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Home My WebLink About10/13/2003 @~lITl @@@~@~~ CITY OF WHEAT RIDGE, COLORADO October 13, 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 Attorneys, Jerry Dahl and Carmen Beery; Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff' and interested citizens APPROVAL OF MINUTES OF September 8,2003 Motion by Mr DiTullio for the approval of the Minutes of September 8, 2003, seconded by Mr Schneider; carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read Proclamations for Literacy Day - November 1, 2003 Pennington Elementary School Regional Transportation District Day - October 16, 2003 CITIZENS' RIGHT TO SPEAK Pamela Dombrowski-Wilson, represents a company, called "The Homecoming", a non-profit organization, that receives funding through DRCOG and the National Family Caregivers Support Program They provide respite care to low income families of older adults Kevin Craig, questioned the status of the RV Ordinance Jerry Montoya, is running for City Council for District III, because he cares deeply for our community and believes he has the knowledge and experience to represent this District. He has served on the Wheat Ridge Board of Adjustment for 3 years APPROVAL OF AGENDA Motion by Mr Gokey to add an Item 7 G to the Agenda, which is a request for approval of extending Project Scope of RFB-03-030, Harlan Street Walk & Pedestrian Lights Phase II 44th - 48th Avenue, seconded by Mr Mancinelli, carried 8-0 CITY COUNCIL MINUTES~ OCTOBER 13, 2003 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1.A. REQUEST FOR APPROVAL OF A FINAL PLAT AND FINAL DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 10285 RIDGE ROAD (CASE NO WZ-02-13 AND WS-02-01) (MELODY HOMES) Item 1 A. was introduced by Mrs Rotola, executive summary read by the Clerk. Alan White was sworn in by the Mayor and presented the staff report. Darrell Pennington, representing Melody Homes, was sworn in by the Mayor He complimented and thanked staff for their help He outlined their plans for the development and asked for approval Motion by Mrs Rotola to approve Case No MS-02-01, a request for approval of a Final Plat for property located at 10285 Ridge Road, for the following reasons 1 All requirements of the City's Subdivision Regulations have been met. 2 The lot sizes meet or exceed the minimum lot sizes established in the Planned Residential Development and Planned Industrial Development zoning 3 All required utility easements are being provided 4 Adequate infrastructure will be constructed with the development to serve the proposed use 5 Sufficient public right-of-way for streets is being dedicated in the amount approved by the City's Public Works Department. With the following condition The 37 residential lots shall be subject to the City's parkland fee in lieu of land dedication and will be collected upon issuance of individual building permits, seconded by Mr Mancinelli, carried 8-0 Motion by Mrs Rotola to approve Case No WZ-02-13 a request for approval of a Final Development Plan for the residential area of the property located at 10285 Ridge Road, for the following reasons 1 The requirements of the City's Planned Development Regulations have been met. 2 Adequate infrastructure will be constructed with the development to serve the proposed use 3 The Final Development Plan meets the development standards set forth in the approved Outline Development Plan for the site With the following condition The installation of the required tree lawn and street trees shall be deferred until such time the Final Development Plan for Lot 1 of Block 4 is approved and construction commences, seconded by Mr Gokey; carried 8-0 - CITY COUNCIL MINUTES OCTOBER 13, 2003 Page -3- Item 1.B. REQUEST FOR APPROVAL OF STREET WIDTH DESIGNATION ASSOCIATED WITH CASES WZ-02-13 AND WS-02-01 (CASE NO SW-03-01) (MELODY HOMES) Item 1 B was introduced by Mr Hanley, who also read the title and executive summary Alan White presented the staff report. Mr Edwards noted for the record that street width designation is not a quasi-judicial matter as stated in the Agenda and by the Mayor, but rather a matter that invites citizen input and dialogue with their Councilmembers Steve Wilson, was sworn in by the Mayor He is Vice President for Community Planning with Melody Homes He suggested that the City improve Ridge Road at a later date, but they are willing to do whatever the City requires Mr Paranto stated that Wheat Ridge and Arvada had agreed as to what Ridge Road would look like in the future and that was the drawing shown to Council tonight. Arvada has accepted money in lieu of improvements and that money will be given to Wheat Ridge once construction commences Motion by Mr Hanley to approve Case No SW-03-01 for the following reason The proposed street width for Nelson Street, Newcomb Street, 53rd Avenue and Ridge Road will meet the City standard requirements as specified in Section 26-416 of the Wheat Ride Code of Laws seconded by Mrs Rotola Motion by Ms Figlus for an amendment to change the street width designation to 36' wide, seconded by Mr Hanley; failed 2-6 with Ms Figlus and Mr Hanley voting yes Original Motion carried 6-2 with Councilmembers Figlus and Hanley voting no Ms Figlus sees no reason why the road has to be this wide Item 2. COUNCIL BILL 38-2003 - AMENDING CODE OF LAWS SECTION 15- 19, CONCERNING GRAFFITI Council Bill 38-2003 was introduced on second reading by Mrs Rotola, who also read the summary; Clerk assigned Ordinance No 1309 Carmen Beery, explained that this Ordinance allowed anybody appointed by the City to give notice to property owners to remove graffiti' previously it had read "APCO Officers" Motion by Mrs Rotola to approve Council Bill 38-2003 (Ordinance 1309) on second reading, seconded by Mr Mancinelli CITY COUNCIL MINUTES OCTOBER 13, 2003 Page -4- Mr DiTullio called for the question, seconded by Mr Schneider; carried 6-2 with Councilmembers Hanley and Figlus voting no Motion carried 6-2 with Councilmembers Hanley and Figlus voting no Item 3 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 second reading by Mr Hanley, who also read the executive summary; Ordinance No 1310 was assigned by the Clerk. Motion by Mr Hanley to approve Council Bill 36-2003 (Ordinance No 1310), seconded by Mrs Rotola, carried 7-1 with Mr Mancinelli voting no ORDINANCES ON FIRST READING Item 4. COUNCIL BILL 41-2003 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURE-TWO TO PLANNED COMMERCIAL DEVELOPMENT FOR PROPERTY LOCATED AT 12060 WEST 52ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO WZ-02-03) (WAYNE & ALICE HINKLE) Council Bill 41-2003 was introduced on first reading by Mrs Rotola, who also read the title Motion by Mrs Rotola to approve Council Bill 41-2003 on first reading, ordered published, public hearing set for November 24, 2003 at 7 00 P m in City Council Chambers, seconded by Mr Gokey; carried 8-0 Item 5. COUNCIL BILL 42-2003 - AN ORDINANCE AMENDING CHAPTER 26 PERTAINING TO DEVELOPMENT STANDARDS IN THE RESIDENTIAL ZONE DISTRICTS (Case No ZOA-03-09) Council Bill 42-2003 was introduced on first reading by Mr Schneider, who also read the title Motion by Mr Schneider to approve Council Bill 42-2003 on first reading, ordered published, public hearing set for October 27, 2003 at 700 P m in City Council Chambers, seconded by Mrs Rotola carried 8-0 CITY COUNCIL MINUTES OCTOBER 13 2003 Page -5- Item 6. COUNCIL BILL 43-2003 - AN ORDINANCE REPEALING AND REENACTING SECTION 25-24 OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING THE APPOINTMENT OF MEMBERS TO THE URBAN RENEWAL AUTHORITY Council Bill 43-2003 was introduced on first reading by Mr Gokey, who also read the title Motion by Mr Gokey to approve Council Bill 43-2003 on first reading ordered published, public hearing set for October 27, 2003 at 700 P m in City Council Chambers, and if approved on second reading, take effect 15 days after final publication, seconded by Mrs Rotola, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 7 CONSENT AGENDA. A. RESOLUTION 22-2003 - AMENDING THE FISCAL YEAR 2003 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE WHEAT RIDGE FOUNDATION B RESOLUTION 21-2003 - AMENDING THE FISCAL YEAR 2003 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR AWARD OF RFB-03-041 generator replacement. C Award RFP-03-042 Building Inspection Services D Award RFB-03-046 Baugh Cabin Stabilization and Roof Replacement. E Award RFP-03-035 Sales/Use Tax Audit Services F Approval for inclusion of the purchase of liquid deicers to the annual street maintenance materials account. G Approval of extending Project Scope of RFB-03-030, Harlan Street Walk & Pedestrian Lights Phase II, 44th - 48th Avenue Consent Agenda was introduced and read by Mr DiTullio Ms Figlus asked to pull G Motion by Mr DiTullio for the approval of A. BCD E. F , seconded by Mr Edwards, carried 8-0 Motion by Ms Figlus for approval of Item G , seconded by Mr Edwards Mr Paranto gave the staff report. Motion carried 8-0 - CITY COUNCIL MINUTES OCTOBER 13, 2003 Page -6- ELECTED OFFICIALS' MATTERS Mr Gokey asked that a Council Rule Change be put on the October 27 Agenda, which would eliminate the Public Works Advisory Committee and the City Affairs Committee Mr Mancinelli moved to direct the City Manager to communicate to the Planning Commission Council's request that: (1) the Commission forward its recommendation on Case No W50301 without delay, in order that Council may have that recommendation prior to the scheduled and previously noticed October 27, 2003 public hearing, and (2) in the event no Planning Commission recommendation has been received prior to that date, the Council will consider that the Commission has no recommendation, seconded by Mrs Rotola, carried 5-3 with Councilmembers Hanley, Figlus, and DiTullio voting no Mr Mancinelli thanked everybody who supported him in his last two terms and especially thanked the 25-35 members who faithfully supported the District II First Monday meetings He thanked Council for creating the Liquor Authority; he thanked Mayor Cerveny for including him during the presentations of various Housing programs presented through the Metro Mayors Caucus, CML and other programs He thanked Vance Edwards for his leadership in helping to re-write Chapters 15 and 26 of our Code of Laws, the Streetscaping and Architectural Design Manual, the 38th Avenue Streetscape Project from Sheridan Blvd to Harlan and resurrection of our 38th Avenue Merchants Association, thereby using for the first time federal funds for improvements Thank you to the Wheat Ridge Alliance for Progress and all of their members for their support and commitment in seeing that our City has some chance for stepping into the future Ms Figlus was concerned about the wording in our Graffiti Ordinance and wants to see some changes Motion by Ms Figlus to direct the City Attorney to write a new Ordinance that only charges people 25% and not the escalated 50% and 75% in the same calendar year; seconded by Mr Hanley; failed 2-6 with Mr Hanley and Ms Figlus voting yes Motion by Mr Schneider to direct the City Manager to bring forth to the November Study Session staffs recommendation for a revised or new Recreational Parking Ordinance, seconded by Mrs Rotola, carried 8-0 Meeting adjourned at 9 38 P m . . / ~ti.J;:,d..t~ ;.~~,~., " Wanda Sang, City Crerk CIL ON OCTOBER 27,2003 BY A VOTE OF ~ to 0 t