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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 - 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. - 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 - 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