HomeMy WebLinkAbout03/23/1998
March 23. 1998
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W 29th Avenue, Municipal Building
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; staff; and
interested citizens
APPROVAL OF MINUTES of February 23, 1998
Motion by Mr Eafanti for the approval of the Minutes of February 23,
1998; seconded by Mr Mancinelli, carrled 8-0
CITIZENS' RIGHTS TO SPEAK
Robert Walker, 4505 Balsam Street, distributed a sketch showing his
idea for a traffic circle layout for 29th & Pierce
Kathy Roberts, 5755 West 37th Avenue, member of "Save the Mesas" spoke
against Nike's development on South Table Mountain Asked that
Council join in their opposition to this development and to acquire
South Table Mountain for Open Space
Mrs Worth asked for consensus to have staff draft a Resolution in
support of the purchase of South Table Mountain now and North Table
Mountain in the future for Open Space; consensus was 8 in favor
Mr Siler asked for consensus to discuss this at a Study Session on
April 6, 1998; consensus was 7 in favor
Doug Ohmans, 1027 9th Street, Golden, distributed leaflets and bumper
stickers to Councll regarding "Save the Mesas" and gave background on
their work
CITY COUNCIL MINUT
March 23, 1998
Page -2-
Michael Fisher, 4350 pierson Street, addressed a noise problem In hIS
neighborhood, that has been going on for years, questioned if there
was a nuisance ordinance that could help their neighborhood
Dick Matthews, 10405 West 34th Place, complained about a letter he
received from the City that still had the old post office box return
address on it that is no longer used by the City
Tom Slattery, 6869 West 32nd Avenue, representing Wheat Ridge United
Neighborhoods, read a letter into the record regarding street tree
preservation and protection and encouraging under grounding of all
utility lines whenever street reconstruction is undertaken
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item l.
Resolution 1660 - adopting by reference, the Jefferson
County North Plains Community Plan, Fairmount subarea and
enclave section as the Three-Mile Unincorporated Area Plan
surrounding the City of Wheat Ridge
Resolution 1660 was introduced by Mrs Dalbec, title read by the
Clerk
Alan White presented the staff report
Motion by Mrs Dalbec to adopt Resolution 1660 adopting the North
Plains Community Plan, Fairmount Subarea, and the Enclave Section as
the Three-Mile Unincorporated Area Plan surrounding the City of Wheat
Ridge, seconded by Mr DiTullio, carried 8-0
Item 2.
Consider annexation of properties at 11721 West 52nd Avenue
and 5220 Swadley Street
Item 2 was introduced by Mrs Dalbec, title and summary read by the
Clerk
Alan White was sworn In by the Mayor and presented the staff report
Bunny Gordon, 5190 Tabor Street, was sworn in by the Mayor; stated
that the neighbors support the annexation, but asked that emergency
access be directed to the planned Ridge Road entrance
Richard O'Day, 5420 Tabor Street, was sworn in by the Mayor; he
represents the Rainbow Ridge Homeowners Association, spoke in favor of
the annexation, but asked that certain permitted uses be excluded
CITY COUNCIL MINU~
March 23, 1998
Page -3-
Irene Baker, 5220 Swadley Street, was sworn In by the Mayor, she is
the owner of one the properties to be annexed; asked that 52nd not be
allowed to go through
Ron Beyer, 11721 West 52nd Avenue, was sworn in by the Mayor, he is
one of the owners of the properties to be annexed; opposes the fire
connection and feels they should continue along Tabor to Ridge Road
He would like to see the A-2 zoning stay in place and to continue to
allow public riding
A Findings of fact regarding annexation
1 Resolution 1654 - making findings of fact regarding
the annexation of parcel property known as the Beyer
property, parcell
Motion by Mrs Dalbec that Resolution 1654, a Resolution making
certain findings of fact regarding the proposed annexation of a parcel
of land known as the Beyer Property, Parcel l, be adopted, seconded by
Mr DiTullio; carried 8-0
2 Resolution 1655 - making findings of fact regarding
the annexation of a parcel of property known as the
Beyer property, parcel 2
Motion by Mrs Dalbec that Resolution 1655, a Resolution making
certain findings of fact regarding the proposed annexation of a parcel
of land known as the Beyer Property Parcel 2, be adopted; seconded by
Mr Eafanti; carried 8-0
3 Resolution 1656 - making findings of fact regarding
the annexation of the parcel of property known as the
Baker property
Motion by Mrs Dalbec that Resolution 1656, a Resolution making
certain findings of fact regarding the proposed annexation of a parcel
of land known as the Baker Property, be adopted; seconded by Mrs
Worth; carried 8-0
B Annexations
1 Council Bill 1 - An ordinance annexing to the City
of wheat Ridge unincorporated territory known as Lhe
Beyer Property, Parcel, 1, located at 11721 West 52nd
Avenue, in Jefferson County
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March 23, 1998
Page -4-
Motion by Mrs Dalbec that Council Bill 1 (Ordinance ll08), annexing
to the City of Wheat Ridge unincorporated territory known as the Beyer
Property, Parcell, located at 11721 West 52nd Avenue, County of
Jefferson, be approved and ordered published on 2nd reading and take
effect 15 days after final publication, for the following reasons
1 The annexations meet the State criteria for annexation
eligibility 2 They are logical extension of the City's boundaries
3 The annexations will allow the City to gain control of the
development and usage of West 52nd Avenue 4 The annexations reduce
the area of enclaves, which help clarify jurisdictional service areas
With the following condition 1 Provisions be made in the annexation
agreement that prohibit the extension of West 52nd Avenue east of
Simms to the new Wheat Ridge boundary; seconded by Mr Eafanti;
carried 8-0
2 Council Bill 3 - An ordinance annexing to the City
of Wheat Ridge unincorporated territory known as the
Beyer Property, Parcel 2, located at l172l West 52nd
Avenue, in Jefferson County
Motion by Mrs Dalbec that Council Bill 3 (Ordinance 1109), annexing
to the City of Wheat Ridge unincorporated territory known as the Beyer
Property, Parcel 2, located at 11721 West 52nd Avenue, County of
Jefferson, be approved and ordered published on 2nd reading and take
effect 15 days after final publication, for the following reasons
1 The annexations meet the State criteria for annexation eligibility
2 They are logical extension of the City's boundaries 3 The
annexations will allow the City to gain control of the development and
usage of West 52nd Avenue 4 The annexations reduce the area of
enclaves, which help clarify jurisdictional service areas; seconded by
Mr Eafanti; carried 8-0
Motion by Mrs Dalbec that the Mayor be authorized to sign the
Annexation Agreement between the City of Wheat Ridge and Ron and
Michelle Beyer; seconded by Mr DiTullio; carried 8-0
3 Council Bill 5 - An ordinance annexing to the City
of Wheat Ridge unincorporated territory known as the
Baker Property located at 5220 Swadley in Jefferson
County
CITY COUNCIL MINUT
March 23, 1998
Page -5-
Motion by Mrs Dalbec that Council Bill 5 (Ordinance 1110), annexing
to the City of Wheat Ridge unincorporated territory known as the Baker
Property, located at 5220 Swadley, County of Jefferson, be approved
and ordered published on 2nd reading and take effect 15 days after
final publication, for the following reasons
1 The annexations meet the State criteria for annexation eligibility
2 They are logical extension of the City's boundaries 3 The
annexations will allow the City to gain control of the development and
usage of West 52nd Avenue 4 The annexations reduce the area of
enclaves, which help clarify jurisdictional service areas; seconded by
Mrs Worth, carried 8-0
Motion by Mrs Dalbec that the Mayor be authorized to slgn the
Annexation Agreement between the City of Wheat Ridge and Irene Baker;
seconded by Mr Eafanti; carried 8-0
C Zoning
1 Council Bill 2 - An ordinance zoning certain
property (ll721 West 52nd Avenue - Parcell) within the
City of Wheat Ridge, Colorado, Agricultural-Two
pursuant to Section 26-6 ~ of the Wheat Ridge Code of
Laws and amending the zoning ordinance and map to
conform therewith
Motion by Mrs Dalbec that Council Bill 2 (Ordinance 1111) be approved
on second reading and ordered published and take effect 15 days after
final publication for the following reasons 1 The proposed zoning lS
consistent with the City's rezoning criteria 2 It would allow the
historical use of the properties to remain 3 There would be no
impacts as a result of the zoning 4 The zoning is consistent with
the City's Three-Mile Plan With the following conditions 1 Delete
dog kennels, catteries, vet hospitals and the keeping of swine from
the list of allowed uses 2 Delete uses under Section 26-19
(C) (8) (public and private communications towers) 3 Delete uses under
Section 26-19 (C) (9) (water towers and above ground reserVOlrs;
seconded by Mrs Worth, carried 8-0
2 Council Bill 4 - An ordinance zoning certain
property (11721 West 52nd Avenue - Parcel 2) within the
City of Wheat Ridge, Colorado, Agricultural-Two
pursuant to Section 26-6 ~ of the Wheat Ridge Code of
Laws and amending the zoning ordinance and map to
conform therewith
CITY COUNCIL MINUT
March 23, 1998
Page -6-
Motion by Mrs Dalbec that Council Bill 4 (Ordinance 1112) be approved
on second reading and ordered published and take effect 15 days after
final publication for the following reasons 1 The proposed zoning is
consistent with the City's rezoning criteria 2 It would allow the
historical use of the properties to remain 3 There would be no
impacts as a result of the zoning 4 The zoning is consistent with
the City's Three-Mile Plan With the following conditions 1 Delete
dog kennels, catteries, vet hospitals and the keeping of swine from
the list of allowed uses 2 Delete uses under Section 26-19
(C) (8) (public and private communications towers) 3 Delete uses under
Section 26-19 (C) (9) (water towers and above ground reservoirs;
seconded by Mr DiTullio; carried 8-0
3 Council Bill 6 - An ordinance zoning certain
property (5220 Swadley) within the City of Wheat Ridge,
Colorado, Agricultural-Two pursuant to Section 26-6 @
of the Wheat Ridge Code of Laws and amending the zonlng
ordinance and map to conform therewith
Motion by Mrs Dalbec that Council Bill 6 (Ordinance 1113) be approved
on second reading and ordered published and take effect 15 days after
final publication for the following reasons 1 The proposed zoning
is consistent with the City's rezoning criteria 2 It would allow the
historical use of the properties to remain 3 There would be no
impacts as a result of the zoning 4 The zoning is consistent with
the City's Three-Mile Plan With the following condition 1 Delete
dog kennels, catteries, vet hospitals and the keeping of swine from
the list of allowed uses 2 Delete uses under Section 26-19
(C) (8) (public and private communications towers) 3 Delete uses under
Section 26-19 (C) (9) (water towers and above ground reservoirs;
seconded by Mr Mancinelli; carried 8-0
Item 3.
Council Bill 7 - An ordinance concerning solicitation on or
near a street or highway
Council Bill 7 was introduced on second reading by Mr Mancinelli;
title and summary read by the Clerk, Ordinance No 1114 assigned
The following speakers were sworn in by the Mayor and spoke against
passage of this Ordinance
Dwight Gustafson, 1620 Grant Street
Ryland Glass, 19251 East Rice Drive
James Learkamp, 1620 Grant Street
CITY COUNCIL MINU~
March 23, 1998
Page -7-
Larry Ezzel, 1115 Logan Street
Richard Freehling, 11634 East Cedar Avenue, Aurora
Jesse Powell, 19014 East Chenango Circle
Bill White, 6855 West 32nd Place
Tom Slattery, 6869 West 32nd Avenue (Read letter from WRUN)
Their comments included that homeless people, who have started hawking
papers, have found apartments, work 7 days a week, have a hope for a
better life; if this ordinance passes, people will lose their incomes;
know of no hawker who has been injured on the job, such as being hit
by a car, not all hawkers are homeless, there are people on fixed
incomes
Lesa Meeks, 4583 Allison Street, was sworn in by the Mayor; she and
her family witnessed an altercation between two men on the median at
44th & Wadsworth, one of the men, who acted inebriated, stepped into
the street almost in front of a car; she fears for her and her
family's safety every weekend in case one of the people who are so
aggressive in their sales, will step in front of their car She asked
that this practice be disallowed
Motion by Mr DiTullio to continue Council Bill 7 for future action so
that we can survey citizens during the Comp Plan meetings to see how
they feel about hawkers, seconded by Mrs Worth; tied 4-4 with
Councilmembers Shaver, Worth, DiTullio, and Dalbec voting yes Mayor
Cerveny broke the tie by voting yes Motion carried 5-4
Motion by Mrs Dalbec to move Agenda Item 8 and 9 after Item 5
because there are people here signed up to speak; seconded by Mrs
Worth carried 8-0
ORDINANCES ON FIRST READING
Item 4.
Council Bill 10 - An Ordinance pertaining to alcoholic
beverages and the establishment of a liquor licensing
authority
Council Bill 10 was introduced on first reading by Mr Mancinelli;
title and summary read by the Clerk
Motion by Mr Mancinelli that Council Bill 10 be approved on first
reading, ordered published, public hearing be set for Monday, April
13, 1998 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 Siler
CITY COUNCIL MINUT"
March 23, 1998
Page -8-
Mr Mancinelli moved for an amendment that where it reads "The City
Clerk shall serve as the official secretary "be added "or
designee" seconded by Mr Siler, carried 7-1 with Mrs Worth votlng
no
Motion by Mr Donnelly for an amendment to add that no person may be
appointed to serve as a member of the Licensing Authority unless such
person has completed, prior to 90 days following such appointment, a
course or class of training in the laws and regulations governing
alcohol beverage sales, seconded by Mr DiTullio; carried 7-1 with
Mrs Worth voting no
Mrs Worth is against this Ordinance; the Council which now serves as
the Liquor Authority, is directly accountable to the citizens through
the electoral process, this is one of the most important functions of
the Council; liquor establishments can have a negative effect on
neighborhoods, the police department, public works, and on economic
development in this City This is something we were elected to do; If
we don't want to do it, we shouldn't have run for Council
Mrs Shaver suggested that new Councilmembers do this job for a while
before they make a decision like this; we have a hard time filling
positions on Boards right now; what if the Authority doesn't have a
quorum
Motion by Mrs Dalbec for an amendment that the Licensing Authority
consist of eight (8) qualified electors of the City who will be
appointed by City Council; seconded by Mr DiTullio; carried 7-1 with
Mr Donnelly voting no
Motion by Mrs Worth for an amendment that no person shall serve or
continue to serve as a member of the Licensing Authority who has or
obtains any financial interest, including employment, in the operation
of any business which is issued a license, seconded by Mr Siler;
carried 8-0
Motion by Mrs Worth for an amendment that no person shall serve or
continue to serve as a member of the Licensing Authority who has been
convicted of a DUI or any other liquor related offense within the last
10 years, seconded by Mrs Shaver; carried 8-0
Motion by Mrs Worth for an amendment that any person that makes
application to the Liquor Authority have a background check through
the Wheat Ridge Police Department; seconded by Mr DiTullio; carried
8-0
CITY COUNCIL MINUT' March 23, 1998
Page -9-
Vote on original motion as amended carried 5-3 with Councilmembers
Shaver, Worth, and Dalbec voting no
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 5.
Resolution 1657 - concernIng the annexation of property
known as the 44th Industrial Park
Resolution 1657 was introduced by Mrs Dalbec; title and summary read
by the Clerk
Motion by Mrs Dalbec to adopt Resolution 1657 and set a hearing date
of May 11, 1998, for the 44th Industrial Park Annexation; seconded by
Mr DiTullio; carried 8-0
Item 8.
Consider selection and approval of constructlon
manager/general contractor (CM/GC) for the Wheat Ridge
Recreation Center
Item 8 was introduced by Mr Donnelly; summary read by the Clerk
Mr Middaugh explained the selection process
Motion by Mr Donnelly that the contract for the preconstruct ion
services and construction services for the Wheat Ridge Recreation
Center be awarded to Adolfson & Peterson Construction the amount of
their bid of $611,900 I further move that $15,000 be authorized for
preconstruction services; I further move that the City Manager and the
City Attorney be authorized to complete the agreement with Adolfson &
Peterson Inc I further move that the Director of Parks & Recreation
be authorized to issue change orders up to the total contract amount
and that the total project cost of $611,900 be charged to the
Recreation Center Fund, Account 6l-602-801 I further move that the
funds be encumbered for the length of the project, which expressly
allows the expenditure of funds in 1998, 1999, and 2000 for this
project in accordance with Ordinance No 787, 1989 Series, seconded by
Mr Mancinelli, carried 8-0
Item 9.
Request for flashing yellow beacons and a school speed zone
on 44th Avenue from Yarrow to Balsam
Item 9 was introduced by Mrs Dalbec She also presented petition
from the PTA, Community of Wilmore Davis Elementary, requesting the
installation of flashing yellow lights
CITY COUNCIL MINU~ ~ March 23, 1998
Page -10-
Janette Dunmire, 7920 West 44th Avenue, was sworn in by the Mayor
She has been a crossing guard at 44th & Ammons since the beginning of
the year up until two weeks ago, has seen people running the red light
and speeding every day
Patty Davis, 4301 Hoyt Court, was sworn in by the Mayor, she has been
a crossing guard there for four or five years; traffic in the last few
years has increased, there is a problem with people speeding and when
she pushes the button for the cars to stop, she makes sure they are
really stopped before she lets the children cross she has seen people
running the red light, crosswalk is in the middle of the block and
people don't seem to see it; fears for safety of the children
Motion by Mrs Dalbec for the approval of the placement of flashing
beacons and a speed zone on West 44th Avenue and that the money be
taken from the Capital Fund, seconded by Mrs Worth
Motion by Mr Siler that after the approval of the Item warrant
studies be done to determine whether we need to keep these lights
within 45 days from the time the lights are put in; seconded by Mr
Mancinelli; carried 8-0
Motion by Mrs Worth that the lights be in and working by the 1998
school year, seconded by Mr Siler; carried 8-0
Original Motion as amended 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 Shaver, carried 8-0
Item 6.
Resolution 1658 - supporting the submission of a GO Colorado
legacy grant for the Clear Creek Corridor
Resolution 1658 was introduced by Mr DiTullio, who also read the
title and summary
Gary Kimball of Jefferson County Open Space asked that Council pass
this Resolution
Motion by Mrs Shaver to add two phrases to the 4th whereas of the
resolution wildlife habitat protection and enhancement And
environmental education; seconded by Mrs Worth; carried 8-0
CITY COUNCIL MINOT
March 23, 1998
page -ll-
Motion by Mr
seconded by Mr
voting no
DiTullio for the adoption of Resolution 1658 as amended,
Eafanti, carried 6-2 with Mr Siler and Mrs Dalbec
Item 7.
Resolution 1659 - regarding the provision of cable
television services in Wheat Ridge
Resolution 1659 was introduced by Mrs Worth who also read the
Resolution in the record
Motion by Mrs Worth for the adoption of Resolution 1659; seconded by
Mr Eafanti, carried 6-2 with Mr Siler and Mrs Dalbec voting no
Item 10. Approval of Expenditures
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 Eafanti; carried 8-0
Item 11.
CONSENT AGENDA
A Approve transfer from General Fund to Computer Fund
B Bid award for 1998 crack seal program
C Approve contract with Merrill Wilson for historic
preservation analysis of Baugh property
Mrs Worth introduced consent agenda and read titles
Mr Siler asked to pull Item C
Motion by Mrs Worth for approval of Items A And B
Dalbec; carried 8-0
seconded by Mrs
Motion by Mrs Worth that the City Council award the agreement for the
Baugh House Assessment for State Historic designation to Merrill
Wilson in the amount of her fee proposal of $14,300 I further move
that the City Attorney and City Manager be authorized to complete the
agreement with Merrill Wilson I further move that all costs be
charged to Acct #62-602-700 750 I further move that funds be
encumbered for the length of the project which expressly allows the
expenditure of funds in 1998 and 1999 for this project; seconded by
Mr Siler, carried 8-0
CITY COUNCIL MINU~ , March 23, 1998
Page -12-
Motion Mr Siler that the Richards Hart Estate Committee be approached
to take over the oversight for renovation and preservation of the
Baugh House and if they don't feel that is their prerogative to have
it reported back to Council, seconded by Mr DiTullio; carried 7-l
with Mrs Shaver voting no
ELECTED OFFICIALS' MATTERS
Motion by Mr Siler to allow Claudia Worth to attend the training
session for parliamentarians in Albuquerque, seconded by Mr
Mancinelli; carried 6-2 with Mrs Shaver and Mr DiTullio voting no
Mrs
with
show
near
Shaver asked for consensus that Mr Middaugh set
Council and staff, at the Recreation Center site
us where things are going to be and that this be
future Consensus was 5 in favor
up a meeting
and have staff
done in the very
Motion by Mr DiTullio to adjourn; seconded by Mr Siler, carried 8-0
Meeting adjourned at 11 55 P m
i .v vL ;Ln..... L I I L
<-
Wanda Sang, City)Clerk
APPROVED BY CITY COUNCIL ON APRIL 13, 1998 BY A VOTE OF
8
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