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Home My WebLink About06/24/1996 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building June 24. 1996 The Regular City Council was called to order by Mayor Wilde at 700 pm Councilmembers present: Teri Dalbec, Jerry DiTullio, Jean Fields, Janelle Shaver, Ken Siler, Tony Solano, and Claudia Worth Don Eafanti was on vacation 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 Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES of June 10, 1996 Motion by Mr Siler for the approval of the Minutes of June 10, 1996, seconded by Mrs Fields, carried 6-0 with Mr Solano abstaining PROCLAMATIONS AND CEREMONIES Mayor Wilde administered the Oath of Office for Karen Thiessen, Board of Adjustment. CITIZENS' RIGHT TO SPEAK There was no one present to speak. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 23 - An Ordinance amending Section 2-53(d) of the Wheat Ridge Code of Laws, concerning voting rules for the Board of Adjustment. Council Bill 23 was introduced on second reading by Mr DiTullio, title read by the Clerk; Ordinance No 1031 assigned Motion by Mr DiTullio for approval of Council Bill 23 (Ordinance No 1031), seconded by Mr Solano, carried 7-0 CITY COUNCIL MINUTES June 24, 1996 Page -2- Item 2. Council Bill 29 - An ordinance for the regulation of traffic by the City of Wheat Ridge, Colorado, adopting by reference the 1995 edition of the "Model Traffic Code For Colorado Municipalities", repealing all ordinances in conflict therewith, and providing penalties for violation thereof Council Bill 29 was introduced on second reading by Mr Siler; title read by the Clerk; Ordinance No 1032 assigned City Attorney, Gerald Dahl, Commander, Joe Cassa, and Judge Randy Davis were sworn in by the Mayor and answered questions Motion by Mr Siler for adoption of Council Bill 29 (Ordinance 1032) with three changes 1 Page 3, Section 1203, include the words "or private drive", 2 Page 4, Section (d), change the figure eight to "six", 3 Page 4, Section (d), change the figure fourteen to "seventy-two", seconded by Mrs Dalbec; carried 7-0 Item 3. Council Bill 20 - An ordinance amending the Wheat Ridge Code of Laws, Zoning Ordinance, Section 26-7 Nonconforming Uses. Council Bill 20 was introduced on second reading by Mr DiTullio, title read by the Clerk; Ordinance No 1033 assigned The following speakers were sworn in by the Mayor Gerald Benson, owns property at 3300 Kipling Street, had some questions regarding the Ordinance Marsha Hartley, 3895 Dover Street, has a contract on her house, but her buyers want her to reduce the sales price because of concerns about the possibility of the zoning being changed by the year 2000 Mr Dahl explained that, if this Ordinance passes tonight, this will become a legal nonconforming use with no time limit and Mrs. Hartley can pass this on to her buyers Susan Seeds, 6147 West 35th Drive, asked Council not to pass this Ordinance in its present form, this bill is not the answer to the problem of nonconforming uses City Clerk, Wanda Sang, read a letter from Wheat Ridge United Neighborhoods into the record, which expressed their grave concerns with this Council Bill, they asked that Council vote no at this time to avoid any future hardship on the business and residential communities in the City CITY COUNCIL MINUTES June 24, 1996 Page -3- Motion by Mr DiTullio that Council Bill 20 (Ordinance 1033) be approved on second reading and take effect 15 days after final publication with the following condition Proposed new language located in sub-sections (E), and (E) (7) not be included in final approval, seconded by Mrs Shaver Motion by Mr Solano to exempt commercial use properties from this and to have an effective date to come into compliance by the year 2025, seconded by Mrs Worth, failed 2-5 with Councilmembers Worth and Solano voting yes Motion by Mrs Worth to exempt commercial use properties and that the amortization period be the year 2000; seconded by Mrs Dalbec, failed 2-5 with Councilmembers Dalbec and Worth voting yes Original motion carried 6-1 with Mrs Dalbec voting no Motion by Mr DiTullio that all non-conforming properties identified by planning staff be referred to the Comprehensive Plan Committee for review and recommendation with said recommendations from the Committee being referred back to Council as soon as possible, seconded by Mrs Worth, carried 7-0 Motion by Mr DiTullio that the City Attorney review Chapter 26 of the Code of Laws with regards to group homes, invalid enumerated uses, and inconsistent language and return recommended changes back to Council in Ordinance form to a Council Study Session or a Council regular business meeting as soon as possible, seconded by Mrs. Fields, carried 7-0 ORDINANCES ON FIRST READING Item 4. Council Bill 30 - An ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16.8(b) Council Bill 30 was introduced on first reading by Mr DiTullio, title read by the Clerk. Councilmembers had various suggestions to changing the text of the submitted Council Bill. Motion by Mr Solano that the City Attorney be directed to develop a ballot initiative to deal with additional responsibilities for the Mayor's position with regards to voting, seconded by Mrs Worth, failed 3-4 with Councilmembers Siler, Worth, and Solano voting yes CITY COUNCIL MINUTES June 24, 1996 Page -4- Motion by Mr DiTullio that Council Bill 30 be approved on first reading, ordered published, public hearing be set for Monday, July 22, 1996 at 7 00 p.m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 1 day after final publication, seconded by Mrs Dalbec Mrs. Dalbec asked for a friendly amendment that under Section 3.2 the first sentence read "The mayor shall be the chief elected officer of the city" This was accepted as friendly amendment. Mrs Shaver asked for a friendly amendment under Section 3.2 the last sentence read "The mayor shall serve as a liaison between the city council and the city administration, including, but not limited to, attendance at meetings and special events involving the city administration" This was accepted as friendly amendment. Friendly amendment was accepted by motion-maker and second to strike the words on the last sentence on page two "during a vacancy in office or during the temporary absence or disability of the city manager" Friendly amendment was accepted by motion-maker and second to add a sentence on page 3, paragraph 3, that reads "The council shall assure that the city manager performs his duties as provided by this Charter" Jerry DiTullio asked that the ballot title read as follows. "Shall the Home Rule Charter of the City of Wheat Ridge be amended to adopt the Council- Manger form of government instead of the current Council-Mayor-Administrator form, and, in connection therewith, provide for the appointment and termination of the City Manager by the City Council, provide that the City Manager shall be held accountable to the City Council for his actions, provide that the City Manager be the Chief Administrator of the City and making conforming changes?" seconded by Mrs Dalbec CITY COUNCIL MINUTES June 24, 1996 Page -5- Motion by Mr Solano to vote on the ballot title separately and that it read as follows SHALL THE HOME RULE CHARTER OF THE CITY OF WHEAT RIDGE, COLORADO, BE AMENDED TO PROVIDE FOR A COUNCIL-MANAGER FORM OF GOVERNMENT, AND IN CONNECTION THEREWITH, PROVIDING FOR APPOINTMENT AND TERMINATION OF THE CITY MANAGER BY THE CITY COUNCIL, PROVIDING FOR THE MAYOR TO ACT AS A LIAISON BETWEEN THE CITY COUNCIL AND THE CITY ADMINISTRATION, PROVIDING THAT THE CITY MANAGER SHALL BE THE CHIEF ADMINISTRATIVE OFFICER OF THE CITY, AND MAKING CONFORMING CHANGES Seconded by Mr Siler Mrs Dalbec called for the question, carried 6-1 with Mrs. Fields voting no Motion carried 4-3 with Councilmembers Dalbec, Worth, and DiTullio voting no Original Motion as amended carried 6-1 with Mr Solano voting no DECISIONS. RESOLUTIONS. AND MOTIONS Motion by Mr Solano to move Items 6 and 7 before Item 5, seconded by Mr Siler; carried 7-0 Item 6. Discussion on Veterans Memorial and possible City action Bill Wiggins, 2790 Vance Street, is not opposed to the Veterans Memorial, but questioned the location, he alleged that Mr Hayward, who dedicated this park to the City, insisted this be a passive use neighborhood park. Mr Wiggins also questioned if this was budgeted as a 1996 expenditure He questioned restroom facilities, drinking water, parking for groups of over 25 persons After discussion, no action was taken on the matter at this time A neighborhood meeting will be scheduled to get the citizens involved Motion by Mrs Worth to suspend the Rules and continue the meeting until the end of the Agenda, seconded by Mrs. Shaver; failed 2-5 with Mrs Worth and Shaver voting yes Motion by Mr Solano to finish Agenda Item 7 and then adjourn the meeting, seconded by Mrs Dalbec; carried 7-0 CITY COUNCIL MINUTES June 24, 1996 Page -6- Item 7. Bid Award for Public Works Shops auxiliary building (RFB #96-28) Mr Goebel explained that this building would store street sweepers, motorcycles in the Winter, and Christmas decorations. Duane Hufford, 4495 Pierson Street, his house is east of the maintenance facility; questioned chemical waste from the street sweepers coming in his yard, has concerns about the building being only 15 feet from his yard. Motion by Mr Siler to postpone this Item until the City can work out the zoning problem on this, seconded by Mrs Dalbec, carried 6-1 with Mr Solano voting no Motion by Mrs Dalbec to finish this meeting Monday, July 1, 1996 at 6'00 p m and then hold the Study Session, seconded by Mr DiTullio, carried 6-1 with Mr Siler voting no Motion by Mrs Dalbec to adjourn, seconded by Mrs. Worth, carried 5-2 with Mrs. Worth and Mrs. Shaver voting no Meeting adjourned at 11.35 p.m. July 1, 1996 - Meeting of June 24,1996 was continued. The June 24, 1996 Wheat Ridge City Council Meeting was reconvened by Mayor Wilde at 6 00 P m Councilmembers present: Teri Dalbec, Jerry DiTullio, Jean Fields, Janelle Shaver, Ken Siler, and Claudia Worth Don Eafanti was on vacation. Tony Solano was in Atlanta building the Olympic Stadium Also present: City Clerk, Wanda Sang; City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, staff; and interested citizens Item 5. Resolution 1538 - establishing parking hour restrictions at the City owned parking lot located at 7172 West 38th Avenue Resolution 1538 was introduced by Mr DiTullio, title read by the Clerk. Motion by Mr DiTullio for adoption of Resolution 1538, seconded by Mrs. Fields, carried 6-0 CITY COUNCIL MINUTES June 24, 1996 Page -7- Item 7. Bid Award for Public Works Shops auxiliary building (RFB #96-28) Mr Middaugh gave updated information on this property Louise Turner informed the Council of the zoning in question Council was given a demenstration of the street sweeper in the City Hall parking lot. Mr Siler moved for approval of the Bid Award Mrs. Worth made a Motion for an Amendment that a screen buffer of eight to nine pine trees be put between the eastern end of the building and the homes Mr Siler seconded the Amendment; carried 6-0 Mrs Worth made a Motion for an Amendment that the building be equipped with a skylights rather than windows, and the windows be deleted Motion for Amendment died for lack of second. Mr Siler moved for Motion of the Bid Award, Motion failed 3-3 (Dalbec, Siler Worth voted yes) Mr DiTullio made a Motion for Staff and City Attorney bring back an Ordinance creating a Zone District for the property; seconded by Mrs Worth carried 5-1 with Siler voting no Item 8. Award of Design Contract for bikeway/drainage improvement on 32nd Avenue Mrs Dalbec introduced Award, title read by Clerk. Mr Middaugh presented updated information on the project and discussion followed Mr DiTullio made a Motion for approval of the Award, seconded by Mrs Shaver; carried 5-1 with Dalbec voting no Mrs Worth made a Motion for an Amendment that Mr Middaugh continue negotiations with Crown Hill Property Owners (SCI), seconded by Mrs Dalbec, carried 6-0 Mrs Dalbec made a Motion for an Amendment that the City look into Grant Funding for the Building of the Bike Trail Construction, trail width to be no more than eight feet, and delay building this year; seconded by Mrs. Worth, failed 2-4 with Dalbec and Worth voting yes. Item 9. Resolution 1539 - authorizing an Intergovernmental Agreement with the Urban Drainage and Flood Control District and City of Arvada for final design of drainage improvements in the vicinity of West 50th Avenue and Kipling Street. Resolution 1539 was introduced by Mr Siler; title read by the Clerk. Motion by Mr Siler for adoption of Resolution 1539; motion dies for lack of second. CITY COUNCIL MINUTES June 24, 1996 Page -8- Item 10. Resolution 1540 - establishing Public Works review fee structure for building permit applications Mrs Worth moved to postpone Resolution 1540; seconded by Mr Siler; carried 6-0 Item 11. Resolution 1541 - authorizing an Intergovernmental Agreement with the City of Edgewater for the reconstruction of a portion of Harlan Street. Resolution 1541 was introduced by Mrs Dalbec, title read by the Clerk. Motion by Mrs. Dalbec for adoption of Resolution 1541, seconded by Mrs Worth, carried 6- o Item 12. Bid Award for 1996 Local Streets Improvement Program (RFB #96-30) Mr Siler introduced Bid Award, title read by the Clerk. Motion by Mr Siler for approval of Bid Award to Bituminous Roadways for $268,397 92, seconded by Mr DiTullio, carried 6-0 Item 13. Approval of Expenditure Items Motion by Mrs Worth that the attached purchases be approved in the amounts indicated and that all costs be charged to the account shown on the purchase order report; seconded by Mr DiTullio, carried 6-0 CITY ADMINISTRATOR'S MATTERS Motion made by Mrs. Dalbec that the City considers purchasing the Copa Cabana property in a reasonable amount of time, due to the fact that the property is in high demand for purchase, seconded by Mrs Worth, carried 5-1 with Mr Siler voting no CITY ATTORNEY'S MATTERS Motion made by Mr DiTullio that the ordinance come back to handle the 29th Avenue area first; seconded by Mrs Fields, carried 6-0 ELECTED OFFICIALS MATTERS Teri Dalbec informed Council that the RTD Board agreed to double the bus service on CITY COUNCIL MINUTES June 24, 1996 Page -9- Wadsworth Mrs Dalbec questioned Bob Goebel when the trees on 38th Avenue are going to get planted Mr Goebel replied that he would look into it further Ken Siler apologized for using the name Lisa Rosson by mistake on the June 10th meeting. Mr Siler also mentioned that he appreciated that the weeds were getting cut on the Harlan median Jean Fields asked Council consensus that they be notified of all public meetings in the city Consensus was 6 in favor Claudia Worth is in the process of typing up a report (Grant) for Council regarding the Colorado Municipal Convention Janelle Shaver mentioned that the new asphalt, 32nd and Estes, crushed the drain pipe and the homeowner questioned the water flow and asked Public Works check. Complemented Chief Hurst and Staff on the Neighborhood Watch Letter Updated the Council on plans on the Clear Creek Celebration of the Arts, and asked for sign up sheet at City Hall for Volunteers Jerry DiTullio mentioned TCI customer complaints and asked for Staff to follow up ADJOURNMENT Motion by Mr Siler for adjournment; seconded by Mrs Shaver; carried 6-0 Meeting adjourned at 9'15 pm ./'1,.,. /,. .~ Wanda Sang, City Clerk, , APPROVED BY CITY COUNCIL ON July 8, 1996 BY A VOTE OF ~ TO~ \ J I \ \ t . Claudia Worth, Council President