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HomeMy WebLinkAbout10/14/2002 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO October 14, 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, Administrative Service Director, Patrick Goff; City Attorney, Gerald Dahl, Director of Planning, Alan White, staff; and interested citizens APPROVAL OF MINUTES OF Special Meeting of September 16 2002 and Regular Meeting of September 23, 2002 Motion by Mr DiTullio for the approval of the Minutes of the Special Meeting of September 16, 2002 and the Regular Meeting of September 23, 2002 seconded by Mr Schneider; carried 8-0 CITIZENS' RIGHT TO SPEAK Janice Thompson, 12290 W 42nd Ave, stated that the Wheat Ridge Connection is a wonderful tool to relay City events and would like to see Council look into using the Wheat Ridge Connection to notify citizens on up and coming ordinances APPROVAL OF AGENDA Motion by Mr DiTullio to add Agenda Item 9b, which is a discussion and possible action on Park Naming Conventions per memo dated 10/10/02 per the City Attorney; seconded by Mr Mancinelli, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 31-2002 - An Ordinance providing for the approval of a zone change from Agricultural-One to Planned commercial Development for property located at 10590 W 44th Ave (WZ-01-02) Council Bill 31-2002 was introduced on second reading by Mr Hanley; who also read the summary and background Clerk assigned Ordinance No 1267 Alan White was sworn in by the Mayor and presented the staff report. Mr White asked that the comprehensive plan, zoning ordinance, case file packet of materials and exhibits be entered into record Lisa Aiello, applicant, was sworn in by the Mayor, and requested that Council approve her zoning request Ms Aiello also submitted a listing of Wheat Ridge Citizens who support the zone change CITY COUNCIL MINUTES October 14, 2002 Page -2- The following citizens were sworn in by the Mayor and spoke in favor of Ms Aiello s rezoning proposal Patrick Fink, 10344 W 44th Ave, Lisa Goddard, 6660 W 28th Ave, Judy Acre 6660 ~ ' W 28 Ave., Frank Progar, 4314 Quail St., Becky Taylor, 4435 Grove St, Robert Laird, 4348 Moore, Pat Aiello, 1096 Aspen, Denver Motion by Mr Hanley for approval of Council Bill No 31-2002, an ordinance rezoning property located at 10590 W 44th Ave, Case No WZ-01-02 from Agricultural-One to Planned Commercial Development, and further moved to approve the preliminary and final development plan for the following reasons 1 The rezoning is consistent with the Comprehensive Plan designation of transitional residential on the north side of W 44th Ave 2 The rezoning will not adversely impact the traffic congestion nor the amount of light and air to adjacent properties 3 It is unlikely that the property will be developed under the existing zoning classification of Agricultural 4 The requirements of the City's Planned Development Regulations have been met. 5 The landscape requirements of the City's code have been exceeded 6 The City's parking requirements have been exceeded 7 The drainage report and plan have been approved by the Public Works Department; seconded by Mr Edwards, carried 8-0 Item 2. Consideration of an amendment to the Applewood Village Shopping Center final development plan to allow a 50 foot high freestanding pole sign on property located at 3550 Youngfield (WZ-02-10) Item 2, Case #WZ-02-10, was introduced by Mr DiTullio Meredith Reckert was sworn in by the Mayor and presented the staff report. Ms Reckert distributed two letters that she recently received in opposition to the development plan Ms Reckert asked that the comprehensive plan zoning ordinance, case file packet of materials be entered into record Anne Bork, applicant for Rockbottom Restaurants, was sworn in by the Mayor Ms Bork stated that the restaurant isn't meeting income expectations and they believe that part of the problem is signage visibility especially from 1-70 Terry Jenson designer of the pole sign, was sworn in by the Mayor Mr Jenson stated that the landlord for Old Chicago has approved this pole sign The following citizens were sworn in by the Mayor and voiced their opposition to the pole sign for Old Chicago Pearl Norgard, 3180 Xenon St, Renee' Gearhart, 3155 Wright Ct., Jan Coryell, 3175 Xenon St. and Beverly Tomlinson 3185 Xenon St. CITY COUNCIL MINUTES" October 14, 2002 Page -3- Alan White gave information about the proposed sign and stated that the Planning Department would like to see a comprehensive plan for signage at the shopping center instead of signs for individual businesses Marilynn Force, Economic Development Director, was sworn in and said that she is in favor of the sign and that if it could be seen from 1-70, more people would be drawn into the area. Motion by Mr DiTullio to continue for action only, Case No WZ-02-10, to the October 28, 2002 Council Meeting to allow the applicant time to work with staff and the neighborhood, and work on options for the sign, seconded by Mr Schneider; carried 8-0 Item 3. Council Bill 32-2002 - amending Subsection 15-25(g) of the Code of Laws of the City of Wheat Ridge concerning the storage of junk. Council Bill 32-2002 was introduced by Mr Schneider, who also read the title, summary and background Clerk assigned Ordinance No 1268 Gerald Dahl gave the staff report, and stated that the storage of junk on property will have to be contained inside a permanent structure He also gave the definitions for junk and littering Discussion followed Motion by Mr Schneider to adopt Council Bill 32-2002, and further moved that the ordinance take effect upon adoption, seconded by Mr DiTullio, carried 8-0 ORDINANCES ON FIRST READING Item 4 Council Bill 33-2002 - amending Article IV of Chapter 21 of the Code of Laws of the City of Wheat Ridge concerning Courtesy Bus Benches and Bus Stop Shelters Council Bill 33-2002 was introduced on first reading by Mr Edwards, who also read the title, summary and background Ms Figlus asked that the purpose of the ordinance be explained to the public, so Mr Edwards gave the reasons for it Motion by Mr Edwards that Council Bill 33-2002 be approved on first reading, ordered published, public hearing be set for Monday, October 28, 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 5 Council Bill 34-2002 - amending Section 16-110 of the Code of Laws of the City of Wheat Ridge concerning the Criminal Offense of Domestic Violence to correct references to State Domestic Violence Laws Council Bill 34-2002 was introduced on first reading by Mr Gokey Clerk read the summary and background CITY COUNCIL MINUTES October 14,2002 Page -4- Motion by Mr Gokey that Council Bill 34-2002 be approved on first reading, ordered published, public hearing be set for Monday, October 28, 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 DECISIONS. RESOLUTIONS, AND MOTIONS Item 6. Resolution 26-2002 - Approving the prepayment of the City of Wheat Ridge Colorado, Certificates of Participation Series 1998 (Recreation Center Project), and amending the Fiscal Year 2002 Budget Accordingly Item 6 was introduced by Mr Mancinelli, who also read the summary and background City Treasurer, Ron Patera, stated that a Lease Purchase Agreement was initiated to construct the recreation center Since the center has successfully been open for 2 % years, the City is in a financial position to completely payoff the balance of the remaining principal This action would save the City interest payments of 1 6 million dollars Motion by Mr Mancinelli for approval of Resolution No 26-2002 approving early redemption of Certificates of Participation for construction of the Wheat Ridge Recreation Center and amending the FY 2002 budget accordingly; seconded by Mr Edwards, carried 8-0 Item 7 Adoption of the Open Space Management Plan Item 7 was introduced by Mr Gokey Clerk read the summary and background Motion by Mr Gokey for adoption of the Open Space Management Plan as presented, seconded by Mr DiTullio, carried 8-0 Item 8 Override Mayor's Veto Mr DiTullio introduced Council Bill 29 Clerk read the summary and background Motion by Mr DiTullio to override the Mayor's veto of Council Bill 29-2002 thereby allowing Ordinance No 1265 to take effect October 18, 2002, as originally allowed for in the Ordinance, seconded by Mr Schneider CITY COUNCIL MINUTE~ October 14, 2002 Page -5- Janice Thompson, 12290 W 42nd Ave, believes feels that the Ordinance as it is written is too restrictive It is costly in both time and money to those who own recreational vehicles, and thinks that it penalizes the whole City for just a few cases She would like for Council to notify the residents of the City of Wheat Ridge about this ordinance and asked Council not to override the Mayor's veto Kenneth King, 2949 Vivian St., stated that he did not get the information on this Ordinance until he came across it on the web This ordinance will affect a lot of people For instance, he and all of his neighbors have RV's and none of these RV's are parked on the street but parked in nice places on their property He feels that the ordinance is very vague on what is considered a recreational vehicle He understands what the Council is trying to do but would like to see input from RV users on the ordinance Jim Opp, echoed the statements of the previous speakers Asked Council not to override the Mayor's veto The Mayor read her veto statement dated September 26, 2002 Ms Figlus thanked the speakers who came in and would like to see the Citizens input on a new ordinance that would clarify the issues that are in question Mr Hanley would like to see a compromise that is more reasonable Mr Edwards would like to establish this ordinance then have further dialogue to re-craft sections allowing for greater clarity Mr Schneider stated that a very important part of the ordinance is the section relating to junk on the property He is in favor of taking this ordinance to a future Study Session for review Ms Figlus appreciates that Council members would agree to re-work this ordinance but she believes it would be best to let the Mayor's veto stand and restudy the ordinance at the next Study Session Motion carried 6-2 with Mr Hanley and Ms Figlus voting no Item 9. Request to increase authorized staffing levels in the Animals Parks Code Enforcement Unit from six (6) persons to seven (7) Mr DiTullio introduced Item 9 Motion by Mr DiTullio to move this staff request for increase in the authorized staffing level within the Animal Code Enforcement Unit from six to seven persons, to the November 9, 2002 budget discussion seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES October 14, 2002 Page -6- Item 9 B Park Naming Conventions Item 9 B was introduced by Mr DiTullio Motion by Mr DiTullio that the Parks & Recreation commission be requested to consider and favorably recommend to the City Council the following park names Park at 37th and Jay Street Founders Park Park at 49th & Marshall Street: Creekside Park seconded by Mr Gokey; carried 8-0 Item 10 CONSENT AGENDA. A Award RFB-02-056 2002 Miscellaneous Drainage, Project No D -01- 02, to W~con Construction, Broomfield, CO B West 35t Avenue, East of Wadsworth Drainage Improvement Project, Project No D-02-02 - Request for Council Approval to Encumber Remaining Project Budget. C Approval of City Expenditures over $5,000 Consent Agenda was introduced and read by Mr Hanley Motion by Mr Hanley to approve Items A, Band C, seconded by Mr Mancinelli carried 8-0 ELECTED OFFICIALS' MATTERS Mayor Cerveny informed Council that Edgar Johnson, ex Chairman of the Parks Commission, passed away Sunday October 13, 2002 Ms Figlus wanted to remind everyone that October is Breast Awareness Month Also, the next Business Forum will be at 700 a m on November 7,2002, at the Wheat Ridge Recreation Center The next first Monday Meeting will be November 4, 2002, at the Wheat Ridge Recreation Center for District III and District IV for Budget Discussion Mr Schneider wanted to thank everyone who came in to speak on the Parking Ordinance tonight Motion by Mr Schneider to bring to the next available Study Session a discussion on amending Section 26-621, paragraph A, 8, C, D and E (Residential Parking) Specifically to discuss to allow one (1) detached trailer to be parked or stored outside upon the property owned by the vehicle owner in addition to the one recreation vehicle currently allowed, public safety site triangles, public safety concerns of tall recreation vehicles which do not have to follow the height restrictions the city has for fencing, parking surfaces and out of town RV visitor parking, seconded by Mr Hanley CITY COUNCIL MINUTES October 14, 2002 Page -7- Motion by Mr Gokey for an amendment to move this to a City Affairs Committee to be held on Thursday, October 17, 2002, at 5 00 P m and bring back recommendations to Council, seconded by Mr Schneider; carried 5-3 with Mr Hanley Mrs Rotola and Mr DiTullio voting no OriQinal Motion as amended carried 7-1, with Mr DiTullio voting no Mr Hanley wanted to inform to citizens that Mr Young and Mr Goff will be speaking at the Recreation Center on Monday November 4, 2002 on the budget and how money is spent in Wheat Ridge Mrs Rotola said that her constituents wanted a meeting by themselves, but that she would go along with this combined meeting, and she thanked everyone who came to the last meeting Mr DiTullio spoke about the policy of first reading and second reading and asked the Clerk to explain the policy and the procedures of informing the citizens about these readings Mrs Sang explained these policies and Mr Dahl read the section of the Charter which addresses this process Mr Edwards extended his sympathies to the family of Edgar Johnson who was the designer of Panorama Park. He said that the First Monday meeting on November 4th will be held separately for District I Residents at the Senior Community Center at 7 00 P m Motion by Mr Gokey that the time rules be suspended so that he could speak longer; seconded by Mr Schneider; carried 6-2 with Mr Hanley and Mr DiTullio voting no Mr Gokey made a public apology to Mr Wally Welton and the Consolidated Mutual Water District, who had come to a Study Session and were not notified in advance that Mr Gokey would be asking them very pointed questions He stated that the First Monday meeting for District II will be held on November 4, 2002 He also asked for a consensus from Council to have the City Attorney look at the agreements with all of the water suppliers in Wheat Ridge Consensus was 5-4, with Mr DiTullio, Mr Mancinelli, Ms Figlus and Mrs Rotola voting no Mayor broke the tie by voting yes Mr Gokey thanked everyone who showed up at the Town Meeting Mr Gokey asked for a consensus from Council to bring forth a recommendation to the City Affairs Committee to relax the Inflatable Code along the 1-70 corridor to allow the retailers an opportunity to take the best advantage of the situation to allow for more time, consensus 5-4 with Mr DiTullio Mr Mancinelli Ms Figlus and Mr Hanley voting no, Mayor broke the tie by voting yes Mr Mancinelli relayed to Council that the citizens that he speaks to do not want joint District meetings CITY COUNCIL MINUTES October 14, 2002 Page -8- Meeting adjourned at 10 35 P m APPROVED BY CITY COUNCIL ON OCTOBER 28, BY A VOTE OF 7 to 0 " Ralph Mancinelli, Council President The preceding Minutes were prepared according to &47 of Robert's Rules of Order Ie 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