The URL can be used to link to this page

Home My WebLink About02/24/2003 CITY OF WHEAT RIDGE, COLORADO February 24, 2003 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 Parks & Recreation, Joyce Manwaring, Director of Public Works Tim Paranto staff. and interested citizens. APPROVAL OF MINUTES OF February 10. 2003 Motion by Mr DiTullio for the approval of the Minutes of February 10, 2003, seconded by Mr Schneider; carried 8-0 CITIZENS' RIGHT TO SPEAK Elise Brougham, 3545 Allison Court, representing Wheat Ridge United Neighborhoods, read a letter into the record addressing the Clear Creek Trail Replacement project and asked that once the bids are received, this project be tabled indefinitely and the process be re-bid to the current standards of Greenbelt Trail Construction Jacqueline Weller, 2719 Webster Avenue, asked once again that Council rescind the Psychic Ordinance APPROVAL OF AGENDA Motion by Mr DiTullio to add an item to the Agenda, which will be Item 7 A., which will be the appointment of the District IV Housing Authority member; seconded by Mrs Rotola, carried 8-0 Motion by Mr Gokey to move Item 6 up to be heard before Item 1, seconded by Mr DiTullio, carried 8-0 Agenda as amended carried 8-0 CITY COUNCIL MINUTES~ February 24, 2003 Page -2- Item 6 Resolution 04-2003 - in support of the Great Outdoor Colorado Grant Application for funds to reconstruct the Stevens Elementary School Playground Resolution 04-2003 was introduced by Mr Mancinelli, who also read the executive summary Motion by Mr Mancinelli to approve Resolution 04-2003, seconded by Mrs Rotola Brandi Floyd, Randy Brown, Laura Corral, spoke in favor of the new playground equipment and thanked Council for trying to get this grant. They would like the new playground to be handicapped accessible Motion carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 03-2003 - An Ordinance providing for the approval of rezoning from Agricultural-One to Planned Commercial Development, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-02-09) (Ketelson) Council Bill 03-2003 was introduced on second reading by Mrs Rotola, who also read the summary Clerk assigned Ordinance No 1278 Travis Crane, Planning Department, was sworn in by the Mayor and presented the staff report. Chris Porter, Attorney for Ketelson, was sworn in and asked for approval of the Council Bill, the Outline Development Plan and Final Development Plan Randy Ketelson, applicant, was sworn in by the Mayor and answered questions Outline Development Plan Motion by Mrs Rotola to approve Council Bill 03-2003 (Ordinance 1278), Case No WZ- 02-9, a request for rezoning from Agriculture One to Planned Commercial Development, and approval of an Outline Development Plan for property located south of 9870 West 1-70 Frontage Road South, for the following reasons 1 The change in zone will bring the property into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives, and policies 2 The change in zone will not create an isolated or spot zone district. 3 The zone change is compatible with the surrounding area 4 The change in zone will not adversely affect the public safety or welfare 5 The requirements of an Outline Development Plan have been met. CITY COUNCIL MINUTES- February 24, 2003 Page -3- With the following condition A note shall be added to the Outline Development Plan that reads "The inventory to be stored may not exceed a height of six feet", seconded by Mr Edwards Motion by Mr Gokey for an amendment that 50% of the northern portion of Lot 2 may house vehicles not to exceed 12 feet; seconded by Mr Hanley; carried 6-2 with Mr Edwards and Mr Schneider voting no Mr Edwards is concerned because staff recommended six feet and also future applicants may come back and use this as a precedent. Motion by Mr Schneider for an amendment that nothing higher than 6 feet be placed in the setbacks, seconded by Mr DiTullio Motion by Ms. Figlus to amend the amendment that the 10ft setbacks be observed on the east, west, and south only, not on the north, seconded by Mr Gokey; carried 5-3 with Councilmembers Edwards, Rotola, and Mancinelli voting no Mr Edwards does not believe in last minute changes from the dais Motion on Mr Schneider's amendment as amended tied 4-4 with Councilmembers Hanley, Figlus, Schneider, and DiTullio voting yes Mayor broke the tie by voting no Motion failed 5-4 Original Motion as amended carried 8-0 Final Development Plan Motion by Mrs Rotola to approve Case No WZ-02-09, a request for approval of a Final Development Plan for property located south of 9870 West 1-70 Frontage Road South, for the following reasons 1 It is consistent with the Outline Development Plan 2 It meets the requirements for a Final Development Plan With the following condition A note shall be added to the Final Development Plan that reads As adopted from the Outlining Development Plan, Case No WZ-02-09; seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES- February 24, 2003 Page -4- Item 2. Council Bill 04-2003 - An Ordinance amending Chapter 16 of the Code of Laws of the city of Wheat Ridge, Colorado, by the addition of Section 16- 180, prohibiting the possession of certain Graffiti Materials by Minors Council Bill 04-2003 was introduced on second reading by Mrs Rotola, who also read the executive summary Clerk assigned Ordinance No 1279 City Attorney Gerald Dahl, stated that the attached memo from the Chief of Police explained the intent of the Ordinance Dewey Bridge, Principal at Stober Elementary spoke on behalf of the Wheat Ridge Principals, and they are all in support of this Ordinance Motion by Mrs. Rotola for approval of Council Bill 04-2003 (Ordinance 1279) and that it take effect 15 days after final publication, seconded by Mr Edwards carried 8-0 ORDINANCES ON FIRST READING Item 3. Council Bill 05-2003 - An Ordinance amending Appendix A to Chapter 26 of the Code of Laws of the City of Wheat Ridge (Fee Schedule) Council Bill 05-2003 was introduced on first reading by Mr DiTullio who also read the title and summary Motion by Mr DiTullio that Council Bill 05-2003 be approved on first reading, ordered published, public hearing be set for Monday, March 10, 2003 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading take effect immediately upon adoption, seconded by Mr Edwards, carried 8-0 Item 4 Council Bill 06-2003 - providing for the approval of rezoning from Commercial-One to Residential-One-C for property located at 6015 West 40th Avenue, City of Wheat Ridge County of Jefferson, State of Colorado (Case No WZ-02-14) (Craig Molenaar) Council Bill 06-2003 was introduced on first reading by Mr Mancinelli, who also read the title and summary Motion by Mr Mancinelli that Council Bill 06-2003, Case No WZ-02-14, be approved on first reading, ordered published, public hearing be set for Monday, March 24, 2003 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 Mrs Rotola carried 8-0 CITY COUNCIL MINUTES- February 24,2003 Page -5- Item 5 Council Bill 07-2003 - An Ordinance concerning the terms of office for members of the Cultural Commission Council Bill 07-2003 was introduced on first reading by Mr Schneider, who also read the title and summary Motion by Mr Schneider that Council Bill 07-2003 be approved on first reading, ordered published, public hearing be set for Monday, March 10, 2003 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 Edwards, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 7. Board and Commission Appointments Mr Edwards and Mr DiTullio thanked Bea Slin9sby for her 17 years of service on the Animal Control Commission He also thanked Susan Ford for serving on the Arborist Board for 10 years Motion by Mr Edwards to appoint for District I Eric Reis to the Animal Welfare and Control Commission, term ending 3/2/06 Jean Schilling to the Arborist Board, term ending 3/2/06 William Echelmeyerto the Board of Adjustment, term ending 3/2/06 Kenneth Adams to the Building Code Advisory Board, term ending 3/2/06 Jonathan Puckett to the Parks & Recreation Commission, term ending 3/2/06 Marian McNamee to the Planning Commission, term ending 3/2/06 Karen Berry to the Planning Commission, term ending 3/2/04 Darrell Lane to the Liquor Authority, term ending 3/2/06 Robert Alldredge to the Liquor Authority term ending 3/2/04 Barbara Gallagher to the Cultural Arts Commission, term ending 3/2/05 seconded by Mr DiTullio, carried 8-0 Mr DiTullio explained that Mr Alldredge had asked to be appointed for a 1-year term only and that Barbara Gallagher's term was already staggered as required by the new Ordinance He also thank all the applicants for coming in and talking to Council. CITY COUNCIL MINUTES- February 24, 2003 Page -6- Motion by Mr Gokey to appoint for District II Erna McIntyre to the Animal Welfare and Control Commission, term ending 3/2/06 Charles Spielman to the Parks and Recreation Commission, term ending 3/2/06 Kent Davis to the Liquor Authority, term ending 3/2/06 seconded by Mr Mancinelli, carried 8-0 Ms Figlus thanked Mary Margaret Coates, who served on the Parks and Recreation Commission for 6 years and Chris Thiessen, who served on the Building Code Advisory Committee for 3 years Motion by Ms. Figlus to appoint for District III William Snell to the Liquor Authority; term ending 3/2/06 Dick Matthews to the Parks & Recreation Commission, term ending 3/2/06 seconded by Mr DiTullio Motion by Mr Schneider for the following amendments Brenda Locricchio be appointed to the Liquor Authority. term ending 3/2/06, seconded by Mrs Rotola Mr DiTullio stated for the record that, just like last year, he will vote "yes" on all nominations Amendment carried 6-2 with Mr Hanley and Ms Figlus voting no Motion by Mr Schneider to appoint Ellen Rollins to the Board of Adjustment, term ending 3/2/06 Nancy Snow to the Planning Commission, term ending 3/2/06, seconded by Mrs Rotola. CITY COUNCIL MINUTES"" February 24, 2003 Page -7- Motion by Mr Mancinelli to make an amendment to the Planning Commission appointment by inserting Mike Stites for that Commission, seconded by Mr Schneider Ms Figlus feels this is highly unusual to have somebody from another District go against the wishes of Mr Schneider, who is a District III member; this smacks of backroom politics and manipulation there is no other way to put it. She asked everybody not to support this Amendment carried 6-2 with Mr Hanley and Ms Figlus voting no Motion by Ms Figlus to make an amendment to appoint Jerry Montoya to the Board of Adjustment; seconded by Mr Hanley Mr Schneider will not support this amendment because Ellen Rollins is an architect and will serve us quite well on the Board of Adjustment. She is familiar with a lot of the laws and will be a great asset to us Perhaps Mr Montoya could be appointed to the Building Code Advisory Board Amendment failed 3-5 with Councilmembers Figlus, Hanley, and DiTullio voting yes Original Motion as amended carried 8-0 Motion by Mr Hanley to make the following appoints for District IV Robert Hance to the Animal Welfare and Control Commission, term ending 3/2/06 Robert Jobin to the Arborist Board, term ending 3/2/06 Jo Shaffer to the Arborist Board, term ending 3/2/05 Kent Young to the Board of Adjustment, term ending 3/2/06 Tom Meyer to the Building Code Advisory Board term ending 3/2/05 John Kellow to the Building Code Advisory Board term ending 3/2/06 Kimberly Davis to the Planning Commission, term ending 3/2/06 Judith DiCroce to the Liquor Authority, term ending 3/2/06 Anthony Davia to the Liquor Authority, term ending 3/2/04, seconded by Mr Gokey Motion by Mrs Rotola for an amendment to put Larry Schulz on the Board of Adjustment; term ending 3/2/06, seconded by Mr Schneider; carried 6-2 with Mr Hanley and Ms Figlus voting no Original Motion as amended carried 8-0 CITY COUNCIL MINUTES February 24, 2003 Page -8- Item 7.A. Motion by Mr DiTullio to ratify the Mayor's appointment of Kathryn Fulton to the Wheat Ridge Housing Authority; term ending 3/2/08, seconded by Mrs. Rotola, carried 8-0 Item 8. CONSENT AGENDA. A. Award RFB-03-004, 2003 Asphalt Overlay Program, to Asphalt Paving Company in the amount of $575,065.26 B Payment of $2002 Election Expenses in the amount of $3,61383 from the General Fund, Unallocated Fund Balance Consent Agenda was introduced and read by Mr DiTullio Mr Mancinelli asked to pull Item B Motion by Mr DiTullio for approval of A., seconded by Mr Edwards, carried 8-0 Motion by Mr DiTullio to transfer $3,61383 from the General Fund, Unallocated Fund Balance, to the Election Account No 108-708 for the budget year 2002, seconded by Ms. Figlus. Motion by Mr Gokey for a substitute motion to take the money from the City Clerk 2003 budget and re-evaluate this at a later date, seconded by Mr Mancinelli; failed 4-4 with Council members Schneider, Mancinelli, Rotola and Gokey voting yes. Vote on original motion failed 4-4 with Councilmembers Hanley, Figlus, DiTullio, and Edwards voting yes COMMITTEE REPORTS CITY AFFAIRS - Jerry DiTullio distributed a proposed Council Rule Change that was proposed by this committee. ELECTED OFFICIALS' MATTERS Jerry DiTullio addressed the comments from Wheat Ridge United Neighborhoods under Public Comment and explained that in order to receive money from Open Space for the trail reconstruction, which amounted to $150,000, we had to go with concrete In this time of a budget crunch, the City of Wheat Ridge can't afford to give up the $150,000 Vance Edwards apologized for not mentioning Bill Peterson's service on the Liquor Authority and he thanked him very much for his service Mr Edwards is a member of Wheat Ridge United Neighborhoods and he has always supported Asphalt Paths on the Greenbelt. Unfortunately, the vote would be the same as it was 10 years ago-it would be a 5-4 vote and it would stay that the official position be that concrete be the material of choice for the paths on the Greenbelt. We never let issues die and bring them up again and again and again - CITY COUNCIL MINUTES February 24, 2003 Page -9- Dean Gokey thanked the Parks Commission for passing the fire mitigation program unanimously He also thanked Nancy Snow for her service on the Planning Commission He is, however, a strong supporter of term limits and we need to move on and give somebody else a chance Ralph Mancinelli brought attention to our "Missing Sidewalk Link Program" and read portions thereof for the TV viewers Odarka Figlus was not aware about the great amount of public input on the trail standards for the Greenbelt. Maybe this is an issue we shouldn't let die She asked that the City Manger bring back information when the bids are received Mr Schneider reported on the first meeting of the Cultural Arts Commission and stated that they vote to apply for 2 grants from the Scientific Cultural Facilities District; they would be for an art mural for the Recreation Center and a play sculpture for the playground at Founders Park. He thanked the commission for not wasting any time in applying for these grants and being aggressive for the City of Wheat Ridge He invited Jerry Montoya to apply for the Building Code Advisory Board Harry Hanley invited citizens to participate in the future of Wheat Ridge Lena Rotola thanked everybody who had applied for Boards and Commissions and wished she could have appointed everybody Meeting adjourned at 9 55 P m \./ (~ ./ j " }',{..\. .; I- ,- J' Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON March 10,2003 BY A VOTE OF ---8...... to ~ \ :"1 "- ...". "'.. 0- ~-" I {1.. __ David Schneider, Council President The preceding Minutes were prepared according to 947 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