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
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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APPROVED BY CITY COUNCIL ON APRIL 12,1999 BY A VOTE OF ~ TO~