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Home My WebLink About05/13/2002 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Wheat Ridge May 13. 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, Director of Public Works, Bob Goebel, Chief of Police, Jack Hurst; staff; and interested citizens APPROVAL OF MINUTES OF April 22, 2002 Motion by Mr DiTullio for the approval of the Minutes of April 22, 2002, seconded by Mr Gokey; carried 8-0 PROCLAMATIONS AND CEREMONIES Gary Maas, President of the State Chiefs Association, President of Metro Chiefs, Police Chief of Littleton, presented to the City of Wheat Ridge and the Wheat Ridge Police Department the Colorado Association of Chiefs of Police Professional Compliance Award Chief Hurst recognized two people who he mainly credited with receiving this award Deputy Chief, Joe Cassa and Sgt. Pete Ellis Mayor Cerveny read the Proclamation for Mental Health Month - May 2002 and presented it to the Director of the Summit Center APPROVAL OF AGENDA Motion by Mr DiTullio to amend the Agenda to add 'Reconsideration of Resolution 11- 2002" as Item 0, to appear prior to Item 1, seconded by Mr Schneider; carried 7-1 with Mr Edwards voting no CITY COUNCIL MINUTES May 13, 2002 Page - 2 - CITIZENS' RIGHT TO SPEAK Myron Lewis and Heidi Lewis owners of Lewis Fine Candies, thanked Marilyn Force, Economic Development Director for all her help with the opening of their business Item O. Reconsideration of Resolution 11-2002 - finding blight in certain additional areas of the Wadsworth Blvd Corridor Redevelopment Area and approving the first modification of the Wadsworth Blvd Corridor Redevelopment Plan Motion by Mr Schneider to reconsider Resolution 11-2002, seconded by Mr DiTullio, carried 6-2 with Mr Gokey and Mr Edwards voting no Resolution 11-2002 was now back on the table The following speakers were present and spoke in favor of the reconsideration and against the Resolution John Minshall Gordon Hinshaw Ron Johnson Janice Thompson John McMillin Anne Fey Louise Adams Motion by Mr Schneider that Resolution 11-2002 be indefinitely postponed, seconded by Mr DiTullio, carried 6-2 with Mr Gokey and Mr Edwards voting no Mr Edwards will stand by his vote for the Resolution because he feels that is best for the entire community Mr Gokey will stand by his previous vote on the Resolution because he feels he did the right thing CITY COUNCIL MINUTES May 13, 2002 Page - 3 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 12-2002 - An Ordinance providing for the approval of rezoning from Residential-Two and Agricultural-One to Planned Residential Development and for approval of a Preliminary Development Plan for property located at 4580, 4680, and 4690 Garrison Street and 9105 West 46th Place, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-01-06) (Centex Homes) Council Bill 12-2002 was introduced by Mr Hanley on second reading Mr Hanley read the title, summary and background Clerk assigned Ordinance No 1246 Yvonne Seaman of Centex Homes was sworn in by the Mayor and presented the applicant's case and answered Councilmembers' questions Meredith Reckert, Senior Planner for the City of Wheat Ridge, was sworn in by the Mayor and presented the staff report and answered Councilmembers' questions Walt Pettit, Manager for Wheat Ridge Water District, was sworn in by the Mayor He stated that this area is in the Wheat Ridge Water District and they will be able to provide water for this development and the fire hydrants, but will need to enlarge the water main from six inches to twelve inches John Pedota landowner, stated they have lived on the property all their lives and have made their living there They feel that Centex Homes would put in a quality development. Mr DiTullio asked Ms Reckert for the record if the applicant has followed all the rules and procedures of Chapter 26 Answer was yes He also asked if there were any outstanding issues that Council should be aware of before the public hearing is closed Ms Reckert stated that the parkland dedication and playground equipment had been addressed Motion by Mr Hanley to approve Council Bill 12-2002 (Ordinance 1246), a request for approval of a change of zone from Residential-Two and Agricultural-One to Planned Residential Development, for approval of a preliminary development plan and a preliminary subdivision plan at property located at 4580, 4680, and 4690 Garrison Street, and 9105 West 46th Place for the following reasons. CITY COUNCIL MINUTES May 13,2002 Page - 4 - 1 Although not in conformance with the density standards given on the future land use map, other goals and policies of the Comprehensive Plan have been met. 2 The proposal is consistent with Section 26-504 of the Wheat Ridge Code of Laws (Residential Site Design Requirements) 3 The proximity of the property to 1-70 makes it undesirable for single family development. 4 It will provide entry-level housing available for purchase 5 The proposal far exceeds the minimum landscaping required in the PRD zone district regulations (25%) 6 Other development scenarios may not be economically feasible based on the cost of infrastructure improvements required with any development on the site 7 The redevelopment of this site may help support existing small businesses along 44th Avenue and future redevelopment along the Kipling Street corridor 8 This will improve water service for the neighborhood With the following conditions 1 The on-site amenities including the proposed playground and associated improvements be approved to meet the parkland dedication requirements No additional fees-in-lieu of parkland dedication will be required This condition was modified from the Planning Commission recommendation to reflect the new on-site playground amenity as proposed by the applicant. 2 On the preliminary subdivision plan, the future 5' right-of-way dedication be designated more clearly 3 Submittal of a Phase I Environmental Assessment be required at the time of final development plan, seconded by Mr DiTullio Motion by Mr Gokey to amend the motion that the playground equipment be specified as "commercial grade playground equipment", seconded by Mr Schneider; carried 8-0 Motion by Mr Schneider to amend the motion that the playground equipment be maintained by the Homeowners Association and that this be stated somewhere, seconded by Mr Gokey; carried 8-0 Original Motion as amended carried 7-1 with Ms Figlus voting no CITY COUNCIL MINUTES May 13, 2002 Page - 5 - Item 2. 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 second reading by Mr DiTullio, who also read the title, summary and background Clerk assigned Ordinance No 1247 Mr Dahl explained that this Ordinance will eliminate having to review the election code each year to make sure it complies with State Law He pointed out that the provision on campaign contribution limits will no longer be in the Code Mr Dahl also stated that this will eliminate the forms for Disclosure of Real Property and Disclosure of Conflict of I nte rest. Motion by Mr DiTullio for approval of Council Bill 13-2002 (Ordinance 1247), seconded by Mr Edwards, carried 7-1 with Mr Gokey voting no Item 3. Council Bill 14-2002 - An Ordinance amending the Code of Laws Section 26-603 (2) concerning Sight Distance Triangle Standards Council Bill 14-2002 and was introduced by Mr Mancinelli, who also read the title, summary and background Clerk assigned Ordinance No 1248 Motion by Mr Mancinelli to approve Council Bill 14-2002 (Ordinance No 1248) on second reading as attached to this packet and it take effect immediately after final publication, seconded by Mr Edwards Motion by Mr Edwards for an amendment to create a Section f under Section 1 , which would read "For other signalized intersections involving local streets the Director of Public Works or his/her designee is authorized to permit modifications of the sight triangle requirements for special circumstances in accordance with the most current edition of policy on geometric design of highways and streets published by the American Association of State Highway and Transportation Officials", seconded by Mr DiTullio, carried 7-1 with Mr Gokey voting no Original Motion as amended carried 7-1 with Mr Gokey voting no CITY COUNCIL MINUTES May 13, 2002 Page - 6 - ORDINANCES ON FIRST READING Item 4. Council Bill 15-2002 - An Ordinance providing for the approval of amendments to Article I, Article III, and Article IV, of Chapter 26 of the Code of Laws of the City of Wheat Ridge, Colorado (Case No ZOA-02-03) Council Bill 15-2002 was introduced on first reading by Mr DiTullio, who also read the title, summary and background Motion by Mr DiTullio that Council Bill 15-2002 be approved on first reading, ordered published, public hearing be set for Monday, June 10 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 12-2002 - in support of the Wadsworth Bypass/Burlington Northern Railroad Grade Separation Resolution 12-2002 was introduced by Mr Edwards Motion by Mr Edwards for approval of Resolution 12-2002, seconded by Mr Schneider. carried 8-0 Item 6. Motion by Mr Mancinelli to appoint Robert Blair to the Board of Adjustment for District II, term ending March 2,2005, seconded by Mr Edwards, carried 8-0 Item 7. Motion to direct the City Manager to develop a plan of action for the review and possible modification of the Comprehensive Land Use Plan Motion by Mr Schneider to direct the City Manager to develop a plan of action for the review and possible modification of the City of Wheat Ridge Comprehensive Land Use Plan, and further, to direct that the plan of action be placed on the City Council's Study Session of June 17, 2002, seconded by Mr Gokey CITY COUNCIL MINUTES May 13, 2002 Page - 7 - Motion by Mr Mancinelli for an amendment to strike the words June 17 Study Session and say first available Study Session, seconded by Mr Schneider; carried 8-0 Original Motion as amended carried 8-0 Item 8. CONSENT AGENDA, A. Change to Planning Commission Bylaws B Approval of first renewal to RFP-01-006, Custodial Services, to AFL Maintenance, Inc for a six-month period for the total amount of $24,83400 C Approval of first renewal to RFP-01-006, Custodial Services, to Rockie Mountain Maintenance, Inc for the total amount of $69,601.20 D Approval of various Nursery purchases in the total amount of $75,70000 E. Award of RFB-02-018R, Ball Field Maintenance Machine, to Horizon, in the total amount of $10,70700 F Award of RFP-02-007, Photography Services for the Soccer Program, to Team Sports Photos G Award of RFP-02-021, Concession Stand Services for Anderson Park and Prospect Park, to Hearth and Home, dba H & H Concessions H Award of RFB-02-023, Water Slide Resurfacing, to Applied Plastic Coatings, in the total amount of $14,145 00 I Approve sole source purchase and installation of Bi-Directional Amplifiers (BDA) to Legacy Communications in the total amount of $40,069 82 J Approve sole source purchase of one gearbox/break assembly from Faris Machinery Company in the total amount of $9,24000 K. Award RFB-02-027, Traffic Signal Equipment, to the various vendors listed in the memo CITY COUNCIL MINUTES May 13, 2002 Page - 8 - L. Award RFB-02-022, 2002 Crack Sea/Slurry Seal Project, Project No S-PM-03-02, to Intermountain Pavement Preservation, LLC M 2001 Juvenile Accountability Incentive Block Grant. N Award RFB-02-017 Panasonic Laptop Computers, to Portable Computer Systems, in the total amount of $29,940 00 o Approval of City Expenditures over $5,00000 Consent Agenda was introduced and read by Ms Figlus Motion by Ms Figlus for the approval of the Consent Agenda, seconded by Mr Edwards, carried 8-0 ELECTED OFFICIALS MATTERS Motion by Mr Edwards to hold Executive Session for conference with Special Counsel to the City under Section 5 7(b)(1 )(A) of the Charter and Section 24-6-402 (4) C R.S , specifically for legal advice on pending litigation with the Council to reconvene in Open Session following the Executive Session in order to take any necessary formal action, seconded by Ms Figlus, carried 7-1 with Mr DiTullio voting no EXECUTIVE SESSION WAS HELD. Motion by Mr DiTullio to affect two interim extension agreements between the City and formerly Lutheran Hospital, now Exempla Medical Facility, one is the interim extension agreement for the months of April and May 2002 and the other is for a similar extension agreement for March and June of 2002, seconded by Mr Schneider; carried 8-0 Meeting adjourned at 10.10 P m ~)~~?L/~/fl Wanda Sang, City ~rk APPROVED BY CITY COUNCIL ON JUNE 10, 2002 BY A VOTE OF ~ TO ~ tf!r4 fh c~v- u- ~if R ph ManCinelli, CounCil PreSident