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Home My WebLink About06/22/1998 June 22. 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, Don Eafanti, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth Lloyd Donnelly was absent. 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 June 1, 1998 - Regular Meeting Mq; Worth asked that the Minutes be read into the record in their entirety because the June 1 meeting was not televised since it was a Study session night, but a regular meeting was held Mrs Sang read the Minutes into the record Mrs. Dalbec asked for a correction to change the word "in" to "and" Motion by Mr Eafanti for the approval of the Minutes of June 1, 1998, seconded by Mr Siler. carried 7-0 June 1, 1998 - Study Session Motion by Mr Eafanti for the approval of the Minutes of the June 1, 1998 Study Session, seconded by Mrs Dalbec, carried 7-0 June 8, 1998 - Regular Meeting Motion by Mr Eafanti for the approval of the Minutes of June 8 1998 seconded by Mrs Dalbec; carried 7-0 WHEAT RIDGE CITY r 'JNCIL MEETING JUNE 22,199 PAGE -2- June 8, 1998 - Study Session Motion by Mr Eafanti for the approval of the Study Session Minutes for June 8, 1998, seconded by Mrs Dalbec; carried 6-1 with Mr Siler voting no June 15, 1998 - Liquor Authority Motion by Mr Eafanti for the approval of the June 15 Liquor Authority Minutes, seconded by Mrs Dalbec; carried 7-0 June 15, 1998 - Study Session Motion by Mr Eafanti for the approval of the June 15 1998 Study Session Minutes, seconded by Mrs Dalbec, carried 6-1 with Mr Siler voting no Mrs. Shaver clarified that she did not ask that all the Study Session Minutes be brought to Council for approval PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the Proclamation for Good Neighborhood Month July 4 - August 4, 1998 She then administered the Oath of Office for newly appointed Animal Control Commission Members Monica Gregerson, Kim Fear, and Dr Trefz. CITIZENS' RIGHTS TO SPEAK Kathy Roberls, 5755 West 3rh Avenue, was present on behalf of "Save the Mesas", the citizens group that is working to purchase the Table Mountains for Open Space They are holding a fund raiser on August 23 in Golden's Partet Park. She asked that Council waive the $150 00 rental fee and the $10000 setup fee for the City's Show Wagon, which they will be using Motion by Mr DiTullio to waive all fees associated with the Wheat Ridge Show Wagon except insurance fees for Save the Mesas August 23 event; seconded by Mrs. Worth, carried 5-2 with Mr Siler and Mancinelli voting no Mr Siler feels this will set a precedent and other organizations will start asking for fee waivers Motion by Mrs Shaver to add a Resolution to the consent agenda, Item 12. F , Clear Creek Celebration of the Arts, seconded by Mr DiTullio, carried 7-0 WHEAT RIDGE CITY r UNCIL MEETING JUNE 22, 19~ PAGE -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 24 - An Ordinance authorizing the issuance of Certificates of Participation, Series 1998, of the City of Wheat Ridge, Colorado, in the maximum aggregate principal amount of $14,900,000, authorizing the execution and delivery by the City of a Ground Lease Agreement, a Lease Purchase and Sublease Agreement and an Official Statement; approving the form of a Mortgage and Indenture of Trust; ratifying action previously taken concerning the Certificates, and providing other matters relating thereto Council Bill 24 was introduced on second reading by Mr DiTullio, who also read the title and summary Clerk assigned Ordinance No 1121 Mr Middaugh gave background information on this item and introduced the following speakers Steve Bell from Dain Rauscher Incorporated was sworn in by the Mayor David Bell from Haniffen Imhoff was sworn in by the Mayor They gave report on the financing for the Recreation Center and answered questions Tony FIasco, 4440 Reed Street, was sworn in by the Mayor; he doesn't understand where we came up with the 149 Million the voters only approved 12.385 Million This Recreation Center is not a commercial project, it should be 35 feet tall according to the City Charter He requested that the figure be cut down to 12 385 Million and live with what you told the public. Motion by Mr DiTullio for the approval of Council Bill 24 (Ordinance No 1121), seconded by Mr Siler; carried 6-1 with Mr Mancinelli voting no ITEM 2. Council Bill 21 - An Ordinance providing for the approval of rezoning from Residential-Three to Restricted-Commercial District on land located at 6185 W 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-98-9) (Daniel J and Katherine Mahoney) Council Bill 21 was introduced on second reading by Mr Siler; title read by the Clerk, Ordinance No 1122 assigned Daniel J Mahoney was sworn in by the Mayor and asked for approval of the rezoning Meredith Reckert was sworn in by the Mayor and presented the staff report. WHEAT RIDGE CITY ( 'JNCIL MEETING JUNE 22,199 PAGE -4- Motion by Mr Siler that Council Bill 21 (Ordinance 1122), a request for approval of re2;oning from Residential-Three to Restricted-Commercial for property located at 6185 West 38th Avenue, be approved for the following reasons 1 The proposed rezoning is consistent with adopted and draft Comprehensive Plan 2 Parcels to either side are zoned R-C 3 Minimal impacts from the rezoning are anticipated With the following condition The existing gravel driveway and parking lot shall be paved upon sale of property or upon issuance of a building permit for conversion of the entire structure to commercial use, seconded by Mrs Worth Motion by Mr DiTullio for an amendment to strike the condition as long as the property remains zoned RC, seconded by Mrs Worth carried 4-3 with Councilmembers Siler Worth, and Mancinelli voting no Vote on original motion as amended carried 7-0 ITEM 3. Council Bill 22 - An Ordinance amending the Wheat Ridge Code of Laws concerning trees and shrubs Approval of Arborist Rules and Regulations re Utility Tree maintenance Council Bill 22 was introduced on second reading by Mr DiTullio, who also read the title Clerk assigned Ordinance No 1123 Bill Cassel, City Forester, was sworn in by the Mayor and answered Council's questions Motion by Mr DiTullio for the approval of Council Bill 22 (Ordinance No 1123), seconded by Mr Siler; carried 7-0 Michael Emarine, 3030 Chase Street, read a letter from Wheat Ridge United Neighborhoods in the record, which supports Council Bill 22, but has concerns about two important exclusions in Section 24-2 Odarka Figlus, 9775 West 36th Avenue, asked that Council remember what is a weed tree to some is a tree that has been planted and nurtured and cared for by somebody else She related an unpleasant experience her mother had had with a utility company tree trimming, that was eventually solved with Mr Cassel's help Motion by Mr DiTullio that the Arborist Board Rules and Regulations be brought back the 15th of October and further move that Jerry DiTullio be removed as Council liaison to the Arborist Board seconded by Mrs. Worth, carried 7-0 Motion by Mrs Dalbec that the Gold Committee meet with the Arborist Board, seconded by Mr Siler. carried 5-2 with Mr DiTullio and Mr Mancinelli voting no WHEAT RIDGE CITY r 'JNCIL MEETING JUNE 22,199 PAGE -5- ITEM 4. An application from Baptist Home Association of the Rocky Mountains, Inc for approval of an amendment to the Mountain Vista Retirement Village Planned Community Development (PCD) final development plan with variances for the construction of six independent living units and carports located at 4700 Tabor Street. (Case No WZ-98-06) Item 4 was introduced by Mrs Worth, title read by the Clerk. Ronald Heselton, 7682 Saulsbury Street, was present and sworn in Mr Heselton was representing the Baptist Home Association as the Director of Special Projects, taking care of the construction and any other problems that come up in the organization He introduced Mr Robert Taylor from R & R Engineering Mr Taylor has done the site development plan at this location Mr Heselton gave an overview of Baptist Home Association and its goals Robert Taylor, was sworn in and answered Councils' questions Mrs. Worth asked that they put up a guard rail on the Southwest corner Meredith Reckert, was present and sworn in Ms Reckert gave the staff report and recommended that Council approve the plan amendment because all requirements have been met. Motion by Mrs Worth that the request for approval of setback variances next to the right-of-way for property located at 4700 Tabor Street be approved for the following reasons 1 A variance is required to allow construction on the property as shown on the development plan 2 The topography of the site and the excess right-of-way along the frontage road have created unique circumstances, seconded by Mrs Dalbec, carried 6- 1 with Mr DiTullio voting no Motion by Mrs Worth that Case No WZ-98-6, a request for approval of an amendment to a Planned Commercial final development plan for property located at 4700 Tabor Street, for the following reasons 1 The proposal is consistent with the underlying outline development plan 2 All requirements for a PCD plan amendment have been met. With the following condition that a guard rail will be put up on the Frontage Road above the two duplexes on the Southwest corner and the cost of the guard rail be split 50/50 between the applicant and the City of Wheat Ridge The part that the City will contribute is not to exceed $5,000 with the money coming from the Capital Improvement Funds, seconded by Mr Eafanti Friendlv Amendment by Mr Siler that provided COOT will allow WHEAT RIDGE CITY r 'JNCIL MEETING JUNE 22,199 PAGE -6- Original motion carried 6-1 with Mr DiTullio voting no ITEM 5. An application submitted by the Public Service Company for approval of a re-subdivision plat to allow for a lot line adjustment for the relocation of a Public Service Company natural gas regulator facility (Case No MS-98-0 1) Item 5 was introduced by Mr Siler; title read by the Clerk. Marjorie and Vernon Vohoska, owners of the property at the corner of West 44th Avenue, were present and sworn in Mrs Vohoska made comments explaining the subdivision plans and asked for Councils' approval Alan White, Wheat Ridge Planning Director, was present and sworn in Mr White presented the staff report. Mr White mentioned a correction he would like to make under the Dedication statement and add it as a condition of approval He would like it to read, "installing sanitary sewers, street pavement, curbs, gutters, sidewalks and other utilities shall not be guaranteed and paid for by the City of Wheat Ridge" Motion by Mrs Worth to suspend the rules to allow Mrs Shaver to continue the conversation, seconded by Mrs Shaver; failed 4-3 with Councilmembers Siler, Mancinelli, and DiTullio voting no (takes 5 votes to pass) Odarka Fig/us was sworn in by the Mayor; she is part owner of the property at 7741 West 44th Avenue, which is directly adjacent to Mr Vohoska's property; she is glad the property is being redeveloped, objects to numbering the parcel on the West end, which is requested to be 7605 West 44th Avenue, this implies that the building is actually on the corner of 44th and Wadsworth, the building is actually a block west of Wadsworth, the building directly across the street from the building under construction, is 7700, which is 100 numbers offrom 7605 and her building, which is right next door, is 7741, this will be confusing She asked that the number remain 7701 to provide consistency and avoid confusion Motion by Mr Siler that Case No MS-98-01, a request for approval to resubdivide a plat on property located at 7605 West 44th Avenue and 4401 Wadsworth Boulevard, be approved for the following reasons 1 It is required to allow the redevelopment of this property 2 All requirements of the Subdivision Regulations have been met. With the following conditions 1 On the plat the dedication statement be corrected to include the word "not" on the 6th line above combined legal description, 2 On Note 3 ,5th line, remove the words "from adjacent property and/or"; seconded by Mrs Worth WHEAT RIDGE CITY r -'JNCIL MEETING JUNE 22, 199' PAGE -7- Motion by Mrs Dalbec for an amendment that Note 3 stay as is on the plat; seconded by Mrs Shaver Mrs Shaver asked questions of Mr Vohoska Mayor Cerveny stated the question period was over and a vote was to be taken Mrs Shaver appealed that decision to the body Motion carried 5-2 with Mr Mancinelli and Mr Eafanti voting no Mrs Shaver then continued questioning the applicants Mr DiTullio called for the question seconded by Mr Mancinelli, carried 7-0 Vote on amendment carried 4-3 with Councilmembers Siler Mancinelli and DiTullio voting no Mrs Dalbec called for the question, seconded by Mrs Worth, carried 6-1 with Mr Eafanti voting no Vote on original motion as amended carried 5-2 with Mr Siler and Mr DiTullio voting no ITEM 6. Council Bill 20 - An Ordinance amending the Wheat Ridge Code of Laws, Section 2-53(0), concerning Voting Rules for the Board of Adjustment, City of Wheat Ridge, County of Jefferson State of Colorado Council Bill 20 was introduced on second reading by Mrs Worth, who also read the title Clerk assigned Ordinance No 1124 Mr Dahl explained the reasons for this Ordinance and recommended approval Motion by Mrs Worth that Council Bill 20 (Ordinance 1124) be adopted on second reading and take effect 15 days after final publication, seconded by Mrs Dalbec, carried 7-0 ORDINANCES ON FIRST READING ITEM 7. Council Bill 25 - An Ordinance vacating a portion of West 52nd Avenue (Case No WV-98-03) within the City of Wheat Ridge, County of Jefferson, State of Colorado Council Bill 25 was introduced on first reading by Mrs Dalbec, who also read the title and summary Motion by Mrs Dalbec that Council Bill 25 be approved on first reading, ordered published, public hearing be set for Monday, July 13, 1998 at 700 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mrs Worth, carried 7-0 WHEAT RIDGE CITY r lJNCIL MEETING JUNE 22,199' PAGE -8- ITEM 8. Council Bill 26 - An Ordinance designating the Joy Williams Barn, located at 11460 West 44th Avenue, as an Historic Landmark in the City of Wheat Ridge Council Bill 26 was introduced on first reading by Mrs. Worth, who also read the title and summary Motion by Mrs Worth that Council Bill 26 be approved on first reading, ordered published, public hearing be set for Monday, July 27,1998 at 700 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect upon passage, seconded by Mrs Dalbec, carried 7-0 DECISIONS. RESOLUTIONS. AND MOTIONS ITEM 9. Appointment of Planning Commission member Item 9 was introduced by Mr Eafanti; title and summary read by the Clerk. Motion by Mr Eafanti that Laura Leprino be appointed to the District III vacancy on the Planning commission for a term expiring March 2, 2001, seconded by Mr Mancinelli, failed 3-4 with Councilmembers Siler, Eafanti, and Mancinelli voting yes Motion by Mrs Shaver that Mr Don MacDougall be appointed to the District III vacancy on the Planning commission for a term expiring March 2, 2001 seconded by Mrs Dalbec, carried 6-1 with Mr Mancinelli voting no ITEM 10. Parfet Street School Sidewalk, 32nd Avenue to 38th Avenue, RFB #98- 17 Item 10 was introduced by Mrs Shaver; title read by the Clerk. Senior Project Engineer, Dave Kotecki, presented the staff report. Motion by Mrs Shaver to postpone this bid award until our next regular Council Meeting until we had the other neighborhood meeting and in the meantime perhaps staff could find some ways to trim some costs of this project; that the citizens be offered another option in sidewalks for 4 feet; seconded by Mrs Dalbec; carried 6-1 with Mr Siler voting no Motion by Mrs Worth to suspend the Rules and finish the Agenda seconded by Mrs Shaver; failed 4-3 with Councilmembers Shaver, Worth and Eafanti voting yes WHEAT RIDGE CITY r JNCIL MEETING JUNE 22, 199f PAGE -9- Motion by Mrs Dalbec to suspend the Rules and address Item 11 and Item 12 and then adjourn, seconded by Mr Siler; carried 7-0 ITEM 11. Approval of Expenditure items 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 7-0 ITEM 12. CONSENT AGENDA. A. Purchase of Computers (RFB #98-30) B Resolution 1668 - A Resolution authorizing use of the public Right-of- Way by the Wheat Ridge Carnation Festival Inc to post signs exempt from regulation advertising the Wheat Ridge Carnation Festival C Prospect Park restroom improvements RFB #97-41 D Purchase of traffic signal equipment. E Rockies Baseball Field construction Motion by Mrs Worth for the approval of the Consent Agenda, seconded by Mr DiTullio, carried 7-0 Meeting adjourned at 11 10 P m '\ ' ( ) I ----;.. ,;" ,. .[" .".,i'~ Wanda Sang~CityG~k APPROVED BY CITY COUNCIL ON JULY 13,1998 BY A VOTE OF ~ TO ~ /' -Jl~ Don Eafanti CounCil P~e"sident .----......,