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HomeMy WebLinkAbout05/15/1995 MAY 15, 1995 STUDY SESSION MINUTES CITY OF WHEAT RIDGE, COLORADO The City Council Study Session was called to order by Mayor Wilde at 7 00 P m Councilmembers present Rae Jean Behm, Teri Dalbec, Donald Eafanti, Vance Edwards, Jean D Fields, Ken Siler and Claudia Worth Councilmembers absent Tony Solano Also present City Clerk, Wanda Sang, City Administrator, Robert Middaugh; City Attorney, Gerald Dahl, Director of Planning, Glen Gidley, and Member of Wheat Ridge Planning Commission, Bob Eckert The purpose of the meeting was for City Council and Planning Commission to discuss Planning and Zoning laws and legal issues Item 1. Discussion with City Attorney on Planning and Zoning law and legal issues Mr Dahl, City Attorney, provided hand-outs and explained the regulations for planning, land development and zoning matters Council and staff discussed Planned Unit Development Districts; subdivision platting and review, zone districts, revising and amending Wheat Ridge Zoning Regulations; holding one lengthy study session and one short study session a month to study issues prior to the regular city council meetings; subdivision regulations adopted by resolutions, annexation procedures; right- of-way agreements and issues and vested property rights Consensus was 5-2 that the amendment to the Zoning Ordinance, before it becomes a first reading ordinance, that it go to the City Affairs Committee and that it not come to the City Council unless passed by a majority of that committee Meeting adjourned at 8 55 P m --' Wanda Sang, City,Clerk CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building Mav 22. 1995 The Regular City Council meeting was called to order by Mayor Wilde at 7'00 p m Councilmembers present: Rae Jean Behm, Teri Dalbec, Don Eafanti, Vance Edwards, Jean Fields, Ken Siler, Tony Solano, and Claudia Worth Also present: City Clerk, Wanda Sang; City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Planning, Glen Gidley; Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel; Parliamentarian, Mary E Bahde, staff; and interested citizens APPROVAL OF MINUTES of May 8, 1995 Motion by Mr Eafanti for the approval of the Minutes of May 8, 1995, seconded by Mr Siler, carried 8-0 CITIZENS' RIGHTS TO SPEAK Ira Greschler, 2995 Baseline Road, #201, Boulder, Co , Attorney, representing Mr Solano and Mr Siler, submitted a petition titled "Ordinance Taxpayers Bill of Rights for the City of Wheat Ridge" The document addresses surplus emergency reserve funds being held by the City He requested that the petition be submitted to the City Title Board for approval as to form so that it can be circulated as a petition and that it be adopted by the City Council as an ordinance Alan Krenek, 2635 Pierce Street, thanked the Building Department and Zoning Department for their work in resolving concerns he had, and apologized if there was undue pressure put upon the departments to resolve the problems Doris Ibbison, 3315 Marshall Street, spoke about the Wheat Ridge Memorial High School Scholarship that has been established and honors past "Farmer" graduates both deceased and living The scholarship is for $500 00 the first year and is to be used to further a 1995 graduate's education at a two or four year institution or professional school The plan is to have the scholarship offered annually The gift was donated by the class of 1939 and they hope to keep it going every year and would appreciate any donations CITY COUNCIL MINUTES May 22, 1995 Page -2- David Dertina, 14473 W 3rd Ave, Golden, Colorado, spoke regarding a vacation of Miller Street for his project that was approved on May 8 Second reading was postponed to June 26 because there was a new ordinance being considered regarding street vacation policy He has received a copy of Council Bill 19, and it has no affect on the purpose of the street vacation for this project. He requested that City Council please review his request for an earlier hearing on June 12 for second reading so he can get the plat recorded and move on with the project. Motion by Mrs Behm, that this request be added as an agenda item for consideration this evening; seconded by Mr Solano, carried 7-1 with Mrs Fields voting No Mayor Wilde stated that it will be considered and placed on the Agenda before Item No 3 Robert Pitler, Attorney representing Fante Brothers Coventry Homes, referred to his letter of May 17 requesting a rehearing of Council's decision on May 8th denying Case No MS-95-1, an application by Fante Brothers Coventry Hones, Inc for Gary and Marlayne Herrera, property located at 8501 West 38th Avenue He stated he has submitted all the documentation requested by the City Attorney and would like to avoid legal action and a court case Motion by Mr Eafanti that City Council rehear Case No MS-95-1 an application by Fante Brothers Coventry Hones, Inc , for Gary and Marlayne Herrera for a three-lot minor subdivision with variances for property located at 8501 West 38th Avenue, seconded by Mrs Behm, carried 6-2 with Mr Edwards and Mrs Fields voting No ORDINANCES ON FIRST READING Item 1. Council Bill 18 - An Ordinance vacating portions of West 42nd Avenue, West 43rd Avenue and Kendall Street within the City of Wheat Ridge, County of Jefferson, State of Colorado, adjacent to 4265, 4275, 4285 and 4295 Kendall Street and 6215, 6217, and 6219 West 41st Avenue (Case No WV-95-2) Council Bill 18 was introduced on first reading by Mr Edwards, title read by the Clerk. Motion by Mr Edwards that Council Bill 18 be approved on first reading, ordered published, public hearing be set for Monday, June 26, 1995 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Eafanti, carried 7-1 with Mr Solano voting No CITY COUNCIL MINUTES May 22, 1995 Page -3- Item 2. Council Bill 19 - An Ordinance amending Chapter 21 of the Wheat Ridge City Code concerning Streets and Sidewalks Council Bill 19 was introduced on first reading by Mr Edwards, title read by the Clerk. Motion by Mr Edwards that Council Bill 19 be approved on first reading, ordered published, public hearing be set for Monday, June 12, 1995 at 7.00 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mrs Dalbec; carried 8-0 Item 3. An Ordinance vacating a portion of Miller Street between West 41 st Avenue and West 39th Avenue within the City of Wheat Ridge, County of Jefferson, State of Colorado Motion by Mrs Behm that Council Bill 17 be published for a Public Hearing to be set for June 12, 1995 at 7'00 p m. in Council Chambers, Municipal Building, and if approved on second reading take effect one day after final publication, seconded by Mr Eafanti, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. Contract Award, Landscape Design Improvements, Prospect Park Expansion and Johnson Park Improvements. Mr Siler introduced Item No 4, title read by the Clerk. Motion by Mr Siler that the contract for Design of Landscape Improvements, Prospect Park Expansion and Johnson Park Improvements be awarded to THK Associates in the amount of their fee of $16,30000 $11,50000 charged to Account No 32-601-862 and $4,80000 charged to Account No 54-601-862, and that a contingency force account be established of $2,000 00 and charged to appropriate accounts That the funds be encumbered for the length of the Project which expressly allows the expenditure of funds in 1996 for this Project in accordance with Ordinance No 787, 1989 series, seconded Mrs Behm, carried 8-0 Item 5. Supplemental appropriation for architectural services for police building expansion Mrs Worth introduced Item No 5 and read the title into the record. Motion by Mrs. Worth that $3,00000 be approved as a supplemental appropriation for Reck and Associated for design services associated with the Police Department building expansion and that said appropriation be paid from the voter approved Police Department building expansion fund, seconded by Mr Siler, carried 8-0 CITY COUNCIL MINUTES May 22, 1995 Page -4- Item 6. Set hearing date for Liquor Violation Hearing for Valley Liquors Motion by Mrs Worth to postpone the Liquor Violation Hearing for Valley Liquors to Monday, June 12, 1995 at 6.00 pm, and order the City Attorney to prepare a Notice of Hearing and Order to Show Cause and authorize the Mayor and City Clerk to sign it; seconded Mr Edwards, carried 8-0 Item 7. CONSENT AGENDA. A. Approval of Camping world ESTIP payment. B Approval of Ridge Village ESTIP payment. Consent Agenda was introduced by Mr Edwards, titles read by the Clerk. Motion by Mr Edwards for the approval of the Consent Agenda, Items 7A and 7B, seconded Mr Solano, carried 8-0 CITY ADMINISTRATOR'S MATTERS Item 8. A. Discussion regarding reception service level B Economic Development Strategic Plan Item A. Discussion regarding reception service level Mr Middaugh referred to his memorandum of May 16th and stated that there doesn't need to be a formal vote or action, only a consensus to retain the services Mr Eafanti stated that the reception services should be continued because he feels that it is very impersonal to walk into a place and talk to a machine Consensus was 8-0 that the City Hall Reception services in the lobby be retained and that the positions be filled when there is a vacancy Item B. Economic Development Strategic Plan Mr Middaugh stated that Mr Schmitz, Economic Development Coordinator, has incorporated the Council comments from several different reviews of the Economic Development Strategic Plan and requested direction from Council as where to go from here Motion by Mrs Worth that consideration of the City of Wheat Ridge Economic Development Plan be postponed until Mr Edwards and Mr Eafanti can meet with Mr Schmitz for further review and clarification and bring back for consideration on June 12, 1995, unless otherwise contacted, seconded Mrs. Dalbec, carried 8-0 CITY COUNCIL MINUTES May 22, 1995 Page -5- ELECTED OFFICIALS MATTERS Mr Edwards passed on a citizen's concerns expressed to him when he was at the filing station, that there was not enough police visibility from 26th Avenue to 32nd Avenue, Fenton Street to Sheridan Boulevard Mrs. Worth questioned why the City is not enforcing the parking law for semi-trucks on the City streets Trucks are being parked on a regular basis at 41 st between Kipling and Independence Street and 45th and Miller Street. She stated several people inquired and were told by the Department that they had other priorities. Mr Siler spoke to the May 8th Council Meeting, Item No 10, when he made a motion to postpone the Council appointment of Tobin Jobin to the Arborist Board as a member from District IV Mr Jobin had returned his request to the Board in January and the City Affairs Board had approved it in April It was an oversight and should have been brought forth before the May 8th meeting He requested that Council approve Mr Jobin's appointment to the Arborist Board from District IV Motion by Mr Siler for approval of Mr Jobin to the Arborist Board, seconded Mrs Behm Mrs. Dalbec stated that the most recent City Affairs Committee meeting was postponed and she would like this appointment to be postponed until she has had time to discuss it with the City Affairs Committee Mr Siler withdrew his original motion Motion by Mr Siler that consideration of an appointment to the Arborist Board be postponed until June 26th City Council Meeting, seconded Mrs Behm, carried 6-2 with Mr Solano and Mrs Worth voting No Mr Eafanti stated a semi-truck is parked on 44th and Kendall and it sticks out right on the sidewalk. Through the nature of his business, he meets and talks with the public every day, and it has come to his attention that a lot of Wheat Ridge taxpayers are having a difficult time paying their taxes and some can no longer afford to live in their own home He would like City Council to send a letter to Jefferson County Assessor, letting them know what they are doing to the citizens Consensus was 8-0 that a letter be sent to the Jefferson County Assessor advising her that the recent reassessment of property values has impacted and become a real hardship to the citizens and especially the senior homeowners in Wheat Ridge CITY COUNCIL MINUTES May 22, 1995 Page -6- Tony Solano spoke to the Taxpayers Bill of Rights petition submitted this evening and questioned how soon it could go to the Title Board Mr Dahl stated he hasn't had time to study the recent election laws adopted by the Legislature, but he will immediately get copies to City Council and the City Clerk. Motion by Mr Solano for the Title Board to meet and consider the Title for the "Taxpayers Bill of Rights," and be presented to be a Charter Amendment, on first reading June 12, 1995 Motion failed for lack of a second Wanda Sang, stated it is her understanding that if there is an amendment to the Charter that goes to a vote of the people, the petitioner shall obtain the petitions from the City Clerk. No one has come to her office and asked for petitions The document that was submitted this evening is a Notice Jean Fields questioned who sets the agenda as to how long it will be with meetings going to 2.30 a.m. in the morning or having to add items at the meeting Lately the agendas seem to be very confusing Tony Solano stated he approves the agenda on its merits Generally speaking he lets the staff advise him what order they feel particular items need to be placed on the agenda. If an item is going to be a controversial issue, he generally makes a motion to move the item so that the public doesn't have to sit and wait a long time in Council Chambers Motion by Mr Eafanti to adjourn, seconded by Mrs. Behm, carried 8-0 Meeting adjourned at 8 15 p m ( , I w:n~~ 's;~g,E~ ~~~ APPROVED BY CITY COUNCIL ON JUNE 12, 1995 BY A VOTE OF 7 TO 0 h ( - - ~\ "'\!^-'\ tU-:-, Tony Solano, 'council Pre~dent ( \ '--