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
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Wanda Sang, City Clerk
APPRJ;ED BY j: 90UNCIL ON BY A VOTE OF ~ to ~
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David tr"ch ~(fe(, Council President
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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