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HomeMy WebLinkAbout09/25/2000 September 25. 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: Deputy City Clerk, Christa Jones, Acting City Manager, Jack Hurst; City Attorney, Gerald Dahl, Director of Planning, Alan White, staff' and interested citizens APPROVAL OF MINUTES OF September 11, 2000 Motion by Mr DiTullio for the approval of the Minutes of September 11, 2000, seconded by Mrs Worth, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny presented and read the Proclamation for Wheat Ridge Women's Club _ 50th Anniversary Members from the Women's Club were present and accepted the proclamation and thanked the City for acknowledging them Mayor Cerveny read the Proclamation for Breast Cancer Awareness Month - October 2000 CITIZENS' RIGHT TO SPEAK Rishelle Rohr, representing BNL Motels, Inc. spoke regarding Ordinance 1205, which was passed last week, they have an upcoming project on 4710 Miller Street; they have been developing plans and have spoken to the Building Inspector, but never once were they informed that this moratorium was coming up, when they brought their plans in one day after the moratorium had passed, it was like a bomb being dropped on them She asked that this be reviewed and the moratorium be taken off Quinn Wilhelm stated he is a candidate for the House of Representatives, he invited the public to take place in a "meet the candidate forum" at the Wheat Ridge Rec Center on September 28, this is being hosted by Councilmember DiTullio, State Senator, Norma Anderson and Governor, Bill Owens CITY COUNCIL MINUTES September 25, 2000 Page - 2 - APPROVAL OF AGENDA Motion by Mr DiTullio to add the Revocable License Agreement with Apple Ridge Cafe as Agenda Item 10 G, seconded by Mrs Worth, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. 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 second reading by Mrs Worth, who also read the title and summary; Clerk assigned Ordinance No 1207 Alan White was sworn in by the Mayor and gave background on the Ordinance The Hotel/Motel Task Force felt that this Ordinance would be helpful. This Ordinance applies not only to hotels/motels, but also to all commercial and industrial properties and residential properties with ten or more units Motion by Mrs Worth to approve Council Bill 27 (Ordinance No 1207), seconded by Mr Hanley Motion by Ms Figlus to continue the public hearing on this matter indefinitely and send it to the Building Code Advisory Board for fine tuning, seconded by Mr Hanley; tied 4-4 with Councilmembers Shaver, Worth, Figlus and Hanley voting yes Mayor broke the tie by voting no, Motion failed 5-4 Motion by Ms. Figlus to amend the motion to read that provisions of this code which address minimum sizes or dimensions or electrical service shall not apply to existing structures legally permitted previously by the City, unless modifications are proposed to those structures, seconded by Mrs Shaver; failed 5-3 with Councilmembers Shaver, Worth, and Figlus voting yes Mr DiTullio called for the question, seconded by Mr Siler; carried 7-1 with Ms Figlus voting no Original Motion carried 7-1 with Ms Figlus voting no CITY COUNCIL MINUTES September 25, 2000 Page - 3 - Item 2. Council Bill 30 - An ordinance amending Section 26-30(T) of the Wheat Ridge Code of Laws, concerning Commercial Mobile Radio Service (CMRS) Facilities (Case No ZOA-00-10) Council Bill 30 was introduced on second reading by Mr Edwards, who also read the title and summary; Clerk assigned Ordinance No 1208 Alan White gave the staff report; he stated that this was heard by Planning Commission last Thursday; they unanimously recommended that Council not approve this unless there is an amendment made to require that Special Use Permits are required for CMRS Facilities in residential districts Herb Quintana, representing NEXTEL Communications, was sworn in by the Mayor; he spoke in support of the Ordinance Motion by Mr Edwards to approve Council Bill 30 (Ordinance 1208) on second reading, seconded by Mr DiTullio, carried 8-0 Item 3. Council Bill 31 - An ordinance amending the Wheat Ridge Code of Laws pertaining to the regulation of sexually-oriented businesses to make exceptions for a pre-existing use Council Bill 31 was introduced on second reading by Mr Hanley, who also read the title and summary Mr Dahl explained that this Ordinance is the result of litigation pertaining to one business in the City, which is not conforming to our previously passed Ordinance regulating sexually oriented businesses Motion by Mr Hanley to approve Council Bill 31 on second reading, seconded by Mr Siler Motion by Mr DiTullio to postpone Council Bill 31 indefinitely; seconded by Mrs Shaver; carried 6-2 with Ms. Figlus and Mr Hanley voting no CITY COUNCIL MINUTES September 25, 2000 Page - 4 - 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) (Ralph Walker for Airtouch Cellular) Item 4 was introduced by Ms Figlus, who also read the title and summary Ralph Walker applicant, was sworn in by the Mayor; he explained that the proposed antenna would provide better coverage to that part of 1-70 that goes north and south Because the proposed location drops off about fifty feet it would be necessary to build a 55-foot high tower as opposed to a 30-foot tower if it were built on higher ground The tower would be hidden behind high trees and should not be visible from nearby residences Alan White presented the staff report. He addressed the 50 ft utility easement that crosses the southern part of the property, which was granted to Coors for access to the Greenbelt. He has not heard anything from the property owner to indicate it is okay to put the tower in their easement. Planning Commission has recommended denial Mrs. Eli Gonzales was sworn in by the Mayor; she asked that Council not approve this antenna She has lived in her house for 38 years and was worried that this antenna would bring down the property values in her neighborhood and ruin her view; she is not alone in this opinion, she had previously submitted signatures from her neighbors who are also opposed to the erection of the tower Motion by Ms Figlus that Case No WZ-00-03, be denied for the following reasons 1 While recognizing that cell phones can provide a valuable service, the proposed tower would interfere with the view of residents with homes on the bluff Those residents have the right to rely on the previously approved Planned Development which had no buildings or structures obstructing mountain views from that subdivision 2 The height of the tower as designed, along with the elevated foundation base, far exceeds the fifty-foot height limit designated in the Charter 3 There is a possibility that, if approved, the tower could later have additional antennas which would further obstruct the view; seconded by Mr Edwards, carried 6-2 with Councilmembers Hanley and Worth voting no CITY COUNCIL MINUTES September 25, 2000 ORDINANCES ON FIRST READING Page - 5 - 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, October 23, 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 DiTullio, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Motion to give bid award for Court Remodel (RFP #99-25) Motion by Mr Edwards that the Interim City Manager, Jack Hurst, be allowed to enter into a contract pertaining to the design/build project for the court remodel with the team of Minnkota Contracting and C41 Design Group (RFP #99-25) in the amount of their bid of $174,788 I further move that a contingency account be established in the amount of $26,218 I further move that an account be established for the relocation costs associated with the court remodel in the amount of $20,700 I further move that an account be established for the costs of replacement furniture and blinds in the amount of $41 ,500 I further move that 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 DiTullio, carried 8-0 Item 7. Contract Award to low bidder for Project S-01-00-2000 Local Streets Improvement Project. Motion by Mr Edwards that the 2000 Local Streets Improvement Project, Project No S-01-00, be awarded to Citywide Enterprises, Inc in the amount of their bid of $248,545 04 I further move that a force account and contingency of $12,427 be established I further move that an early completion incentive bonus of $4,971 be established I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $265,943 04 I further move that all costs associated with this contract be paid from Acct. No 30-303-800-840, and that these funds be encumbered for the length of the project in accordance with Ordinance 787, 1989 Series, seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES September 25, 2000 Page - 6 - Item 8. Approval to purchase Holiday Decorations for City Facilities Motion by Mr Siler to approve the purchase of additional holiday decorations as noted on the attached list in an amount not to exceed $20,000 and approval of the necessary budget appropriation in the amount of $20,000 from general fund unallocated reserve to Acct. No 34- 603-800-862, seconded by Mr DiTullio, carried 8-0 Item 9. Resolution 36-2000 - in support of a Grant Application to the State Historical Fund for the Restoration of the Baugh House Resolution 36 was introduced by Mrs Worth, who also read the title and summary Motion by Mrs Worth to adopt Resolution 36-2000; I further move to adopt the conceptual site planning use plan as presented by the Wheat Ridge Historical Society to City Council on September 18, 2000, seconded by Mr DiTullio, carried 8-0 Item 10. CONSENT AGENDA A. Approval of Expenditure Items B Approval of new Senior Secretary position for Economic Development Division C Award of Contract for Professional Consulting Services for the Development of a Streetscape Design Manual and Architectural Standards and Maintenance Documents D Bid Award for Wheat Ridge Historical Park Roof Renovations E. Acceptance of Local Law Enforcement Block Grant Year 2000 F Acceptance of Bulletproof Vest Program Award G Approval of Revocable License Agreement between the City and Apple Ridge Cafe Consent Agenda was introduced by Mrs Worth, who also read the titles Mr Edwards asked to pull Item C in order to make a change Ms Figlus asked to pull A. CITY COUNCIL MINUTES September 25, 2000 Page - 7 - Motion by Mrs. Worth for approval of the Consent Agenda, Items B D E. F G, seconded by Mr Siler; carried 8-0 Ms Figlus moved that Mr Dahl check the contract with Jori Alwell and the invoices to see if they match up with what has been billed and what is remaining and then bring it back to the next council meeting for recommendation, seconded by Mr DiTullio, carried 5-3 with Councilmembers Siler, Hanley and Mancinelli voting no Motion by Mrs Worth to approve the rest of Item A. seconded by Mr DiTullio, carried 8-0 Motion by Mr Edwards for approval of C with the provision that it be made clear to THK Associates, Inc. that tasks 11 and 12 of that focus on Ordinance changes that need to be coordinated with Jerry Dahl, Alan White and Bob Goebel for revisions to Chapter 26 of the Planning and Zoning Code, those components of the scope of service be at the front of the project rather than at the end of the project; seconded by Mrs Worth, carried 8-0 COUNCIL COMMITTEE REPORTS Vance Edwards - Public Works Advisory Committee - requests that we discuss potential funding opportunities for Streetscape projects from 2001 and on that involve grants, CDBG funds, etc ,at the next available Study Session, no later than November Consensus was 8 in favor to schedule this CITY MANAGER'S MATTERS Jack Hurst gave update on City Manager search process Economic Development process is going forward in a positive manner Budget work is ongoing Morale in the City is solid, is up, and everybody seems to be in a pretty good mood ELECTED OFFICIALS MATTERS Vance Edwards stated that all projects in the City are going forward without a glitch, they have full confidence in Jack Hurst and are going through this transition quite well Jerry DiTullio stated that there will be a special Council meeting on October 9 at 5 30 P m to review City Manager selection criteria, he asked that Council review the paperwork presented to them tonight and bring any suggested changes to that meeting He agrees with Mr Edwards that all the projects we have started are still on schedule, staff is doing an excellent job, we only need to hire a few people Good job, Jack Hurst. CITY COUNCIL MINUTES September 25, 2000 Page - 8 - Janelle Shaver asked for consensus that a flier be put up at the entrance of the Rec Center at the end of every month and give all the District Meetings places, times, and topics Consensus was 7 in favor She thanked the business at 44th & Wadsworth (CBS) for the time and temperature read-out. She wrote a thank you letter and asked other Councilmembers to sign it. Ralph Mancinelli reported that 12 houses in Wheat Ridge have received help this year from the Jefferson County Housing loan rehab committee Ken Siler reported that contrary to some comments he has heard, the City is very interested in Economic Growth and will continue any and all projects that have been started in the last six to eight months, the Urban Renewal Authority and the Economic Development Committee are going ahead at full steam to complete their projects 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