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HomeMy WebLinkAbout08/26/1996 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Mnnicipal Bnilding August 26. 1996 The Regular City Council Meeting was called to order by Mayor Wilde at 7 00 pm Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean Fields, Janelle Shaver, 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; staff; and interested citizens APPROVAL OF MINUTES of August 12, 1996 Motion by Mr Eafanti for the approval of the Minutes of August 12, 1996, with the addition of Mr DiTullio's Motion under Item 11, seconded by Mr DiTullio, carried 8-0 CITIZENS' RIGHT TO SPEAK Frank Bugino and Sharon Olson complained about trash, trash bins and a large shed at the property at 38th & Benton (5400 W 38th Ave) a Commercial Property In addition, thanked Mr DiTullio for assisting in cleaning up the graffiti in the area but questioned whether a man of Mr DiTullio's stature should be doing this work rather than other City workers, The graffiti was cleaned four months after original complaint. Council and Staff answered questions and concerns Linda Mauro complained about the quality of the Public Hearing Signs and the need for consistent placement of the signs Louise Turner read a letter from Wheat Ridge United Neighborhoods into the record regarding industrial equipment at 38th and Pierson Mr Middaugh will bring the issue before Public Works Committee Meeting to see if a policy can be worked out. Mayor Wilde presented Mr Middaugh with the Festival Plate from the Wheat Ridge Carnation Festival Motion by Mrs Fields to move Item 8 up to Item 1, seconded by Mr Solano, carried 8-0 CITY COUNCIL MINUTES AUGUST 26, 1996 PAGE -2- Motion by Mrs Dalbec to add an item under Decisions, Resolutions and Motions (3C) for an appointment to the Comprehensive Plan Steering Committee, seconded by Mr Solano, carried 8-0 Motion by Mrs Worth to add an item under Decision, Resolutions and Motions (3D) for a motion to provide for the elimination of Light Industrial Zoning with an Ordinance coming from the staff; seconded by Mrs Dalbec; carried 8-0 ORDINANCES ON FIRST READING Item 1. A. Council Bill 41 - An Ordinance amending the Code of Laws to define and classify potbellied pigs as exotic animals and to impose requirements on the granting of exceptions by the Animal Control Commission B Council Bill 42 - An Ordinance amending Chapter 26 of the Code of Laws pertaining to the keeping of potbellied pigs in the A-2 Zone District. Council Bill 41 was introduced on first reading by Mr Solano, title read by the Clerk. Council Bill 42 was introduced on first reading by Mr Solano, title read by the Clerk Agnes Remrich, citizen, was present and asked the following Has the Potbellied Club had been consulted regarding this Ordinance? Mr Dahl stated that the Ordinance(s) have been reviewed by the Animal Control Commission and the Planning Commission What about breeders of Potbellied Pigs? Mayor Wilde stated that breeding would not be allowed because it's only one or two pigs per resident. Who is considered employees of the city that have the right to enforce the Animal Control Laws? Mr Dahl gave examples of other city employees who might be involved with Animal Control, i e Police Officers, or other cases where the Animal Control Officer might not be the first one at the scene Motion by Mr Solano that Council Bill 41 be approved on first reading, ordered published, public hearing be set for Monday, September 23, 1996 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 Siler CITY COUNCIL MINUTES AUGUST 26, 1996 PAGE -3- Motion by Mrs. Shaver that page 2, Item V be changed from "cleaned weekly" to "kept clean" Mr Solano accepted the change Original Motion with said change carried 8-0 Motion by Mr Solano that Council Bill 42 be approved on first reading, ordered published, public hearing be set for Monday, September 23, 1996 at 7'00 p m in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Siler; carried 8-0 Item 2, Council Bill 43 - An Ordinance amending Section 26.33 of the Code of Laws of the City of Wheat Ridge, related to excavation and deposit control Council Bill 43 was introduced on first reading by Mr Siler; title read by the Clerk, Motion by Mr Siler that Council Bill 43 be approved on first reading, ordered published, public hearing be set for Monday, September 23, 1996 at 7'00 pm in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Solano, carried 7-1 with Mrs, Dalbec voting no DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. A. Resolution 1552 - authorizing the Jefferson County Open Space Officials to secure an appraisal, survey, title commitment, environmental assessment, determine fair market value and negotiate for the acquisition of the property located at 36th & Jay Street, consisting of 5.30 acres, more or less, in Wheat Ridge, Colorado, known as the Davis property Resolution 1552 was introduced by Mr DiTullio, title read by the Clerk. Geraldine Faes spoke in favor of this property being used as Open Space Susan Seeds asked Council to pass this Resolution to have a passive park in the neighborhood Norman Burkpile was also present and spoke in favor of this Resolution Rose Marie Cerrone spoke regarding the petition submitted and vouched for every signature thereon Mr DiTullio thanked Rose Marie Cerrone and Susan Seeds for passing the petitions in favor of the Davis Property Purchase Mrs Fields asked what options the City has besides the Davis Property for another park in CITY COUNCIL MINUTES AUGUST 26, 1996 PAGE -4- District I, and questioned how District I park land compared to other Districts. Mr Wardle stated that they have studied the expansion to the west of Stites Park but other than that there is no other place to put a 5 acre park besides the Davis Property Mr Solano raised the question of park plans for District II Mr Wardle said there is Apel- Bacher and Randall Park and they are working with the school district to build additional park land at Martensen Elementary School and Wheat Ridge Middle School Mrs Worth requested the definition of a natural and a passive park, Mr Wardle stated that a passive park does not have baseball fields or athletic fields but could be developed with turf or other amenities, but basically a passive park lacks athletic fields Natural parks are left to native plant material without any development. Motion by Mrs Shaver to amend the Resolution authorizing the City Attorney to add a whereas that the city believes that the property should be used for passive recreational and park purposes within the constraints imposed by an appropriate public process, seconded by Mrs Dalbec, carried 7-1 with Mr Eafanti voting no Original Motion by Mr DiTullio for the adoption of Resolution 1552 with the Amendment; seconded by Mrs Fields, carried 8-0 B Resolution 1553 - authorizing the Jefferson County Open Space Officials to secure an appraisal, survey, title commitment, environmental assessment, determine fair market value and negotiate for the acquisition of the property located at 6351 West 44th Avenue, consisting of 2 12 acres, more or less, and 6375 West 44th Avenue, consisting of 1 acre more or less, and 6301 West 44th Avenue, consisting of the rear 1/2 acre more or less, in Wheat Ridge, Colorado Resolution 1553 was introduced by Mr Solano, title read by the Clerk. Motion by Mr Solano for the adoption of Resolution 1553 with addition that the Resolution adopts the same language that the park be of passive use, seconded by Mr Siler; carried 8- o C Appointment To The Comprehensive Plan Steering Committee. Motion by Mrs Dalbec to appoint Walter La Mendola to the Comprehensive Plan Steering Committee, District IV, seconded by Mr Siler; carried 8-0 CITY COUNCIL MINUTES AUGUST 26, 1996 PAGE -5- D Light Industrial Classification Motion by Mrs Worth that staff prepare an Ordinance that would provide for the elimination of the Light Industrial Zone District regulations of the Code of Laws, Section 26-23 Mrs Worth further moved that an additional Ordinance be prepared which would rezone all parcels in the city currently zoned Light Industrial to Planned Industrial Development with the specific intent that any future change of use development or redevelopment of those rezoned parcels would require an outline and final Development Plan and a Public Hearing before the Planning Commission and City Council and be approved consistent with the plan that goes through a developed district revision as Section 26-25 Additionally, staff to prepare an impact analysis report to accompany these proposed Ordinances, seconded by Mr DiTullio Mr Solano asked if existing property owners have the right to a legal protest against Ordinance Mr Middaugh stated that they do Motion by Mrs Dalbec for an Amendment to change the wording in the proposed Ordinances from Industrial to Planned industrial Development; seconded by Mr DiTullio, carried 6-2 with Mr Siler and Mr Solano voting no Oriqinal Motion with Amendment; carried 6-2 with Mr Siler and Mr Solano voting no Item 4 Resolution 1554 - Resolution to the Parks and Recreation Commission asking for a site recommendation for a recreational center for Wheat Ridge Resolution 1554 was introduced by Mr DiTullio, title read by the Clerk. Motion by Mr DiTullio for the adoption of Resolution 1554, seconded by Mr Solano, carried 8-0 CITY COUNCIL MINUTES AUGUST 26, 1996 PAGE -7- Item 7 lGrQ)If!]@~m m@.l~lI;IJ@~o A. Supplemental appropriation for CDBG Grant for Martensen Elementary School playground equipment. B. Construction work at 3510 Lee Street. C RFB #96-36 - Police Department Basement Records Storage System. Motion by Mr Siler for the approval of the Consent Agenda as printed; seconded by Mrs Fields Mrs Worth asked to pull Item C, and Mr Solano asked to pull Item A. A. Mr Solano moved that the City receive the $30,000 CDBG Grant as a General Fund supplemental revenue and authorize a supplemental budget appropriation and expenditure from General Fund Balance to account 01-603-700-799 in order to pay Jefferson County Schools for the Martensen Elementary School playground equipment; seconded by Mr DiTullio Mr Solano questioned if the City had entered into some type of an agreement with the School District. Mr Wardle stated that there was an existing agreement stating that neighborslresidents have the right to use the park during non school hours Motion carried 8- o B Mr Solano moved for approval of Item B, seconded by Mr Siler; carried 8-0 C Mrs Worth questioned the map regarding storage for the City Clerk's Office Mr Middaugh stated that no record request was left unfilled, so it was inadvertently omitted on the map, but storage that the Clerk's Office requested was incorporated into the plan. In addition, Mrs Worth questioned the type of shelving planned, i e strength etc Mr Middaugh stated that the plan calls for standard metal shelving Mrs Worth moved for approval of Item C, seconded by Mr DiTullio, carried 8-0 Item 8 Discussion of Memorial. Mrs Fields spoke on the reason for the discussion Alfred Luberski, World War II Veteran, gave an oration on Veterans in the Community and support of the Veterans Memorial Other citizens present who spoke in support of the Memorial were, Pauline Wright, James Morrison, Boe Simpson, Curley Bayne, and Don CITY COUNCIL MINUTES AUGUST 26, 1996 PAGE -8- Lancaster In addition, Wanda Sang, City Clerk, read a letter into record from Mrs A. Roland Thompson, Jr dated August 26, 1996, in support of the Memorial Motion by Mrs Fields that permission be granted to allow the construction of a gazebo not to exceed 20 feet in size to serve as the Veterans Memorial in the South half of Hayward Park; seconded by Mr Solano, carried 8-0 Motion by Mrs Fields for up to $50,000 00 be appropriated from the General Fund Balance and transferred to fund 34 for the purpose of constructing a Veterans Memorial in Hayward Park, Said funds to be used to construct and install the gazebo, to construct the necessary foundation, concrete floor, handicap access ramp and an attached planter and that the budget be amended accordingly; seconded by Mr Eafanti, carried 7-1 with Mr Siler voting no CITY ADMINISTRATOR'S MATTERS Mr Middaugh questioned if there would be a meeting on September 2, 1996, Labor Day Holiday Motion by Mrs Dalbec that September 2, 1996 would be a holiday; seconded by Mr DiTullio, carried 7-1 with Solano voting no Mr Middaugh asked Gary Wardle to give an update on the Greenbelt. Mr Wardle stated that they will begin this week to survey and testing soil along trail corridor and bridge sites. In addition, the concrete along south bank of the west lake will be moved to the north bank of the lake to stabilize ELECTED OFFICIALS MATTERS Janelle Shaver mentioned that if city residents want the Transcript all they need to do is call the Transcript and the newspaper will be delivered. In addition, she is concerned about the time taken for Public Comment and believes the time limit needs to be controlled, if not, perhaps meetings should start at 6'30 p m Also believes Ordinances need to be submitted to Councilmembers with a brief description of Ordinance circumstances Tony Solano requested status of Harlan Street - Median from 44th to 48th Mr Middaugh stated that this is not owned by Wheat Ridge but incorporated into the town of Lakeside, and the County accepted the deed in 1956 County is in the process of talking with the town of Lakeside about joint maintenance Mr Solano asked for volunteers for the 1996 Christmas committee Teri Dalbec, Ken Siler and Jean Fields volunteered. CITY COUNCIL MINUTES AUGUST 26, 1996 PAGE -9- Motion by Mr Solano to volunteer his services to be the official time keeper at Council Meetings, seconded by Mr Siler; carried 6-2 with Mr Eafanti and Mrs Dalbec voting no Motion by Mr Solano for support of Council regarding his San Antonio trip, seconded by Mr Siler; carried 5-2 with Mrs Dalbec and Mr DiTullio voting no In addition, Mr Solano asked that expenses for this trip be put on the next agenda. Claudia Worth congratulated all of the women in the room, 76 years ago women received the right to vote Mrs Worth was contacted by residents of District III about placing trash cans around 32nd and Independence and she will turn this request over to Mrs Shaver and Mr Eafanti In addition, she asked that staff look into getting plexiglass signs (similar to Real Estate signs) for Public Notice postings Jean Fields mentioned that Stites Park needs some maintenance done i e basketball rims, picnic tables and slide and sandbox. Mrs. Fields also congratulated the Carnation Festival Committee and thanked Council for staffing the Veterans Booth In addition, Mrs, Fields has received the first donation ($5000) for the Veterans Memorial Ken Siler reminded Mr Middaugh of the Traffic Control Meeting regarding procedures to control speeding Mr Siler would like to get neighborhood meetings underway Teri Dalbec is working on a position paper for the Recreation Center In addition, the 1992 plan did not include a public survey before it was designed Mrs Dalbec notified Council of the Thursday night meeting at Mountain Vista Nursing Home concerning 50th and Tabor trucking contractor company Motion by Mrs Dalbec for staff to prepare a survey and bring it to Council to be approved for inclusion in the CAP Program for October and use this information to hold Public Meetings after that; seconded by Mr Solano, carried 8-0 Don Eafanti volunteered for the Christmas Committee Mr Eafanti mentioned that he is asked quite frequently about air conditioning at the Anderson Building Mr Middaugh said that two items will be brought to Council next week; air conditioning and roof Mr Eafanti stated that the area in back of the Municipal Building, by the Police Department needs attention Mr Middaugh replied that the construction is at the final punch list stage and the landscaping will follow In addition, Mr Eafanti said that he enjoyed the Park tour and thanked staff for the educational tour CITY COUNCIL MINUTES AUGUST 26, 1996 PAGE -10- Motion by Mrs Dalbec for adjournment; seconded by Mrs Fields, carried 8-0 Meeting adjourned at 12.35 a.m APPROVED BY CITY COUNCIL ON SEPTEMBER 9, 1996 BY A VOTE OF 8 TO 0 , Cx.. , ~ . A GL " '.~ (10 ( \ \\ traCldia Worth, Council President