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Home My WebLink About11/22/1999 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building November 22.1999 The Regular City Council was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Jerry DiTullio, Vance Edwards, Odarka Figlus, Harry Hanley (arrived at 7 04 pm), Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth Also present: City Clerk, Wanda Sang, City Treasurer, Ron Patera Acting City Manager/Chief of Police, Jack Hurst; for City Attorney, Gerald Dahl, Maureen Juran, Director of Planning, Alan White, staff; and interested citizens. APPROVAL OF MINUTES OF November 8,1999 Motion by Mr DiTullio for the approval of the Minutes of November 8, 1999, seconded by Mrs Worth, carried 7-0 Mayor Cerveny presented Certificates of Appreciation to members of the Personnel Commission and the City Manager Screening Committee for the work they did on the Manager selection process A copy of the Resolution will be mailed to them CITIZENS' RIGHT TO SPEAK Chuck Jorgensen, representing the Wheat Ridge Community Choir, invited everybody to their concerts on December 9 at the Wheat Ridge Community Center at 7 00 P m on December 11 at Holy Cross Lutheran Church at 4 00 P m on December 19 at Exempla Lutheran Medical Center at 4 00 P m Motion by Mr DiTullio to add an Agenda Item 1 that was inadvertently left off the Agenda and to renumber the other agenda items This is an appointment to the Planning Commission for District IV, seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES NOVEMBER 22,1999 Page - 2 - Paulette Cooper was present and told about herself and her desire to give something back to the community and to serve on the Planning Commission Item 1. Motion by Mrs Worth to appoint Paulette Cooper to the Planning Commission for District IV, term expiring March 2, 2000 seconded by Ms Figlus carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Application by the Rocky Mountain Bottling Company for approval to amend the existing Coors Planned Industrial Development Filing No 1 final development plan to build a new 40,200 square foot building addition located at 10619 West 50th Avenue (Case No WZ-99-11) Item 2 was introduced by Mrs Worth, who also read the title and summary Dan Armagost, engineering services leader, was sworn in by the Mayor He explained the necessity for their building expansion Meredith Reckert was sworn in by the Mayor and presented the staff report and answered Councils' questions Stephen Axcel, representing Jacobs Engineering, was sworn in by the Mayor and answered questions regarding the ditch relocation Motion by Mrs Worth that Case No WZ-99-11, a request for approval of an amendment to a Planned Industrial Development final development plan for property located at 10619 West 50th Avenue, be approved for the following reasons 1 All requirements for a final development plan amendment have been met. 2 All minimums specified for a PID district have been met or exceeded 3 All outside agencies can serve the property with upgrades at the owner's expense With the following condition 1 That in consultation with the City Arborist, the trees which will be displaced by the parking lot be moved to the outside perimeter, which is an exception to the requirements for islands in the parking lot; seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES NOVEMBER 22,1999 Page - 3 - Item 3. Council Bill 32 - An Ordinance increasing the business license fee Council Bill 32 was introduced on second reading by Mr Siler; title and summary read by the Clerk, Ordinance No 1178 assigned Motion by Mr Siler to reject Council Bill 32 increasing the annual business license fee from $1000 to $20 00, seconded by Mr Edwards, carried 8-0 ORDINANCES ON FIRST READING Item 4. Council Bill 34 - An Ordinance providing for the approval of a change of zone from C-1 Restricted Use - RV/Boat Storage to C-1 Restricted Use - RV Storage and Sales for property located at 11808 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-99-03) Council Bill 34 was introduced on first reading by Mr DiTullio, title and summary read by the Clerk. Acting City Attorney, Maureen Juran, explained that this is a quasi-judicial matter and suggested that Council not make a substantive decision to approve or deny on first reading but to wait until after the public hearing and second reading was held Mr Mancinelli stated that he had had contact with Mr Sach before this came before Council and asked to be allowed to abstain from voting Motion by Mr Siler to allow Mr Mancinelli to abstain, seconded by Mr Edwards, tied 4-4 with Councilmembers Shaver, Worth, DiTullio, and Mancinelli voting no Mayor broke the tie by voting no Motion failed 5-4 Motion by Mr DiTullio to uphold the April 1 , 1999, Planning Commission decision to deny the request for a change of zoning conditions on C-1 zoned land located at 11808 West 44th Avenue for the following reasons 1 The adjacent commercial zoning to the east extends 300 feet south and this request is to extend the full commercial use 500 feet to the south There has been no change in the character of the neighborhood which justifies increasing the encroachment of a more intense commercial use south 500 feet into a residential and agricultural area 2 The property was originally zoned to C-1 for storage upon representation by the owner and that this would be an interim use only with nominal landscaping and buffering CITY COUNCIL MINUTES NOVEMBER 22,1999 Page - 4 - 3 The requested change in use is inconsistent with both the previous and current future land use map and is also inconsistent with the Fruitdale Master Plan all of which show residential uses on the southern part of the property Any proposed change in use should respect the City's intent that the southern part of the property is intended to be residential 4 The proposed change of zone to the southern portion of the property is incompatible with the residential and agricultural properties to the east and south of the property and with the Green Belt Area to the south 5 The change of use would provide little economic benefit to the City because sales tax revenues generated from RV's go to the City where the purchaser lives, not to the City of Wheat Ridge, seconded by Mrs Worth, tied 4-4 with Councilmembers Edwards, Siler, Shaver, and Figlus voting no Mayor broke the tie by voting no Motion failed 5-4 Motion by Mr Edwards that Council Bill 34 be approved on first reading, ordered published, public hearing be set for Monday, December 20,1999 at 700 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mrs Shaver; carried 7-1 with Mr DiTullio voting no Item 5. Council Bill 35 - An Ordinance providing for the approval of a Special Use Permit to allow the co-location of a Commercial Mobile Radio Service Antenna (CRMS) on an existing U S West monopole located at 3900 Wadsworth Blvd, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-99-02) (SBA Communications Corporation for Sprint Spectrum, L.P) Council Bill 35 was introduced on first reading by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler that Council Bill 35 be approved on first reading, ordered published, public hearing be set for Monday, January 10, 2000 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 Mrs Worth, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Motion to disband City Manager Screening Committee Motion by Mr DiTullio that the Personnel Commission be relieved of their assignment to serve in the recruitment of the City Manager; and that the Screening Committee for the City Manager recruitment be disbanded, seconded by Mrs Worth carried 8-0 CITY COUNCIL MINUTES NOVEMBER 22,1999 Page - 5 - Item 7. Resolution 63 - Resolution of commendation and appreciation of Personnel Commission and Screening Committee for City Manager recruitment. Resolution 63 was introduced by Mr DiTullio who also read the title and summary Motion by Mr DiTullio to adopt Resolution 63, seconded by Mr Edwards Motion by Mrs Shaver that under the third "whereas" the word "eccentric" be stricken and replaced with "special"; seconded by Mrs Worth, carried 8-0 Vote on original motion as amended carried 8-0 Item 8. Resolution 64 - endorsing the CML Executive Board candidacy of Mayor Gretchen Cerveny Resolution 64 was introduced by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler to adopt Resolution 64, seconded by Ms Figlus Motion by Mrs. Worth for an amendment to add a fourth "Whereas, Mayor Cerveny will poll the Wheat Ridge City Council for opinions before voting on the CML Executive Board and will vote with the Council majority on issues that will affect the City of Wheat Ridge"; seconded by Mr DiTullio, carried 8-0 Resolution as amended carried 8-0 Item 9. CONSENT AGENDA. A. Resolution 65 - appropriating additional funds for the year of 1999 in order to enable the Police Department to procure items with funds from the Police Investigation Fund B Resolution 66 - authorizing the Mayor and City Clerk to sign the Intergovernmental Agreement between the City of Wheat Ridge and Jefferson County establishing the terms for expenditure of Jefferson County Open Space Bond Funds for City Open Space acquisitions. CITY COUNCIL MINUTES NOVEMBER 22,1999 Page - 6 - C Resolution 67 - in support of the Recreational Trails Grant Application for the Prospect Park Bridge reconstruction D Approval of Expenditure items E Award for Ambulance Services (RFP #99-20) Consent Agenda was introduced by Mrs Worth, who also read the titles Motion by Mrs Worth for approval of the Consent Agenda with the exception of Item B seconded by Mr DiTullio Mr Siler asked to pull A. and E. Mrs Shaver asked to pull C Motion by Mrs Worth to approve Item 9 D seconded by Mr Edwards, carried 8-0 Motion by Mr Siler to approve Item 9 A., seconded by Mr Edwards, carried 8-0 Motion by Mrs Worth to approve Item 9 B, seconded by Mr Edwards, carried 8-0 Motion by Mrs Shaver to approve Item 9 C I further move that the issue of design of the bridge be referred to the City Affairs Committee before any design work takes place, seconded by Mr DiTullio, carried 8-0 Motion by Mr Siler to approve Item 9 E, seconded by Mr Edwards, carried 8-0 Item 10. Motion by Mr DiTullio to hold a Budget Session on Saturday, December 11, 1999 at 9'00 a.m in City Council Chambers, Municipal Building, and that the meeting be posted, seconded by Ms Figlus, carried 8-0 Item 11. Motion by Mr DiTullio to cancel the December 20, 1999 Study Session and to hold the December 27, 1999 Regular Meeting on December 20, 1999, seconded by Mrs Worth, carried 8-0 CITY ATTORNEY'S MATTERS Maureen Juran introduced herself to the new Councilmembers She asked that the Attorney be authorized to bring in an Ordinance on first reading regarding penalty provisions in our Code of Laws This is a clean-up ordinance Motion by Mr Edwards to authorize the Attorney to bring in such an ordinance, seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES NOVEMBER 22, 1999 Page - 7 - ELECTED OFFICIALS MATTERS Mayor Cerveny thanked everybody for their kindness during her husband's illness She informed the public that the Open Houses for the public on the Northwest Quadrant Study will be on Tuesday, December 14 and Wednesday, December 15, they are from 4 - 8, Tuesday is at the Arvada Center and Wednesday is at the Jefferson Complex in the human resources building Mr Mancinelli reminded everybody in District II of the first Monday meeting in December at Holy Cross Lutheran Church Mr Siler thanked Patty Crew for her work on the City Manager selection Ms Figlus reminded citizens in District III of their first Monday meeting in December Mrs Shaver thanked everybody involved for their work on the City Manager selection Mr Hanley thanked Council for making this a comfortable place to be serving Mrs Worth invited everyone in District IV to the first Monday meeting, she included Jerry Dahl in her thanks for his work on selecting the City Manager Motion by Mr DiTullio for adjournment; seconded by Mrs Worth, carried 8-0 Meeting adjourned at 8.20 p m ., ,/, l ~. J IL'vt(Z.....- \ (.- i...."- <: Wanda Sang, City Clerk' APPROVED BY CITY COUNCIL ON DECEMBER 13,1999 BY A VOTE OF ~ TO ~ ...."~~.- l .""...... I 7 / ,<,/ /'// Jerry diTullio, Council President The preceding Minutes were prepared according to 947 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