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Home My WebLink About02/24/1997 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building February 24. 1997 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, and Claudia Worth Tony Solano was absent. Also present: City Clerk, Wanda Sang, City Treasurer, Jim Malone, City Manager, 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 February 10, 1997 Motion by Mr Eafanti for the approval of the Minutes of February 10, 1997, seconded by Mr Siler; carried 7-0. PROCLAMATIONS AND CEREMONIES STAMP (Safety Through Alerting Mail Persons) Award Presentations Jeannette Stack, Arvada Police Department, gave background on STAMP program The following awards were presented Wilmore Davis Elementary School Joneil Wilson, Danae Owens, Kristi Brown Stevens Elementary School Terry Hefner, Gianna Petrillo Lauren Bastian Prospect Valley Elementary School Sarah McNerney, Alissa Harvey, Weston Allred Pennington Elementary School Sara Robinson, Josh Johnston, Heath Kinsey Kullerstrand Elementary School Andrew Nelson, Rachel Welch Matt Trumbo Martensen Elementary School Ashley Lynkiewicz, Zach Lynkiewicz, Kathy Villejo CITIZENS' RIGHT TO SPEAK There was no one present to speak. CITY COUNCIL MINUTES February 24, 1997 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. A. Council Bill 7 - An Ordinance providing for the approval of rezoning from Planned Buildings and Facilities District to Agricultural-One District on land located at 11220 West 45th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-96-13) (City of Wheat Ridge) Council Bill 7 was introduced by Mr Siler on second reading, title read by the Clerk; Ordinance No 1067 assigned. Glen Gidley was sworn in by the Mayor and presented the staff report. Motion by Mr Siler that Council Bill 7 (Ordinance No 1067) a request for approval of a rezoning from Public Buildings and Facilities to Agricultural-One for property located at 11200 West 45th Avenue, be approved for the following reasons 1 it will bring the use of the property and zoning into conformance 2 City Council directed staff to initiate rezonings on all nonconforming City-owned properties, and 3 Planning Commission recommends approval, seconded by Mr Eafanti carried 6-1 with Mrs Worth voting no B Council Bill 6 - An Ordinance providing for the approval of a Special Use Permit to allow governmental buildings with outside storage and repair facilities in an Agricultural-One District on land located at 11220 West 45th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-96-6) (City of Wheat Ridge) Council Bill 6 was introduced on second reading by Mr Siler; title read by the Clerk; Ordinance No 1068 assigned Mr Gidley presented the staff report. Motion by Mr Siler that Council Bill 6 (Ordinance 1068) a request for Special Use to allow governmental facilities with outside storage and repair for property located at 11200 West 45th Avenue, be approved for the following reasons 1 It will allow historic use of the property to continue 2. The evaluation criteria support approval of this request. 3 Staff recommends approval CITY COUNCIL MINUTES February 24, 1997 Page -3- With the following conditions 1 The Special Use Permit be granted to the City of Wheat Ridge 2. Solid fencing be provided around the entire perimeter of the property; seconded by Mr Eafanti Motion by Mrs Worth for an amendment that the City and staff take seriously looking at property above 1-70 between the Railroad track and 1-70 for the shops facility and look at land up there and keep their eyes open, we need to start looking for a larger facility for our equipment; seconded by Mrs Dalbec, carried 4-3 with Councilmembers Siler, DiTullio, and Fields voting no Motion by Mrs. Shaver to delete condition 2, seconded by Mrs Dalbec; failed 2-5 with Councilmembers Dalbec and Shaver voting yes Vote on original motion as amended carried 4-3 with Councilmembers Shaver, Dalbec and Fields voting no Item 2. Council Bill 4 - An Ordinance providing for the approval of a Special Use Permit to allow the collocation of panel antennas on an existing lattice tower in Residential-Two Zone District on land located at 7500 West 29th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (SUP-96-5) Council Bill 4 was introduced on second reading by Mrs Dalbec, title read by the Clerk; Ordinance No 1069 assigned Gary Pultz, and Ann Prouty, representing Sprint Spectrum LP, were sworn in by the Mayor Ms Prouty presented the case Motion by Mrs Dalbec that Case No SUP-96-5, a request for approval of a Special Use Permit to allow the addition of CMRS panel antennas onto an existing lattice tower on R-2 zoned property located at 7500 West 29th Avenue, be approved for the following reasons. 1 A Special Use Permit is required to allow the collocation of CMRS panel antennas on an existing, nonconforming tower 2 The collocation will alleviate the necessity of additional shorter towers 3 The evaluation criteria support approval of this request. With the following condition The Special Use Permit be granted to Sprint Spectrum LP seconded by Mr DiTullio, carried 7-0. CITY COUNCIL MINUTES Item 3. February 24, 1997 Page -4- Council Bill 5 - An Ordinance amending the Code of Laws of the City of Wheat Ridge, Chapter 26, Article I, Zoning Code, regarding residential uses within Commercial Zone Districts Council Bill 5 was introduced on second reading by Mr Siler; title read by the Clerk; Ordinance No 1070 assigned Mr Gidley presented the staff report. Motion by Mr Siler that Council Bill 5 (Ordinance No 1070) be approved on second reading, effective date is March 11, 1997, seconded by Mr DiTullio, carried 7-0 ORDINANCES ON FIRST READING Item 4. Council Bill 9 - An Ordinance repealing and reenacting Section 19-32 of the Code of Laws of the City of Wheat Ridge, Colorado, to establish compensation for regular employees and provide for public accountability for use of accrued leave Council Bill 9 was introduced on first reading by Mrs. Fields, title and summary read by the Clerk. Motion by Mrs. Fields that Council Bill 9 be approved on first reading, ordered published, public hearing be set for Monday, March 24, 1997 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 Mr Eafanti, carried 7-0. Item 5. Council Bill 10 - An Ordinance providing for the approval of rezoning from Agricultural-One to Planned Industrial Development District and for approval of an Outline Development Plan on land located 4951 Miller Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-97-2) (W R. Miller Properties LLP) Council Bill 10 was introduced on first reading by Mr DiTullio, title and summary read by the Clerk. Motion by Mr DiTullio that Council Bill 10 be approved on first reading, ordered published, public hearing be set for Monday, March 24, 1997 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 Mr Eafanti, carried 7-0. CITY COUNCIL MINUTES February 24, 1997 Page -5- DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Consideration of decorative street lights for the 32nd Avenue reconstruction project. Item 6 was introduced by Mr DiTullio, title and summary read by the Clerk. Mr Goebel stated that the very last survey indicated 21 people in favor of the lights, 9 against, 1 no opinion, and 14 people did not respond Motion by Mrs Dalbec to postpone because all of the rights of entry are not in, this was approved at the last Council meeting Died for lack of second Vance Edwards, 3205 Jay Street, and Linda Mauro spoke in favor of the street lights Motion by Mr DiTullio that the Victorian Street lighting option for 32nd Avenue between Pierce and Sheridan be approved for construction and I further move that $100,000 be transferred from the Capital Projects fund balance to Acct. No 30-302-800-845, 32nd Avenue Pierce to Sheridan, to cover the Public Service Company's costs associated with this construction, seconded by Mrs Fields, carried 4-3 with Councilmembers Shaver, Siler, and Dalbec voting no Mr Siler feels that this is simply a beautification project, not a safety issue, if this is passed, the lights should go all the way to Wadsworth, not stop at Pierce Mrs Dalbec is concerned about the 9 people that don't want this, she also wonders if people are going to see this brightly lit area and start driving down there thinking it is a commercial area, this would increase traffic all the way down 32nd Avenue, if we start this kind of program we should have criteria in place Many of Mrs Shaver's constituents have urged her to vote no on this, this belongs in a commercial area, this will cost $7,000 a year in our public service bill, our treasury is not a bottomless well Motion by Mr Siler that an additional $100,000 be transferred to the Capital Projects fund to the Acct. No 30-302-800-845 to continue the Victorian Lighting Project from Pierce Street to Wadsworth and that if additional funds are needed that the City come back to us and let us know; seconded by Mr Eafanti, failed 3-4 with Councilmembers Fields, Eafanti, and Siler voting yes Motion by Mr DiTullio to amend that motion to build sidewalks in District II on 38th and 44th from Ames to Gray; seconded by Mrs Fields, failed 2-5 with Councilmembers DiTullio and Fields voting yes. CITY COUNCIL MINUTES February 24, 1997 Page -6- Item 7. 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 Siler; carried 5-1 with Mrs. Dalbec voting no (Mrs Fields had not returned from break) Item 8. CONSENT AGENDA. A. Bid Award for Recreation Brochure/Newsletter (RFB #97-07) B Bid Award for Softdesk Civil Suite (RFQ #002-97) C Bid Award for CarpetinglVinyl (RFB #97-08) D Fleet Replacements for 1997 Motion by Mr Siler for approval of the Consent Agenda, seconded by Mr DiTullio Mrs Shaver asked to pull Item C Motion on A. B D carried 6-0. (Mrs Fields had not returned from break) Motion by Mrs Shaver to delay Item 8 C because the Anderson Building might get torn down to be replaced with a Recreation Center; seconded by Mrs Dalbec; failed 3-4 with Councilmembers Shaver, Eafanti, and Dalbec voting yes Motion by Mr Siler to approve Item 8 C, seconded by Mr DiTullio, carried 5-2 with Councilmembers Shaver and Dalbec voting no CITY MANAGER'S MATTERS Motion by Mrs Worth that the 1997 Municipal Court budget be amended to reflect an additional $12,000 in expenditures as recommended by the Court; seconded by Mr Siler; carried 7-0. Motion by Mrs Dalbec to hold a Regular Meeting on March 10, 1997 and to meet with the Legislators (Keller and Perlmutter) at 6'00 p.m , seconded by Mrs Worth carried 4-3 with Councilmembers Siler, DiTullio, and Eafanti voting no Consensus was 6 in favor for Councilmembers to rotate to go to Board and Commission meetings and report back at Study Sessions CITY COUNCIL MINUTES February 24, 1997 Page -7- Motion by Mrs. Worth to hold an Executive Session under Section 57 (b)(3) of the Charter after Council members' Matters and adjourn right after the Executive Session, seconded by Mrs Dalbec; carried 5-2 with Mr Siler and Mr DiTullio voting no CITY ATTORNEY'S MATTERS Mr Dahl is working on some options for Council in response to a question by the Council President regarding voting no on first readings of zoning ordinances. ELECTED OFFICIALS MATTERS Motion by Mrs Dalbec that an Ordinance be written on conditional use permits and include a right of legal protest and that it go to Planning Commission and then to City Council, seconded by Mrs Worth, carried 7-0. Mr DiTullio asked that discussion of legal advertising be brought in to the March 24 meeting Mr Siler reported on the last DRCOG meeting Mrs Shaver questioned Mr Siler about proposed tax increases by DRCOG Mr Siler has voted against tax increases in the past. EXECUTIVE SESSION WAS HELD. Meeting adjourned at 11 30 P m. ;. , ~../lLL.f J" It ~ .~'("'-t- Wanda Sang, City Clerk AP,PROVED BY CITY COUNCIL ON MARCH 24, 1997 BY A VOTE OF ~ TO ~ \. \ \! \ t '\ -.. . ' , , ,i. Claudia Worth, Council President