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HomeMy WebLinkAbout10/25/1999 October 25. 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 Treasurer, Ron Patera, City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Planning, Alan White, Acting City Manager/Chief of Police, Jack Hurst; staff; and interested citizens APPROVAL OF MINUTES of October 11, 1999 Motion by Mr Eafanti for the approval of the Minutes of October 11, 1999, seconded by Mr Mancinelli, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny and Debbie from the Muscular Dystrophy Association presented plaque to the Wheat Ridge Fire Department for all the money they raised and all their hard work on behalf of Muscular Dystrophy City Attorney Comments regarding electioneering from the dais Mr Dahl reiterated his advice from the last meeting regarding Councilmembers addressing pending ballot measures or questions After studying the law discussing it with fellow attorneys, he stated that Councilmembers have every right to express their opinions, but urged them to do it from the podium rather than the dais This way it would be clear that it reflected their own opinion, not the City's as a whole CITIZENS' RIGHTS TO SPEAK Anthony DiTullio, 3250 Newland Street, member of Cub Scouts, Pack 402, thanked the City for fixing up Stites Park and told them about the work Pack 402 of the Cub Scouts had done at the park. John Gargano, 4320 Dudley Street, asked that the City get the newspaper vendors out of the middle of the street; he almost hit one who threatened to sue him if he gets sued, he will in turn sue the City Mr Mancinelli asked for consensus to bring this issue back again, he and Mr Siler have collected 100+ signatures to get these vendors out of the middle of the street. CITY COUNCIL MINUr' October 25, 1999 Page - 2 - At least bring it back to a Study Session Consensus was 4-4, Mayor broke the tie by voting yes, consensus was 5 in favor PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 31 - An Ordinance providing for the approval of a first amendment to the 44th Industrial park Planned Industrial Development (PI D) outline and final development plan located south of 44th Avenue, north of Highway 58, west of Interstate 70 and east of Eldridge Street within the City of Wheat ridge Colorado, pursuant to Section 26-25(IX) of the Wheat Ridge Code of Laws (Case No WZ-99-10) Council Bill 31 was introduced on second reading by Mrs Dalbec; title and summary read by the Clerk; Ordinance No 1176 assigned Mike Rudd, 11049 West 44th Avenue, architect for the applicant, Tom Hartley, was sworn in by the Mayor He explained the modified application Marlin Orner, Wheat Ridge Planning Department, was sworn in by the Mayor and presented the staff report and answered Councils' questions Motion by Mrs Dalbec that Case No WZ-99-10, a request for approval of an amended Outline and Final Development Plan be approved for the following reasons 1 The amended Outline and Final Development Plan, consisting of use changes only to Lot 29 of Use Area 1 A and in addition approval of display area standards for the 44th Industrial Park is consistent with the Three Mile Plan and the Draft Comprehensive Plan 2 The amended Outline and Final Development Plan would permit commercial and light industrial land uses similar to and with no greater impact than those already permitted within Use Area 1 of the existing Outline and Final Development Plan of the 44th Industrial Park. 3 The development standards meet or exceed those of the Industrial Zone District. 4 Approval of Display Area Criteria will serve to ensure the attractiveness of the development area, seconded by Mr Donnelly Motion by Mrs Worth for division of the question, divide out 4 , seconded by Mr DiTullio, carried 6-2 with Mr Eafanti and Mr Mancinelli voting no Motion by Mrs Dalbec for approval of 1 2 3, seconded by Mr Siler Motion by Mr Siler to replay the tape to hear Mrs Dalbec's original motion, seconded by Mrs Worth, carried 6-2 with Councilmembers Shaver and DiTullio voting no Mr DiTullio called for the question carried 8-0 CITY COUNCIL MINUr ' October 25,1999 Page - 3 - Mrs Dalbec's motion failed 3-5 with Councilmembers Dalbec, Siler, and Donnelly voting yes Motion by Mrs Worth to reconsider; seconded by Mr Siler; carried 7-1 with Mr DiTullio voting no Motion by Mrs. Dalbec that Case No WZ-99-10, a request for approval of an amended Outline and Final Development Plan be approved for the following reasons 1 The amended Outline and Final Development Plan, consisting of use changes only to Lot 29 of Use Area 1 A and in addition approval of display area standards for the 44th Industrial Park is consistent with the Three Mile Plan and the Draft Comprehensive Plan seconded by Mr Siler Motion by Mrs Dalbec to amend her motion that no metal buildings be allowed on Lot 29 1 A, seconded by Mrs Worth, carried 5-3 with Councilmembers Mancinelli, Siler, and Donnelly voting no Vote on original Motion carried 6-2 with Mrs Shaver and Mr DiTullio voting no Motion by Mrs Dalbec that Case No WZ-99-10, a request for approval of an amended Outline and Final Development Plan, which now consists of use changes to Lot 29 in Area 1, be amended also to add the approval of the Display Area Standards for the 44th Industrial Park; seconded by Mr Donnelly; carried 6-2 with Mrs. Shaver and Mr DiTullio voting no Mrs Shaver feels that to allow displays in the front area is in direct violation to permitted use 13) and is totally against the original plan that this light industrial park was all about. tem 2. Council Bill 33 - An Ordinance approving disposition and reacquisition of city- owned park land Council Bill 33 was introduced on second reading by Mr Mancinelli, who also read the title and summary; Clerk assigned Ordinance No 1177 Motion by Mr Mancinelli that Council Bill 33 be approved on second reading, seconded by Mr Siler; carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. Resolution 62 - adopting the 1999 Wheat Ridge Comprehensive Plan (Case No WPA-99-01) Mr DiTullio introduced Resolution 62, read the title and summary Alan White, Director of Planning, was sworn in by the Mayor and presented staff report. CITY COUNCIL MINUT~' October 25,1999 Page - 4 - The following speakers were sworn in by the Mayor Patricia Fisher, expressed concern that the Comprehensive Plan and the Wadsworth Corridor Plan did not conform, the area north of 46th and Wadsworth and 47th Avenue at Wadsworth had been shown as R-1 and the neighbors were assured at a neighborhood meeting that it would stay R-1 Now the plan shows Neighborhood Retail, the neighbors were not informed of that change, this would bring increased traffic to the already busy area and affect the way of life of the neighborhood and create a hardship Chuck Stiesmeyer, is discouraged about 50th Avenue going through agricultural land, a minor collector street allows less than 11,000 cars per day, which amounts to 450 cars per hour; this is very upsetting to him but he feel he can't stop it and it's going to happen Louise Turner, 11256 West 38th Avenue, stated there are some good and some bad things in this plan, turn it over to a professional writer and get rid of all the repetition, it is extremely difficult to read, there are errors that need to be corrected, there is too much emphasis on economic development; people have asked to preserve the small town rural atmosphere, keep uncurbed streets, there is no wording in this plan that would protect the one unit per acre development, which is the current agricultural properties Anne Brinkman, Chairman of the Planning Commission, read a letter from the Planning Commission which asked that the Comprehensive Plan be approved Scott Albertson, attorney, 1667 Cole Blvd, Golden, representing the three Einarsen brothers, asked that the residential designation for their property at 38th & Kipling should be Village Center; they presented this to the Planning Commission, but got no action Due to the location of the property, it should be designated to a use other than low density single family residential, it's existing zoning further supports that; statements in the Comprehensive Plan further support it; the property is simply inconsistent with a Residential-4 designation, asked that the designation be changed to Village Center Motion by Mr DiTullio to adopt Resolution 62, a resolution adopting the 1999 Wheat Ridge Comprehensive Plan, Case No WPA-99-01, seconded by Mrs Dalbec. Motion by Mr Mancinelli to amend the Plan on the Wadsworth Corridor, specifically 45th north on both sides of Wadsworth, where it now reads "NR Neighborhood Serving Retail" and let it overlap the Wadsworth Corridor Plan which we now show as Residentiallnfill Development; seconded by Mr DiTullio Motion by Mrs Dalbec to amend Mr Mancinelli's amendment to read "Residentiallnfill SF (4)" seconded by Mrs Worth, carried 8-0 Vote on original amendment as amended carried 8-0 CITY COUNCIL MINUT~' October 25,1999 Page - 5 - Motion by Mr DiTullio to remove the Economic Development Strategy Plan until we have the Plan presented to us from EDARC, seconded by Mrs Worth, carried 7-1 with Mrs Dalbec voting no Motion by Mr Siler to amend the main motion that the City will have a period until the end of January 2000 to make minor corrections to the document with input from citizens, staff members of Council, Planning Commission, etc that these corrections will be brought back to Council for a vote on the corrections and that any items that cannot be resolved will be brought back separately to be voted on as amendments, seconded by Mrs Dalbec; carried 8-0 Motion by Mrs Dalbec that 50th Avenue between Oak Street and the north side of Medved property be removed from the road plan and the future land use map, seconded by Mrs Worth carried 7-1 with Mr Siler voting no Motion by Mrs Dalbec that the agricultural properties along Tabor Street between 44th and 1-70, the three A-1's (identified as AER on the future land use map) remain as that; seconded by Mrs Worth, carried 8-0 Motion by Mr Mancinelli to extend the Village Center classification at 38th and Kipling to include the Einarsen property which already has a site plan and fits that criteria, seconded by Mr Siler; carried 5-3 with Councilmembers Worth, Dalbec, and Shaver voting no Mrs Dalbec is voting no because the people at the neighborhood meetings were asking that this be low density residential Motion by Mrs Worth to amend the Future Land Use Map as follows All undeveloped land north of 1-70 between Ward Road and Garrison be shown as AER (Agricultural/Estate Residential), seconded by Mrs Dalbec, carried 6-2 with Mr Siler and Mr Donnelly voting no Motion by Mr Siler to go past 11 00 P m and finish items 4, 5, and 6, seconded by Mr Donnelly; carried 7-1 with Mrs Shaver voting no Motion by Mr Mancinelli for an amendment under Appendix A District II to add "Martensen School" to the wording Stevens Elementary and Wheat Ridge Middle School, seconded by Mr DiTullio, carried 8-0 Motion by Mrs Worth for an amendment to the Future Land Use Map as follows All Colorado State owned land north of 1-70 be shown as AER, seconded by Mrs Shaver' 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 Mr Siler for a correction under Page 6-1, to read 8% to RTD and 5% to Jefferson County Open Space Fund, seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINur ' October 25,1999 Page - 6 - Motion by Mrs. Shaver that all conservation and scenic easements and historic sites be reflected on the Future Land Use Map, seconded by Mrs. Worth, carried 8-0 Motion by Mrs Shaver that the vacant land west of Everett Drive and north of 35th Avenue, which is south of Rocky Mountain Ditch, (Wide Horizon property) be shown on the Future Land Use Map as Park and Open Space, seconded by Mrs Worth, carried 5-3 with Councilmembers Mancinelli Donnelly and Siler voting no Motion by Mrs Worth that the Pedestrian Framework Map be amended to show the path south of Clear Creek from the first bridge east of Youngfield to Kipling be shown as a soft surface trail; seconded by Mrs Dalbec; tied 4-4 with Councilmembers Dalbec, Shaver Worth and Donnelly voting yes Mayor broke the tie by voting yes Motion carried 5-4 Motion by Mrs Worth to amend the Roadway Classification Map as follows 1 Correct the Class 5 classification in the vicinity of Miller Road and 50th Avenue 2 Add the following Class 6 - Neighborhood Through Streets to the map a Holland Street, 32nd Avenue to 38th Avenue, b Fenton Street - 29th Avenue to 32nd Avenue, seconded by Mrs Dalbec, carried 8-0 Original Motion as amended carried 8-0 Item 4. Appointment to Liquor Authority Motion by Mr Eafanti to appoint Laura Leprino to the Liquor Authority from District III, term to expire 3/2/01, seconded by Mr Mancinelli, carried 8-0 Item 5. CONSENT AGENDA. A. Kullerstrand Elementary School Playground Construction Payment. B Approval of Expenditure Items Mrs Worth introduced and read the Consent Agenda Motion by Mrs Worth for approval of the Consent Agenda, seconded by Mr Mancinelli, carried 6-2 with Mrs Dalbec and Mr DiTullio voting no Item 6. City Manager Update (Jerry Dahl) Mr Dahl updated Council on his conversations with Valerie Adams and some of the changes she requested in her contract. Motion by Mr Donnelly that the employment agreement dated October 25, 1999 between the City of Wheat Ridge and Valerie D Adams be approved and the Mayor and City Clerk be directed to sign the same, seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTr-'" October 25, 1999 Page - 7 - Motion by Mr Donnelly that Valerie D Adams upon her execution of the employment agreement dated October 25, 1999 be appointed the Wheat Ridge City Manager, appointment to begin on the first day Mrs Adams commences work at the City Offices, seconded by Mr DiTullio, carried 8-0 Motion by Mr Siler to adjourn, seconded by Mr Mancinelli, carried 7-1 with Mrs Worth voting no Meeting adjourned at 11 20 P m r L. . " ,. . ~ _.__ Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON NOVEMBER 8,1999 BY A VOTE OF S TO 0 . a 3d),t~J."", ~uncil President The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members. Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions