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HomeMy WebLinkAbout01/11/1999 January 11. 1999 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 Manager, Robert Middaugh, City Attorney, Gerald Dahl Director of Planning, Alan White staff; and interested citizens APPROVAL OF MINUTES OF December 21,1998 Motion by Mr Eafanti for the approval of the Minutes of December 21, 1998, seconded by Mr Mancinelli, carried 6-0 with Mrs Dalbec and Mr Siler abstaining They had not been present at that meeting PROCLAMATIONS AND CEREMONIES Mayor Cerveny administered the Oath of Office to John Hall for EDARC CITIZENS' RIGHT TO SPEAK John Jerman, 11694 West 37th Avenue, read a letter from Wheat Ridge United Neighborhoods regarding the 1999 proposed budget. Mrs Dalbec asked for consensus to hold budget meetings on January 13 and 14 as previously discussed, tied 4-4, Mayor broke the tie by voting no, failed 5-4 Mrs Dalbec asked for consensus to hold a budget meeting on January 13 to review Capital Fund and Parks budget; consensus was 7 in favor Vance Kolesar thanked Council for their support for Wheat Ridge La Crosse and gave update on their program Carl Hamm reiterated what Mr Kolesar said CITY COUNCIL MINUTES January 11, 1999 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. 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 second reading by Mr Siler; title and summary read by the Clerk, Ordinance No 1146 assigned Tom Currigan, representing Kaiser Permanente, was sworn in by the Mayor He spoke in favor of Council Bill 48, assured Council that at this time Kaiser had no intention of selling the northern part of the property although it might happen in the future They are looking at an expansion of the current building about 5 years out, but that could change Martin Orner presented the staff report and answered questions Motion by Mr Siler that Council Bill 48, an Ordinance rezoning property known as Kaiser Permanente Ward Road Medial Facility, Case No WZ-98-16, located at 4803 Ward Road, Commercial One (C-1) pursuant to Section 26-22 of the Wheat Ridge Code of Laws, with restrictions provided in Exhibit B of the Ordinance, be approved for the following reasons 1 Approval of the rezoning is not expected to cause a substantial negative impact to City services or residents 2 Approval of the rezoning is in conformance with the City's Comprehensive Plan designation for the area. 3 Approval of the rezoning will result in the subject property being zoned for development substantially similar to other commercially zoned properties in the City of Wheat Ridge 4 Approval of the rezoning, along with Exhibit B the list of permitted and prohibited land uses, will result in future development determined to be complementary and compatible with the existing medical facility; seconded by Mr Mancinelli Motion by Mrs Worth for an amendment to add No 5 to the list to read "Any use not listed as a use in Exhibit B will be subject to review and approval by the Planning Commission and City Council Section 5 10 of the Wheat Ridge City Charter concerning legal protests will be in effect; seconded by Mrs Shaver; failed 3-5 with Councilmembers Siler, Worth and Shaver voting yes Motion by Mrs Worth that under Section III of Exhibit B Special Uses, at the end be added that Section 5 10 of the Wheat Ridge City Charter concerning legal protests will be in effect; seconded by Mrs Shaver. carried 6-2 with Mr Donnelly and Mr Eafanti voting no CITY COUNCIL MINUTES January 11,1999 Page - 3 - Motion by Mrs Shaver to add Condition No 5 "Recognizing the recreational and conservation value of the area surrounding the two ponds, the Parks & Recreation Commission recommends that any development on the property be done in a manner that is sensitive to wildlife needs, lakeshore environment, and view corridors, seconded by Mrs Worth, carried 8-0 Motion by Mr DiTullio that Council override the Mayor's decision to read the whole motion back and that she only read the amendments and not the main motion made by the motion maker' seconded by Mrs Worth, carried 6-2 with Mr Mancinelli and Mr Donnelly voting no Vote on original motion as amended carried 6-2 with Mrs Shaver and Mrs Dalbec voting no They both feel this should have come in as a Planned Commercial Development. Item 2. 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 second reading by Mr Siler; title and summary read by the Clerk; Ordinance No 1147 assigned Susan Altes, representing RTD, was sworn in by the Mayor' she asked that the property be zoned C-1 with certain permitted and prohibited uses as previously discussed with City staff RTD might consider future transit oriented development, such as retail services Martin Orner presented the staff report and answered question Motion by Mr Siler that Council Bill 50 an Ordinance rezoning property known as Regional Transportation District Ward Road Park-and-Ridge Case No WZ-98-17, located at 4695 Ward Road Commercial One (C-1) pursuant to Section 26-22 of the Wheat Ridge Code of Laws, with restrictions provided in Exhibit B of the Ordinance, be approved for the following reasons 1 Approval of the rezoning is not expected to cause a substantial negative impact to City services or residents 2 Approval of the rezoning is in conformance with the City's Comprehensive Plan designation for the area 3 Approval of the rezoning will result in the subject property being zoned for development substantially similar to other commercially zoned properties in the City of Wheat Ridge 4 Approval of the rezoning along with Exhibit B the list of permitted and prohibited land uses, will result in future development determined to be complementary and compatible with the existing park-and-ride facility CITY COUNCIL MINUTES January 11, 1999 Page - 4 - On Page 6 under Agency Referrals add as "5 Recognizing the recreational and conservation value of the area surrounding the two ponds, the Parks & Recreation Commission recommends that any development on the property be done in a manner that is sensitive to wildlife needs lakeshore environment, and view corridors" On Exhibit B Page 2, which is Section I A. 0 Tobacco shops be removed and p video stores be re-Iettered as 0 ,On Exhibit B, Item IV Add as last sentence "Section 5 10 of the Wheat Ridge City Charter that legal protests are allowed On Item III Prohibited Uses be added All Adult Establishments as defined in Section 3 1 of the Ordinance, seconded by Mr DiTullio Motion by Mrs Shaver to amend that future reference to page 1732 would delete paragraph 33 seconded by Mrs Worth, carried 7-1 with Mr DiTullio voting no Vote on original Motion as amended carried 8-0 Item 3. 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 second reading by Mrs Worth who also read the title and summary Clerk assigned Ordinance No 1148 Motion by Mrs Worth for approval of Council Bill 41 (Ordinance 1148), seconded by Mr Eafanti, carried 8-0 Item 4, 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 second reading by Mrs Worth, who also read the title Clerk assigned Ordinance No 1149 Motion by Mrs Worth for the approval of Council Bill 42 (Ordinance 1149), seconded by Mr Eafanti, carried 8-0 Item 5. 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 second reading by Mr DiTullio, who also read the title and summary Clerk assigned Ordinance No 1150 Motion by Mr DiTullio for the approval of Council Bill 43 (Ordinance 1150) seconded by Mr Eafanti, carried 8-0 CITY COUNCIL MINUTES January 11, 1999 Page - 5 - Item 6, Council Bill 52 - An Ordinance prohibiting parking for the purpose of selling a vehicle Council Bill 52 was introduced on second reading by Mr Mancinelli, title and summary read by the Clerk, Ordinance No 1151 assigned Motion by Mr Mancinelli for the approval of Council Bill 52 (Ordinance 1151), I further move to strike Section 1 Paragraph (7) a and to have it read 'The vehicle must be parked upon the driveway or upon the street immediately adjacent to the residential property relied upon", seconded by Mr Eafanti Motion by Mr DiTullio for an amendment that Section 1 Paragraph (7) b be changed from one (1) vehicle to "three (3)" vehicles, seconded by Mrs Dalbec, tied 4-4 with Councilmembers Dalbec, Shaver, Worth and DiTullio voting yes Mayor broke the tie by voting no Motion failed 5-4 Motion by Mr Siler for an amendment to (7) b on page 2, to add at the end of the paragraph "In the event of death in the family, divorce, terminal illness or confinement in a correctional mental or nursing facility that the Planning Director may give written authorization that up to three vehicles may be sold at one time", seconded by Mr Mancinelli carried 6-2 with Mr DiTullio and Mr Donnelly voting no Motion by Mrs Shaver for an amendment to change the word "may" in Section 1 (3) to "must", seconded by Mrs Worth, failed 2-6 with Councilmembers Worth and Shaver voting yes Motion by Mrs Worth to amend to delete (7) in its entirety; seconded by Mrs Shaver' tied 4-4 with Councilmembers DiTullio, Worth, Shaver and Dalbec voting yes Mayor broke the tie by voting no Motion failed 5-4 Vote on original motion as amended carried 5-3 with Councilmembers Worth Shaver and Dalbec voting no Mrs Worth doesn't feel the citizens should be punished because the commercial properties cannot take care of their properties and it is a hardship for the citizens not to be able to sell their cars on their property Mrs Dalbec agrees with Mrs Worth Mrs Shaver feels this whole thing has been a waste of time and property owners could have taken care of this themselves DECISIONS. RESOLUTIONS. AND MOTIONS Item 7. Approval of Expenditure items Motion by Mr DiTullio 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 CITY COUNCIL MINUTES January 11, 1999 CITY MANAGER'S MATTERS Page - 6 - Mr Middaugh officially announced that we are commencing the Community Development Block Grant application process Mr Middaugh explained that the block grant is a pool of money that is provided to Jefferson County; we share in that money on a percentage basis This money is to aid primarily low and moderate income persons in a variety of things such as housing, housing assistance, housing rehabilitation, playground assistance etc It can also be used to replace furnaces rewiring, plumbing repairs, etc. ELECTED OFFICIALS MATTERS Mrs Worth announced that she will bring in an agenda item to the next regular meeting regarding Council Rules changes Motion by Mrs Dalbec that staff bring back a plan or options that will mitigate the sound coming from the Skateboard park and look for a grant that would assist the City in installing the option, seconded by Mrs Worth carried 8-0 Motion by Mr Siler to form a citizens committee to study and recommend possible ballot items for the next November election, comprised of 2 members per district; seconded by Mrs Worth, tied 4-4 with Councilmembers Eafanti, Siler, Mancinelli and Worth voting yes Mayor broke the tie by voting no Motion failed 5-4 Mayor adjourned the meeting at 11 04 P m , J) L Y r Wanda Sang, City Clerk-- 1999 BY A VOTE OF ~ TO (/