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HomeMy WebLinkAbout04/28/1997 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building APRIL 28. 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 (arrived at 735 p.m ), Tony Solano, and Claudia Worth 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 April 14, 1997 Motion by Mr Eafanti for the approval of the Minutes of April 14, 1997 seconded by Mr Solano, carried 7-0 CITIZENS' RIGHT TO SPEAK Ben Hayes, 3450 Estes Street, Boy Scout with Troop 135, is concerned about the traffic at the corner of 35th and Estes Street; asked that the current two-way stop on 35th be changed to a four-way stop sign at the corner of 35th & Estes, this will slow down the traffic and encourage cars to travel on Dudley Street. Speed bumps on Estes Street are another option Roland Cole, Councilmember from Commerce City, representing DRCOG, presented an award to the City of Wheat Ridge for third place Cooperative Service Delivery Motion by Mrs Shaver to add an Agenda Item between Items 3 and 4, renumbered 3 B This Item is a motion to contribute money to the Wheat Ridge High School Post Prom and Jefferson High School Post Prom, seconded by Mrs Dalbec; carried 7-0 Motion by Mr DiTullio to add an Agenda item 8 A. Council Rule Change, seconded by Mrs Fields, carried 5-2 with Mrs Worth and Mrs Dalbec voting no CITY COUNCIL MINUTES April 28, 1997 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 13 - An Ordinance establishing a Commission on Seniors Issues Council Bill 13 was introduced on second reading by Mrs Fields, title and summary read by the Clerk; Ordinance No 1076 assigned The following speakers were sworn in by Mayor Wilde John Jerman read a letter into the record from Wheat Ridge United Neighborhoods, which endorses and fully supports the proposal to create a Commission on Seniors Issues, they proposed that the title be changed to "The Senior Citizens Commission" to better describe the intent of the Commission EIRena Hockenberry presented petitions titled "The following Wheat Ridge Citizens support establishing a Commission on Senior Issues but request the Council to leave the operation and programs of the Community Center as is" They want it spelled out in writing in the Ordinance that the Community Center remain as it is, they will not be satisfied until that happens. Virginia Garrett commended the Parks Department for their brochures that get mailed out to every home in Wheat Ridge three times a year and list all the programs available in Wheat Ridge If people read this, they will know what goes on in Wheat Ridge, no matter what District they live in She thanked the City for the excellent programs that are available here, such as computer classes, hiking, etc Doris Ibbison is in favor of a Senior Commission, but has a problem with paragraph (c) under Section 2 , which states that the Commission shall provide advice and input on all community programs and activities regarding senior citizens within the community She thinks that daily operation of the facilities within any department of this City are supposedly under the supervision and control of our City Administrator; let's set that policy and stick with it. Council is a policy making body and should not be involved in managing individual departments She also asked that paragraph 5 be stricken Motion by Mr Siler to move this to a Study Session and until we determine that there is sufficient support from the citizens of Wheat Ridge to bring it back to City Council for action, seconded by Mrs Dalbec Motion by Mrs Dalbec to amend to postpone this to August 7, 1997, seconded by Mrs Worth. tied 4-4 with Councilmembers Siler, Eafanti Solano, and Dalbec voting yes Mayor Wilde broke the tie by voting no Motion failed 5-4 CITY COUNCIL MINUTES April 28, 1997 Page -3- Motion by Mr DiTullio to postpone this to June 16, 1997 Study Session, seconded by Mrs Shaver Mr DiTullio called for the question, seconded by Mrs Worth, tied 4-4 with Councilmembers Shaver, DiTullio, Worth, and Fields voting yes Mayor Wilde broke the tie by voting yes Call for the question carried 5-4 Vote on Mr DiTullio's motion to postpone to June 16 carried 6-2 with Mr Solano and Mrs Dalbec voting no tem 2. Request for approval of a variance to increase the number of signs from four to six within a Master Sign Plan for property located at 11001 and 11201 West 1_ 70 Frontage Road North Request for approval of a variance to increase the allowed sign height from 25 feet to 28 feet within a Master Sign Plan for property located at 11001 and 11201 West 1-70 Frontage Road North (Case No WA-96-26) (Medved) Item 2 was introduced by Mr DiTullio, title and summary read by the Clerk. Mr Middaugh asked that Mr Gidley be allowed to speak before the applicant, in order to present Council with some background on this matter Glen Gidley was sworn in by the Mayor and explained that this was an appeal from a Planning Commission denial regarding the variances to the number of signs and the height of those signs This will require a super-majority vote on the part of City Council Dennis Polk, attorney for the applicant, was sworn in by the Mayor and asked for approval of the variance to allow six signs and the approval of the variance to allow the sign height from 25 feet to 28 feet. Glen Gidley presented the staff report. Ken Lewis, 3840 Wright Street, was sworn in by the Mayor and asked that this Item be approved CITY COUNCIL MINUTES April 28, 1997 Page -4- Motion by Mr DiTullio that the request for approval of a variance to increase the number of signs from four to six within a Master Sign Plan for property located at 11001 and 11201 West 1-70 Frontage Road North be denied for the following reasons 1 The evaluation criteria do not support approval 2 Staff does not support the request. 3 Planning Commission did not support the request. 4 That the City Attorney prepare findings in accordance with that motion and bring back to Council for their debate and action for the next regular Council Meeting two weeks hence, seconded by Mrs Worth, carried 6-2 with Mr Eafanti and Mr Solano voting no Motion by Mr DiTullio that the request for approval of a variance to increase the allowed sign height from 25 feet to 28 feet within a Master Sign Plan for property located at 11001 and 11201 West 1-70 Frontage Road North be denied for the following reasons 1 The evaluation criteria do not support approval 2 Staff does not support the request. 3 Planning Commission did not support the request. 4 That the City Attorney prepare findings in accordance with that motion and bring back to Council for their debate and action for the next regular Council Meeting two weeks hence, seconded by Mrs Worth, carried 6-2 with Mr Eafanti and Mr Siler voting no ORDINANCES ON FIRST READING Item 3. Council Bill 14 - An Ordinance adding Chapter 25, Section 25, to the Code of Laws of the City of Wheat Ridge, Colorado, concerning Economic Development Advisory Board Council Bill 14 was introduced on first reading by Mr DiTullio, who also read the title and summary Motion by Mr DiTullio that Council Bill 14 be approved on first reading, ordered published, public hearing be set for Monday, June 9, 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 7-1 with Mrs Dalbec voting no Item 3. B. Mrs Shaver explained that a balance of $500 was left in the outside agencies account. The Post Prom money request had been inadvertently submitted too late for the Agenda when Council distributed the money CITY COUNCIL MINUTES April 28, 1997 Page -5- Motion by Mrs. Shaver that funds totaling $325 be contributed to Wheat Ridge High School Post Prom '97 from the balance of funds allocated for 1997 outside agency contributions I further move that, in addition to the $150 already contributed to Jefferson High School, an additional $175 also be contributed to Jefferson High School Post Prom, seconded by Mr Solano, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 4. A. Resolution 1595 - approving an ESTIP Agreement for the redevelopment of the Northwest corner of West 44th Avenue and Wadsworth Blvd B Resolution 1596 - approving an ESTIP Agreement with AMB Retail Income Fund and General Management Company for the remodel of a portion of the Applewood Village Center Agenda Item 4 was introduced by Mr Siler; titles and summaries read by the Clerk. Steve Schmitz explained the two projects and the benefits to the City of Wheat Ridge Glen Gidley explained the street reconfigerations He urged Council to make it a part of the agreement with Vern's to establish either a joint curb cut on Wadsworth Blvd with Red Lobster, or to require a cross access easement between Vern's and Red Lobster along the common property boundary He further explained that there was a single family home bordering on this property, although this is zoned Commercial The owners of this property have requested some type of a buffer, such as a six foot fence Since this is not a rezoning matter and already zoned commercial, we cannot require this as part of the zoning, but can require this as part of the agreement. Mr Gidley then moved on to explain the proposed landscape and circulation changes in the Applewood Shopping Center Charlotte Saracino, 4430 Yarrow Street, asked that Vern's be required to put in a retaining wall to protect her property Odarka Figlus, 9775 West 36th Avenue, her family owns the building at 44th & Yarrow; she asked for a buffer between her property and the development, such as a solid fence or wall and some landscaping to increase that distance a little bit from their property line so we don't have trucks coming up and down right there CITY COUNCIL MINUTES April 28, 1997 Page -6- Jay Kamlet, 410 17th Street, Denver, attorney for applicant at Applewood Village Center, was present to answer questions He felt staff did a wonderful job of making the presentation and he didn't feel he needed to add anything Motion by Mr Siler that Resolution 1595 be approved with the following conditions 1 It shall be a requirement that the building permit establish either a joint curb cut on Wadsworth Blvd with Red Lobster and/or to require a cross access easement between Vern's and Red Lobster along common property boundaries 2 The City work out with the owner of property known as Vern's and property owners to the West, a joint agreement to improve that property line with either a fence and/or landscaping, seconded by Mr Eafanti Motion by Mrs Worth to amend to require a retaining wall between the residential developed land to the West and a six foot landscape buffer from the North to within 20 feet of the driveway to the South for appropriate resolution agreed to by the neighbors to the West; either that or whatever they deem as an appropriate solution, seconded by Mrs Shaver; failed 3-5 with Councilmembers Shaver, Dalbec and Worth voting yes. Motion by Mrs Shaver that every effort be made to keep the original Vern's sign and keep it with the new Restaurant; seconded by Mrs Worth, carried 8-0 Original Motion carried 8-0 Motion by Mr Siler that Resolution 1596 be approved, seconded by Mr DiTullio Motion by Mrs Shaver to make an amendment that the deciduous trees that are planted in Resolution 1596 be a minimum of 2 1/2 inch caliber; seconded by Mrs Worth, tied 4-4 with Councilmembers Dalbec, Shaver, Worth, and Fields voting yes Mayor Wilde broke the tie by voting no Motion failed 5-4 Vote on original motion carried 8-0 Mayor Wilde left the meeting at 1045 P m. and Mayor pro tem Fields chaired the remainder of the meeting CITY COUNCIL MINUTES April 28, 1997 Page -7- Item 5. Expansion of Urban Renewal Area. Item 5 was introduced by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler that EDARC be directed to undertake an analysis of the possible expansion of the Urban Renewal Area to incorporate the intersection of 44th Avenue and Wadsworth Blvd and surrounding property to determine if blight exists and whether an Urban Renewal Project is feasible and to prepare an amendment to the Urban Renewal Plan for consideration in the event blight and a feasible project are found, seconded by Mr Solano, carried 6-2 with Mrs Shaver and Mrs Dalbec voting no Item 6. Designation of skateboard facility site Item 6 was introduced by Mr DiTullio, who also read the title Motion by Mr Eafanti to suspend the Rules and go past 11 00 pm, seconded by Mr Solano carried 6-2 with Mr Eafanti and Mr Solano voting no Motion by Mr DiTullio that Anderson Park be designated as the site for a skateboard facility and that staff proceed with a design for the project; seconded by Mrs Shaver Mrs Dalbec asked for an amendment that the skateboard facility be located on the grassy knoll near the Northeast corner of the parking area, seconded by Mrs Worth, failed 4-4 Vote on original motion carried 7-1 with Mrs. Dalbec voting no Motion by Mr DiTullio that staff be authorized to demolish the former 7-11 building at Anderson Park to allow the siting of the skateboard facility Motion died for lack of second Motion by Mr Solano that staff be directed to find an appropriate spot within Anderson Park away from the traffic, not associated with the 7-11, to locate the skateboard facility and bring back to City Council for approval, seconded by Mr Siler; carried 7-1 with Mr DiTullio voting no Item 7. Participation in November 1997 coordinated election Item 7 was introduced by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler that the City of Wheat Ridge participate in the November 4, 1997 coordinated election with Jefferson County; seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES April 28, 1997 Page -8- Item 8. Resolution 1597 - A Resolution of the Wheat Ridge City Council expressing its policy towards transportation systems in the Northwest Quadrant of the Denver Metropolitan Area. Resolution 1597 was introduced by Mr DiTullio, title and summary read by the Clerk. Motion by Mr DiTullio for approval of Resolution 1597 and to delete the words "or control" in Section 7, seconded by Mrs Worth, carried 7-1 with Mr Solano voting no Item 8A Council Rule Change, Section 2 8 Mr DiTullio is proposing to change the Council Parliamentarian from the Council President to a non-biased 3rd party He is requesting that this be placed on the Agenda at the first business meeting in May Item 9. May meeting dates Motion by Mr Solano that the May 26 City Council meeting be canceled and that the meeting on May 19 be changed from a study session to a regular meeting, seconded by Mrs Dalbec, carried 7-1 with Mr DiTullio voting no Item 10. 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 Worth, carried 8-0 Item 11. CONSENT AGENDA. A. Sound System for Council Chambers (RFB #96-21) B Traffic Materials for 1997 (MAPO-007 -94/B-2822) C Repair & Relamp Athletic Field Lighting (RFB #97-16) D Security Guard Services for the Municipal Court (RFP #97-003) Motion by Mr Siler for approval of the Consent Agenda, seconded by Mrs Worth Mr Solano asked to remove Item A. Mrs Shaver asked to remove Item C CITY COUNCIL MINUTES April 28, 1997 Page -9- Motion on Band D carried 7-1 with Mr DiTullio voting no Motion by Mrs Worth to approve A., seconded by Mr Siler; carried 6-2 with Mr DiTullio and Mr Solano voting no Motion by Mrs Shaver that the repair and relamping of the Athletic Fields (RFB #97-16), be awarded to Korns Lamp Lighting, Inc in the amount of their bid of $2,899 74 and that all costs be charged to Acct. No 01-603-774, seconded by Mrs Worth, carried 7-1 with Mr DiTullio voting no CITY MANAGER'S MATTERS Consensus was 6 in favor to hold a joint session with the Planning Commission on May 15 ELECTED OFFICIALS MATTERS Ken Siler referred to his memo regarding drafting an ordinance to change and improve the Building Code He asked for consensus that Mr Dahl be authorized to draft an Ordinance Consensus was 7 in favor Jerry DiTullio complained about Glen Gidley's demeanor toward the Comprehensive Plan Committee He also asked that trucks be towed out of the right-of-way behind the Perrotti property Tony Solano asked that the City Attorney provide a list and short outline of all cases pending against the City and that this be done on a quarterly basis He asked that a Board and Commission appointment for the Comp Plan Committee be put on the next Agenda. Teri Dalbec asked for consensus for the City to look into buying bikeshelters through a DRCOG program and bring the information back to Council Consensus was 6 in favor Motion by Mr Eafanti to adjourn, seconded by Mr Siler; carried 6-2 with Mr DiTullio and Mr Solano voting no Meeting adjourn at 12.33 a.m c..~IL ON MAY 12, 1997 BY A VOTE OF ~ TO ~ ------ if resT~e~