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HomeMy WebLinkAbout07/28/1997 /" CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building JULY 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 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, staff; and interested citizens APPROVAL OF MINUTES OF July 14,1997 Motion by Mr Eafanti for the approval of the Minutes of July 14, 1997, seconded by Mr Siler; carried 8-0 CITIZENS' RIGHT TO SPEAK Susan Seeds, 6147 West 35th Avenue, thanked everybody who participated in the Clear Creek Celebration of the Arts PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 21 - An Ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16 8(b), concerning term limitations for the City Clerk. Council Bill 21 was introduced on second reading by Mr Siler; title read by the Clerk; Ordinance No 1079 assigned John Jerman urged that Council reject all four ordinances, Items 1 through 4 His reason is lack of general city-wide support and lack of need. The Charter should be revised only when there is a pressing need and when the good of the City as a whole is at stake. The public has rejected 4-year terms previously and has stated its preference for the present 2-year terms for all elected officials. WHEAT RIDGE CITY COUNCIL MINUTES July 28, 1997 Page -2- There is a great value in reviewing the performance of elected officials every two years, particularly in a small City such as ours Mr Jerman then read a letter into the record from Wheat Ridge United Neighborhoods, which addressed Items 3 and 4, WRUN is strongly opposed to having the Council place these amendments on the general election ballot in November 1997 This matter should be put on the ballot if sufficient signatures can be obtained in a petition process Gretchen Cerveny is in the process of passing petitions for 4-year staggered terms for Council, if Council votes to have this placed on the ballot, she won't finish her petition drive Nancy Snow is disappointed to hear this again, citizens have already turned this down twice by a 2-1 margin, it is very self-serving, if there are enough citizens out there who want it that badly, then let the citizens who started out on their petition drive continue that; we all honor that procedure The Clerk and Treasurer are somewhat professional positions and probably shouldn't have to run every 2 years Motion by Mr Siler for the approval of Council Bill 21 (Ordinance 1079), seconded by Mrs Worth. Motion by Mrs Dalbec to add language to the second whereas, to provide for extended length of terms and for term limitations, seconded by Mrs Shaver; failed 3-5 with Councilmembers Dalbec, Shaver, and Eafanti voting yes Original Motion carried 8-0 Item 2. Council Bill 22 - An Ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16 8(b), concerning term limitations for the City Treasurer Council Bill 22 was introduced on second reading by Mr Siler; title read by the Clerk; Ordinance No 1080 assigned Motion by Mr Siler for the approval of Council Bill 22 (Ordinance 1080), seconded by Mr Solano, carried 8-0 Item 3. Council Bill 19 - An Ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16.8(b), concerning term limitations for the Mayor Council Bill 19 was introduced on second reading by Mr Siler; title read by the Clerk; Ordinance No 1081 assigned WHEAT RIDGE CITY COUNCIL MINUTES July 28, 1997 Page -3- Motion by Mr Siler for the approval of Council Bill 19 (Ordinance 1081), seconded by Mr Eafanti, carried 5-3 with Councilmembers Shaver, Fields, and Dalbec voting no Mrs Shaver stated that the voters have turned this down twice, she feels it's better to possibly have eleven rookies rather than 11 bad people making decisions, she is in favor of citizens asking for this by petition. Mrs Fields also feels this should be addressed by the petition process Item 4. Council Bill 20 - An Ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16 8(b), concerning term limitations for City Councilmembers Council Bill 20 was introduced on second reading by Mr Siler; title read by the Clerk; Ordinance No 1082 assigned. Motion by M r Siler for the approval of Council Bill 20 (Ordinance 1082), seconded by M r Eafanti; carried 5-3 with Councilmembers Shaver, Fields and Dalbec voting no Mrs. Dalbec hasn't anybody in her District clamoring to get this on the ballot. She likes the 2-year terms because it makes it a much more involved City Mrs Shaver has heard from people saying 2 years is enough Item 5. 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 (Case WZ-97-7) (Louis Ficco) Council Bill 17 was introduced on second reading by Mr Siler; title read by the Clerk; Ordinance No 1083 assigned Mr Middaugh explained that due to an error on the City's part, Items 5 and 6 need to be revised There are items on the plans that would only be allowed in a PID not a PCD The applicant for Item 5 has chosen to stay with the PCD and to eliminate the items not allowed The applicant for Item 6 has chosen to apply for a PID instead. Mr Middaugh then pointed out the items not allowed on the Outline Development Plan. WHEAT RIDGE CITY COUNCIL MINUTES July 28, 1997 Page -4- Lou Ficco, 11315 West 38th Avenue, applicant, was sworn in by the Mayor, presented his proposal and asked for approval of his application Meredith Reckert was sworn in by the Mayor and gave the staff report. Motion by Mr Siler that Council Bill 17 (Ordinance 1083), a request for approval of a rezoning from Residential-Two and Commercial-One to Planned Commercial Development and for approval of an outline development plan for property located at 6225 West 48th Avenue, be approved for the following reasons 1 The proposal is consistent with adjacent zoning and development. 2. The property cannot be reasonable developed under current zoning. 3 Planning Commission recommends approval With the following conditions 1 On the first page, auto related businesses are listed twice and should be consolidated to avoid redundancy 2 Conditions on page 1, Section 2, should be included that no sale of automotive vehicles, new or used, be allowed 3 Stone cutting for artisans, memorials, lapidary and such related uses will be allowed 4 The applicant, upon submission of final development plans, may change rezoning from PCD to PID with appropriate documentation 5 If continued as a PCD Items deleted as Industrial be returned to the appropriate documentation, seconded by Mr Solano Motion by Mrs Shaver for an amendment that any trees that are cut down be replaced, the number of trees be replaced with the same number of trees, seconded by Mrs Dalbec; failed 3-5 with Council members Dalbec, Shaver, and Worth voting yes Original Motion carried 8-0 Item 6. 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 (Case No WZ-97-5) (Pacifica Holding Company LLC) Mr Middaugh explained that this applicant does not have the flexibility to change their plans like Mr Ficco did They will withdraw this application and re-apply under PID Mr Middaugh asked that this be expedited since it was the City's fault that this happened WHEAT RIDGE CITY COUNCIL MINUTES July 28, 1997 Page -5- Mike Kendall, applicant, was sworn in by the Mayor, withdrew his application and asked that any expediting that could be done would be most appreciated Motion by Mrs Dalbec that staff expedite this and have first reading before Planning Commission hearing, seconded by Mr Solano, carried 8-0 ORDINANCES ON FIRST READING Item 7. Council Bill 24 - An Ordinance amending the Municipal Theft Charge by increasing the amount taken up to $500 00; repealing all other ordinances in conflict therewith and declaring an emergency Council Bill 24 was introduced by Mr Solano, title read by the Clerk; Ordinance No 1084 assigned Motion by Mr Solano that Council Bill 24 (Ordinance 1084) be approved, seconded by Mr DiTullio, carried 8-0 Item 8. Council Bill 25 - An Ordinance amending the Municipal Theft Charge by increasing the amount taken up to $500 00, repealing all other ordinances in conflict therewith Council Bill 25 was introduced on first reading by Mr Solano, title read by the Clerk. Motion by Mr Solano that Council Bill 25 be approved on first reading, ordered published, public hearing be set for Monday, August 11, 1997 at 7'00 pm in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mrs Dalbec; carried 8-0 Item 9. Council Bill 26 - An Ordinance amending Ordinance 1066, Series of 1997, concerning a temporary moratorium on rezoning for two-family and multi-family residential uses within certain zone districts in the City Council Bill 26 was introduced on first reading by Mr Solano, title read by the Clerk. Catherine Dunlap, 7160 West 30th Avenue, stated that she and her neighbors are very concerned that their neighborhood was going to be sacrificed She asked why this moratorium was being amended now when the new Comprehensive Plan was in its final stages WHEAT RIDGE CITY COUNCIL MINUTES July 28, 1997 Page -6- Mrs Dalbec explained that this only addressed applications that had already been in process when the moratorium was passed Council had not been aware that there was an existing application when they originally passed this moratorium Mr DiTullio stated for the record that the building moratorium for duplexes, apartments and planned residential developments were enacted for three reasons 1 The Comprehensive Plan Committee was reviewing land use goals and policies along with the City's Comprehensive Plan and that would take some time 2. Wheat Ridge zoning is a hodge- podge of zones that were created by the County before we were a City and no Council has ever attempted to correct it until now 3. The building and housing report created by the Planning Department painted a bleak picture of the current land use situation in Wheat Ridge Motion by Mr Solano that Council Bill 26 be denied, seconded by Mr DiTullio, carried 7-1 with Mrs Dalbec voting no DECISIONS. RESOLUTIONS. AND MOTIONS Item 10. A. Resolution 1614 - authorizing the appropriate City Officials to execute an Intergovernmental Agreement by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado, concerning the mailing of notices relating to the City of Wheat Ridge's Election to be held on November 4, 1997 (Election) Motion by Mrs Worth that Resolution 1614 be approved; seconded by Mr Siler; carried 8-0 B Resolution 1615 - authorizing the appropriate City Officials to execute an Intergovernmental Agreement by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado regarding the administration of their respective duties concerning the conduct of the coordinated election to be held on November 4, 1997 Motion by Mrs Worth that Resolution 1615 be approved; seconded by Mr DiTullio, carried 8-0 Item 11. 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 WHEAT RIDGE CITY COUNCIL MINUTES July 28, 1997 Page -7- CITY MANAGER'S MATTERS Item 12. Discussion of development of an ordinance to establish a complaint process for building and remodeling contractors utilizing the City's Building Code Advisory Board. Motion by Mr Siler that the City Manager and City Attorney be directed to prepare an ordinance for Council consideration that would establish a complaint process for building and remodeling contractors utilizing the City's Building Code Advisory Board, seconded by Mr DiTullio, carried 8-0 Mr Middaugh stated that the City has the authority to abate nuisances and that we have to follow a step-by-step process that is in the Code now One of the steps is that the property owner can request an administrative hearing to protest the abatement order That gives a certain element of due process, but it doesn't require a court process. He suggested the four department heads and Bill Powell be the designated hearing officers Only one person will need to do the hearing, but this will give us a pool of people to draw from Motion by Mr DiTullio to approve the five people suggested by the City Manager to conduct administrative hearings, seconded by Mrs Dalbec Motion by Mrs. Worth to approve the five people for the matter of the manure clean-up in District III only; seconded by Mrs Shaver; failed 3-5 with Councilmembers Shaver, Worth, and Eafanti voting yes Vote on original motion carried 7-1 with Mrs Worth voting no Mr Middaugh asked for a Council decision on the plans for the entry way remodel Motion by Mr DiTullio to postpone a decision on this until a Study Session, seconded by Mrs Fields, tied 4-4 with Councilmembers Shaver, DiTullio, Fields, and Eafanti voting yes Mayor Wilde broke the tie by voting no Motion failed 5-4 Consensus was 7 in favor to go with Scheme A. WHEAT RIDGE CITY COUNCIL MINUTES July 28, 1997 Page -8- ELECTED OFFICIALS MATTERS Janelle Shaver didn't like that we passed Scheme A without comparing it to previous drawings, feels it is bigger, doesn't have as much glass on it and looks different than discussed before Ken Siler said we didn't "pass" it, we only made a choice of which of the two we liked He went to the Clear Creek Celebration of the Arts and thought the quality was great and the exhibitors were class people and he thought it went really well Jerry DiTullio stated that US West hasn't moved some of their poles on West 32nd Avenue and this has caused delay in the reconstruction Claudia Worth asked that the dump truck that the kids painted be used in the Carnation Festival and people have asked that the paint not be removed Jean Fields questioned why we don't follow Council Rules When Councilmembers are absent they don't always contact the City Clerk and their constituents are left wondering why their representative is not there She also questioned the proper Agenda setting procedures, and why some Councilmembers read the title of items they introduce, rather than have the Clerk read the title Don Eafanti doesn't think this type of discussion should be held in a public meeting, it is something that can be done on the telephone He thinks the Festival was great. Tony Solano asked how the median work on Harlan was going Mr Middaugh stated that Lakeside is taking some positive steps but he will follow up on it. WHEAT RIDGE CITY COUNCIL MINUTES July 28, 1997 Page -9- Teri Dalbec moved to provide enough seating for Board and Commission members when we have a joint meeting so they can join us in the discussion at the table so that we can have more input from them, she further moved that a letter be sent to the members so that they be notified as soon as possible when we plan such a meeting, seconded by Mr DiTullio, carried 8-0 Motion to adjourn, carried 7-1 with Mr Solano abstaining Meeting adjourned at 11'00 p m. Wanda Sang, City C erk APPROVED BY CITY COUNCIL ON AUGUST 11,1997 BY A VOTE OF c:,.-, TO';c