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HomeMy WebLinkAbout10/09/2000 October 9. 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, Acting City Manager, Jack Hurst; City Attorney, Gerald Dahl Acting Director of Parks & Recreation, Joyce Manwaring, Director of Planning, Alan White, staff; and interested citizens APPROVAL OF MINUTES OF September 25, 2000 Motion by Mrs Worth for the approval of the Minutes of September 25, 2000; seconded by Mr Siler; carried 8-0 CITIZENS' RIGHT TO SPEAK Bill Knott, 7380 Tabor Street, Arvada, addressed the proposed library mill levy increase on the ballot this November; explained the benefits of approving this increase Lucy Beckstead, 3505 Miller Court, member of the Board of Trustees of the Jefferson County Library System, stated that although we have a fantastic library system at this time, there is a greater demand for on-line services and more books and a mill levy increase is needed Justinian Hatfield, Sentinel & Transcript Newspaper, invited everyone to an Open House on October 12 from 4 - 7 P m APPROVAL OF AGENDA Motion by Mr DiTullio to add Resolution 39-2000 to the Agenda, as Item 4 A., seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES October 9, 2000 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. 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) (Bart MacGillivray) Council Bill 28 was introduced on second reading by Mr Hanley, who also read the title and summary; Clerk assigned Ordinance No 1209 Applicant Bart MacGillivray, was sworn in by the Mayor; stated they have never had an issue with not enough parking spaces Alan White, Planning Director, was sworn in by the Mayor and presented the staff report. Brad Shefrin, attorney for bus company, answered questions Motion by Mr Hanley to approve Council Bill 28 (Ordinance 1209), a request for approval of a Special Use Permit to allow Casino bus pick-up and drop-off on C-1 zoned property located at 12100 West 44th Avenue, for the following reasons 1 The casino bus operation is providing a benefit to the general public by reducing the number of vehicles traveling to and from Central City and Black Hawk. 2 The bus operation has not created a significant number of accidents on adjacent public streets With the following conditions. 1 That the special use permit be issued to Bart MacGillivray~ 2. That no casino bus parking be allowed on adjacent public streets 3 That the idling of buses be subject to the City of Wheat Ridge nuisance regulations (Section 15-26, Offensive Discharges) with the idling of diesel engines limited to a maximum of 15 consecutive minutes. 4 That a maximum of approximately one casino bus per hour be allowed in and out of the hotel. 5 That the casino bus loading/parking space be marked or signed, seconded by Mr Mancinelli, tied 4-4 with Councilmembers Shaver, Figlus, Hanley, and Mancinelli voting yes Mayor broke the tie by voting yes Motion carried 5-4 CITY COUNCIL MINUTES October 9, 2000 Page - 3 - Item 2. Council Bill 25 - An ordinance providing for the approval of rezoning from Agricultural-Two to restricted Commercial-One for property located at 4288 Youngfield Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-00-05) (Modern Log Homes Inc) Council Bill 25 was introduced on second reading by Mr Hanley, who also read the title and summary; Clerk assigned Ordinance No 1206 Steve Trout, applicant, was sworn in by the Mayor He asked for approval of his application Alan White was sworn in by the Mayor and presented the staff report. Motion by Mr Hanley to approve Council Bill 25 (Ordinance 1206) for the following reasons 1 The increased commercialization of and future changes to the Youngfield/I-70 corridor have rendered the property undesirable as a single family residence 2. The proposed change of zone is consistent with both the Comprehensive Plan and the Fruitdale Valley Master Plan With the following condition 1 The rezoning is conditioned upon the subsequent approval of the site plan to be recorded with the County; seconded by Mr Siler; carried 8-0 Motion by Mr Hanley that the site plan for 4288 Youngfield proposed in conjunction with Case No WZ-00-05, be approved for the following reasons 1 The size of the building and materials proposed to be used are consistent with residential development and would not be incompatible with the neighborhood 2. All requirements of the zoning code have been met and all minimums of the zoning code are exceeded With the following conditions 1 If security lighting be used, it be on motion detectors 2 A row of view-obscuring coniferous trees be planted along the eastern property line 3 The landscaped areas along the street frontages be properly irrigated and maintained 4 That the site plan be recorded as a condition on the property and any future building additions or other changes to the recorded site plan must be approved by the Planning Commission and City Council, seconded by Mrs Worth CITY COUNCIL MINUTES October 9, 2000 Page - 4 - Motion for an amendment by Ms Figlus to add a condition that the sign not be lighted after 10 00 pm, seconded by Mrs Shaver; carried 5-3 with Councilmembers Siler, Hanley, and Mancinelli voting no Original Motion as amended carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. Irrigation Pond Liner at the Wheat Ridge Recreation Center Item 3 was introduced by Mr Siler, subject, summary and background read by the Clerk. Motion by Mr Siler that the contract for the Pond Liner at the Wheat Ridge Recreation Center be awarded to Lange Containment Systems, Inc. in the amount of $63,558 I further move that a contingency in the amount of $6,360 be established I further move that the City Manager and the City Attorney be authorized to complete the Agreement with Lange Containment Systems, Inc I further move that the Director of Parks & Recreation be authorized to issue change orders up to the total contract and contingency amount and that the total cost of the Pond Liner Project of $69,918 be charged to the Recreation Center Construction Fund, Account #61-602-801 I further move that the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 2000 and 2001 for this project in accordance with Ordinance 787, 1989 Series, seconded by Mr Edwards, carried 8-0 Item 4. Resolution 33 -2000 - appropriating additional funds to Fund 64, Recreation Center Operating Fund Resolution 33 was introduced by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler to approve the job description of Pool Manager; seconded by Mr DiTullio, carried 8-0 Motion by Ms Figlus to adopt Resolution 33, amending the 2000 budget and appropriating $81,689 from the Recreation Center Operating Fund Fund Balance into the Recreation Center Operating Fund, seconded by Mr DiTullio carried 8-0 CITY COUNCIL MINUTES October 9, 2000 Page - 5 - Item 4.A. Resolution 39-2000 - authorizing Jefferson County Open Space to continue good faith negotiations and to acquire the 190 acres of land more or less, located in Wheat Ridge Colorado (Coors Greenbelt Property) at the negotiated price for Parks and Recreation purposes Resolution 39 was introduced by Mr DiTullio, who also read the title and summary Motion by Mr DiTullio to approve Resolution 39 seconded by Mr Edwards Mrs Worth asked that the record reflect that there is an agreement to keep an 8 ft level of water west of the berm in Tabor Lake Motion by Mr Siler to postpone the adoption of this motion until the October 23 meeting and that it be added to the October 16 Study Session so we can ask questions to ensure that previously asked questions will be fully answered, seconded by Mr Mancinelli. Dan Kimball, 3290 Field Street, Wheat Ridge's representative to the Open Space Advisory Committee, stated that the Open Space Advisory Committee is meeting at a Special Meeting on October 19 to deal with this matter; they are working against the end of the year schedule so the Board of County Commissioners can address and deal with this issue before the end of the year Mr Siler's motion failed 2-6 with Councilmembers Siler and Mancinelli voting yes. Jerry Dahl gave update on issues that had been raised during the course of obtaining this property Motion by Ms Figlus to suspend the Rules and allow Mr Siler an additional 5 Minutes to ask questions seconded by Mrs Worth, carried 7-1 with Mr DiTullio voting no Mrs Worth wants to protect the citizens in District IV who have wells, she estimates that there are over 200 wells in the valley that have been used forever If Coors starts to pump down from the aquifer to replace an exchange of water into Clear Creek to go downstream to Kansas and Nebraska, so that they can maintain their levels, it will dry up the wells in the Valley She wants to make sure that this problem is on the record The citizens have protested the pumping of the wells to the City and she has brought it to the City's attention Original Motion carried 6-2 with Mr Siler and Mr Mancinelli voting no CITY COUNCIL MINUTES October 9, 2000 Page - 6 - Item 5. CONSENT AGENDA A. Approval of Expenditure Items B Resolution 37 - 2000 - amending the 2000 Budget for the Wheat Ridge Insurance Fund C Resolution 38-2000 - correcting Resolution 74, approving the 2000 Budget. D Approval of Contract for professional services-Brian Rick and Associates-Economic Development. Mrs Worth introduced the Consent Agenda and read the titles Mr Siler asked to pull D Ms Figlus asked to pull A. Mrs Shaver asked to pull A. and B Motion by Mrs Worth to adopt Item C , seconded by Mr Siler; carried 8-0 A. Ms Figlus had asked that the City Attorney do some research on an expenditure regarding professional services, Mr Dahl stated that he has checked the invoices and that everything checked out and this is an appropriate expenditure that should be paid Motion by Mrs Worth to approve Item A., seconded by Mr Edwards, carried 8-0 C Mrs. Shaver asked that more of an explanation be presented by staff regarding this item After Mr Hurst explained, Mrs Shaver moved for approval of C , seconded by Mrs Worth, carried 8-0 D Mr Siler explained the purpose of hiring a Consultant for an Economic Development Plan Motion by Mr Siler for approval of D , seconded by Mr Edwards, carried 8-0 COUNCIL COMMITTEE REPORTS Vance Edwards - Public Works Advisory Committee - referred to the memorandum provided to Council regarding a group of citizens and business people to work with the Public Works Advisory Committee to help bring information forward to the public hearings for the streetscapejarchitectural standards design plans He asked for consensus to accept the group and move forward, consensus was 8 in favor CITY COUNCIL MINUTES October 9, 2000 Page - 7 - Odarka Figlus - Finance Committee - reported that the budget process is moving along and the Finance Committee will be reviewing the details on October 16 at 5 30 they will discuss revenues and the Rec Center budget in detail, recommended that all Councilmembers attend this meeting Final Budget will be presented to Council at the November Study Session Motion by Ms Figlus that the Finance Committee review the 2001 budget detail, make recommendations so that the budget can be presented at the November Study Session and that the packet materials be provided to all Councilmembers, seconded by Mr DiTullio, carried 8-0 CITY MANAGER'S MATTERS Jack Hurst distributed the Hotel/Motel Crime Free Program brochure, signs should be delivered in a few weeks to motels that have already complied with the program He gave update on new hires a Personnel Manager, who will be starting on October 23, a Purchasing Agent who will start October 24 He will be asking for a fourth work station in the Administrative Area ELECTED OFFICIALS MATTERS Mayor Cerveny thanked everybody who attended Gary Wardle's party Claudia Worth complimented Mr Siler on the Economic Development Committee, the meetings are extremely informative and a lot of fun She encouraged citizens to come and listen in She thanked Mr Hurst for the excellent job he is doing Odarka Figlus asked that all Councilmembers be informed if a Committee holds a Special Meeting and also requested that they receive a full packet. Janelle Shaver addressed rumors that Council does not support the Recreation Center; she pointed out the expenditure tonight and wants it passed along to the staff that Council indeed does support the Rec Center Ken Siler asked Jack Hurst that he instruct Joyce Manwaring to look into the above mentioned rumors He gave update on the work of the Economic Development Committee He encouraged citizens to attend the various meetings CITY COUNCIL MINUTES October 9, 2000 Page - 8 - Jerry DiTullio moved that Claudia Worth continue to be the CML Policy Committee member for the City of Wheat Ridge, seconded by Mrs Shaver; carried 8-0 Vance Edwards stated that PWAC has reviewed the Capital Improvement budget and made their recommendations Motion by Mr DiTullio to adjourn, seconded by Mrs Worth, carried 8-0 Meeting adjourned at 10 32 P m I / -')//.- {~. i'c-", '1.. H Wanda Sang, City CI~k APPROVED BY CITY COUNCIL ON OCTOBER 23, 2000 BY A VOTE OF JL.. TO ~ ~ I /' ~ j ,/",\. \~ !" ,. ~ 'I . l Jerry Dfullio, 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