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HomeMy WebLinkAbout03/11/1996 CITY COUNCn.. MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building March 11. 1996 The Regular City Council was called to order by Mayor Wilde at 7 00 P m Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean Fields, Janelle Shaver, Ken Siler, and Claudia Worth Tony Solano was absent; he is attending National League of Cities in Washington D C Also present: City Clerk, Wanda Sang, City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City Attorney, Gerald Dahl, Director of Planning, Glen Gidley; Chief of Police, Jack Hurst; staff; and interested citizens APPROVAL OF MINUTES of February 26, 1996 Motion by Mr Eafanti for the approval of the Minutes of February 26, 1996, seconded by Mr Siler; carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor Wilde proclaimed March 1996 "RED CROSS MONTH" CITIZENS' RIGHTS TO SPEAK Cheryl Major-Jaramillo complained about speeders on Dover Street between 38th and 44th Avenues, speed is posted at 25 mph but people go much faster Mayor Wilde stated that this will be discussed on the March 18 Study Session Eric Prinzler, State Representative for District 31, addressed House Bill 1362, which concerns an alternative to the current emissions program It would allow businesses other than Envirotest to do emissions testing Debra Schmidt-Davies asked that City Officials help with the speeders on Dover Street. Bud Lehrer is also concerned about the speeding on Dover Street; he has seen some people go as fast as 50 mph CITY COUNCIL MINUTES March 11, 1996 Page -2- Louise Turner thanked Council for their support of the Arts Festival She spoke in favor of an 8 ft asphalt trail for the Greenbelt. LOCAL LIQUOR AUTHORITY MATTERS Item 1. Discussion of liquor license renewal for Vern's City Clerk, Wanda Sang, and Chief Jack Hurst presented the staff report. Tom Little, applicant, was sworn in by the Mayor and answered questions. Motion by Mr Siler to approve the renewal application for Vern's, 7605 West 44th Avenue, Wheat Ridge, and authorize the Mayor and Clerk to sign the application and forward it to the Department of Revenue, seconded by Mr Eafanti, carried 7-0 Item 1. A. Motion by Mr DiTullio that the contract, the design and relocation of the greenbelt trail and consideration of greenbelt design standards be added as Agenda Item 1 A., seconded by Mrs Fields, carried 7-0 Item 1. B. Motion by Mr DiTullio that the design contract for the greenbelt relocation from Vivian Street to Miller Street be awarded to MDG & Associates in the amount of their proposed fee of $44,995, and that $5,545 be transferred from the Conservation Trust Fund, fund balance, to Acct. 54-601-862, and that the 1996 budget be amended accordingly; seconded by Mrs Fields, carried 7-0 Item 1. C. Motion by Mr DiTullio that the greenbelt trail study as prepared by MDG & Associates be amended to provide that the surface material standard for multi-use trails be asphalt and that such standard be incorporated into the design of the relocated section of greenbelt from Vivian Street to Miller Street; seconded by Mrs Fields, carried 5-2 with Mr Eafanti and Mr Siler voting no Mr Siler stated that concrete seems to be the established material for Jefferson County and trail systems throughout the metro area and he doesn't believe we should change that in the City of Wheat Ridge, despite what some people think, he feels concrete will hold up longer than asphalt; it is less toxic to the environment; asphalt has a petroleum base and there will be leeching of petroleum products into the soil, which puts it into the watershed. Mr Eafanti walks the greenbelt every day and he is sold on concrete, it lasts longer, costs less CITY COUNCIL MINUTES March 11, 1996 Page -3- Item 1. D. Motion by Mr DiTullio that the greenbelt trail study as prepared by MDG & Associates be amended to provide that the standard multi-use trail width or section be 10 feet with no provisions for construction of other adjacent formal or informal trails and that such standard be incorporated into the design of the relocated section of greenbelt trail from Vivian Street to Miller Street and that the conservation trail be constructed to a 6 foot width with a soft surface material, seconded by Mrs Fields Motion by Mrs. Shaver to amend Item 1 D to substitute 8 feet for 10 feet; seconded by Mrs. Dalbec; failed 3-4 with Councilmembers Dalbec, Worth and Shaver voting yes Motion by Mrs Dalbec to amend Item 1 D that the greenbelt trail study as prepared by MDG & Associates be amended to provide that the standard multi-use trail width or section be 8 to 10 feet with the guide to MDG to protect the environment, the trees that are there, with no provisions for construction of other adjacent formal or informal trails and that such standards be incorporated into the design of the relocated section of greenbelt trail from Vivian Street to Miller Street and that the conservation trail surface be replaced with crusher fine as needed, seconded by Mrs. Worth Motion by Mrs Dalbec to withdraw her motion, carried 6-1 with Mr Eafanti voting no Motion by Mr Siler to amend Item 1 D that the standard trail width be 10 feet with provisions of narrowing the trail down to 8 feet for conservation of endangered species or trees in or along the trail surface in connection with consultation by the City Naturalist and Forester and the conservation trail on the south side be constructed to a 6 foot width with crusher fine when repairs are needed and as detailed in the study; seconded by Mr DiTullio, carried 7-0 Vote on original motion as amended carried 7-0 Item 1. E. Motion by Mr DiTullio that the greenbelt trail study as prepared by MDG & Associates be amended to provide that bridges to be constructed as part of the greenbelt relocation project be constructed of similar materials to those in existence on the greenbelt utilizing wood decking; seconded by Mrs Fields. Mrs Dalbec asked for a friendly amendment that all vegetation disturbed by the work in the greenbelt be replaced. This was accepted by motion- maker and second Motion carried 7-0 Motion by Mrs Worth that during construction of the greenbelt trail on the north side of Clear Creek MDG be instructed not to, if at all possible, destroy any trees over six inches in diameter and that if need be they make provisions to split the trail and go around the tree so that we can maintain the shelter and the canopy of the trees that are existing there, seconded by Mr Eafanti, carried 7-0 CITY COUNCIL MINU~ES March 11, 1996 Page -4- Motion by Mrs. Worth to add an Agenda Item 8. - Appointments to the Richards-Hart Estate Advisory Committee, seconded by Mrs. Fields, carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 10 - An Ordinance providing for the approval of Rezoning from Agricultural-One and Commercial-One to Residential-Two-A District on land located at 4470 Lee Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case Nos WZ-96-1 and MS-96-1) (Bandimere) Council Bill 10 was introduced on second reading by Mrs Worth, title read by the Clerk; Ordinance No 1021 assigned. Ben Bandimere, applicant, was sworn in by the Mayor and presented his case Glen Gidley was sworn in and gave the staff report. Lucille Knowlton was sworn in and asked for approval of the rezoning and the variance Motion by Mrs Worth that Council Bill 10 (Ordinance 1021), a request for rezoning from C-1 and A-1 to R-2A for property located at 4470 Lee Street, be approved for the following reasons 1 The request is consistent with the Comprehensive Plan 2 In general, the evaluation criteria support the request. 3 There have been no overriding protests registered by surrounding property owners, seconded by Mr DiTullio, carried 7-0 Motion by Mrs. Worth that the request for approval of a 2-lot minor subdivision with variances for property located at 4470 Lee Street be approved for the following reasons There has been no objection at the public hearing. The variances be as described in subsection V of the staff report; seconded by Mr Siler; failed 3-4 with Councilmembers Siler, Worth, and Eafanti voting yes Motion by Mrs Worth that the request for approval of a 2-lot minor subdivision for property located at 4470 Lee Street be approved for the following reasons All requirements of the subdivision regulations have been met with the following condition The plat be redesigned to allow for one R-2A Single Family lot and one R-2A Duplex lot; seconded by Mr DiTullio, carried 6-1 with Mr Siler voting no Item 2. Re-adoption of Ordinance 1016- An Ordinance providing for the permitting and regulation of Bus Stop Shelters and Advertising Signage thereon Gerald Dahl explained the change in Section 3 , paragraph (2) take out the word "that" and insert if located within a residential zone district. CITY COUNCIL MINUTES March 11, 1996 Page -5- Motion by Mrs. Fields for re-adoption of Ordinance 1016, with the revision to Section 21-151 as recommended by staff; seconded by Mr Siler; carried 6-1 with Mr DiTullio voting no Mr DiTullio feels we will be creating billboards all over the City; they are a magnet for graffiti Item 3. Council Bill 11 - An Ordinance concerning solicitation on or near a street or highway Council Bill 11 was introduced on second reading by Mrs Fields, title read by the Clerk; Ordinance No 1022 assigned. Motion by Mrs Fields for approval of Council Bill 11, seconded by Mr Eafanti, failed 3-4 with Councilmembers Eafanti, Siler, and Fields voting yes. DECISIONS. RESOLUTIONS. AND MOTIONS Item 4. Motion to approve an Agreement between the City of Wheat Ridge and Outdoor Promotions, LLC regarding Bus Stop Shelters City Attorney, Gerald Dahl, explained that re-adopted Ordinance 1016 allowed bus shelters in Wheat Ridge and this item is an agreement to place bus stop shelters in the City He suggested various amendments to the agreement. Bill Robinson, President of Outdoor Promotions, LLC was present and answered Council's questions Motion by Mr Siler for approval of the agreement between the City of Wheat Ridge and Outdoor Promotions regarding Bus Stop Shelters with the following corrections Page 1, this agreement is made as of the 31st day of March, 1996. On Page 3, paragraph 4 g, 300 feet be changed to 100 feet. Page 6, paragraph 12 b, the last sentence be scratched. Page 6, paragraph 13 a. delete the word all and add words to the effect said RTD Bus Stops shall not be removed until Outdoor Promotions is ready to install their shelters. Motion was seconded by Mr Eafanti; carried 6-1 with Mr DiTullio voting no Item 5. Motion to approve 1996 Outside Contributions. Motion by Mr DiTullio that the $200 earmarked for Regional Air Quality Council be split in $50 00 increments and given to Volunteers of America, Senior Resource Center, Child Advocacy League and Wheat Ridge Art League, seconded by Mrs Fields, failed 3-4 with Councilmembers DiTullio, Shaver, and Fields voting yes Frank Stites spoke on behalf of the Wheat Ridge Art League and thanked Council for their support. CITY COUNCIL MINUTES March 11, 1996 Page -6- Motion by Mr Siler that the 1996 City Council outside contributions be approved as presented in the total amount of $20,000; seconded by Mrs Fields, carried 7-0 Item 6. rg:Q)INJ~~lNJu ';^\~~INJ[Q)~o A. Resolution 1528 - Intergovernmental Agreement with Wheat Ridge Sanitation District regarding protection of Sewer Service Lines during construction B Motion to approve final payment to New Design, 1994 Accessibility Improvement Project (West 44th Avenue and Ammons Street) C Bid Award - RFB #96-12, Color Plotter Motion by Mrs Worth for the approval of the Consent Agenda, Items Band C , seconded by Mr DiTullio, carried 7-0 Motion by Mrs Worth for approval of Item A, seconded by Mr Siler; carried 7-0 Item 7. Approval of expenditure items Motion by Mrs Worth for the approval of expenditure items as presented, seconded by Mr Siler Motion by Mrs Fields to change the $4,000 contribution to the Carnation Festival Committee to $2,000 with the services remaining as previously recommended; seconded by Mrs Dalbec. - Mrs. Fields withdrew her motion - Motion by Mr Siler to postpone the decision on the Carnation Festival contribution until the next Council Meeting and to discuss this during the March 18, 1996 Study Session, seconded by Mrs Fields, carried 6-1 with Mrs Dalbec voting no Motion by Mrs Worth for approval for the remainder of the expenditure items, seconded by Mr Siler; carried 7-0 Motion by Mr Siler to go past 11 00 pm., seconded by Mrs. Shaver; carried 4-3 with Councilmembers Dalbec, Siler, and DiTullio voting no CITY COUNCIL MINUTES March 11, 1996 Page -7- Item 8. Appointments to the Richards-Hart Estate Advisory Committee Motion by Mrs Worth to approve the appointments of Virginia Carr, 3252 Vivian Drive, Wheat Ridge, for a three-year term, ending March 2, 1999, and June Branstetter, 3765 Holland Street, Wheat Ridge, for a term ending March 2, 1998, to the Richards-Hart Estate Advisory Committee. They will both represent District III, seconded by Mr DiTullio, carried 6-1 with Mrs Dalbec voting no ELECTED OFFICIALS MATTERS Mr Siler asked for update on police department remodel and problems associated with it. Mr Middaugh gave update He invited Council to come by and take a tour to see how things have progressed. Mayor Wilde expressed his displeasure with recent actions by the West Chamber, namely their support of House Bill 69, the takings bill, which the City of Wheat Ridge opposed by Resolution, their subsequent actions during a meeting he attended, and their general non- support toward the City of Wheat Ridge's interests Wheat Ridge pays a $600 per year membership to the Chamber Motion by Mrs Worth to cancel our membership in the West Chamber of Commerce, seconded by Mr DiTullio, carried 5-2 with Mr Siler and Mrs Fields voting no Mr Siler feels we need to hear more from the business community before we make a decision, this should be discussed at a Study Session Claudia Worth is taking classes in parliamentary procedures, she asked that booklets be purchased for all of Councilmembers and have one available for the public; this booklet is much easier to read than Robert's Rules She asked that Agenda Item 1 on the Study Session be postponed until April 1 Janelle Shaver informed Council that a 45-year old resident of Wheat Ridge needs a bone marrow transplant; she asked that people help Motion by Mr Eafanti to adjourn, seconded by Mr Siler; carried 7-0 Meeting adjourned at 11 45 P m. ; ( dt :1 -./ _. I' . - , ...,_ . "vd-,tL:~. ... \ (.,.1 s: Wanda Sang, City Clerk ~ B~'t-CQUt-.lCll ON MARCH 25, 1996 BY A VOTE OF ~ TO ~ .~"'--- "'---