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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. ~- I j . )) (cc"l/c-i\tl-t\--- Wanda Sang, City Clef"\ APPROVED BY CITY COUNCIL ON SEPTEMBER 23,1996 BY A VOTE OF 7 to O. !i -- I , , , ia Worth, Council Preside'rrt