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Home My WebLink About10/14/1996 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building October 14. 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, 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; Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES of September 23, 1996 Motion by Mr Eafanti for the approval of the Minutes of September 23, 1996 with the correction on Page 7, Item 15 $2,500 should be $4,500, seconded by Mrs Dalbec; carried 7-0 Mr Siler abstained because he was not present at that meeting. PROCLAMATIONS AND CEREMONIES Mayor Wilde read proclamations for Wheat Ridge Hospice Month - November 1996 and Domestic Violence Awareness Month - October 1996 CITIZENS' RIGHT TO SPEAK Rocco Gioso, 4380 Everett Street, thanked the Council for the War Memorial, complained about the intersection at 41 st and Dover; turnaround is terrible, wants Council to look into it. Claudia Callas, 8701 West 38th Avenue, spokesperson for the Wheat Ridge Historical Society, asked that the City explore every possible avenue to acquire the property on the northeast corner of 44th & Robb Street, known as the Baugh property built in 1859 CITY COUNCIL MINUTES October 14, 1996 Page -2- She told of the house's long history and why we should preserve this property Maribeth Lewis, 10900 West 39th Place, asked that the bickering between the Council and the Mayor stopped, let the voters decide what type of government they want; asked the Mayor to reconsider his position regarding his lawsuit. Tim Peterson, 3209 Allison Street, passed out the financial report for regional baseball tournament and thanked everybody for all the support they received Gordon Hinshaw, 4045 Upham Street, asked that Items 14 and 15 be moved ahead on the Agenda. He has reservations about the cell tower being put on the parking lot next to Safeway, no neighbors were notified. Kristi Knuti, 3893 Field Drive, and Scott Deigert, 5146 Hoyt Street, of Peace Jam, asked for City's help in creating a teen center in Wheat Ridge Peace Jam is a national organization committed to teaching peacemaking to students They would like to see a coffee shop environment, which is alcohol free and drug free, have computers available E'Rena Hockenberry, 6527 West 34th Avenue, invited Council and public to dedicate the new piano at the Community Center on Thursday, November 7 Tom Slattery, 6869 West 32nd Avenue, read a letter from Wheat Ridge United Neighborhoods, supporting the Council/Manager form of government and asking that the Mayor withdraw his lawsuit. Kenneth Bowser, 4504 Everett Drive, spoke about the condition of the property he sold to Open Space, will not grant the City permission to go across his land to clean up the property Motion by Mr Siler to move Item 18 E. Appointments to Boards and Commissions, up to be Item 6 A., seconded by Mr Eafanti, carried 8-0 Motion by Mrs Worth for the approval of the Minutes of the Special Emergency Meeting of October 10 be approved, seconded by Mrs Dalbec, carried 8-0 Motion by Mrs Worth to pull Item 11 - Resolution 1562 - amending the purchasing policy for surplus equipment and material of the City of Wheat Ridge, off the Agenda and replace it with the "Fanny-pack program" that the Wheat Ridge Police Department has initiated, seconded by Mr Solano, carried 8-0 CITY COUNCIL MINUTES October 14, 1996 Page -3- Motion by Mr Solano to reconsider the telecommunications tower ordinance, seconded by Mrs Dalbec; carried 8-0 Motion by Mr Solano to postpone this to the next City Council meeting on the 28th of October and to delay its going into effect until after October 28 and that Mr Dahl write up a moratorium on the construction of telecommunication towers, seconded by Mrs, Dalbec; carried 8-0 Motion by Mr Solano to move Agenda Item 15 up to Item 6 B, seconded by Mr Siler; carried 7-1 with Mrs. Dalbec voting no PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Application for approval of a two-lot minor subdivision for property located at 6310 West 29th Avenue for the purpose of construction of a single-family home (Case No MS-96-8) (Keith Daly for W R Congregational U C C ) Keith Daly, 2001 Otis Street, was sworn in by the Mayor; he explained that the purpose of this application was to take one building site from their church property and sell it to a party that wants to build a single family home Mr Gidley presented the staff report. Motion by Mr DiTullio to accept the dedication as shown on the plat; seconded by Mr Solano, carried 7-1 with Mrs Worth voting no Item 2. Approval of an amendment to the Becker Industrial Park final development plan for property located at 10501 West 1-70 Frontage Road North. (Case No WZ-96-9) (Daniel Dearing) Daniel Dearing, applicant, was sworn in by the Mayor; gave reasons for his request and answered questions Glen Gidley presented the staff report. Motion by Mrs. Dalbec that Case No WZ-96-9, a request for approval of an amendment to the Becker Industrial Park final development plan for property located at 10501 West 1-70 Frontage Road North, be approved for the following reasons 1 All requirements for a final development plan amendment have been met; and, 2 There will be no reduction of landscaping of the property; adequate parking will be counted and if not in accordance with zoning requirements, will be part of the agreement that parking will be provided, seconded by Mr Solano, carried 8-0 CITY COUNCIL MINUTES October 14, 1996 Page -4- Item 3. 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 second reading by Mrs. Dalbec, title read by the Clerk; Ordinance No 1048 assigned, Mr Dahl gave background on the creation of this ordinance The following speakers were sworn in by the Mayor and spoke in favor of passage of this Ordinance Maribeth Lewis, 10900 West 39th Place, Hazel Bond, 7105 West 30th Avenue, Linda Lytle, works for Jefferson Center for Mental Health, Susan Hartley, 4015 Eaton Street; Nancy Snow, 11155 West 40th Avenue Motion by Mrs Dalbec for the approval of Council Bill 45 (Ordinance 1048), seconded by Mr Eafanti Motion to amend by Mr DiTullio to add the 750 foot spacing requirement; seconded by Mrs. Fields, failed 2-6 with Mrs Fields and Mr DiTullio voting yes Motion to amend by Mr DiTullio to add the staff and safety restrictions, seconded by Mrs Fields, failed 2-6 with Mrs Fields and Mr DiTullio voting yes Motion to amend by Mr DiTullio to add the special use permit for large homes (15 people including staff), seconded by Mrs Fields, tied 4-4 with Councilmembers DiTullio, Fields, Siler, Solano voting yes Mayor Wilde broke the tie by voting no Motion failed 5-4 Mr Dahl recommended the following changes to the Ordinance The typo on page 2 and 3 be changed to "24-34-301, C R.S ", page 3, change for to "of", page 3, change Title VIII to "Title III" Mr Eafanti moved to make all of these changes part of the motion, motion-maker agreed Mr Solano asked for a friendly amendment that on page 8, the sentence "In no instance shall more than one (1) such group home be permitted per each council district" be eliminated And also the 2000 feet spacing requirement be eliminated This was accepted by motion-maker and second. CITY COUNCIL MINUTES October 14, 1996 Page -5- Motion by Mrs Shaver to suspend the Rules and have Mrs Snow clarify her suggestions for amendments, seconded by Mrs Worth, tied 4-4 with Council members Eafanti, Dalbec, Worth, and Shaver voting yes Mayor Wilde broke the tie by voting no Motion failed 5-4 Original Motion as amended carried 7-1 with Mrs Fields voting no Motion by Mr Solano to reconsider Council Bill 45 for the sole purpose of clarifying the number of children in group homes for children, seconded by Mrs Dalbec; carried 7-1 with Mrs, Fields voting no Motion by Mr Solano for the adoption of Council Bill 45 (Ordinance 1048) as previously passed with the clarification with respect to the definition of group homes for children that we insert the words "for five or more children", seconded by Mrs Worth, carried 7-1 with Mrs Fields voting no As directed by City Council, City Attorney, Gerald Dahl, drafted an emergency ordinance regarding a moratorium on telecommunication towers during the break, Clerk assigned Ordinance No 1049 and Mr Dahl read the drafted ordinance in its entirety Ordinance 1049 - adopting a temporary moratorium on the acceptance, processing and issuance of building permits for the construction of telecommunications facilities within the City, and declaring an emergency Motion by Mrs. Dalbec to adopt Ordinance 1049, seconded by Mr Solano, carried 8-0 Item 4. 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; Ordinance Numbers 1050 and 1051 assigned The following speakers were sworn in by the Mayor' Dr Meredith Campbell, spoke in favor of the Ordinances, but suggested that the spaying age would be four months rather than three, and the weight be changed to 150 pounds CITY COUNCIL MINUTES October 14, 1996 Page -6- Bonnie Botham, 3380 Pierce Street, read a letter from the Wheat Ridge Livestock Association, which was in favor of the Ordinances Louise Turner, Wheat Ridge Animal Control Commission, was present to answer questions Motion by Mr Solano for the approval of Council Bill 41 (Ordinance 1050) and Council Bill 42 (Ordinance 1051) as amended to provide a new subparagraph 4-14 (c) (3) as recommended by the City Attorney; to include the following items under Section 14 (c) (II) "every potbellied pig must be neutered or spayed by the age of four (4) months, (III) no potbellied pig may weigh more than 150 pounds, (V) penned exterior areas confining potbellied pigs must be no closer than fifteen (15) feet to a side or rear yard lot line and no closer than thirty (30) feet to a residential structure located on an adjacent lot; (I) No more than two (2) potbellied pigs may be kept at one residence or location, provided, however, that an additional pig may be kept for each one (1) acre of property in excess of the minimum lot size, (III) the potbellied pig must be certified as such by a licensed veterinarian or be an officially registered potbellied pig; delete Section IV - garbage may not be fed to any potbellied pig, seconded by Mrs, Worth, carried 8-0 Item 5. Council Bill 46 - An Ordinance requiring Special Use Permits for mortuaries Council Bill 47 - An Ordinance requiring Special Use Permits for crematories Council Bills 46 and 47 were introduced by Mrs Dalbec who also read the title City Clerk assigned Ordinance Numbers 1052 and 1053 Motion by Mrs Dalbec for the approval of Council Bill 46 (Ordinance 1052) , seconded by Mrs Shaver; carried 8-0 Motion by Mrs Dalbec for the approval of Council Bill 47 (Ordinance 1053), seconded by Mr DiTullio, carried 8-0 Item 6. A. Appointments to Boards and Commissions Motion by Mr Siler that David Whitehead be appointed to the Building Code Advisory Commission from District II, and that Floy Jeffares be appointed to the District II vacancy on the Civil Service Commission, seconded by Mr Solano, carried 8-0 Item 6, B. Resolution 1560 - authorizing an amendment to the redevelopment agreement between EDARC and Wheat Ridge Marketplace Resolution 1560 was introduced by Mrs Solano, title read by the Clerk. CITY COUNCIL MINUTES October 14, 1996 Page -7- Gordon Hinshaw, 4045 Upham Street, complained about noise, lights, trash, trucks idling, etc He presented a petition signed by his neighbors complaining about the same things They would like to see a sound barrier, such as a fence or wall erected, and shielding and/or removal of some of the lights Motion by Mr Siler to go past 11'00 p m. (this needs a supermajority vote) to complete Items 9, 11, postpone 10 until next week, complete 18 A. B F, then continue this to Tuesday, October 15 at 6 00 P m., seconded by Mr Eafanti, tied 4-4 with Councilmembers Eafanti, Worth, Siler, and Fields voting no Motion by Mr Solano to adjourn after this item, seconded by Mr Siler; failed 5-3 with Councilmembers Dalbec, Worth, and Shaver voting no Motion by Mrs Dalbec to go past 11'00 p m and finish the Agenda, seconded by Mrs Worth, failed 5-3 with Councilmembers Dalbec, Shaver, and Worth voting yes Motion by Mrs Worth to finish this item and continue the meeting until Tuesday, October 15 at 6 00 pm, seconded by Mr Siler; carried 7-1 with Mrs Shaver voting no Motion by Mr Solano to postpone this item until we can have some discussion with Wheat Ridge Marketplace on this issue, that Wheat Ridge Market Place meet with the neighbors and come up with some kind of compromise, seconded by Mr Siler; carried 8-0 October 15, - 1996 CONTINUATION OF OCTOBER 14 CITY COUNCIL MEETING The continued City Council meeting was called to order by Mayor Wilde at 6 00 P m Councilmembers present: Teri Dalbec (arrived at 6 15 pm), Jerry DiTullio, Don Eafanti, Jean Fields, Janelle Shaver (arrived at 6 07 pm), Ken Siler, Tony Solano (arrived at 6'35 pm.), and Claudia Worth. Also present: City Clerk, Wanda Sang, City Administrator, Robert Middaugh, Director of Parks, Gary Wardle, Director of Public Works, Glen Gidley; for Director of Planning, Sean McCartney; staff; and interested citizens CITY COUNCIL MINUTES October 14, 1996 Page -8- ORDINANCES ON FIRST READING Item 6. Council Bill 48 - An Ordinance repealing Article I of Chapter 26, Section 26-30 (R) and re-enacting Article I of Chapter 26, Section 26-30 (R), of the Code of Laws of the City of Wheat Ridge, Colorado, concerning provisions for trash storage screening. Council Bill 48 was introduced on first reading by Mr Siler; title read by the Clerk. Motion by Mr Siler that Council Bill 48 be approved on first reading, ordered published, public hearing be set for Monday, November 25, 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 Mrs Fields, carried 5-0 Item 7. Council Bill 49 - An Ordinance amending Section 26-6 (D) of the Code of Laws of the City of Wheat Ridge, Colorado, relating to variance criteria. Council Bill 49 was introduced on first reading by Mr DiTullio, title read by the Clerk. Motion by Mr DiTullio that Council Bill 49 be approved on first reading, ordered published, public hearing be set for Monday, November 25, 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 addition of the wording in criteria 10; seconded by Mrs Fields, carried 5-0 Item 8. Council Bill 50 - An Ordinance repealing and re-adopting Section 16-176 of the Code of Laws, concerning possession and sale of tobacco products to minors Council Bill 50 was introduced on first reading by Mrs Worth who also read the title Motion by Mrs, Worth that Council Bill 50 be approved on first reading, ordered published, public hearing be set for Monday, November 25, 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 Mrs Dalbec; failed 3-4 with Councilmembers Eafanti, Dalbec, and Worth voting yes CITY COUNCIL MINUTES October 14, 1996 Page -9- DECISIONS. RESOLUTIONS. AND MOTIONS Item 9. Approval of Expenditure Items Motion by Mr DiTullio 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 Fields, carried 7-0 Item 10. Consider reconsideration of Resolution 1557 - approving IGA to obtain services for County-wide Transportation Plan--Phase II Motion by Mr Eafanti to reconsider the City's participation in an IGA with Jefferson County and the municipalities in Jefferson County for the purpose of completing a comprehensive transportation plan, seconded by Mr Siler; carried 5-2 with Mrs Dalbec and Mrs Fields voting no Motion by Mr Eafanti to approve Resolution 1557, authorizing the City's participation in an IGA with Jefferson County and municipalities in Jefferson County to complete a county wide transportation plan, and further moved that $14,100 be appropriated from the general fund balance and transferred to account 302-750 to pay the City's portion of the transportation plan, and that the budget be amended accordingly; seconded by Mr Siler Mr DiTullio asked for several friendly amendments That one meeting be held in the City of Wheat Ridge, that Wheat Ridge is awarded an additional citizen voting member on the policy committee, that the Comprehensive Plan Committee picks the person This was accepted by motion-maker and second. Motion for an amendment by Mrs, Dalbec that the Comprehensive Plan Committee will determine the person to represent Wheat Ridge at the County and it will be picked from a neighborhood group or business group in the City of Wheat Ridge that does not represent the City; seconded by Mrs Worth, failed 4-4 with Councilmembers Eafanti, Dalbec, Shaver, and Worth voting yes Vote on original motion with friendly amendment carried 7-1 with Mrs Dalbec voting no Motion by Mr Solano that we enter into some active discussion with the Board of Commissioners and the City Council on trying to address some of the inequities in funding and contributions, seconded by Mrs Worth, carried 8-0 CITY COUNCIL MINUTES October 14, 1996 Page -10- Motion by Mrs Dalbec that this Council give some direction to the Comprehensive Plan Committee as to how they are going to pick the person, that the Comp Plan Committee take applications from persons in this City who represent other people in the City; that the City put this on the television, and that we get somebody picked by November's meeting, seconded by Mrs Shaver; carried 8-0 Item 11. Supplemental appropriation for Community Policing Grant and the Fanny Pack Program Motion by Mrs Worth that the Police Investigation Operating Supplies budget, 01-212-650- 660, be increased by $2,000 and that the General Fund Revenue Police Grant line, 01-520- 05-549, be increased due to the acceptance of the Community Policing Grant. This supplemental appropriation will allow the funding of the Fanny Pack Program, seconded by Mr Solano, carried 8-0 Item 12, Bid Award for City Entrance Sign, 38th & Sheridan, 38th & Youngfield Motion by Mr Siler that sign design option 2 be approved for the construction of City entrance signs at the 38th & Sheridan and the 38th & Y oungfield intersections, I further move the cost be charged to the approved contingency funds for the 38th & Sheridan Intersection Improvement Project (S-MISC 01-95) and the 38th & Y oungfield Storm Sewer Improvement Project (D-CC11 01-94) budgeted in the Capital Improvement Fund I further move 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 Solano, carried 7-1 with Mrs Shaver voting no Item 13. Review architectural proposals for west entry design Motion by Mr DiTullio that the firm of RMA Group be retained by the City to perform a concept design on the west entry to the City Hall consistent with their proposal and that $2,47500 be appropriated from the General Fund balance for purposes of paying for architectural services associated with the west entry design, and that said funds be transferred to Account 610-750, and that the budget be amended accordingly I further move the art tiles be included in the design, seconded by Mr Solano, carried 8-0 CITY COUNCIL MINUTES October 14, 1996 Page -11- Item 14. Resolution 1559 - approving the IGA between the City of Wheat Ridge and EDARC for the allocation of sales tax incremental revenue for the Wheat Ridge Town Center Resolution 1559 was introduced by Mrs Worth, who also read the title Motion by Mrs Worth for the adoption of Resolution 1559 with the stipulation that the amount of the tax increment distributed to EDARC has a ceiling amount of $100,00000 per year; seconded by Mrs Dalbec; tied 4-4 with Councilmembers Eafanti, Dalbec, Worth, and Fields voting yes Mayor Wilde broke the tie by voting yes Motion carried 5-4 Item 16. Resolution 1561 - approving acquisition of real property interests and transferring funds for property acquisition pursuant to the Wheat Ridge Town Center Urban Renewal Plan Resolution 1561 was introduced by Mr Solano, title read by the Clerk. Ann Pitinga presented the staff report and answered questions Motion by Mr Solano to postpone this to the first meeting in December; seconded by Mr DiTullio, carried 8-0 Item 17. Environmental Site Assessment RFP 96-010, Professional Site Survey RFP 96- 009, and Professional Appraisal Services RFP 96-008 for the Davis property located at 3705 Jay Street. Motion by Mr DiTullio that the Environmental Site Assessment for 3705 Jay Street (RFP 96- 010) be awarded to Western Environment & Ecology in the amount of their bid of $1,200 I further move the Professional Survey Services for 3705 Jay Street (RFP 96-009) be awarded to Vigil Land Consultants in the amount of their bid of $2,940 I further move the Professional Appraisal Service for 3705 Jay Street (RFP 96-008) be awarded to Value Consultants in the amount of their bid of $2,150 I further move the funds for this project be budgeted from Acct. 32-601-800-809 of the Open Space Fund, seconded by Mrs Fields, carried 8-0 CITY COUNCIL MINUTES October 14, 1996 Page -12- Item 18. :g:Q)}~@l2:UiJlr u':..~1~1fi]19;iA'" A. Landscape/Drainage Improvements-City Hall Police Addition B Award of Contract for geotechnical services. C Time extension for aerial photography contract. D Amendments to City of Wheat Ridge Personnel Policies and Procedures F Approval of Special Events Permit for Sts Peter and Paul Motion by Mr Solano that the Consent Agenda be approved as printed, seconded by Mr Siler; carried 8-0 CITY ADMINISTRATOR'S MATTERS Consensus was 6 in favor to use the Traffic Management Program referred to by Mr Middaugh Consensus was 8 in favor to discuss proposal on community service during the budget process Consensus was 7 in favor to go with natural oak for the table in the conference room ELECTED OFFICIALS MATTERS Jerry DiTullio reminded Council of the procedure in the Council Rules "right of floor" Janelle Shaver asked Mr Goebel for update on 38th Avenue re-check. Ken Siler asked for update on bus shelters Don Eafanti doesn't think Council should cross-examine each other or speakers Motion by Mrs Dalbec to adjourn, seconded by Mr Siler; carried 8-0 Meeting adjourned at9 00 p m ) Wanda Sang, City Clerk fl?FROVED BY ~IIY C<?~NCIL ON OCTOBER 28, 1996 BY A VOTE OF ~ TO ~ I I I ~ \ \ " ~. t C u ia -Worth, Council President ',,-