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Home My WebLink About10/12/1998 October 12. 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 Ralph Mancinelli Janelle Shaver Ken Siler and Claudia Worth Don Eafanti 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, Director of Public Works, Bob Goebel, staff" and interested citizens APPROVAL OF MINUTES OF September 28,1998 Motion by Mr Siler for approval of the Minutes of September 28, 1998, seconded by Mr Mancinelli, carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny presented proclamations for Domestic Violence Awareness Month - October 1998 Wheat Ridge Hospice Month - November 1998 Family History Day - November 7,1998 CITIZENS' RIGHT TO SPEAK Judy Capra, 4290 Teller Street, spoke about the wetlands on the Stevens Elementary School and Wheat Ridge Middle School grounds She is a biologist and was impressed with the site about how biologically rich it is after such a short amount of time, there are cattails, rushes, willows currant bushes, etc There were dragonflies, butterflies, nesting redwing blackbirds mallards killdeer She is the science program specialist for the Jefferson County Schools Mr DiTullio asked for consensus to schedule a meeting in November with the School Board to get this resolved one way or the other Consensus was 6 in favor that we schedule a meeting with the School Board in November to get this resolved one way or the other CITY COUNCIL MINUTES October 12,1998 Page - 2 - Kit Kimball, 3290 Field Street, speaking as co-chairman of "Save Open Space campaign, reminded the voters and citizens of Wheat Ridge how important this issue is Issue 1 A. will allow the County to issue revenue bonds, they will get about 160 million up front that they can use to purchase lands before they are all gone, if they wait to accumulate the dollars some of these lands will already be sold Taxes will stay the same they will not go up The 1/2% sales tax we already pay will go to payoff the revenue bonds The dollars will be used for acquisition only Kenneth King, 2949 Vivian Street, complained about beer bottles and other trash dumped over a bridge in the park in his neighborhood and wondered who was responsible to pick it up The Park is actually in Lakewood, but Wheat Ridge put money into it. (Mr Middaugh will follow up on this, maintenance is the responsibility of the City of Lakewood) Motion by Mr DiTullio to add two items to the Agenda Item 9 A. Consideration for construction agreements to repair storm water lines on 34th Avenue Item 9 B Consideration of office furniture for the Clerk's Office, seconded by Mrs Worth, carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 33 - An Ordinance providing for the approval of rezoning from Residential- Two (R-2) to Restricted Commercial-One (RC-1) for the property located at 6410 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-98-14) (Marcie Emily) Council Bill 33 was introduced on second reading by Mr Siler; title and summary read by the Clerk, Ordinance No 1133 assigned Applicant Marcie Emily asked for approval of her application and answered questions Alan White was sworn in by the Mayor and presented the staff report. Richard Hall, 4375 Lamar Street, was sworn in by the Mayor; he owns property abutting to Ms Emily's property; he feels her plan will increase the property value in the area and the six ft fence will create a buffer between 44th and housing on the south side A small professional building lends itself to the neighborhood CITY COUNCIL MINUTES October 12,1998 Page - 3 - Motion by Mr Siler to adopt Council Bill 33 (Ordinance 1133) approving Case No WZ-98-14 and to rezone from Residential-Two to Restricted Commercial-One the property located at 6410 West 44th Avenue, for the following reasons 1 It is consistent with the Comprehensive Plan 2. Parcels to the northwest are zoned Restricted Commercial-One 3 Minimal impacts are anticipated with the rezoning 4 Approval of this request will allow for a positive redevelopment of this property With the following conditions 1 A six foot screening fence be constructed between the proposed office building and the adjacent residential structure along the south property line 2 The existing two-car garage is to be used for required on-site parking spaces only No additional leasable space will be permitted within the garage area 3 All uses in the Restricted Commercial One zone district be allowed with the exception of preschools, day care nurseries or charter schools, seconded by Mr Mancinelli carried 7-0 Item 2. Council Bill 32 - An Ordinance amending Section 26-20 (B), and (E), 26-21 (E) and 26-22 (B) of the Code of Laws, concerning counseling and treatment clinics in the R-C, R-C 1 and C-1 Zone Districts City of Wheat Ridge, County of Jefferson, State of Colorado Council Bill 32 was introduced on second reading by Mr Siler; title and summary read by the Clerk; Ordinance No 1134 assigned Alan White presented the staff report. Motion by Mr Siler to adopt Council Bill 32 (Ordinance 1134) amending Sections 26-20 (B) and (E) 26-21 (E) and 26-22 (B) of the City of Wheat Ridge Code of Laws, and establishing consistent language in the commercial zone districts dealing with counseling and treatment clinics, seconded by Mr DiTullio, carried 7-0 Motion by Mrs Worth to ask Mr Dahl to bring an ordinance addressing residential counseling facilities and alcohol related facilities in the commercial-one zone districts, that they be put under a special use permit; seconded by Mr Siler; carried 7-0 ORDINANCES ON FIRST READING Item 3. Council Bill 34 - An Ordinance approving demolition of two municipally owned buildings Council Bill 34 was introduced on first reading by Mr Mancinelli title and summary read by the Clerk. CITY COUNCIL MINUTES October 12,1998 Page - 4 - Motion by Mr Mancinelli that Council Bill 34 be approved on first reading ordered published, public hearing be set for Monday, November 9, 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 Siler Motion by Mrs Dalbec for an Amendment that this Ordinance go to the Park Commission for feedback prior to the 2nd reading, seconded by Mrs Shaver; carried 5-2 with Mr Donnelly and Mr Siler voting no Original Motion with Amendment carried 7-0 Motion by Mrs Shaver that staff inquire about the cost of the cleanup for the brick office building and come forward with figures on the possibility of City use or as a rental to generate revenue for the City; seconded by Mrs Dalbec carried 5-2 with Mr Donnelly and Mr Siler voting no Item 4. Council Bill 35 - An Ordinance concerning Animal Control Council Bill 35 was introduced on first reading by Mrs Shaver; title and summary read by the Clerk. Motion by Mrs Shaver that Council Bill 35 be approved on first reading, ordered published, public hearing be set for Monday, November 9, 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 DiTullio Motion by Mrs Worth for an amendment under Section 4 (H) to read "The Chief of Police may promulgate rules and regulations to establish minimum standards for the care and treatment of animals at any facility licensed under this section, after review and approval by the animal welfare and control commission ", seconded by Mrs Dalbec, carried 7-0 Motion by Mrs Worth for an amendment under Section 4 (I) to read "Animal Park Enforcement Officers or any agent of the Chief of Police have the authority to inspect any licensed facility under this section during normal business hours as posted on the kennel" Motion dies for lack of second Motion by Mrs Worth for an amendment under Section 4 (I) that the words" normal business hours be between 7 00 a m to 5 00 P m daily" seconded by Mrs Dalbec carried 5- 2 with Mr Donnelly and Mr DiTullio voting no Original Motion with Amendments carried 5-2 with Mrs Worth and Mr DiTullio voting no CITY COUNCIL MINUTES October 12,1998 Page - 5 - Item 5. Council Bill 36 - An Ordinance amending Section 26-6, Legislative and Administrative Process and Procedures, of the Wheat Ridge Code of Laws pertaining to procedures for right-of-way vacations City of Wheat Ridge, County of Jefferson State of Colorado Council Bill 36 was introduced on first reading by Mr DiTullio who also read the title and summary Motion by Mr DiTullio that Council Bill 36 be approved on first reading, ordered published, public hearing be set for Monday, November 9 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; carried 7-0 Motion by Mrs Shaver that prior to 2nd reading for this Ordinance staff provide Council with a detailed written memo or a presentation at a future Study Session before November 9, 1998 to review this Ordinance, seconded by Mrs Worth, carried 5-2 with Mr Siler and Mr DiTullio voting no Item 6. Council Bill 37 - An Ordinance providing for the approval of amendments and additions to the Code of Laws for the City of Wheat Ridge by reference of the 1997 Uniform Fire Code, City of Wheat Ridge, County of Jefferson State of Colorado Council Bill 37 was introduced on first reading by Mr Siler; title read by the Clerk. Mr White explained that this is updating the Uniform Fire Code from 1991 to 1997 Motion by Mr Siler that Council Bill 37 be approved on first reading, ordered published, public hearing be set for Monday, November 23, 1998 at 7 00 P m in City Council Chambers, Municipal Building, and further moved that this ordinance be sent back to the Wheat Ridge Fire Protection District for review in regards to the historical preservation ordinance and that it be staffed through the Fairmount and Arvada Fire Protection Districts with the Historical Preservation Ordinance attached, brought to Study Session November 16, 1998 for discussion, and if approved on second reading, take effect 15 days after final publication seconded by Mrs Dalbec, carried 7-0 Item 7. Council Bill 38 - An Ordinance amending and adopting the 1997 Uniform Building Code and adopted in Chapter 5 of the Code of Laws of the City of Wheat Ridge relating to buildings and building regulations Council Bill 38 was introduced on first reading by Mr Donnelly; title and summary read by the Clerk. CITY COUNCIL MINUTES October 12,1998 Page - 6 - Motion by Mr Siler that Council Bill 38 be approved on first reading, ordered published, public hearing be set for Monday, November 23, 1998 at 700 P m in City Council Chambers, Municipal Building and further moved that this Ordinance be sent to the Building Code Advisory Board to review the fee structure and this Uniform Building Code in regards to the preservation Ordinance and be scheduled for a Study Session on the 16th of November, 1998 for discussion and if approved on second reading, take effect 15 days after final publication seconded by Mrs Dalbec, carried 7-0 Item 8. Council Bill 39 - An Ordinance prohibiting parking for the purpose of selling a vehicle Council Bill 39 was introduced on first reading by Mr Mancinelli title and summary read by the Clerk. Motion by that Council Bill 39 be approved on first reading, ordered published, public hearing be set for Monday November 23, 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; failed 5-2 with Mr Donnelly and Mr Mancinelli voting yes DECISIONS. RESOLUTIONS. AND MOTIONS Item 9. Amendments to the Neighborhood Traffic Management Program Mr DiTullio introduced Item 9 and read the summary Joanne Kadish 3096 Vivian Street, spoke in support of the bonus points feels the area of impact is too broad, suggested that the plan presented to Council be voted on first by the homeowners in the petitioning area and make provisions for absentee voting for homeowners who can't attend the meeting Kenneth King, 2949 Vivian Street, questioned the correctness of the data provided, he collected his own data and the maximum cars were 16, suggested we get good data before making a decision and make sure that you communicate with everybody Denver Johnson, 2948 Vivian Street, stated the entire neighborhood has to be properly informed look at alternative solutions other than speed humps, islands, flower pots etc If people were informed to slow down he feels we would get reasonable results We already have our rules and our laws rather than change them, enforce them CITY COUNCIL MINUTES October 12,1998 Page - 7 - Motion by Mr DiTullio that the Neighborhood Traffic Management Program be amended to provide the following 1 A bonus point for each percentage point of traffic traveling in excess of 35 mph on a neighborhood road section 2 Elimination of the variance or appeal by a neighborhood to the City Council in the event sufficient points are not received to participate in the NTMP 3 Add the opportunity for a neighborhood to purchase a speed hump at cost when sufficient points are not amassed to participate in the NTMP and when 75% of the neighborhood is in support of purchase of a speed hump subject to (a) the neighborhood road section meeting engineering standards for drainage and safety' (b) a finding of no adverse impact on other roads as a result of the construction of the speed humps, seconded by Mr Siler Mrs Dalbec asked for a friendly amendment to add to bring the whole program back in six months This was accepted, Motion carried 7-0 Motion by Mr DiTullio that the neighborhood traffic management program be amended to provide the following 4 Prior to the determination of design for a specific traffic management tool the Public Works Department shall conduct a meeting with the immediate petitioning area to allow review and comment on design elements seconded by Mr Donnelly; carried 7-0 Item 9. A. Consider construction agreements to repair storm water lines on 34th Avenue Mr DiTullio introduced this item and read the title and summary Motion by Mr DiTullio that the Director of Public Works be authorized to issue a change order or to enter into construction agreements for an amount not to exceed $12 500 for sealing the Webster Street and West 34th Avenue storm sewer and for the construction of a cut-off wall to block ground water flows through the pipe bedding material in lieu of cleaning the affected property owners wells, seconded by Mrs Worth carried 7-0 Item 9.B. Consideration of furniture for Clerk's Office Motion by Mr DiTullio that the Office furniture be purchased for the City Clerk's Office with $500 being transferred from Acct. No 108-728, $2,500 from Acct. No 108-702, $368 from Acct. No 108-706 to Acct. 108-802 I further move the budget be amended accordingly; seconded by Mrs Worth, carried 7-0 Item 10. 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 Shaver; carried 7-0 CITY COUNCIL MINUTES October 12,1998 Page - 8 - Item 11. CONSENT AGENDA: A. Recreation Center Precast Floors Contract Amendment. B Bid Award for Computer Generated Color Coded Labeling System, RFB #98- 36 C Appointment to CML Policy Committee (Claudia Worth) Item 11 was introduced by Mrs Worth, who also read the titles Motion by Mrs Worth for approval of the Consent Agenda, seconded by Mr Siler' carried 7-0 CITY MANAGER'S MATTERS Mr Middaugh informed Council that we have received annexation petitions from RTD and Kaiser and distributed copies to Council ELECTED OFFICIALS MATTERS Mrs Dalbec asked to put a discussion regarding curfew on a future study session She has had complaints about trash in the parks and ballfields after games and wondered what could be done about it. Mr Mancinelli reminded citizens of the program that Jefferson County Housing Authority provides for low interest loans for emergency repairs for qualified applicants Mr Siler has concerns with Judge Davis giving a refund to people who send their fines in by mail and he is doubling the refund for people who pay the double fine for speeding in school zones Motion by Mr Siler that Mr Middaugh relate to Judge Davis that the intent of the doubling fines ordinance was a $25 00 fine doubled to $50 00 as a minimum, don't discount at all for school zones or construction zones seconded by Mr DiTullio, carried 7-0 Motion by Mr DiTullio to adjourn, seconded by Mr Donnelly; carried 7-0 Meeting adjourned a111 20 p m ( ----" I . , J.. ~ '\I . , Wanda Sang City Clerk' APPROVED BY CITY COUNCIL ON OCTOBER 26,1998 BY A VOTE OF ~ TO ~ c-- ---1-.f, '-J ~ "',' ".:...--t.:..- Don Eafanti, Cou il President