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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 CITY COUNCIL MINUT 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 TO o - "",---- ~/['>.l I_/l.~ President