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HomeMy WebLinkAbout08/28/2000 August 28, 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 Manager, Valerie Adams, City Attorney, Gerald Dahl; for Director of Parks & Recreation, Rick Murray; Director of Planning, Alan White, Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES OF August 14, 2000 Motion by Mrs Worth for the approval of the Minutes of August 14, 2000, seconded by Mr Siler; carried 8-0 CITIZENS' RIGHT TO SPEAK Carol Snell, 3330 Nelson Street, thanked Council for approving the traffic calming project on her street. She was dismayed at the organizational report that was reported about in last week's paper She hopes that the City hasn't paid for it yet; it was an awful report. She feels that if an employee notices that another employee doesn't have enough work to do, it is that employee doing the noticing who should be given more work. She wondered how much the additional 8 positions will cost the City; is this a wise use of our money? APPROVAL OF AGENDA Motion by Mr Edwards to add Agenda Item 8 A. Consultant Selection for the Streetscape Manual and Architectural Standards for the City; seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES August 28, 2000 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 1999-20 - An Ordinance approving disposition by demolition of a City-owned building 9130 West 44th Avenue - 7-11 building Council Bill 1999-20 was introduced on second reading by Mr DiTullio, who also read the title and summary; Ordinance No 1203 was assigned by the Clerk. Tim Peterson, 3209 Allison Street, gave update on his efforts to contact all the various Sports Associations regarding the formation of the Wheat Ridge Area Youth Sports Association He explained that the building would be used for offices, meetings and storage Motion by Mrs Shaver to continue the Public Hearing on this matter for 90 days, seconded by Mrs Worth Mr DiTullio will not support this continuance, his constituents have expressed concern about the inability of Council to make a decision, either pass this tonight or deny it. Ms Figlus also will not support the continuance, it's time to take a vote Motion tied 4-4 with Councilmembers Edwards, Worth, Shaver, and Siler voting yes Mayor broke the tie by voting yes Motion carried 5-4 Item 2. Council Bill 24 - An ordinance amending the Wheat Ridge Code of Laws concerning Pawnbrokers. Council Bill 24 was introduced on second reading by Mr Siler; title and summary read by the Clerk; Ordinance No 1203 assigned Mr Dahl explained the reasons for changing the original Pawnbroker ordinance, this amendment provides that only the person who originally pawned the property may redeem it. Motion by Mr Siler to approve Council Bill 24 (Ordinance 1203) on second reading, seconded by Mr DiTullio Motion by Mrs Shaver for an amendment to add "or notarized authorization", seconded by Mrs Worth, failed 2-6 with Councilmembers Shaver and Worth voting yes Original Motion carried 6-2 with Councilmembers Shaver and Worth voting no CITY COUNCIL MINUTES August 28, 2000 Item 3. Page - 3 - Council Bill 22 - An ordinance amending Section 26-5(a) of the Wheat Ridge Code of Laws by amending definitions pertaining to "Family", "Nonprofit Group Home", and "Residential Group Home" Council Bill 22 was introduced on second reading by Mr Siler; title and summary read by the Clerk; Ordinance No 1204 assigned Mr Dahl explained the changes from the original ordinance Motion by Mr Siler to approve Council Bill 22 (Ordinance No 1204), amending the definitions pertaining to "family", "non-profit group home" and "residential group home" for the purpose of clarifying the definitions to aid in enforcing the new state law requiring sex offenders within seven days of becoming a temporary or permanent resident within a city to register with the local law enforcement agency; seconded by Mr DiTullio, carried 6-2 with Mr Hanley and Mrs. Worth voting no Item 4. Application for approval of an amendment to the Youngfield Plaza Planned Commercial Development final development plan to allow construction of a CMRS tower at 4056 Youngfield Street. (Case No WZ-00-03) (To be continued to September 25, 2000) Motion by Mr DiTullio to continue Item 4 to September 25, 2000, seconded by Mrs Worth, carried 8-0 ORDINANCES ON FIRST READING Item 5. Council Bill 26 - An ordinance amending Chapter 15 of the Wheat Ridge Code of Laws by amending Section 15-1, Definitions, adding Sections 15-31 through 15- 34 and adding a new Article III, Sections 15-40 through 15-46, entitled "Closure Procedures for Specified Crime Properties Council Bill 26 was introduced on first reading by Mrs Worth, who also read the title and summary Motion by Mrs Worth that Council Bill 26 be approved on first reading, ordered published, public hearing be set for Monday, September 25,2000 at 700 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication with the following amendment: "This Ordinance shall apply only to residential structures of ten units or more or commercial buildings of ten units or more in the Hotel/Motel areas", seconded by Ms Figlus CITY COUNCIL MINUTES August 28, 2000 Page - 4 - Motion by Mr DiTullio to strike the amendment; seconded by Mr Edwards Motion by Mr Siler to postpone this Item to September 25, 2000 and have it added to the September Study Session, seconded by Mr Mancinelli, carried 5-3 with Councilmembers Edwards, DiTullio, and Worth voting no Item 6. Council Bill 27 - An ordinance amending Chapter 5 of the Wheat Ridge Code of Laws by adding Section 5-82 concerning the adoption by reference of the International Property Maintenance Code Council Bill 27 was introduced on first reading by Mrs Worth, who also read the title Motion by Mrs Worth that Council Bill 27 be approved on first reading, ordered published, public hearing be set for Monday, September 25,2000 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 Mr Edwards. Motion by Ms Figlus to postpone this to the September Study Session because this goes in tandem with Item 5, seconded by Mr Hanley; failed 3-5 with Councilmembers Shaver, Figlus, and Hanley voting yes Original Motion carried 7-1 with Ms Figlus voting no Item 7. Council Bill 28 - An ordinance providing for the approval of a Special Use permit to allow Casino Bus drop-off and pick-up on Commercial-One zoned property located at 12100 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-00-01) (BartMac Corp) Council Bill 28 was introduced on first reading by Mr Hanley, who also read the title and summary Motion by Mr Hanley that Council Bill 28 be approved on first reading, ordered published, public hearing be set for Monday, October 9, 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 Mancinelli, carried 7-1 with Mr DiTullio voting no CITY COUNCIL MINUTES August 28, 2000 Page - 5 - Item 8. Council Bill 29 - An ordinance adopting a temporary moratorium on acceptance and processing of applications for building permits within portions of certain Commercial Zone Districts in the City Council Bill 29 was introduced on first reading by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler that Council Bill 29 be approved on first reading, ordered published, public hearing be set for Monday, September 11, 2000 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect upon passage, with the following amendment on page 2, Section 1, after the end of the first sentence, add "This moratorium shall not include acceptance and processing of applications for building permits for maintenance of a structure or grounds", seconded by Mrs Worth Motion by Mr DiTullio for an amendment on Page 2, third Whereas, be added "and applications for rezoning", and this also be added to appropriate sections determined by the City Attorney; seconded by Mr Siler; carried 6-2 with Mr Hanley and Mr Mancinelli voting no Motion by Mr Edwards for an amendment to have a conforming change throughout the ordinance to delete the reference to the zone districts and to the term commercial areas and to just refer throughout the ordinance to those portions of the City depicted on the map attached as Exhibit 1, seconded by Mr DiTullio, carried 6-2 with Mr Mancinelli and Mr Hanley voting no Motion by Mrs Shaver for an amendment to add in Section 1 the words "new construction and for exterior remodeling/renovation within", seconded by Ms Figlus, carried 6-2 with Mr Edwards and Mr DiTullio voting no Motion by Mr Edwards for an amendment to include all of the commercial areas in the section from 29th Avenue between Sheridan and Fenton and note it on the map, seconded by Mr Siler Motion by Ms Figlus to amend the amendment to include all the commercially zoned districts, seconded by Mrs Worth, failed 2-6 with Councilmembers Worth and Figlus voting yes Vote on Mr Edwards' motion carried 6-2 with Ms Figlus and Mr Hanley voting no Vote on original motion as amended carried 5-3 with Councilmembers Figlus Hanley, and Mancinelli voting no Ms Figlus is concerned why some areas are included and others aren't; there seems to be some degree of unfairness CITY COUNCIL MINUTES August 28, 2000 DECISIONS. RESOLUTIONS. AND MOTIONS Page - 6 - Item 8. A. Consultant Selection for the Streetscape Manual and Architectural Standards for the City Item 8 A. was introduced by Mr Edwards, who moved that Valerie Adams and the appropriate staff begin negotiations for a contract for professional services to be provided by THK and Associates, Inc. to provide Streetscape Manual/Maintenance documents and Architectural Development review Standards and Requirements for the City Specific details of the Scope of Services are to be determined in coordination with the Public Works Advisory Committee, seconded by Mr DiTullio, carried 8-0 Item 9. CONSENT AGENDA A. Approval of Expenditure Items B Resolution 35 - determining that the "Proposed Modification to Urban Renewal Plan" is a substantial modification of the Wheat Ridge Urban Renewal Plan within the terms of C R.S ~ 31-25-107(7), and directing the Urban Renewal Authority and staff to follow the procedure for initial approval of Urban Renewal Plans C Approval of contract award for Design Services for the repair of the Town Center Park Fountain D Approval of cancellation of the bid award to Intermountain Color for printing services of the City's newsletter and Parks and Recreation activities guide E Approval of the confidential voluntary resignation agreement between the City and Gary Wardle F Approval of bond counsel for legal services pertaining to the Urban Renewal Areas G Approval of bid quotation to purchase 42 computers Consent Agenda was introduced by Mrs Worth, who also read the titles. She stated that under A. the towing bill has been removed, it has already been paid Mrs Shaver asked to pull D Ms Figlus pulled C Motion by Mrs. Worth for the approval of Items A. B E. F G seconded by Mr DiTullio, carried 7-1 with Mr Siler voting no CITY COUNCIL MINUTES August 28, 2000 Page - 7 - C. Motion by Ms Figlus that Hydrosystems be awarded the contract for Design Services for the Town Center Park Fountain Repair Project in the amount of their low bid of $5,800 and all costs be charged to Acct. No 01-603-812, , seconded by Mrs Worth, carried 8-0 D. Motion by Mrs Shaver for approval of D , seconded by Mr Edwards, carried 8-0 COUNCIL COMMITTEE REPORTS Jerry DiTullio - City Affairs Committee - did not meet tonight - no report. Vance Edwards - Public Works Advisory Committee - they went with THK for streetscape, architectural standards, they will also review scope of services Odarka Figlus - Finance Committee - next meeting will be on September 21, they will have a report from the independent auditor of the City and will start working on the actual budget. CITY MANAGER'S MATTERS Valerie Adams asked for Council input on her "The Week That Was" report; gave update on detention pond at Rec Center CITY ATTORNEY'S MATTERS Gerald Dahl gave update on purchase of Davis property and negotiations with Open Space The weeds on the property will be mowed, but due to the rocky conditions, it is very hard to get equipment in there to do the job The cost is chargeable to the owner of the property ELECTED OFFICIALS MATTERS Jerry DiTullio stated that he was informed by Mark Udall that although the City of Wheat Ridge still does not have one Zip Code, the residents can use Wheat Ridge as their address and whatever appropriate Zip Code Number, whether it be Arvada, Lakewood, or Denver He asked for consensus that the City Manager be allowed to release the addresses of people affected to the Post Office, consensus was 8 in favor CITY COUNCIL MINUTES August 28, 2000 Page - 8 - Mrs Worth asked that the future of the Baugh property be put on the September Study Session She would also like an item on the next Agenda that a chain link construction fence be put around the Baugh property Motion by Mr DiTullio for adjournment; seconded by Mr Edwards, carried 8-0 Meeting adjourned at 10'38 p m &9e{~k APPROVED BY CITY COUNCIL ON SEPTEMBER 11, 2000 BY A VOTE OF ~ TO ~ 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