion by Mr Mancinelli that the 1999 Concrete Rehabilitation Program, RFB #99-05, be awarded to Quality Paving Company, in the amount of their bid of $495,74750 I further move that a force and contingency account be established in the amount of $49,570 I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $545,31750 I further move that all costs associated with this contract be paid from Acct. No 30-303-800-884 and that these funds be encumbered for the length of the project in accordance with Ordinance 787, 1989 Series, seconded by Mrs Worth, carried 6-2 with Mrs Dalbec and Mrs, Shaver voting no CITY COUNCIL MINUTES March 15, 1999 Page - 8 - Motion by Mr Siler to convene to Executive Session at 11 50 P m per Section 5 (7)(b)( 1) and (3) of the Charter and that the Council adjourn the regular meeting immediately upon conclusion of the Executive Session, seconded by Mr Eafanti, carried 7-1 with Mr DiTullio voting no EXECUTIVE SESSION WAS HELD. Meeting adjourned at 12 30 a m March 22. 1999 The March 15 continued meeting was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Teri Dalbec, Jerry DiTullio, Lloyd Donnelly, Don Eafanti Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth Also present: City Clerk, Wanda Sang, City Manager, Robert Middaugh, City Attorney, Gerald Dahl, Director of Public Works, Bob Goebel, staff; and interested citizens Item 4, Motion to appoint Robert Barrett to the Personnel Commission for District II Motion by Mr Mancinelli that Robert Barrett be appointed to the Personnel Commission vacancy for District II for the balance of the term, which expires March 2, 2000, seconded by Mr Siler; carried 8-0 Item 6, 1999 Swimming Pool Fees Motion by Mr Siler that the 1999 swimming pool fees be approved with the following changes and conditions 1 The non-resident fees for the 6-17 year olds be $4 00, 18 and older be $5 00 and 65 and older be $4 00 With the condition that the citizens of Mountain View be granted resident status for fee structure for the use of the swimming pool in 1999 in consideration of their participation in the Recreation Center; and to adjust the season pass for non-residents accordingly; seconded by Mrs, Worth, carried 7-1 with Mrs Dalbec voting no CITY COUNCIL MINUTES March 15, 1999 Item 7, Page - 9 - Consent Agenda. A. Security System Bid Award B Study Session Topic - Permit Parking System C Radio Communications Equipment Maintenance (RFB #99-04) D Resolution 10 - approving the City's participation in a single family home mortgage revenue bond program E Administration Remodel - Carpet and Paint. F Printing of Recreation Brochure and City Newsletter (RFB #99-07) G Acceptance of Quit Claim Deed for property at 10625 West 1-70 Frontage Road H Police Uniforms (RFB #99-10) I Purchase of Sweeper Brooms (RFB #99-09) J 1999 Nursery Purchases, K, Fleet Replacements (partial) for 1999 L. Repair and Relamping of Athletic Field Lighting (RFB #99-08) Motion by Mrs Worth to approve Consent Agenda Items C., F., H., I., K., L., seconded by Mr Siler; carried 8-0 A. Motion by Mrs Worth that the bid for the design and installation of the security system for the Recreation Center be awarded to Design Securities, Inc, in the amount of their bid of $14,307 I further move that the Director of Parks and Recreation be authorized to issue change orders up to the total amount and that the total cost of the project be charged to the Recreation Center account 61-602-809 I further move that all funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1999 and 2000 for this project in accordance with Ordinance 787, 1989 Series (/ further move that the Parks and Recreation Director be instructed to look into a Security System for the water in both of the pools and bring it back to Council for consideration on the additional amount;) seconded by Mrs, Dalbec Motion by Mr DiTullio to divide the question (see motion in italics), seconded by Mr Mancinelli, carried 7-1 with Mrs Worth voting no Motion by Mrs, Shaver to amend the motion to delete the closed circuit television portion of the Security System at this time Motion died for lack of second Vote on Original Motion carried 7-1 with Mrs Shaver voting no CITY COUNCIL MINUTES March 15, 1999 Page - 10 - Mrs Worth asked to restate the second part of the motion on the advise of the City Attorney Motion by Mrs, Worth to direct the City Manager to look into and bring back to the City Council the cost of a swimming pool water security detector; and that the City Manager would also bring back some information about experience on other pools and the necessity of it; seconded by Mrs Dalbec, tied 4-4 with Councilmembers Dalbec Siler Worth and Donnelly voting yes Mayor broke the tie by voting no Motion failed 5-4 B. Item was introduced by Mrs Worth, who also read the title and summary Mr Siler objected that this item is on the Agenda, this is a reconsideration and as such it should be brought back as a reconsideration, this originally was brought up as a first reading on February 22 and it failed 4-3, it cannot be brought back without being brought back as a reconsideration Mayor ruled that it would have to be brought up as suspending the Council Rules to bring it up Motion by Mr DiTullio to override the Mayor and to allow him to make the motion that is in the packet; seconded by Mrs, Dalbec, failed 5-3 with Councilmembers Mancinelli, Siler, and Eafanti voting no (6 votes are needed to override the Council Rules) Motion by Mrs Worth to suspend the Rules on 6 3, seconded by Mr DiTullio, carried 7-1 with Mrs, Dalbec voting no Motion by Mr DiTullio that the subject of amendments to the permit parking system and the possible expansion of said system to elementary schools be addressed in a future study session at the discretion of the Council President; seconded by Mrs Worth, carried 8-0 D Motion by Mrs Worth for adoption of Resolution 10, seconded by Mr Mancinelli, carried 8-0 E. Motion by Mrs Worth that the administration remodel be approved and awarded to Collins & Aikman for the carpet in the amount of their bid of $26,21749, and to Front Range painting in the amount of their bid of $2,200 00 as being in the best interests of the City I further move that a contingency account be established in the amount of $2,842 00 I further move that the Purchasing Agent be authorized to issue change orders up to a total contract and contingency amount of $31 ,26000, with all costs associated with this contract be paid from Acct. No 30- 610-800-811 and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 series, seconded by Mr Mancinelli, carried 8-0 G Motion by Mrs Worth that the quit claim deed for a tract of land containing 5772 7 square feet more or less to be used as right-of-way for Oak Street, described in the quit claim deed known as 10625 West 1-70 Frontage Road, be accepted and that the property owner be compensated as stated in the deed I further move that the payment of $10 be made from Acct. No 30-303-800-851, seconded by Mr Eafanti, carried 8-0 CITY COUNCIL MINUTES March 15, 1999 Page - 11 - J Mrs Worth asked that a list be provided for Council to show which trees are going to be replaced and where Mr DiTullio asked that this be made as a separate motion, since it involves a lot of extra work and staff time Motion by Mr DiTullio for approval of Item J , Nursery Purchases, seconded by Mrs Dalbec, carried 6-2 with Mrs Worth and Mrs Shaver voting no Motion by Mrs Dalbec to ask the City Manager to get a listing of what trees are purchased and torn out for Council, seconded by Mrs Shaver; tied 4-4 with Councilmembers Eafanti, Dalbec, Worth, and Shaver voting yes Mayor broke the tie by voting no Motion failed 5-4 Meeting adjourn d at 8 40 P m k APPROVED BY CITY COUNCIL ON APRIL 12,1999 BY A VOTE OF ~ TO~