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HomeMy WebLinkAbout02/25/2002 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Wheat Ridge February 25. 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 City Treasurer, Ron Patera, Interim City Manager, Randy Young, City Attorney Gerald Dahl, Director of Parks & Recreation, Joyce Manwaring Director of Public Works, Bob Goebel staff; and interested citizens APPROVAL OF MINUTES OF February 11, 2002 Motion by Mr DiTullio for the approval of the Minutes of February 11, 2002 with a correction on Page 5, there is a failed motion that failed 2-5, he thinks this should be 3- 5 with an additional person voting yes, *(vote was 2-6) seconded by Mr Schneider; carried 8-0 CITIZENS' RIGHT TO SPEAK Don Peterson, 9945 West 34th Drive, he is a member of the Wheat Ridge Economic Development Task Force They are holding a Wheat Ridge Business Forum this Thursday there will be bankers providing information for businesses Jean Fields, 3270 Fenton Street, wanted to make it known that she is no longer associated with Wheat Ridge United Neighborhoods Ron Patera City Treasurer, stated that by the end of March the extra half cent sales tax, that was voted in for the Recreation Center, will no longer be charged since the goal has been met. Steve Singer, 9810 West 36th Avenue, spoke regarding the Open Space Park, known as the Einarson property. this property should not be included in the blight study and remain Open Space CITY COUNCIL MINUTES February 25, 2002 Page - 2 - Daniel Taylor 9685 West 35th Avenue and his daughter Sarah asked Mr Schneider if he was fully in support of the neighborhood park at 38th & Kipling, Mr Schneider said that was correct. Mr Mancinelli raised a point of order that there was to be no Q and A between the public and Councilmembers Cindy Klammer, 3200 Routt Street, thanked Odarka Figlus, Jerry DiTullio and Vance Edwards, for standing up to her Councilmember from District III Open Space lands are the crowning glory of Wheat Ridge-hands off Wheat Ridge Friends of Open Spaces will be closely watching John McMillen, 9801 West 38th Avenue, stated the Einarsen Park and Urban Renewal Project should not be planned and developed as islands of isolation from each other. missed opportunities and major development mistakes can result when we look at individual properties and projects without carefully considering the boundaries connections and interactions between them The opposite is also true Park Planners and Urban Renewal people should meet and cooperate James Taylor 9750 West 36th Avenue vigorously support Open Space and oppose the development of it; he agrees with everything that has been said on the subject here up to this time There were several citizens who had signed up to speak, but stated that they agreed with the statements already made Tony Kerstiens, 9880 West 35th Avenue, Mary Margaret Coates, 9835 West 35th Avenue, Mr Polzien, 3580 Johnson Street; Fran Singer, 9810 West 36th Avenue Warren Butler, 9625 West 36th Avenue thanked those who worked for the Einarsen Park. Don Peterson, 9945 West 34th Drive agreed with previous speakers He thanked the Urban Renewal Authority for excluding the park from their blight study APPROVAL OF AGENDA Motion by Mr DiTullio to hear Agenda Item 2 before Agenda Item 1 seconded by Mr Edwards, carried 7-1 with Mr Gokey voting no Motion by Mr Edwards to hold an Executive Session to discuss pending litigation at the end of the meeting, seconded by Ms Figlus, carried 7-1 with Mr Gokey voting no CITY COUNCIL MINUTES February 25, 2002 Page - 3 - Item 2. Public Hearing on request for approval of a final subdivision plat for property located at 6745 West 32nd Avenue (Case No MS-01-02) (Mike Jones) Item 2 was introduced by Mr DiTullio, who also read the title summary and background Michael Jones applicant, was sworn in by the Mayor He explained that he will build his own personal residence on the largest of the three lots and 2 duplexes on the other two Meredith Reckert was sworn in by the Mayor and presented the staff report. Mr DiTullio asked two questions of Ms Reckert: Has the applicant has met all the conditions required by the current zoning laws for Wheat Ridge? The answer was yes Are there any current outstanding issues on this project? The answer was no Mr DiTullio asked the applicant if he understands all the conditions that have been required by the Planning Department and City Council The answer was yes Motion by Mr DiTullio to approve Case No MS-01-02, a request for approval of a final subdivision plat for property located at 6745 West 32nd Avenue for the following reasons 1 All requirements of the City s Subdivision regulations have been met. 2 All minimum lot size and lot width requirements of the R-2 Zoning District have been met; seconded by Mr Edwards, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 05-2002 - An Ordinance providing for the approval of rezoning from Planned Commercial Development and Agricultural-One to Planned Commercial Development and for approval of an Outline Development Plan for property located at 4601 Tabor Street, 4651 Tabor Street and vacant property located north of 4651 Tabor Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-00-12) (Skitzo Offshore, dba "Trailer Source") Council Bill 05-2002 was introduced on second reading by Mrs Rotola title and summary read by the Clerk. Clerk assigned Ordinance No 1245 Dick Scheurer, 143 Union Blvd, attorney for the applicant, was sworn in by the Mayor He gave background on the application process He asked for discussion on 5 of the conditions imposed by Planning Commission, and the Urban Renewal Authority's comment that they were not supportive of the application CITY COUNCIL MINUTES February 25, 2002 Page - 4 - James Blumenthal, applicant, was sworn in by the Mayor He addressed the 10 conditions recommended by Planning Commission and asked for clarification on some of them Meredith Reckert will address these concerns during her presentation Jim Blumenthal was sworn in by the Mayor He stated that they were turned down for the rezoning mainly because of neighborhood concern as to what they would do with the south property They negotiated with the neighborhood and have cleaned up the property Meredith Reckert, Senior Planner for the City of Wheat Ridge, was sworn in by the Mayor and presented the staff report and clarified the questions asked by applicants Kim Stewart, 11700 West 46th Avenue was sworn in by the Mayor and spoke in support of the application and saw no problems with eliminating the 5 conditions Mr Blumenthal had addressed Mr Dahl stated that the Urban Renewal Plan was adopted subsequent to this application and cannot be applied Motion by Mrs Rotola to approve Council Bill 05-2002 (Ordinance No 1245) a request to rezone property located at 4601 Tabor Street, 4651 Tabor Street, and property north of 4651 Tabor Street, from Agricultural-One and Planned Commercial Development to Planned Commercial Development and for approval of an Outline Development Plan for the following reasons 1 Although the plan is not in conformance with the current Comprehensive Plan it seems the northern parcel is a logical extension of the existing use 2 The zone change and subsequent development of the southern parcel as drawn on the proposed plan will provide a benefit to public safety by improving circulation on and off the site 3 There may be economic benefits based on an increase in sales tax generated by the expansion 4 There are other commercially zoned properties in the vicinity, therefore, spot zoning is not a concern 5 The new outline plan clarifies and in some cases, eliminates uses approved by the original zoning case 6 This plan is a compromise between the owners of the property and the neighbors after considerable negotiation and represents compromises on both With the following conditions 1 Hours of operation shall be from 7 00 a m to 9.00 p m 2 Any signage facing Tabor or south toward 44th Avenue shall remain unlighted when the business is not open CITY COUNCIL MINUTES February 25, 2002 Page - 5 - 3 All deliveries shall occur between the hours of 8 00 a m and 6 00 P m 4 No building or storage of trailers, A TV's jet skis or snowmobiles will be allowed on the eastern portion of the property now zoned agricultural namely 4601 Tabor This property shall be used only as shown on the plan for access employee parking and drives 5 No parking of semi trucks shall be allowed at any time except for one semi truck and trailer if owned by owners of the property; seconded by Mr DiTullio carried 8-0 Item 3. Council Bill 08-2002 - An Ordinance amending Section 2-53(a), (b) (c) and (d) and 2-54(b) of the Code of Laws, concerning appointment of Board and Commission chairpersons Council Bill 08-2002 was introduced on second reading by Mr Schneider who also read the title summary and background Clerk assigned Ordinance No 1246 Mayor Cerveny asked that a public hearing will be held on Items 3 4 5 at the same time Item 4. Council Bill 06-2002 - An Ordinance amending Section 2-57(a) of the Code of Laws to provide for City Council appointment of the chair of the Parks and Recreation Commission Council Bill 06-2002 was introduced on second reading by Mr Schneider, who also read the title, summary and background Clerk assigned Ordinance No 1247 Item 5. Council Bill 07-2002 - An Ordinance amending Section 2-60 of the Code of Laws to provide for City Council appointment of the chair of the Planning Commission Council Bill 05-2002 was introduced on second reading by Mr Schneider, who also read the title, summary and background Clerk assigned Ordinance No 1248 City Attorney, Gerald Dahl explained that if Council Bill 08-2002 did not pass Council Bill 06-2002 and 07-2002, would not need to be addressed CITY COUNCIL MINUTES February 25, 2002 Page - 6 - The following speakers were present: Thomas Slattery, representing Wheat Ridge United Neighborhoods read a letter into the record, which states that they are completely opposed to Council Bill 07-2002 and most provisions of Council Bill 06-200 There should be no exception to the City Code barring a member of a board or commission from holding an elective office other than for ad hoc non-voting members where appropriate Nancy Snow Planning Commission member felt like she had been slapped by City Council when she first heard about these proposed Ordinances She always felt until now that board and commission recommendations were appreciated by Council but lately she doesn't feel that way There have been a lot of remarks made by Council that she finds insulting Paula Weisz, a new member of the Planning Commission, is opposed to adding a Councilmember as voting member and chair It sends a message not to think independently She is not opposed to having a Councilmember on the Planning Commission, but as a non-voting, non-chair member Jay Rasplicka read about this in the paper and wondered why the change If it's working, don't fix it. George Langdon expressed his concerns about putting City Council Members as chairpersons on boards and commissions This proposal did not originate with the citizens of Wheat Ridge, but with Council How will Council manage fair representation on the boards and commissions? He is concerned that this is a control issue He asked that Council vote against these ordinances Carl Cerveny stated that he agrees with Nancy Snow He served on the Planning Commission for 17 years, but he doesn't think he would have stayed if Council had not had confidence in him and his fellow commissioners that they could run an honorable meeting without having a Councilmember to supervise them Putting a Councilmember in as chair might deter qualified people from applying Planning Commission should be an independent body Cal Johnson feels the commissions should stay appointed, once a Councilmember gets on as chair the other commissioners may not say what they are thinking It is also a hindrance to the applicant. CITY COUNCIL MINUTES February 25, 2002 Page - 7 - Phil Edwards agreed with Nancy Snow and Wheat Ridge United Neighborhoods, he served on Planning Commission and City Council and feels this undermines the whole board and commission process, Council should trust them and if they don't agree with their proposals, they can always vote against them This gives Council some other viewpoints Anne Brinkman agreed with the other speakers Phil Plummer was recently appointed to the Planning Commission and would not be willing to serve if they had supervision from City Council Don Peterson agrees with comments made by Wheat Ridge United Neighborhoods He asked that Council vote against these Council Bills Motion by Mr DiTullio to continue the public hearing for Council Bills 08, 06, and 07-2002 to the March 25 Regular Council Meeting I further move that a joint meeting with the Planning Commission and Parks Commission be scheduled for March 18 2002 Council Study Session to discuss the afore mentioned Council Bills, seconded by Mr Edwards Mr Schneider asked Mr Dahl's opinion on the legality of the proposed Council Bills Mr Dahl stated that there was no case law that prevented Council from adopting the Ordinances if they chose Mr Edwards asked for a friendly amendment that Items 7 And 8 also be postponed This was accepted by motion-maker Motion carried 6-2 with Mr Hanley and Mrs Rotola voting no Mr Hanley was impressed with the citizens' comments and does not feel this needs any further discussion DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Adoption of changes to the Neighborhood Traffic Management Program (PLEASE BRING MATERIALS FROM 2/19/2002 STUDY SESSION) Motion by Mr Mancinelli that the attached recommended changes be made a part of the City's Neighborhood Traffic Management Program (NTMP), and that these changes are hereby formally adopted effective immediately. seconded by Mr Edwards, carried 7-0 (Ms Figlus was still out of the room) CITY COUNCIL MINUTES February 25, 2002 Page - 8 - Item 9. Appointments to Boards and Commissions DISTRICT I Motion by Mr DiTullio to appoint: Linda Kelm to the Personnel Commission term ending 3/2/05 seconded by Mr Edwards, carried 8-0 DISTRICT II Motion by Mr Gokey to appoint James Molnar to the Building Code Advisory Board term ending 3/2/05 Marion Garramone to the Parks & Rec Commission term ending 3/2/05 Kevin Witt to the Planning Commission term ending 3/2/05, seconded by Mr Mancinelli carried 8-0 DISTRICT III Motion by Ms Figlus to appoint Virginia Petty to the Animal Welfare & Control Commission, term ending 3/2/05 Louise Turner to the Animal Welfare & Control Commission term ending 3/2/05 Don MacDougal to the Parks and Recreation Commission, term ending 3/2/05 Debbie Bozarth to the Arborist Board, term ending 3/2/05 Thomas Abbott to the Board of Adjustment, term ending 3/2/05 Harry Kouts to the Civil Service Commission, term ending 3/2/05, seconded by Mrs Rotola Mr Schneider made an amendment to substitute the name Floyd Sasa for the Parks and Recreation Commission in District III term ending 3/2/05 seconded by Mr DiTullio Mr DiTullio stated that he will vote for all the motions tonight, he doesn't want to vote against anybody Ms Figlus thanked all the applicants that have applied Don MacDougal has only served 1 year on the Parks Commission He was filling an unexpired term She is reluctant to ask somebody to leave the Parks Commission after only having had the opportunity to serve for 1 year She will not support this amendment. Mr Edwards agreed with Mr DiTullio Vote on the amendment was 6-2 with Mr Hanley and Ms Figlus voting no Original Motion as amended carried 8-0 CITY COUNCIL MINUTES February 25, 2002 Page - 9 - DISTRICT IV Motion by Mr Hanley to appoint: Paul Hovland to Board of Adjustment, term ending 3/2/05 Frank Coso/o to Civil Service Commission term ending 3/2/05 Bunny Gordon to Parks & Recreation Commission term ending 3/2/05 Jack Rose to Parks & Recreation Commission, term ending 3/2/05 Kim Stewart to Personnel Commission, term ending 3/2/05 John McMillin to Planning Commission term ending 3/2/05, seconded by Mrs Rotola, carried 7-1 with Mr Gokey voting no Item 10. Request for qualifications for consulting services to assist in selection of City Manager Item 10 was introduced by Ms Figlus, who also read the title and summary and background Motion by Ms Figlus to direct staff including the present interim City Manger, to select the most qualified consulting services to assist in the selection of the City Manger Services shall include creating a position success template for the city manager position, conducting assessments with finalist candidates and providing goodness of fit reports to the hiring authority Services must meet the proposed finalist interview schedule of March 22, 23 2002, Selection shall be based on services experience and references with a cost not to exceed $20,000, seconded by Mr Hanley City Attorney, Jerry Dahl, stated that he had asked Mr Randy Young to excuse himself from the room during discussion of this item and that he had done so Rob Rella is a psychologist by trade and wanted to talk about selection of consulting groups He stressed the importance of the creation of a template Finalists need to be compared against the template Mr Schneider asked Mr Rella if his group would give any type of guarantees, he replied "heck no" Mr DiTullio is concerned about spending $20,000 on a 'pretty darn good" success rate as quoted by Mr Rella We are already paying Chuck Rohre $15,000 plus expenses, he has been screening candidates and Council This seems to be an attempt to bypass Chuck and come up with another process at the 11 th hour CITY COUNCIL MINUTES February 25, 2002 Page - 10 - Mr DiTulliO stated that the Mayor had taken an active part in proposing a selection group to help find a suitable City Manager and he asked the City Clerk, who has worked here for 19 years her input on this matter Her questions included how one individual could be compatible with 8 different ideals and personalities and these could change with every election, concerned about spending another $20,000 no guarantee from the consultants if the selection does not work. Motion failed 2-6 with Councilmembers Hanley and Figlus voting yes Item 11. CONSENT AGENDA A. Membership Contribution Payments B First renewal of Bid RFB-00-036 Annual Street Maintenance Materials, to various firms in the total amount of $42 000 C Approval of Councilmember Edwards to attend second NLC meeting D First renewal of Bid RFB-01-004 Printing Leisure Guides to Centennial Printing Company in the total amount of $32 139 E Approval of payment of City Expenditures F Award Bid RFB-02-003, Clocks and Signs for 38th Avenue, to Neosource in the total amount of $112,450 Consent Agenda was introduced and read by Mr Hanley Mr Edwards asked to pull F There is an omission that needs to be corrected Motion by Mr Hanley for the approval of the Consent Agenda except F, seconded by Mr Schneider. carried 8-0 CITY COUNCIL MINUTES February 25, 2002 Page - 11 - F Mr Edwards explained that the contingency account had not been included in the suggested motion Motion by Mr Edwards to approve Bid No RFB-02-003, Clocks and Signs/38th Avenue, to Neosource Denver in the total amount of $140,000 I further move that a contingency account be established in the amount of $27 550 I further move that the Director of Public Works be authorized to issue change orders All costs associated with this contract shall be paid from various accounts previously designated for 38th Avenue Streetscaping Project including the construction account and CDBG account on October 22, 2001 and these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series, seconded by Mr DiTullio, carried 7-1 with Mr Hanley voting no CITY MANAGER'S MATTERS Randy Young gave update on the HVAC proposals and first floor remodel project; he will keep Council apprized once further information is available He has gotten positive feedback from the retreat of Planning Department and Public Works Department. He thanked David Schneider, Mary Anne Brossman, Pat Dildine and Wanda Sang for their work on getting the Code of Laws on our City website and also the new webpage design CITY ATTORNEY'S MATTERS Jerry Dahl gave Manager Search update He has prepared job descriptions and evaluation criteria for City Manger City Attorney and Municipal Judges Motion by Mr Mancinelli to direct our Interim City Manager to create files for these, seconded by Mr DiTullio carried 8-0 Motion by Mr DiTullio to direct the City Attorney to prepare Packet Materials for the Planning Commission March 7 meeting and arrange for them to consider the modification to the blight study for Upham Street and to create a written record for Council so they have all they tools they need to act on March 11 seconded by Mr Edwards carried 8-0 Motion by Mr DiTullio to hold an Executive Session for conference with the City Attorney under Charter Section 5 7(b)(1) and Section 24-6-402(4) C R.S specifically pending litigation and potential violations of law I further move that the Regular City Council Meeting be adjourned at the conclusion of the executive session seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES February 25, 2002 Page - 12 - ELECTED OFFICIALS MATTERS Mr Edwards asked for consensus to schedule a joint meeting with City Council and the Urban Renewal Authority for March 25 at 5 30 p m Consensus was 8 in favor Motion by Mr Gokey to appoint the following City Council Members as ex-officio members of the Urban Renewal Authority. Jerry DiTullio, Dean Gokey; Ralph Mancinelli David Schneider, Odarka Figlus, Lena Rotola, and Harry Hanley; seconded by Mr DiTullio carried 7-1 with Mr Mancinelli voting no City Clerk, Wanda Sang, clarified that the City Clerk s office will take care of Council reservations EXECUTIVE SESSION WAS HELD. Meeting adjourned at 11 00 p m I ~~". t,..,L#L-""'~ 1(.(.../1' ('- Wanda Sang, City clerk APPROVED BY CITY COUNCIL ON MARCH 11 2002 BY A VOTE OF ~ TO ~ 'I ;( "~{,,..ll /) ),:L, , C;., ILl 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