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HomeMy WebLinkAbout04/09/2001 April 9. 2001 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 (arrived at 7 10 pm), 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, staff; and interested citizens APPROVAL OF MINUTES OF March 19,2001 and March 26, 2001 Motion by Mr DiTullio for the approval of the Minutes of March 19 and March 26, 2001, seconded by Mr Siler; carried 7-0 PROCLAMATIONS AND CEREMONIES Motion by Mrs Worth to add an item to the Agenda - Proclamation for Mary McDowell -, seconded by Mr Siler; carried 7-0 Mayor Cerveny presented Mary McDowell with a Proclamation for receiving the 2000-2001 Gaterade National High School Girl's Soccer Player of the Year Award CITIZENS' RIGHT TO SPEAK Annaleigh Swanson and Tyler Griswold from Wheat Ridge High School, invited Council to their 'Taste of Wheat Ridge" also known as "Barn B' Que", on May 12 at 2 00 P m There will be all kinds of activities, they asked that Council help get the word out. APPROVAL OF AGENDA Motion by Mr DiTullio to add an item 8 A. Employment Agreement between the City of Wheat Ridge and Scott Staples, seconded by Mr Edwards carried 8-0 Motion by Mr Siler to approve the Agenda as amended seconded by Mr Hanley; carried 8-0 CITY COUNCIL MINUTES APRIL 9, 2001 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. 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) CONTINUED FROM MARCH 19 Mayor stated that this was a continuation of the hearing of March 19, Clerk read the title Meredith Reckert stated that staff had obtained a copy of Mr Isquith deed and that his property did not comprise the 20% required for a legal protest; however, since that time 3 additional property owners have filed a legal protest. The following speakers were sworn in by the Mayor. Doris Meakins, 4340 Tabor Street, has signed her letter of protest half-heartedly because, although she and her neighbors would like to hang on to their rural atmosphere, she realizes that this may not be possible Mr Hari Sach has been a very good neighbor and has been in touch with the residents Paul Mac Gregor, has known Mr Sach for about 15 years, he has seen the transition along 44th Avenue since Harry has been there and Hari is a very consciences business man Merv Bauer, stated that Hari is a good friend and has really improved the area, let him continue Lee Gaines, supports the efforts of RV America, has been a customer there for some time and Mr Sach is a magnet to bring business to the community; he has taken trash property and turned it into property Wheat Ridge can be proud of Change the zoning as he requests George Isquith, is concerned about combining the three parcels and making it one zoning, that is 3 y" acres of land Think of how this is going to impact the people in the neighborhood CITY COUNCIL MINUTES APRIL 9, 2001 Page - 3 - Brett Skinner, worked for the contractor that did the work on Hari's building, Hari creates a lot of jobs for the community. don't stop him in half stream, Mr Skinner also works for Hari as a sales manager He is in support of the rezoning Dick Stiner, also spoke in favor of the rezoning Mr Sach's properties are very clean and there wouldn't be a disruption for the community for this business to go forward and flourish Larry Bauer questioned what would happen if Mr Sach sold the property and wouldn't the people have to come before Council? He is in favor of the rezoning and feels RV sales would be a lot more attractive than RV storage Kenneth Thornburg, is in favor of Mr Sach Diane Christensen speaking for her mother, Arlene Hobbs and her sister Jacque Biles, who own the property south of Hari, she questioned with the way of the economy why would you want to expand RV sales, this is a luxury item, keep the three parcels separate and don't impact the quality of life on this street; is against changing the zoning doesn't see how that would hurt Hari Clifton Rector, is appalled at the resistance he is hearing about what Mr Sach wants to do for the community of Wheat Ridge, he has known him and done business with him for 10 years and he does what he says he will do, he is not out to hurt anyone and whatever he does to that property is not going to harm anyone Dave Murphy, is getting sick and tired of RV's, you get to a point where we look like Commerce City; are we doing everything for commercial? Are we doing anything for families? Is Wheat Ridge getting to the point where all they want is commerce? Steve Armstrong, is in support of Hari and his endeavor; he is a man of his word Donald Hansen, manager west of the lot that is being discussed stated how much their lot had been improved, and all they want to do is make this better Dick Scheurer, appearing on behalf of the applicant stated that the applicant Hari Sach wanted to speak. Mr Sach asked for approval of his application He explained that he wants to be able to take customers to the back lot and show them motor homes These will be either new motor homes or homes for resale that are already parked there He is planning on improving the property as required by the Planning Department. They don't do any repairs on this property and are not noisy; do not have a paging system no bright lights disturbing the neighbors and close at 7 00 P m in the Summer CITY COUNCIL MINUTES APRIL 9, 2001 Page - 4 - Mr Scheurer submitted a petition from neighbors in support of the rezoning He answered some of the questions and concerns that had been brought up by some of the speakers This is not expanding the facility; it will refine and consolidate the zoning and improve the quality and landscaping and not affect the neighborhood He asked for approval Mr DiTullio pointed out that due to the legal protests, it will take six votes of Council to pass Motion by Mr Hanley to approve Council Bill 04-2001 Case No WZ-00-10, for the following reasons 1 It will eliminate two different zonings on three properties owned by a single entity 2 It will allow more control by the City of the potential negative effects of an open-ended commercial zone 3 It allows the City opportunity to improve buffering for adjacent property owners, seconded by Mr Siler; failed 7-1 with Mr Hanley voting yes Mrs Worth voted no because the neighbors have asked for neighborhood commercial in this area, we already have an influx of RV sales and storage in the neighborhood Some of the neighbors that have signed the applicant's petition, do not live directly in this neighborhood, not adjacent to the property, and wouldn't be affected that much Mrs Shaver voted no because RV storage is not the same as RV sales and she doesn't think combination of the lots is desirable We try to create buffer zones between commercial and residential areas She has no doubt that this is a good owner, but it is the future owners you have to worry about. Mr Edwards voted no because this plan does not meet the criteria set out in the Code of Laws The use for the RV storage was presented as an interim use in the original application and at a later hearing The Fruitdale Master Plan and the current Comprehensive Plan show the southern part of the property as intended to be residential, the citizens have a right to expect that any change to the zoning should be in conformance with the Comprehensive Plan There have been no recent commercial changes in the neighborhood Mr Sach knew what uses were allowed on this property when he bought it. CITY COUNCIL MINUTES APRIL 9, 2001 Page - 5 - Motion by Mr DiTullio to table indefinitely Council Bill 04-2001, Case No WZ-00-10, for the following reasons 1 The original zoning was granted upon representation by the owner that the RV storage would be for an interim use 2 The Fruitdale Master Plan, in effect at the time, as well as the current Comprehensive Plan shows the southern part of the property requested for rezoning as residential The citizens have a right to expect that any zoning changes should be in conformance with the Comprehensive Plan 3 There have been no recent commercial changes in the neighborhood which extend as far south as this application This particular application would go 200 feet further south than any other commercial uses and is incompatible with residential neighborhoods to the east, the south, and the Greenbelt on the west; seconded by Mr Edwards, carried 7-1 with Mr Hanley voting no Item 2. Public hearing regarding Street Width Designation for that segment of West 42nd Avenue between Youngfield Street and Xenon Street. Mrs Worth introduced Item 2 and read the title and summary The following speakers were sworn in by the Mayor. David Murphy stated that he had lived on that street his entire life and it had always been a dirt road The real problem on that street is speeders and lots of dust. He and his neighbors were under the impression that by having the street paved, it would eliminate the dust, and they could then petition to have some speed controls installed which would eliminate the speeders They were told by the safety people, that due to the few people on that street, it would be very unlikely that speed controls would be installed, they would have to go through major hurdles Since Mag Chloride has been put down on the street, the dust problem has gone away They were also told by the safety people that after the road would be paved, it would probably increase the speed at which people race through there They would really rather not have the road paved and just have some mag chloride put down once in a while and keep it a country road Diane Christensen sympathizes with these people Since her road got paved, people are going much faster This does not sound like a good idea and doesn't seem to be in anybody's best interest. CITY COUNCIL MINUTES APRIL 9, 2001 Page - 6 - Mr Goebel explained that the issue tonight was actually the street width designation, not the paving After further clarification by Mr Edwards pertaining to the street width designation, Mr Murphy stated that he had no problem whatsoever with the street width George Johnston owns the land across the street from the Murphy's, he asked that the street be paved, it will improve property values If the Murphy's are only worried about the speed, he would be willing to pay his 1/7 of having a speed bump built and also pay the Murphy's 1/7 Motion by Mr DiTullio that the 24-foot wide street width designation for West 42nd Avenue from Youngfield Street to Xenon Street be approved in accordance with Section 520 of the Wheat Ridge City Charter and Section 21-4 of the Wheat Ridge Code of Laws, seconded by Mr Hanley; tied 4-4 with Councilmembers Siler, Shaver Figlus, and Worth voting no Mayor broke the tie by voting yes Motion carried 5-4 DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. Resolution 07-2001 approving the Bylaws of the Wheat Ridge Housing Authority Mr Mancinelli introduced Item 3 and read the title and summary Motion by Mr Mancinelli to approve the By-Laws of the Wheat Ridge Housing Authority, and authorize Jerry DiTullio, as Chair of the Wheat Ridge Housing Authority, to execute the same, seconded by Mr DiTullio Motion by Mr Siler to amend to add a Section 5. under Article V, Parliamentary Rules The Authority shall follow Roberts Rules of Order, Newly Revised, 10lh Edition, seconded by Mr DiTullio, carried 8-0 Motion by Mr Siler to amend that under Section 5 Order of Business, after (3) Approval of Minutes be added "(4) Reports of Officers" and the remainder be renumbered, seconded by Mr Mancinelli, carried 8-0 Motion by Mr Siler to amend that under the same section the words 'Old business" be changed to "Unfinished business", seconded by Mrs Worth, carried 8-0 Motion by Mr Siler to amend that under the same section the words "Other" be stricken seconded by Mrs Worth, failed 2-6 with Councilmembers Worth and Siler voting yes CITY COUNCIL MINUTES APRIL 9, 2001 Page - 7 - Mrs. Shaver voted no because a body should have a place in their meetings for acknowledgments, setting meetings, announcements, and it doesn't hurt anything to have an item there that says "other", this is being nit-picky Mr Mancinelli voted no, because the Housing Authority does not have to follow exactly what Roberts Rules say; these are by-laws that we create Mr DiTullio agreed with Mrs Shaver and Mr Mancinelli and asked that Council vote this amendment down Vote on original motion as amended carried 8-0 Motion by Mr Mancinelli to approve Resolution 07-2001, seconded by Mr Hanley; carried 8-0 Item 4. Resolution 08-2001 approving an Intergovernmental Cooperation Agreement between the City of Wheat Ridge Housing Authority and the Jefferson County Housing Authority relating to the provision of affordable housing within the City of Wheat Ridge Resolution 08 was introduced by Mr Mancinelli, who also read the title Motion by Mr Mancinelli for approval of Resolution 08 and to authorize Jerry DiTullio, as chair of the Wheat Ridge Housing Authority the City Clerk, and the City Attorney, to execute the Agreement; seconded by Mr Hanley; carried 8-0 Item 5. Resolution 06-2001 approving an Intergovernmental Cooperation Agreement between the City of Wheat Ridge and the Wheat Ridge Housing Authority Resolution 06 was introduced by Mr Mancinelli Motion by Mr Mancinelli for approval of Resolution 06 and to authorize Jerry DiTullio, as chair of the Wheat Ridge Housing Authority, the City Clerk, and the City Attorney, to execute the Agreement; seconded by Mr Hanley; carried 8-0 Item 6. Resolution 04-2001 establishing the Economic Development Task Force Mr Siler introduced Resolution 04 and read the annual report of the Economic Development Committee He also referred to the 6 attachments included with Item 6 CITY COUNCIL MINUTES APRIL 9, 2001 Page - 8 - Motion by Mr Siler for approval of Resolution 04-2001, seconded by Ms Figlus Motion by Mrs Worth for an amendment under Section 2 g to add the words "with approval of the City Manager" This was accepted as a friendly amendment by the Motion-maker Motion by Mrs Worth for an amendment to add a Section 3 "At no time shall a member represent his or herself as representing the City of Wheat Ridge without specific authority to do so by a majority vote of Council", seconded by Mr Siler; carried 5-3 with Councilmembers DiTullio, Hanley, and Mancinelli voting no Original Motion as amended carried 7-1 with Mr DiTullio voting no Item 7. Approval of Undergrounding Qwest facilities on Harlan Street from 38th to 48th Avenues Item 7 was introduced by Mr Mancinelli, who also read the title and summary Motion by Mr Mancinelli that the proposal from Qwest regarding the undergrounding of their facilities on Harlan Street between 38th and 48th Avenues in the amount of $136,978 be accepted I further move that all costs be charged to Acct. No 65-303-800-840 Undergrounding Fund, Payments to Qwest; seconded by Mr Siler; carried 8-0 Item 8. Motion to bestow the "Pride of Wheat Ridge Award" to Brianna Loecher at the Council Meeting of April 23, 2001 Motion by Mr Siler to approve awarding the "Pride of Wheat Ridge Award" to Brianna Loecher at the next City Council Meeting of April 23 2001, seconded by Mr DiTullio, carried 8-0 Item 8. A. Approval of Employment Agreement between the City of Wheat Ridge and Mr Scott Staples for City Manager Motion by Mr Edwards for acceptance of the Employment Agreement between the City of Wheat Ridge and Scott D Staples for the services of City Manager; seconded by Mr DiTullio carried 8-0 CITY COUNCIL MINUTES APRIL 9, 2001 Page - 9 - Item 9. CONSENT AGENDA. A. Approval of Expenditure Items B Acceptance of Warranty Deed for Right of Way on Newcomb Street south of 44th Avenue C Resolution 05-2001 - authorizing the delegation to the City and County of Denver, Colorado, of the Authority of the City of Wheat Ridge, Colorado, with respect to the issuance of Single Family Home Mortgage Revenue Bonds to finance Residential Housing Facilities for Low- and Middle-Income Persons and Families with the City and certain other Cities and Counties in the State of Colorado, approving such Bonds and such Single Family Mortgage Loan Program, and authorizing the Execution and Delivery of a Delegation and Participation Agreement and other Documents in connection therewith D Award Bid RFB-01-004 Printing Leisure Guides to Centennial Printing Company, Louisville Colorado in the total amount of $29,369 E Contract Award to Churchich Recreation LLC for the Water Slide Renovation Project in the amount of their quote of $29,713 plus a contingency amount of $2,971 30 F Award Bid RFP-01-006 Citywide Custodial Services, to Rockie Mountain Maintenance, Littleton, and AFL Maintenance Group, Lakewood for a total combined amount of $116,508 G Discussion and motion regarding purchase of water rights, 1 Y:," on the Lee and Baugh Ditch Consent Agenda was introduced and read by Mrs Worth Motion by Mrs Worth for approval of the Consent Agenda as printed seconded by Mrs Shaver; carried 8-0 CITY COUNCIL MINUTES APRIL 9, 2001 Page - 10 - CITY ATTORNEY'S MATTERS Mr Dahl informed Council that the City Prosecutor, Tammy Greene, will be the leaving the City's employment in May Motion by Mr Siler that the City of Wheat Ridge recognize the contribution to the City by Tammy Greene for the last 7 years and have the Mayor present some type of award ceremony; seconded by Mrs Worth carried 8-0 ELECTED OFFICIALS MATTERS Mrs Shaver alerted everybody about outgoing mail being stolen out of the mailboxes in the area of 38th & Dudley She stated that the Post Office has installed a mail box outside the Safeway Store at 38th & Wadsworth Motion by Mrs Worth to give Mary McDowell a i-year pass to the Rec Center; seconded by Mr Siler Motion by Mr Edwards to send this to the City Affairs Committee to discuss some type of policy and guidelines to do this type of thing, seconded by Mr DiTullio, carried 7-1 with Mr Siler voting no Mrs Worth asked for a ruling from the City Attorney if they can tear down a pigeon coop on the Baugh property that is not part of the historic building The answer was yes this is an operational decision the City staff can undertake and do Motion by Mr Siler that all the Board and Commission bylaws be provided to Council and that Mr Siler and Mrs Worth check them to see if they follow parliamentary procedure and work with the different commissions if they are interested, seconded by Ms Figlus Motion by Mr DiTullio to make a substitute motion that Board and Commissions review their regulations as needed and contact Councilmembers Siler and Worth as needed, seconded by Mr Edwards, tied 4-4 with Councilmembers Edwards, DiTullio Hanley, and Mancinelli voting yes Mayor broke the tie by voting yes Motion carried 5-4 Original Motion failed 6-2 with Mr Edwards and Mr DiTullio voting yes CITY COUNCIL MINUTES APRIL 9, 2001 Page - 11 - Meeting adjourned at 10 36 P m ~= ;;-! ._ _-""fit. .[..1-0./ )'"1'-.,- Wanda Sang, City C'Jerk APPROVED BY CITY COUNCIL ON APRIL 23, 2001 BY A VOTE OF ~ TO ~ I -- A -- .;' --- /; "I I! . ! ',.I. t, Di 110, 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