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
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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
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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
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Wanda Sang, City Clerk
APPROVED BY CITY COUNCIL ON DECEMBER 21,1998 BY A VOTE OF ----L TO ~
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Gre~hen Cerveny~Mayor