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HomeMy WebLinkAbout08/25/1997 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building August 25, 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, staff; and interested citizens APPROVAL OF MINUTES OF August 11,1997 Motion by Mr Eafanti for the approval of the Minutes of August 11, 1997, seconded by Mrs Worth, carried 8-0 CITIZENS' RIGHT TO SPEAK There was no one present to speak. Motion by Mrs Dalbec to add an item 5 A. to the Agenda - DRCOG Representation - , seconded by Mrs. Worth, carried 7-1 with Mr Siler voting no Motion by Mr Siler to add an item 5 B to the Agenda - A Resolution expressing the priority and support for Jefferson County Open Space funding for the Recreation Center Site Acquisition -, seconded by Mrs Dalbec, carried 8-0 Motion by Mr DiTullio to add an item 5 C to the Agenda - EDARC appointment - seconded by Mrs Worth, carried 8-0 WHEAT RIDGE CITY COUNCIL MINUTES August 25, 1997 Page -2- LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1. Transfer of Ownership from Patzcuaro, Inc , dba "Restaurante Patzcuaro" 7000 West 38th Avenue, Wheat Ridge, to Minillas, Inc , dba "Minillas Restaurant" Item 1 was introduced by Mrs Worth, City Clerk, Wanda Sang, presented the staff report. Applicant, Juanita Bonilla, was sworn in by the Mayor and answered questions Motion by Mrs Worth to approve the Transfer of Ownership from Patzcuaro Inc, dba "Restaurante Patzcuaro", 7000 West 38th Avenue, Wheat Ridge, to Minillas, Inc., dba "Minillas Restaurant", for the following reasons 1 All applications have been filed and fees have been paid 2 Applicant is in possession of the premises because they purchased the building 3 Applicants have been cleared by the police department; seconded by Mr DiTullio, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Public Hearing on Case No WS-97 -2 - an application by Wallace Rice for Albert Family Trust for approval of a six lot major subdivision on Residential- One zoned land located at 12355 West 38th Avenue, and proposed street width designation Item 2 was introduced by Mrs Dalbec, title read by the Clerk. Applicant, Wally Rice, was sworn in by the Mayor and presented his application Richard Romberg, engineer for the project, was sworn in by the Mayor and answered questions Meredith Reckert was sworn in by the Mayor and gave the staff report. Barry Schafer, 3801 Urban Street, was sworn in by the Mayor; he wants curb, gutter and sidewalk on this street. Motion by Mrs Dalbec that the request for a 6 foot front yard setback variance for property located at 12355 West 38th Avenue be approved for the following reasons Circumstances are unique because this will allow for the logical extension of right-of-way from the south There will be no negative impact on the general health, safety and welfare The applicant has submitted letters of support from property owners most likely to be affected; seconded by Mr DiTullio, carried 8-0 WHEAT RIDGE CITY COUNCIL MINUTES August 25, 1997 Page -3- Motion by Mrs Dalbec that Case No WS-97-2, a request for approval of a 6-lot subdivision on R-1 zoned property, located at 12355 West 38th Avenue, be approved for the following reasons All the lots meet or exceed the R-1 zoned district regulations All of the requirements of the subdivision regulations have been met. With the following conditions 1 Existing mature trees on the property be saved through consultation by the City Arborist. 2. An 8-foot wide walking path and landscaping be installed along 38th Avenue consistent with property development adjacent and to the east. 3 Staff recommends approval. 4 That the $75 00 per lot be given to the City; seconded by Mr DiTullio, carried 8-0 Motion by Mrs. Dalbec for approval of Resolution 1621, which is the 34 feet street width designation, seconded by Mr DiTullio, carried 8-0 ORDINANCES ON FIRST READING Item 3. A. Council Bill 40 - An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to parking and storage of truck-tractors and/or semitrailes upon property located within Commercial and Industrial Zone Districts. B Council Bill 41 - An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to outside storage requirements in Commercial and Industrial Zone Districts. C Council Bill 42 - An Ordinance amending the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, pertaining to maximum lot coverage and minimum landscape requirements within the Light Industrial (I) Zone Districts D Council Bill 43 - An Ordinance amending the Zoning Code of the Code of Laws of the City of Wheat Ridge, regarding Special Uses Mrs Worth stated that she and Mrs Dalbec had worked on these Council Bills with Mr Gidley; most of the affected properties are in District IV Since this is the first time they have had a chance to study these Council Bills, she moved to postpone this and bring it to the September 15, 1997 Study Session, she would also like the new Planning Director to have a look at them and see what he thinks, this could come back after September 22, 1997, seconded by Mr DiTullio, carried 8-0 WHEAT RIDGE CITY COUNCIL MINUTES August 25, 1997 Page -4- Mrs Dalbec had concerns about Council Bill 40 and asked that this not be postponed. Mrs Worth amended her motion to postpone Council Bills 41, 42, and 43, carried 8-0 Motion by Mrs Dalbec to postpone Council Bill 40 until the first item after the break and allow Mr Dahl to work on a revision regarding an exemption for existing property owners, motion died for lack of second Motion by Mrs Worth to postpone Council Bill 40 to the same Study Session as Council Bills 41, 42, and 43, seconded by Mr Solano, carried 8-0 Item 4. Council Bill 44 - An Ordinance amending the Code of Laws relating to Commercial Mobile Radio Facilities in the City of Wheat Ridge Council Bill 44 was introduced on first reading by Mr DiTullio, title and summary read by the Clerk. Motion by Mr DiTullio that Council Bill 44 be approved on first reading, ordered published, public hearing be set for Monday, September 22, 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 DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Resolution 1619 - referring a ballot question to the voters of the City at the November 4, 1997 General Municipal election, concerning an increase in the sales and use tax rate for purposes of construction and operation of a Recreation Center Resolution 1619 was introduced by Mr Siler; title and summary read by the Clerk. John Jerman spoke on behalf of Wheat Ridge United Neighborhoods, they are concerned about the wording of the ballot title They recommend that the actual full cost of the project be in the ballot title to fully inform the voters Motion by Mr Siler for adoption of Resolution 1619; the total amount to be $12,35000; seconded by Mrs. Worth, carried 7-1 with Mrs Fields voting no Mrs Fields is not against the recreation center, but she feels people need to know the exact cost, which is over 17 million dollars WHEAT RIDGE CITY COUNCIL MINUTES August 25, 1997 Page -5- Item 5. A. DRCOG Representative Issue Mrs Dalbec stated that it has come to her attention that our representative on DRCOG voted to place the NorthWest Parkway on the Regional Transportation Plan RTP, which becomes eligible for fiscal funding and she would like to have an explanation of that from Mr Siler, since we have a Resolution that specifically states that this City is against that. Mr Siler moved to be allowed to speak longer than 5 minutes to respond to that; seconded by Mr Eafanti, failed 5-3 with Councilmembers Worth, DiTullio, and Dalbec voting no (This required a 3/4 vote to pass) Mr Siler referred to his 3-page memo that he had faxed to Council today and explained that the vote taken last Wednesday night at DRCOG was not on the NorthWest Parkway; it was the fiscally constrained 2020 Transportation Plan, which drives future construction projects in the metro area, this is updated every five years and this happens to be the year that its updated The final vote on this document will not take place until mid November or December probably The item in question was not to include the NorthWest Parkway on the ballot, but actually what the vote was was a vote on the air controlling analysis, which must be done as part of the project. After questioning, he reiterated that his vote was only on air quality issues, not on the location of the Parkway He did not change the City's position on the parkway Motion by Mrs Dalbec to replace Mr Siler as the City's representative to DRCOG with Mr DiTullio, seconded by Mrs Worth, carried 5-3 with Councilmembers Siler, Eafanti, and Solano voting no Item 5. B. Resolution 1622 - expressing the priority of and support for Jefferson County Open Space funding for the Recreation Center site acquisition Resolution 1622 was introduced by Mr Siler, who also read the resolution in its entirety Mrs Worth asked for a friendly amendment to add: "Whereas, the City of Wheat Ridge is grateful for the 10-0 vote from the Open Space Committee and we understand and accept those conditions" This was accepted Motion by Mr Siler for the adoption of Resolution 1622, seconded by Mr Solano, carried 8-0 WHEAT RIDGE CITY COUNCIL MINUTES August 25, 1997 Page -6- Item 5. C. Confirmation of EDARC appointment. Motion by Mr DiTullio that Janet Leo's appointment to EDARC as representative from District IV for the remainder of the term commencing November 1996 be confirmed, seconded by Mrs Dalbec, carried 8-0 Item 6. 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 accounts shown on the purchase order report; seconded by Mr Eafanti, carried 8-0 Item 7. ((lrQ![i:i]@@iJ';l]lf ~@~ifi][Q)o.\ A. Approve settlement agreement for Weld County Waste Disposal site B Banners for 38th Avenue (RFB #97-29) C Supplemental funding for Senior Resource Center senior transit services D Acceptance of Local Law Enforcement Block Grant. E. Resolution 1620 - regarding modifications of the Wheat Ridge Town Center Urban Renewal Plan and finding and declaring that such proposed modifications constitute a substantial change to such plan F Approval of findings and order for renewal of Ryty Futures Inc (Pigskins) liquor license Consent Agenda was introduced by Mrs Worth, she also read the titles Mrs Dalbec asked for a separate vote on B and discussion on E Motion by Mrs Worth for approval of Items A. C D F, seconded by Mrs. Shaver; carried 8-0 WHEAT RIDGE CITY COUNCIL MINUTES August 25, 1997 Page -7- B Motion by Mr DiTullio that the Banners, (RFB #97-29) be awarded to Evergreen Flags in the amount of their bid of $12,460 00, with the condition that the fourth season of banners $3,11500, will not be ordered until sufficient contributions amounting to $1,176.53 have been received by the City, and that all costs be charged to Accl. No 34-603-861 I further move that the Lamp Clamps be awarded to Innovative Machining, Inc in the amount of their quote of $10,639 53 and that all costs be charged to Accl. No 34-603-861 I further move that $23,099.53 be transferred from the Tree Donation Fund Balance (Fund 34) to Accl. No 34- 603-861 I further move that the funds be encumbered for the length of the Project which expressly allows the expenditure of funds in 1998 for this Project in accordance with Ordinance #787,1989 Series, seconded by Mrs Fields, carried 7-1 with Mrs. Dalbec voting no Mrs Dalbec feels that this type of expenditure she would rather put to programming or more serious types of needs such as transportation for seniors, children, etc E. Mrs Dalbec was under the impression that more than one property was to be addressed on West 44th Avenue, until a further explanation from EDARC can be made, she moved to postpone this Item, Motion died for lack of second. Motion by Mr Solano for adoption of Resolution 1620, seconded by Mr Siler; carried 7-1 with Mrs Dalbec voting no CITY MANAGER'S MATTERS Motion by Mrs. Dalbec that Mr Middaugh and Mr Dahl work on an Ordinance addressing the City Treasurer's position and duties and that this be brought in to the next Study Session for discussion, seconded by Mrs Worth, carried 6-2 with Mr Eafanti and Mrs Fields voting no Motion by Mr Solano that when the Ordinance is brought in, he be allowed to abstain from voting on it because he is a candidate for Treasurer; seconded by Mr DiTullio, carried 7-1 with Mrs Shaver voting no Mr Middaugh will send an invitation to all the candidates in the upcoming election and invite them for briefing as to what is going on in the City Motion by Mrs Worth that the City Manager be instructed to bring back the question of $27,000 under the Tabor Amendment for us to roll back our property taxes Motion by Mr Siler to bring this back as a ballot question that the City be allowed to keep the money and to allocate it to the Recreation Center; seconded by Mr DiTullio, carried 5-3 with Councilmembers Worth, Dalbec, and Fields voting no WHEAT RIDGE CITY COUNCIL MINUTES August 25, 1997 Page -8- ELECTED OFFICIALS MATTERS Mr Solano reported that he is going to put his house up for sale in District II and if it sells quickly, he will be moving to another District. Motion by Mr DiTullio not to discuss the budget until after the election There could be as many as five new people coming in and it would be better to wait; seconded by Mr Solano, tied 4-4 with Councilmembers DiTullio Worth, Fields and Solano voting yes Mayor Wilde broke the tie by voting no Motion failed 5-4 Mr Siler stated he is relieved to be replaced on DRCOG, this will save him from 12 board meetings a year; one two-day study session a year out of the area, plus about five special meetings, as an elected member of the executive committee, it relieves him from one out-of- town trip for 5 days per year Plus numerous other meetings pertaining to air quality, etc Motion by Mrs Shaver that a Resolution be brought forward to support the extension of 1ST, seconded by Mrs Worth, carried 8-0 Mrs Shaver asked for consensus to have staff check with the Audubon Society regarding their educational program on birds and people, consensus was 8 in favor Motion by Mr DiTullio to adjourn, seconded by Mr Siler; carried 7-1 with Mr Solano voting no Meeting adjourned at 1045 P m k ~PROVED BY CITY COUNCIL ON SEPTEMBER 8, 1997 BY A VOTE OF ~ TO ~ ,\ ~ ! J' (r to', -~ ! It ~ I \ "" \ \ J~l ~ fUt' !~1-) CtalJ.Qla Worth, Councl President