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Home My WebLink About01/10/2000 January 10. 2000 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Jerry DiTullio, Vance Edwards, Odarka Figlus, Harry Hanley, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth Also present: City Clerk, Wanda Sang, City Treasurer, Ron Patera (arrived at 10 30 pm), City Manager, Valerie Adams, 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 December 20,1999 Motion by Mr DiTullio for the approval of the Minutes of December 20, 1999, seconded by Mrs Worth, carried 7-0 with Mr Siler abstaining Motion by Mr DiTullio to suspend the Rules and move Item 7 up to be Item 1 and renumber the Agenda accordingly; seconded by Mr Edwards, carried 8-0 CITIZENS' RIGHT TO SPEAK Kit Kimball, 3290 Field Street, spoke on behalf of the Arts Council of Wheat Ridge, and updated Council on the fund raising effort to obtain permanent art for the Wheat Ridge Recreation Center They will hold a $50 00 per couple reception on February 12 from 5-7 p m at the Rec Center as a fund raiser Motion by Mrs Worth to add an Item under 9 A. Approval of the Recreation Center plaque, seconded by Mr DiTullio, carried 8-0 Item 7. Nelson Street Traffic Calming Item 7 was introduced by Mrs Shaver; title and summary read by the Clerk. Debra Rosenthal, 3395 Nelson Street, thanked the City for their help and asked that the Sidewalk issue be addressed CITY COUNCIL MINUTES JANUARY 10, 2000 Page - 2 - Carol Snell, 3330 Nelson Street, also thanked the City Motion by Mrs Shaver that the Nelson Street conceptual plan (between 32nd & 35th Avenues) for traffic speed reduction features and the sidewalk section deemed necessary for the effective and safe operation of the speed reduction features (at #3415) be approved, seconded by Ms Figlus carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Council Bill 35 - An Ordinance providing for the approval of a Special Use Permit to allow the co-location of a Commercial Mobile Radio Service Antenna (CRMS) on an existing U S West monopole located at 3900 Wadsworth Blvd, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-99-02) (SBA Communications Corporation for Sprint Spectrum L.P) Council Bill 35 was introduced on second reading by Mr Siler; title and summary read by the Clerk, Ordinance No 1180 assigned Matt Butler, representing the applicant, was sworn in by the Mayor and asked for approval of application Meredith Reckert was sworn in by the Mayor and presented the staff report. Motion by Mr Siler that Council Bill 35 (Ordinance 1180), a request for approval of a Special Use Permit to allow the co-location of CMRS panel antennas on an existing monopole for property located at 3900 Wadsworth Blvd be approved for the following reasons 1 A Special Use Permit is required to allow the co-location of CMRS panel antennas on an existing monopole 2 The co-location could alleviate the need for an additional freestanding facility 3 The evaluation criteria support approval of this request. With the following conditions 1 That the Special Use Permit be granted to Sprint Spectrum, L.P 2 That the service lights be directed away from areas to the east. 3 No additional height be added to the monopole seconded by Mrs Worth, carried 8-0 Item 3. Council Bill 36 - an Ordinance providing for the rezoning from Agricultural-One, A-1, to Planned Commercial Development, PCD, of certain property generally located at the southwest corner of the Interstate 70 and Tabor Street Intersection within the City of Wheat Ridge, Colorado, pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws (Case No WZ-99-09) (Trailer Source) CITY COUNCIL MINUTES JANUARY 10, 2000 Page - 3 - Council Bill 37 - an Ordinance providing for the approval of a first amendment to the Tabor Development Planned Commercial Development (PCD) Outline and Final Development Plan located at 4651 Tabor Street and generally at the southwest corner of the Interstate 70 and Tabor Street Intersection within the City of Wheat Ridge, Colorado, pursuant to Section 26-25(IX) of the Wheat Ridge Code of Laws (Case No WZ-99-09) (Trailer Source) Item 3 was introduced by Mr DiTullio, titles and summary read by the Clerk; Ordinance Numbers 1181 and 1182 assigned Glen Gidley, representing the applicant, was sworn in by the Mayor He explained the current operations on the site The applicant bought the additional property to improve on-site traffic flow and visual access from 1-70 Martin Orner was sworn in by the Mayor and presented the staff report. Rosanna Colson, 14495 West 46th Drive, was sworn in by the Mayor and spoke in favor of the application Kim Stewart, 11700 West 46th Avenue, was sworn in by the Mayor She has no real objection to the corner part; she asked that Council specifically exclude some types of sales, such as personal water craft, A TV's etc. as discussed at the Planning Commission meeting Mr Gidley entered a letter addressed to the City of Wheat Ridge into the record, which was written by James B. Sutton, 4549 Tabor Street, who asked for approval of the application Motion by Mr DiTullio to deny Council Bill 36 for the following reason 1 That a change in character in the area has not occurred and that the evidence does not support the findings required by Wheat Ridge Code Section 26-6(C)(3)(b), subparagraphs 1, 2, 5, and 8, all of which are required by said section, and which subparagraphs are hereby incorporated herein by this reference, seconded by Mr Edwards carried 5-3 with Councilmembers Siler, Hanley, and Mancinelli voting no Motion by Mr DiTullio to deny Council Bill 37 for the following reasons 1 The proposed expanded sales and uses exceed the scope of the original Planned Development approval, which was primarily intended to be horse-related and portrayed as producing limited traffic. 2 The proposed amended development will require the expanded use of semi-trailers which expanded use is not compatible with the adjacent residential and agricultural uses CITY COUNCIL MINUTES JANUARY 10, 2000 Page - 4 - 3 Adequate evidence has been presented that the traffic and parking generated from the proposed expanded planned development would impede smooth traffic flow on Tabor and impose safety hazards 4 The addition of retail sales of snowmobiles and all-terrain vehicles and the traffic expected from those uses is projected to compound traffic and parking problems which will adversely affect surrounding areas and traffic safety 5 The expansion of this planned development district and associated uses are denied based upon evidence deemed persuasive and adequately appearing in the record of the public hearing before the Planning Commission and City Council that such expansion and denied uses as proposed would create excessive traffic, noise, and that such uses would result in a density or intensity of use which would be damaging or deleterious to the stability, unified operation or integrity (both economic and aesthetic) of the surrounding area 6 A portion of the property for which this final PCD application is filed has not been rezoned to PCD and is not appropriate for approval of a final PCD application, seconded by Mr Edwards, carried 5-3 with Councilmembers Siler, Hanley, Mancinelli voting no Item 4. Council Bill 38 - an Ordinance concerning a correction to the amendments to the Wheat Ridge Code of Laws to provide for increased penalty limits Council Bill 38 was introduced on second reading by Mrs Worth, who also read the title, Ordinance No 1181 was assigned Motion by Mrs Worth that Council Bill 38 (Ordinance 1181) be adopted on second reading, seconded by Mr DiTullio, carried 7-1 with Mr Hanley voting no Mr Hanley feels the 1 year jail time is excessive ORDINANCES ON FIRST READING Item 4. Council Bill 1 - An Ordinance providing for the approval of a change of zone from Residential-Two to Restricted Commercial-One for property located at 3502 Wadsworth Blvd, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-99-12) (Roger Loecher) Council Bill 1 was introduced on first reading by Mr DiTullio, who also read the title and summary Motion by Mr DiTullio that Council Bill 1 be approved on first reading, ordered published, public hearing be set for Monday, February 28 2000 at 7 00 p m in City Council Chambers Municipal Building and if approved on second reading, take effect 15 days after final publication, seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES JANUARY 10, 2000 Page - 5 - Item 6. Council Bill 2 - An Ordinance providing for the approval of a rezoning from Residential-One to Residential-Two for property located at 3601 Kipling Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ -99-13) (Ryan and Maureen Carey) Council Bill 2 was introduced on first reading by Mrs Shaver, who also read the title Motion by Mrs. Shaver that Council Bill 2 be approved on first reading, ordered published, public hearing be set for Monday, February 14, 2000 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading take effect 15 days after final publication, seconded by Mr Edwards, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 7. Resolution 01-2000 - amending the 2000 Budget for the Wheat Ridge Recreation Center Building Fund Resolution 01-2000 was introduced by Ms Figlus, who also read the title and summary Motion by Ms Figlus for the adoption of Resolution 01-2000, seconded by Mr Edwards, carried 8-0 Item 8. Local Drainage and Trail Improvement Project, RFB #99-30 Item 8 was introduced by Mr Mancinelli, who read the title and summary Motion by Mr Mancinelli that $130,000 be transferred from the Capital Unallocated fund into Acct. No 30-302-833, Local Drainage I further move that Bid Number 99-30, Local Drainage and Trail Improvements Project, be awarded to Eaton-U in the amount of their bid of $159,990.28 I further move that a force and contingency account be established in the amount of $15,999 03 I further move that an early completion incentive bonus (2% of their bid) of $3,19981 be established for the contract. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $175,989 31 I further move that all costs associated with this contract be paid from Acct. No 30-302-800-833 and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series, seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES JANUARY 10, 2000 Page - 6 - Item 9. 2000 Street Maintenance Materials, RFB #99-33 Item 9 was introduced by Mr Mancinelli, who also read the title and summary Motion by Mr Mancinelli that $15,000 be approved for the purchase of salt and sand for 2000 from the lowest priced vendor based on the availability of the product and that costs be charged to Acct. No 01-303-660 I further move that $30 000 be approved for the purchase of street maintenance materials for 2000 from the lowest priced vendor based on the availability of the product and that all costs be charged to Acct. No 30-303-885, seconded by Mr DiTullio, carried 8-0 Item 9.A. Approval for the design of the dedication plaque for the Wheat Ridge Recreation Center Item 9.A. was introduced by Mrs Worth, who explained that this was discussed at the City Affairs Committee meeting tonight and the design as presented was approved 3-1 Motion by Mrs Worth for the approval of the Wheat Ridge Recreation Center dedication plaque as presented by her; seconded by Mr DiTullio Motion by Mrs Shaver for an amendment that the names of Mr Hanley, Ms Figlus, and Mr Edwards be added to the plaque Motion died for lack of second Motion carried 7-1 with Ms Figlus voting no Item 10. 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 edit report; seconded by Mr Siler; carried 8-0 Item 11. CONSENT AGENDA. A. Supplemental Budget appropriation for City Council B Proposed changes to Council Rules C Resolution 02-2000 - approving third amendment of Intergovernmental Agreement creating the Jefferson County Hazardous Substance Response Authority CITY COUNCIL MINUTES JANUARY 10, 2000 Page - 7 - D Special Use of Alcohol at the Wheat Ridge Recreation Center E. Aquatics Equipment, Bid #99-31 F Telephone System for the new Wheat Ridge Recreation Center, RFP #99-28 G Renewal of Bid #99-09, Sweeper Brooms H Motion for City Photographer expenses I Cabling for the new Recreation Center, RFP #99-32 Mrs Worth introduced the Consent Agenda and read the titles and summaries Mr DiTullio asked to pull A. Mr Mancinelli asked to pull B D and H Mr Siler asked to pull I Motion by Mrs Worth to approve Items C E. F G, seconded by Mrs Shaver; carried 8-0 A. Motion by Mr DiTullio that a supplemental appropriation of $3,000 be transferred from the general fund balance to Acct. No 01-102-700-702, Council Travel, seconded by Mrs Shaver; carried 8-0 B. Motion by Mr Mancinelli to change the suggested motion to read as follows "The Council President's duties shall include reviewing and setting the Agenda , seconded by Mr DiTullio, carried 8-0 D. Mr Mancinelli inquired if the Arts Council had insurance to cover this event. The answer was that they are covered under CIRSA through the City since this is a City owned facility Motion by Mrs Shaver that the special event being planned by the Wheat Ridge Arts Council to raise funds for art in the Recreation Center be approved I further move to approve the Wheat Ridge Arts Council's request to submit an application for a Special Events Liquor License for the art fund raising event to be held at the Recreation Center; seconded by Mrs Worth, carried 8-0 H. Motion by Mr Mancinelli that the City Photographer's expenses be charged to Council Account No 01-102-650-651, office supplies, seconded by Mr Hanley; carried 8-0 CITY COUNCIL MINUTES JANUARY 10, 2000 Page - 8 - L Motion by Mr Siler that the cabling for the new Recreation Center be awarded to Advanced Data Networks in the amount of their bid of $8,508 I further move that a force and contingency account be established in the amount of $10,000 I further move that the Director of Parks and Recreation be authorized to make change orders up to the total contract and contingency amount of $18,508, and that all costs associated with this contract be paid from Acct. No 61-602-809 and that these funds be encumbered for the length of the project in accordance with Ordinance #787,1989 Series, seconded by Mrs. Worth, carried 7-1 with Mr DiTullio voting no Motion by Mr Edwards to suspend the Rules and go past 11 00 P m seconded by Mrs Worth, carried 6-2 with Mr Siler and Mr DiTullio voting no CITY MANAGER'S MATTERS Valerie Adams stated that since she had only been on the job a couple of days she had nothing to discuss at this time, but was sure this would change by the next meeting CITY ATTORNEY'S MATTERS Jerry Dahl gave update on billboard case, they must be down by January 15, 2000; gave update on $10,000 CDBG funds for Arapahoe House, asked for consensus to direct him to prepare an amendment to the Code that says "unless otherwise posted by the Director of Parks, park hours are 5 a m to 10 00 pm" Consensus was 8 in favor ELECTED OFFICIALS MATTERS The elected officials individually welcomed Valerie Adams, the new city manager Mayor Cerveny announced that Wheat Ridge's first Mayor, Ed Anderson, had died She gave schedule for workshops for NorthWest Quadrant study Ms Figlus reported that the City had received a thank you for displaying the pink ribbon outside City Hall for breast cancer awareness Mrs Shaver gave update on developments at the Ridge property and asked for consensus that Council ask the City Manager to contact Arvada and find out what is going on and express our concerns and make sure that we can be at the table when property that is within our city limits is being discussed Consensus was 6 in favor CITY COUNCIL MINUTES JANUARY 10, 2000 Page - 9 - Mr Edwards urged citizens to attend the workshops for the NorthWest Quadrant study, this impacts the City of Wheat Ridge He moved that the City Manager direct staff that when Code Enforcement issues in a rezoning case are brought to them they immediately address those, seconded by Mr DiTullio, carried 8-0 Motion by Mr Edwards that Mr Dahl and Mr White prepare an Ordinance regarding notification of legal protest rights or in property and rezoning cases both for the actual case and any appeal; seconded by Mr DiTullio, carried 6-2 with Mr Hanley and Mr Siler voting no Mr DiTullio asked for consensus that the City Affairs and PWAC agendas be scrolled on Cable and direct the City Manager to put those Agendas on the Cable Consensus was 8 in favor He has been asked by 2 Councilmembers to add an Agenda Item to the January 24 Agenda to allow Elected Officials to have health insurance as employees, where the City is paying part of the cost. The budget would have to be amended accordingly Mrs Worth expressed her sadness over Mr Anderson's passing and gave him credit for his work in establishing the City; reminded everybody that Anderson Park is named after him Motion by Mr DiTullio to adjourn, seconded by Mr Edwards, carried 8-0 Meeting adjourned at 11.28 p m I _-J< " '( s I J. . .-l. ,< ..-,. Wanda Sang, City Clerk. APPROVED BY CITY COUNCIL ON JANUARY 24, 2000 BY A VOTE OF ~ TO ~ / ./ I/" : ;1 )J; ~ > !,,(~, DiTu'lIio, Council President I i 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