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Home My WebLink About07/08/2002 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO July 8, 2002 The Regular City Council Meeting was called to order by Mayor pro tem, Jerry DiTullio at 7 00 P m Mayor Cerveny was absent due to illness. Councilmembers present: Jerry DiTullio, Vance Edwards, Dean Gokey, Ralph Mancinelli, David Schneider, Odarka Figlus (arrived at 7 05 pm), Lena Rotola, and Harry Hanley Also present: Deputy City Clerk, Christa Jones, City Manager, Randy Young, City Attorney, Gerald Dahl Director of Planning, Alan White, Director of Parks, Joyce Manwaring, staff; and interested citizens APPROVAL OF MINUTES OF June 24, 2002 Motion by Mr Gokey for the approval of the Minutes of June 24, 2002, seconded by Mr Mancinelli carried 7-0 CITIZENS' RIGHT TO SPEAK There was no one present to speak. APPROVAL OF AGENDA Motion by Mr Schneider to add Item 6. A. Motion to approve contracting the services of a Project Manager for the completion of 38th Avenue Streetscape Pilot Project; seconded by Mr Edwards, carried 7-0 Motion by Mr Schneider to add Item 6. B. Motion to approve contracting the services of a project manager for construction of Phase II and III Manwaring Field, seconded by Mr Mancinelli, carried 7-0 Motion by Mr Edwards to add Item 6. C. Reimbursement of the Urban Renewal Authority; seconded by Mr Schneider; carried 7-0 Motion by Mr Edwards for approval of the agenda as amended, seconded by Mr Gokey; carried 7-0 CITY COUNCIL MINUTES July 8, 2002 2 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 16-2002 - An ordinance providing for the approval of rezoning from Restricted Commercial and Residential One-C to Residential One-C, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-02-01) (The Buckeye Group) Council Bill 16-2002 was introduced on second reading by Mr Mancinelli who also read the title, summary and background Clerk assigned Ordinance No 1252 Leslie Cavness, 2273 S Fillmore Street, applicant, was sworn in by the Chair She stated that the property is a little over 1 acre and they are proposing 2 residential lots to be subdivided of what is currently zoned R-C and would become R-1 C, the remainder of the property would remain the existing zoning and there are no development plans at this time Alan White, Planning Director for the City, was SWOP1 in by the Chair, and presented the staff report. He also stated that the title of the Ordinance is incorrect and submitted a new title Motion by Mr Mancinelli that Case No WZ-02-01, a request for approval of rezoning for property located at 6455 West 38th Avenue, be approved for the following reasons 1 The change in zone will bring the properties into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies 2 The change in zone will eliminate the encroachment of commercial zoning into this neighborhood 3 The change in zone will not create an isolated or spot zone district. 4 The zone change is compatible with the surrounding area. 5 The change of zone will not adversely affect the public health safety or welfare I further move that the title of the ordinance be amended to read "An Ordinance providing for the approval of rezoning from Restricted-Commercial to Residential One-C and Restricted Commercial, City of Wheat Ridge, County of Jefferson, State of Colorado, seconded by Mr Gokey. carried 8-0 Item 2. Council Bill 18-2002 - An ordinance amending Chapter 21 of the Code of Laws of the City of Wheat Ridge, Colorado, by the addition of a new Article V concerning the regulation of news racks Council Bill 18-2002 was introduced by Mr Edwards, who also read the title, summary and background Clerk assigned Ordinance No 1253 CITY COUNCIL MINUTES July 8, 2002 3 Mr Edwards presented the staff report and distributed copies of 2 proposed amendments to the Ordinance Mike Harmon, President and Publisher of the Sentinel and Transcript Newspapers, was sworn in by the Chair He spoke in opposition to this ordinance, feels that all newsrack ordinances somewhat impact the First Amendment Rights This limits the public's access to free publications and paid newspapers Joelle Hedden, 2640 Newland Street, was sworn in by the chair. she presented two photographs of newsracks in the City of Wheat Ridge that showed trash and graffiti on and around the newsracks She spoke in favor of the ordinance Newsracks have become eyesores in the community and when blown over, present a safety hazard Motion by Mr Edwards that Council Bill 18-2002 (Ordinance No 1253) be amended by the addition of a new subsection 21-165 (c) authorizing the treasurer to establish a one time multiple location permit fee and amending Section 21-169 (a) (6) to require permits to be issued on a first come first served basis, and so amended be approved on second reading and take effect immediately upon passage, seconded by Mr Mancinelli, carried 6-2 with Councilmembers Hanley and Figlus voting no ORDINANCES ON FIRST READING Item 3. Council Bill 19-2002 - An ordinance providing for the approval of change of zone from Commercial-One and Residential-Three to Planned Mixed use Development for property located at 5630 West 38th Avenue, City of Wheat Ride, County of Jefferson, State of Colorado (Case No WZ-02-06) (Balmar Management, LLC) Council Bill 19-2002 was introduced on first reading by Mr Edwards, who also read the title, summary and background Motion by Mr Edwards that Council Bill 19-2002 be approved on first reading, ordered published, public hearing be set for Monday, August 12, 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 Schneider; carried 8-0 Item 4 Council Bill 22-2002 - An ordinance amending Chapter 18 of the Code of Laws of the City of Wheat Ridge, Colorado, by entitling said chapter "Arts and Culture" and by the addition of an Article I concerning the acquisition, display ownership and disposal of public works of art. Council Bill 22-2002 was introduced on first reading by Ms Figlus, who also read the title, summary and background CITY COUNCIL MINUTES"" July 8, 2002 4 Motion by Ms Figlus that Council Bill 22-2002 be approved on first reading ordered published, public hearing be set for Monday, July 22, 2002 at 700 P m in City Council Chambers, Municipal Building, and if approved on second reading take effect 15 days after final publication, seconded by Mr Hanley Motion by Mr Schneider for an amendment that staff prepare for second reading information who might sit on those committees as voting members He wants to make sure that there wouldn't be a conflict of interest on any of the voting members, seconded by Ms Rotola, carried 8-0 Motion as amended carried 8-0 Item 5. Council Bill 20-2002 - An ordinance directing disposal by demolition of three city-owned buildings located at 4900 Marshall Street. Council Sill 20-2002 was introduced on first reading by Mr Gokey, who also read the title, summary and background Motion by Mr Gokey that Council Bill 20-2002 be approved on first reading, ordered published, public hearing be set for Monday, July 22, 2002 at 700 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect upon adoption, as permitted by Section 5 11 of the Charter; seconded by Mr Mancinelli, carried 8-0 Item 6. Council Bill 21-2002 - An ordinance directing disposal by demolition of a city- owned building located at 6287 West 48th Place Council Bill 21-2002 was introduced on first reading by Mr Gokey, who also read the title, summary and background Motion by Mr Gokey that Council Bill 21-2002 be approved on first reading, ordered published, public hearing be set for Monday, July 22, 2002 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect upon adoption, as permitted by Section 5 11 of the Charter; seconded by Mr Mancinelli, carried 8-0 CITY COUNCIL MINUTES" July 8, 2002 5 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6. A. Motion to approve contracting the services of a Project Manager for the completion of 38th Avenue Streetscape Pilot Project. Item 6 A. was introduced by Mr Schneider, who also read the summary and background Motion by Mr Schneider to award the contract for services of Project Manager to CMIS in the amount of $12,000 and further, to authorize the City Manager to sign the services contract to CMIS in a form approved by the City Manager and City Attorney; seconded by Mr Edwards, carried 8-0 Item 6 B Motion to approve contracting the services of a Project Manager for construction of Phase II and III, Manwaring Field Item 6 was introduced by Mr Schneider, who also read the summary and background Motion by Mr Schneider to award the contract for services of Project Manager to CMIS in the amount of $36,750 to be transferred from unallocated reserve and charged to Acct. No 54-601-800-877, I further move to authorize the City Manager to sign the services contract to CMIS in a form approved by the City Manager and City Attorney; seconded by Mr Edwards, carried 8-0 Item 6.C. Reimbursement of the Urban Renewal Authority Mr Edwards introduced Item 6 C and read summary and background Motion by Mr Edwards to approve the reimbursement of the Urban Renewal Authority for repair costs to the Town Center Fountain, and, further, to approve a supplemental appropriation from Acct. No 01-603-800-812 in the amount of $120,979, seconded by Mr Mancinelli, carried 8-0 Item 7. CONSENT AGENDA: A. Approval of Fee policy for Parks and Recreation Department. B Motion to award RFQ-02-20 Kipling Street Improvement Design, to Muller Engineering Company, Inc for the total amount of $47,000 C Motion that Foothills Vegetation Management be awarded the bid for Herbicide Services in the amount of their bid of $14,560 Costs come from Acct. No 01-605-700-704 CITY COUNCIL MINUTES" July 8, 2002 6 D Approval of Expenditures over $5,000 E Motion to approve the purchase of a new water tap from Wheat Ridge Water in the amount of $44,000, to be charged to Acct. No 32-601-800-862 F Award bid RFB-02-025, Manwaring Field Phase II & III, to Designscapes Colorado, in the total amount of $677 726 Consent Agenda was introduced and read by Mrs Rotola Mr Schneider pulled F Ms. Figlus pulled B Motion by Mrs Rotola for approval of Consent Agenda, Items A. C D E as printed, seconded by Mr Edwards, carried 8-0 Motion by Mr Schneider to approve F as printed, seconded by Mr Edwards, carried 8-0 Motion by Ms. Figlus to approve B as printed seconded by Mrs Rotola, carried 8-0 CITY MANAGER'S MATTERS Mr Young stated we might not have mid-year numbers until July 15's Study Session and Council will also be updated on Sales Tax Figures ELECTED OFFICIALS' MATTERS Mr Mancinelli asked the City Manager to take care of the accuracy of Channel 8, it showed that District II meeting had been canceled, which was not correct. He thanked the 17 citizens that showed up for the meeting Motion by Mr Schneider to direct staff and the City Attorney to bring back to a Study Session in July or August any previous recommendations and to further clarify, limit or remove parking and/or storage for all vehicles in a nonoperative condition as described in Section 15-4 This should also clarify the total number of vehicles, trailer types, size of trailers in general, that are allowed on a residentially zoned piece of property; seconded by Mr Gokey; carried 8-0 Motion by Mr Gokey that the City Manager be directed to bring back a dollar amount associated with the demolition of the buildings on Manwaring Field so we can coordinate Phase II and III of the Manwaring Field if the demolition ordinances pass on second reading, seconded by Mr Mancinelli, carried 8-0 CITY COUNCIL MINUTES" July 8, 2002 7 Meeting adjourned at 8 15 P m (\\ \\ ~'(\iJ\'(i'- " ,'\~j \\r-:;, Christa Jones, Deputy 'City Clerk .J I i 11'~ "1'-"" \ ~~ ,,-, L' _..L I -.\.I-- ~ APPROVED BY CITY COUNCIL O~BY A VOTE OF ~ to 0 i~ /)/} ct~u~ 4: Ralph fIi1ancinelli, Council President The preceding Minutes were prepared according to &47 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