HomeMy WebLinkAbout05/11/1998
May ll, 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; Director of Public Works, Bob
Goebel; staff, and interested citizens
APPROVAL OF MINUTES
of April 27, 1998
Motion by Mr Eafanti
1998, seconded by Mr
to page 6
for the approval of the Minutes of April 27,
Mancinelli, carried 8-0 with Mrs Worth changes
PROCLAMATIONS AND CEREMONIES
Mayor Cerveny read the following Proclamations
National Cancer Survivors Day June 7, 1998
Foster Care Month May, 1998
She then recognized five teams of "Odyssey of the Mindu, which were
present at the meeting They were from Wheat Ridge High, Everitt
Middle School, Wheat Ridge Middle School, Stevens Elementary School,
Wilmore Davis Elementary School
CITIZENS' RIGHTS TO SPEAK
Five students from Martensen Elementary School presented petitions and
asked that the sidewalk program for Martensen be moved up from the
year 2001 to 1998 because of safety issues and concerns
Dan Hatrop, secretary for the Eastern Rockies Rugby Football Union,
cited the accomplishments of the Wheat Ridge High School players who
werp the 1998 State Champions, and asked for financial support of
either the City or prlvate parties
CITY COUNCIL MINUT"
May ll, 1998
Page 2
Motion by Mrs Worth that the City of Wheat Ridge support this Rugby
Team for $2,500 from the General Fund fund balance and adjust the
budget accordingly, seconded by Mr Siler Mrs Dalbec will abstain
because her son plays on this team Mr DiTullio will vote no because
we already gave out $20,000 this year and another $20,000 of in-kind
services, we have to draw the line on giving out taxpayers money
Motion carried 6-1 with Mrs DalbAr abstaIning and Mr DiTullio voting
no
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
Council Bill 14 - An Ordinance vacating a portion of West
33 ~ Avenue (Case No WV-98-1) within the City of Wheat
Ridge, County of Jefferson, State of Colorado, adjacent to
3294 Pierson Street and 3295 Parfet Street
Council Bill 14 was introduced on second reading by Mr Eafanti; title
read by the Clerk; Ordinance No 1114 assigned
Mr Middaugh gave brief overview of the case
Motion by Mr Eafanti that Council Bill 14 (Ordinance 1114), a request
for approval of a right-of-way vacation for West 33'i Avenue extended
between Pierson Street and Parfet Street, be approved for the
following reasons 1 It is not needed for emergency vehicle access
2 A pedestrian connection between Pierson and Parfet will occur on
school district property 3 The evaluation criteria support
approval With the following condition Vesting occur with property
owners to the south; seconded by Mrs Shaver, carried 8-0
Item 2.
Consider anneAation of properties at 13500 West 44th,
generally known as the 44th Industrial Park
A Findings of fact regarding annexation
1 Resolution 1665 - making certain Findings of Fact
regarding the proposed Annexation of a Parcel of land
known as the 44th Industrial Parv, Parcell
2 Resolution 1666 - making certain Findings of Fact
regarding the proposed AnneAation of a Parcel of land
known as the 44th Industrial Park, Parcel 2
CITY COUNCIL MINUT.
May ll, 1998
Page 3
B Annexations
2 Council Bill II - An Ordinance annexing to the City of
Wheat Ridge unincorporated territory known as Parcell
of the 44th Industrial Park property generally located
south of 44th Avenue, North of Highway 58, West of
Interstate 70 and east of Eldridge Street in Jefferson
County
3 Council Bill 12 - An Ordinance annexing to the City of
Wheat Ridge unincorporated territory known as Parcel 2
of the 44th Industrial Park property generally located
South of 44th Avenue, North of Highway 58, West of
Interstate 70 and East of Eldridge Street in Jefferson
County
C Zoning
1 Council Bill 13 - An Ordinance zoning certain property
known as 44th Avenue Industrial Park Parcels One and Two and generally
located South of 44th Avenue, North of Highway 58, West of Interstate
70 and East of Eldridge Street within the City of Wheat Ridge,
Colorado, as Planned Industrial District (PID) pursuant to Section 26-
6~ of the Wheat Ridge Code of Laws and amending the Zoning Ordinance
and Map to conform therewith
Item 2 was introduced by Mrs Dalbec, titles read by the Clerk,
Ordinance Numbers (C B 11 - 1115, C B 12 - 1116, C B 13 - 1117)
assigned
Tom Hartley was sworn in by the Mayor He is the managing partner of
44 Eldridge LLC, which is the applicant for this matter Their parcel
consists of approximately 51 acres and they would like to be anneyed
to Wheat Ridge and be rezoned Industrial
Martin Orner, Economic Development Specialist for the City of Wheat
Ridge, was sworn in by the Mayor and presented the staff report
Flora Andrus, 4790 Easley Poad, Golden, was sworn in by the Mayor; she
is disappointed with the direction this development is taking, she
thought it would be more semi-rural in nature, this will cause
increased traffic for their Fairmont community
CITY COUNCIL MINUT"
May ll, 1998
Page 4
Resolution 1665 - Parcell
Motion by Mrs Dalbec to adopt Resolution 1665, making certain
findings of fact regarding the proposed annexation of Parcel 1 of land
known as the 44'" Industrial Park, seconded by Mr DiTullio,
carried 8-0
Council Bill 11 - Ordinance 1 1 1 5 - Parcel 1
Motion by Mrs Dalbec that Council Bill 11 (Ordinance 1115), Case No
ANX-98-3, Annexing to the City of Wheat Ridge unincorporated territory
known as the 44to Industrial park, parcell, generally located south of
44thAvenue, north of Highway 58, west of Interstate 70and east of
Eldridge Street, with an approximate address of 13500 West 44th Avenue,
County of Jefferson, as legally described in EAhibit A, be adopted and
that the Mayor be authorized to sign and eyecute the attached
Annexation Agreement, with conditions, for the following reasons 1
The annexation meets the State criteria for annexation eligibility
2 The annexation will be a logical extension of the City's
boundaries 3 The annexation will allow the City to gain regulatory
control of the development and usage of the subject property 4 The
annexation is consistent with the City's three-mile-plan, seconded by
Mr Siler, carried 8-0
Resolution 1666 - Parcel 2
Motion by Mrs Dalbec to adopt Resolution 1666, making certain
findings of fact regarding the proposed annexation of Parcel 2 of
property known as the 44th Industrial Park, seconded by Mr DiTullio,
carried 8-0
Council Bill 1 2 - Ordinance 1 1 1 6 - Parcel 2
Motion by Mrs Dalbec that Council Bill 12 (Ordinance 1116), Case No
ANX-98-3, Annexing to the City of Wheat Ridge unincorporated territory
known as the 44th Industrial park, parcel 2, generally located south of
44thAvenue, north of Highway 58, west of Interstate 70and east of
Eldridge Street, with an approAimate address of 13500 West 44th Avenue,
County of Jefferson, as legally described in Exhibit A, be adopted and
that the Mayor be authorized to sign and execute the attached
Anne<ation Agreement, with conditions, for the following reasons 1
The annexation meets the State criteria for annexation eligibility
2 The annexation will be a logical eytension of the City's
boundaries 3 The annexation will allow the City to gain regulatory
control of the development and usage of the subject property
CITY COUNCIL MINUT"
May ll, 1998
Page 5
4 The annexation is consistent with the City's three-mile-plan,
seconded by Mr DiTullio, carried 8-0
Council Bill 1 3 - Ordinance 1 1 1 7 - Zoning
Motion by Mrs Dalbec that Council Bill 13 (Ordinance 1117), Case No
WZ-98-8, an Ordinance zoning certain property known as 44tl, Industrial
parK, parcell and parcel 2, within the City of Wheat Ridge, with an
approximate address ot 13500 West 44' Avenue, County of Jefferson,
Colorado, as legally describpd in E~hibit C, Planned Industrial
Development, pursuant to Section 26-6(C) of the Wheat Ridge Code of
Laws and amending the Zoning Ordinance and map to conform therewith,
be adopted, with conditions, for the following reasons
1 The proposed zoning is consistent with the City's rezoning
criteria 2 It would allow the planned and orderly development of
the properties 3 There would be no significant negative impacts as
a result of the zoning 4 The zoning is consistent with the City's
three Mile Plan
Conditions of approval
1 The list of permitted land uses shall be restricted to those
contained in Ehhibit B and the Ordinance zoning the property, except
that no semi tractor/trailer repair will be allowed and that no heavy
vehicle repair be allowed on this site except for minor accessory use
to an industrial use That semi trucks be allowed for delivery and
pickup only and that casino bus storage would be allowed only on
parcel area 1 A
2 The applicant/owner shall be solely responsible for all public
improvements as listed in the Annexation Agreement
3 All requirements of the City of Wheat Ridge Department of Public
Works shall be addressed to the satisfaction of the Department of
Public Works prior to the recording of any subsequent final plats, or
prior to the issuance of any building permits
4 The applicant shall meet all requirements of the Fairmont Fire
District per their letter dated April 16, 1998
5 The applicant shall meet all requirements of the Wheat Ridge Public
Works Director
6 The following unified control statement shall be placed on the
Outline Development Plan prior to recordation
"44u, Industrial Park is owned by 44'" Eldridge, LLC, a Llmited
Liability Company, and consists of 29 lots One Building will be
constructed on one or more lots E. isting ownership can sell all
lots All 29 lots can have different ownership Unified control
shall be maintained through recorded covenants and restrictions,
as well as the Development Standard.3 established by the Outline
Development Plan n
CITY COUNCIL MINUT
May ll, 1998
Page 6
7 Exhibit B to the Ordinance zoning the property shall be made part
of the Outline Development Plan to be recorded with the Jefferson
County Clerk and Recorder That 7) on Exhibit B would state One
motor vehicle, gasoline filling station, car wash, and convenience
store, not including such facilities and services for semi-tractor
trailer trucks Any use reasonably interpreted as a truck stop shall
not be permitted
Seconded by Mr DiTullio
Motion by Mrs Shaver to suspend the Rules and let Councilmembers
spea~ more than twice on this item, seconded by Mrs Dalbec; tailed 5-
3 with Councilmembers Siler, DiTulllo, and Worth voting no (Thls
needed six votes to pass)
Motion by Mrs Shaver to amend that on Exhibit B, Page 2, 15) the line
not more than three trucks or trailers be changed to not
more than "one" truck or trailer seconded by Mrs Worth After
talking to the applicant, Mrs Shaver withdrew her motion and replaced
it with a new motion to "whatever he said about the 10% truck use"
(since the applicant spoke from the audience without a microphone,
nothing he said was picked up on the tape); failed 3-5 with
Councilmembers Shaver, Worth, and Dalbec voting yes
Mrs Dalbec called for the question on the main motion seconded by
Mrs Worth, carried 5-3 with Councilmembers Donnelly, DiTullio, and
Siler voting no
Original Motion carried 5-3 with Councilmembers Donnelly, Siler, and
Mancinelli voting no
Item 3.
Council Bill 10 - An Ordinance amending the Code of Laws of
the City of Wheat Ridge regarding liquor and establishing a
Liquor Licensing Authority
Council Bill 10 was introduced by Mr Mancinelli on second reading,
title read by the Clerk
Motion by Mr Mancinelli that the first reading approval of Council
Bill 10 be rescinded and that Council Bill 10 be removed from further
consideration by the City Council, seconded by Mr Siler; carried 8-0
CITY COUNCIL MINUT
May ll, 1998
Page 7
ORDINANCES ON FIRST READING
Item 4.
Council Bill 19 - an Ordinance amending Title 3,
Chapter 11, of the Wheat Ridge Code of Laws pertaining to
alcoholic beverages and the establishment of a Liquor
Licensing Authority
Council Bill 19 was introduced on first reading by Mr Mancinelli,
title read by the Clerk
Motion by Mr Mancinelli that Council Bill 19 be approved on first
reading, ordered published, public hearing be set for Monday, June 1,
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 Eafanti
Motion by Mrs Worth for an amendment under Section B that the
Authority consist of four citizens and four Councilrnembers, seconded
by Mrs Dalbec, failed 3-5 with Councilmembers Shaver, Worth, and
Dalbec voting yes
Motion by Mrs Worth for an amendment under Section H to add the
wording "or been convicted of a violation of a State law or local
violation, such as domestic violence, or assault or those thlngsU,
seconded by Mrs Dalbec, failed 3-5 with Councilmembers Shaver, Worth
and Dalbec voting yes
Motion by Mrs Worth for an amendment under Section H to add "or been
convicted of a crime of domestic violence, assault or a felonyu,
seconded by Mrs Dalbec, failed 3-5 with Councilrnembers Shaver,
Worth, and Dalbec voting yes
Mr DiTullio asked the City Clerk why she supported the creation of a
liquor authority Mrs Sang replied that she believes liquor
licensing and show cause hearings should not be political; Council's
decision to hear liquor matters only once a month can cause delays in
applications and place a hardship on applicants Mrs Dalbec stated
that liquor licenses have to be political because Council is
accountable to citizens and they have to represent their concerns, she
is not supporting this Ordinance Mrs Worth and Mrs Shaver will also
vote against this because they feel this is Council's responsibility,
we don't need another layer of government
Vote on original motion carried 5-3 with Councilmembers Shaver, Worth,
and Dalbec votlng no
CITY COUNCIL MINUT
May ll, 1998
Page 8
Item 5.
Council Bill 18 - an Ordinance repealing and reenacting
Chapter 24 of the Code of Laws concerning trees and shrubs
Council Bill 18 was introduced on first reading by Mr Siler title
read by the Clerk
Motion by Mr Siler that Council Bill 18 be approved on first readlng,
ordered published, public hearing be set for Monday, June 1, 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 Donnelly
Motion by Mrs Worth to amend that under Section 24-6
"30 days", under Section 24-16 b) be changed from 15
days", seconded by Mrs Dalbec; carried 6-2 with Mr
Mancinelli voting no
Be changed to
days to "30
Eafanti and Mr
Motion by Mrs
seconded by Mrs
voting no
Dalbec to amend Page 6, to delete a) and make b) a),
Worth, carried 6-2 with Mr Siler and Mr Eafanti
Motion by Mrs Worth to amend Page 2 a) from 5 days to "30 days or at
an earlier time by mutual agreement between the City Forester and the
property owner", seconded by Mrs Dalbec; carried 5-3 with
Councilmembers Eafanti, Mancinelli, and Siler voting no
Original Motion as amended carried 8-0
Item 6.
Council Bill 17 - an ordinance amending the Code of Laws to
provide for increased penalty limits for violations of the
Code of Laws
Council Bill 17 was introduced on first reading by Mr DiTullio, who
also read the title and summary
Motion by Mr DiTullio that Council Bill 17 be approved on first
reading, ordered published, public hearing be set for Monday, June 8,
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; that Mr Dahl's changes be incorporated on Page 3 and
Page 5 and published with those changes, seconded by Mrs Dalbec;
carried 7-1 with Mrs Worth voting no
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 7.
Approval of Expenditures
Item 7 was introduced by Mrs Worth
CITY COUNCIL MINUT-
May l1, 1998
Page 9
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 Mrs Dalbec, carried 8-0
Item 8.
CONSENT AGENDA
A Maintenance Agreement for Police Department's
Communications Logging Recorder
B Fleet Replacements (Partial) Skid Steer Loader RFB #q8-
23 and Vacuum Sweeper, RFB #98-24
C
Fleet Replacements (Partial)
APEO Vehicle Replacement
D Domestic Violence Grant
Item 8 was introduced and the titles read by Mrs Worth
Motion by Mrs
seconded by Mr
Worth for approval of the Consent Agenda as printed,
Eafanti; carried 8-0
CITY MANAGER'S MATTERS
Mr Middaugh updated Council on the status of the proposed focus group
formation for Civic Democracy The City staff has sent out 90 letters
(random, registered voters), and in a two week period 5 responses
returned
Motion by Mr
come up with
carried 8-0
DiTullio that the Council subcommittee meet again and
Plan B for Civic Democracy, seconded by Mr Donnelly,
Mr Middaugh gave update on Comprehensive Plan, 164 people attended
those series of meetings, about 1500 surveys have been returned and
are being entered in a data base He foresees Council and Planning
Meeting holding a joint meeting and discuss this data
He referred to Patty Crew's memo regarding the purchase of gas
commodity
ELECTED OFFICIALS MATTERS
Ken Siler gave DRCOG update
Jerry DiTullio complimented the Planning Department on their good work
on the annexation
CITY COUNCIL MINUT"
May 11, 1998
Page 10
Teri Dalbec complimented the Wheat Ridge Historical Society on their
May festival She asked about providing additional places to sit down
along the crusher fine paths She thanked Council for the Rugby
funding
Claudia Worth stated the Skateboard Park closes at Sundown and asked
that users respect that, she is getting complaints from neighbors
Janelle Shaver asked that the sound system be fixed, she has a hard
time hearing people speak
Don Eafanti
scheme this
but it will
gave update on Carnation parade, it will
year; Lombardi Trophy won't be available
be displayed at City Hall for one day
be a sports
for the parade,
Motion by Mr
8-0
Siler for adjournment, seconded by Mr
Eafanti; carried
Meeting adjourned at 11 10 P m
. //1 ,,/c_d,,~,
Wanda Sanq, Ci ty-2t:lerk
APPROVED Bf CITY COUNCIL ON JUNE 1, 1998 BY A VOTE OF 8 TO 0