HomeMy WebLinkAbout09/09/1996
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Avenue, Municipal Building
September 9.19%
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,
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
Planning, Glen Gidley; Chief of Police, Jack Hurst; staff; and interested citizens.
APPROVAL OF MINUTES of August 26, 1996
Motion by Mr Eafanti for the approval of the Minutes of August 26, 1996, seconded by Mrs,
Dalbec; carried 8-0
Mayor Wilde presented a proclamation to Wheat Ridge High School for their 100th
anniversary
CITIZENS' RIGHT TO SPEAK
Leo Rainwater questioned the durability of slurry seal on City streets
Harvey Padgett complained about people feeding foxes in the greenbelt.
Barbara and Walt Bendever complained about the proposed group home at 39th & Routt.
Motion by Mrs. Dalbec to make the emergency ordinance regarding group homes Item 4 A.,
seconded by Mr Eafanti, carried 5-3 with Councilmembers Fields, Worth, and Solano voting
no
CITY COUNCIL MINUTES
SEPTEMBER 9, 1996
Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
Application for two-lot minor subdivision at 6000 West 32nd Avenue/3175
Harlan Street. (Case No MS-96-7) (Lawrence Gill)
Item 1 was introduced by Mrs Fields, title read by the Clerk.
Lawrence Gill, applicant, was present and answered questions
Glen Gidley was sworn in by the Mayor and presented the staff report.
Motion by Mrs Fields that Case No MS-96-7, a request for a two-lot minor subdivision at
6000 West 32nd Avenue/3175 Harlan Street, be approved for the following reasons 1 A
subdivision is required to create two parcels 2 All requirements of the Subdivision
Regulations have been met. With the following condition 1 Tract A be shown as being
"hereby dedicated for right-of-way purposes", seconded by Mr DiTullio
Motion by Mr DiTullio to amend the motion that the dedication only include a 15 ft corner
radius and the 5 ft dedication on Harlan Street be eliminated, seconded by Mrs, Shaver
Mr DiTullio called for the question, carried 5-3 with Councilmembers Eafanti, Dalbec, and
Siler voting no
Motion on amendment carried 6-2 with Mr Siler and Mr Solano voting no
Original Motion as amended carried 7-1 with Mr Siler voting no
Item 2.
Council Bill 40 - An ordinance providing for the approval of rezoning from
Residential-Three (R-3) to Residential-Two (R-2) and Residential-One C (R-1C)
properties generally located between West 32nd Avenue on the South, West
38th Avenue on the North, Sheridan Blvd on the East, and Pierce Street on the
West., City of Wheat Ridge, State of Colorado
Council Bill 40 was introduced on second reading by Mr DiTullio, title read by the Clerk;
Ordinance No 1043 assigned
Glen Gidley presented the staff report.
CITY COUNCIL MINUTES
SEPTEMBER 9, 1996
Page -3-
The following speakers were sworn in by Mayor Wilde
James Meeker, 3690 Eaton Street, spoke in favor of down-zoning
Dana Prehn, 3701 Depew Street, owns the L-shaped property pointed out on the map and
respectfully requested that his property be exempted from the rezoning
Cheryl Brungardt, 5621 West 36th Place, complained about all the cars parked outside the
previous speakers property; is in favor of down-zoning, asked that his property not be
exempted from rezoning
H. M. Hubbard, 3245 Newland Street, spoke in support of the Ordinance
Helena Prehn, 3701 Depew Street, wants her property stay zoned R-3
Patty Gatsiospolis, 3685 Ames Street, asked how her property would be affected. Answer
was that this would remain R-3 and is exempted from the Ordinance
Susan Seeds, is in favor of down-zoning
Janet Prehn also wants to retain the R-3 zoning for the Prehn property
Motion by Mr DiTullio for adoption of Council Bill 40 (Ordinance 1043), which includes
Exhibit A, on second reading I further move to exclude those existing two-family dwellings
which would become nonconforming if rezoned to R-2, as detailed by the staff report, Those
addresses are 3650 and 3690 Pierce Street; 6790, 6778, and 6754 West 37th Avenue,
3740, 3745 and 3765 Marshall Street; 3295 Gray Street; 3222 Gray Street; 5785 West 32nd
Avenue, 5705 West 35th Avenue, 3338, 3470, 3460 & 3697 Depew Street; 5600 West 36th
Place, 3292 Ames Street, 3735 and 3755 Benton Street; 3701 Sheridan Blvd, 6630 and
6600 West 38th Avenue, 3695 Harlan Street. I further move to rezone all the Davis property,
approximately 3709 Jay Street, to R-1 C; I further move that this Ordinance take effect
immediately upon passage, seconded by Mrs Shaver; carried 8-0
CITY COUNCIL MINUTES
SEPTEMBER 9, 1996
Page -4-
Item 3.
Public Hearing and Input on the 1997 City of Wheat Ridge Budget.
Georgia Raitz-Chinisci and Jan Fehr, representing Prospect Elementary School PTA
Playground Committee, thanked Council for their help in getting new playground equipment
and Mr Wardle's help They asked Council support for landscaping the playfields
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 4.
Resolution 1556 - initiating rezoning procedures for a large area located along
West 29th Avenue between Fenton Street and Sheridan Blvd
Resolution 1556 was introduced by Mr DiTullio, title read by the Clerk.
Motion by Mr DiTullio for adoption of Resolution 1556 and further move that the Resolution
be sent out with the registered mail so that people know what is going on, seconded by Mrs
Fields, carried 8-0
Item 4. A. Ordinance 1044 - amending Chapter 26 of the Code of Laws pertaining to
Group Homes for handicapped, developmentally disabled, elderly persons, and
children, and declaring an emergency
Mrs Dalbec introduced the emergency ordinance and read the title and explained that the
reason for this Ordinance is that the City of Wheat Ridge fully comply with the laws of the
State of Colorado and the United States and that is the reason for the emergency
City Clerk, Wanda Sang, assigned Ordinance No 1044
Motion by Mrs Dalbec that this Ordinance be accepted as an emergency ordinance;
seconded by Mr Eafanti
The following speakers were sworn in by Mayor Wilde
Roy Combs, 3815 Robb Street, feels this matter should have been handled in a more
straight forward manner and citizens should have had notice
Phil Martin, 11551 West 39th Place, is concerned about the additional traffic that this group
home will bring, it will hurt property values and standard of living
CITY COUNCIL MINUTES
SEPTEMBER 9, 1996
Page -5-
Ed Behlke, 11654 West 40th Circle, President of Applewood Homeowners Association, does
not feel proper notice has been given to interested parties that touch the property;
homeowners will be damaged by having a business in their neighborhood; parking is lousy
on this cul-de-sac, asked that Council do the right thing and deny this request.
John M'Gonigle, 3992 Rolfe Court, asked that Council not rush into this, but study it
carefully
Nancy Snow, 11155 West 40th Avenue, stated that the Colorado Supreme Court has ruled
that this is a residential use, not a commercial use, people with disabilities want a home like
everybody else and don't want to be in an institution, urged Council to pass this Ordinance
tonight.
Barbara Bendever asked Council to remember that there are lots of children in the
neighborhood and fears for them
Tom Reck, 11591 West 39th Place, has a developmentally ill son who was in a group home,
property values did not come down, neighbors came around and helped; it is not a problem
to have a group home in a neighborhood, all these people are in wheelchairs and go rarely
outside the house, there won't be a lot of traffic
Gloria Mora can't understand how all these people will fit into that house, this is definitely
done for profit; there wasn't enough notice
Gary Finn, 11569 West 39th Avenue, is disappointed in how this whole thing has been
handled
Sandy Grady, 3801 Routt Street, is worried about the kids in the neighborhood, will it be
safe?
Motion by Mrs Dalbec for approval of Ordinance 1044, seconded by Mr Eafanti, failed 4-4
with Councilmembers Fields, Worth, Solano, and DiTullio voting no Mayor Wilde broke the
tie by voting yes Motion carried 5-4.
Motion by Mr Solano that the whole Ordinance be presented to Council on first reading on
September 23, seconded by Mrs Shaver; carried 8-0
CITY COUNCIL MINUTES
SEPTEMBER 9, 1996
Page -6-
Item 5.
Police addition and building remodel budget revision and supplemental
appropriation
Motion by Mrs Worth that the revised budget for the Police Addition and Building Expansion
Project be approved in the amount of $2,679,430 00 with all costs to be charged to the
Building Fund, Fund 60 I further move that any negotiation that resolves the amount of
money in contention be reported back to us as soon as possible so we can say on the dais
how much you saved I further move that an appropriation not to exceed $181,98300 be
approved for expenditure to Starker & Company in order to complete the contract with all
costs to be charged to Acct. No 60-201-801 I further move that the funds be encumbered
for the length of the project which expressly allows the expenditure of funds in 1997 for this
project in accordance with Ordinance #787, 1989 Series, seconded by Mr Siler; carried 7-1
with Mr DiTullio voting no
Item 6.
Transfer of funds to cover conference and meeting expense in Council account
01-102-702
Motion by Mrs Worth that $6,500 be transferred from the General Fund fund balance to
Acct. No 01-102-702, to cover expenses for the remainder of 1996, seconded by Mr
Eafanti, carried 5-3 with Councilmembers Dalbec, Fields, and DiTullio voting no Mr DiTullio
feels that one out of State trip is plenty for everybody
Item 7.
West Entrance Project (RFQ #005-96)
Motion by Mr Siler that the budget for the West Entrance Project be approved in the amount
of $62,606 00 with all costs to be charged to Acct. No 30-610-811, and that the color of the
concrete to be used in the West Entrance shall be sand colored I further move to transfer
$62,60600 from the Capital Improvement Fund Balance to Acct. No 30-610-811 I further
move the replacement of the front doors be awarded to the RMA Group in the amount of
their bid of $12,35633 and that all cost be charged to Acct. No 30-610-811 That a
contingency account in the amount of $5,000 be established That the City Administrator be
authorized to issue change orders up to the total contact and contingency amount and that
the total cost of this project of $62,606 00 be charged to the Capital Improvement Fund Acct.
No 30-610-811 that the funds be encumbered for the length of the project, which expressly
allows the expenditure of funds in 1997 for this project in accordance with Ordinance #787,
1989 Series, seconded by Mrs Worth
CITY COUNCIL MINUTES
SEPTEMBER 9, 1996
Page -7-
Mrs Dalbec will vote no, we have spend a lot of money on City Hall this year and this is a lot
of money to be spending Mr DiTullio disagrees with spending $6,000 on planters outside
and doesn't understand why we are putting ironwork on the patio He moved that this be
postponed until budget time, seconded by Mrs Shaver; carried 5-3 with Councilmembers
Siler, Worth, and Solano voting no
Motion by Mrs Dalbec to go past 11'00 p m and finish the agenda, seconded by Mrs
Worth, carried 6-2 with Mr Siler and Mr Solano voting no
Item 8.
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 Solano, carried 7-1 with Mrs Dalbec voting no
Item 9.
CONSENT AGENDA.
A. Sound proofing the Police Department's Training Room (RFQ #008-
96)
B Award construction of the basement wall project (RFQ #007-96)
C Approve purchase of chemical fertilizer to American Pride Coop
Motion by Mrs Worth for the approval of the Consent Agenda as printed, seconded by Mr
DiTullio, carried 8-0
CITY ADMINISTRATOR'S MATTERS
Mr Middaugh showed pictures of the proposed conference room table
CITY ATTORNEY'S MATTERS
Mr Dahl gave litigation update
ELECTED OFFICIALS MATTERS
Mr DiTullio asked that the Transcript be supplied to people South of 29th Avenue, stated
that he and Jean had put out a newsletter for District I, that would be distributed soon, does
not like the Federal Government to tell local government what to do
CITY COUNCIL MINUTES
SEPTEMBER 9, 1996
Page -8-
Mrs. Shaver talked about the proposed group home
Mr Solano questioned the efficiency and cleanliness of the air conditioning and heating
system and requested that it be improved. He asked for consensus that we go ahead with
the concrete slab on the West entrance as previously approved Consensus was 6 in favor
Mayor Wilde asked that the Boards and Commissions Dinner be held around November 11
and perhaps combined with a Veterans Day celebration.
Mrs Shaver asked for consensus that Mrs. Fields be the chairperson of a committee of her
choosing to plan the Boards and Commissions Dinner Consensus was 7 in favor
Consensus was 8 in favor that Mrs Worth be the City's representative to CML.
Mrs Fields also addressed the group home issue
Mrs Dalbec would like to pass an Ordinance to restrict juvenile smoking, wants cemeteries,
mortuaries and crematoriums under special use permit requirements, wants a moratorium
ordinance at the next council meeting to stop additional crematoriums, wants City to look into
Lakewood's position on Crown Hill Park.
Mr Eafanti wants a big non-smoking sign and have them available here at City Hall for
people and say at the bottom "This is a non-smoking establishment", also addressed Group
Homes.
Motion by Mr Solano to adjourn, seconded by Mr DiTullio, carried 7-1 with Mr Solano
voting no
Meeting adjourned at 12 15 a.m.
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Wanda Sang, City Clef"\
APPROVED BY CITY COUNCIL ON SEPTEMBER 23,1996 BY A VOTE OF 7 to O.
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ia Worth, Council Preside'rrt