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HomeMy WebLinkAbout06/23/1997 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building JUNE 23. 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, Tony Solano, and Claudia Worth Also present: City Clerk, Wanda Sang, City Treasurer, Jim Malone, City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Chief of Police, Jack Hurst, acting as City Manager and Director of Planning, Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES OF June 9,1997 and June 11, 1997 Motion by Mr Eafanti for the approval of the June 9, 1997 City Council Minutes, seconded by Mr DiTullio, carried 7-0 with Mr Siler abstaining Motion by Mr Eafanti for the approval of the June 11, 1997 City Council Minutes, seconded by Mrs Fields, carried 7-0 with Mrs Dalbec abstaining CITIZENS' RIGHTS TO SPEAK Ted Robinson, 7380 West 32nd Avenue, complained about his neighbors at 7340 West 32nd Avenue, who have a 26 year old horse penned in a 17x20 pen, the smell of horse manure and the flies are offense to him and his wife JoAnne Howard, 7260 West 31st Place, also complained about the horse smell and the lack of cooperation from Code Enforcement. Kim Fear, 7340 West 32nd Avenue, owner of the horse, explained that the horse pen is 20x40, she cleans the pen on Monday, Wednesday and Friday and sometimes on the weekend, they have had the horse for 15 years and her rights should be respected as well Gretchen Cerveny, 3425 Moore Street, informed Council of a letter of intent that they plan to gather enough signatures to put an initiative on the ballot for the Wheat Ridge election on November 4, 1997 This is for four-year staggered terms for Councilmembers, candidates receiving the most votes would serve a four-year term candidates with the next highest number of votes would serve a two-year term. WHEAT RIDGE CITY COUNCIL MINUTES June 23, 1997 Page -2- Boyd Adsit, 3245 Moore Street, asked that Council take up the four-year staggered term issue, he also suggested that if a Councilmember found something in the Charter pertaining to a vote, it would be fair to inform the other Councilmembers prior to voting Scott Read, 7180 West 48th Avenue, asked that Council reconsider their vote of June 9, 1997 and add under Class 6 street closure as a viable option He offered to initiate at no cost the installation of the first stop sign along 48th Avenue, he will supply the labor, the manpower, the materials In return he asks that the City listen to the wishes of the neighborhood Kristina Anderson, 7340 West 32nd Avenue, spoke on behalf of Mrs Fear and her horse Mrs Fear is following the law, stop harassing her Louise Turner, 11256 West 38th Avenue, has visited the horse property in question on behalf of the livestock association, the property was clean, there was no smell She cautioned City Council about changing the law regarding horse properties. The current law has been in effect since 1967 and has worked really well. Preserve a little bit of the past character of Wheat Ridge People like the rural character and atmosphere of Wheat Ridge Tessa Martinelli, 4240 Upham Street, is a new Wheat Ridge resident; one of the big reasons they bought their property is because they want a horse, let the people who love their animals keep them. Kevin Craig, 10615 West 46th Avenue, paid extra money for their house so they could have their horse there, pleaded with Council not to change the law Verna Dunsmore, 3085 Upham Court, has nothing against horses, but doesn't like it that close to her Chris Whiteman, 4745 Parfet Street, thinks it is a privilege to live in Wheat Ridge surrounded by horses, he has many people who like horse manure and pick it up at his small stable. Motion by Mr Solano to add an Agenda Item 5 A. reconsideration of the traffic control ordinance, specifically to give the option of closure on Class 6 Streets (There was no second and no vote was taken) WHEAT RIDGE CITY COUNCIL MINUTES June 23, 1997 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Request for rear setback variance at 3900 Pierce Street. (Case No CUP-97-2) (Sts. Peter & Paul Catholic Church) Mr Siler introduced this item, title was read by the Clerk. Dan Muldoon, 1890 Kipling Street, Lakewood, architect for the project, representing Sts. Peter and Paul Catholic Church, stated that they hope to construct a 3400 square foot classroom addition to their existing school building; it will consist of two classrooms on the lower level and a library on the upper level Planning Commission has recommended approval with a stipulation to move the building addition 8' from the rear property line, it's currently planned at 5' from the rear property line, they are asking Council to be allowed to construct the school as it was originally planned, with the 5' rear setback. Meredith Reckert, representing the Wheat Ridge Planning Department, gave the staff report. Motion by Mr Siler that the request for approval of a 15' variance that results in a 5' rear setback for property located at 3900 Pierce Street, be approved for the following reasons 1 There are unique hardships due to drainage structure and location There will be no major impact on property located to the east. The existing school already has a 5' setback on the original school to the northeast of the building. Before any construction be approved and started that a Power of Attorney must be filed with the City with sufficient power to bind the property owners with the understanding that there is to be a 5' setback; seconded by Mr Solano Mr DiTullio asked to abstain because his children attend school at Sts. Peter and Paul, failed 1-7 with Mr DiTullio voting yes Motion carried 7-1 with Mrs. Shaver voting no Item 2. Resolution 1607 - initiating rezoning procedures for a large area located in the 38th Avenue and Parfet Street neighborhood Resolution 1607 was introduced by M rs Shaver; title read by the Clerk. Motion by Mrs Shaver for adoption of Resolution 1607, seconded by Mr Eafanti, carried 8-0 WHEAT RIDGE CITY COUNCIL MINUTES June 23, 1997 Page -4- ORDINANCES ON FIRST READING Item 3. Council Bill 14 - An Ordinance adding Section 25 of Chapter 25 of the Code of Laws of the City of Wheat Ridge, Colorado, concerning duties of the Economic Development and Revitalization Commission Council Bill 14 was introduced on first reading by Mr DiTullio, who also read the title and summary Motion by Mrs. Worth to postpone this Item until such time as our Economic Development Director is off the sick list and can come back and take over the duties, seconded by Mrs Dalbec; failed 3-5 with Councilmembers Worth, Shaver, and Dalbec voting yes Motion by Mr DiTullio that Council Bill 14 be approved on first reading, ordered published, public hearing be set for Monday, July 14, 1997 at 7'00 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect immediately; seconded by Mr Solano, carried 5-3 with Councilmembers Shaver, Worth, and Dalbec voting no Mrs Shaver, Mrs Worth and Mrs Dalbec feel that these two entitities should be kept separate as they have been in the past and it has worked well Item 4. Council Bill 17 - An Ordinance providing for the approval of rezoning from Residential-Two and Commercial-One to Planned Commercial Development District and for approval of an Outline Development Plan on land located at 6225 West 48th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Louis Ficco) (Case No WZ-97-7) Council Bill 17 was introduced on first reading by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler that Council Bill 17 be approved on first reading, ordered published, public hearing be set for Monday, July 28, 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 DiTullio, carried 8-0 WHEAT RIDGE CITY COUNCIL MINUTES June 23, 1997 Page -5- Item 5. Council Bill 18 - An Ordinance providing for the approval of rezoning from Commercial-One to Planned Commercial Development District and for approval of an Outline Development Plan on land located at 9500 West 49th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Pacifica Holding Company) (Case No WZ-97-5) Council Bill 18 was introduced on first reading by Mrs Dalbec who also read the title Motion by Mrs Dalbec that Council Bill 18 be approved on first reading, ordered published, public hearing be set for Monday, July 28, 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 Solano, carried 8-0 Item 5. A. Motion by Mr Solano to reconsider the action of Council on June 11, 1997 indicating that under Class 6 street closing is not one of the options under traffic control, seconded by Mrs. Worth, carried 6-2 with Mrs Shaver and Mr DiTullio voting no Scott Read, 7180 West 48th Avenue, Lisa Marcellus, 7390 West 48th Avenue, Justine Read, 7180 West 48th Avenue, James Swenson, 6790 West 48th Avenue, asked that Council at least allow the option of street closure under Class 6 streets Council will have the final say, but citizens would at least like the option available Motion by Mr Solano that Class 6 streets have the option to close streets as a last resort option, seconded by Mr Siler; carried 5-3 with Councilmembers Shaver, DiTullio, and Fields voting no DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Discussion of final offer for right-of-way acquisition on 38th Avenue (Perrotti) Mr DiTullio introduced Item 6 and read the summary Chief Hurst presented the staff report. Motion by Mr DiTullio to offer Mr Perrotti the following option That the City may agree in exchange for right-of-way in front of Mr Perrotti's building to construct and convey five parking spaces to the south and east of his building, and allow the exclusive use of anywhere from one to five of the parking spaces in our public parking lot for as long as he owns the property; seconded by Mr Eafanti, carried 6-2 with Mrs. Shaver and Mrs Worth voting no Mrs Worth stated that before the City bought the municipal parking lot, Mr Perrotti had every opportunity to buy that lot and use it for his parking, but he did no do that. WHEAT RIDGE CITY COUNCIL MINUTES June 23, 1997 Page -6- Item 7. Resolution 1608 - requesting reimbursement for Land Acquisition Cost from Jefferson County Open Space Fund 100% from the Jefferson County Share for the Acquisition of property located at 3975 Kipling, 4075 Kipling, and 10150 W 40th Avenue totaling 10 6 acres more or less Said property to be used for Parks and Recreation purposes Resolution 1608 was introduced by Mr Siler; title read by the Clerk. Motion by Mr Siler for acceptance of the commercial sales contract for the property located at 3975 Kipling Street in the amount of $486,000 I further move for acceptance of the commercial sales contract for the property located at 4075 Kipling Street in the amount of $200,000 I further move for acceptance of the commercial sales contract for the property located at 10150 West 40th Avenue in the amount of $335,800 I further move for $10,000 earnest money be approved for the purchase of the property located at 3975 Kipling Street and be charged to Acct. 32-601-809 I further move for $10,000 earnest money be approved for the purchase of the property located at 4075 Kipling Street and be charged to Acct. 32- 601-809 I further move for $10,000 earnest money be approved for the purchase of the property located at 10150 West 40th Avenue and be charged to Acct. 32-601-809 I further move that the sale of the property at 3975 Kipling Street and 4075 Kipling Street is conditional on the sales of the property at 10150 West 40th Avenue If the sale of this property does not go through, then the other two pieces of property are not bought by the City I further move for adoption of Resolution 1608, seconded by Mrs Worth, carried 8-0 Motion by Mrs Worth to suspend the Rules and go past 11 00 P m and finish the Agenda, seconded by Mrs Dalbec, carried 6-2 with Mr DiTullio and Mr Solano voting no Item 8. City Council Rule change regarding substitute motions Item 8 was introduced by Mr DiTullio, who also read the summary Motion by Mr DiTullio to amend Rule 11 to add Substitute motions prohibited Notwithstanding any provision of these rules of procedure or of Roberts Rules of Order to the contrary substitute motions shall not be permitted, seconded by Mrs Worth, carried 7-1 with Mrs Shaver voting no Item 9. Designation of City Historian. Item 9 was introduced by Mrs Fields, who also read the summary Motion by Mrs Fields that Robert Olson be designated as the City's Historian, seconded by Mrs Worth, carried 8-0 WHEAT RIDGE CITY COUNCIL MINUTES June 23, 1997 Page -7- Item 10. 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 Solano, carried 8-0 Item 11. CONSENT AGENDA. A. Resolution 1609 - providing for the creation of a Special Revenue Fund for the purpose of building a new Recreation Center B Resolution 1610 - authorizing the Mayor and City Clerk to sign the Urban Drainage and Flood Control District Agreement No 97- 02 12 regarding the construction of maintenance access improvements for Clear Creek, City of Wheat Ridge to request $50,000 in funding for the Greenbelt Trail Relocation Project. C 1 Resolution 1611 - authorizing the Mayor and City Clerk to sign the Joint Use and Development Agreement with Jefferson County R-1 Schools for the development of a playground and the construction of landscape and play field improvements at Prospect Valley Elementary School. C 2 Resolution 1612 - authorizing the Mayor and City Clerk to sign the Joint Use and Development Agreement with Jefferson County R-1 Schools for the development of a playground at Wilmore Davis Elementary School D The approval of the Community Development Block Grant contract for the construction of the playground at 37th of Upham and acceptance of the permanent easement from the Jefferson County Housing Authority for the construction of the playground. Motion by Mr Siler for approval of Consent Agenda Item 0, pulling Items A. B C 1 and C.2 to be voted on separately; seconded by Mr DiTullio, carried 8-0 WHEAT RIDGE CITY COUNCIL MINUTES June 23, 1997 Page -8- Item A. Motion by Mr DiTullio that the City Council adopt Resolution 1609 in order to create a special revenue fund for the purpose of funding the proposed recreation center I further move that the following amount be transferred to the new fund in order to assist with the funding $582,419 from the Capital fund account #30-303-800-845, Mr Siler asked for a friendly amendment to take $80,000, less expenditures already made, out of Conservation Trust Fund and put it into the Recreation Center fund This was accepted I further move to take in account the friendly amendment by Mr Siler regarding the fourth Whereas in Resolution 1609; seconded by Mr Siler Motion by Mr Siler to amend Resolution 1609 that in the event the proposed tax increase for the recreation center fails the moneys allocated will be returned to their original source, seconded by Mrs Worth, carried 7-1 with Mrs Shaver voting no Original Motion as amended carried 5-3 with Councilmembers Fields, Solano and Dalbec voting no Item B Motion by Mrs Dalbec for adoption of Resolution 1610; seconded by Mr Solano, carried 8-0 Item C 1 Motion by Mr Siler for adoption of Resolution 1611 That $27,100 be transferred from the Conservation Trust Fund balance to Acct. 54-601-862 for playground equipment at Prospect Valley School, seconded by Mr Eafanti, carried 7-1 with Mr DiTullio voting no Motion by Mr Siler to remove landscaping of $100,000 from Resolution 1611 and to postpone this to July 28, 1997, seconded by Mr DiTullio, carried 6-2 with Mrs Shaver and Mr DiTullio voting no Motion by Mr Siler that in connection with Resolution 1611 staff come back with a list of all the funds that have been used in Joint Venture School projects with playfield developments, landscaping, and the annual maintenance cost; seconded by Mrs Worth, carried 6-2 with Mrs Shaver and Mr Solano voting no Item C 2. Motion by Mr Solano for adoption of Resolution 1612 That $22,300 be transferred from the Conservation Trust Fund Balance to Acct. No 54-601-862 to pay for the Wilmore Davis Playground Equipment; seconded by Mr Solano, carried 7-1 with Mr DiTullio voting no Mr DiTullio stated we have no money to put new playground equipment in Stites Park, but we put the money in R-1 and they have money WHEAT RIDGE CITY COUNCIL MINUTES June 23, 1997 Page -9- CITY ATTORNEY'S MATTERS Councilmembers Siler and Solano will ask for a Special Meeting on July 9, 1997 to discuss architectural design standards Mr Dahl reported on the horse regulations that he had been asked to provide Consensus was to discuss this at the July 21 Study Session. ELECTED OFFICIALS MATTERS Consensus was 6 in favor for Mr Dahl to prepare an Ordinance for first reading for July 14 regarding ballot initiatives requested by Mr Siler Motion by Mr Siler to adjourn, seconded by Mr Eafanti, carried 7-1 with Mr Solano voting no Meeting adjourned at 1 05 a.m