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HomeMy WebLinkAbout09/08/2003 .~~ CITY OF WHEAT RIDGE, COLORADO September 8, 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 Community Development, Alan White, Director of Public Works, Tim Paranto, Administrative Services Director, Patrick Goff; staff; and interested citizens APPROVAL OF MINUTES OF August 25,2003 Motion by Mr DiTullio for the approval of the Minutes of August 25, 2003, seconded by Mr Gokey; carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read Proclamation for "Yellow Ribbon Youth Suicide Awareness and Prevention Week - September 21 - 27, 2003" and presented the Proclamation to Karen Green Mayor Cerveny read Proclamation for "Polycystic Kidney Disease (PKD) Awareness Day - September 21, 2003" and presented the Proclamation to Karen Acierno CITIZENS' RIGHT TO SPEAK John Qualteri, 3001 Kendall Street, quoted portions of our City Charter Section 6 8 is concerned with amending the Charter and 2 methods are permitted Initiated by petition signed by at least 5% of the registered electors of the City of Wheat Ridge, or by an Ordinance adopted by the Council submitting the proposed amendment to a vote of the registered electors The other Section is 5.20, which is concerning Street Width Designations Jodi Neal, 3220 Jay Street, introduced herself and asked for the community's support. She is running for City Council in District I and outlined some of her reasons for running Wheat Ridge deserves leadership that is responsive to the people She wants to find the middle ground and find solutions that support the goals and wishes of the community She is offering a fresh approach and has no political ties She has practical business expertise CITY COUNCIL MINUTES"'" September 8, 2003 Page -2- Lucy Beckstead, 3505 Miller Court, spoke about the Wheat Ridge Library They have had an increase in circulation and visitors Only 7000 people in Wheat Ridge have library cards and there should be a great many more Terri Bailey, Manager of the Wheat Ridge Library, addressed the advantages of owning a library card New cardholders will be entered into a drawing for an American Heritage Dictionary People who refer somebody to sign up, will be entered into a drawing for a Hammond World Atlas. Bob Brazell, 3830 Carr Street, complained about a garage sale that was more like a flea market and was held to benefit Wheat Ridge United Neighborhoods The garage sale was at 3850 Carr Street and all the things that didn't sell were stacked up in the driveway for approximately 1 month with tarps over them and very unsightly for the neighborhood People brought in loads of crap and caused a traffic hazard The City policy needs to be defined as to what a "garage sale" is and be limited to twice a year Larry Nelson, spoke regarding the Wheat Ridge Housin~ Authority's second project, which is a 10 unit building It is located at 6410 West 44t Place They are completely renovating the units and the prices are $117,000 for the ranch style units, which is way below market, and the 2-story units are selling for $122,000 The Housing Authority has made arrangements to build 5 garages, which will be sold in addition to the purchase price They should be available in mid to late October; financing is available through a couple of banks and buyers can put as little as $1,000 down and qualify with payments anywhere from high Ts to mid 800's Incomes as low as $23 000 with no debts to about $25,000 on the more expensive units with garages can qualify Teri Dalbec spoke regarding the closing of the teen center; graffiti and drug use are expanding in the City, a connection needs to be made We need a change of attitude from the Council, Odarka Figlus and Harry Hanley support the concept that teens need a place to call their own Please join them to have this community support their future generation instead of spending our money on the street corners that don't help them You put 100,000 away for low income families, that help 4 or 5 families and we can't do the same to help our teens There is something wrong Mrs Rotola stated that she and Mr Hanley worked very hard to keep the teen center going, but there was declining enrollment and a lot of complaints from people living around there They couldn't get volunteers Other than band nights, she could count on 2 hands how many teenagers were there Motion by Mrs Rotola to have citizens' concerns about garage sales brought forward to the next available study session, seconded by Mr Mancinelli, carried 8-0 CITY COUNCIL MINUTES""" September 8, 2003 Page -3- APPROVAL OF AGENDA Motion by Mr DiTullio to amend the Agenda to add new Agenda Items 10 and 11 concerning referred ordinances and ballot title resolutions concerning the compensation of the City Clerk and City Treasurer; seconded by Mr Gokey Ms Figlus does not support adding this to the Agenda, 1300 people signed petitions and voiced their opinions and strong feelings about this issue, if this had been published with the Agenda at the regular time, she would have had no objection to it being on the Agenda, however, to add it now without giving any of those 1300 people notice that is going to be discussed again is doing a disservice to those people She moved for an amendment that we postpone these items to the next regular Council Meeting, so they can be published in a regular manner; seconded by Mr Hanley; failed 2-6 with Mr Hanley and Ms Figlus voting yes Motion carried 5-3 with Councilmembers Hanley, Figlus, and Rotola voting no Motion by Mr DiTullio that the City Attorney be directed to prepare for consideration by Council at this meeting Agenda Items 10 and 11 referred ordinances and resolutions setting ballot titles under Charter Section 6 3 prescribing compensation for the City Clerk and City Treasurer at $29,000 per year; the terms of office commencing on and after November 4, 2003, seconded by Mr Gokey; carried 5-3 with Councilmembers Hanley, Figlus, and Rotola voting no Ms Figlus voted no for the same reasons as stated previously Mr Hanley is very much opposed to adding this to the Agenda 1300 people just spoke on this To inject this during a meeting without having an opportunity to think about this, is just showing to the general populace that the Council has an idea to do things in their own way and not communicate this to the observance and discussion of the general populace Motion by Mr Edwards to add an Item 12. to the Agenda, it is an easement granted to the Wheat Ridge Water District; seconded by Mrs Rotola, carried 8-0 Motion by Mr Schneider to add Agenda Item 13 with the title "Approval of an Agreement concerning the property adjacent to the Recreation Center", seconded by Mrs Rotola, carried 8-0 Approval of Agenda as amended carried 5-3 with Councilmembers Hanley, Figlus, and Rotola voting no CITY COUNCIL MINUTES"" September 8, 2003 Page -4- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 COUNCIL BILL 34-2003 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE CHANGE FROM AGRICULTURAL-ONE TO PLANNED RESIDENTIAL DEVELOPMENT AND PLANNED INDUSTRIAL DEVELOPMENT FOR PROPERTY LOCATED AT 10285 RIDGE ROAD, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No WZ-02-13) (Melody Homes, Inc.) Council Bill 34-2003 was introduced on second reading by Mrs Rotola, who also read the title and summary; Clerk assigned Ordinance No 1307 Mary Austin, Community Development Department, was sworn in by the Mayor and presented the staff report. She showed slides of the site Planning Commission recommended approval with 5 conditions as indicated in the Agenda Packet; the applicant has agreed to these conditions and has already made the appropriate modifications, so the changes have been made on the document Council has received She asked Council to add a condition that the residential zoning shall be subject to the City's parkland fee in lieu of land dedication Darrell Pennington, with Melody Homes, was sworn in by the Mayor He praised Wheat Ridge's staff and their help and cooperation He stated that his company wants to put a quality development in this area Matthew Hickey, representing Inland Paper Board & Packaging, was sworn in by the Mayor They are the neighbor to the south They have operated their facility since 1971 They currently employ 106 full time employees at the facility and have always been a good neighbor and supporter of the City of Wheat Ridge and the community They are capable of operating 3 full-time shifts 24 hours a day and have historically done so They have no intention of changing that. They support the findings of the Planning Commission They are concerned that one day homeowners will object to their operation, which generates noise and lighting They suggested that Melody Homes disclose to future owners that their company operates 365 days a year Barbara Munson was sworn in by the Mayor She is concerned what the "Industrial" means She is a Skyline Homeowner and once all the trees came down, they could hear the noise from the bottle plant. Their concern is just what this Industrial Lot in the new development is supposed to be and what will they do for a noise barrier Mary Austin stated that the Permitted Uses are listed on Page 2 of the plan, which is in the Agenda Packet. CITY COUNCIL MINUTES""" September 8, 2003 Page -5- Teri Dalbec was sworn in by the Mayor She had understood that this was going to be Planned Residential and Planned Industrial She feels she has been highly fooled by what has just been read by Mary Austin She thinks all of the public has This hearing should be postponed until people who live in that area have been alerted as to what is actually being done Mr Pennington stated for the record that noise issues are disclosed with the closing documents that are recorded with the home, so they are on notice that these issues do exist. Motion by Mrs Rotola to approve Council Bill 34-2003 (Ordinance 1307), Case No WZ- 02-13, a request for a rezoning of property located at 10285 Ridge Road from Agricultural-One to Planned Residential Development and Planned Industrial Development and I further move to approve the Outline Development Plan, and that this action take effect 15 days after final publication for the following reasons 1 The requirements of the City's Planned Development regulations have been met. 2 The rezoning will not adversely impact the public health, safety, or welfare 3 The zone change is compatible with the surrounding area and the adjacent zoning of residential to the north and west as well as the adjacent zoning of industrial to the south and west. 4 A change in character of the area has occurred due to the zone changes on adjoining property to the north and west. 5 There are physical benefits to be derived from the construction of public improvements and a tree lawn along Ridge Road 6 Adequate infrastructure will be constructed with the development to serve the proposed use With the following condition The residential zoning shall be subject to the City's parkland fee in lieu of land dedication at the time of final plat. Seconded by Mr Gokey; carried 8-0 Item 2. PUBLIC HEARING on an amendment to the Youngfield Plaza Phase II Final Development Plan located at 4120 Youngfield Street. (Case No WZ-03-06) (Casey's Recreational Vehicle Sales) David Schneider introduced Item 2 and read the title and summary Travis Crane, Community Development, was sworn in by the Mayor and presented the staff report and showed slides The applicant is requesting an amendment to increase the building square footage to about 3700 square feet, that is an increase of about 1100 square feet. He is also requesting to raise the freestanding sign to a height of 35 feet and increase the sign size to 121 square feet. No neighborhood meeting was required or held CITY COUNCIL M INUTES"""" September 8,2003 Page -6- Steve Casement, owner of Casey's Recreational Sales, was sworn in by the Mayor He explained that the extension was basically about bathrooms and office space, which they desperately need The visibility of their sign has been lost due to the nice big trees in Wheat Ridge and they need a higher sign Motion by Mr Schneider to approve Case No WZ-03-06 a request for approval of an amendment to a Final Development Plan for property located at 4120 Youngfield Street, for the following reasons 1 It meets the requirements for a Final Development Plan 2 This amendment will increase overall landscape quantities 3 The building addition will be compatible with the existing building 4 The freestanding sign height is not inconsistent with other signs in the area Seconded by Mrs Rotola, carried 8-0 Item 3. COUNCIL BILL 35-2003 - AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF LAWS PERTAINING TO STREET WIDTH DESIGNATION Council Bill 35-2003 was introduced on second reading by Mr Edwards, who also read the title and summary Clerk assigned Ordinance 1308 Gerald Dahl, City Attorney, stated that this Ordinance implements Charter Section 5.20 Council has the power to implement provisions of the Charter by Ordinance Tim Paranto explained that the Charter speaks to construction and re-construction of streets In practice there has been some confusion as to when a street width is being changed during a reconstruction project. When we install a speed bump we are actually changing the street width, typically narrowing it some, but it's for a short distance, maybe 20, 30 feet. We need direction and guidelines from City Council as to when they believe street widths are being altered and should come to Council for designation If there is an accelaration and deccelaration lane constructed, the street width would be changed at that specific destination Michael Snow, 3850 Carr Street, spoke on behalf of Wheat Ridge United Neighborhoods They would like to note their opposition to Council Bill 35-2003 This Ordinance changes the language and meaning of the Charter Section itself The Charter Section states quite clearly that there must be a hearing before any street construction or reconstruction and that citizens adjacent to and near the street can require a 3/41h vote of the Council to do the construction or reconstruction if they object to the plan There are two or three parts in this Ordinance which directly contradict the Charter First, the Ordinance says that only an improvement of over 500 feet counts as a reconstruction Since the Charter does not have that limitation they do not think it is legal or proper to put that in the Ordinance CITY COUNCIL MINUTES""" September 8, 2003 Page -7- Two, this Ordinance doesn't count the accelaration and deccelaration lanes as reconstruction That change could also take the right of protest away from a great many people and there is no definition of general street width Third, there is another paragraph, which is confusing in its intent. It defines street reconstruction only as removing pavement and curb and gutter and replacing it. They asked for discussion by Council and clarification from the City Attorney If you want to change this, please put it on the ballot. Nancy Snow, commented that 500 feet would be her whole street and her neighbors would be truly upset if Council didn't have a hearing Motion by Mr Edwards to approve Council Bill 35-2003 (Ordinance 1308) with the definition of "Street Reconstruction" amended to change the five hundred (500') limitation to two hundred fifty feet (250'), seconded by Mr Mancinelli, carried 6-2 with Mr Hanley and Ms Figlus voting no Ms Figlus stated that 250' can be a whole City block and that is a lot to change without a hearing The City could do one block at a time and citizens have no opportunity to speak. Item 4 PUBLIC HEARING RESOLUTION 18-2003 - REPEALING AND REENACTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS SPECIFIED FOR THE CITY OF WHEAT RIDGE, COLORADO, FOR THE 2004 BUDGET YEAR. Item 4 was introduced by Mr Schneider; summary was read by the Clerk. Randy Young, City Manager, presented the 2004 budget. He cited the various budget workshops and surveys with citizens that had been held throughout the summer He thanked everybody for their hard work in putting together this budget. He noted that this is the second year of budget reductions The City continues to face a serious budget shortfall The Police Department has cut some services to continue the most critical issue of patrol Mr DiTullio stated that Charter Section 3 14 requires Councilmembers to disclose material or significant financial interest they have with the city Once the disclosure has been made, it is up to the Council to take any action it deems necessary, which could range from no action at all, up to a motion to require the member to abstain from voting on the matter, all depending on the individual facts of the case He is disclosed that he has a family member who is an employee of the City He asked the City Attorney to comment on the disclosure at this time Mr Dahl stated that Councilmember DiTullio has satisfied the Charter requirement by this disclosure Council did not take any action and Mr DiTullio was allowed to continue to participate in this Item Patrick Goff, Administrative Services Director, gave general overview of the budget. CITY COUNCIL MINUTES""' September 8, 2003 Page -8- Louise Turner disputed that 1 % of the tax has to go to the Capital Fund, it looks like we still have a 22% carry-over, that is a long way from the 3% that is required the extravagant spending has been on capital projects The vast spending on capital projects began in 2001 She questioned the Harlan Street project. People would prefer to keep the Police Department intact and the crossing guards and abandon some of the street projects She questioned the excessive use of concrete and subsequent repairs She questioned why Urban Renewal was not included in this budget. Motion by Mr Schneider to approve Resolution 18-2003, seconded by Mr Edwards Motion by Ms Figlus to eliminate the $200,000 for under-grounding utilities on 38th Avenue between Kipling and Youngfield and to direct staff to bring forth recommendations for the distribution of these funds, including programs in public safety, teen/youth programs, maintenance of public facilities, such as cutting weeds in our medians or on highway intersections and programs to increase the City's revenue, seconded by Mr Hanley; failed 2-6 with Mr Hanley and Ms. Figlus voting yes Original Motion carried 6-2 with Mr Hanley and Ms Figlus voting no Ms Figlus is voting no because the number one concern in this City is public safety Mr Hanley is protesting that the explanation and discussion for this budget has not been brought to the general populace Motion by Mr Edwards to suspend the Rules and go past 11 00 P m and finish the business items on the Agenda, seconded by Mr Gokey' carried 6-2 with Mr Hanley and Ms Figlus voting no ORDINANCES ON FIRST READING Item 5 COUNCIL BILL 38-2003 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, SECTION 15-19, CONCERNING GRAFFITI Council Bill 38-2003 was introduced on first reading by Mrs Rotola, who also read the title Motion by Mrs Rotola to approve Council Bill 38-2003 on first reading, ordered published, and set for public hearing and consideration on second reading on Monday, October 13, 2003 at 7 00 P m in City Council Chambers, seconded by Mr Schneider; carried 7-0 (Mr Gokey had left the room) Item 6. COUNCIL BILL 36-2003 - AN ORDINANCE REPEALING AND REENACTING SECTION 11-29 (a) OF THE WHEAT RIDGE CODE OF LAWS RELATING TO THE BUSINESS LICENSE FEE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON STATE OF COLORADO Council Bill 36-2003 was introduced on first reading by Mr Hanley, who also read the title and summary CITY COUNCIL MINUTES-September 8,2003 Page -9- Motion by Mr Hanley to approve Council Bill 36-2003 on first reading, ordered published, and set for public hearing and consideration on second reading on Monday, October 13, 2003 at 7 00 P m in City Council Chambers, seconded by Mrs Rotola, carried 7-0 (Mr Gokey had left the room) Item 7. COUNCIL BILL 37-2003 - AN ORDINANCE AMENDING CHAPTER 5 OF THE WHEAT RIDGE CODE OF LAWS, RELATING TO CONTRACTOR LICENSING REGULATIONS Council Bill 37-2003 was introduced on first reading by Mr DiTullio, who also read the title Motion by Mr DiTullio to approve Council Bill 37-2003 on first reading, ordered published, and set for public hearing and consideration on second reading on Monday, October 27, 2003 at 7 00 P m in City Council Chambers, and that it take effect 15 days after adoption, seconded by Mr Edwards, carried 8-0 (Mr Gokey was back in the room) DECISIONS, RESOLUTIONS, AND MOTIONS Item 8. RESOLUTION 17-2003 -AMENDING THE FISCAL YEAR 2003 BUDGET TO REFLECT ACCEPTANCE OF THE LOCAL LAW ENFORCEMENT BLOCK GRANT Resolution 17-2003 was introduced by Mr Gokey, who read the title and summary Motion by Mr Gokey to approve Resolution 17-2003, seconded by Mrs Rotola, carried 8-0 Item 9 Award RFP-03-031 - Telecommunication and Data Infrastructure Upgrades Motion by Mr Hanley to award RFP-03-031 Telecommunications and Data Upgrades to Qwest Communications in the amount of $54,951 18 I further move to request a contingency of $6,500 I further move that all costs associated with this contract be paid from Acct. No 59-117-800-802 and that these funds be encumbered for the length of the project; seconded by Mr Edwards, carried 8-0 Item 10A REFERRED ORDINANCE NO 1 - COUNCIL BILL 39-2003 - AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY CLERK FOR TERMS OF OFFICE COMMENCING ON AND AFTER NOVEMBER 4 2003 Referred Ordinance No 1 (Council Bill 39-2003) was introduced by Mr DiTullio who also read the title CITY COUNCIL MINUTES-September 8,2003 Page -10- Motion by Mr DiTullio to approve Referred Ordinance No 1 (Council Bill 39-2003), concerning compensation of the City Clerk, on first reading, ordered published, and referred to a vote of the electorate at the November 4, 2003 general election pursuant to Section 6 3 of the Home Rule Charter; seconded by Mr Mancinelli Motion by Ms Figlus to suspend Council Rules and allow public comment and comment by elected officials for this Item, seconded by Mr Hanley; failed 2-6 with Councilmembers Hanley and Figlus voting yes Original Motion carried 5-3 with Councilmembers Figlus, Rotola, and Hanley voting no Item 10 B RESOLUTION 19-2003 - A RESOLUTION SUBMITTING A PROPOSED ORDINANCE TO THE REGISTERED ELECTORATE OF THE CITY CONCERNING COMPENSATION FOR THE OFFICE OF CITY CLERK AND FIXING A BALLOT TITLE FOR THE SAME Motion by Mr DiTullio to approve Resolution 19-2003, seconded by Mr Mancinelli Mayor Cerveny gave up the gavel to the Mayor pro tem Vance Edwards in order to testify Gretchen Cerveny spoke in favor of the Resolution She believes that both these positions have a responsibility and she believes people should be paid for performance not for attendance We are in a fiscal crisis and it's not going to get better even if the economy turns around because we have been consistently spending more money than we've been bringing in The $29,000 is a fair compromise between the proposed $10,000 something and the proposed $38,000 Louise Turner gave Council credit for ingenuity for bringing this up again Motion carried 5-3 with Councilmembers Hanley, Figlus and Rotola voting no Mr Edwards returned the gavel to Mayor Cerveny Item 11.A. REFERRED ORDINANCE NO 2 - COUNCIL BILL 40-2003 - AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY TREASURER FOR TERMS OF OFFICE COMMENCING ON AND AFTER NOVEMBER 4, 2003 Referred Ordinance No 2 (Council Bill 40-2003) was introduced by Mr DiTullio, who also read the title Motion by Mr DiTullio to approve Referred Ordinance No 2 (Council Bill 40-2003) concerning compensation of the City Treasurer, on first reading, ordered published, and referred to a vote of the electorate at the November 4, 2003 general election pursuant to Section 6 3 of the Home Rule Charter; seconded by Mr Mancinelli, carried 5-3 with Councilmembers Hanley, Figlus, and Rotola voting no CITY COUNCIL MINUTE~ September 8, 2003 Page -11- Item 11.B. RESOLUTION 20-2003 - A RESOLUTION SUBMITTING A PROPOSED ORDINANCE TO THE REGISTERED ELECTORATE OF THE CITY CONCERNING COMPENSATION FOR THE OFFICE OF CITY TREASURER AND FIXING A BALLOT TITLE FOR THE SAME. Motion by Mr DiTullio for approval of Resolution 20-2003, seconded by Mr Mancinelli, carried 5-3 with Councilmembers Hanley, Figlus and Rotola voting no Item 12. Easement Granted to Wheat Ridge Water District. Motion by Mr Edwards to approve the grant of an easement to Wheat Ridge Water District, contingent on survey and legal description document approval by the City of Wheat Ridge Public Works Department; seconded by Mr Schneider; carried 8-0 Item 13. Approval of an agreement concerning property adjacent to the Recreation Center Motion by Mr Schneider to approve the amendment to agreement with Lisa and Frank Denning, dated August 26,2003, seconded by Mr Mancinelli Motion by Mr Gokey to postpone this to the October Study Session, seconded by Ms Figlus, tied 4-4 with Councilmembers Hanley, Figlus, Rotola and Gokey voting yes Mayor broke the tie by voting yes Motion carried 5-4 Meeting adjourned at 12 03 a m , f )' " c'.. I /1, I ,,' , j'he tll<.:7Z;1t -yes Wanda Sang, City Clerk APPROVED BY CIJY C9(JNCIL ON October 13, 2003 BY A VOTE OF ~ to ~ , I ,/ '1'/ / ......- '...... _ t\ ,:../i . {' V /[, ------- David gchneider, 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