Loading...
HomeMy WebLinkAbout03/19/2001 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building March 19, 2001 The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m Councjlmembers 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, Director of Planning, Alan White, Director of Public Works, Bob Goebel, Acting Director of Parks Joyce Manwaring staff; and interested citizens APPROVAL OF MINUTES OF February 26, 2001 Motion by Mr DiTullio for the approval of the Minutes of February 26, 2001 with the correction on Page 10, that the two motions he voted against, were seconded by somebody else Mrs Worth asked that the Clerk find the part on the tape where she asked about signs being grand- fathered in and Mr Dahl's response and add that to the minutes, seconded by Mrs Worth, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny administered the Oath of Office to newly appointed Board and Commission members CITIZENS' RIGHT TO SPEAK Carol Burks stated she is heading up the Post Prom Committee for Wheat Ridge High School this year; requested that the City donate the rental fee for the Recreation Center Betty Ferguson is a Counselor at Wheat Ridge High School and also asked that the Recreation Center fee be waived Linda DeB uno also asked that the fee be waived CITY COUNCIL MINUTES March 19, 2001 Page - 2 - Ralph Santangelo talked about his favorite neighbor Walmart. He stated that Walmart has applied for a 30 day license to have a garden shop in their parking lot. He asked Council to direct Planning and Zoning not to give this permit. APPROVAL OF AGENDA Motion by Mr Siler to add an Item to the Agenda to discuss Post Prom Events as Agenda Item 8 A., seconded by Mr Mancinelli, carried 6-2 with Mr DiTullio and Ms Figlus voting no Mr DiTullio stated that our policy is clear of not waiving fees and also there is no back-up material to this item Motion by Mr Mancinelli to add an Item to the Consent Agenda 9 E Motion to replace a vacancy created recently in our Building Code Advisory Board, Valerie Brown moved out of the District and he wants to appoint James Molnar from District IV and his term will end March 2, 2002, seconded by Mr Siler; carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 06-2001 - An Ordinance approving the renewal of a Cable Television Franchise, and in connection therewith repealing and reenacting Section 23-1 of the Code of Laws Council Bill 06 was introduced on second reading by Mr Siler, who also read the title and summary Clerk assigned Ordinance No 1216 Mr Dahl presented the staff report and stated that this will be a 12-year franchise, this is not an exclusive franchise and another provider would be able to come and apply for a franchise They will provide 6 public access channels, we currently use 2, so that would leave us with 4 additional channels to use Council Chambers will be wired with state-of-the-art wiring with remote control cameras Wendy Farley from AT&T Broadband, was sworn in by the Mayor, thanked Council for the opportunity to get the franchise and commended Jerry Dahl's work. She then answered Council's questions Motion by Mr Siler that Council Bill 06-2001 (Ordinance 1216) be approved on second reading and take effect on adoption, seconded by Mrs Worth, carried 8-0 CITY COUNCIL MINUTES March 19, 2001 Page - 3 - Item 2. Council Bill 03-2001 - An Ordinance providing for the approval of a rezoning from Residential-One C to Residential-Three for property located at 8400 West 46th Avenue, City of Wheat Ridge County of Jefferson State of Colorado (Case No WZ-00-14) (Dona & Paul Thompson) Council Bill 03-2001 was introduced on second reading by Mr Hanley who also read the title and summary Clerk assigned Ordinance No 1217 Dona Thompson, applicant, was sworn in by the Mayor She explained that they bought the property in 1963 and when her father died in 1973, they put in an apartment for her mother; her mother died in 1984 and they rented out the apartment, not knowing that the property was not properly zoned She asked for approval of the rezoning Meredith Reckert was sworn in by the Mayor and presented the staff report. She distributed 3 letters in favor of the application from residents in the neighborhood Gerry Dungan and Ann Dungan, 8420 West 46th Avenue, were sworn in by the Mayor and spoke in favor of the rezoning They have lived next to the Thompson's for 23 years and have never had any problems with their renters The Thompson's are very selective as to who they rent to Motion by Mr Hanley for approval of Council Bill 03-2001 (Ordinance 1217) for the following reasons 1 It will provide a land use transitional between the small lot single family neighborhood to the west and NorthWest and the industrially zoned and utilized property to the east. 2. It will not constitute spot zoning as the property to the south has R-3 zoning 3 There have been no apparent negative affects on the surrounding neighborhood, seconded by Mrs Worth Mrs Shaver will vote against this not because she has anything against the Thompson's, but because she thinks it's not necessary CITY COUNCIL MINUTES March 19,2001 Page - 4 - Motion by Ms Figlus for a substitute motion that action on this case be postponed until the Council has received and acted upon a recommendation from the Planning Commission and the City Affairs Committee for an amendment to the Code of Laws to provide for a mechanism for regulation of accessory dwelling units in the following zone districts R-1, R-1 A, R-1 Band R-1 C, seconded by Mrs Shaver; failed 2-6 with Councilmembers Shaver and Figlus voting yes Original Motion carried 5-3 with Councilmembers Edwards, Figlus, and Shaver voting no Mr Edwards has concerns about the issue of changing the character of this community one rezoning at a time This is nothing against the Thompson's Ms Figlus is concerned that when the property gets sold, this becomes then potentially a double rental, this is not the right mechanism for solving the problem Item 3. Application by Ojala & Company for the Kaiser Foundation for approval of a four- lot minor subdivision plat on property zoned Commercial-One (C-1) and located at 4865, 4875, 4885 and 4895 Ward Road (Case No MS-00-07) Application by Ojala & Company for the Kaiser Foundation for approval of a site plan for the purpose of developing an office park on property zoned Commercial- One (C-1) and located at 4865 4875, 4885 and 4895 Ward Road (Case No WSP-OO-01) Item 3 was introduced by Mr Hanley, who also read the titles and summary Dave Forman, applicant, presented hand-out to the City Clerk for distribution to Council, which was marked Applicant Exhibit A. He then presented his case and asked for approval of this project; he also asked that the condition of the extra 10 feet of roadway not be made a condition Dave Ruble, Traffic Consultant for the applicant, was sworn in by the Mayor He presented the traffic impact analysis for this development. Meredith Reckert was sworn in by the Mayor and presented the staff report. CITY COUNCIL MINUTES March 19, 2001 Page - 5 - Motion by Mr Hanley to approve Case No MS-OO-07 a request for approval of a four-lot minor subdivision on C-1 zoned property located at 4865,4875,4885 and 4895 Ward Road for the following reasons 1 A subdivision is required to separate the development parcel from the remainder of the Kaiser Permanente ownership 2 All requirements of the Subdivision Regulations have been met. With the following conditions 1 The City's specifications for paving a private road be met. 2 Easement language requested by Public Service Company be included as a note, seconded by Mr DiTullio, carried 7-1 with Mrs Worth voting no Motion by Mr Hanley to approve Case No WSP-OO-01, a request for approval of a site plan on C-1 zoned property located at 4865,4875,4885 and 4895 Ward Road, for the following reasons 1 A site plan review is required pursuant to the annexation agreement and zoning conditions placed on the property 2 All minimum requirements of the C-1 zone district regulations have been met or exceeded With the following conditions 1 The taper at the west side of the loading area be expanded to facilitate truck-turning movements 2. Two Austrian pines at the lighted access drive on the south must be relocated out of the sight distance triangle, seconded by Mr DiTullio, carried 7-1 with Mrs Worth voting no Item 4. Council Bill 04-2001 - An Ordinance providing for the approval of a rezoning from Commercial-One with restricted uses and Commercial-One with unrestricted uses to a Planned Commercial Development and for the approval of an Outline Development Plan and a Combined Preliminary and Final Development Plan and Plat for property located at 11808 11880 & 11800 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-00-10) (Sandra Thompson) Council Bill 04 was introduced on second reading by Mr Hanley, who also read the title and summary Dick Scheurer with the firm of Robinson and Scheurer, 143 Union Blvd Lakewood, was sworn in by the Mayor, appearing on behalf of the applicant. Also appearing with him is the owner, Hari Sach and architect, Sandra Thompson, who will be presenting the case CITY COUNCIL MINUTES March 19, 2001 Page - 6 - Sandra Thompson was sworn in by the Mayor She gave background on the purchase and use of the property, and explained their reasons for asking for this rezoning They feel their proposal is sensitive to the neighbors and that this plan is appropriate for the site Meredith Reckert was sworn in by the Mayor and presented the staff report. She stated that a legal protest against the rezoning was submitted tonight by George Isquith, 4350 Tabor Street. It is not clear from the maps if Mr Isquith property would comprise the 20% requirement. If a valid legal protest is filed, a majority vote of Council is required for passage Motion by Mr DiTullio to continue this public hearing to the first meeting in April, seconded by Mrs Worth, failed 3-5 with Councilmembers Mancinelli Edwards, and DiTullio voting yes The following speakers were sworn in by the Mayor and spoke in support of the rezoning Lee Gaines, 4880 Ellis Street, Robert Pietrafeso, 4325 Reed Street, Art Rector, 7107 Ammons Street, Leonardo Mendez, 11691 West 44th Avenue, #6, William Hauschild, 11691 West 44th Avenue, #5, Their comments included that RV America has taken a poorly maintained piece of property and turned it into a clean, quiet, well-run business, that is an asset to the community They are good to and for the neighbors Mr Sach is a reputable, honest business man who has helped out a lot of people Ms. Reckert provided one letter against the rezoning, which was from Arlene Hobbs and Jacque Biles, 4311 Tabor Street. Motion by Mrs Worth to continue the Public Hearing to April 9 2001, seconded by Mr Siler; carried 6-2 with Councilmembers DiTullio and Mancinelli voting no Mr DiTullio voted no because proper procedure was not followed There should have been a motion to reconsider and then a vote DECISIONS. RESOLUTIONS, AND MOTIONS Item 5. Approval of Contract for City Attorney Services Motion by Mr DiTullio to approve the contract for legal services with Gerald Dahl of Gorsuch Kirgis LLP, seconded by Mrs Worth, carried 8-0 CITY COUNCIL MINUTES March 19,2001 Page - 7 - Item 6. Motion to accept bid for 2001 Concrete Rehabilitation Program, Project No S- PM-01-01 Motion by Mr DiTullio that the 2001 Concrete Rehabilitation Program Project No S-PM-01-01 be awarded to Eaton-U Inc in the amount of their bid of $557 971 40 I further move that a force account and contingency of $83,696 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 $641 ,66740 I further move that all costs associated with this contract be paid from Acct. No 30-303-800-884, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series, seconded by Mr Edwards, carried 8-0 Item 7. Motion to award bid RFB-01-15 for Town Center Park Renovation Motion by Mr Mancinelli to award bid RFB-01-015 Town Center Park Fountain Renovation to AJI Irrigation in the amount of $76,950 plus a 10% contingency of $7,695 to be charged to Acct. No 01-603-800-812 and that the Park Superintendent be authorized to issue change orders up to the approved contingency fund amount. Total amount encumbered $84,645 I also move that this bid award RFB-01-015 be contingent on funding approval of the Urban Renewal Authority and if so approved, I further move that the amount of $66,479 be transferred from Urban Renewal Authority Acct. No 37-120-800-872 to Acct. No 01-603-800- 812, seconded by Mr Edwards, carried 8-0 Item 8. Motion that a discussion on the creation of the "Trees of Wheat Ridge" brochure be added to the Arborist Board Agenda for April, 2001 Motion by Mrs Shaver that a discussion on the creation of the "Trees of Wheat Ridge" brochure be added to the Arborist Board agenda for April, 2001, I further move that in addition the Arborist is requested to consider the development and posting of signs on trees and shrubs in various points in the Greenbelt and Parks and bring information back to Council for consideration, seconded by Mr Siler; carried 8-0 Item 8. A. Discussion of Wheat Ridge High School Post Prom Activities Motion by Mr Siler to waive the Recreation Center Fees and the cost of staff fees for the Wheat Ridge High School Post Prom Activities provided that there is parents/staff supervision from the Wheat Ridge High School Motion died for lack of second CITY COUNCIL MINUTES March 19, 2001 Page -8- Mrs Worth questioned Joyce Manwaring as to the cost of the Post Prom party Mrs Manwaring explained that $1,000 would be lost revenue, $500 would be the actual cost of staffing the pool and cleaning it afterward Carol Burks stated that they did not budget for the $1,000 rental fee for the Recreation Center, but they could come up with the $500 actual cost. She stated they would be appreciative for any help Council could give them Motion by Mr DiTullio that the fees for the Recreation Center for the Wheat Ridge High School Post Prom Party not be waived seconded by Mr Mancinelli carried 7-1 with Mr Siler voting no Item 9. CONSENT AGENDA. A. Motion to approve purchase of a total of ten new Honda Accord LX from John Elway Honda for fleet replacement. B Motion to approve purchase of seven new vehicles from various State Award Price Agreements for fleet replacement. C Motion to approve City Wide Aerial Mapping/GIS Update o Motion to excuse the Interim City Manager from attending the interviews for City Manager on March 24 and March 25 E Motion to appoint James Molnar of District IV to the Building Code Advisory Board vacancy left by Valerie Brown, with the term ending 3/2/2002 Consent Agenda was introduced and read by Mrs Worth Mr Siler asked to pull Item D Motion by Mrs Worth for approval of the Consent Agenda A. B C E as printed, seconded by Mr Edwards, carried 8-0 Mr Siler stated that he doesn't feel the City Council can override the Charter, which requires the City Manager or his designated representative to attend all meetings of Council Mr Hurst appointed executive secretary, Barbara Delgadillo as his representative CITY COUNCIL MINUTES March 19,2001 Page - 9 - CITY MANAGER'S MATTERS Jack Hurst stated that he will be out of town March 23 through March 30 Mr Goebel will be the interim City Manager ELECTED OFFICIALS MATTERS Mayor and Councilmembers gave reports on various meetings they had attended Motion by Ms Figlus that Council request a recommendation from the Planning Commission and the City Affairs Committee for clarification or amendment of the Wheat Ridge Code of Laws regarding accessory dwelling units, seconded by Mrs Worth carried 8-0 Mayor adjourned the meeting at 10 52 P m ,j , ~~-;tLll ~(Iv -L "lL<.-7-l Wanda Sang, City Clerk -> APPROVED BY CITY COUNCIL ON APRIL 9, 2001 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