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HomeMy WebLinkAbout03/24/2003 CITY OF WHEAT RIDGE, COLORADO March 24, 2003 The Regular City Council Meeting was called to order by Mayor pro tem Vance Edwards 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 and Recreation, Joyce Manwaring, Director of Community Development, Alan White, staff; and interested citizens APPROVAL OF MINUTES OF March 10, 2003 Motion by Mr DiTullio for the approval of the Minutes of March 10 2003, seconded by Mr Schneider; carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor pro tem Edwards presented the Proclamation for Crime Victims' Rights Week - April 6 - 12, 2003 to State Representative Cheri Jahn, who has been very active in Crime Victims' Rights Representative Jahn stated that we as a community can offer hope, dignity, compassion and help to the victims as they go through the long process CITIZENS' RIGHT TO SPEAK Jacqueline Weller, 2719 West Water Avenue, asked for repeal of Ordinance 1273 Bill Watson, 5635 South Bannock Street, gave his 3 Minutes to Ms Weller Ron Haas, 5251 Alkire Street, Arvada, gave his 3 Minutes to Ms Weller Claudia Worth, 4650 Oak Street, invited everybody to the first Appraisal Fair in conjunction with their May Festival for the Wheat Ridge Historical Society on May 10, 2003 from 10 00 a m to 4 00 P m The event will take place at the Wheat Ridge Historic Park. She asked that one of their posters be hung in City Hall CITY COUNCIL MINUTES'" March 24, 2003 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 A Request for an Amendment to a Final Development Plan for property located at 3400 Youngfield Street and zoned Planned Commercial Development. (Case No WZ-03-02) (National Retail Partners) Item 1 was introduced by Mr Schneider, who also read the executive summary Travis Crane, Planner for the City of Wheat Ridge, was sworn in by the Mayor pro tem and presented the staff report. Robert Bautsch with the Buchanan Yonushewski Group, LLC , was sworn in by the Mayor pro tem and stated he had nothing to add to Mr Crane's report. Chuck Williams, 8400 Arrowhead Drive, was sworn in by the Mayor pro tem and stated that his wife owns Applewood Paint and was wondering if there were plans to put in a King Soopers Gas Station with this program Alan White, Director of Community Development, was sworn in and stated that there was no proposed Gas Station in this plan If one was proposed, we would go through this same process again Motion by Mr Schneider to approve the request for an amendment to a Final Development Plan for property located at 3400 Youngfield Street, for the following reasons 1 It meets the requirements for a Final Development Plan 2 This amendment will improve on-site parking and circulation 3 This amendment will increase and improve landscape coverage in the shopping center With the following conditions 1 Additional signs that regulate hours of delivery and trash pickup shall be added adjacent to the loading docks behind PetSmart and Wal-Mart. The hours of trash pickup and deliveries shall be limited to the hours between 7 00 a m and 10'00 P m This shall be added as a note to the Final Development Plan 2 The areas of fencing along the eastern property line shall be repaired These repairs shall be limited to the areas where fence slats are either missing or deteriorating, Seconded by Mr Mancinelli, carried 8-0 CITY COUNCIL MINUTES- March 24, 2003 Page -3- Item 2. A. 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) (Case No MS-02-08) (Craig Molenaar) Item 2 B A Request for approval of a Two-Lot Subdivision Plat with public dedication and associated lot width variance for a corner lot in the R-1 C Zone District, for property located at 6015 West 40th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado Mr Mancinelli introduced Council Bill 06-2003, Case No WZ-02-14 and Case No MS- 02-08 and read the titles and executive summaries Clerk assigned Ordinance No 1282 Travis Crane presented the staff reports Craig Molenaar, 7395 West 4yth Avenue, applicant, was sworn in by the Mayor pro tem and concurred with everything Travis Crane had presented George Jarvis, 13260 West 16th Drive, Golden, was sworn in by the Mayor pro tem He owns the property across the street at 6010-6020 West 40th Avenue, and feels it would benefit the neighborhood if this would pass Motion by Mr Mancinelli to approve Council Bill 06-2003 (Ordinance No. 1282), Case No WZ-02-14, a request for a rezoning from Commercial-One to Residential-One-C for property located at 6015 West 40th Avenue, on second reading, to take effect 15 days after final publication, for the following reasons 1 The change in zone will bring the properties into conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies 2 The proposed use is compatible with the surrounding area 3 The change of zone will not adversely affect the public health, safety, or welfare 4 There are adequate public facilities to serve the uses proposed Seconded by Mr Gokey; carried 8-0 CITY COUNCIL MINUTES""' March 24, 2003 Page -4- Motion by Mr Mancinelli to approve the request for a 7 5 lot width variance for a corner lot in the R-1 C zone district associated with Case No MS-02-08 for property located at 6015 West 40th Avenue, for the following reasons 1 The hardship has not been created by any person having current interest in the property 2 The request would not be detrimental to the public welfare or injurious to other properties in the area 3 Granting of the variance will not alter the essential character of the locality 4 A portion of the lot width deficiency on Harlan was created by the city's right-of- way dedication to match existing sidewalks, Seconded by Mr Gokey' carried 8-0 Motion by Mr Mancinelli to approve Case No MS-02-08, a request for approval of a two-lot minor subdivision plat for property located at 6015 West 40th Avenue, for the following reason The subdivision meets all requirements of a final plat with the granting of a variance for the lot width requirement for a corner lot in the R-1 C zone district. With the following condition The fee in lieu of parkland dedication as recommended by the Parks and Recreation Commission be paid for each lot prior to issuance of the certificate of occupancy; Seconded by Mr Gokey; carried 8-0 Item 3 Award RFQ-03-005 Clear Creek Trail Replacement. Item 3 was introduced by Mr Mancinelli who also read the executive summary Joyce Manwaring, Director of Parks & Recreation, presented the staff report. She summarized that either asphalt or concrete can be used for the path Asphalt is considered more aesthetically pleasing to some individuals and it is a softer surface for walking or jogging Installation cost is lower initially but requires more annual maintenance and upkeep Concrete is initially more expensive, but lasts 50 years and requires less routine maintenance She recommends concrete based on the resources we have and the reduction of maintenance CITY COUNCIL MINUTES"""" March 24, 2003 Page -5- The following citizens signed up to speak on Item 3 Don Peterson, 9945 West 34th Drive, stated that as a former jogger, he prefers asphalt, but according to the engineering report that staff had done, it is hard not to go along with concrete from a purely engineering and cost standpoint. If we are going to change what was decided years ago, that citizens preferred asphalt, he encouraged that Council postpone this bid award until there is a chance where the public can come in and give their opinion whether or not they are willing to spend the extra $100 000 and some dollars Eugene Kiefel, 2935 Kendall Street, and Kathleen Hubbard, 2950 Kendall Street, gave a joint presentation Ms Hubbard read a letter from Mary Ellen Bernhardt and stated that she had talked to numerous bikers and they all agreed with the letter The letter addressed the deplorable condition of the asphalt bike path with the tree roots, cracks and holes in the entire section Making it unsafe as well as uncomfortable for people in wheelchairs, bikes and roller blades, as well as runners, walkers, and families pushing baby strollers She urged that the path be rebuilt in concrete for all to enjoy Mr Kiefel added that he rides his bike all over the City and most of the paths are now concrete He is in favor of building this path in concrete Robert Hubbard, 2950 Kendall Street, is also in favor of concrete Almira Parker, 4749 Robb Street, is in favor of concrete Dave Greeno, 2915 Kendall Street, is in favor of concrete and of accepting the money from Open Space Rose Marie Cerrone, 3310 Jay Street, asked that the City Clerk read her letter into the record Her letter was in favor of accepting the $150,000 from Open Space and put in a concrete path Jean Fields, 3270 Fenton Street, asked that the City Clerk read her letter into the record because she is having trouble with her eyes Although she helped pass petitions for asphalt in the greenbelt years ago, she has realized that most people in Wheat Ridge support a concrete path because it is more durable in the long run Ron Benson, 3875 Lee Circle, lives in Wheat Ridge, is the Director of Douglas County Parks, has never built one inch of asphalt trail in all the many years in being in this profession Asphalt trails are okay for southern states that don't have freeze/thaw seasons Safety and Liability for the City are better served with concrete He and his wife ride the trail all the time and the asphalt portion is really deteriorated and you don't see that in concrete He is also on the State's Trail Committee and 90% of their trail grant applications are all concrete trails CITY COUNCIL MINUTE~ March 24, 2003 Page -6- Louise Turner, 11256 West 38th Avenue, read parts of a letter of Wheat Ridge United Neighborhoods, which was in favor of asphalt and against a concrete trail The current standards are for asphalt und the standards should be followed They ask that the bids under consideration be tabled indefinitely and the project rebid to the City's current standards Sue Wilson, 3390 Holland Street, was a long time volunteer for Open Space and has attended quite a few meetings regarding trail surfaces Concrete meets the variety of needs for many, many people This is not true for many of the other surfaces, including crusher fine She would like to see concrete put on our greenbelt and have it available for all the people in the vicinity Motion by Mr Mancinelli that the greenbelt trail study as prepared by MDG and Associates be amended to provide that the surface material standard for multi-use trails be concrete, seconded by Mrs Rotola. Mr DiTullio stated that he is the only person on City Council that was on Council in 1996 when this issue was addressed As a citizen of Wheat Ridge he has no personal preference whether the greenbelt trail is asphalt or concrete The motions he made in 1996 were made to bring together two radical viewpoints of the issue on Council It was probably unwise to amend a third party independent study that the taxpayers paid for, with amendments after the fact because some people did not get their way In his opinion, the trail between Johnson Park and Kipling needs to be rebuilt. He has received input from many citizens who feel the same way He has also heard from the other side After looking at all the options before the City, he has concluded that the best deal for the City is to take advantage of the $150,000 grant from Jefferson County Open Space and rebuild the trail as recommended by the County, which is concrete The data supplied suggests strongly that concrete lasts longer Ms Figlus stated that the trail standards were put in place after considerable public input. If we are to change them, we should allow the public a chance to speak and then make amendments to the Master Plan We should not be doing this here on the dais Motion carried 6-2 with Mr Hanley and Ms Figlus voting no Motion by Mr Mancinelli to award RFQ-03-005 Clear Creek Trail Replacements to JR Engineering in the amount not to exceed $270,000 and to be charged to Fund 32-601- 800-862 Also funds shall be encumbered, seconded by Mrs Rotola, carried 6-2 with Mr Hanley and Ms Figlus voting no Ms Figlus is against this for the same reasons as the previous motion This is considered the Crown Jewel of Wheat Ridge by many people and there should have been significant public input. CITY COUNCIL MINUTES"'"" March 24, 2003 Page -7- Mr Hanley stated that the discussion in 1996 was endless and the final decision was that the path should be asphalt. We should give the community an opportunity to make their comments Mrs Rotola has received comments and phone calls on this matter and all of them were in favor of repairing the trail and all were in favor of concrete She has received no comments on asphalt. Mr Edwards turned over the gavel to the Council President and thanked all the speakers who had come to speak on this subject. 10 years ago he voted in support of asphalt as the preferred material for trails He made the motion for asphalt, which failed and concrete was established as the preferred material for trails The issue was brought up again in 1996 Here we are again 10 years later addressing the same issue We are grappling with the worst budget crisis we have ever faced and 2003 will be worse than 2002 It is his duty to evaluate every issue with fiscal pragmatism Citizens expect Council to live within their budget, which means using the least expensive item Concrete is clearly the least expensive item over time It lasts nearly 5 times longer than asphalt and costs less to maintain We are receiving $150,000 from Open Space, but only if we use concrete Concrete is the standard for Jefferson County and most other local communities and nationwide Mr Schneider agreed with the Parks Director's recommendation to use concrete and to accept the $150,000 DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. Amendment to the Council Rules of Order and Procedure regarding Ordinances on first reading and time of adjournment. Item 4 was introduced by Mr DiTullio, title and summary read by the Clerk. Motion by Mr DiTullio to approve Item 4 as stated in the packet; seconded by Mr Gokey Don Peterson asked that Council not adopt this tonight. If there is no chance to comment on first reading and Council cannot consider this and draft an amendment for second reading, there is no time for consideration to be given to public comment. Motion carried 6-2 with Mr Hanley and Ms Figlus voting no Mr Hanley agreed with Mr Peterson and asked why we would want to change this Ms Figlus stated it is our job to make it as easy as possible for the public to be informed A lot of people watch these meetings on TV She cannot support any motion that would limit the public's right to speak. CITY COUNCIL MINUTES"""" March 24, 2003 Page -8- Item 5 CONSENT AGENDA. A. Approval of the City of Wheat Ridge Safety Manual B City Contributions to Outside Agencies C Appointments to the Urban Renewal Authority D Adoption of Wildfire Management Plan for application in Wheat Ridge Open Space/Greenbelt. E. Award of RFP-02-068 Radio System Consultant, amendment #1 F Approval of an Intergovernmental Agreement with the Town of Mountain View Consent Agenda was introduced and read by Mr DiTullio Ms Figlus asked to pull B Motion by Mr DiTullio for approval of A, C, D, E, F, seconded by Mr Gokey; carried 8-0 Motion by Mr DiTullio for approval of B , seconded by Mr Gokey Ms Figlus asked that Mr Young address what these contributions are and also the letter from Arapahoe House Mr Young stated that Council chose what programs to fund during their budget process The individual that wrote the letter for the Arapahoe House had planned on attending this meeting, but was unable to do so Jefferson County contracts with Arapahoe House to provide detox for the entire County We feel we give an in-kind contribution to this facility in the guise of Police response responsibilities We respond probably once a day to Arapahoe House Mr Mancinelli stated that the City has also given CDBG funds to Arapahoe House, which have provided a fence, magnetic locks, landscape buffering, etc Motion carried 8-0 COUNCIL COMMITTEE REPORTS Mr DiTullio reported on the City Affairs meeting, which was held on March 17 at 5 30 Two citizens, Don Peterson and Lenny Ortiz, attended the meeting They discussed business retention, IGA with Mountain View; Sign Code and Company flags, Campaign Contribution limits Motion by Mr DiTullio that discussion of Campaign Contribution limits be postponed until after the 2003 election, seconded by Mr Gokey; carried 6-2 with Mr Hanley and Ms Figlus voting no Ms Figlus feels we should at least study this and get public input and then make our decision Mr DiTullio explained that the City of Wheat Ridge had just adopted State Law regarding our elections and we did not even hold an election under that law and should, as Mr Gokey suggested, wait until after this election and then hold a discussion on campaign contribution limits CITY COUNCIL MINUTES"'":'" March 24, 2003 Page -9- The discussion of the dumpster ordinance was pulled from the Agenda of the City Affairs Committee 3-0 because this will come up for second reading sometime in April and nobody wanted to discuss this before the second reading CITY MANAGER'S MATTERS Mr Young stated that regarding branch and tree removal caused by the severe snow storm, the Forestry Crew will respond to emergency situations regarding trees or limbs located in the right-of-way or on the street. These trees or limbs are cut up and put back on the private property from which they were originally located It is the homeowner's responsibility to remove these trees and limbs from the right-of-way and their property Homeowners are encouraged to contact their trash haulers or a licensed tree company Lists of companies currently licensed to do business in the City of Wheat Ridge are available at the Wheat Ridge Recreation Center front desk. The number is 303-231-1300 The estimated cost to help the citizens clean up and dispose of the limbs, as we have done in the past, would be in excess of $100,000 and could easily reach $200,000 and more With our current budgetary constraints we do not have the revenues to incur these costs at this time, so therefore, we are encouraging citizens to take care of these issues themselves Mr DiTullio asked that this be put on the scroll and website ELECTED OFFICIALS' MATTERS Motion by Mr DiTullio to cancel our Study Sessions from May to August unless a special study session is requested by the City Manager to the full Council, seconded by Mr Gokey; carried 8-0 Vance Edwards asked, as per request from Mayor Cerveny, that the City Affairs Committee review a Council Rule change at their next meeting regarding Public Hearings and having a public hearing and then a separate vote closing the public hearing and then having a separate vote at another meeting Meeting adjourned at 9 25 P m , I oj', ~ ~. / ) &ic fl-t....- /,c ,,'1 Wanda Sang, City Clerk APPRJ;ED BY j: 90UNCIL ON BY A VOTE OF ~ to ~ It {/ / I.//~ David tr"ch ~(fe(, 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