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HomeMy WebLinkAbout07/13/1998 July 13. 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 (arrived at 7 04 pm), 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, Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES of June 22,1998 and July 6,1998 Motion by Mr Eafanti for the approval of the Minutes of June 22, 1998, seconded by Mr DiTullio, carried 7-0 Motion by Mr Eafanti for the approval of the Minutes of July 6, 1998 seconded by Mr DiTullio, carried 7-0 PROCLAMATIONS AND CEREMONIES Mr Luke Smith from the Colorado Department of Transportation presented the Silver Buckle Award to Sgt. Jay Gray and Officer Kevin Armstrong from the Wheat Ridge Police Department. Mayor Cerveny administered the Oath of Office to Donald MacDougall, Planning Commissioner for District III Motion by Mr Eafanti to add an Agenda Item, to reconsider Case No MS-98-01, which concerned a driveway between Vern's and Red Lobster, and make it Agenda Item 3 A., seconded by Mr Siler; carried 5-2 with Mrs. Shaver and Mrs. Dalbec voting no and Mr Donnelly abstaining CITY COUNCIL MINUTES JULY 13, 1998 Page 2- Motion by Mr DiTullio to switch Agenda Items 8 and 4 because a number of people are present to speak under Item 8, seconded by Mr Eafanti, carried 6-2 with Mr Siler and Mr Mancinelli voting no Motion by Mrs Worth to switch Agenda Items 3 and 2, seconded by Mr Eafanti, carried 7-1 with Mr Mancinelli voting no Motion by Mrs Worth to remove Item 10, seconded by Mr DiTullio, carried 8-0 CITIZENS' RIGHTS TO SPEAK There was no one present to speak. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1" Council Bill 25 - An Ordinance vacating a portion of West 52nd Avenue within the City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WV-98-03) Council Bill 25 was introduced on second reading by Mrs Dalbec; title read by the Clerk; Ordinance No 1125 assigned Motion by Mrs. Dalbec for approval of Council Bill 25 (Ordinance 1125), seconded by Mr Eafanti Motion by Mrs Dalbec for an amendment on Exhibit B Easement Agreement, 1 (d) the words "subject to review by City Council" be added, seconded by Mr Eafanti Mrs. Worth asked to add to Mrs Dalbec's amendment to change the word "complaints" to "citations" Mrs Dalbec accepted that as a friendly amendment. Motion on the amendment tied 4-4 with Councilmembers Shaver, Worth, Eafanti, and Dalbec voting yes. Mayor broke the tie by voting no Motion failed 5-4 Motion by Mrs Worth for an amendment to change the word "complaints" to "citations" seconded by Mr Siler; carried 8-0 Motion by Mrs. Worth that the wording in Exhibit B, second paragraph, be changed to read "Such Easement Area is also simultaneously being conveyed by grantor of a nonexclusive easement to the Valley Water District"; seconded by Mr DiTullio, carried 8-0 Vote on original motion as amended carried 8-0 CITY COUNCIL MINUTES JULY 13,1998 Page 3- Item 3. Council Bill 23 - An Ordinance vacating a portion of West 50th Avenue within the City of Wheat Ridge County of Jefferson, State of Colorado (Case No VW-98-02) Medved Autoplex Council Bill 23 was introduced on second reading by Mrs Dalbec title and summary read by the Clerk; Ordinance No 1126 assigned Dennis Polk, 1667 Cole Blvd, attorney representing Medved, and Steve Hammond, Civil Engineer and consultant for the project, were sworn in by the Mayor Motion by Mr DiTullio that we combine the public hearing on Items 2 and 3, seconded by Mr Siler; carried 5-3 with Councilmembers Shaver, Worth, and Dalbec voting no Steve Hammond and Dennis Polk presented the applicant's case and answered questions Meredith Reckert was sworn in by the Mayor and presented the staff report. Bob Goebel was sworn in by the Mayor and gave history of the area. Frank Wehling, 5006 Partet Street, and Chuck Sties meyer, 4996 Partet, were sworn in by the Mayor; they had some questions regarding the vacation Mr DiTullio stated that he is running for State Office and has received contributions from Medved and asked that he be allowed to abstain from voting Motion by Mrs Worth that Mr DiTullio be required to vote on this, seconded by Mr Siler; carried 7-1 with Mr DiTullio voting no Motion by Mrs Dalbec that Council Bill 23 (Ordinance 1126), be amended, Section 1 and Section 2 to reflect the motion that a request for approval of a 40' right-of-way vacation for West 50th Avenue abutting the rear of property located at 11001 and 11201 West 1-70 Frontage Road North, be approved for the following reasons. 1 The need for a West 50th Avenue has not been shown 2 The criteria used to evaluate a vacation support approval of the request. With the following conditions a A utility easement be reserved over the entire 40 feet. b An affidavit of amendment be recorded removing the plat note per Section II of this staff report; seconded by Mrs Worth Mrs Shaver asked for an amendment to add condition c. That bicycle and pedestrian eaSement be preserved on the northern portion Mrs Dalbec and second accepted this as a friendly amendment. CITY COUNCIL MINUTES JULY 13, 1998 Page 4- Motion by Mr Mancinelli to amend to change the 40' to 10', seconded by Mr Siler Mr DiTullio called for the question, carried 6-2 with Mr Eafanti and Mr Mancinelli voting no Original Motion carried 6-2 with Mr Siler and Mr Mancinelli voting no Item 2. Approval of an amended planned building group plan Medved Autoplex (Case No PBG-98-01) Motion by Mrs Dalbec to approve Case No PBG-98-01, a request for approval of an amendment to the existing planned building group plan fort he Medved Autoplex located at 11201 West 1-70 Frontage Road North, for the following reasons 1 An amended plan is required to achieve the proposed increased development on the property in an efficient and orderly manner 2 All requirements of the C-1 zone district regulations have been met or exceeded 3 The plan is consistent with adjacent zoning and land use With the following conditions Lighting be shielded to minimize effects on nearby residential properties 2 Construction or employee parking be allowed on Parfet Street only during construction to the north driveway and not adjacent to the residential properties alongside there Any additional accesses on Parfet Street to the property be located south of the existing residential properties that are on the east side by 30 feet; seconded by Mr DiTullio, carried 8-0 Item 3. A. Reconsideration of Case No MS-98-01 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 Motion by Mr Eafanti to change the motion of June 22, 1998 to delete the words "from adjacent property" from condition 2 , seconded by Mr Siler; carried 4-3 with Councilmembers Shaver, Worth, and Dalbec voting no and Mr Donnelly abstaining Item 3.B. (formerlv Item 8.) Traffic calming request for Gray Street between 26th and 29th Avenue Mr DiTullio introduced Item 3 B Mr Middaugh presented his memo attached to the Agenda and recommended that Council do not approve traffic calming measures on Gray Street at City's expense Mr DiTullio rebutted with the comment that there are 402 apartments in Terra Village with people moving in and out every six months and that the studies do not reflect everything CITY COUNCIL MINUTES JULY 13, 1998 Page 5- The following speakers were called by the Mayor' Ken Sheriff, 2830 Gray Street Judy DeFrancesco, 2850 Gray Street Arlie Aurich, 2860 Gray Street Rob Scheel, 2820 Gray Street. They complained about the heavy traffic in their neighborhood and asked that Council spend the money to slow down the traffic and make it less convenient to travel Gray Street. When the traffic counter is up, the speeding slows down, but as soon as it's gone it starts right up again Don't wait until somebody gets hurt before something gets done Motion by Mr DiTullio that the neighborhood traffic management program be amended to provide that neighborhoods not meeting the criteria for traffic calming devices provided at City expense be allowed to appeal the decision to City Council for installation upon the finding by the Public Works Department that there is no adverse impact on other streets within the community; seconded by Mrs Worth, carried 5-3 with Councilmembers Siler, Eafanti, and Mancinelli voting no Motion by Mr DiTullio to approve 2 speed humps on Gray Street with location to be determined by staff; seconded by Mrs Worth, carried 6-2 with Mr Siler and Mr Mancinelli voting no ORDINANCES ON FIRST READING Item 4, Council Bill 27 - An Ordinance amending the Wheat Ridge Code of Laws to provide for collection of delinquent charges, assessments or taxes. Council Bill 27 was introduced on first reading by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler that Council Bill 27 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 15 days after final publication, seconded by Mrs Worth, carried 8-0 Item 5. Council Bill 28 - An Ordinance providing for the approval of rezoning from Residential-Three (R-3) to Commercial-One(C-1) on land located at 6551 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-98-10) Randy's Realty Council Bill 28 was introduced on first reading by Mr Siler; title and summary read by the Clerk. CITY COUNCIL MINUTES JULY 13 1998 Page 6- Motion by Mr Siler that Council Bill 28 be approved on first reading ordered published, public hearing be set for Monday, August 10,1998 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 Mr Eafanti; carried 5-3 with Councilmembers Shaver, Worth, and Dalbec voting no DECISIONS. RESOLUTIONS. AND MOTIONS Hem 6. Appointment to Personnel Commission Motion by Mr DiTullio to appoint Teri Carver to fill the District I vacancy in the Personnel Commission for a term expiring March 2, 1999, seconded by Mrs Worth, carried 8-0 Item 7. Flashing beacons for school zone Motion by Mr Siler that school zone flashing beacon equipment for 44th Avenue between Yarrow and Balsam Streets be purchased from Intersection Development Corporation in the amount of their quote of $6,520 I further move that a contingency account be established in the amount of $652 I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $7 172 I further move that all costs associated with this contract be transferred from the Capital Improvement Fund Balance to the Traffic Improvement Fund, Acct. No 30-304-800-843, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series, seconded by Mr Mancinelli, carried 8-0 Item 9. 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 Mr Mancinelli. carried 8-0 Item 11. CONSENT. A. Approve Codes Administrator position and amend the compensation plan B Bid Award for the 1998 Traffic Signal Improvement Project. (RFB #98-29) Motion by Mrs Worth to approved the Consent Agenda, seconded by Mr Mancinelli carried 8-0 CITY COUNCIL MINUTES JULY 13, 1998 CITY MANAGER'S MATTERS Page 7- Mr Middaugh reported that Congressman Skaggs was successful and the only person that gave us any response of any kind other than a form letter on our Post Office Resolution He asked that somebody communicate with him and thank him Motion by Mr Eafanti to write him a letter and have all Councilmembers sign it; seconded by Mr DiTullio carried 8-0 Consensus was 8 in favor for the Council subcommittees to get together and establish their own meeting times Consensus was 8 in favor to have a City of Wheat Ridge booth at the Carnation Festival ELECTED OFFICIALS MATTERS Ron Patera gave update on how he intends to invest the Rec Center funds and this will come to Council at a future meeting for a change in investment policy Teri Dalbec and Claudia Worth reminded everybody of the Clear Creek Festival of Arts on July 25 and 26 and asked for volunteers Mrs Shaver presented report on Community Corrections Board meeting Mr Eafanti reminded everybody of the Carnation Festival, parade is on August 15, midway will be"open on Thursday evening and last until Sunday; Mayor's reception is on Wednesday Friendly Ford will pay 100% for the fireworks this year Mr Siler asked for consensus to have the City Attorney to write an ordinance to double the monetary fines for all moving violations in the vicinity of schools and on roads where road construction work is in progress Consensus was 7 in favor Mr Mancinelli asked for consensus to have the City Attorney draft an ordinance giving Code Enforcement the ability to ticket the owner of the automobiles that are parked illegally on private property for the purpose of selling Consensus was 5 in favor Motion by Mr Siler for adjournment; seconded by Mr DiTullio, carried 8-0 Meeting adjourned at 11 00 P m ;)j>~L~ 4~~~J Wanda Sang, City Cle~ APP130VED BY CITY COUNCIL ON JULY 27,1998 BY A VOTE OF ~ TO ~ /--- . ~~r- '\ . ~- / , Don Eafanti, Council Pr~dent -7'''-