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HomeMy WebLinkAbout09/22/1997 September 22. 1997 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building 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 Planning, Alan White, Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES OF September 8, 1997 Motion by Mr Eafanti for the approval of the Minutes of September 8, 1997, seconded by Mr Solano, carried 8-0 Mr Middaugh introduced Mr Alan White, the new Director of Planning. He has a Masters Degree in Urban and Regional Planning, he has 19 years of experience in both municipal and county planning, for the past 6 1/2 years he was the Planning Director in Parker and previous to that he was in Douglas County as a long range Planner Mayor Wilde recognized members of the Leadership Jefferson County training class. CITIZENS' RIGHT TO SPEAK John Jerman, 11694 West 37th Avenue, reminded everybody of the Candidates Forum on September 30, 1997 at 7'00 pm., sponsored by Wheat Ridge United Neighborhoods. He asked that the City Clerk draw numbers out of a box to establish the order of appearance of the candidates. It was drawn as follows. District I, III, IV, and II Harold Smethills, whose family has owned property at 32nd and Teller since the 1940's, wanted to ask questions of Council (1) will there be an emergency moratorium tonight to deny rights to the public? (Mayor Wilde advised him to speak under Item 4 ) CITY COUNCIL MINUTES September 22, 1997 Page -2- Ken Bringle, President and CEO of West Chamber serving Jefferson County, presented some concerns of his members regarding property rights and density, as well as economic development on the 1-70 corridor Chamber is concerned that citizens are having property value taken away by actions of the City Council (Mayor Wilde advised him also that this was to be discussed under Item 4) Frances Howard also needs to speak under Item 4 Diana Lopez, 3260 Field Street, spoke on behalf of Citizens for Wheat Ridge Recreation Center in 97, provided update on what the group has been working on Linsey Lopez, 3260 Field Street, (12 years old) is very excited about the idea of a new Rec Center along with all her friends, vote yes on the Rec Center LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1. Application for a Special Events Permit from Sts. Peter and Paul Church 3920 Pierce Street, Wheat Ridge, CO on October 10, 1997 Motion by Mr DiTullio to approve the Special Events Permit for Sts Peter and Paul Church, 3920 Pierce Street, Wheat Ridge, Colorado, to dispense malt, vinous and spirituous liquor from 6'00 p m. to 11 00 P m on October 10, 1997 I further move to authorize the Mayor to sign the Special Events Permit; seconded by Mr Siler; carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Public Hearing on Case No MS-97-2 - an application by Diana Whitfield for Toula Daddios for approval of a two-lot subdivision for property zoned R-2 and R-3 Said property is located at 4445 Parfet and 11050 W 45th. (To be continued to October 13, 1997) Motion by Mrs Worth that the public hearing on Case No MS-97-2 be continued to Monday, October 13,1997, seconded by Mr Eafanti, carried 8-0 Item 3. Council Bill 29, an ordinance amending Section 26-25(IV)(B)(1) of the Wheat Ridge Code of Laws, concerning site development requirements for Planned Residential Developments Council Bill 29 was introduced on second reading by Mr Solano title read by the Clerk; Ordinance No 1097 assigned CITY COUNCIL MINUTES September 22, 1997 Page -3- Mr Dahl explained background of this Ordinance and stated that the hearing for tonight had been published in the paper as per Mrs Shaver's request. Harold Smethills recommended that Council further study this Ordinance, it seems to limit both Council and applicants. Tom Slattery stated on behalf of the Comprehensive Plan Review Committee that this Ordinance reflects their recommendations and encouraged Council to reenact this. Nancy Snow asked that Council pass this Ordinance Comprehensive Plan Review Committee and Planning Commission have spent a lot of time on this, now it's Council's turn to enact it. Catherine Dunlap stated that the site development requirements for the PRD are very important to people in Wheat Ridge because they are meant to protect the rights of property owners Many developers will build to maximum density not taking into account the character of the surrounding neighborhoods. This Ordinance is in the best interest for all the people in Wheat Ridge Motion by Mr Solano for approval of Council Bill 29 (Ordinance 1097) as amended by the Planning Commission, seconded by Mr DiTullio, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 4. Consider vote to override Mayoral veto on Ordinances 1087, 1088, 1089, 1090, 1092 and 1 093. Ken Brengle, 1726 Cole Blvd, said that people think they are having value taken away by the actions of City Council, they applaud the Mayor's veto, this Country is built on personal property rights and we always need to consider that in our deliberations. John Jerman, 11694 West 37th Avenue, supports the idea of lower density and the work the Comprehensive Plan Committee has done on this, people want to preserve their quality of life, recommended that Council override the veto and stand behind what the citizens of this community want. Frances Howard 11777 West 18th Avenue, purchased some R-3 property in 1969 in Green Valley Subdivision would like to sell the land; this new rule would reduce her planned seven units to only four Think of the people who bought this as an investment for their golden years CITY COUNCIL MINUTES September 22, 1997 Page -4- Theresa Jenks, 2163 South Field Street, Mrs Howard's sister, purchased her lot at the same time, had no knowledge that there was a moratorium until they listed the property with a broker; doesn't feel it's right to wipe out your retirement with the stroke of a pen, let it remain as it is Phyllis Lindstrom, 1310 Youngfield, also a sister of Mrs Howard and Mrs Jenks, who bought property; her property is being considered for a retirement home, but is currently under the moratorium, let things stay the way they are Harold Lofgren, 4655 Everett Street, thanked the Mayor for his veto and Mr Siler and Mr Solano for supporting a lot of these actions, needs proper notification when things like this are being planned Henry Barriner agrees with Mayor's veto, is concerned about the ladies who have bought property; Council is not the final solution, there are courts Tom Shockley, 11605 West 46th Avenue, Planning Commissioner, stated that this veto is a slap in the face to all the people who have worked so hard on this. Lou Ficco, 11315 West 38th Avenue, asked Council not to override the Mayor's veto Nancy Werkmeister, 2996 Reed Street, spoke against the Mayor's veto and asked that Council override it. Rose Moore, 7521 Terry Court, owns two small houses that sit side by side on large pieces of R-3 ground; street has apartments on both sides, commercial on each end, they wouldn't do anything to detract from the value of that street; Council is taking the right from them to build on that property now or in the future Harold Smethills, asked that Council not override the veto The Ordinances are wrong morally and economically He still can't understand the animosity toward renters. Changes in property rights are a "taking" Wheat Ridge does not have a density problem, it has a renewal problem. Boyd Adsit, 3245 Moore Street, feels that Council ignored the majority of people that spoke on September 8 and went ahead and passed the Ordinances. Specific notification to property owners should have been provided Do not override the veto CITY COUNCIL MINUTES September 22, 1997 Page -5- Diane Simmons, 7160 West 29th Place, urged Council to override the Mayor's veto, these ordinances protect the City from becoming just another uncontrolled urban sprawl with its attendant crime, noise, pollution, school crowding and the other problems that go hand in hand with uncontrolled growth Don't just think about people who own multi-family parcels, think of single family residence owners, their property values usually go down when apartments are constructed in their neighborhood Lisa Rosson, 9490 West 38th Avenue, cited ten of Mayor Wilde's campaign contributors, eight of which were not in the City of Wheat Ridge, and urged Council not to follow in these footsteps, but to listen to the citizens of Wheat Ridge She urged Council to stick to their decision. Nancy Snow, 11155 West 40th Avenue, asked that Council override the Mayor's veto Catherine Dunlap, 7160 West 30th Avenue, asked that we think of Wheat Ridge's future, Mayor's veto is not in the best interest of the City of Wheat Ridge and the majority of its citizens Margaret Parry, 3060 Teller Street, owns duplexes and fourplex, supports Ordinances Susan Seeds asked that Council override the Mayor's veto, he has misunderstood the intention and purpose of these ordinances Phil Plummer asked Council to override the Mayor's veto, the last thing we need is to increase the density in this City Motion by Mr DiTullio that the original City Council action to approve Ordinance 1089 be reaffirmed and therefore override the Mayor's veto of that Ordinance, seconded by Mrs. Worth, carried 7-1 with Mr Siler voting no Motion by Mr DiTullio that the original City Council action to approve Ordinance 1090 be reaffirmed and therefore override the Mayor's veto of that Ordinance, seconded by Mrs Fields, carried 7-1 with Mr Siler voting no Motion by Mr DiTullio that the original City Council action to approve Ordinance 1091 be reaffirmed and therefore override the Mayor's veto of that Ordinance, seconded by Mrs Fields, carried 7-1 with Mr Siler voting no Motion by Mr DiTullio that the original City Council action to approve Ordinance 1092 be reaffirmed and therefore override the Mayor's veto of that Ordinance, seconded by Mrs. Fields, carried 7-1 with Mr Siler voting no CITY COUNCIL MINUTES September 22, 1997 Page -6- Item 5. Bid Award for West 32nd Avenue Trail Project (RFB #97-30) Motion by Mrs Shaver that the West 32nd Avenue Trail Project (RFB #97-30) be awarded to Wycon Construction Company in the amount of their bid of $340,778 00 I further move that a 2% incentive bonus in the amount of $6,816 00 be established That a contingency account in the amount of $34,078 00 be established. I further move to accept the monies as reimbursement for this project from Crown Hill Cemetery and Jefferson County Open Space and adjust the budget accordingly I further move that the Director of Public Works be authorized to issue change orders up to the total contract and contingency amount and that the total cost of this project of $381,67200 be charged to the Capital Improvement Fund Acct. No 30-302-843, 32nd Avenue Bike Trail 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 I further move that $10,00000 be added to the Project for landscaping and trees, seconded by Mr Eafanti, carried 8-0 Motion by Mrs Worth to suspend the Rules and to add reconsideration of last week's motion to postpone the reconstruction of the City Manager's Office, seconded by Mr Siler; carried 6- 2 with Councilmembers DiTullio and Solano voting no Item 9. City Manager's Office remodel Motion by Mrs Worth that the Miscellaneous Remodel Project be awarded to RMA Group in the amount of their quote of $9,238 00 and that all costs be charged to the following accounts. Building Fund Acct. No 60-201-802 for $500 00, Capital Improvement Fund Acct. No 30-610-811 for $8,738 00 I further move that the funds be encumbered for the length of the Project which expressly allows the expenditure of funds in 1998 for the Project in accordance with Ordinance #787, 1989 Series, seconded by Mr Siler; carried 8-0 Item 6. Bid Award for City of Wheat Ridge Municipal Building front entry reconstruction project. (Phase 1) Motion by Mr Siler to reject the bid of RMA Group of $99,89600 for Capital Improvements to City Hall and to go out for competitive bids for Phase \, seconded by Mrs. Worth, carried 7-1 with Mr Solano voting no CITY COUNCIL MINUTES September 22, 1997 Page -7- 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 DiTullio, carried 8-0 Item 8. rg@~~1iW t'Y~~~[QJ~ A. Resolution 1624 designating the Baugh House as a Local Historical Site B Bid Award for Fuel Monitoring System (RFB #97-31) C Bid Award for Computers for 1997 D Resolution 1625 authorizing an Intergovernmental Agreement with the City of Lakewood for street reconstruction project on W 29th Place and Vivian Street to Mountain Shadows Drive E Motion for Partial Dismissal and Request for Extension of Time and the Memorandum Brief regarding Saulsbury Properties v City of Wheat Ridge Motion by Mrs Worth for approval of the Consent Agenda, seconded by Mr Eafanti, carried 8-0 CITY MANAGER'S MATTERS Mr Middaugh passed out Cable TV survey results and reminded everybody of the public meeting on September 29 regarding TCI Motion by Mr Solano that the City accept the funds from Stevens Elementary School, deposit them and then pay Wycon expediously; seconded by Mrs Dalbec, carried 8-0 CITY ATTORNEY'S MATTERS Motion by Mr DiTullio to reconsider Council Bill 29 in order to change the effective date, seconded by Mrs. Shaver; carried 7-1 with Mrs. Dalbec voting no CITY COUNCIL MINUTES September 22, 1997 Page -8- Motion by Mr DiTullio to change the effective date to September 29, 1997, seconded by Mrs Worth, carried 8-0 ELECTED OFFICIALS MATTERS Mrs Shaver assured citizens that Council does listen to people, somebody had made a reference earlier in the evening that Council did not listen to public input. Mrs Worth asked Councils permission to have Mr Dahl draw up a contract or some kind of an agreement that if at some time in the future Council have it in their power to destroy the Baugh House the $25,000 donation given to the Historical Society for the preservation of the Baugh House would be returned to the Historical Society and any additional monies, maybe $50,000 Consensus was 7 in favor Mrs Dalbec asked that community meetings be held to discuss the Comprehensive Plan Motion by Mr DiTullio to adjourn, seconded by Mr Siler; carried 8-0 Meeting adjourned at 10 15 p.m. APPROVED BY CITY COUNCIL ON OCTOBER 13, 1997 BY A VOTE OF ~ TO ~ ( "