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HomeMy WebLinkAbout12/16/1996 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building December 16. 1996 The Regular City Council was called to order by Mayor Wilde at 7 10 P m Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean Fields, Ken Siler, Tony Solano, and Claudia Worth Janelle Shaver was absent due to illness Also present: Deputy City Clerk, Christa Jones, 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 November 25 and December 2, 1996 Motion by Mr Eafanti for the approval of the Minutes of November 25, 1996, seconded by Mr DiTullio, several corrections and clarifications were made, carried 7-0 Motion by Mr Eafanti for the approval of the Minutes of December 2, 1996 with corrections, seconded by Mrs Fields, carried 7-0 Consensus was 7 in favor to hold a Study Session at 5 00 P m on Wednesday, December 18, 1996 prior to the scheduled Emergency Meeting CITIZENS' RIGHT TO SPEAK Ron Patera, 4125 Pierce Street, applauded Council for not reappointing Geoff Wodell to EDARC due to absences, complained about the Mayor's lawsuit and the cost to the citizens of Wheat Ridge PROCLAMATIONS AND CEREMONIES Mayor Wilde administered the Oath of Office to Mr LLoyd A. Donnelly, EDARC Commissioner CITY COUNCIL MINUTES December 16, 1996 Page -2- Motion by Mr DiTullio to add an Agenda Item 6 A. - An Emergency Ordinance adopting a temporary moratorium on development of multi-family residential uses within the City, and declaring an emergency; seconded by Mr Solano, Mrs Dalbec requested that a moratorium on Industrial be also included in the discussion, carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 52 - An Ordinance providing for the approval of rezoning from Commercial-One (C-1) to Residential-Two (R-2) and Residential-One C (R-1 C) properties generally located along West 29th Avenue between Sheridan Blvd on the east, and Fenton Street on the west, City of Wheat Ridge, State of Colorado Council Bill 52 was introduced on second reading by Mr DiTullio, title read by the Clerk; Ordinance No 1058 assigned Glen Gidley was sworn in by the Mayor and presented the staff report Rod Weuve, 2860 Ames Street, was sworn in by the Mayor; he asked that his property at 2860 Ames Street be excluded from the mass rezoning He bought this property as commercial property and has rented it to commercial businesses, he has 11 off-street parking places Odarka Figlus, 5560-80 West 29th Avenue, was sworn in by the Mayor; she commended Council in District I for how they handled the neighborhood meetings, also thanked the City for the beautiful decorations Motion by Mr DiTullio for the adoption of Council Bill 52 (Ordinance 1058) on second reading for the following reasons 1 The area of this proposed rezoning exceeds the five acre minimum required by Ordinance 1040 2 The number of separate ownership parcels exceeds the five (5) parcel minimum requirement of Ordinance 1040 3 The low density residential character of this neighborhood will be preserved and protected with this rezoning. 4 No known existing commercially used properties are included in this rezoning 6 This rezoning will bring the zoning into substantial compliance with the Comprehensive Plan for this area, seconded by Mr Eafanti Motion by Mr Solano to amend Mr DiTullio's motion that 2860 Ames Street be excluded from this rezoning action, seconded by Mr Siler; carried 5-2 with Mrs Fields and Mr DiTullio voting No Original Motion as amended carried 7-0 CITY COUNCIL MINUTES December 16, 1996 Page -3- Item 2. Council Bill 55 - An Ordinance establishing the position of City Historian Council Bill 55 was introduced on second reading by Mrs Fields, title read by the Clerk; Ordinance No 1059 assigned Motion by Mrs Fields for the approval of Council Bill 55 (Ordinance 1059), seconded by Mr Siler; carried 7-0 Item 3. Council Bill 54 - An Ordinance amending Chapter 22 of the Wheat Ridge Code of Laws, concerning Sales and Use Tax. Council Bill 54 was introduced on second reading by Mr Siler' title read by the Clerk; Ordinance No 1060 assigned Motion by Mr Siler for the approval of Council Bill 54 (Ordinance 1060), seconded by Mrs Dalbec, carried 7-0 Item 4. Public Input for 1997 Budget. There was on one present to speak. Item 5. A. Council Bill 53 - An Ordinance providing for the approval of rezoning from Residential-One and Agricultural-Two to Residential-One A District on land located at 12345 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-96-15) (Daniel and Sherri Schneider) The applicant has revised his rezoning request from R-1A to R-1 since C.B 53 was approved on first reading. Council Bill 53 was introduced on second reading by Mr Siler; title read by the Clerk; Ordinance No 1061 assigned Applicant Dan Schneider was sworn in by the Mayor, gave presentation and answered questions Glen Gidley presented the staff report. Doug Jenks, 11885 West 38th Avenue, was sworn in by the Mayor; he is representing property owners to the east, spoke mainly in favor of the development; had concerns about the two long cul-de-sacs, sees no need for street to the east; has reservations about sewer access across their property; not in favor of public access to the Greenbelt. CITY COUNCIL MINUTES December 16, 1996 Page -4- John B Moore, 12207 West 38th Avenue, was sworn in by the Mayor; he owns 3 14 acres to the west of the property; is satisfied with the planned residences, has concerns about the proposed road to the east; sees no reason for it. Mrs Worth asked to read a letter from one of the Councilmembers into the record Mayor Wilde stated that was against the Council Rules Motion by Mrs Dalbec to suspend the Rules and allow a letter from a Councilmember to be read into the record, seconded by Mrs Worth, carried 6-1 with Mr Siler voting no Mrs Worth read a letter from Janelle Shaver into the record, which was against the rezoning, applicant can subdivide according to current zoning Motion by Mr Siler that Council Bill 53 be approved on second reading, with an amendment to revise Residential-One-A (R-1 A) to Residential-One (R-1) for the following reasons 1 The rezoning conforms to the Comprehensive Plan, and, 2 R-1 is compatible with adjacent uses and zoning, and, 3 The applicant has revised his request from R-1A to R-1, seconded by Mr Eafanti Mrs Dalbec offered a substitute Motion Motion by Mrs Dalbec that Council Bill 53 be denied on second reading with the amendment R-1 A to R-1 for the following reasons The proposed change of zone is not compatible with the surrounding area and this is the change from A-1 to R-1, the proposed rezoning would adversely affect the public health by causing problems for the Greenbelt; the property could be rezoned and developed under the existing zoning conditions with the R-1 and A-2 that are currently part of this parcel, seconded by Mr DiTullio, carried 4-3 with Councilmembers Siler, Eafanti, and Solano voting no B Public Hearing on application by Daniel and Sherri Schneider for approval of a 14-lot subdivision with a variance for property located at 12345 West 38th Avenue, Wheat Ridge (Case No WS-96-3) C Public Hearing on street width designation for all public streets within a proposed subdivision at 12345 West 38th Avenue, Wheat Ridge Resolution 1573 - establishing and designating street widths for all public streets within Prospect Ridge Subdivision Motion by Mr Solano to continue these two Agenda Items to January 13, 1997, seconded by Mr DiTullio carried 7-0 CITY COUNCIL MINUTES December 16, 1996 Page -5- DECISIONS. RESOLUTIONS. AND MOTIONS Motion by Mr DiTullio to hear Agenda Item 6 before 6 A. because there are people here who signed up to speak on 6 , seconded by Mr Siler; carried 7-0 Item 6. Closure of West 38th Place between Pierson and Parfet Streets The following speakers came forward Susie Biehl, 3895 Pierson Court; Richard Page, 3865 Pierson, Bob Snyder, 3885 Pierson They all spoke in favor of closing the street; they cited security reasons, privacy, cut-through traffic Motion by Mr Solano to postpone this Item until and when staff gets back with us that street closing is a viable option and they have a neighborhood meeting to resolve that issue, seconded by Mr DiTullio, carried 7-0 Item 6. A. Mr DiTullio explained that he had faxed Council over the weekend that he had asked Mr Dahl to write an Ordinance that would place a moratorium on accepting R-2 and R-3 building permits and also accepting applications to rezone from R-2 and R-3 He wants this addressed prior to January Mr Dahl requested that in the future, when he is requested to draft an Ordinance, it be done either at a Council meeting or at a Study Session, this will enable him to ask questions and be more clear as to what is expected of him Motion by Mr Solano to add a Council Rule that any Ordinance to be drafted by Mr Dahl be developed in front of the Council and be done by consensus at a Council meeting, seconded by Mr DiTullio, carried 6-1 with Mrs Dalbec voting no Mr Dahl will prepare a draft of the Rule Motion by Mr DiTullio that the Ordinance be split into two Ordinances, one to address the moratorium on rezoning, the other one to address the moratorium on building permits, seconded by Mrs Fields, carried 6-1 with Mr Siler voting no Mr Dahl and Mr Gidley will be working on these Ordinances and bring them back to be voted on prior to adjournment. Motion by Mr Solano not to include Industrial on the Emergency Ordinances, seconded by Mr DiTullio, carried 5-2 with Mrs Worth and Mrs Dalbec voting no CITY COUNCIL MINUTES December 16, 1996 Page -6- Item 7. Resolution 1571 - adopting the City Budget. Resolution 1571 was introduced by Mr DiTullio, title read by the Clerk. Motion by Mr DiTullio for approval of Resolution 1571 and that we hold one more budget meeting after January 13, 1997 to discuss additional budget items and answer Councils' questions, seconded by Mr Solano, carried 7-0 Item 8. 38th Avenue Banner Project. Steven Schmitz, Economic Development Coordinator for the City of Wheat Ridge, explained the work that had been done for this project. Rae Jean Behm, 3835 Quail Street, asked that Council support this project. It will not only benefit the merchants, but will beautify Wheat Ridge Motion by Mr Eafanti that $10,623 be appropriated from the General Fund fund balance for the 38th Avenue Banner Project, and transferred to fund 34 and that the Fund 34 budget be amended to reflect revenues of $21,923, from the City and contributions, and an expenditure of $21,923 for the banner project; this money is to come out of the 1997 budget; seconded by Mrs Fields, carried 6-1 with Mrs Dalbec voting no Item 9. Approval of Expenditure Items Motion by Mr Solano 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. I further move that the funds for these purchases be encumbered for the length of time required to receive the purchased items which expressly allows for the expenditure of funds in 1997 for this purchase in accordance with ordinance #787,1989 Series, seconded by Mr Eafanti, carried 7-0 CITY COUNCIL MINUTES December 16, 1996 Page -7- Item 10. c.,:wit)1~~JiJ1J). ):Oj~}~lD).oo A. Renewal of Contract for Sales/Use Tax Auditor's Services (RFP #97-0001) B Resolution 1572 - authorizing reimbursement from the City of Wheat Ridge's attributable share of the Jefferson County Open Space fund for Parks and Open Space C Street Materials for 1997 D Resolution 1574 - authorizing the Mayor and City Clerk to sign the Jefferson County Open Space "Certification Form Request for Payment and Certification of Use of Funds" requesting payment for development of Prospect Park Expansion Motion by Mrs Worth for approval of the Consent Agenda, Items A. B C and D , seconded by Mr Siler Mrs Dalbec asked that D be voted on separately Motion carried 7-0 Motion by Mr Solano to go past 11 00 and finish Items 6 A., and 10 D, seconded by Mr Siler; carried 6-1 with Mrs Dalbec voting no Motion by Mrs Dalbec for approval of Item D, seconded by Mr DiTullio, carried 7-0 Item 11. Discussion of Ordinance regarding off-street parking Consensus was 7 in favor for this to go to the Planning Commission Item 6. A. Ordinance 1061 - an Ordinance adopting a temporary moratorium on rezoning for two-family and multi-family residential uses within certain zone districts in the City, and declaring an Emergency Motion by Mr DiTullio for the adoption of Ordinance 1061 with the changes made by Mr Dahl and Mr Gidley; seconded by Mrs Dalbec, carried 6-1 with Mr Siler voting no CITY COUNCIL MINUTES December 16, 1996 Page -8- Ordinance 1062 - an Ordinance adopting a temporary moratorium on issuance of building permits for two-family and multi-family residential uses within the City, and declaring an Emergency Motion by Mr DiTullio for the adoption of Ordinance 1062 with the changes made by Mr Dahl and Mr Gidley; seconded by Mrs Worth, carried 4-3 with Councilmembers Solano, Siler and Eafanti voting no Mr Solano feels that an existing property owner has the right to potentially develop his property that he bought with a specific zoning and we are restricting him to develop his property Motion by Mr DiTullio that Mr Dahl be directed to write a first and second reading of these Ordinances and for the Comprehensive Plan Committee to address the zoning districts in Wheat Ridge, Mr Dahl will talk to the Comprehensive Plan Committee to see what their schedule is and include a proposed date in the draft of the two Ordinances, seconded by Mrs Worth Mr Solano asked that the two ordinances be voted on separately Motion on Ordinance 1061 carried 6-1 with Mr Siler voting no Motion on Ordinance 1062 carried 4-3 with Councilmembers Siler, Solano, and Dalbec voting no Motion to adjourn by Mr Solano, seconded by Mr Eafanti, carried 7-0 Meeting adjourned at 11 40 P m C~J"''': -' > ~ Christa Jones, Deputy City Clerk APPROVED I3Y CITY COUNCIL ON JANUARY 13,1997 BY A VOTE OF ~ TO ~ I ' . ( I I .~ ia Worth, Council Presi nt