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HomeMy WebLinkAbout05/10/1999 Mav 10. 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: Jerry DiTullio, Lloyd Donnelly, Don Eafanti, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth Teri Dalbec was absent due to illness Also present: City Clerk, Wanda Sang, 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, City Treasurer, Ron Patera, staff; and interested citizens APPROVAL OF MINUTES OF April 26, 1999 Motion by Mr Eafanti for the approval of the Minutes of April 26, 1999 seconded by Mr Mancinelli, carried 7-0 CITIZENS' RIGHT TO SPEAK No one was present to speak. Motion by Mrs Worth to add Item 5-0 (Johnson's Park expansion) seconded by Mr Siler; carried 7-0 Motion by Mrs Worth to add Item 5-P (Lakewood Purchase 26th and Kipling), seconded by Mr Siler; carried 7-0 Motion by Mrs Worth to add Item 7-A (Discussion of funding for Wheat Ridge Forensic Team), seconded by Mr Eafanti, carried 7-0 Motion by Mr DiTullio to add Item 7-B (Discussion to declare a vacancy on the Planning Commission for District IV), seconded by Mrs Worth, carried 7-0 CITY COUNCIL MINUTES May 10, 1999 Page - 2 - PUBLIC HEARING AND ORDINANCES ON SECOND READING Item 1. Council Bill 8 - An Ordinance amending Chapter 24 of the Code of Laws of the City of Wheat Ridge, regarding regulations on the maintenance of trees and shrubs in the community Council Bill 8 was introduced on second reading by Mr DiTullio, who also read the title and summary Ordinance No 1157 was assigned by the Clerk, Bill Cassel, Arborist, was sworn in by the Mayor Mr Cassel reviewed the ordinance with Council, and requested removing "certified mailing" from Section 24-6 Mrs Worth stated that it is important that this be left in for communication (landlord) James S Downie, Public Service Company, was sworn in by the Mayor Mr Downie asked that changes be considered regarding the Rules and Regulations for Utility Tree Maintenance, specifically, two letters from James Patsey to Mr Siler, dated May 5, 1999 and June 25, 1998 Motion by Mr DiTullio to take a five minute break and review the above mentioned letters, seconded by Mrs Worth, carried 7-0 Discussion with Council regarding the changes followed Mr Dahl suggested that the last sentence in Section 24-6 a) read "The notice may be mailed by certified mail to the owner of the property, personally delivered, or posted or left at the property concerned" Motion by Mr DiTullio for approval of Council Bill 8 (Ordinance 1157) with the following change to 24-6a last paragraph, the phrase "by certified mail" be deleted, the phrase "or posted at the property concerned, personally delivered" be deleted, seconded by Mr Eafanti Motion by Mrs Worth for an amendment to leave the wording as Mr Dahl specified, seconded by Mr Siler; carried 6-1 with Mr DiTullio voting no Motion by Mrs Worth for an amendment to Section 24-5 to take out" In the event the City Forester determines an emergency to exist requiring immediate entry, no written notice shall shall be required "; seconded by Mrs Shaver; failed 5-2 with Mrs Worth and Mrs Shaver voting yes CITY COUNCIL MINUTES May 10, 1999 Page - 3 - Motion by Mrs Worth for an amendment to Section 24-7 a new sentence stating "The cutting of trees over six inches in diameter on public right of way or in City Parks or removing of shrubs over three feet in height in public right of way or parks be reviewed by the Parks Commission and City Council", seconded by Mrs Shaver' failed 5-2 with Mrs Worth and Mrs Shaver voting yes Vote on original motion as amended carried 5-2 with Mrs Worth and Mrs Shaver voting no Motion by Mr DiTullio for approval of the Tree Regulations for utility tree maintenance and overhead utility work as amended, seconded by Mrs Worth, carried 7-0 ORDINANCES ON FIRST READING Item 2, Council Bill 9 - An ordinance amending Chapter 5 of the Code of Laws of the City of Wheat Ridge, relating to buildings and building regulations (WCA-99-01) Council Bill 9 was introduced on first reading by Mr DiTullio, who also read the title and summary Motion by Mr DiTullio that Council Bill 9 be approved on first reading, ordered published, public hearing be set for Monday, June 14, 1999, at 700 P m in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Siler; carried 6-1 with Mrs Worth voting no Item 3 Council Bill 10 - An Ordinance providing for the approval of a rezoning from Residential-Two to restricted Commercial-One on land located at 8151 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (WZ-99-06) Council Bill 1 0 was introduced on first reading by Mr Mancinelli, who also read the title and summary Motion by Mr Mancinelli that Council Bill 1 0 be approved on first reading, ordered published, public hearing be set for Monday June 14,1999, at 700 P m in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Eafanti CITY COUNCIL MINUTES May 10, 1999 Page - 4 - Amendment by Mrs Worth that a letter be sent to all the neighbors that attended the neighborhood meeting informing those that are immediately adjacent to the property are the 20% protest charter regulation, seconded by Mrs Shaver; carried 6-1 with Mr DiTullio voting no Vote on original motion as amended carried 6-1 with Mr DiTullio voting no DECISIONS. RESOLUTIONS. AND MOTIONS Item 4, Approval of Wadsworth Corridor Plan Agenda Item 4 was introduced by Mr Siler Mr Middaugh made opening statements and pointed out the recommended changes to the draft plan for the Wadsworth Corridor Plan Sandra Collins, 3415 Teller Street, was present and spoke on behalf of the residents that signed the petition opposing the light at 35th & Wadsworth She thanked staff and council for all their work and careful consideration Motion by Mr Siler that the Wadsworth Corridor Plan as presented in its amended form by staff be approved and that the City Manager be directed to submit the project for inclusion into the DRCOG TIP process for future construction funding purposes with the following conditions 1 Delete the traffic signal at 35th & Wadsworth 2 Add an acceleration lane from the off ramp at 1-70 south to approximately 47th or 48th Avenue be included 3 Future consideration of closing off access at 48th & Wadsworth and develop a cud-de-sac on 48th Avenue 4 Closure of the access road from Wadsworth to Johnson Park be closed if land is acquired north of Clear Creek across from Johnson Park, 5 Move signal from Three Acre Lane to 41st Avenue on Wadsworth 6 A copy of the letter in plan be given to council before being forwarded to CDOT showing the changes and what the City recommends 7 The City will develop a Traffic Calming plan for 35th, 38th, 39th, 41st, & 46th Avenue, seconded by Mr Mancinelli CITY COUNCIL MINUTES May 10, 1999 Page - 5 - Motion for amendments by Mrs Shaver is as follows 1 Delete the proposed traffic signal at the intersection of 46th & Wadsworth, seconded by Mrs Worth, motion failed 6-1 with Mrs Shaver voting yes 2. Median structures with landscaping be restricted to city entrances, major intersections and strategically located pedestrian crosswalks, motion died for lack of second 3 The third, right lane in each direction serve as a utility lane for excel/decel, right turns and bus pullouts, only where such functions are necessary; seconded by Mrs Worth, motion fails 5-2 with Mrs Worth and Mrs Shaver voting yes 4 Additional efforts be given to a) locating places for consolidating/eliminating curb cuts along Wadsworth b) providing inter-business access in front of commercial properties seconded by Mrs Worth, carried 5-2 with Mr Eafanti and Mr Mancinelli voting no 5 Do not move the existing traffic light at Three Acre Lane to 41 st Avenue, motion died for lack of second Vote on original motion with amendments carried 6-1 with Mrs Shaver voting no Item 5, Consider various Resolutions Authorizing Park Acquisitions within the Community Agenda Item 5 was introduced by Mr Siler Motion by Mr Siler that each of these items be voted on separately; seconded by Mr Eafanti carried 6-1 with Mrs Worth voting no Motion by Mr Siler that for discussion purposes that each of these sub-items for each piece of property be treated as an amendment so that the person who introduces it has 1 minute for introduction and each Council person has 2 minutes for discussion, seconded by Mr Mancinelli; carried 6-1 with Mr DiTullio voting no A. Resolution 20 Parcel 1, Einarsen Property Mrs Shaver introduced Resolution 20 Motion by Mr Siler that Mr Wardle present a brief summation of the various Resolutions and then continue by voting on them separately after that; seconded by Mr Mancinelli, carried 5-2 with Mrs Worth and Mrs Shaver voting no CITY COUNCIL MINUTES May 10, 1999 Page - 6 - Mr Wardle then continued with the summaries of the Resolutions Steve Singer, 9810 W 36th Avenue, was present to make a pitch for the Einarsen property Fran Singer, 9810 W 36th Avenue, stated that she was there to keep the vision of the Eisenhower Park alive, representing the neighborhood adjoining the property on the east side She feels that having a park at this site will benefit all Mark Miller, 9650 W 35th Avenue, spoke for the Einarsen property and feels that not only will the immediate residential community benefit from this property being established as a park but the larger Wheat Ridge community stands to benefit as well Odarka Figlus, reminded Council the need for a park in this area has been shown on the master plan since its inception As the last available piece of open land that is currently being used as a park and she asks Council not the take it away from the kids Motion by Mrs Shaver for approval of Resolution 20; seconded by Mr DiTullio, carried 7-0 B Resolution 21 Parcel 2, Jenks Property Mrs Shaver introduced Resolution 21 Doug Jenks, 11885 W 38th Ave, stated that he does not want to sell his land and submitted a letter to Wanda Sang, City Clerk, Mrs Sang read the letter to Council Motion by Mr DiTullio to postpone Resolution 21 indefinitely; seconded by Mr Eafanti, carried 7-0 C Resolution 22. Parcel 3, Hawkins property Mr DiTullio introduced Resolution 22 Motion by Mr DiTullio for approval of Resolution 22, seconded by Mr Donnelly; carried 7-0 D Resolution 23 Parcel 4, Wide Horizon property Mrs Shaver introduced Resolution 23 Motion by Mrs Shaver for approval of Resolution 23, seconded by Mr DiTullio, carried 7-0 CITY COUNCIL MINUTES May 10, 1999 Page - 7 - E, Resolution 24 Parcel 5, Zarlengo property Mr Eafanti introduced Resolution 24 Motion by Mr Eafanti for approval of Resolution 24, seconded by Mr DiTullio, carried 7-0 F Resolution 25 Parcel 6, Kendall property Mr Mancinelli introduced Resolution 25 Motion by Mr Mancinelli for approval of Resolution 25, seconded by Mr Siler Motion for an amendment by Mrs Worth to Number 3 on the signature page by deleting "all structures be cleared from property prior to closing" and replace with" the city retains the option of reducing the size of some parts of this parcel slightly by excluding those specific portions on which commercial or residential buildings stand In the event that future analysis might indicate such action would be beneficial and accomplishing the willingness of sellers reducing unnecessary costs of property or any other benefit not evident at this time "; seconded by Mrs, Shaver; failed 5-2 with Mrs, Worth and Mrs Shaver voting yes Vote on original motion carried 7-0 G Resolution 26 Parcel 7 Davis property Mr DiTullio introduced Resolution 26 Motion by Mr DiTullio for approval of Resolution 26, seconded by Mr Donnelly; carried 7-0 H Resolution 27 Parcel 8 DA V property Motion by Mr Siler not to approve Resolution 27, seconded by Mr Mancinelli, failed 3-4 with Mr Siler, Mr Mancinelli and Mr Donnelly voting yes Motion by Mr DiTullio for approval of Resolution 27 seconded by Mrs Shaver CITY COUNCIL MINUTES May 10, 1999 Page - 8 - Motion by Mrs, Shaver for an amendment that this DAV property be put into the high priority acquisition list; seconded by Mrs Worth, failed 4-3 with Mrs Shaver Mrs Worth and Mr DiTullio voting yes Motion by Mrs Worth for an amendment to delete tearing down buildings, seconded by Mrs Shaver; failed 5-2 with Mrs Shaver and Mrs Worth voting yes Vote on original motion carried 4-3 with Mr Mancinelli, Mr Siler and Mr Donnelly voting no I Resolution 28 Parcel 9, Herr property Mr Eafanti introduced Resolution 28 Motion by Mr Eafanti for approval of Resolution 28, seconded by Mrs Shaver; carried 4-3 with Mr Mancinelli, Mr Siler and Mrs Worth voting no J Resolution 29 Parcel 10, 4105 Fenton Mr Siler introduced Resolution 29 Motion by Mr Siler for approval of Resolution 29; seconded by Mr DiTullio, carried 6-1 with Mrs, Shaver voting no K, Resolution 30 Parcel 11, 4440 Tabor Mr DiTullio introduced Resolution 30 Motion by Mr DiTullio for approval of Resolution 30, seconded by Mrs Worth, carried 6-1 with Mr Mancinelli voting no L. Resolution 31 Parcel 12, 9201 W 42nd Ave Mrs Worth introduced Resolution 31 Motion by Mrs Worth for approval of Resolution 31, seconded by Mr DiTullio carried 6-1 with Mr Siler voting no CITY COUNCIL MINUTES May 10, 1999 Page - 9 - M Resolution 32 Parcel 13 State Land Board property/Ridge Mrs Worth introduced Resolution 32 Motion by Mrs Worth for approval of Resolution 32, seconded by Mrs Shaver' failed 4-3 with Mrs Shaver, Mrs Worth and Mr DiTullio voting yes N Resolution 33 Parcel 14, Coors Property Mr Mancinelli introduced Resolution 33 Motion by Mr Mancinelli for approval of Resolution 33, seconded by Mr Eafanti Motion by Mrs Shaver for an amendment to the Whereas and Item 2 by deleting the word "Athletic Fields"; seconded by Mrs Worth, carried 4-3 with Mr Eafanti, Mr Mancinelli and Mr Siler voting no Vote on original motion as amended carried 6-1 with Mr Siler voting no o Resolution 36 - 7704 W 48th Ave, 8150 W 48th Ave 9070 W 48th Ave Johnson Park, Mrs Worth introduced Resolution 36 Motion by Mrs Worth for approval of Resolution 36, seconded by Mr Siler; carried 7-0 P Resolution 37 - Supporting Lakewood in acquisition of property east of Wadsworth on 26th Ave Mrs Worth introduced Resolution 37 Motion by Mrs Worth for approval of Resolution 37, seconded by Mr Siler; carried 7-0 Item 6, Parfet Street Neighborhood Traffic Calming Project - Final Design Item 6 was introduced by Mrs Shaver Title and summary read by the City Clerk, CITY COUNCIL MINUTES May 10, 1999 Page - 10 - David Mentor, Neighborhood Traffic Manager, presented the information and design Jim Rubingh, 3280 Parfet Street, was present and spoke in favor of the design He feels the traffic on Parfet Street is a growing problem and the residents strongly support this proposal Linda Fedak, 10735 W 26th Avenue, representing Prospect Valley Elementary School, requested Council to continue supporting this project. Karla Nostas, 3500 Parfet Street, would like to take this opportunity to thank everybody that has been a part in making this project work, Ms Nostas read a letter into the record from Ms Cathy J Kerrins, who was unable to attend the meeting spoke in support of the project. Jerry Linenberger, 3235 Parfet Street, spoke in favor of the project. Bonnie Proulx, 3599 Parfet Street, appreciates the support from Council and is in favor of the planter going through Motion by Mrs Shaver that the final design for the Parfet Street Calming Project between 32nd and 38th Avenues be approved as recommended by the Public Works Department for bidding, seconded by Mr Eafanti, carried 7-0 Item 7, Furniture Bid Package for the Wheat Ridge Recreation Center Item 7 was introduced by Mr Siler Title and summary read by the City Clerk, Motion by Mr Siler that the bid for the new furniture for the Wheat Ridge Recreation Center be awarded to Scott Rice in the amount of their low bid of $13765084 and that an additional $16,000 be added to upgrade the stack chairs and all costs be charged to account 61-602- 809 I further move a contingency account be established for this purpose in the amount of $13,76508 and all costs be charged to account 61-602-809 I further move that the Director of Parks and Recreation be authorized to issue change orders up to the total contract and contingency amount. I further move that the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1999 and 2000 for this project in accordance with ordinance number 787, 1989 series, seconded by Mr DiTullio, carried 7-0 CITY COUNCIL MINUTES May 10, 1999 Item 7.A. Page - 11 - Funding for the Wheat Ridge Forensic Team Item 7.A. was introduced by Mrs, Worth Motion by Mrs Worth to support the Wheat Ridge Forensic Team to send 7 people to Nationals and provide them with $4,500 00, seconded by Mr Eafanti Amendment by Mr Siler to limit the amount to $2,000 and if necessary more will be donated, seconded by Mr DiTullio, carried 5-2 with Mr Eafanti and Mrs Worth voting no Vote on original motion with amendment carried 6-1 with Mr DiTullio voting no Item 7,B. Discussion to declare a vacancy on the Planning Commission for District IV Item 7 B was introduce by Mr DiTullio Motion by Mr DiTullio to declare a vacancy for the Planning Commission for District IV and that the position be advertised per Council Resolution as soon as possible, seconded by Mrs Worth, carried 7-0 Item 8, Consent Aaenda. A. Harlan Drainage Outfall at Clear Creek Downstream of Marshall Resolution 35 - A Resolution Authorizing an Intergovernmental Agreement. B Contract Award for Phase Ii Site Assessment for property at 6301 West 44th Ave C Bid award for exterior water slide repainting (RFB #99-15) D Contract changes for Park Acquisition Services Resolution 34 - A Resolution declaring the intent of the City of Wheat Ridge to acquire property at 10100 W 38th Ave in Fee Simple for the specified public purpose of public park and recreation, further continuance of good faith negotiations to acquire said property interest, and authorization to initiate an action in Eminent Domain to acquire said property in the event good faith negotiations do not result in an agreement to acquire said property interest. E Ratification of Richards-Hart Estate Advisory Committee Appointment. F Approval of Expenditure Items CITY COUNCIL MINUTES May 10, 1999 Page - 12 - Item 8 was introduced by Mrs Worth Mrs Shaver asked to pull Consent Agenda Items C and F Motion by Mrs Worth to approve Consent Agenda Items A.,B.,D , and E., , seconded by Mr Mancinelli carried 7-0 Motion by Mrs Shaver to approve Consent Agenda Item C , seconded by Mr DiTullio, carried 7-0 Motion by Mrs Shaver to approve Consent Agenda Item F deleting the furniture and office equipment for the APEO offices and ask them to come back with something less expensive, seconded by Mr DiTullio, failed 4-3 with Mrs Worth, Mrs Shaver and Mr DiTullio voting yes Motion by Mr Donnelly to bring it up for reconsideration, seconded by Mr DiTullio, carried 6-1 with Mr Siler voting no Motion by Mr DiTullio to approve Consent Agenda Item F , seconded by Mr Mancinelli carried 5-2 with Mrs Worth and Mrs Shaver voting no CITY MANAGER'S MATTERS Mr Middaugh asked for some direction from Council regarding an Ordinance on possession of tobacco by minors Motion by Mr DiTullio to schedule this issue to a Study Session at the discretion of the Council President; seconded by Mr Donnelly; carried 7-0 CITY ATTORNEY'S MATTERS Mr Dahl discussed the memorandum he prepared regarding compensation for elected officials per request of Council Consensus was 5-2 to delay this issue to a Study Session at the discretion of the Council President. CITY COUNCIL MINUTES May 10, 1999 ELECTED OFFICIALS MATTERS Page - 13 - Consensus was 7-0 to address the issue regarding an ordinance of annual vaccinations for domesticated animals Consensus failed 3-4 that in the future to itemize the cost of various purchases Motion by Mr DiTullio to adjourn, seconded by Mr Siler; carried 6-1 with Mrs Worth voting no Meeting adjourned at 11 00 P m )J.'Lol/L, -".,\__/( Wanda Sang, City Clerk n Siler, Council President