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HomeMy WebLinkAbout01/24/2000 January 24, 2000 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: Jerry DiTullio, Vance Edwards, Odarka Figlus Harry Hanley, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth Also present: City Clerk, Wanda Sang, City Manager, Valerie Adams, City Treasurer, Ron Patera, City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Planning, Alan White, Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES OF January 10, 2000 Motion by Mr DiTullio for the approval of the Minutes of January 10, 2000; seconded by Mr Mancinelli, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny presented a honorary Police Badge for recognition and appreciation for years of service to the City and District III to Don Eafanti CITIZENS' RIGHT TO SPEAK Lisa Kendall and Sue Henson with the Census Bureau addressed the importance of returning the census forms and also asked that people apply for the temporary positions of census takers PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Application for a nine-lot preliminary and final subdivision with a site plan at 11661 West 44th Avenue and 11680 West 46th Avenue (Case No WS-99-01) (Turgeon, et.al ) Item 1 was introduced by Mr DiTullio who also read the title Richard Rodriguez, attorney for applicants, was sworn in by the Mayor He introduced some of the applicants and Phil Scott, who is with the engineering firm that conduced the traffic study that is part of this application CITY COUNCIL MINUTES January 24, 2000 Page - 2 - Mr Rodriguez gave background on this property and explained the proposed development. He entered the following exhibits into the record (1) 2-page letter from Meredith Reckert to Jim Turgeon, dated August 22, 1996, (2) letter dated October 23, 1996 from Meredith Reckert to James Turgeon, (3) copies of 2 building permits, (4) memorandum from Planning Director to City Administrator and City Attorney, dated December 16, 1996 Alan White was sworn in by the Mayor and presented the staff report. The following speakers were sworn in by the Mayor' Diane Christensen feels there are enough rental properties in Wheat Ridge, they bring trash, traffic, loud noise, property damage Diane Mattox, 4515 Robb Street, is concerned about the traffic circulation plan, developers should be made to pay for required streets and should forfeit their land for streets not neighboring properties, any of the proposed options would have serious impact on their water, noise, air quality, quality of life and property value George Jorgensen, 4515 Robb Street, is also concerned about the traffic circulation plan, trash at the property in question is not being picked up with only two units on it, what will it be like with more? Kim Stewart, 11700 West 46th Avenue, can't understand how 24 additional units supposedly will not impact the traffic, asked that traffic go to 44th Avenue Tex Junker, 4615 Swadley Street, has already noticed quite an increase in traffic; 24 additional units will bring a lot more traffic; traffic should be funneled out to 44th Jim Turgeon, applicant, was sworn in by the Mayor and answered questions Philip Scott, Traffic Engineer for the applicant, was sworn in by the Mayor; he had prepared a traffic impact study for this property back in March of 1997, which is still valid He explained the methodology of their study Herb Fightmaster explained the background of this property Mr Hanley asked questions regarding the 1981 zoning and the proposed 105 units at that time Mr Siler pointed out that this was not germane to the discussion and the current zoning Mayor Cerveny overruled that and stated that Mr Fightmaster could answer Mr Hanley Mr Edwards also objected to this discussion and moved that Council overrule the Chair; seconded by Mr DiTullio, tied 4-4 with Councilmembers Worth, Figlus Hanley and Mancinelli voting yes Mayor broke the tie by voting yes Motion failed 5-4 CITY COUNCIL MINUTES January 24, 2000 Page - 3 - Motion by Mr DiTullio that the public hearing for Case No WS-99-01 be continued to February 14, 2000 I further move that the City Attorney be directed to research the legislative history of Ordinance 443 and report the results of that research to the Council on February 14, 2000, seconded by Mr Edwards, carried 6-2 with Mr Siler and Mr Mancinelli voting no Item 2. Council Bill 17 - an Ordinance vacating an unused portion of public right-of-way for a portion of Simms Street (adjacent to 4455 Simms Street) within the City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WV-99-03) (Jim Turgeon, et. al ) Council Bill 17 was introduced on second reading by Mr DiTullio, who also read the title Clerk assigned Ordinance No 1182 Attorney Rodriguez asked that this also be continued to February 14, 2000 Motion by Mr DiTullio that the public hearing for Council Bill 17 be continued to February 14, 2000; seconded by Mr Edwards, carried 8-0 Item 3. Amendment to the Comprehensive Plan (WPA-99-01) Item 3 was introduced by Mr DiTullio, who also read the title and summary Alan White was sworn in by the Mayor and explained that two parcel owners had requested a change in land use designation Jeremy Alcamo was sworn in by the Mayor; he owns the property at 4999 Robb Street; he does not want the land to be Agricultural, but Industrial, like the land surrounding it. Loretta Capra was sworn in by the Mayor' she owns the property at 4975 Robb Street; they are surrounded by Industrial uses Motion by Mr DiTullio to approve the following amendments to the Comprehensive Plan 1 Change AER designation to BP at 4975 Robb Street. 2 Change AER designation to BP at 4999 Robb Street. I further move to direct staff to correct grammatical and typographical errors in the document prior to final printing, seconded by Mr Mancinelli Motion by Mrs Worth for an amendment to amend the Comprehensive Plan to change the Ridge property north of 1-70 in the City of Wheat Ridge designated as AER/Parkland, seconded by Mrs. Shaver; tied 4-4 with Councilmembers Edwards, Figlus, Shaver, and Worth voting yes Mayor broke the tie by voting no Motion failed 5-4 CITY COUNCIL MINUTES January 24, 2000 Page - 4 - Vote on original motion carried 7-1 with Mrs Shaver voting no Item 4. Community Development Block Grant (CDBG) Project List for 2000 Item 4 was introduced by Mr Mancinelli, who also read the title and summary Alan White was sworn in by the Mayor and outlined the CDBG requests for 2000 Motion by Mr Mancinelli to approve the City's 2000 CDBG Project List as presented in the staff memorandum dated January 18, 2000; seconded by Mr DiTullio, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Resolution 03-2000 - amending the 2000 Budget for the Wheat Ridge general fund and EDARC fund Repairs to Town Center Park. Resolution 03-2000 was introduced by Mr Mancinelli who also read the title and summary Motion by Mr Mancinelli for the adoption of Resolution 03-2000, seconded by Mr Edwards, carried 8-0 Item 6. 2000 Concrete Rehabilitation Program, RFB #00-01 Item 6 was introduced by Mr DiTullio, summary read by the Clerk. Motion by Mr DiTullio that the 2000 Concrete Rehabilitation Program, RFB #00-01, be awarded to Quality Paving Company in the amount of their bid of $471,127 50 I further move that a force and contingency account be established in the amount of $70,670 00 I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $541 ,797 50 I further move that all costs associated with this contract be paid from Acct. No 30-303-884 and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series I further move that all monies received from residents participating in additional concrete work beyond what the City has identified, be placed into Acct. No 30-303-884 and used for this project. This amount will be no greater that $4,000, seconded by Mr Edwards Motion by Mrs Worth to make an amendment that the project on Miller Street North of 1-70 go to the PWAC Committee seconded by Mrs Shaver; carried 8-0 Original Motion as amended carried 8-0 CITY COUNCIL MINUTES January 24, 2000 Page - 5 - Item 7. 1-70 Noise Wall Art Panel Project. Item 7 was introduced by Mrs Worth, who also read the summary Motion by Mrs Worth that Scott System, Inc. be awarded the 1-70 Art Panel form liner project in the amount of their quote for Option B of $6,500 master set up charge plus $5,175 for the liner for a total cost of $11 ,675 I further move that all costs be charged to Acct. No 30-303- 800-857, seconded by Mr DiTullio, carried 8-0 Item 8. Resolution 04-2000 - eliminating funds titled "Sales Tax Bond Fund" and the "Sales Tax Bond Reserve Fund" from the City's financial reporting responsibility and execute a residual equity transfer by moving the remaining monies to the Capital Fund Resolution 04-2000 was introduced by Mr Edwards, who also read the title and summary Motion by Mr Edwards to adopt Resolution 04-2000; seconded by Mrs Shaver; carried 8-0 Item 9. Resolution 05-2000 - accepting a multi-year grant from the Colorado Historical fund for the restoration of the Richards-Hart Estate Resolution 05-2000 was introduced by Mr Edwards, who also read the title and summary Motion by Mr Edwards to adopt Resolution 05-2000, seconded by Mrs Shaver' carried 8-0 Item 10. Approval of Expenditure items Motion by Mr Edwards 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 DiTullio Motion by Mrs Worth that a new mounted aerial photo of the City be displayed in Council Chambers and that this amount be added to the expenditures, seconded by Mrs Shaver; carried 6-2 with Mr Hanley and Mr Mancinelli voting no Original Motion as amended carried 8-0 Item 11. CONSENT AGENDA. A. Resolution 06-2000 - designating the official locations for posting notice of public meetings of the City of Wheat Ridge B Motion to change February Study Session date CITY COUNCIL MINUTES January 24, 2000 Page - 6 - C Membership contribution payments D Resolution 07-2000 - accepting a DURP grant for the City of Wheat Ridge in the amount of $2,200 for the purpose of Prospect Lake bank stabilization and preparation of informational materials to be placed in the Greenbelt kiosks E Resolution 08-2000 - submission of waiver of direct JAIBG subgrant award F Motion to approve printing bid for CAP newsletter G 2000 fleet replacements H Television and appliance Request for Quote (RFQ #00-001) for the new Recreation Center Mrs Worth introduced and read the Consent Agenda Motion by Mrs Worth for approval of the Consent Agenda, seconded by Mr DiTullio, carried 8-0 CITY MANAGER'S MATTERS Valerie Adams reported that she talked to the City Manager of Arvada regarding the Ridge property and he wanted her to assure Council that his Council was equally as concerned due to the title of the report because that's what it was, a report, not a plan It was coined the Urban Renewal Plan because some of the money came from their Urban Renewal and Revitalization Commission and so R&L felt entitled to coin it that. It is not going any further at this time, in order to go further it would have to go through the Revitalization Statutes of public hearings etc and there is no intent at this time She will continue to meet with Arvada's Manager on a regular basis to discuss this and keep Council informed ELECTED OFFICIALS MATTERS Mayor Cerveny attended the opening of the Red Rocks Campus in Arvada and the NorthWest Quadrant Study workshop last Saturday Ken Siler asked that the City Manager check if any groundwater testing has been done around the City to look if we are getting any MTB contamination He asked for consensus that City staff look into the effect of unexploded paint pallets on animals and also the use of paint guns and that this go to City Affairs Consensus was 8 in favor He requested the City Manager provide a large City map in Council Chambers. CITY COUNCIL MINUTES January 24, 2000 Page - 7 - Jerry DiTullio advised the City Manager that as part of the Boards and Commission Resolution, Council will need the attendance record for the last 3 years for all Board members that are re-applying for their position Claudia Worth addressed health benefits for Council and asked for consensus to have Jerry Dahl look into Section 4 6 of the City Charter regarding any compensation for Council and report back to them, consensus was 7 in favor Odarka Figlus reported on the two fund raisers that the Wheat Ridge Arts League will be holding at the new Recreation Center and invited the entire community to join in Janelle Shaver asked for consensus that the 1 unit per acre development be sent to the Planning Commission for their discussion and recommendation on how to protect that; this be put on their Agenda at their earliest convenience, consensus was 7 in favor Motion by Mr DiTullio to adjourn, seconded by Mr Edwards, carried 8-0 Meeting adjourned at 10 35 P m lLl/L" .L I, Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON FEBRUARY 14, 2000 BY A VOTE OF ~ TO ~ .~- . . .r / I /1./ Jerry Di"T:lJllio Council President 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