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Home My WebLink About09/23/1996 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building Seotember 23. 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, Tony Solano (arrived at 705 p.m ), and Claudia Worth Ken Siler was absent due to illness 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; Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES of September 9, 1996 Motion by Mr Eafanti for the approval of the Minutes of September 9, 1996 with Mr DiTullio's correction, seconded by Mrs Fields, carried 7-0 CITIZENS' RIGHT TO SPEAK There was no one present to speak, PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Public Hearing regarding West 32nd Avenue Reconstruction, Final Street Width Designation, Pierce Street to Sheridan Blvd Item 1 was introduced by Mrs Fields, title and summary read by the Clerk. Bob Goebel presented the staff report. Vance Edwards thanked Bob Goebel, task force, staff, and Council from his District, for the work on this project. CITY COUNCIL MINUTES SEPTEMBER 23, 1996 Page -2- Motion by Mrs Fields that, in accordance with Section 5.20 of the City Charter, the official street width designation of West 32nd Avenue from Pierce Street to Sheridan Blvd be established as 32 feet measured from flow line to flow line with minor widening to accommodate left turn lanes at Pierce Street, Harlan Street and Sheridan Blvd, seconded by Mr Eafanti, carried 7-0 Item 2. 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 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 Bills 41 and 42 were introduced on second reading by Mr Solano, titles read by the Clerk. Mr Dahl explained that the version of these Council Bills that was published in the paper, did not reflect some of the changes that the Planning Commission had recommended and which Council had accepted as part of their first reading. He asked that the public hearing be opened and then continued to October 14, meanwhile we make certain that the correct Ordinances be published and that the hearing has been continued, Motion by Mr Solano to continue Council Bills 41 and 42 to the Council Meeting of October 14, 1996, seconded by Mrs Dalbec; carried 7-0 Item 3. Council Bill 39 - An Ordinance amending the Code of Laws, Zoning Code, relating to Telecommunications Towers, in the City of Wheat Ridge, Colorado Council Bill 39 was introduced by Mrs Worth on second reading, Clerk assigned Ordinance No 1045 Robert Middaugh and Glen Gidley were sworn in by the Mayor; Mr Gidley answered questions Motion by Mrs Worth for approval of Council Bill 39 (Ordinance 1045) as amended to provide that Sections 2 (C) and 3 (C) be deleted and that in both Section 2 and 3 "roof or building-mounted telecommunications accessory antennae" be shown as conditional uses and all free standing towers from this date forward be considered special uses, seconded by Mr Solano Mrs Dalbec asked for a friendly amendment to take out 8 on page 3 This was accepted by motion-maker and second Mrs Worth amended her motion to exclude all existing towers, this was accepted by second Motion carried 7-0 CITY COUNCIL MINUTES SEPTEMBER 23, 1996 Page -3- Item 4. 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 second reading by Mr Solano, title read by the Clerk; Ordinance No 1046 assigned Mr Gidley presented the staff report. Bob Goebel was sworn in by the Mayor and answered questions Motion by Mr Solano for approval of Council Bill 43 as amended to include a revision to the last sentence of subsection (B) (4) (a) 4 to read, "In addition, the City Engineer may require a ground cover plant material or other means of controlling water and wind erosion and weed growth", seconded by Mr Eafanti, failed 2-5 with Councilmembers Solano and Eafanti voting yes Motion by Mrs Dalbec to suspend the Rules and hear Item 7 next because there are people present to speak; seconded by Mr Eafanti, failed 5-2 with Mr Solano and Mr DiTullio voting no (This needed a 6 vote majority to pass) Item 5. Council Bill 38 - An Ordinance amending the Code of Laws, Zoning Code, relating to the definition of Story Council Bill 38 was introduced by Mr Solano, title read by the Clerk; Ordinance No 1046 assigned Mr Gidley presented the staff report. Motion by Mr Solano for approval of Council Bill 38 (Ordinance 1046) with the Addition that building height shall be measured from the tallest point of the building to average grade, seconded by Mr DiTullio, carried 6-1 with Mrs Dalbec voting no Item 6. Council Bill 44 - An Ordinance adopting a temporary moratorium on the acceptance, processing and issuance of building permits for the construction of mortuaries and crematories within a specified area of the City, and declaring an emergency Council Bill 44 was introduced by Mrs Dalbec, who also read the title Motion by Mrs Dalbec for approval of Council Bill 44 (Ordinance 1047), seconded by Mr DiTullio, carried 7-0 CITY COUNCIL MINUTES SEPTEMBER 23, 1996 Page -4- ORDINANCES ON FIRST READING Item 7. Council Bill 45 - An Ordinance amending Chapter 26 of the Code of Laws pertaining to group homes for handicapped, developmentally disabled, elderly persons, and children Council Bill 45 was introduced on first reading by Mrs Dalbec; title read by the Clerk. The following speakers were sworn in by the Mayor' Maribeth Lewis, 10900 West 39th Place, applauded Council to bring our Ordinance up to federal guidelines She feels we, as a City, need to allow this type of use, we need all types of houses and all types of people Susan Hartley, 4015 Eaton Street, also spoke in support of this Ordinance Nancy Snow, 11155 West 40th Avenue, thanked Council for addressing this issue, would like to see some amendments made to the ordinance Motion by Mr DiTullio to postpone this until a neighborhood meeting can be held, seconded by Mrs. Fields, failed 3-4 with Councilmembers Worth, Fields, and DiTullio voting yes Motion by Mrs Dalbec that Council Bill 45 be approved on first reading, ordered published, public hearing be set for Monday, October 14, 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, with the following amendments, 1 under family definition be included any five people over 62 years of age, 2. domestic servants be related to all three or four categories that were under the definition of family; 3 State definitions be incorporated into (1) and (a), 4 remove (2) and (3) and (b) and (c), seconded by Mr Solano Motion by Mrs Worth to amend the motion to ask Mr Dahl to write language to include in his memorandum of September 17, 1996, Item 1 3. 4 5 and 7 and bring to the second hearing and if these are not appropriate, we just delete them, seconded by Mr DiTullio, carried 4-3 with Councilmembers Dalbec, Solano, and Shaver voting no Original Motion as amended carried 7-0 CITY COUNCIL MINUTES SEPTEMBER 23, 1996 Page -5- Item 8. Council Bill 46 - An Ordinance requiring Special Use Permits for mortuaries and crematories. Council Bill 46 was introduced on first reading by Mrs Dalbec; title read by the Clerk. Motion by Mrs Dalbec that Council Bill 46 be approved on first reading, ordered published, public hearing be set for Monday, October 14, 1996 at 7 00 p.m in City Council Chambers, Municipal Building, and if approved on second reading, take effect immediately after final publication, seconded by Mrs Worth After discussion, Council agreed to split this into two separate Ordinances. Council Bill 46 to address mortuaries, Council Bill 47 to address crematories, both provide an exemption for existing facilities Mrs Dalbec so moved, seconded by Mrs Worth, carried 7-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 9. A. 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 Mrs Dalbec, carried 7-0 Item 9. Authorize zoning actions on public owned parcels of property Motion by Mr DiTullio that staff be authorized to prepare zoning or rezoning actions making use of existing zoning categories for all parcels of property that are or have been subject to the old PF-1 or PBF zoning designation, seconded by Mr Solano, carried 7-0 Motion by Mr DiTullio that staff prepare a first reading Ordinance to amend Chapter 26,6 of the Code of Laws regarding Special Use Permits, seconded by Mrs Fields, carried 4-3 with Councilmembers Eafanti, Dalbec, and Worth voting no Item 10. Funding for 1996/1997 Community Art Project. Joyce Manwaring and Hal Kuczwara explained the project and answered questions Motion by Mr DiTullio that the Community Art Project for the 1996/97 school year be approved. I further move that $10,000 be transferred from General Fund Balance to Acct. No 34 and the budget be amended appropriately; I further move that the Art be displayed at City Hall and other City properties in Wheat Ridge, seconded by Mr Solano Mrs Worth asked for a friendly amendment that grants be applied for This was accepted, Motion carried 7-0 CITY COUNCIL MINUTES SEPTEMBER 23, 1996 Page -6- Item 11. Discussion of Copa Cabana building use Motion by Mrs Worth that staff contact different groups in the City, the Jaycees, the Kiwanis and ask for their help in cleaning up the Copa Cabana, removing the carpet and sinks we don't need, make an inventory, etc so that it can be used as a youth center; seconded by Mrs Dalbec Motion by Mr Solano to make a substitute motion to send this to a Study Session on October 21, 1996, seconded by Mr DiTullio, carried 7-0 Item 12. A. RFB #96-34 - Evaporative Cooling Units B RFB #96-33 - Metal Roof Replacement Project. A. Motion by Mr DiTullio that the evaporative cooling units for the Anderson Community Building be awarded to Hi Teck Heating & Cooling in the amount of their bid of $10,250 00; that a contingency fund in the amount of $500 00 be established, that the Director of Parks & Recreation be authorized to issue change orders up to the total contract and contingency amount and that the total cost of this project of $10,75000 be charged to the Conservation Trust Fund Acct. No 54-601-877, 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 No 787, 1989 Series, seconded by Mr Solano, carried 6-1 with Mrs, Dalbec voting no B Motion by Mr Solano to rebid for a concealed fastener type of roof; seconded by Mrs Dalbec, carried 7-0 Item 13. Resolution 1557 - approving IGA among County of Jefferson, Cities of Lakewood, Golden, Westminster, Arvada, Broomfield, and the City of Wheat Ridge, to obtain services for the Countywide Transportation Plan--Phase II Resolution 1557 was introduced by Mrs. Worth, title read by the Clerk. Motion by Mrs Dalbec not to fund this, seconded by Mr DiTullio Motion by Mrs Worth to postpone this item until the second meeting in October and have Mr Middaugh address our concerns to the County and bring back more information why Wheat Ridge should be a part of this, seconded by Mrs Fields, failed 3-4 with Councilmembers Eafanti, Worth and Fields voting yes Original Motion carried 4-3 with Councilmembers Worth, Solano, and Fields voting no CITY COUNCIL MINUTES SEPTEMBER 23, 1996 Page -7- Item 14. &;@ii:!J@~[i:iJlf ~~@j~ii:!J[Q)5;" A. Resolution 1558 - authorizing an amendment to Resolution 1477, a Resolution authorizing an IGA with the Urban Drainage and Flood Control District for permanent improvements to Lena Gulch B RFB #96-31 - Uninterruptible Power Supply C RFB #96-39 - Forestry Services D RFB #96-38 - Microfilming Services Motion by Mr Solano to approve the Consent Agenda, Items A. B C and D , seconded by Mr DiTullio Mrs Shaver asked to pull Item C Motion on A. Band D carried 7-0 Motion by Mrs Shaver for approval of Item C , seconded by Mr Solano, carried 7-0 Item 15. West Entrance Remodel Mr Middaugh gave update on this item Motion by Mrs Worth to suspend the Rules and go past 11 00 P m and finish the Agenda, seconded by Mrs Dalbec; failed 5-2 with Mr DiTullio and Mr Solano voting no (This needed a 6 vote majority to pass) Motion by Mr DiTullio that we allocate $4,500 for the solar panel removal and to replace the wooden planks out front for now and staff come back with a different design, seconded by Mr Solano, carried 7-0 Motion by Mr DiTullio to reconsider going past 11 00 pm, carried 6-1 with Mr Solano voting no Vote on going past 11'00 p m failed 5-2 with Mrs Dalbec and Mr Solano voting no CITY COUNCIL MINUTES SEPTEMBER 23, 1996 Page -8- Meetirg adjourne~ at 11'05 p m if , . _ ...-r Wanda Sang, City Clerk APPROVED BY CITY C1pUNCIL ON OCTOBER 14, 1996 BY A VOTE OF L TO ~ ; '" \ \ / \.. \. <L<.... "- , ~" ,_,. \{ A. " "~ Clau ia Worth, Council President