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HomeMy WebLinkAbout01/14/2002 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Wheat Ridge January 14. 2002 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, Acting City Manager Bob Goebel City Attorney, Gerald Dahl, Director of Planning, Alan White, Director of Parks and Recreation, Joyce Manwaring, Director of Administrative Services Randy Young Director of Economic Development, Marilyn Force, staff; and interested citizens APPROVAL OF MINUTES OF December 10,2001 December 17, 2001 January 5, 2002 January 5, 2002 Motion by Mr Mancinelli for the approval of the Minutes of December 10, 2001, December 17, 2001, January 5, 2002, and January 5, 2002, seconded by Mr Hanley; carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read a Proclamation for Recognition for Voluntary Efforts for Sierra Club/AT&T Pioneers and presented a plaque to Betty Jo Paige Mayor Cerveny read and presented a Proclamation - Jefferson County Public Library's 50th Anniversary, to Terry Daly Mayor Cerveny presented a plaque to Betty Day for "Pride of Wheat Ridge Award" CITIZENS' RIGHT TO SPEAK Don Eafanti reminded everybody of "Kite Day" the fourth Sunday in April. He asked that the City get involved and help out financially CITY COUNCIL MINUTES January 14, 2002 Page - 2 - APPROVAL OF AGENDA Motion by Ms Figlus to add an item to the Agenda as Item 1 Resolution 02-2002 - recognizing the outstanding achievement of the Destination Imagination Teams from Prospect Valley Elementary School, seconded by Mr DiTullio carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Resolution 02-2002 - recognizing the outstanding achievement of the Destination Imagination Teams from Prospect Valley Elementary School Resolution 02-2002 was introduced and read in its entirety by Ms Figlus Motion by Ms Figlus for the approval of Resolution 02-2002 seconded by Mr DiTullio, carried 8-0 Item 2. Public Hearing on 2002 Budget. Mayor opened the Public Hearing there was no one present to speak. Mr Schneider introduced Resolution 01-2002 - adopting the 2002 Budget. Motion by Mr Schneider for the adoption of Resolution 01-2002 with the following changes Any dollars allocated to the City Hall Remodel or HVAC repair be transferred to the Capital Fund Unallocated and be deleted seconded by Mr Edwards, carried 8-0 Item 3. 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 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 second reading by Mr Hanley, who also read the title, Clerk assigned Ordinance No 1238 Janet Daughenbaugh, applicant, was sworn in by the Mayor Meredith Reckert, Senior Planner for the City of Wheat Ridge, was sworn in by the Mayor and presented the staff report. CITY COUNCIL MINUTES January 14, 2002 Page - 3 - Motion by Mr Hanley to approve Council Bill 28-2001 (Ordinance 1238) a request to rezone property located at 4240 Kipling Street from Residential-Two to Planned commercial Development and for approval of an outline development plan for the following reasons 1 This is the only residential property on the east side of Kipling between Clear Creek and West 44th Avenue 2 Increased traffic intensification of surrounding land uses have rendered the property undesirable for low density use With the following conditions 1 A note should be added in regard to maximum building height (24') 2 All citations should be corrected to reflect the new code's numbering system relative to development standards for signage, landscaping and lighting 3 Note #9 will be changed that the trash receptacles will be the common responsibility of the development; seconded by Mr Mancinelli, carried 8-0 Motion by Mr Hanley to approve a planned commercial development final development plan for property located at 4240 Kipling Street for the following reasons 1 It is consistent with the approved outline development plan 2 All requirements for a final development plan under the previous zoning code have been met. With the following conditions 1 A note should be added that mechanical equipment shall be screened from view from all sides 2 All citations should be corrected to reflect the new code's numbering system relative to development standards for signage, landscaping and lighting 3 A note should be added that building height is restricted to 24 feet. 4 The landscape plan be modified to eliminate sight distance obstructions on Kipling seconded by Mr Mancinelli carried 8-0 Motion by Mr Hanley to approve a subdivision plat for property located at 4240 Kipling Street for the following reasons 1 It will consolidate the two parcels into one developable property 2 All requirements of the subdivision regulations have been met; seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES January 14, 2002 Page - 4 - Item 4. Council Bill 29-2001 - An Ordinance amending Chapter 26 of the Code of Laws of the City of Wheat Ridge, Colorado, by the addition of Section 26- 306 5 establishing a new Planned Development Zone District, Planned Mixed Use Development. (Case No ZOA-01-07) Council Bill 29-2001 was introduced on second reading by Mr DiTullio who read the title, summary and background Clerk assigned Ordinance No 1239 Motion by Mr DiTullio to adopt Council Bill 29-2001 (Ordinance 1239) with the staff recommended changes on second reading and to take effect immediately upon adoption with the following amendments 1 35 feet for free standing mixed commercial residential buildings 2 35 feet for free standing residential only buildings 3 50 feet for free standing commercial only buildings 4 Maximum of 16 residential units per acre 5 Replace the words "the city" with the person or body designated to approve the parking requirements, seconded by Mr Edwards carried 8-0 ORDINANCES ON FIRST READING Item 5. Council Bill 01-2002 - An Ordinance amending Section 22-77 of the Wheat Ridge Code of Laws, concerning the Enhanced Sales Tax Incentive (ESTIP) Program Council Bill 01-2002 was introduced on first reading by Mr Edwards, title read by the Clerk. Motion by Mr Edwards that Council Bill be approved on first reading, ordered published, public hearing be set for Monday January 28 2002 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect immediately upon adoption, seconded by Mr DiTullio, carried 8-0 Item 6. Council Bill 02-2002 - An Ordinance repealing a Zoning Condition imposed by Ordinance No 443 Council Bill 02-2002 was introduced on first reading by Mr Hanley, who also read the title summary and background CITY COUNCIL MINUTES January 14, 2002 Page - 5 - Motion by Mr Hanley that Council Bill 02-2002 be approved on first reading ordered published, public hearing be set for Monday, February 11, 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 DiTullio carried 8-0 Item 7. Council Bill 03-2002 - An Ordinance providing for the approval of rezoning from Residential-Three to Residential-Two for vacant property located South of 11680 and 11690 West 46th Avenue, City of Wheat Ridge, County of Jefferson State of Colorado (Case No WZ-01-04) (Jim and Dan Turgeon) Council Bill 03-2002 was introduced on first reading by Mr Hanley who also read the title summary and background Motion by Mr Hanley that Council Bill 03-2002 be approved on first reading, ordered published, public hearing be set for Monday, February 11, 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 Mrs Rotola, carried 8-0 Item 8. Council Bill 04-2002 - An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to implement adopted Urban Renewal Plans Council Bill 04-2002 was introduced on first reading by Mr Edwards title read by the Clerk. Motion by Mr Edwards that Council Bill 04-2002 be approved on first reading, ordered published public hearing be set for Monday, February 11, 2002 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect upon passage, seconded by Mr Schneider. carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 9. Motion to approve the amendment of the Council Rules of order and Procedure Motion by Mr Mancinelli to approve the amendment of the Council Rules of Order and Procedure by deleting Rules B-1 and C-1 under the heading "Chairman Mayor pro tem Council President and Their Duties and adding new Rule F imposing term limitations on the offices of Council President and Mayor pro tem The Council President and Mayor pro tem will be elected by motion only", seconded by Mr Edwards carried 8-0 CITY COUNCIL MINUTES January 14, 2002 Page - 6 - Item 10. Appointment of Judges Motion by Mr Mancinelli that Chris Randall be appointed Presiding Judge of the Wheat Ridge Municipal Court for a term ending December 31,2003 seconded by Mr Edwards, carried 8-0 Motion by Mr Mancinelli that Chuck Rose be appointed an Associate Judge of the Wheat Ridge Municipal Court for a term ending December 31 2003 seconded by Mr DiTullio Motion by Mr Edwards to amend the motion to add Terry Tomsick as an Associate Judge, so we have 2 Associate Judges, seconded by Mr DiTullio, carried 5-3 with Councilmembers Hanley, Mancinelli and Figlus voting no Original Motion as amended carried 8-0 Motion by Mr Mancinelli that the city Attorney be directed to prepare, and the Mayor and City Clerk to sign, contracts for independent contract services with the newly appointed Presiding Judge and the Associate Judges, seconded by Mr Edwards, carried 8-0 Item 11. Request to purchase City Property located at 38th & Sheridan Item 11 was introduced by Mr Mancinelli, summary and background read by the Clerk. Motion by Mr Mancinelli to direct staff to analyze the issues involved with the request by Robert Perry and Associates to purchase the ground lease property located at 38th and Sheridan and report back to the City Council for their Study Session meeting of February 19 2002, seconded by Mr Edwards Mr Edwards asked for a friendly amendment that staff specifically evaluate only as leased as an option only potentially granting the selling of the property that is only the amount necessary for the improvement that is suggested to this site and that the component property that is owned currently by the City on which the Streetscape Improvements are to be made would be kept by the City Mr Edwards does not think it would be prudent to spend a considerable amount of money on property for streetscape improvements, then give it up then have to go through the process again of negotiating or through the process of selling the property or have to negotiate an easement for the property It makes absolutely no sense CITY COUNCIL MINUTES January 14, 2002 Page - 7 - Mr Edwards clarified his amendment that staff only evaluate the amount of property necessary for the proposed improvement and that the streetscape component be retained by the City Mr Mancinelli accepted this friendly amendment. Motion carried 8-0 Item 12. Presentation from Lost and Found, Inc. Mayor Cerveny explained that the presenters for this item had been told to come later in the evening due to the length of the Agenda and they had not yet arrived She asked that this item be heard later Motion by Mr DiTullio to refer this Item to a Study Session at the discretion of the Council President; seconded by Mr Gokey. failed 3-5 with Councilmembers Gokey, Schneider and DiTullio voting yes Item 13. Participation in SAFE Jeffco continuum of Care Analysis Item 13 was introduced by Mr DiTullio, summary and background read by the Clerk. Motion by Mr DiTullio to approve the participation in the Intergovernmental Agreement (IGA) with Jefferson County and selected municipalities for the development of a "continuum of care for juvenile sex offenders" Wheat Ridge participation is contingent upon the full participation by all of the invited municipalities as well as Jefferson County in a city share cost not to exceed $7,500 Allocation of necessary funds to participate will occur at the time the IGA is finally approved by the City Council, seconded by Mr Edwards, carried 8-0 Item 14. CONSENT AGENDA. A. Motion that binder checks be processed to MetLife Dental in the amount of $10 750 and to Jefferson Pilot Financial in the amount of $8,900 B Award Bid RFB-01-063 Privacy Fence Installation to AJI Fence Ltd for the total amount of $7 180 00 C Motion to approve expenditures over $5,000 D Motion to purchase Police Department Vehicles CITY COUNCIL MINUTES January 14, 2002 Page - 8 - E Award Bid DQ-O 1-065 Deconstruction of 151 Floor System for the Baugh House to Executive Construction Inc in the amount of $5600 Consent Agenda was introduced and read by Mr DiTullio Motion by Mr DiTullio for the approval of the Consent Agenda, seconded by Mr Edwards, carried 8-0 CITY MANAGER'S MATTERS Bob Goebel asked that he be permitted at a future date to give a presentation to Council regarding the HVAC system in City Hall He also asked that monies be placed into that account for future repairs and replacement parts He distributed a memo from Ann Pitinga regarding 2002 Wheat Ridge CDBG allocations He asked that this be placed on the next Study Session and the next Council Agenda Motion by Mr Mancinelli that we set up a Task Force with Lena Rotola (chair), Vance Edwards, and Ralph Mancinelli and Dean Gokey to discuss the CDBG funds and bring back recommendations to the Study Session, seconded by Mr DiTullio, carried 8-0 CITY ATTORNEY'S MATTERS Motion by Mr DiTullio to direct the City Attorney to draft, and the Mayor and City Clerk to execute, a confidential voluntary resignation agreement between Scott Staples and the City, providing for a resignation date of January 18 2002, the payment of present salary as a lump sum through March 31 2002, and continuation of health insurance benefits through March 31,2002, seconded by Mrs Rotola carried 8-0 Motion by Mr DiTullio to direct the City Attorney to draft, and the Mayor and City Clerk to execute an agreement with Randy Young to serve as interim City Manager in addition to his present duties as Administrative Services Director effective January 2~, 2002, for compensation of $1 ,200 per month in addition to his present salary as Administrative Services Director, and continuing until the earlier of" 1 Mr Young's notice to the City of his resignation as interim City Manager, or 2 The City Council's notice to Mr Young of termination of the agreement, or 3 The first day of employment of a new permanent City Manager. seconded by Mr Schneider. carried 8-0 CITY COUNCIL MINUTES January 14,2002 Page - 9 - ELECTED OFFICIALS MATTERS Motion by Mr Edwards that a letter be written and signed by the Mayor opposing HB 02-1058 I further move that a copy of this letter be sent to every legislator, specifically to those reviewing this bill through the committee process, seconded by Mr DiTullio carried 8-0 Mr Edwards asked for consensus that for the second reading of C B 02-2002 the legislative history of this be included, consensus was 8 in favor Mr Edwards announced that our streetscape and architectural design manual was awarded by the American Association of Landscape Architects, Colorado Chapter, a design award for urban design and planning This will be awarded February 1 2002 Motion by Mr Mancinelli to have the City Attorney draft a set of standards and job descriptions for the Municipal Judges, City Attorney, and City Manager and from there, I further move to have him set up Job Performance Reviews based on those standards and job descriptions, seconded by Mr DiTullio, carried 8-0 Ms Figlus reported that the Economic Development Task Force is planning another Business Forum for February 27 at 7 15 a m at the Recreation Center The next meeting of the Economic Development Task Force will be on February 14, at 7 00 a m at Vicences (old Wheat Ridge Dairy) Motion by Mr Schneider that the City Manager provide the report on Boards and Commissions and his recommendation by the end of this week; seconded by Mr Gokey; carried 8-0 Item 12. Presentation from Lost and Found Inc Mae Keller, representing the Wheat Ridge Carnation Festival and Barry Brown, representing Lost and Found, Inc explained that they would like to break the Guinness World Record for the Largest Bouquet at the Carnation Festival Parade on August 16 This will be a fund raiser for Lost and Found They are not seeking funding from the City but would like an endorsement from the City Motion by Mr DiTullio that a Resolution be prepared for the January 28 meeting endorsing the effort for the Largest Bouquet; seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES January 14, 2002 Page - 10 - Meeting adjourned at 9 05 P m ~//I ,.... Iv &Lor,- ...,.. __.', <- Wanda Sang, City CIe1k APPROVED BY CITY COUNCIL ON JANUARY 28, 2002 BY A VOTE OF ~ TO ~ l )} I III . ~ \ (J"t-.L {,\- I I <...t'L ,r _'.'''\' .. ~/ I Ralph Itancinelli Council PreSident The preceding Minutes were prepared according to S47 of Robert's Rules of Order Ie 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 Januarv 14. 2002 CITY COUNCIL SPECIAL MEETING MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The Special Meeting was called to order by Mayor Cerveny at 6 00 P m Councilmembers present: Vance Edwards, Ralph Mancinelli, Lena Rotola, David Schneider, Dean Gokey and Jerry DiTullio Councilmembers absent Odarka Figlus and Harry Hanley Also present: City Clerk, Wanda Sang and City Attorney Gerald Dahl Motion by Mr DiTullio to go into Executive Session under 5 7 (B) (1) of the Charter which is Personnel Issues, seconded by Mrs Rotola, carried 5 in favor Executive Session was held (Odarka Figlus and Harry Hanley were present) Special Meeting reconvened at 6 52 P m Meeting adjourned at 6 54 P m I I ')/:1.)/ L l0-) { ]1 (. Wanda Sang, City Clerk'> APPROVED BY THE CITY COUNCIL ON JANUARY 28, 2002 BY A VOTE OF 7 TO 0 ,-'7 ./ I J - , \(j.~r-1' i ni-!."^ '<-h , (-~/ Ralph Mancinelli, Council President