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HomeMy WebLinkAbout11/23/1998 November 23. 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 November 9,1998 Motion by Mr Eafanti for the approval of the Minutes of November 9, 1998, seconded by Mr Mancinelli, carried 8-0 CITIZENS' RIGHT TO SPEAK American Legion Post 161 presented a check to the City in the amount of $1 ,800 to sponsor the medium size garden in the green area of the Veterans Memorial in front of City Hall Bob Appelhanz, Wheat Ridge Fire Department, stated that the Fire Department has been given a grant to purchase a helmet called "Infrared Vision"; in order to receive this grant, W R. Fire Department must match this grant. Each helmet is valued at $25,000 They need to raise $12,500 by December 31 to take advantage of the EMS grant. They have held numerous fund raisers, but are still $7 500 short. Motion by Mr Mancinelli that the City of Wheat Ridge give a loan of $7,500 to the Wheat Ridge Fire Department and that the money be from the General Fund, I further move that the loan be paid back by December 31 1999 at 0% interest; seconded by Mrs Dalbec, carried 8-0 CITY COUNCIL MINUTES November 23,1998 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 40 - An Ordinance vacating a portion of Marshall Street within the City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WV-98-04) Council Bill 40 was introduced on second reading by Mr Siler" title and summary read by the Clerk, Ordinance No 1138 assigned Jon Bradley, appearing on behalf of the applicants, was sworn in by the Mayor; he asked for approval of the vacation Sean McCartney, City Planner, was sworn in by the Mayor and presented the staff report. Motion by Mr Siler that Council Bill 40 (Ordinance 1138) a request for approval of a right-of- way vacation of an unused portion of Marshall Street (approximately 6465 West 48th Avenue), be approved for the following reasons 1 The property is, and has always been unused for street or access purposes 2 The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service 3 The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan seconded by Mr Mancinelli, failed 5-3 with Councilmembers Mancinelli, Siler, and Donnelly voting yes Item 2. Council Bill 39 - An Ordinance prohibiting parking for the purpose of selling a vehicle Council Bill 39 was introduced on second reading by Mr Siler; title and summary read by the Clerk, Ordinance No 1138 assigned Mr Middaugh explained that this Ordinance would provide a tool for Code Enforcement to speedily go after violators This should not affect private property owners trying to sell their vehicle on their property Jerry Fay, 1220 Wadsworth Blvd, Executive Director of the Colorado Independent Automobile Dealers Association, was sworn in by the Mayor and asked for passage of this Ordinance His association has no problem with private sales of vehicles by their owners they do object to the sale of automobiles by unlicenced dealers CITY COUNCIL MINUTES November 23,1998 Page - 3 - Motion by Mr Mancinelli for the approval of Council Bill 39 (Ordinance 1138) seconded by Mr Eafanti Motion by Mr DiTullio to postpone Council Bill 39 indefinitely; seconded by Mrs Dalbec, tied 4-4 with Councilmembers Worth, Shaver DiTullio and Dalbec voting yes Mayor Cerveny broke the tie by voting no Motion failed 5-4 Motion by Mr Siler to postpone Council Bill 39 to the December 14 Council Meeting and ask Mr Dahl to correct the verbiage in this ordinance to close the gap on leasing cars on a commercial property for an individual to sell them and to fix it up to allow a person or persons to sell a vehicle on private property; seconded by Mr DiTullio Motion for an amendment by Mr DiTullio that this go through first and second reading again, that we publish this again so the public knows what they are getting, seconded by Mrs Worth, carried 5-3 with Councilmembers Eafanti Donnelly, and Mancinelli voting no Motion by Mr Siler that this be postponed until December 14 and be brought back for first reading at that time and that Mr Dahl re-write it so that it closes the gap where a person can go and lease commercial property for a month at a time for the explicit purpose to sell a car and to allow a person to sell a car on private property and that that car doesn't necessarily have to belong to that person, seconded by Mr Mancinelli Mrs Worth objected that this motion was different than Mr Siler's original motion and requested that the tape be reviewed to hear the original motion The Mayor ruled that this was a point of order Motion by Mr DiTullio for an amendment to the main motion that the City Attorney be directed to close the gap on the vehicles on commercial property and takes care of the residential property like Mr Siler mentioned earlier; seconded by Mr Siler; carried 5-3 with Councilmembers Eafanti, Mancinelli and Dalbec voting no Vote on Mr Siler's motion as amended tied 4-4 with Councilmembers Eafanti, Mancinelli, Siler, and Donnelly voting yes Mayor broke the tie by voting yes Motion carried 5-4 Item 3. Council Bill 45 - An Ordinance repealing the lodger's tax applicable to mortuary accommodations Council Bill 45 was introduced on second reading by Mr Siler; title and summary read by the Clerk; Ordinance No 1138 assigned CITY COUNCIL MINUTES November 23,1998 Page - 4 - Mr Dahl suggested additional corrections to the Ordinance The word "mortuary" be deleted from Subsection 22-21 Section 22-21 also be amended by amending the definition of Hotel Room In Section 22-50(b) the 5% lodgers tax rate, should now read 10% Motion by Mr Siler for the approval of Council Bill 45 (Ordinance 1138) with recommended notations from Mr Dahl seconded by Mr Eafanti carried 8-0 Item 4. 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 second reading by Mr Siler; title and summary read by the Clerk, Ordinance No 1139 assigned Mr Middaugh made opening statements explaining the Ordinance Motion by Mr Siler that Council Bill 37 (Ordinance 1139) be adopted thereby approving the amendments and additions to the 1997 Uniform Fire Code as stated herein and applying them to the City of Wheat Ridge Code of Laws by reference and adoption, seconded by Mr Eafanti, carried 8-0 Item 5. 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 second reading by Mr Donnelly; title and summary read by the Clerk, Ordinance No 1140 assigned Motion by Mr Donnelly that Council Bill 38 (Ordinance 1140) be adopted, thereby approving the amendments and additions to the 1997 Uniform Building, Plumbing, Mechanical codes and the 1997 Uniform Code for the Abatement of Dangerous Buildings 1997 Uniform Housing Code as stated herein and applying them to the City of Wheat Ridge Code of Laws by reference and adoption, seconded by Mrs Dalbec. Amendment by Mr DiTullio that the entire table of fees be directed to be included in the Ordinance and updated yearly' seconded by Mrs Dalbec' carried 8-0 CITY COUNCIL MINUTES November 23,1998 Page - 5 - Motion by Mrs Worth to amend the Ordinance to eliminate the requirement for storage sheds of 120 sq ft. or less to require a permit; seconded by Mr Donnelly; tied 4-4 with Councilmembers Dalbec Worth, Shaver, and Donnelly voting yes Mayor broke tie by voting yes Motion carried 5-4 Vote on original motion as amended carried 7-1 with Mr DiTullio voting no Item 6. Public Hearing for 1999 Budget. There was no one present to speak. Motion by Mr DiTullio to suspend the rules and hear Item 15 after Agenda Item 6.A., seconded by Mr Siler; carried 8-0 Item 6. A. Reconsideration of Council Bill 34 (Ordinance 1137) approving demolition of one municipally owned building (Vetoed by the Mayor on 11/15/98) Motion by Mr DiTullio to reconsider Council Bill 34 seconded by Mr Eafanti, carried 6-2 with Mrs Worth and Mrs Dalbec voting no Motion by Mr DiTullio that Council Bill 34 be postponed to a Study Session on January 18, 1999, seconded by Mr Siler Amendment by Mrs Worth that the staff bring in the appropriate documents on the plan for what they are going to do with the property, what is going to be built, how they are going to address the geological problems on the bluff and any other pertinent information that has not been provided for us at this time, seconded by Mr Siler Friendly Amendment by Mrs Dalbec that there be a public hearing Vote on Amendment carried 8-0 Vote on original motion 8-0 CITY COUNCIL MINUTES November 23,1998 DECISIONS. RESOLUTIONS. AND MOTIONS Page - 6 - Item 15. Parfet Street Neighborhood Traffic Calming Conceptual Plan Dave Kotecki, Senior Project Engineer, gave brief presentation and answered Councils questions The following speakers were sworn in by the Mayor' Karla Nostas, 3500 Parfet Street, Bonnie Meyer, 3599 Parfet Street, Richard Cauchi, 3551 Parfet Street. They urged Council to support this project for Parfet Street; they have a serious traffic problem on their street; asked that the third slow point be adjusted, thanked Council and others who have spend so much time on this Motion by Mr Eafanti that the conceptual plan for traffic calming on Parfet Street (between 32nd and 38th Avenues) be approved as suggested by the Public Works Department and accepted by the neighborhood I further move that the Public Works staff be authorized to commence detailed design for this project; seconded by Mrs Shaver Mr Siler asked for a friendly amendment that funds be authorized from calendar year 1998 budget and be authorized for expenditure on this project in 1999 This was accepted as a friendly amendment. Motion carried 8-0 ORDINANCES ON FIRST READING Item 7. Council Bill 41 - An Ordinance amending and restating in its entirety Section 16- 110 of the Wheat Ridge Code of Laws Council Bill 41 was introduced on first reading by Mrs Worth, title read by the Clerk. Motion by Mrs Worth that Council Bill 41 be approved on first reading, ordered published, public hearing be set for Monday, January 11, 1999 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 Mancinelli, carried 8-0 Item 8. Council Bill 42 - An Ordinance adding a prohibition against criminal tampering to Article III of the Wheat Ridge Code of Laws Council Bill 42 was introduced on first reading by Mrs Worth, title read by the Clerk. CITY COUNCIL MINUTES November 23,1998 Page - 7 - Motion by Mrs Worth that Council Bill 42 be approved on first reading, ordered published, public hearing be set for Monday January 11 1999 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 Mrs Dalbec; carried 8-0 Item 9. Council Bill 43 - An Ordinance adding a prohibition against violation of bail bond conditions to Article V of the Wheat Ridge Code of Laws Council Bill 43 was introduced on first reading by Mr DiTullio who also read the title Motion by Mr DiTullio that Council Bill 43 be approved on first reading, ordered published, public hearing be set for Monday January 11, 1999 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 8-0 Item 10. Council Bill 47 - An Ordinance annexing to the City of Wheat Ridge unincorporated territory known as Kaiser Permanente Ward Road Medical Facility generally located south of Colorado and Southern Railroad Tracks, north of the Regional Transportation District Ward Road Park-and-Ride, west of Ward Road and east of Mount Olivet Cemetary, in Jefferson County (ANX-98-04) Council Bill 47 was introduced on first reading by Mr Siler' title read by the Clerk. Motion by Mr Siler that Council Bill 47 be approved on first reading ordered published, public hearing be set for Monday, December 14,1998 at 700 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication with the following condition that Planning Commission will meet to provide comments even if it requires a special session, seconded by Mr DiTullio, carried 6-2 with Mrs Dalbec and Mrs Shaver voting no Item 11. Council Bill 48 - An Ordinance zoning certain property known as Kaiser Permanente Ward Road Medical Facility generally located west of Ward Road north of the Regional Transportation District Ward Road Park-and-Ride Facility, south of Colorado and Southern Railroad Tracks east of Mount Olivet Cemetary, within the City of Wheat Ridge, Colorado, as Commercial-One (C-1) pursuant to Section 26-22 of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and Map to conform therewith (Case No WZ-98-16) Council Bill 48 was introduced on first reading by Mr Siler; title read by the Clerk. CITY COUNCIL MINUTES November 23,1998 Page - 8 - Motion by Mr Siler that Council Bill 48 be approved on first reading, ordered published, public hearing be set for Monday December 14 1998 at 700 P m in City Council Chambers Municipal Building, and if approved on second reading, take effect 15 days after final publication with the following condition that the Planning Commission will meet to provide comments to Council even if it requires a special session, seconded by Mr Eafanti Amendment by Mrs Shaver on the first page in the seventh line of the title have the words Commercial-One C-1 changed to Planned Commercial Development; seconded by Mrs Worth Amendment was declared a Substitute Motion and overruled by the Mayor Motion by Mrs Worth that the Mayor's decision be over-ridden, seconded by Mrs Shaver; failed 4-4 with Councilmembers Siler, Shaver, Dalbec and Worth voting yes Vote on original motion carried 5-3 with Councilmembers Dalbec, Worth and Shaver voting no Item 12. Council Bill 49 - An ordinance annexing to the City of Wheat Ridge unincorporated territory known as Regional Transportation District Ward Road Park-and-Ride facility generally located south of Kaiser Permanente Ward Road Medical Facility north of Interstate 70, west of Ward Road and east of Mount Olivet Cemetary, in Jefferson County (Case No ANX-98-05) Council Bill 49 was introduced on first reading by Mr Siler; title read by the Clerk. Motion by Mr Siler that Council Bill 49 be approved on first reading, ordered published, public hearing be set for Monday, December 14, 1998 at 700 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication with the following condition that the Planning Commission will meet to provide comments to Council even if it requires a special session, seconded by Mr Eafanti, carried 6-2 with Mrs Dalbec and Mrs Shaver voting no CITY COUNCIL MINUTES November 23,1998 Item 13. Page - 9 - Council Bill 50 - An ordinance zoning certain property known as Regional Transportation District Ward Road Park-and-Ride Facility generally located west of Ward Road, north of Interstate 70, south of the Kaiser Permanente Ward Road Medical Facility, east of Mount Olivet Cemetary, within the City of Wheat Ridge, Colorado, as Commercial-One (C-1) pursuant to Section 26-22 of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and Map to conform therewith (Case No WZ-98-17) Council Bill 50 was introduced on first reading by Mr Siler; title read by the Clerk. Motion by Mr Siler that Council Bill 50 be approved on first reading ordered published, public hearing be set for Monday December 14, 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 with the following condition that the Planning Commission will meet to provide comments prior to that meeting even if it requires a special session, seconded by Mr Mancinelli Mrs Dalbec votes no with the primary objection being that the Planning Commission haven't had the chance to hear these Ordinances and because the people who live in that area have gathered together and have an initiative that they brought to the County and to the State in order to incorporate into a City She feels that they have the right to have that process go forward per the Constitution of the State Mrs Shaver votes against these annexations and rezoning because last summer when the Fairmount people came in to a Study Session Council as much as promised them that they will not consider any annexations until after they decide whether or not they are going to become a City Vote on motion carried 5-3 with Mrs Dalbec, Mrs Worth and Mrs Shaver voting no Item 14. Council Bill 51 - An ordinance providing for the approval of rezoning from Residential-Three (R-3) and Agricultural-One (A-1) to Residential-One B (R-1 B) and Residential-1 C (R-1 C) properties generally bounded by Miller Court to the east, West 41 st Avenue/Place to the north Parfet Street to the west, and West 38th Avenue/Place to the south, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-98-07) Council Bill 51 was introduced on first reading by Mrs Shaver' title read by the Clerk. CITY COUNCIL MINUTES November 23,1998 Page - 10 - Motion by Mrs Shaver that Council Bill 51 be approved on first reading, ordered published, public hearing be set for Monday December 21 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, carried 8-0 Item 16. 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 Siler; carried 8-0 Item 17. CONSENT AGENDA. A. Supplemental Appropriation for 1998 legal expenditures B Resolution 1690 - authorizing the Mayor and City Clerk to sign the Jefferson County Open Space "Certification form request for payment and certification of use of funds" requesting reimbursement for the playground improvement project at Stites Park. C Resolution 1691 - authorizing the Mayor and City Clerk to sign the Jefferson County Open Space "Certification form request for payment and certification of use of funds" requesting reimbursement for the playground construction at 37th & Upham D Robb Street Drainage Improvements E. Wood Privacy Fence at Public Works Shops (RFB #98-39) F Resolution 1692 - providing for a supplemental budget appropriation for the compensated absence fund G Purchase of Patrol Cars - 1998 Fleet Replacement. H Acceptance of Quit Claim Deed for right-of-way at 3505 Garrison Street. Mrs Worth introduced the Consent Agenda and read the titles Motion by Mrs Worth for the approval of the Consent Agenda Items A, B, C D F G and H seconded by Mr Siler; carried 8-0 CITY COUNCIL MINUTES November 23,1998 Page - 11 - Mrs Dalbec questioned the Consent Agenda Item E Motion by Mrs Dalbec for approval of Consent Agenda Item E seconded by Mr DiTullio, carried 8-0 Item 18. CML Report from Claudia Worth Mrs Worth informed Council of the CML meeting and gave a brief overview Mrs Worth expressed concern about an upcoming Bill for non-profit property tax exemption Consensus was 8 in favor to ask the majority leaders and minority leaders to come to a Study Session Mr DiTullio will contact them for dates Consensus was 8 in favor to ask Senator Perlmutter and Representative Keller to also come to the Study Session ELECTED OFFICIALS MATTERS Ron Patera asked that Councilmembers call him during the work day to get information rather than asking him during the Council meeting He will be better prepared to give detailed information that way Mrs Dalbec and Mrs Shaver asked that any important information be delivered to Council instead of relying on the fax machine Neither one of them has received a copy of the Mayor's veto Motion by Mrs Shaver to adjourn, seconded by Mr DiTullio, carried 8-0 Meeting adjourned at 10 58 P m (~".( rt~ Wanda Sa~g, City BY CITY COUNCIL ON DECEMBER 14,1998 BY A VOTE OF ~ TO ~