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HomeMy WebLinkAbout12/14/1998 December 14.1998 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 23,1998 Motion by Mr Eafanti for the approval of the Minutes of November 23 1998, seconded by Mr Mancinelli, carried 8-0 CITIZENS' RIGHT TO SPEAK Judy Swank questioned why there was no provision in the Comprehensive Plan for the Arts and asked that in future discussions this would be added PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Kaiser Permanente Motion by Mr Siler that Council suspend the Rules and Procedures and allow each Councilmembers to have up to four question periods of five minutes and two three minute summaries, seconded by Mrs Worth, carried 7-1 with Mr DiTullio voting no Item 1 was introduced by Mr Siler; titles read by the Clerk. Mr Middaugh gave overview of the procedures and the events that lead up to the annexations Alan White was sworn in by the Mayor; presented the staff report; answered Councilmembers questions Martin Orner was sworn in by the Mayor and gave the economical evaluations for the two properties CITY COUNCIL MINUTES December 14,1998 Page - 2 - Tom Currigan, representing Kaiser Permanente, was sworn in by the Mayor; they are currently a planned development and are interested in more flexible zoning and without that Council would take away a compelling reason to annex to the City of Wheat Ridge, this is Kaiser's only facility that is not part of a municipality Most landowners view planned development as a potential stumbling block to being able to sell the property because they are more cumbersome in terms of potential developers Susan Altis, representing RTD reiterated what the representative from Kaiser said, when RTD was originally approached by the City of Wheat Ride regarding annexation, they found no compelling reason to proceed, after discussion they viewed it as an opportunity to get the property zoned in one way (they currently have three different zones), it is more of a stumbling block to market property when you have the planned developments A. Resolution 1693 - A Resolution making certain findings of fact regarding the proposed annexation of a parcel of land located in Section 17, Township 3 South, Range 69, West of the Sixth Principal Meridian County of Jefferson, State of Colorado Motion by Mr Siler that Resolution 1693, a Resolution making certain findings of fact regarding the proposed annexation of land known as Kaiser Permanente Ward Road Medical Facility, located at 4803 Ward Road be adopted, seconded by Mrs Worth carried 6-2 with Mrs Shaver and Mrs Dalbec voting no Mrs Dalbec is against these annexations because the desire of the community of Fairmount to incorporate is something we, as a City, should support; we are taking away their opportunity to vote on their incorporation by taking away bits and pieces off, which other larger and smaller cities are doing, it is unethical and she won't support it; if the incorporation didn't pass, she would certainly welcome these two properties into the City of Wheat Ridge Mrs Shaver agrees with Mrs Dalbec, she wants the applicants to know it has nothing to do with them, Council gave their word to Fairmount that they wouldn't look at any annexations until their incorporation situation was settled B 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 Cemetery, in Jefferson County (ANX-98-04) Council Bill 47 was introduced on second reading by Mr Siler' Ordinance No 1141 assigned CITY COUNCIL MINUTES December 14,1998 Page - 3 - Motion by Mr Siler that Council Bill 47 (Ordinance 1141) Case No ANX-98-4, annexing to the City of Wheat Ridge unincorporated territory known as the Kaiser Permanente Ward Road Medical Facility, with an address of 4803 Ward Road, be adopted on second reading, contingent upon the approval of Case No WZ-98-16 establishing the zoning of the property and that the Mayor be authorized to sign and execute the attached Annexation Agreement; seconded by Mr Mancinelli, carried 6-2 with Mrs Dalbec and Mrs Shaver voting no C 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) Motion by Mr Siler that the second reading for Council Bill 48 be rescheduled and advertised for the January 11, 1999 Council meeting, seconded by Mr DiTullio, carried 6-2 with Mrs Dalbec and Mrs Shaver voting no Regional Transportation District D Resolution 1694 - A Resolution making certain findings of fact regarding the proposed Annexation of a Parcel of Land located in Section 20, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado Motion by Mr Siler that Resolution 1694, a resolution making certain findings of fact regarding the proposed annexation of land known as Regional Transportation District Ward Road Park- and-Ride, located at 4695 Ward Road, be adopted, seconded by Mr Mancinelli, carried 6-2 with Mrs Dalbec and Mrs Shaver voting no E 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 Council Bill 49 introduced on second reading by Mr Siler; Ordinance No 1142 assigned CITY COUNCIL MINUTES December 14,1998 Page - 4 - Motion by Mr Siler that Council Bill 49 Case No ANX-98-05 "Annexing to the City of Wheat Ridge unincorporated territory known as the Regional Transportation District Ward Road Park- and-Ride with an address of 4695 Ward Road be adopted that the Mayor be authorized to sign and execute the attached Annexation Agreement, contingent upon the approval of Case No WZ-98-17 establishing the zoning of the property; seconded by Mr Mancinelli, carried 6-2 with Mrs Dalbec and Mrs Shaver voting no F 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 Motion by Mr Siler that the second reading and public hearing for Council Bill 50 be rescheduled and advertised for the January 11, 1999 Council meeting, seconded by Mr Eafanti, carried 6-2 with Mrs Dalbec and Mrs Shaver voting no Item 2. Council Bill 46 - An Ordinance amending Chapter 21, Article IV, Sections 21-151 (1) and (2), of the Code of Laws of the City of Wheat Ridge, County of Jefferson, State of Colorado, concerning courtesy bus shelters Council Bill 46 was introduced on second reading by Mrs Worth, title and summary read by the Clerk, Ordinance No 1143 assigned Mr White was sworn in by the Mayor and gave an overview of the ordinance for second reading which addresses an amendment to the City's current requirements for bus shelter locations Mr DiTullio questioned wether or not the bus shelter on 32nd & Chase (Library) is going to have any advertisement on it. Stating that in one of the earlier discussions they agreed that advertisement in a residential area isn't going to fly Mr Gary Young was present and sworn in by the Mayor Mr Young answered Mr DiTullio's question stating that every 15th shelter that they put in is a non-advertising shelter The bus shelter located at 32nd & Chase would be an appropriate location for non-advertising CITY COUNCIL MINUTES December 14,1998 Page - 5 - Mrs Worth mentioned that three locations that have no bus shelters proposed and she thinks there should be bus shelters located in those spots r.. 44th & Tabor - There is an apartment house and between 44th & 1-70 there are quite a few rentals and duplexes and assuming that they would take the bus if those people had access to a nice bus shelter r.. Holland and 38th Ave - quite a few High School students take the bus going east. ,.. Prospect Park. Mr Siler asked that bus shelters that will be constructed in place of existing RTD bus shelters on 38th and 44th and Wadsworth be moved further back. Mr Mancinelli asked that bike racks be provided at some of the bus shelters Mr Young stated this was not part of their contract, but they would work with staff on that. Mr Mancinelli asked for a shelter at 44th & Pierce Mrs Dalbec asked that the large glass shelter at Lutheran not be removed Mrs Shaver feels that the glass shelters should be left standing Motion by Mrs Worth to adopt Council Bill 46 (Ordinance 1143), approving amendments to Sections 21-151 (1) and (2) of the City's Code of Laws addressing the placement of bus shelters within the City with the following conditions 1 No advertising would be allotted to the bus shelter at 32nd & Chase, 2 that no existing glass shelters that are serviceable, specifically at Lutheran Hospital and 38th & Wadsworth and 44th & Wadsworth be removed, seconded by Mr Eafanti, carried 8-0 Item 3. Council Bill 44 - An Ordinance amending the Wheat Ridge Code of Laws to codify the Home Rule Charter change to a Council-Manager form of government. Council Bill 44 was introduced on second reading by Mr DiTullio, who also read the title and summary Ordinance No 1144 was assigned Motion by Mr DiTullio for the approval of Council Bill 44 (Ordinance 1144), seconded by Mr Eafanti Motion by Mrs Dalbec for an amendment that any references to his be changed to his/or her' seconded by Mrs Worth, carried 6-2 with Mr DiTullio and Mrs Shaver voting no Motion carried 7-1 with Mr Siler voting no CITY COUNCIL MINUTES December 14,1998 ORDINANCES ON FIRST READING Page - 6 - Item 4. Council Bill 52 - An Ordinance Prohibiting Parking for the purpose of selling a vehicle Council Bill 52 was introduced on first reading by Mr Mancinelli, title and summary read by the Clerk. Motion by Mr Mancinelli that Council Bill 52 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 Siler Motion by Mr DiTullio for an amendment under Section (6) that it read "The vehicle may be parked upon the street immediately adjacent to the residential property relied upon" and delete everything else, seconded by Mrs Shaver; tied 4-4 with Councilmembers Dalbec, DiTullio, Worth, and Shaver voting yes, Mayor broke the tie by voting no Motion failed 5-4 Motion by Mrs Worth for an amendment under Section (6 c) that it read "In the event the owner of the vehicle is not the owner of the residential zoned property relied upon for compliance with this Section such vehicle owner must obtain the permission of such property owner in writing ", seconded by Mr Siler; carried 5-3 with Mrs Dalbec Mrs Shaver and Mr DiTullio voting no Motion by Mrs Worth to add under Section 26-31 (G) (3) that it read "Vehicles considered to be parked for the principal purpose of sale on any private driveway or private property must be reported by the owner or manager of such property to the Planning and Development Department before issuance of an appropriate citation ", seconded by Mrs Shaver; tied 4-4 with Councilmembers Dalbec, DiTullio, Worth and Shaver voting yes, Mayor broke the tie by voting no Motion failed 5-4 Motion by Mrs Dalbec for an amendment to delete Section (6) b , seconded by Mrs Worth, tied 4-4 with Councilmembers Dalbec, Shaver, DiTullio and Worth voting yes, Mayor broke the tie by voting no Motion failed 5-4 Motion by Mr Siler for an amendment to for Section (6) b to read "Only one vehicle at any time may be parked with the principle purpose of sale except in hardship cases and exception may be granted by the City Planning Department", seconded by Mrs Worth Motion by Mrs Worth for an amendment to Mr Siler's amendment for the sentence to read "Only one vehicle at any time may be parked for the principle purpose of sales except in hardship cases and exception may be granted by the Director of Planning in writing" CITY COUNCIL MINUTES December 14,1998 Page - 7 - Amendment accepted by Mr Siler Motion with amendment(s) tied 4-4 with Councilmembers Siler, Dalbec, Shaver and Worth voting yes, Mayor broke the tie by voting no Motion failed 5-4 Motion by Mrs Shaver to amend the original motion in Section 1, paragraph (2) to delete the second sentence On page 2 of the Ordinance under Section (6), second paragraph to be numbered paragraph (7) and a. band c. be listed under paragraph (7), seconded by Mr Siler; carried 8-0 Mrs Worth will be voting against this Ordinance as she is appalled that they are taking the rights away from the citizens and she doesn't think this Ordinance is needed Mr DiTullio feels this whole thing is ridiculous, it takes away peoples rights and it's too much government. Mr Siler is sorry that the other districts will not support this Ordinance because it is a problem for District II Mrs Shaver mentioned that they already have laws in the book to take care of this problem Mr DiTullio remarked that the only sections needed in this Ordinance are Sections 1, 3, 4, and 5, all the other sections aren't needed Mrs Dalbec agrees with Mrs Shaver and feels that the property owners should put up a sign threatening to have the cars towed Mr Siler stated that he brought this Ordinance forward because of a specific problem within his District, Wadsworth and 44th Avenue are inundated as used car lots Mr Siler has a stack of complaints to verify that this is a problem He reminded Council that he was elected to represent District II in every matter and he will do whatever it takes to get the job done Motion for an amendment by Mr DiTullio to delete Sections 2, 6, and 7 and renumber the Ordinance accordingly; seconded by Mrs Worth, tied 4-4 with Councilmembers Dalbec, Worth, DiTullio and Shaver voting yes Mayor broke the tie by voting no Motion failed 5-4 Motion by Mrs Shaver to delete Sections 6 & 7, seconded by Mrs Worth, tied 4-4 with Councilmembers Dalbec, Worth Shaver and DiTullio voting yes Mayor broke the tie by voting no Motion failed 5-4 Motion by Mrs Shaver for an amendment to delete Section 7 including paragraphs a band c., seconded by Mrs Worth CITY COUNCIL MINUTES December 14,1998 Page - 8 - Motion by Mr Siler to go past eleven to complete Agenda Items 5, 7(C),(E),(J) and (K) and the remainder of the Agenda to be finished on December 21 1998 seconded by Mr Mancinelli carried 6-2 with Mr Eafanti and Mrs Dalbec voting no Amendment by Mrs Shaver failed 3-5 with Councilmembers Worth, Shaver and DiTullio voting yes Main Motion with amendments carried 5-3 with Councilmembers Dalbec Worth, and Shaver voting no DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. 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 Mrs Dalbec asked for clarification on some of the expenditure items Motion by Mrs Shaver to temporarily delete the dumbbells for the Anderson Building off the expenditure items, seconded by Mrs Dalbec; failed 5-3 with Councilmembers Dalbec, Worth and Shaver voting yes Original Motion carried 8-0 Item 7. Consent Aaenda. C Selection of Computer/Software vendor for Police Department system E Resolution 1696 - A resolution levying General Property Taxes for the year of 1998, to help defray the costs of government for the City of Wheat Ridge Colorado for the 1999 Budget year J Approval of additional costs to print Bid Documents for the Wheat Ridge Recreation Center K. Sanitary Sewer Fee for the Wheat Ridge Recreation Center Motion by Mr Siler to approve Agenda Item 7 C E J and K. seconded by Mr DiTullio carried 8-0 Motion by Mr Siler to adjourn, seconded by Mrs Dalbec failed 5-3 with Councilmembers Dalbec, DiTullio and Siler voting yes CITY COUNCIL MINUTES December 14,1998 Page - 9 - Motion by Mrs Shaver to suspend the rules and have Mr Jack Hurst introduce his friend seconded by Mrs Worth, carried 5-3 Mr Hurst introduced the Police Departments' crime prevention puppet named Officer 011 ie that will be used by the Police Department in the schools Motion by Mr Siler to adjourn, seconded by Mrs Dalbec, carried 8-0 Meeting adjourned at 11 17 P m ! )' , . J.." ,j. i Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON DECEMBER 21,1998 BY A VOTE OF ----L TO ~ / - Gre~hen Cerveny~Mayor