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HomeMy WebLinkAbout03/27/2000 March 27. 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 Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, for Director of Planning, Meredith Reckert; for Director of Public Works, Greg Knudson, staff; and interested citizens. APPROVAL OF MINUTES OF March 13, 2000 Motion by Mr DiTullio for approval of the Minutes of March 13, 2000 seconded by Mrs Worth, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the Proclamation for the Crime Victims Week April 9 - 15, 2000 Cherie Jahn, a victim advocate, was present to receive the Proclamation Ms Jahn spoke on behalf of the many victim advocates, thanking those who have helped CITIZENS' RIGHT TO SPEAK Matthew Feliss, an 8th grade Drama major at the Denver School of the Arts, asked Council for financial help He was nominated and elected as a student ambassador to go overseas to represent our Country, asked Council to help pay a portion of his tuition so he can go to Europe this summer as part of the People to People Student Ambassador Program Dan Ladd, District Manager of the Wheat Ridge Fire Protection District, came to inform Council that on May 2, they will be having an election with a subsequent ballot issue that focuses on the Tabor amendment. Jim Payne Chief of the Wheat Ridge Fire District, also came to speak on the May 2 election elaborating on what the above speaker said CITY COUNCIL MINUTES March 27, 2000 Page - 2 - Louise Turner, 11256 W 38th Avenue, spoke as a member of the Wheat Ridge United Neighborhoods, informing Council that this month the organization celebrated their 20th Birthday Ms Turner brought a book for Council to review which contains many of their letters, newsletters, etc. which is a good representation of the sampling of the different types of things the organization has taken a position on between 1980 thru 1994 She concluded by thanking Council on behalf of the W R.U N for allowing them to come and speak on many Issues PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. A. Council Bill 07-2000 - An Ordinance approving demolition of the municipally- owned building located at 4900 Marshall (Sanitation building) Council Bill 07-2000 was introduced on second reading by Mr Siler; title and summary read by the Clerk; Ordinance No 1186 assigned Gary Wardle, Director of Parks & Recreation, was sworn in by the Mayor; he explained that this building is on the Manwaring Baseball Field site and the demolition of this building would provide additional space for parking, the building would need some major repairs if we decide to keep it. Motion by Mr Siler that Council Bill 07-2000 (Ordinance 1186) be approved on second reading, seconded by Mr DiTullio, carried 6-2 with Mrs Shaver and Mrs Worth voting no Mrs Shaver sees no reason to tear this building down, we could it use it for storage for a couple of years B Council Bill 06-2000 - An Ordinance approving demolition of two municipally- owned buildings located at 6287 West 48th Place (Jaidinger house and barn) Council Bill 06-2000 was introduced on second reading by Mr Siler; title and summary read by the Clerk; Ordinance No 1187 assigned Gary Wardle stated that this is also on the Manwaring Field and will be used as additional park space and parking Council has been presented with additional information that shows that the site was part of the Cort property He referred to a letter from David Lingle, historic preservation architect, whose opinion is that the house probably dates from 1905-1920 CITY COUNCIL MINUTES March 27, 2000 Page - 3 - Bob Olson, Wheat Ridge Historian, was sworn in by the Mayor; he referred to his memo written in 1998, which is part of the attached staff report. He distributed his memo from March 23, 2000, which refers to additional information concerning the early history of this property Mr Olson could not say if the Jaidinger house was or was not the old Cort house Motion by Mrs Worth to postpone this until Meryl Wilson comes out and conducts a more thorough investigation of this house to find out if it was built in 1860 or not; seconded by Mrs Shaver Motion by Mr Siler for an amendment that the information be brought back to Council no later than May 8, seconded by Mr Edwards, tied 4-4 with Councilmembers Edwards, Shaver, Worth, and Figlus voting no Mayor broke the tie by voting no Amendment failed 5-4 Original motion carried 6-2 with Mr Edwards and Mr DiTullio voting no Mr Edwards stated that there is no information at this time to show that this building is any older than 1905, further the architect states that remodeling would be prohibitive and where will the money come from to restore this building Mr DiTullio agrees with Mr Edwards, there are many other important projects that need to be done in this City; he will not support spending any money on this structure Item 2. Council Bill 08-2000 - An Ordinance providing for the approval of a rezoning from Residential-Two and Restricted Commercial to Planned Commercial Development for property located at 9751 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-99-15) Council Bill 08-2000 was introduced on second reading by Mrs Worth, who also read the title and summary; Clerk assigned Ordinance No 1187 Applicant Tony Ficco, asked for approval of his application for rezoning He would like to see a variety of small shops in the development. Meredith Reckert presented the staff report. Motion by Mrs Worth to approve Council Bill 08-2000, Case No WZ-99-15, an application to re-zone 1 10 acres from R-2, Residential and 79 acres zoned R-C, Restricted Commercial, to PCD Planned Commercial Development, and for outline, preliminary and final development plan approval, be approved for the following reasons CITY COUNCIL MINUTES March 27, 2000 Page - 4 - 1 The rezoning to Planned Commercial Development is generally consistent with the City's Comprehensive Plan 2 The proposed land uses and the development criteria of the Planned Commercial Development meet the standards of other commercial zone designations in the City 3 Approval of this application will eliminate a pre-existing split zoning on this property With the following conditions Prior to signatures and recordation of the PCD, the Planned Commercial Development shall be revised as follows 1 Make revisions as recommended in Section IV of the Staff Report 2 Delete the following principal uses from sheet one those uses listed as (2), (3), (4), (5), (6), (8), (9), (10), (11), (12)(C) 3 Amend permitted principal use 14(1) to read "BUTCHER SHOPS AND FOOD LOCKERS" 4 Add as a principal permitted use 14(RR) "CLOTHING STORES" 5 Amend principal permitted use 14(0) to read "ONE DELICATESSEN, LIMITED TO SEATING FOR NO MORE THAN TEN (10) PERSONS" 6 Reverse order of text for items (15) and (16) 7 Add additional item under (new) (16), SPECIAL USES, as follows (3) COMMERCIAL MACHINE SHOPS" 8 Amend sheet two as follows (1) the drive aisle north of the building to be widened to staff satisfaction (2) All areas with plant materials to be irrigated 9 The owner shall be and remain responsible for ensuring that truck deliveries of goods to the property do not create traffic congestion on drive aisles, parking areas or adjacent streets Motion seconded by Mr DiTullio Motion by Mr Edwards for an amendment to the Motion that if there is a similar use that is not enumerated on this, that it would go back through the public process that the Zoning Administrator would not have the authority to decide if it is a similar use, therefore delete Item (16) which states any similar use which in the opinion of the Zoning Administrator or, upon appeal of his decision, of the Board of Adjustment, would be compatible in character and impact with other uses in this planned commercial development and would be consistent with the intent of this PCD, seconded by Mr Siler; carried 7-1 with Mr Hanley voting no Motion by Mrs Shaver for an amendment to the Motion that perimeter landscaping strips be living plant material; Motion died for lack of second CITY COUNCIL MINUTES March 27, 2000 Page - 5 - Motion by Mrs. Shaver for an amendment to the Motion that some scrubs be placed along the north perimeter of the development; seconded by Mrs Worth, failed 5-4 with Mr Siler, Mr DiTullio, Mr Mancinelli and Mr Hanley voting no, the Mayor broke the tie by voting no Oriqinal Motion as amended carried 8-0 Item 3. Council Bill 09-2000 - concerning the filling of vacancies on Boards and Commissions Council Bill 09-2000 was introduced on second reading by Mr DiTullio, who also read the title and summary; Clerk assigned Ordinance No 1189 Motion by Mr DiTullio for approval of Council Bill 09-2000, an ordinance concerning the filling of vacancies on board and commissions, on second reading and this ordinance take effect 15 days after final publication, seconded by Mr Edwards Mr Mancinelli will vote against this Council Bill because he feels it will create more problems between Councilmembers Amendment by Mr Siler to add to Section 2.(e) at the end of the paragraph, "no appointee serving in another district's position can be replaced during mid-term, unless one of the conditions sited above applies."; seconded by Mr Mancinelli, carried 5-3 with Councilmembers Shaver, Worth and Figlus voting no Original motion with amendment carried 5-3 with Councilmembers Hanley, Worth and Mancinelli voting no ORDINANCES ON FIRST READING Item 4. A. Council Bill 10-2000 - An Ordinance repealing Section 25-25 of the Wheat Ridge Code of Laws concerning the Economic Development and Revitalization Commission Council Bill 10-2000 was introduced on first reading by Mr Edwards, title and summary read by the Clerk. Motion by Mr Edwards to approve Council Bill 10-2000 order it published in full and set for public hearing on April 10 2000 at 7 00 P m in the City Council Chambers, seconded by Mr Siler; carried 8-0 CITY COUNCIL MINUTES March 27, 2000 Page - 6 - B Council Bill 11-2000 - An Ordinance concerning the Economic Development and Revitalization Commission Council Bill 11-2000 was introduced on first reading by Mr Edwards, title and summary read by the Clerk. Motion by Mr Edwards to approve Council Bill 11-2000, order it published in full and set for public hearing on April 10, 2000 at 7 00 P m in the City Council Chambers, seconded by Mr Siler; carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. A. Relocation of Skate Park Equipment, RFB #00-05 B Construction of a new concrete pad for the Skate Park, RFB #00-04 Mrs Worth introduced Items 5.A. and 5 B and read the title and summary Mr Wardle made opening statements explaining the position of the bids for the skate park. Clyde Cotten, 4395 Everett Street, asked that the City Council fulfill their promise to move the skate board facility to the agreed upon location behind 7-11 He offered a suggestion that the bidding for the skate park be re-opened due to a misunderstanding by a reputable contractor who is eager to bid and could save the City approximately $40,000 for the two services involved Rocco Gioso, 4380 Everett Street, is very disappointed to have to come back to City Council to speak on this issue again and asked Council to do what is right. Questioned the $40,000 cost to the taxpayers Move the Skate Park behind the 7-11 Mr DiTullio asked for a ruling from the City Attorney if the Council can change it's mind City Attorney replied, yes, the Council can change their mind and can act on this without regard as to what prior actions were taken Jim Pizkerel is also very outraged about this decision to change plans after it's already been settled, there is not one neighbor in that area that says they were notified before the City built that thing, invited Council to come down to Cotten's backyard for a picnic on a Sunday afternoon and listen to that noise CITY COUNCIL MINUTES March 27, 2000 Page - 7 - Mrs. Worth is concerned about the high cost of the bids Motion by Mrs Worth that the bids for the moving and relocation of skate board park equipment and the construction of a new concrete pad for the Skate Park be re-bid and brought back to City Council, seconded by Mrs Shaver Councilmembers Siler, Edwards, and Mancinelli will not support this motion because the City followed their bidding rules and process and it would be unethical to have somebody come in after the bidding was done and state they could have done it cheaper Mrs Shaver asked that staff be allowed to tell their side of the story, since it seems to her that there are implications being made that staff somehow had a bad bidding process Gary Wardle explained exactly how the bidding process had been followed Valerie Adams also stated that the bidding process had been followed and gave everybody and anybody ample time to respond to the bid Motion failed 7-1 with Mrs Worth voting yes Motion by Mrs. Worth that RFB #00-05, relocation of existing skate park equipment be awarded to Randall & Blake in the amount of their bid of $29,100 I further move that a force and contingency account be established in the amount of $2,910 I further move that the sum of $32,010 be transferred from Capital fund balance to Acct. No 30-603-800-862 I further move that the Director of Parks and Recreation be authorized to issue change orders up to the total contract and contingency amount of $32,010 I further move that all costs associated with this contract be paid from Acct. No 30-603-800-862 and that these funds be encumbered for the length of the project in accordance with Ordinance 787, 1989 series, seconded by Mr Siler Motion by Mr DiTullio to suspend the Rules and go past 11 00 P m and finish the Agenda, seconded by Mr Siler; carried 8-0 Motion failed 4-4 with Councilmembers Edwards, Shaver, DiTullio and Figlus voting no Mayor cannot break the tie since this Item involves the budget. Motion by Mrs Worth that the Parks and Recreation Director go out for bids to build a sound barrier wall on the east side of the skate board park and work with the Public Works Director on how to construct that to mitigate the flood plane and flood way, and to go before the Board of Adjustment if necessary for a variance, seconded by Mrs Figlus Motion by Mr Siler for an amendment to the Motion to include natural sound barriers, seconded by Mrs Shaver; carried 6-2 with Mr DiTullio and Mr Mancinelli voting no CITY COUNCIL MINUTES March 27, 2000 Page - 8 - Original Motion as amended carried 6-2 with Mr DiTullio and Mr Mancinelli voting no Motion by Mrs Shaver that staff bring potential costs to Council for what it would cost to install chains over the structures (every night) including staff time, seconded by Mrs Worth, carried 6-2 with Mr DiTullio and Mr Mancinelli voting no Item 6. Usage of the 7-11 Building located at 9120 West 44th Avenue Mrs Worth introduced Item 6 and read the title Motion by Mrs Worth that Council Bill 20 be tabled indefinitely I further move that the staff be authorized to negotiate an agreement with Wheat Ridge Area Boys Baseball Association to use the 7-11 Building located at 9120 West 44th Avenue as the Wheat Ridge Youth Sports Office I further move $48,000 be transferred from the Capital Improvement Fund Balance to Account 30-603-800-862, and staff be authorized to solicit bids for the improvements to the 7-11 Building, seconded by Mrs. Shaver Tim Peterson, President of Wheat Ridge Baseball, gave an overview of the Youth Sports Association in regard to the boundaries and the buildings that were shown to them for the Association with a preference to the Barn outside the recreation center Dave Kgederquist, President of the Wheat Ridge Sports Association, spoke in more detail as to how the Barn would suit them better than the 7-11 building Motion by Mr DiTullio to substitute the barn for the 7-11 building, motion died due to lack of seconded Motion by Mrs Figlus for an amendment to strike the second sentence of the motion and the first part of the third sentence of the motion, leaving the first sentence and "staff be authorized to solicit bids for the improvements to the exterior of the 7-11 Building"; seconded by Mrs Worth, failed 5-3 with Mrs Figlus, Mr Siler and Mr Edwards voting yes Original motion failed 5-3 with Mrs. Figlus, Mrs Shaver and Mrs Worth voting yes Motion by Mr DiTullio that the staff be authorized to negociate an agreement with the Wheat Ridge Area Boys Baseball Association to use the barn located at 3975 Kipling as the Wheat Ridge Sports Youth Office I further move that $48,000 be transferred from the Capital Improvement Fund Balance to Account 30-603-800-862, and staff be authorized to solicit bids for the improvements to the barn, died due to lack of second CITY COUNCIL MINUTES March 27, 2000 Page - 9 - Item 7. Ratification of Resolution 1639 - requesting Federal Action to consolidate Community Zip Codes - and have it sent to all Colorado Congressmen and Senators in Washington DC, along with the U S Post Office and the Colorado Governor Mr DiTullio introduced Item 7 and read the title and summary Motion by Mr DiTullio to ratify Resolution 1639 and further move to have it sent to all Colorado Congressmen and Senators in Washington D C along with the U S Post Office and the Colorado Governor; seconded by Mrs Figlus, carried 8-0 Item 8. Transfer from Unallocated General Fund to Baugh House Account for reimbursement of Park Maintenance Expenses Mrs Worth introduced Item 8 and read the title and summary Motion by Mrs Worth that the City transfer funds from the General Fund Unallocated Reserve (Account #01-580-00-589) to the Baugh House Fund (Fund 61 Donation line Account #62- 580-00-588) in the amount of $2,500 The City of Wheat Ridge Fiscal Year 2000 Budget shall be amended accordingly; seconded by Ms Figlus, carried 8-0 Item 9. Resolution 14-2000 - establishing the Wheat Ridge Economic Committee Resolution 14-2000 was introduced by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler to approve Resolution 14-2000 with the following addition to Section 1 to add "f Council will elect a chairman from among the City Affairs Committee at the first Council meeting in April 2000 and thereafter the second Council meeting in November"; seconded by Mr Mancinelli Motion by Mrs Worth to amend and strike Mr Siler's addition f and insert that the chair will be elected by majority vote of those serving on the committee, seconded by Ms Figlus, failed 5-3 with Councilmembers Shaver, Worth, and Figlus voting yes Vote on original motion carried 7-1 with Mrs Worth voting no CITY COUNCIL MINUTES March 27, 2000 Page - 10 - Item 10. CONSENT AGENDA. A. Payment to Jefferson County School District in the amount of $22,500 for the Kullerstrand Elementary Playground from the $22,500 funds received from GOCO B Motion to approve amendment to the 2000 Compensation Schedule (adding the position of Police Technician to Paygrade 22) C Approval of Expenditure Items D Contract Renewal for Radio Equipment Maintenance E Resolution 12-2000 - requesting an extension of the contract with GOCO for construction of Phase II of the Manwaring Field F Recommended Changes to the Neighborhood Traffic Management Policy Manual G Approval of 2000 Outside Agencies Contributions H Naming of the 3 rooms that make up the large community room at the Wheat Ridge Recreation Center I Resolution 13-2000 - in support of a multi-year grant application to the State Historical Fund for the restoration of the Baugh House J Council Rule Change regarding Council Committee Reports Consent Agenda was introduced by Mrs. Worth, who also read the titles Mr Siler asked to pull B Ms Figlus asked to pull G Mr Mancinelli asked to pull H Motion by Mrs Worth for the adoption of the Consent Agenda, A. C D E F I J, seconded by Mr Siler; carried 8-0 Merilee Bennett, chair of the post prom Committee at Wheat Ridge High School, and Linda Debuno, PTA President at Wheat Ridge High School, asked for Council's support for the annual post prom party on April 30 The party will be held at the new Recreation Center The fee for that is $1,000 CITY COUNCIL MINUTES March 27, 2000 Page - 11 - Ms. Figlus will vote against this item, it is nothing against the agencies that will receive funding, she believes the City should review our general policy and set of guidelines which would result in a fair and open process, organizations which provide essential services, such as meals for the elderly and transportation for the disabled, have to compete in a lottery for their funding when we should actually be providing these She will be asking the chair of the City Affairs Committee to put this discussion on a future agenda. Motion by Mr DiTullio for approval of G , seconded by Mr Siler; carried 7-1 with Ms Figlus voting no Mr Siler questioned the amount of money the budget is being amended by under Item 10 B He wants to know the dollar amount. City Manager stated that the paygrade would be between $33,024 and $41,772 Motion by Mr Siler to amend the 2000 Compensation Schedule by adding the position of Police Technician to Paygrade 22 for an amount not to exceed $41,000; seconded by Mrs Worth, carried 8-0 Mr Mancinelli explained that he is disappointed that the Community Rooms at the Recreation Center were not named according to the democratic process Motion by Mr Mancinelli to have the three rooms named with the three top names submitted _ Clear Creek, Carnation and Columbine - , seconded by Mr DiTullio Motion by Mrs. Shaver to refer this Item 10 H to the City Affairs Committee, seconded by Mrs Worth, carried 6-2 with Mr Siler and Mr DiTullio voting no CITY MANAGER'S MATTERS Valerie Adams reported that she has received five proposals for the Strategic Plan Audit and she stated that the Recreation Center Programs from January 1 - March 23, 2000 have generated $364,112.00 Valerie also asked all Council Members to encourage the committees/groups that they have contact with, to relay to others the importance of returning their Census Forms CITY COUNCIL MINUTES March 27, 2000 ELECTED OFFICIALS MATTERS Page - 12 - Mavor Cerveny stated that she purchased two audio tapes from the National League of Cities Meeting on the subject of Internet Sales Tax. Mayor Cerveny also announced that The Good News Breakfast is on April 11 , 2000 at 6 59 a.m and she has applications if anyone is interested Ms. Fialus wants to invite all residents of District III to the Neighborhood meeting which takes place on the first Monday of every month at the Recreation Center at 7 00 P m Mrs. Shaver asked for a protocol for reporting various incidents (i e code enforcement, police department etc. ) Mrs Adams answered by stating that the City will soon have a computer system with capabilities to track service requests on an ongoing basis Mrs Adams will put together a protocol list for other issues. Mr. Siler asked to remind the residents of District II of the Monday Neighborhood Meeting, April 3, at the Lutheran Church, 44th and Wadsworth, 7 OOp m. Mr Siler stated that at the NLC meeting he had an opportunity to visit Reston, Virginia and looked at their Economic Development. Motion by Mr Edwards to direct the City Manager to suspend the policy and or rules regarding the fee that Wheat Ridge High School would have to pay for the use of the Recreation Center for after prom, and waive the fee, seconded by Mr Siler; carried 5-3 with Ms Figlus, Mr DiTullio and Mr Mancinelli voting no Motion by Mr Edwards for the Council President to add to the City Council Agenda for April 10, 2000, an item discussing the utilization of the final drainage plans and also as a Council discuss drainage impact fees (staff to bring this information to the Public Works Advisory Committee), seconded by Mrs Shaver; carried 8-0 Mr. DiTullio asked to remind the City Affairs Committee of the special meeting at 5 30 P m on April 3, 2000 for PCD discussion and stated that the Neighborhood Meeting for District I will be at the Recreation Center at 7 00 P m Mr DiTullio added that the Study Session on April 17, 2000 will start with an Executive Session at 5 30 P m. to 7 00 P m for an informal review of the City Manager CITY COUNCIL MINUTES March 27, 2000 Page - 13 - Mrs. Worth asked to remind District IV of the April 3 meeting at the Teen Center which Mr Hanley will be hosting Mrs Worth asked staff not to fax something and then duplicate it again by mail Motion by Mr DiTullio to adjourn, seconded by Mr Mancinelli, carried 8-0 Meeting adjourned at 1'04 a m APPROVED BY CITY COUNCIL ON APRIL 10, 2000 BY A VOTE OF ~ TO ~ The preceding Minutes were prepared according to S47 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