Loading...
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