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HomeMy WebLinkAbout11/26/2001 November 26, 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 Dean Gokey Ralph Mancinelli David Schneider Odarka Figlus, Lena Rotola and Harry Hanley Also present: City Clerk, Wanda Sang, City Manager Scott Staples, City Attorney, Gerald Dahl Director of Planning Alan White, staff; and interested citizens APPROVAL OF MINUTES OF November 13,2001 Motion by Mr DiTullio for the approval of the Minutes of November 13 2001 with the correction to add the word "police" to communication tower on Page 4, seconded by Mr Mancinelli, carried 8-0 CITIZENS' RIGHT TO SPEAK John Lobus, spoke on behalf of the Wheat Ridge Optimist Club asked for help on behalf of needy children during this Christmas Season Mr Mancinelli asked for consensus to add the Wheat Ridge Optimist Club to the list of contributions vote was 8 in favor PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 21-2001 - An Ordinance amending the Wheat Ridge Code of Laws to provide for enforcement of violations of Chapter 26 (Case No ZOA-01-03) Council Bill 21-2001 was introduced on second reading by Mr DiTullio, who also read the title and summary Clerk assigned Ordinance No 1232 Mr White presented the staff report. Motion by Mr DiTullio to approve Council Bill 21-2001 (Ordinance 1232) Case No ZOA-01- 03, on second reading, seconded by Mr Gokey' carried 8-0 CITY COUNCIL MINUTES November 26, 2001 Page - 2 - Item 2. Council Sill 23-2001 - An Ordinance amending Chapter 26 of the Code of Laws of the City of Wheat Ridge Colorado by the addition of Section 26-221 5 establishing a New Zone District, the Conservation Zone District, and in connection therewith amending Section 26-201 to add said District to the list of Zone Districts (Case No ZOA-01-01) Council Bill 23-2001 was introduced on second reading by Mr Hanley, who also read the title and summary Clerk assigned Ordinance 1233 Mr White presented the staff report. Ron Selstad, real estate broker 2009 Wadsworth Blvd spoke in favor of the Ordinance He stated that this Ordinance allows private landowners to contribute to the natural resources of the City at no expense to the City A lot of people want to buy homes next to natural areas Motion by Mr Hanley to approve Council Bill 23-2001 (Ordinance 1233), Case No ZOA-01-01, on second reading, seconded by Mr Edwards Mr Gokey will vote against this Ordinance after extensive research on the Internet and finding many habitats, none of them were privately owned If the word "private" would be struck out of this he would support it. Mr Mancinelli will vote against this Ordinance, there is a limited amount of property that this will encompass, seems like we are passing a bill for special interest, he finds that very troublesome Mr Schneider will vote against this Ordinance because as written, there isn't adequate protection for the neighboring properties Motion by Mr Schneider for an amendment that Section 15-23 will be applicable seconded by Mr Mancinelli, tied 4-4 with Councilmembers Gokey, Mancinelli Rotola, and Schneider voting yes Mayor broke the tie by voting no Motion failed 5-4 Vote on original motion tied 4-4 with Councilmembers Edwards, DiTullio Hanley, and Figlus voting yes Mayor broke the tie by voting yes Motion carried 5-4 CITY COUNCIL MINUTES November 26, 2001 Page - 3 - Item 3. Council Bill 26-2001 - An Ordinance providing for the approval of a rezoning from Restricted Commercial and Commercial-One to a Planned Commercial Development and approval of a preliminary Development Plan and Plat for property located at 12700 West 32nd Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-01-05) (Semper Development for Walgreens) Council Bill 26-2001 was introduced on second reading by Mr Schneider, who also read the title and summary Clerk assigned Ordinance No 1234 Brenda Godfrey, representing the applicant, was sworn in by the Mayor She explained that this rezoning and development will take care of blighted property They have discussed this with the neighbors and they are in full support. There were some concerns about deliveries and trash pickup, but these have been addressed Walgreens will leave their current location in the Applewood Shopping Center and build at new building at this location Alan White was sworn in by the Mayor and presented the staff report. The total acreage involved is approximately 2 4 acres Planning Commission recommended approval with some conditions Motion by Mr Schneider to approve Council Sill 26 (Ordinance No 1234) a request for approval of rezoning from Restricted Commercial and Commercial One to Planned Commercial Development, and approval of a Preliminary Development Plan for property located at 12700 West 32nd Avenue for the following reasons 1 The use is consistent with the neighborhood serving retail designation in the Comprehensive Plan 2 There will be an increase in economic benefit to the City 3 There will be an increase of service and convenience to the surrounding neighborhood 4 The redevelopment will improve blighted conditions With the following conditions 1 Restriction of hours for trash pick-up and deliveries from 7 00 a m to 7 00 P m 2 Building height will be restricted to 32 feet. 3 Change the word "towers" to "tower" on page one seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES November 26, 2001 Page - 4 - Motion by Mr Schneider to approve Case No WZ-01-05, a request for approval of a Subdivision Plat for property located at 12700 West 32nd Avenue for the following reasons 1 It meets all requirements of the subdivision regulations With the following condition 1 That, at the time of any change in use or redevelopment of Lot 2 the land be dedicated for road purposes, seconded by Mr DiTullio carried 8-0 Item 4. Application for a Special Use Permit to install a drive-up coffee kiosk on property located at 7340 West 44th Avenue (Case No SUP-01-03) (Mile High Java) Item 4 was introduced by Mr Mancinelli, who also read the title and summary Willis Wodnik, representing the applicant, was sworn in by the Mayor He stated that their building is brought in by a flatbed truck and is completely self-contained so there will be no overhead lines Meredith Reckert was sworn in by the Mayor and presented the staff report. She passed out pictures of the proposed kiosk. Staff supports this application Motion by Mr Mancinelli to approve Case No SUP-01-03 a request for a special use permit for a drive-up facility for property located at 7340 West 44th Avenue for the following reasons 1 There will be no detrimental effect on the surrounding neighborhood 2. The use will not contribute to blight in the neighborhood 3 The use will not adversely affect the supply of light or air to adjacent property, nor cause significant air, water or noise pollution 4 The use is consistent with the Comprehensive Plan 5 The use will not result in traffic congestion or unsafe parking or loading There will be minimal traffic conflicts 6 The use will not overburden utilities 7 The number of parking spaces which could be impacted by this use does not decrease the required parking below the City's standard 8 The use could fill a need for this kind of service for customers of the antique store and travelers along 44th Avenue CITY COUNCIL MINUTES November 26, 2001 Page - 5 - With the following conditions 1 The special use be a personal grant of use to Mile High Java 2 Directional pavement arrows and land lines be affixed to the pavement to guide vehicles 3 Hours of operation be limited to Monday through Friday 6 00 a m to 9 00 pm, Saturday from 7 00 a m to 9 00 pm, and Sundays from 7 00 a m to 7 00 P m 4 Signage on the building facades shall remain unlighted when the kiosk is closed 5 Directional arrows or pavement markings will be affixed to the two closest access points one from Upham and one from 44th Avenue seconded by Mr Hanley Mr Edwards cannot support this application, although he has no problems with the applicant. This land has just been brought back within the Urban Renewal Area with the goal to redevelop that entire site Urban Renewal Authority is working in this direction after we pass the amended Urban Renewal Plan It would not be prudent to add an additional use at this time, namely this special use, that then makes it more difficult for the Urban Renewal Authority to deal with leases on this site for an overall redevelopment. Motion by Mr Edwards to deny this application based upon other factors relevant to the application stated in Section 26-114 D 11 Of the Code of Laws seconded by Ms Figlus Motion by Mr Gokey to continue this Item to December 10 2001, seconded by Mr Edwards, carried 8-0 ORDINANCES ON FIRST READING Item 5. Council Bill 27-2001 - An Ordinance directing disposal by demolition of a City- owned building located at 9130 West 44th Avenue Wheat Ridge, Colorado Council Bill 27-01 was introduced on first reading by Mr DiTullio Mr DiTullio passed this Ordinance on to Lena Rotola since this is in her district. Motion by Mrs Rotola that Council Bill 27-2001 be approved on first reading, ordered published, and set for consideration and public hearing on second reading on December 10, 2001 at 700 P m in City Council Chambers, Municipal Building, and take effect immediately upon passage, seconded by Mr Gokey; carried 8-0 CITY COUNCIL MINUTES November 26, 2001 Page - 6 - Item 6. Council Bill 28-2001 - An Ordinance providing for the approval of rezoning from Residential-Two to Planned Commercial Development and approval of an Outline Development Plan and Final Development Plan and Plat for property located at 4240 Kipling Street, City of Wheat Ridge County of Jefferson, State of Colorado (Case No WZ-00-08) (Janet Daughenbaugh) Council Bill 28-2001 was introduced on first reading by Mr Hanley, who also read the title, summary and background Motion by Mr Hanley that Council Bill 28-2001 be approved on first reading, ordered published, public hearing be set for Monday, January 14, 2002 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 Edwards, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 7. Council Committee Appointments Motion by Mr Mancinelli to appoint Vance Edwards, David Schneider, Ralph Mancinelli and Harry Hanley to the Public Works Advisory Committee I further move to appoint Jerry DiTullio, Odarka Figlus Dean Gokey, and Lena Rotola to the City Affairs Committee, seconded by Ms Figlus, carried 7-1 with Mr DiTullio voting no Item 8. Mayor's appointments to Wheat Ridge Urban Renewal Authority Motion by Mr Edwards to ratify the Mayor's appointments to the Urban Renewal Authority of Janet M. Leo for a term ending November 2006 John Hall for a term ending November 2002, seconded by Mr Hanley; carried 8-0 Item 9. Appointments of Councilmembers or citizens to metropolitan, county, or state agencies and/or committees Motion by Mr Mancinelli to appoint Gretchen Cerveny to serve as the City's Representative on the Board of the Denver Regional Council of Governments I further move to appoint Odarka Figlus as alternate seconded by Mr Hanley' carried 8-0 Motion by Mr Mancinelli to appoint Lena Rotola to serve as the City's Representative on the Jefferson County Housing Authority; seconded by Mr Hanley' carried 8-0 CITY COUNCIL MINUTES November 26, 2001 Page - 7 - Motion by Mr Edwards to appoint Janelle Shaver to serve as the City s representative to Jefferson County Community Corrections Board, seconded by Mr Hanley Motion by Mr Schneider to continue this to the next City Council meeting seconded by Mr DiTullio carried 5-3 with Councilmembers Hanley, Figlus, and Edwards voting no Motion by Mr Mancinelli to appoint Lena Rotola as the City's representative to the Jefferson County Community Development Block Grant Committee seconded by Ms Figlus carried 8-0 Motion by Mr Edwards to appoint Jerry DiTullio to the Wheat Ridge Police Seizure Fund, seconded by Mr Schneider; carried 8-0 Motion by Mr Gokey to appoint Jerry DiTullio to serve as the City's representative to the CML Policy Committee seconded by Mr Schneider' carried 8-0 Motion by Mr DiTullio to appoint Vance Edwards as the City's representative to the NorthWest Quadrant Management Committee, I further move to appoint Gretchen Cerveny as alternate, seconded by Mr Mancinelli, carried 8-0 Motion by Mr Mancinelli to appoint Gretchen Cerveny as the City's representative to the Jefferson Economic Council Board, seconded by Mr DiTullio carried 8-0 Motion by Mr DiTullio to appoint Vance Edwards to the Jefferson Countywide Transportation Committee, seconded by Mr Schneider; carried 8-0 Item 10. Designation of Chair for Economic Development Task Force Motion by Mr Hanley to nominate Odarka Figlus as chair of the Economic Development Task Force Motion by Mr DiTullio to nominate Dean Gokey as chair of the Economic Development Task Force Motion by Mr Edwards to appoint Odarka Figlus and Dean Gokey as co-chairs of the Economic Development Task Force seconded by Mrs Rotola CITY COUNCIL MINUTES November 26, 2001 Page - 8 - Mr DiTullio stated that the Rules read that 1 chair be appointed, he further objected that the Mayor did not do this as a nomination process like she did the other appointments Mayor stands by her decision Motion by Mr DiTullio to overrule the chair' seconded by Mr Schneider' failed 3-5 with Councilmembers DiTullio Schneider and Gokey voting yes Mr Gokey withdrew his nomination to be co-chair Motion to appoint Odarka Figlus carried 5-3 with Councilmembers Schneider, Gokey, and DiTullio voting no Item 11. CONSENT AGENDA. A. Resolution 30-2001 - authorizing an amendment to the 2001 Capital Projects Budget. B Motion to appoint Charles Rose as special temporary presiding judge of the Wheat Ridge Municipal Court and to increase Judge Rose s base salary to that of the presiding judge, effective November 15, 2001, and continuing until the date a new permanent presiding judge is appointed C Contract Award to low bidder for Project No S-PM-06-01 Concrete Intersections Maintenance D Motion to approve Annual 2001 License and Maintenance Fees for Datarak RMS to Logistic Systems, Inc , Missoula MT for the total amount of $25,709 Funds shall be allocated from Acct. No 59-117-700-755 E Motion to award RFP-01-055 Video Technician Services to First Light Video Productions, for the not to exceed amount of $10 000 annually F Motion to approve Amendment #1 to RFP-01-009 Administration Space Design to C41 design Group in the total amount of $7 500 G Motion to approve RFB-01-062 Kitchen Equipment for the Senior Center Expansion Project to Superior Commercial and Kamran & Company for the total combined amount of $21 429 CITY COUNCIL MINUTES November 26,2001 Page - 9 - H Motion to award RFB-01-57 Document Imaging System to Micrographic Supply Inc. in the total amount of $13 875 I Motion to approve sole source purchase of Evidence Software and Hardware to Porter Lee Corporation in the total amount of $23014 J Motion to cancel the December 24, 2001 Regular City Council Meeting K. Motion to hold a Study Session on December 10, 2001 at 5 30 P m prior to the Regular Meeting to discuss the Manwaring Field Consent Agenda was introduced and read by Mr Edwards Motion by Mr Edwards for the approval of the Consent Agenda, seconded by Mr Hanley; carried 8-0 CITY ATTORNEY'S MATTERS Jerry Dahl reported on the City Manager Search Process Motion by Mr DiTullio that the City Attorney work with the Council President to work out a schedule for the interview with the City Manager nominee, seconded by Mr Edwards, carried 8-0 ELECTED OFFICIALS MATTERS Motion by Mr Mancinelli to direct the City Manager to set up a Council retreat, possibly the second week in January and to hire a facilitator for that retreat; seconded by Ms Figlus carried 7-1 with Mr DiTullio voting no Motion by Mr Mancinelli to direct the City Manager to prepare his Manager's Memorandum twice a month and the Council Status Report once a week; seconded by Ms Figlus, carried 7-1 with Mr Hanley voting no Ms Figlus reported that approximately 80 people had attended the Business Forum that was put on by the Economic Development Task Force CITY COUNCIL MINUTES November 26, 2001 Page - 10 - Motion by Mr Schneider to direct the City Manager to prepare backup materials and bids for repairs to Manwaring Park Baseball Field to correct any and all defects for that field seconded by Mr DiTullio carried 8-0 Motion by Mr DiTullio to direct the City Manager and City Attorney to prepare an ordinance with backup material amending Chapter 26 of the Code of Laws to add a new zone district, Planned Mixed Use District (PMUD) in the form recently prepared by the Planning Department for first reading at the December 10 2001 regular Council Meeting seconded by Mr Edwards carried 8-0 Meeting adjourned at 10 30 P m 1 jh.~""a Wanda Sang, City erk APPROVED BY CITY COUNCIL ON DECEMBER 10, 2001 BY A VOTE OF ~ TO ~ .~ - !\cc(,_,,{, ,)lv-'\c.~~'-ft l , Ralph Mancinelli, Council President 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