The URL can be used to link to this page

Home My WebLink About06/23/2003 CITY OF WHEAT RIDGE, COLORADO June 23, 2003 The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Jerry DiTullio, Vance Edwards, Ralph Mancinelli, David Schneider, Odarka Figlus, Lena Rotola, and Harry Hanley Dean Gokey was absent. Also present: City Clerk, Wanda Sang, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Parks and Recreation, Joyce Manwaring, Director of Public Works Tim Paranto staff; and interested citizens APPROVAL OF MINUTES OF June 9.2003 Motion by Mr DiTullio for the approval of the Minutes of June 9, 2003, seconded by Mr Schneider; carried 6-0 with Mr Hanley abstaining PROCLAMATIONS AND CEREMONIES Mayor Cerveny reminded people that fireworks of any kind are illegal in the City of Wheat Ridge She read the Proclamation for Recreation and Parks Month - July 2003 - and presented it Joyce Manwaring, Director of Parks and Recreation CITIZENS' RIGHT TO SPEAK Terry Woble invited the Arts, Cultural Council and the 38th Avenue Renovation people for an evening on June 28 to the Denver Botanical Gardens for a live performing arts festival He also offered to help with urban redevelopment and anything else he could do to help the Arts Community Jeff Mosteller, 2816 Teller Street, spoke in opposition to the speed bump on 28th & Teller Jessie Messenger, 2795 Teller Street, asked that City Council reconsider its decision to construct a speed bump at the intersection of 28th & Teller Teller is an RTD bus route and vibrations caused by RTD buses continually going over this speed bump, will result in long term adverse effect and create a loss of property and structural damage to our property She requested a moratorium on the construction of the speed bump in order to perform a vibration study and to obtain qualified legal counsel to address this case She proposed a 3-way stop instead of a speed bump CITY COUNCIL MINUTES- June 23, 2003 Page -2- Steve Messenger, 2795 Teller Street, spoke against a speed bump on 28th & Teller and in favor of a 3-way stop He requested a moratorium on this speed bump to allow for a vibration study and to obtain legal counsel Howard McGregor, President of Engineering Dynamics, 3925 S Kalamath, Englewood, stated he had been hired by Mr Messenger to assess his concerns about the ground vibrations caused by vehicles going over the speed bump He described the manner in which they would conduct the study Nancy Nehls, 7205 West 28th Avenue, is very concerned about the vibrations, but is not sure about the stop signs Maybe just 1 speed bump between 29th and 26th would be sufficient. Don Peterson, 9945 West 34th Drive announced that two referendum petitions were being circulated, to repeal Ordinances 1289 and 1290, which refer to the Clerk and Treasurer's salaries being reduced Jacqueline Weller, 2719 West Water Avenue, spoke on behalf of the Wheat Ridge Alliance for Political Parity They have formed a non-profit group to fight Council Bill 39- 2002, regarding Psychics APPROVAL OF AGENDA Motion by Mr Schneider to pull Item 4 as per staff recommendation seconded by Mrs Rotola, carried 6-1 with Mr Hanley voting no Motion by Mr DiTullio to approve the Agenda as amended, seconded by Mr Edwards, carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 23-2003 - An Ordinance providing for the approval of a zone change from Restricted-Commercial to Planned Commercial Development for property located at 6090 West 44th Avenue City of Wheat Ridge County of Jefferson, State of Colorado (Case No WZ-03-04) Council Bill 23-2003 was introduced on second reading by Mr Mancinelli, who read the title and summary Clerk assigned Ordinance No 1295 CITY COUNCIL MINUTES June 23, 2003 Page -3- Mary Austin, staff planner for the City of Wheat Ridge Community Development Department, was sworn in by the Mayor and presented the staff report. Don Casper, consultant for the applicant, was present to answer questions Motion by Mr Mancinelli to approve Council Bill 23-2003 (Ordinance 1295), Case No WZ-03-04 for the following reasons and that it take effect 15 days after final publication 1 The rezoning is consistent with the Comprehensive Plan designation of Neighborhood Serving Retail. 2 The rezoning will not adversely impact the public health, safety or welfare 3 The requirements of the City's Planned Development Regulations have been met. 4 The rezoning and proposed Final Development Plan propose a good re-use of an existing but unoccupied developed site, thereby creating physical and economic benefits to the community 5 The zone change is compatible with the surrounding area and there will be minimal adverse impacts associated with the rezoning 6 Adequate infrastructure is available to serve the proposed use With the following conditions. 1 The wall sign as proposed on the Final Development Plan be reduced to a maximum of 69 square feet in size to comply with the City's sign code 2 The fence, built to match existing wood fences, shall be extended north to the adjacent property owner's fence, if approved by the adjacent property owner; Seconded by Mr Edwards, carried 7-0 Item 2 Council Bill 22-2003 - An Ordinance amending Ordinance 1160, Series 1999 and vacating in part an easement held by the City (Case No WV-03-02) Council Bill 22-2003 was introduced on second reading by Mr Mancinelli, who read the title and summary Clerk assigned Ordinance No 1296 Alan White, Director of Community Development, was sworn in by the Mayor and presented the staff report. He requested that instead of 25 feet vacation it be changed to 20 feet in order to allow the construction of garages. Larry Nelson, representing Cornerstone Realty, who is the broker for the Wheat Ridge Housing Authority He spoke in support of the 5 garages to help with non-existent storage space Motion by Mr Mancinelli to approve Council Bill 22-2003 (Ordinance 1296), Case No WV-03-02, an ordinance amending Ordinance 1160, Series of 1999, vacating an unused portion of public right-of-way located on Lamar Street, east of 6400 West 44th Place on second reading, with the following amendment: Section 2 of the Ordinance shall be changed to read as follows "The City will retain the easterly five (5) feet of the utility easement", seconded by Mr Edwards, carried 7-0 CITY COUNCIL MINUTES June 23, 2003 Page -4- Item 3. Council Bill 24-2003 - An Ordinance adopting by reference the 2003 Edition of the Model Traffic Code for Colorado and the Model Traffic Code amendments previously adopted by the City; providing penalties for Model Traffic Code Violations, and making conforming amendments to the Wheat Ridge Code of Laws Council Bill 24-2003 was introduced by Mr Mancinelli on second reading, who also read the title and summary Clerk assigned Ordinance No 1297 Motion by Mr Mancinelli for the approval of Council Bill 24-2003 (Ordinance 1297) on second reading, seconded by Mr Edwards, carried 7-0 ORDINANCES ON FIRST READING Item 5. Council Bill 28-2003 - An Ordinance amending Section 26-103 of the Wheat Ridge Code of Laws concerning the submittal of applications subject to the Site Development Review Process (Case No ZOA-03-10) Council Bill 28-2003 was introduced on first reading by Mr Edwards, who read the title and summary Motion by Mr Edwards to approve Council Bill 28-2003 on first reading, order it published, public hearing set for July 14, 2003 at 700 P m in Council Chambers, and if approved on second reading, take effect 15 days after final publication, seconded by Mr DiTullio Motion by Ms Figlus to refer this Ordinance to the City Affairs Committee for the following reasons 1 It needs to be clarified what kind of agencies could make use of this and 2 This would allow a governmental or quasi governmental agency to bring forth a proposal for a site development without the property owner's consent; seconded by Mr Hanley; failed 3-4 with Councilmembers Hanley DiTullio, and Figlus voting yes Original Motion carried 5-2 with Councilmembers Hanley and Figlus voting no Ms Figlus is voting no for the reasons she has stated above DECISIONS, RESOLUTIONS, AND MOTIONS Item 6. Dudley Street Speed Bump Proposal Motion by Mrs Rotola that the Dudley Street Neighborhood traffic proposal be approved as crafted and voted on by neighborhood residents, seconded by Mr Mancinelli - CITY COUNCIL MINUTES June 23, 2003 Page -5- Tim Paranto stated that this was initiated by the neighborhood and had great support from the residents There were two out of fourteen that voted against this as it came to the final vote Staff is in support of the wishes of the neighbors John Torres, 4300 Dudley Street, appeared in support of the speed bump on Dudley Street. Frank Cosolo, 4370 Dudley Street, also spoke in support of the speed bump Motion carried 7-0 Item 7. Consent Agenda. A. Quit Claim Deed for Sidewalk Right-of-Way dedication - Wheat Ridge Market Place - Burger King B Award RFB-03-026 - 2003 Street Improvement: 49th & Van Gordon Project. C Award RFB-03-020 - Public Roadway Pavement Striping Consent Agenda was introduced and read by Ms Figlus Motion by Ms Figlus for approval of the Consent Agenda as printed, seconded by Mr DiTullio, carried 7-0 ELECTED OFFICIALS' MATTERS Mayor Cerveny encouraged citizens to come to budget meetings or answer the survey in the newsletter Motion by Mr Edwards to direct the City Manager to prepare an ordinance amending Article 3 of Chapter 21 of the Code of Laws dealing with right-of-way use permits, specifically to address the term of permits indemnification of the City and insurance requirements and that that Ordinance be brought to City Council on July 14 for first reading, seconded by Mr Schneider; carried 7-0 Motion by Mr Hanley for a moratorium on the installation of speed bumps on Teller Street between 26th Avenue and 29th Avenue, the moratorium will be for 90 days to allow for staff to research the use of stop signs and to examine information regarding vibration damage to homes and for affected citizens so informed to have a second chance to vote on this issue Mayor Cerveny pointed out that Mr Hanley had not been present at the meeting when the original motion was made To reconsider that motion, it would have to be made by a member of the prevailing side - CITY COUNCIL MINUTES June 23, 2003 Page -6- Council President, Schneider ruled that this was a reconsideration and had to be made by a member of the prevailing side Motion by Mr Hanley to override the decision of the Council President; seconded by Ms Figlus, failed 2-6 with Mr Hanley and Ms Figlus voting yes Meeting adjourned at 8 30 P m. 'I i / }41-A~'-./ oV'~ Wanda Sang, City C k luJ..1 14 I J 0',) ~ AP~ROVED~ BY CI.:kI,~JbIL ON' BY 2VOTE OF ---.L to ---2- David SChne', ~, Council President / The preceding Minutes were prepared according to s47 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