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HomeMy WebLinkAbout11/24/1997WHEq~ CITY COUNCIL WWWS O CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Budding NOVEMBER 24, 1997 CSC R QQ The Regular City Council was called to order by Mayor Cerveny at 7:00 p.m. Councilmembers present: Teri Dalbec, Jerry DiTullio, Lloyd Donnelly, Don Eafanti, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth. Also present: City Clerk, Wanda Sang; City Treasurer, Ron Patera; City Manager, Robert Middaugh; City Attorney, Gerald Dahl; Director of Parks & Recreation, Gary Wardle; Director of Planning, Alan White; Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel; staff; and interested citizens. APPROVAL OF MINUTES OF November 10, 1997 Motion by Mr. Eafanti for the approval of the Minutes of November 10, 1997; seconded by Mr. Siler. Mrs. Worth asked that under her comments the following be added: "Mrs. Worth reminded Council Representatives to Metro or County Committees that they represent the City and not the committee they are appointed to. Mr. DiTullio asked for a correction on Page 5, that the lighting on the South side of 32nd Avenue will be working, not the North side. Motion carried 8-0. CITIZENS' RIGHT TO SPEAK Susan Seeds, 6147 West 35th Avenue, member of the Comprehensive Plan Review Committee, spoke as a citizen, someone who believes in open communication and sharing of ideas. She asked that Council open discussion now on the draft future land use map. Motion by Mr. DiTullio to keep the public informed and have the CPRC be allowed to display their map and other information in the City Hall lobby; seconded by Mrs. Worth; tied 4-4 with Councilmembers Shaver, DiTullio, Worth and Dalbec voting yes. Mayor Cerveny broke the tie by voting no. Motion failed 5-4. s • CITY COUNCIL MINUTES: November 24,1997 Page -2- Odarka Figlus, 9775 West 36th Avenue, member of Parks and Recreation Commission, gave update on progress of Recreation Center. John Kellow, President of Bayou Ditch Association, distributed copies of a fax he received this morning. He will set an appointment with Mr. Middaugh to discuss this. Motion by Mr. Eafanti to change the title of Agenda Item 6 to "appointments to Boards and Commissions"; seconded by Mrs. Worth; carried 8-0. Motion by Mrs. Dalbec to have an Agenda Item 8. A. Resolution recognizing Mr. Jim Malone; seconded by Mrs. Shaver; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 47 - An Ordinance providing for the approval of rezoning from Agricultural-One to Residential-One A on land located at 4313 Jellison Street, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-97-9) (Josephine Johnston) Council Bill 47 and Case No. MS-97-3 were introduced on second reading by Mr. DiTullio; title and summaries read by the Clerk; Ordinance No. 1101 assigned. Applicant, Josephine Johnston, asked for approval of her applications. Sean McCartney was sworn in by the Mayor and presented the staff report. Motion by Mr. DiTullio that Case No. WZ-97-9, an application for approval of a rezoning from Agricultural-One to Residential-One A, located at 4313 Jellison Street, be approved for the following reasons: 1. The proposal is compatible with the Wheat Ridge Comprehensive Plan and is compatible with the existing character of the neighborhood. 2. The rezoning criteria support this request. 3. There has been no overriding protest registered by surrounding property owners. 4. Staff recommends approval; seconded by Mr. Siler; carried 8-0. Motion by Mr. DiTullio that Case No. MS-97-3, a request for a 2-lot minor subdivision filed under the name of Josephine Johnston Minor Subdivision, located at 4313 Jellison Street, be approved for the following reasons: 1. The plat is consistent with the minimum requirements established in the Residential-One A zone districts. 2. All requirements of the Subdivision Regulations have been met. 3. Lot 2 may not be subdivided in the future. 4. Staff recommends approval; seconded by Mrs. Dalbec. i i CITY COUNCIL MINUTES: November 24,1997 Page -3- Motion by Mrs. Worth for an amendment that the right-of-way be as Planning Commission recommended, 17' right-of-way to be consistent with the rest of the road; seconded by Mrs. Dalbec; carried 8-0. Motion by Mrs. Shaver that Lot 1 may not be subdivided in the future; seconded by Mrs. Worth; carried 8-0. Original Motion as amended carried 8-0. ORDINANCES ON FIRST READING Item 2. Council Bill 49 - An Ordinance amending Chapter 26 of the Code of Laws of the City of Wheat Ridge and providing a process for designating and protecting Historic Landmarks and Trees within the City. Council Bill 49 was introduced on first reading by Mrs. Worth; title read by the Clerk. Mr. Middaugh suggested that references to "trees" be excluded from this Ordinance and perhaps a separate Ordinance for trees be drafted. Motion by Mrs. Worth that Council Bill 49 be approved on first reading, ordered published, public hearing be set for Monday, December 8, 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; I further move that the reference to "trees" be eliminated from the Ordinance when it is published; seconded by Mr. DiTullio; carried 8-0. Motion by Mrs. Worth to request the Arborist Board to address the historic tree ordinance and the tree preservation ordinance and to bring it to Council by March; seconded by Mrs. Dalbec; carried 8-0. Item 3. Council Bill 50 - An Ordinance amending Section 5-124 of the Code of Laws of the City of Wheat Ridge to provide additional grounds for suspension or revocation of contractor licenses. Council Bill 50 was introduced by Mr. Siler; title and summary read by the Clerk. Motion by Mr. Siler that Council Bill 50 be approved on first reading, ordered published, public hearing be set for Monday, December 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 Mrs. Dalbec; carried 8-0. CITY COUNCIL MINUTES: November 24,1997 Page -4- DECISIONS RESOLUTIONS AND MOTIONS Item 4. Resolution 1626 - modifying the Wheat Ridge Town Center Urban Renewal Plan to include additional properties within the Urban Renewal Area and other modifications; and finding that blighted areas exist within the area. Resolution 1626 was introduced by Mr. Siler; title and summary read by the Clerk. Mr. Middaugh and Ann Pitinga from EDARC presented the staff report. Motion_by Mr. Siler for approval of Resolution 1626; seconded by Mr. Eafanti; carried 6-2 with Mrs. Shaver and Mrs. Dalbec voting no. Mrs. Shaver thinks there are many properties throughout the metro area that need revitalization, but she doesn't think this property rises to the level of requiring of Urban Renewal; there are little things here and there that aren't quite right and could stand some spiffing up; it is a one-owner piece of property, it's bulldozed, it's ready to be built on, there is no big stumbling block in the way; that property is going to rebuild whether we do this or not This is an abuse of Urban Renewal, most of this money is going to be spent over at Time Square. Mrs. Dalbec agrees with Mrs. Shaver; she really finds it a stretch to say this area is blighted and that we need to remove property tax base from Jefferson County for 25 years that will affect our schools and many other programs. Item 5. Bid Awards for Skate Park Project. Resolution 1634 - requesting payment of a joint venture grant from Jefferson County Open Space for the construction of a Skate Park in the amount of $50,000 and authorizing the Mayor and City Clerk to sign the request for payment and certification of use of funds. Item 5 was introduced by Mr. DiTullio; summary read by the Clerk. Motion by Mr. DiTullio that the Concrete Pad for the Skate Park Equipment (RF13 #97-36), be awarded to Fasick Concrete, Inc. in the amount of their bid of $21,900. 1 further move that the Design, Construction & Installation of the equipment for a Skate Park (RFP #97-010), be awarded to Skate Parks International in the amount of their proposal of $62,881. 1 further move that a contingency in the amount of $15,219 be established. I further move that $100,000 be transferred from the Conservation Trust Fund's Fund Balance to Acct. No. 54-601-862. 1 further move that the Director of Parks & Recreation be authorized to issue change orders up to the total contract and contingency amount and that the total cost of this project on $100,000 be charged to the Conservation Trust Fund Acct. No. 54-601-862. • 0 CITY COUNCIL MINUTES: November 24,1997 Page -5- I further move that Resolution 1634 be approved. 1 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 Mr. Siler; carried 8-0. Motion by Mrs. Dalbec that the Skate Park is to be located north of the basketball courts; seconded by Mr. Siler; carried 7-1 with Mr. Mancinelli voting no. Item 6. Board and Commission appointments. Motion by Mr. Siler to appoint Dean Gokey to the Planning Commission to represent District 11; seconded by Mr. Eafanti; carried 8-0. Motion by Mrs. Dalbec to appoint Kim Stewart to the Personnel Commission from District IV; seconded by Mrs. Worth; carried 8-0. Motion by Mrs. Dalbec to appoint John Kellow to the Arborist Board; seconded by Mrs. Worth; carried 8-0. Item 7. Consider outside agency appointments. Motion by Mr. Mancinelli to appoint Ken Siler to DRCOG; seconded by Mr. Eafanti. Motion by Mrs. Worth to postpone this Item until December 8 and make other appointments to outside agencies; seconded by Mrs. Dalbec; carried 6-2 with Mr. Siler and Mr. Eafanti voting no. Item 8. 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 8.A. Resolution 1637 - recognizing Mr. Jim Malone. Resolution 1637 was introduced by Mrs. Dalbec, who read the Resolution into the record. Motion by Mrs. Dalbec to approve Resolution 1637; seconded by Mrs. Worth; carried 8-0. • CITY COUNCIL MINUTES: November 24,1997 Page -6- Item 9. CONSENT AGENDA: A. Supplemental appropriation for 1997 legal fees. B. Resolution 1635 - approving and authorizing the Mayor and City Clerk to sign the reimbursement agreement from Jefferson County for reimbursement of cost to acquire the Recreation Center property located at 3975 Kipling, 4075 Kipling, and 10150 West 40th Avenue. C. Repaint and clean dump truck (RFB #97-37). D. Resolution 1636 - approving proposed third amendment to Intergovernmental Agreement with participating entities to the Emergency Telephone Service Authority concerning implementation of an E-911 Emergency Telephone Service. E. Approval of assignment of ESTIP Agreement for the Applewood Village Shopping Center. Mrs. Worth asked Item 9. A. be pulled. Motion by Mrs. Worth for approval of Items 9. B. C. D. and E.; seconded by Mr. DiTullio; carried 8-0. Motion by Mrs. Worth for approval of Item 9. A.; seconded by Mr. Mancinelli; carried 8-0. CITY MANAGER'S MATTERS Mr. Middaugh send around a "congratulations Wheat Ridge" card from Jefferson County Open Space, regarding the Rec Center. ELECTED OFFICIALS MATTERS City Clerk, Wanda Sang, pointed out that one of her Election Commissioners was appointed to another commission. She asked for Council consensus to write up an Ordinance that would exclude the Election Commissioners from not being able to serve on more than one Board or Commission. Motion by Mrs. Worth that the City Attorney write up an ordinance to that effect sometime in January; seconded by Mr. DiTullio; carried 8-0. • • CITY COUNCIL MINUTES: November 24,1997 Page -7- Janelle Shaver gave report on quarterly conference of Corrections Board that she had attended. She would like to have a presentation at one of the Study Sessions on exactly what is Community Corrections. Ken Siler asked for consensus that the City Attorney be allowed to draft an ordinance to correct the density ordinances to grandfather in existing structures in the R-1, R-2, and Commercial Districts. Mrs. Dalbec asked Mr. Siler if this could be addressed at a study session first and then be written next year so that we won't run up the legal fees. Mr. Siler agreed with this and asked that this be put on a study session at the earliest convenience. Jerry DiTullio asked that people be careful because he has seen coyotes running around. He expressed concern about the four different zip codes in the City. He moved that the City Manager draft a Resolution and a cover letter to the US Post Office and associated people requesting the City of Wheat Ridge fall under one US postal zip and further moved to place this Resolution on the 12/8/97 Agenda; seconded by Mrs. Shaver; carried 8-0. He moved that Lloyd Donnelly be our representative on the Comprehensive Plan Committee; seconded by Mr. Siler; carried 8-0. Don Eafanti asked that everybody look at our Council Rules and that we discuss it at the retreat. He also asked that we have an updated resource directory with all City employees listed. He also moved that pictures of elected officials be displayed in the lobby; seconded by Mrs. Worth; carried 5-3 with Councilmembers Shaver, Dalbec, and DiTullio voting no. Claudia Worth stated that the Art League wrote a letter stating they didn't need any money this year. She invited them to join them on the Planning Board for the Clear Creek Festival of the Arts. She questioned why the Mayor's husband had attended the last Planning Commission meeting and voted on an issue that might come up before Council to be voted on. He has already resigned and shouldn't be voting on anything. Ralph Mancinelli moved that the City Attorney draft an ordinance to create a Liquor Authority and this Authority be made up of appointed members rather than City Council; seconded by Mr. Siler; carried 5-3 with Councilmembers Shaver, Worth, and Dalbec voting no. Mrs. Dalbec does not support this because she feels the people making some of these tough decisions need to be politically accountable. She feels it would be a better solution to have some liquor code training for Council. Mrs. Worth thinks it would shirking your duty as a City Councilperson not to take on these tough issues. Mrs. Shaver would like to see Council get more education on the liquor laws. Elected Officials should be accountable. • CITY COUNCIL MINUTES: November 24,1997 Page -8- Motion by Mr. Mancinelli that the City Attorney draft an Ordinance prohibiting the use of our medians for vendors and restrict the sales of newspapers to intersections where pedestrian walks are provided; seconded by Mr. Siler; tied 4-4 with Councilmembers Donnelly, Siler, Eafanti, and Mancinelli voting yes. Mayor Cerveny broke the tie by voting yes. Motion carried 5-4. Motion by Mr. DiTullio to adjourn; seconded by Mr. Eafanti. Meeting adjourned at 10:45 p.m. Y4 Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON DECEMBER 8, 1997 BY A VOTE OF 8 TO 0 n tlS (i" ' G - Don Eafanti, Col-President