HomeMy WebLinkAbout08/26/2002
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
August 26, 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 Parks and Recreation, Joyce Manwaring, staff; and interested citizens
APPROVAL OF MINUTES OF August 12. 2002 Regular Meeting and Special Meeting
Motion by Mr DiTullio for the approval of the Minutes of August 12 2002 with the following
amendment: That all comments made under Agenda Item 10 I be made part of the record
and I further move that the Special Meeting Minutes be approved, seconded by Mr Gokey;
carried 8-0
PROCLAMATIONS AND CEREMONIES
Mayor Cerveny read Proclamation for National Alcohol and Drug Addiction Recovery Month -
September 2002
CITIZENS' RIGHT TO SPEAK
There was no one present to speak.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
Request for approval of a preliminary subdivision plan and final subdivision plat
for property located at 3701 Depew Street.
(Case No WS-01-01) (Steve Konsella)
Item 1 was introduced by Mr DiTullio, summary and background were read by the Clerk.
Applicant, Steve Konsella, was sworn in by the Mayor and explained his plans for the
property The property consists of almost 2 acres and he is planning eight residential lots
The old farm house will remain, as well as most of the old trees
Wheat Ridge Planner, Travis Crane, was sworn in by the Mayor and presented the staff
report.
CITY COUNCIL MINUTES' August 26, 2002
Page -2-
The following speakers were sworn in by the Mayor'
Cheryl Brungardt, 5621 West 36th Place, came to the Planning Commission Meeting with a
group of approximately 15 people, their turn to speak was not until 1 0'30 pm, so it looked
like she was the only person there that cared, because other people had to go home earlier
She is mainly concerned about the increased traffic; there are 38 families in a half block area
She asked Council to vote no on this item
James Meeker, has lived at 3yth & Eaton for 46 years was very concerned about traffic and
lack of parking in the area.
Dennis Brungardt, he agreed with Cheryl Brungardt's comments, he was also concerned
about traffic, parking and safety issues
Louis D. Lemanske, 5631 West 36th Place, was concerned about drainage issues and
wondered how that would be addressed He was also concerned about additional traffic
Mr DiTullio declared for the record that he had received e-mails from Cheryl Brungardt and
that Mr Meeker is his uncle He gave history of this property, which used to be zoned R-3
and allowed 21 per acre In 1996 the former owners asked Council not to rezone this
property because they could build so many more units At that time Cheryl Brungardt and Mr
Meeker came in and spoke in favor of rezoning Mr Schneider, Mr Edwards, and Ms Figlus
acknowledged that they had also gotten e-mail from Ms Brungardt.
Mr DiTullio asked Mr White if the applicant had followed all the rules of Chapter 26, answer
was yes Are there any outstanding issues the Council needs to be aware of; answer was
no
Mr Dahl asked that Council disclose the basic message of the e-mails for the record One
message was that the plan had changed from the neighborhood meeting to tonight's meeting
and the plan on screen The other was that the signs on the property had been knocked
down or were missing and the neighbors wanted to make sure that everybody could see
them Ms Figlus stated that the e-mail she received asked that the neighborhood be
protected and asked for support of the neighborhood
Preliminary Subdivision Plan
Motion by Mr DiTullio to approve Case No WS-01-01, a request for approval of a preliminary
subdivision plan for property located at 3701 Depew Street and zoned R-1 C for the following
reasons
1 The subdivision meets all requirements of the subdivision regulations
2 The proposed lots all meet the minimum lot area and lot width requirements of the R-C
zone district regulations,
seconded by Mr Edwards, carried 8-0
CITY COUNCIL MINUTES' August 26, 2002
Page -3-
Final Plat:
Motion by Mr DiTullio to approve Case No WS-01-01, a request for approval of a final plat
for property located at 3701 Depew Street and zoned R-1 C for the following reasons
1 The subdivision meets all requirements of the subdivision regulations
2 The proposed lots all meet the minimum lot area and lot width requirements of the R-
1 C zone district regulations
3 The final plat is consistent with the preliminary subdivision plan
With the following condition
The parkland dedication fees as recommended by the Parks and Recreation Department
be collected prior to plat recordation with Jefferson County;
Seconded by Mr Edwards, carried 8-0
Item 2.
Council Bill 28-2002 - establishing the Wheat Ridge Cultural Commission
Council Bill 28-2002 was introduced on second reading by Mr Schneider, who also read the
summary and background, Clerk assigned Ordinance No 1263 Mr Schneider had
submitted a new Council Bill, where the word "art" had been stricken in several places and
the work "cultural" had been added in several sections
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Ron Gehauf, active member of the Arts Council of Wheat Ridge, as well as the Colorado
Folk Arts Council, and other Arts and Cultural Organizations, wondered what the role of this
new commission would be and why it was being established Will this supersede the Arts
Councilor will they work together in unison He felt it would have been courteous if the Arts
Council had been informed of this action
Mr Schneider stated that this would be the official commission of Wheat Ridge and would
supersede the Arts Council.
Mr DiTullio and Mr Edwards invited Mr Gehauf to be on the commission and stated that this
commission would work hand in hand with the Arts Council and other Arts Organizations
Motion by Mr Schneider to approve Council Bill 28-2002 (Ordinance 1263) new version and
that Sec. 2-55 (a) be changed to read shall consist of nine (9) members Two shall be
appointed from each Council District and a ninth would be appointed at large by the City
Manager; seconded by Mrs Rotola, carried 8-0
ORDINANCES ON FIRST READING
Item 3.
Council Bill 30-2002 - An Ordinance adopting by reference the Wadsworth
Boulevard Corridor Plan
(Case No ZOA-02-05)
Council Bill 30-2002, Case No ZOA-02-05, was intrc.duced on first reading by Mr Mancinelli,
who also read the summary and background
CITY COUNCIL MINUTES August 26, 2002
Page -4-
Motion by Mr Mancinelli that Council Bill 30-2002 (Case No ZOA-02-05) be approved on first
reading, ordered published, public hearing be set for Monday, September 23, 1996 at 700
P m in City Council Chambers, Municipal Building, and if approved on second reading, take
effect immediately upon adoption, seconded by Mr Edwards, carried 7-1 with Mr Gokey
voting no
Mr Gokey does not believe they addressed the real traffic issues, he and Mr Mancinelli have
received countless calls in District II about traffic cut-throughs, speeding through the
neighborhood, because Wadsworth doesn't work. This plan meets minimum requirements
We need to plan more for the future
DECISIONS. RESOLUTIONS, AND MOTIONS
Item 4
Resolution 18-2002 - approving Intergovernmental Agreement with County
regarding coordinated election
Resolution 18-2002 was introduced by Mr Gokey Clerk read summary and background
Motion by Mr Gokey to adopt Resolution 18-2002 and authorize the City Clerk to sign the
Intergovernmental Agreement with Jefferson County; seconded by Mrs Rotola, carried 8-0
Item 5
Resolution 19-2002 - approving Intergovernmental Agreement with County
regarding mailed notice concerning ballot issues (TABOR)
Resolution 19-2002 was introduced by Mr Gokey Clerk read summary and background
Motion by Mr Gokey to adopt Resolution 19-2002 and authorize the City Clerk to sign the
Intergovernmental Agreement with Jefferson County; seconded by Mr DiTullio, carried 8-0
Item 6.
Resolution 20-2002 - submitting a ballot question to the voters at the November
5, 2002 election concerning sales tax.
Resolution 20-2002 was introduced by Mr DiTullio, who also read the summary and
background
Motion by Mr DiTullio to adopt Resolution 20-2002, submitting a Ballot Question to the voters
of the City at the November 5, 2002 Election, concerning Sales Tax. I further move that the
Resolution as presented on August 26, be amended to present only the proposed one cent
sales tax increase with a five year term, as a single yes or no question, seconded by Mr
Gokey
CITY COUNCIL MINUTES"' August 26, 2002
Page -5-
Mr DiTullio asked that the City Attorney read into the record the items that this increase
would be used for They are Expansion of Senior Programs, General Daily Services and
Operating Expenses, Police Department Radio Communications Upgrade, Streetscape
Projects, and Utility Undergrounding
Motion carried 8-0
Item 7.
CONSENT AGENDA.
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A Award RFB-02-038, Davis Property, to Ash and White Construction
Company in the total amount of $549,800; establish a 10% contingency in
the amount of $54,900 The total combined amount is $604,700
B Motion to approve the Environmental Covenant for the Davis Property at
3705 Jay Further move for acceptance of the Brownsfield Grant in the
amount of $50,000 from the State of Colorado
C Management Responsibility for Richards-Hart Estate duplex to Housing
Authority
D Award DQ-02-052, Video Detection Camera Equipment for 38th Avenue to
AM Signal, Inc in the total amount of $13,035
E Award RFP-02-040 to Logistic Systems, Inc in the amount of $306,480,
establish a contingency in the amount of $31 ,000
F Award RFB-02-041, Replacement Computers for 2002, to Milestone
Computer Technology, Inc. in the total amount of $14,105, also award
Multiwave, Inc. for line items 2 and 3, in the total amount of $27,740 Total
combined amount is $41,845
Consent Agenda was introduced and read by Mr DiTullio Mr Gokey asked to remove B
and E. from the Consent Mr Hanley asked to remove A Ms Figlus asked to remove C
Motion by Mr DiTullio for approval of Items D and F , seconded by Mr Edwards, carried 8-0
7A.
Mr Hanley asked for an explanation of the various funds, which Parks Director, Joyce
Manwaring, provided
Motion by Mr DiTullio for approval of 7 A seconded by Mr Edwards, carried 8-0
Mr Gokey feels that the design that is presently on the table works extremely well and
addresses many of the issues that this particular piece of property presents as far as the
environmental problems He supports this Park fully He does not support other aspects of
it.
Mr Schneider stated that the bids received for this project are under budget and that we
saved money on this by doing it in one phase
CITY COUNCIL MINUTE~ August 26, 2002
Page -6-
7 B
Mr Gokey asked that the Parks Director give a description of what's going to be done about
the environmental issues Mrs Manwaring explained the process of building the park and
limiting access to the contamination rather than hauling off the soil For that reason the State
is giving us the $50,000 grant and their approval There will be some importing of clean
topsoil and sod will go on top of that
Motion by Mr DiTullio for approval of 7 B, seconded by Mr Edwards
Mr Gokey will not support this because this property is contaminated
Mr Mancinelli agrees with Mr Gokey He agrees that this will be the best use for the land,
but is very troubled about the wording in Covenant, particularly the words "in perpetuity"
Mr DiTullio and Mr Schneider don't understand why we would not pass this and turn down
the $50,000 Grant Money from the State
Mr Edwards stated that most of the undeveloped land in this area is probably contaminated
in some way due to the agricultural and greenhouse use in the past
Motion carried 6-2 with Mr Gokey and Mr Mancinelli voting no
7C
Ms Figlus asked for an explanation why this is being turned over to the Housing Authority
and how the funds will be used
Mr DiTullio stated that it didn't seem logical that the Parks Department would maintain
housing stock in the City WRHA would assume the revenues and expenses associated with
the duplex. This will not affect the current tenants
Motion by Mr DiTullio to approve 7 C, seconded by Mr Schneider; carried 8-0
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7 E.
was introduced by Mr Gokey; summary and background read by the Clerk.
Motion by Mr Gokey to move this to the first available Study Session in September to review
this entire item and discuss this, seconded by Mrs. Rotola.
Mr Schneider moved for an amendment that the City Manager come back with
recommendations on how the IT Department can participate in this project to save the City
money; seconded by Mr Hanley
Motion by Mr Schneider for an amendment to his amendment that the staff also comes back
with recommendations on what else they can do with that $35,000 if this doesn't pass,
seconded by Mr Hanley; carried 8-0
Mr Schneider's amendment as amended carried 8-0
CITY COUNCIL MINUTES' August 26, 2002
Page -7-
Motion by Mr Edwards for a substitute motion to plar.e this on the September 9, 2002
Agenda so we don't lose the Grant; the interested Councilmembers can hold a meeting and
discuss the details of the Item, seconded by Mr DiTullio
Mr Schneider will not support this, he has too many issues with what is in here
Mr Gokey will not support this either, there is so much material to digest and so many other
issues that are related to this
Mr DiTullio urged Council to support this motion and those Councilmembers who wish to
know more about this should go to the meeting, not everybody wants to be exposed to this
He has no problem with what the Police Department is trying to accomplish here
Motion by Mr Gokey to suspend the Rules and allow Councilmembers to speak twice on this
motion, seconded by Mr Schneider; failed 4-4 with Councilmembers Edwards, Mancinelli,
Rotola, and DiTullio, voting no (This needed 6 votes to pass)
Mr Mancinelli won't support anything but the Study Session on this and if we lose the Grant,
so be it. This program is going to take $35 000 per year in maintenance This is of great
concern to him since we are dealing with a 2% budget cut this year and possibly 5% next
year
Mr Edward's substitute motion failed 3-5 with Councilmembers DiTullio, Figlus, and Edwards
voting yes
Mr Gokey's motion carried 5-3 with Councilmembers DiTullio, Edwards, and Figlus voting no
Motion by Mr Schneider for an amendment to have the City Manager arrange that Mr Hurst
and Mr Cassa attend that Study Session and that Council Meeting and any other meeting
where that subject is discussed, seconded by Mr Gokey; carried 5-3 with Councilmembers
DiTullio, Edwards, and Figlus voting no
Main Motion as amended carried 5-3 with Councilmembers Figlus, DiTullio, and Edwards
voting no
CITY ATTORNEY'S MATTERS
Jerry Dahl referred to his memo dated August 20, 2002, which outlined the procedure for
public hearings in zoning cases and recommended to re-establish the old practice of hearing
the staff report first Motion by Mr Mancinelli to accept the changes that Mr Dahl
recommended and to bring it forward for the process to change the Council Rules, seconded
by Mr Hanley; carried 8-0
CITY COUNCIL MINUTES' August 26, 2002
Page -8-
ELECTED OFFICIALS' MATTERS
Ms Figlus commended the Economic Development Department for their hard work on putting
together the new business directory
Motion by Ms Figlus to place the topic of economic development in Wheat Ridge and the role
of the Economic Development Task Force on the October Study Session Agenda, seconded
by Mr Hanley; failed 2-6 with Councilmembers Hanley and Figlus voting yes
Mr Schneider commended Mr Young for his hands-on approach on City Projects
Whenever Mr Schneider is driving around, he sees Mr Young walking about on different
projects
Mr Schneider also feels that the business directory should give a short description as to what
the business does, perhaps also give a web address if they have one
Mr Hanley invited citizens to come to the Council Meetings
Mr DiTullio gave update on Housing Projects, he thanked State Representative, Cheri Jahn,
for coming over and cleaning 12 of the 14 units free of charge, he commended Bob Olsen for
his Chronicle Paper Mr Olsen no longer publishes the paper
Mr Edwards asked for consensus for Mr Young to work with the Planning Department
regarding the issue of posting signs, we don't have a clear policy when signs get torn down or
there is a problem with posting, it delays developers and is frustrating for the neighborhood
and creates unnecessary conflict; figure out how we can resolve this, consensus was 8 in
favor
Motion by Mr Gokey that a Resolution be brought forth rescinding Resolution 04-2001, which
created the Economic Development Task Force, at the next regular meeting in September I
further move that an Ordinance be brought forth creCiting a Wheat Ridge Business
Commission, with a minimum membership of 4 members. The commission's duties are to be
recommended by the City Manager and Economic Development Director/Coordinator in the
Ordinance seconded by Mr Schneider
Mr Edwards will support this, but he feels we should not be limited to Wheat Ridge citizens,
but also allow Wheat Ridge business owners to participate
Mr DiTullio doesn't see the point in eliminating the Task Force and then creating another
Task Force
Motion by Mr Schneider that the people that have served on this Task Force be recognized
and be asked to participate in the new commission or at least come in and apply to
participate, seconded by Mr DiTullio carried 8-0
CITY COUNCIL MINUTES August 26, 2002
Page -9-
Motion by Mr Schneider for a substitute motion to keep the original motion, but for staff to
come back with any recommendations whatsoever; seconded by Mr DiTullio, tied 4-4 with
Councilmembers Hanley, DiTullio, Gokey and Figlus voting no Mayor broke the tie by voting
yes Motion carried 5-4
Original Motion as amended carried 6-2 with Mr Hanley and Ms Figlus voting no
Mr Mancinelli thanked Bob Olsen for his accurate reporting and knowledge of History of
Wheat Ridge and background information on many subjects
Meeting adjourned at 10'30 P m
I
~-:~?[,v..iltL--,_'L~I'( <
Wanda Sang, City G'rerk
APPROVED BY CITY COUNCIL ON September 9, 2002 BY A VOTE OF l to C
[''',-OIL, 7 ~c'L ~ (( {
Ralph Manci elli, 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
Addendum to City Council Minutes of August 26, 2002
At the City Council Meeting of September 9, 2002, Councilmember Figlus asked
that her comments regarding the disbanding of the Economic Development Task
Force be made part of the Minutes
Her comments were as follows
It is very important for the City Council to discuss the whole topic of Economic
Development at a Study Session to give clear direction and to discuss the role of
the Economic Development Task Force There are very valuable things that the
Council should hear from people, for example, Walt Pettitt, who urged me to put
this request on the agenda, that there is valuable talent in the City that we would
be wise to hear A Study Session would be the appropriate place to do that