HomeMy WebLinkAbout08/12/2002
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
August 12. 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 July 22. 2002
Motion by Mr DiTullio for the approval of the Minutes of July 22, 2002, seconded by Mr
Schneider; carried 7-0 with Mr Hanley abstaining
Mayor Cerveny stated that Boy Scout Troop #135 was present and Kevin stated that they are
working on the Journalism and Communications Merit Badge and thanked Council and the
Mayor for having them here tonight
CITIZENS' RIGHT TO SPEAK
Ernie Bisgard, 4090 Yarrow Street, addressed the issue of the speed bump located
between Yarrow Street and Wadsworth Blvd on West 41st Avenue, it is not working as
it was intended It has created a hazardous and noisy condition all hours of the day and
night He asked that the speed bump be removed
Mark Hester, 4095 Yarrow Street, agreed with Mr Bisgard that the speed bump is not doing
what is was intended to do, and that is to slow traffic down This is the most aggressive bump
he has seen in the City He has seen ladders and toolboxes falling out of trucks tires
squealing, cars accelerating, slowing down and then accelerating again He would like to see
the bump removed It is not doing what it was supposed to do
Dennis Hockman, 7661 West 41st Avenue, also spoke regarding the speed bump, people
drive on the sidewalk to avoid it; it is noisy and dangerous Please remove it.
Motion by Mr Mancinelli to forward these concerns to our Public Works Advisory Committee,
seconded by Ms Figlus, carried 8-0
Louise Turner, 11256 West 38th Avenue, expressed her concerns about important items being
put on the Consent Agenda The Consent Agenda is for house-keeping measures only not for
large amounts of money being spent without public input
CITY COUNCIL MINUTES August 12, 2002
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PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
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 second reading by Mr DiTullio who also read
the title Clerk read summary and background and assigned Ordinance No 1258
Dave Galloway, representing Balmar Management Group, was sworn in by the Mayor
He explained that there is a threefold plan before Council A rezoning from
Commercial-One and Residential-Three to Planned Mixed Use Development; a plat,
that is going to create multiple lots, both residential and commercial in nature, and a
final development plan
Meredith Reckert, Senior Planner, was sworn in by the Mayor and presented the staff
report.
Betsy Sharpe, 5667 West 38th Avenue, was sworn in by the Mayor; she questioned
what type of retail stores will be put in and where will the parking be and will there be a
traffic problem?
Motion by Mr DiTullio to approve Council Bill 19-2002 (Ordinance No 1258) and further
move to approve a preliminary development plan, for the following reasons
1 All requirements for a Planned Mixed Use Development District preliminary
development plan have been met
2 The proposal is consistent with the Comprehensive Plan and Streetscape and
Architectural Design Manual
3 This proposal will create less traffic impact than if the land were developed with
the current C-1 zoning,
seconded by Mr Edwards, carried 7-1 with Mr Hanley voting no
Motion by Mr DiTullio to approve the Planned Mixed Use Development final
development plan for property located at 5630 West 38th Avenue, Case No WZ-02-06,
for the following reason
1 It is consistent with the Preliminary Development Plan and generally consistent
with the City's commercial development standards
With the following condition
1 the homeowners association covenants be finalized prior to recording of the
mylars with the Jefferson County Clerk and Recorder's Office
seconded by Mr Edwards, carried 7-1 with Mr Hanley voting no
CITY COUNCIL MINUTES" August 12, 2002
Page -3-
Motion by Mr DiTullio to approve the subdivision plat being considered concurrently with Case
No WZ-02-06 for property located at 5630 West 38th Avenue, for the following reasons
1 The subdivision is consistent with the proposed final development plan
2 All requirements of the Subdivision Regulations have been met
With the following condition
1 Payment of $13,800 be received in lieu of park land dedication as recommended
by the Parks and Recreation Commission,
seconded by Mr Edwards, carried 7-1 with Mr Hanley voting no Mr Hanley is
concerned about this size of development going in an area consisting of 1 4 acres, and
also the amount of traffic being generated
Item 2.
Council Bill 24-2002 - An ordinance abolishing the Civil Service
Commission and amending all references to the Commission in the Code
of Laws of the City of Wheat Ridge
Council Bill 24-2002 was introduced on second reading by Mr Schneider Clerk read
summary and background and assigned Ordinance No 1259
Motion by Mr Schneider that Council Bill 24-2002 (Ordinance 1259) be approved on
second reading, as amended, and take effect 15 days after final publication, seconded
by Mr DiTullio, carried 8-0
Item 3
Council Bill 23-2002 - An ordinance abolishing the Personnel Commission
and amending all references to the Commission in the Code of Laws of
the City of Wheat Ridge
Council Bill 23-2002 was introduced on second reading by Mr DiTullio Clerk read the
summary and background and assigned Ordinance No 1260
Motion by Mr DiTullio to approve Council Bill 23-2002 (Ordinance 1260) on second
reading, as amended, and take effect 15 days after final publication, seconded by Mr
Schneider; carried 8-0
Item 4.
Council Bill 25-2002 - An ordinance submitting a proposed amendment to
the Wheat Ridge Home Rule Charter to the voters of the City pursuant to
Charter Section 16 8(b). concerning the Office of City Clerk.
Council Bill 25-2002 was introduced on second reading by Mr DiTullio who also read
summary and background Clerk assigned Ordinance No 1261
CITY COUNCIL MINUTEs- August 12, 2002
Page -4-
Motion by Mr DiTullio that Council Bill 25-2002 (Ordinance 1261) be approved on second
reading, published by title, and take effect 15 days after final publication, seconded by Mr
Edwards
Motion by Ms. Figlus that the words "as a department head be stricken from the ordinance
seconded by Mr Hanley; failed 3-5 with Councilmembers Hanley, Gokey, and Figlus voting
yes
Original Motion carried 8-0
Item 5.
Council Bill 26-2002 - An ordinance submitting a proposed amendment to
the Wheat Ridge Home Rule Charter to the voters of the City pursuant to
Charter Section 16 8(b), concerning the Office of Treasurer
Council Bill 26-2002 was introduced on second reading by Mr Mancinelli who also read
summary and background Clerk assigned Ordinance No 1262
Motion by Mr Mancinelli that Council Bill 26-2002 (Ordinance 1262) be approved on
second reading, published by title, and take effect 15 days after final publication,
seconded by Mr Gokey
Motion by Ms Figlus that the words "as a department head" be stricken from the ordinance,
seconded by Mr Hanley; carried 8-0
Original Motion as amended carried 8-0
Mr Dahl suggested that a motion be made to ask that "as a department head" be stricken from
Section 2, which is the Ballot Title
Motion by Mr DiTullio to strike the language "as a department head" from Section 2,
seconded by Ms Figlus, carried 8-0
Item 6.
Motion to override the Mayor's veto of Council 17-2002, thereby allowing
Ordinance No 1256 to take effect immediately
Item 6 was introduced by Mrs Rotola, who also read the summary and background
Motion by Mrs Rotola to override the Mayor's veto of Council Bill 17-2002, thereby
allowing Ordinance No 1256 to take effect immediately; seconded by Mr DiTullio
CITY COUNCIL MINUTES' August 12, 2002
Page -5-
Elaine Gendron, is a resident and owner of a small commercial building in the area of
38th and Kipling She thanked the Mayor for vetoing the ordinance It takes 2 - 3
weeks to get a handyman for a non-emergency job 7 days is not sufficient. If she
leaves town and receives a graffiti notice from the City, she might not receive it in time
She suggested that graffiti vandals be fined and made to do community service Their
fines are used for cleaning and other materials which can be used to remove the graffiti
Their community service time is spent cleaning up the actual graffiti
John Marriott, business owner and property owner in the City of Wheat Ridge, asked
Council to respect the Mayor's veto The ordinance does not provide near enough time
to accomplish what is requested here No one wants to see graffiti on their property any
longer than necessary, however to get it removed or remove it yourself, is not practical
in that short period of time Re-write the ordinance to not make property owners be on
the wrong side of City enforcement
Motion carried 6-2 with Mr Hanley and Ms Figlus voting no Ms Figlus feels we are
victimizing the victims, the City should clean up the property and then bill the owner
Mr Hanley suspects it would cost the City very little to clean up the properties and all
our goals would be accomplished
ORDINANCES ON FIRST READING
Item 7.
Council Bill 27-2002 - An ordinance providing for the approval of change
of zone from Residential-Two to Planned Commercial Development and
for approval of a preliminary development plan for property located at
3502 Wadsworth Blvd, City of Wheat Ridge, County of Jefferson, State of
Colorado
(Case No WZ-02-02) (Roger Loecher)
Council Bill 27-2002 was introduced on first reading by Mr DiTullio, who also read the
title
Motion by Mr DiTullio that Council Bill 27-2002 be approved on first reading, ordered
published, public hearing be set for Monday, September 9, 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
Item 8.
Council Bill 28-2002 - An Ordinance establishing the Wheat Ridge
Cultural Arts Commission
Council Bill 28-2002 was introduced on first reading by Mr Schneider, who also read
the title, summary and background
CITY COUNCIL MINUTES- August 12, 2002
Page -6-
Motion by Mr Schneider that Council Bill 28-2002 be approved on first reading, ordered
published, public hearing be set for Monday, August 26, 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 Hanley; carried 8-0
Item 9.
Council Bill 29-2002 - An Ordinance amending Section 26-621 of the
Wheat Ridge Code of Laws pertaining to parking in residential areas
Council Bill 29-2002 was introduced on first reading by Mr Schneider, who also read
the title, summary and background
Motion by Mr Schneider that Council Bill 29-2002 be approved on first reading, ordered
published, public hearing be set for Monday, September 23, 2002 at 7 00 P m in City
Council Chambers, Municipal Building, and if approved on second reading, take effect
immediately upon adoption, with the following amendments
1 Add the following sentence to the end of Subsection C
For the purpose of this subsection C, permanent or temporary carports, frame covered
structures, tents, or other temporary structures shall not be used to store or conceal
such recreational vehicles
2 Replace Subsection F in its entirety with the following new subsection
F In residential zone districts, one (1) vehicle in non-operative condition as
defined in Section 15-4 of the Code of Laws may be stored outside upon
property owned by the vehicle owner Such vehicle shall be completely
covered with a standard vehicle cover designed and manufactured for the
purpose of covering a vehicle Such cover shall be of a single earth tone
or neutral color and shall be maintained in good condition free from holes,
rips, tears, or other damage Tarps, plastic sheets, or any other type of
material not specifically designed and manufactured to cover a vehicle
shall not be used to cover a non-operative vehicle For the purposes of
this subsection F, permanent or temporary carports, frame covered
structures, tents, or other temporary structures shall not be used to store
or conceal such non-operative vehicles,
seconded by Mrs. Rotola, carried 8-0
CITY COUNCIL MINUTES"" August 12, 2002
Page -7-
DECISIONS, RESOLUTIONS. AND MOTIONS
Item 10
CONSENT AGENDA.
A. Motion to approve the transfer of $102,07006 from the Capital Fund Balance
to the 38th Avenue Streetscape Pilot project, Acct No 30-303-800-855
B. Motion that Council approve the carry-over of 2002 Capital Improvement
Budget funds for the Identified Corridors/Streetscape Master Planning, in the
amount of $150,00000, Acct No 30-303-800-848, to the 2003 Capital
Improvement Budget, Acct No 30-303-800-848
C Motion to approve bid DQ-02-046, Copy Room Remodel/Administrative Area
to Janard General Contractor, Inc. in the total amount of $12,482 00
D Adoption of the revised Personnel Policies
E. Resolution 17-2002 - requesting an extension of the contract with GOCO for
the construction of Phase II of the Manwaring Field
F Resolution 16-2002 - repealing City of Wheat Ridge Resolution 02-1999
G Installation of Speed Humps on Carr Street between 41 st and 44th Avenues
H. Harlan Street Sidewalk and Pedestrian Lighting, West 38th Avenue to West
44th Avenue, Project No S-01-01
I. Asphalt Overlay of Existing Cobble Rock Landscaped Areas on West 38th
Avenue at Urban Court and Union Street
J Approval of sole source purchase of a Tactical Entry Device to TAC Inc , in
the total amount of $7,50000
K. RFP-02-028, Security Guard Services for Municipal Court.
Consent Agenda was introduced and read by Mr DiTullio Mr DiTullio asked to pull H
Ms Figlus asked to pull A and I Motion by Mr DiTullio to approve Items B, C. D, E, F,
G. J, K, seconded by Mr Schneider; carried 8-0
A.
Motion by Mr DiTullio that Council approve the transfer of $102,070 06 from the Capital
Fund Balance to the 38th Avenue Streetscape Pilot Project, Acct No 30-303-800-855,
seconded by Mr Mancinelli; carried 7-1 with Ms Figlus voting no
H.
Doug Udick, co-owner of Eaton-U, Inc., stated his company has built 9 projects for the
City of Wheat Ridge, and completed all of them on time and on budget He asked that
City Council award the contract to Eaton-U because they would do a good job in a
timely manner
CITY COUNCIL MINUTES- August 12, 2002
Page -8-
Motion by Mr Edwards for the adoption of H. as recommended by staff; seconded by
Mr Gokey
Mr DiTullio asked that that the Clerk read Greg Knudson's memo, dated July 15, 2002
into the record, which is the Justification for Rejection of Low Bidder Clerk read the
memo into the record and ended with the conclusion that the Eaton-U, Inc s bid
proposal was rejected for the following reasons
1 The significant unit cost errors within the Eaton-U Inc bid schedule
2 Failure to acknowledge Addendum #4 in Bid Schedule
Motion carried 8-0
I.
Ms Figlus introduced Item 10 I and asked that the Clerk read the summary and
background
Motion by Mr Schneider that Council amend the January 13 1997 motion, and require
that the existing cobble rock landscape area on West 38th Avenue at the Prospect Ridge
and Appletree Lane Subdivisions be removed and replaced as needed, with an asphalt
surface, seconded by Mr DiTullio carried 6-2 with Mr Hanley and Ms Figlus voting
no
Ms Figlus stated that if this changes the flow line, we have not followed our Charter
provisions, if it does not change the flow line, then al: we are doing is taking out the
cobbled area and put in asphalt, that is aesthetically unpleasing and she requested that
the City write to the developer and ask that they replace the plant materials and make
arrangements with the neighboring property owners to maintain that landscaping like
we do with the neighborhood traffic management places that neighbors maintain
Mr Schneider stated he talked to Mr Knudson and he told him this would not violate
our Charter Mr Schneider went out and measured it and we would be at exactly the
same width that the section that is about 30 to 40 ft west of this property is
Mr DiTullio stated that we are trying to undo some bad decision that was made in 1997,
the flow line will be the same as to the west.
Mr Edwards noted that this will not violate the Charter Road Width Designation, which he
wrote and worked to get on the ballot
ELECTED OFFICIALS' MATTERS
Mayor Cerveny expressed her satisfaction with the new Personnel Policy She referred
to the brochure from RTD regarding the proposed cancellation of the Sky Ride
Lena Rotola thanked Nick Fisher, Jack Hurst, and Randy Young for their efforts in
cleaning up District IV
Jerry DiTullio thanked Mr Young for all the work he has done since he has been
appointed City Manager He thanked Mrs Rotola for bringing in the Graffiti Ordinance
CITY COUNCIL MINUTES- August 12, 2002
Page -9-
Motion by Mr Mancinelli to bring several items to future Study Sessions 1 The
number of allowable garage sales in a year; 2 The Board and Commission application
process, seconded by Ms Figlus, carried 8-0
Motion by Mr Schneider that staff and the City Attorney bring back to City Council
recommendations for an Ordinance similar to the City of Arvada's Section 20-31
Causes of blight or blighting factors This ordinance should cover what uses, structures,
and activities are causes of blight or blighting factors, which, if allowed to exist, will tend
to result in blight and undesirable neighborhoods, seconded by Mr Gokey
Motion by Ms Figlus that this be referred to a Study Session at a time scheduled by the
Council President; seconded by Mr Hanley; failed 2-6 with Mr Hanley and Ms Figlus
voting no
Motion carried 6-2 with Mr Hanley and Ms Figlus voting no Ms Figlus will not support
this because she has not had a chance to read Arvada's Code She asked that she be
informed in the future if something like this comes up
Meeting adjourned at 10'38 p m
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Wanda Sang, City Clerk
(
APPROVED BY CITY COUNCIL ON AUGUST 26, 2002 BY A VOTE OF 8 to
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Ralph anclnelll, 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