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HomeMy WebLinkAbout04/22/2002 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Wheat Ridge April 22. 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 Manager, Randy Young, City Attorney, Gerald Dahl, Director of Planning Alan White, staff; and interested citizens APPROVAL OF MINUTES OF AprilS, 2002 Motion by Mr DiTullio for approval of the Minutes of April 8, 2002, seconded by Mr Schneider; carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read Proclamations for. Crime Victims' Rights Week - April 21 - 27,2002 Public Service Recognition Week - May 6 - 10 2002 CITIZENS' RIGHT TO SPEAK There was no one present to speak. APPROVAL OF AGENDA Motion by Mr Mancinelli to add Agenda Item 4 A. - A Council Bill for first reading - An Ordinance amending Code of Laws Section 26-603(2) concerning Sight Distance Triangle Standards, seconded by Mr Edwards carried 7-1 with Mr Gokey voting no CITY COUNCIL MINUTES APRIL 22, 2002 Page - 2 - Motion by Mr DiTullio to suspend the Rules and let Councilmembers speak as many times as necessary on Items 1 2 and 3 , seconded by Mr Gokey; carried 8-0 INFORMATIONAL ITEMS Item 1. Follow-up to joint meeting with Urban Renewal Authority on March 25, 2002 (Jim Windholz) (No back-up material) Jim Windholz, attorney for the Wheat Ridge Urban Renewal Authority since the mid 1980's, gave follow-up and answered questions regarding the meeting of March 25, 2002 He outlined the purpose and benefits of Urban Renewal, as well as the State mandated process Arnie Ray of ScymanskilRay, was present to answer questions He outlined some examples that got off the ground because of Urban Renewal, such as Cinderella City, Villa Italia, Westland, Northglenn, etc. Alan White, Wheat Ridge Director of Planning, also answered questions He described the conditions of the property in the vicinity of 44th and Wadsworth, directly west of the Stage Stop Antique Store, and also showed pictures This was the former Spartan Store, that burned down many years ago and has remained undeveloped It has turned into a dumping ground for unwanted items. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Public Hearing on Resolution 10-2002 - A Resolution by the City Council of the City of Wheat Ridge, Colorado, adopting an amendment to the Wheat Ridge Comprehensive Plan (Case No WPA-02-01) Item 3. Public Hearing on Resolution 11-2002 - finding blight in certain additional areas of the Wadsworth Boulevard Corridor Redevelopment Area and approving the first modification of the Wadsworth Boulevard Corridor Redevelopment Plan Councilmember Edwards introduced Resolution 10-2002 and 11-2002 and read the titles City Attorney Gerald Dahl, stated that public testimony would be taken on both items together He encouraged people to focus their testimony on these two items specifically CITY COUNCIL MINUTES APRIL 22, 2002 Page - 3 - Alan White, was sworn in by the Mayor, presented the staff report, and entered exhibits into the record Jim Windholz, was sworn in by the Mayor He established for the record that all the requirements of the Urban Renewal Statutes had been followed precisely as outlined in the law He entered Exhibits 1 through 4 into the record Arthur Anderson, Urban Renewal Consultant, was sworn in by the Mayor He was asked by the Urban Renewal Authority to investigate the area at 44th & Upham Street; the investigation took place on January 7, 2002, report was presented to the Urban Renewal Authority on February 11, 2002 He investigated the site this morning and again this afternoon He asked that the two pictures on the front, left and right, be crossed out. On Page 4, the building on 4281 Upham has now been painted The fence at 4085 Upham Street has been fixed and replaced with a chain link fence Page 6, under Section 54, the address under 3 Should be 4145 Upham, not 4115 Upham. 4 4275 Upham has been cleaned up 5 4001 Upham, the damaged car has been removed 11 Has been sealed off 1 3955 Upham has been cleaned up and looks better than the picture indicates Page 7, Item 5 5, 2 3 6 8 9 and 10 should be stricken On Page 8,56, 1 has been partially cleaned up 4 is out and 3955 Upham has been partially cleaned up 4281 Upham the building has been painted, but there are still stacks on wood in the area Page 9 , 57, 1 the fence cut-through has been fixed He gave criteria of what he had looked for when he did the blight study. conditions included some deteriated or deteriating structures, defective or inadequate street layout; absence of curb, gutter and sidewalk; faulty lot layout; unsanitary or unsafe conditions, deteriation of site and other improvements, unusual topography; defective or unusual conditions of title, etc He stated that even with the improvements he observed today, the elements of blight still exist. Mr Anderson's "Upham Street Slight Survey" was entered into the record as Exhibit 5 Mr White entered into the record the first modification to the Wadsworth Corridor Development Plan, that is contained within Councils' packet; this is a description and map and copy of Urban Renewal Authority Resolution 01 These were marked as Exhibit 7 Mr Windholz offered the hard copy of the powerpoint presentation that was made and be entered as Exhibit 6 CITY COUNCIL MINUTES APRIL 22, 2002 Page - 4 - The following speakers were sworn in by the Mayor. John Minshall, 3550 Miller Court; is the owner of the 20 unit apartment complex, shown on Page 3 of the blight study as 4001 Upham Street, and is also speaking on behalf of his mother, who owns the 43 apartments at 4065 and 4085 Upham Street. They are very proud of their apartments, they are well taken care of, have low rents and loyal tenants Mr Minshall presented pictures of the apartments, which were numbered Exhibits A and B He is totally outraged that their properties are considered blighted and rebutted numerous items in the blight study Motion by Mr Mancinelli to remove the pictures displayed on the front of the dais, these pictures are not representing the area being discussed, seconded by Ms Figlus, carried 8-0 Ray Chewning, 4047 Upham Street, implored Council not to take away their affordable apartments Sheryl Chewning, 4047 Upham Street, apartment manager, opposes the Wadsworth Corridor Redevelopment Plan She is offended that the area is being referred to as blighted They can't afford, nor do they want to, move She submitted a letter from a tenant named Chrysti Hagen as Exhibit C Beth Jenkins-Eddleblute, 4031 Upham Street, showed pictures of the inside of their apartment, which were marked Exhibit D She is very happy and comfortable there Clarence Eddleblute, 4031 Upham Street, agreed with the previous speakers He is glad to live there and there are no drive-by shootings, drugs etc Gordon Hinshaw, 4045 Upham Street, questioned why the neighbors to the east side of the street were not informed of this is worried about his property value dropping Kendra Paiement, 4057 Upham Street, has lived at the Minshall Apartments for 7 years, she can walk to work at Lutheran, apartments are very well kept, affordable, safe neighborhood Kalen Bauer, 4017 Upham Street, resident of town homes for almost 10 years, agrees with Mr Minshall, hopes this won't pass CITY COUNCIL MINUTES APRIL 22, 2002 Page - 5 - Susan Seeds, 6147 West 35th Avenue, read a letter on behalf of Wheat Ridge United Neighborhoods, which urged not to change the west side of Upham Street to a commercial designation on the Comprehensive Plan This letter was designated as Exhibit E. Mike Markham, 4736 West 69th Drive, Westminster, speaking for Lorraine Neumann who lives at 4281 Upham He brought pictures of 4281 Upham, marked as Exhibit F He indicated that these pictures clearly show this is not a slum He disputed the accuracy of the blight study Rosemarie Moore, owns the properties at 3900 and 3920 Upham Street (east side of street), gave background on neighborhood Jan and Dave Kissell, 4115 Upham Street, presented pictures of their property, which were marked Exhibit G. Wheat Ridge is unique, we don't want to be like other cities There are other properties in Wheat Ridge that can be developed There are many empty shopping centers in the metro area Motion by Mr Schneider to suspend the Rules and go past 11 00 pm., seconded by Mr Edwards, carried 7-1 with Mr Hanley voting no Eliseo Martinez, 1693 Garland Street, owns 3955 Upham Street. He showed pictures of the property, which were marked Exhibit H He asked that Council not gamble with the community for something that may not come true Jan McNeel, 2012 Beech Court, Golden, owns 4275 Upham Street. He brought pictures of his property, which were marked Exhibit I He is opposed to the Urban Renewal Plan for his street. Justin Grosch, 1410 South Birch Street, Denver, was present to speak on behalf of his sister, Corrina Lane, 4093 Upham Street. He addressed increased traffic and safety issues if a commercial area is put in Gerald Oslar, 4085 Upham Street, asked that Wheat Ridge not be turned into a Lakewood or Arvada. Cliff Peterson 4105 A Upham Street, loves living on Upham Street. CITY COUNCIL MINUTES APRIL 22, 2002 Page - 6 - Tessa Morris, 1070 Rogers Street, Golden, speaking on behalf of her parents, Angelo and Lynn Martinelli, 4240 Upham Street. Her parents bought their house as a retirement home and have put a lot of money into it. They wouldn't want to live there if a commercial development goes in across the street. People on the east side of the street should have been informed of the meetings Louise Adams, 4065 Upham Street, has lived in her apartment for 12 years and does not want to be displaced Edna Fleming, 4053 Upham Street, doesn't feel that her apartment is a slum or in a blighted area Louise Turner, 11256 West 38th Avenue, stated that "relocation" means taking people's homes, that is not something to take lightly There is no shortage of commercial land in Wheat Ridge Cheryl Johnson, 4200 Upham Street, asked what would go in across the street. Robert McLeod, 3960 Upham Street, is opposed to the blight survey Neil Duggan, 11237 West 26th Place, Lakewood, is a good friend of the Minshalls, agrees with all the speakers AI Leos, 4221 Upham Street, submitted pictures of his property, which were marked Exhibit J He doesn't want to relocate Cindy and Ted Whaley, 4100 Upham Street, are opposed to the Urban Renewal Plan Josh Green, 4089 Upham Street, lives at the Minshall Apartments, needs the affordable housing This plan will not benefit the City of Wheat Ridge Mr White entered two letters into the record, which were marked Exhibits 8 and 9 Exhibit 8 is a letter from Anne Hinshaw Exhibit 9 is a letter from J L. Neumann CITY COUNCIL MINUTES APRIL 22, 2002 Page - 7 - Motion by Mr Edwards to approve Resolution 10-2002 Case No WPA-02-01, a Resolution adopting an amendment to the Wheat Ridge Comprehensive Plan, seconded by Mr Gokey' carried 5-3 with Councilmembers Hanley, Mancinelli and Figlus voting no Mr Mancinelli voted no because the Urban Renewal Authority needs to go back to Square One and deal with what we presented to the Colorado Department of Transportation the Wadsworth Corridor Study We told the State that we would develop a "Village Concept" on that corner Mr White submitted the latest, revised, edited copy of Resolution 11-2002, which was marked Exhibit 10 Motion by Mr Edwards to adopt the latest version of Resolution 11-2002, which was just handed out and marked Exhibit 10, a resolution finding blight and amending the Wadsworth Boulevard Corridor Redevelopment Plan by adding the 3900 block to and including the 4200 block of Upham Street; seconded by Mr Gokey. carried 5-3 with Councilmembers Hanley, Mancinelli, and Figlus voting no Mr Mancinelli voted no because we are dealing with taking out a neighborhood, he has spent 3 years working on the Wheat Ridge Housing Authority and this is a slap in the face to moderate income housing Ms. Figlus voted no because she cannot see how this area is blighted, she found it well maintained, people really care about this neighborhood Mr Hanley voted no because this is a neighborhood ORDINANCES ON FIRST READING Item 4. Council Bill 13-2002 - An Ordinance repealing and reenacting Chapter 7 of the Code of Laws of the City of Wheat Ridge concerning the conduct of municipal elections Council Bill 13-2002 was introduced on first reading by Mr DiTullio who also read the title, summary and background Motion by Mr DiTullio that Council Bill 13-2002 be approved on first reading, ordered published, public hearing be set for Monday, May 13, 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 Mancinelli. carried 8-0 CITY COUNCIL MINUTES APRIL 22, 2002 Page - 8 - Item 4. B. Council Bill 14-2002 - amending Code of Laws Section 26-603(2) concerning sight distance triangle standards Council Bill 14-2002 was introduced on first reading by Mr Mancinelli, who also read the title, summary and background Motion by Mr Mancinelli that Council Bill 14-2002 be approved on first reading, ordered published, public hearing be set for Monday, May 13, 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 5. Resolution 09-2002 - authorizing Jefferson County Open Space to continue good faith negotiations and to acquire the 1 7 acres of land more or less, located at 10135 West 38th Avenue (Denning Property) at the negotiated price for Parks and Recreation purposes Resolution 09-2002 was introduced and read by Ms Figlus Motion by Ms Figlus for approval of Resolution 09-2002, seconded by Mr DiTullio, carried 5-3 with Councilmembers Rotola, Mancinelli and Gokey voting no Item 6. Motion by Mr Mancinelli to cancel the May 27,2002 City Council Meeting (Memorial Day), seconded by Mr Gokey; carried 7-1 with Mr DiTullio voting no Item 7. CONSENT AGENDA, A. Award bid RFB-02-015, Tractor Mowers, to Southside Total Power, in the total amount of $34 558 54 Also approve contingency amount of $5,44146 Total combined amount is $40,000 B Motion to approve request to purchase 1 large format copier from Rocky Mountain Blueprint and Supply Company in the total amount of $9 390 (Public Works Engineering Division) CITY COUNCIL MINUTES APRIL 22, 2002 Page - 9 - C Approval of City Expenditures over $5,000 Mr Hanley introduced and read the Consent Agenda. Motion by Mr Hanley for approval of the Consent Agenda as printed, seconded by Mr DiTullio, carried 8-0 ELECTED OFFICIALS MATTERS Districts III and IV will have their meeting on Wednesday, May 8 at the Rec Center District I meeting has been canceled District II meeting will be a BBQ at Appel-Bacher Park. Motion by Mr Mancinelli to give direction to the City Manager to find room in City Hall for the Mayor's Office, be it sharing a desk, or sharing an office with someone, whatever it takes, but in no way does the Mayor's Office move out of City Hall, seconded by Mrs Rotola, carried 7-0 (Mr DiTullio had left the meeting) Meeting adjourned at 12 30 a m i i -J ,. . d "') . . hi #" .....--oJ u..,"'I. Wanda Sang, City..c'lerk APPROVED BY CITY COUNCIL ON MAY 13, 2002 BY A VOTE OF ~ TO..JL, ~ " ~: (, , ) ) '-IA.-' (.........1 A.{ I. 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