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HomeMy WebLinkAbout02/28/2000 Februarv 28. 2000 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, Vance Edwards, Ken Siler, Ralph Mancinelli Janelle Shaver, Odarka Figlus, Claudia Worth, Harry Hanley Also present: City Clerk, Wanda Sang City Manager, Valerie Adams, City Treasurer Ron Patera, City Attorney, Gerald Dahl Director of Planning Alan White, Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES OF February 14, 2000 Motion by Mr Siler for the approval of the Minutes of February 14, 2000, seconded by Mr Edwards, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny presented awards to three Metro Mayors/Commissioners Youth Award Nominees, Kelli Karg (was not able to attend this meeting), Daniel/e Teets, Jessie Meeks. CITIZENS' RIGHT TO SPEAK Motion by Mr DiTullio to suspend the Rules and let two people speak under Citizens' Right to Speak, who couldn't make it to the Boards and Commission interviews, seconded by Mrs Shaver; carried 8-0 Marta MacDougall is currently studying horticulture, specializing in landscape design, and interested in serving on the Parks Commission Jerry Montoya, has applied for the Board of Adjustment; he currently works for the Denver Housing Authority as Shops Supervisor; he oversees 10 employees, he is currently getting certified as a fire inspector Quinn Wilhelm introduced himself as candidate for House District 24 for the Year 2000, he is currently a detective with the Lakewood Police Department. CITY COUNCIL MINUTES February 28, 2000 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 1 - An Ordinance providing for the approval of a change of zone from Residential-Two to Restricted Commercial-One for property located at 3502 Wadsworth Blvd, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-99-12) (Roger Loecher) Council Bill 1 was introduced on second reading by Mr DiTullio, who also read the title, Clerk assigned Ordinance No 1183 Applicant, Roger Loecher was sworn in by the Mayor and asked for approval of his rezoning request. He referred to letters from neighboring property owners who were in favor of his plan The following speakers were sworn in by the Mayor' James Turre was the previous owner of the property in question, he had purchased it from Ray Valente He gave background on this property and stated that it is not practical to use as residential due to the location and traffic. The proposed use would be beneficial to the City of Wheat Ridge Dave Kotzebue, did the grading and drainage study for the site and stated that the drainage plan meets City requirements Vince Fandall, representing Lutheran Credit Union, explained the reasons why they want a new building Alan White, Planning Director, presented the staff report. Speaking in opposition were Dave Dowda, 7510 West 35th Avenue Debbie Carrier, 7510 West 35th Avenue Jackie Ingenthrone, 7575 West 35th Avenue Linda Epperson, 7520 West 35th Avenue Marlin Wineberg, 7500 West 35th Avenue Ann Brinkman CITY COUNCIL MINUTES February 28, 2000 Page - 3 - Their concerns included that the people and businesses in favor of this project do not live there 7 days a week; there are drainage concerns, people are going to be using the ATM in the middle of the night; trash will blow into the neighborhood concerns about what else is going into the building, fumes from cars idling in front of the A TM machines, this A TM is open to the public, there will be a lot of users other than Credit Union members Motion by Mr DiTullio to deny Case No WZ-99-12 and to postpone indefinitely, Council Bill 01-2000, for the following reasons 1 It is inconsistent with the designation on the Comprehensive Plan 2 As designed, it is incompatible with adjacent residential land use 3 A 24-hour A TM and drive-up lane is incompatible with the neighborhood and would cause a negative affect on adjacent properties 4 Increased traffic on 35th Avenue would have a negative impact on the neighborhood for several blocks to the east; seconded by Mr Edwards, carried 6-2 with Mr Hanley and Mr Mancinelli voting no Item 2. Approval of a Final Development Plan for Lot 1, Onyx Park Subdivision, located at 10055 West 43rd Avenue Wheat Ridge (Case No WZ-99-16) (M-E Engineers, Inc) Item 2 was introduced by Mr Hanley, who also read the title and summary Applicant, Ted Prythero, was sworn in by the Mayor and asked for approval of his application Jonathan Coppin, architect for the project, was sworn in by the Mayor and explained the plans for the building and landscaping Alan White, Planning Director, was sworn in and presented the staff report. Motion by Mr Hanley to approve Case No WZ-99-16 for the following reasons 1 It is consistent with the underlying design parameters of the outline development plan 2 It exceeds the City's standards for commercial development. 3 It meets the requirements for a Planned Commercial Development final development plan seconded by Mrs Worth, carried 8-0 CITY COUNCIL MINUTES February 28, 2000 Page - 4 - ORDINANCES ON FIRST READING Item 3. Council Bill 09-2000 - An Ordinance adopting a temporary moratorium on acceptance, processing and issuance of permits or approvals for development of private and charter schools and structures in which nonprofit organizations operate, in Industrial, Commercial, and Agricultural Zone Districts within the City and declaring an Emergency Council Bill 09-2000 was introduced as an Emergency Ordinance by Mrs Worth, who also read the title and summary; Clerk assigned Ordinance No 1183 City Attorney, Jerry Dahl, and Planning Director Alan White, presented the Ordinance Larry Welshon, 2469 Kendall Street, President of Alpine Valley School, representing a number of the people who are present here tonight, stated that they will probably not have more than 50 students enrolled at this property (4501 Parfet), the flexible scheduling at their school has resulted in a negligible traffic flow; 80% of the students participate in car-pooling, therefore the actual number of vehicles will be significantly less than the number of students arriving and departing, the building has been occupied by a non-profit organization for 30 years, therefore they would not be taking this property off the tax rolls, he asked that if Council approves this moratorium, their school be exempted Laurie Korte, 4573 Everett Court, has a six-year old daughter who attends Alpine Valley School; the school is a great benefit to the community because the students are more respectful, more accepting of others that students from other schools City Attorney, Gerald Dahl, stated that the issue before Council and the public hearing being held, is pertaining to legislation, the conditional use permit for Alpine Valley School is currently before the Planning Commission and could possibly be appealed to City Council, he urged the speakers to avoid speaking of Alpine Valley School's application and address their remarks to the legislation Let the Planning Commission do their job Katy Myers, 8485 West 38th Avenue, a founding parent of the Compass Montessori School, told about their school and their community activities, parents are encouraged to follow safeguards on dropping off and picking up children CITY COUNCIL MINUTES February 28, 2000 Page - 5 - Bart Johnson, 3945 Newman Street, spoke to the integrity of the staff and parents of Alpine Valley School, his son was enrolled there for 1 year, but is no longer there He urged Council to reject the Ordinance or to exempt Alpine Valley Charles Harris, 14581 Garfield Street, Pastor of the Harmony Fellowship Church, 4501 Parfet Street, feels that the moratorium will negatively affect the traffic flow; if they can't sell to the Alpine Valley School, they will be forced to increase the number of services they currently have because their parking is maxed out; the church is creating a much greater traffic flow than the school would Greg Grossman, 9556 West 47th Avenue, is against the moratorium Richard Fulton, 10545 West 46th Avenue, principal at Compass Montessori School, wondered if this would affect their proposed expansion plans, if so, it would cause irreparable harm Donald Welshon read a letter from Mary Margaret Coates, 9835 West 35th Avenue, into the record, which stated that the traffic flow at Alpine Valley School would be a minimal increase Ron Patera, is concerned about the message we are sending out to the community; he requested that we not vote for this moratorium Tammy Welshon, stated if this passes it could kill their school because they might lose their funding Motion by Mrs Worth to approve Council Bill 09-2000 (Ordinance 1183), an Ordinance adopting a temporary moratorium on acceptance, processing and issuance of approvals for development of private and charter schools and structures in which nonprofit organizations operate, in industrial, commercial and agricultural zone districts within the City, and declaring an Emergency; with the following changes to the Ordinance, on Page 2, top whereas, delete "or request building permits, excavation permits", next whereas delete "building permits, excavation permits", last whereas delete "building or excavation permits", under Section 1 the first sentence read "The City Council hereby declares and imposes a moratorium upon the acceptance of applications for the following ", then delete (1) building or excavation permits and renumber the rest; and to change the title to read "processing acceptance of applications ,and delete processing and issuance of permits"; and that terminology in the Whereas sections that deal with processing and issuance would get changed as well to be consistent with the title change, seconded by Mr Siler CITY COUNCIL MINUTES February 28, 2000 Page - 6 - Motion by Ms Figlus to amend the Ordinance to exempt places with 2500 square feet or less in size, seconded by Mr DiTullio, tied 4-4 with Councilmembers Shaver, DiTullio, Figlus and Hanley voting yes Mayor broke the tie by voting no Motion failed 5-4 Vote on original motion tied 4-4 with Councilmembers Edwards, Shaver, Worth, and Siler voting yes Mayor broke the tie by voting no Motion failed 5-4 Motion by Mrs Worth to adjourn, seconded by Mr Siler; Motion by Mr Siler to amend to continue to a date certain, tomorrow night at 7 00 P m. and finish the agenda, seconded by Mrs Worth, failed 2-6 with Councilmembers Worth and Siler voting yes. Original motion failed 2-6 with Councilmembers Worth and Siler voting yes Motion by Mr DiTullio to go past 11 00 P m and finish the Agenda, seconded by Mr Edwards, carried 7-1 with Mrs Worth voting no Item 4. Council Bill 08-2000 - An Ordinance providing for the approval of a rezoning from Residential-Two and Restricted Commercial to Planned Commercial Development for property located at 9751 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-99-15) Council Bill 08-2000 was introduced on first reading by Mrs Worth, who also read the title Motion by Mrs Worth that Council Bill 08-2000 be approved on first reading, ordered published, public hearing be set for Monday, March 27, 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 Mr Edwards carried 8-0 Item 5. A. Council Bill 06-2000 - An Ordinance approving demolition of two municipally- owned buildings located at 6287 West 48th Place B Council Bill 07-2000 - An Ordinance approving demolition of the municipally- owned building located at 4900 Marshall Council Bills 06-2000 and 07-2000 were introduced on first reading by Mr Siler who also read the titles CITY COUNCIL MINUTES February 28, 2000 Page - 7 - Motion by Mr Siler that Council Bill 06-2000 be approved on first reading, ordered published, public hearing be set for Monday, March 27, 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 I further move that Council Bill 07-2000 be approved on first reading, ordered published, public hearing be set for Monday, March 27, 2000 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 Mr Mancinelli, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Board and Commission Appointments by District. Motion by Mr DiTullio to appoint the following people from District I Bea Slingsby to Animal Welfare and Control, term ending- 3/2/03 Susan Ford to Arborist Board, term ending - 3/2/03 William Echelmeyer to Board of Adjustment, term ending - 3/2/03 Kenneth Adams to Building Code Advisory Board, term ending - 3/2/03 Leonard Ortiz to Civil Service Commission, term ending - 3/2103 Patricia Robbins to Civil Service Commission, term ending - 3/2/01 Jean Schilling to Parks and Recreation Commission, term ending - 3/2/03 Marian McNamee to Planning Commission, term ending - 3/2/03 Robert Alldredge to Liquor Licensing Authority, term ending - 3/2103 seconded by Mr Edwards Mrs Worth pointed out that the two appointments to the Civil Service Commission actually live in other Districts Mr DiTullio explained that there were no applicants in District I Mr Siler will vote against this and any other slate where people that are currently sitting on a board and have done a good job are not re-appointed Mr Mancinelli will vote no for the same reason as Mr Siler; it sends out a bad message to remove people from the boards and commissions Mr Edwards supported term limits for elected officials and he supports term limits for boards and commissions, this doesn't mean they did a bad job, but sometimes it's good to get a fresh perspective Motion carried 5-3 with Councilmembers Siler Hanley and Mancinelli voting no CITY COUNCIL MINUTES February 28, 2000 Page - 8 - Motion by Mr Mancinelli to appoint the following people from District II Erna Mcintyre to Animal Welfare and Control, term ending- 3/2/03 Robert Reischman to Civil Service Commission, term ending - 3/2/03 Fred Fichtner to Parks and Recreation Commission, term ending - 3/2/03 Kristin Eschweiler Nelson to Parks and Recreation Commission, term ending - 3/2/02 Mary Ann Fuller to Personnel Commission, term ending - 3/2/03 Kent Davis to Liquor Licensing Authority, term ending - 3/2/03 seconded by Mr Siler; carried 8-0 Motion by Mrs. Shaver to appoint the following people from District III Jerry Montoya to Board of Adjustment, term ending - 3/2/03 Chris Theisen to Building Code Advisory Board, term ending - 3/2/03 Mary Margaret Coates to Parks and Recreation Commission, term ending - 3/2103 Martha MacDougall to Parks and Recreation Commission, term ending - 3/2102 Rosalind Bedell to Personnel Commission, term ending - 3/2/03 Mark Miller to Personnel Commission, term ending - 3/2/01 Nancy Snow to Planning Commission, term ending - 3/2103 William Snell to Liquor Licensing Authority, term ending - 3/2/03, seconded by Ms Figlus, carried 5-3 with Councilmembers Siler, Hanley and Mancinelli voting no Motion by Mrs. Worth to point the following people from District IV Robert Hance to Animal Welfare and Control, term ending- 3/2/03 Robert Jobin to Arborist Board, term ending - 3/2103 Jo Shaffer to Arborist Board, term ending - 3/2/03 John Kellow Building Code Advisory Board, term ending- 3/2/03 Tom Meyer to Building Code Advisory Board, term ending- 3/2/03 Norman Clark to Civil Service Commission, term ending - 3/2/03 Eugenia Merkle to Personnel Commission, term ending - 3/2/03 Paulette Gillis Cooper to Planning Commission, term ending - 3/2/03 Judy DiCroce to Liquor Licensing Authority, term ending - 3/2103, seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES February 28, 2000 Page - 9 - Item 7. Utility Undergrounding - Pierce Street between 26th and 32nd Avenues Motion by Mr DiTullio that $54,867 be paid to US West from Fund 65 for the purpose of undergrounding the overhead US West facilities on Pierce Street between 26th and 32nd Avenues I further move that the Purchasing Agent be authorized to sign the proposal for work to be provided I further move that $200,000 be transferred from Capital Unallocated Fund into the Undergrounding Fund Number 65, seconded by Mr Edwards, carried 8-0 Item 8. Speed Restraints on Otis Street between 41 st and 44th Avenues Motion by Mr Mancinelli that the plan to construct the two "raised-colored-concrete-features" on Otis Street, between 41 st and 44th Avenues, be approved as requested by neighborhood residents and recommended by the Department of Public Works, seconded by Mr Siler' carried 8-0 Item 9. Raised-Colored-Concrete feature on Teller Street (32nd to 33rd Avenues) Motion by Mr Edwards that the plan to construct a "raised-colored-concrete-feature" on Teller Street, in the location identified near 33rd Avenue, be approved as requested by neighborhood residents and recommended by the Department of Public Works, seconded by Mr DiTullio, carried 8-0 CONSENT AGENDA. Item 10. A. Special Use of Alcohol at the Wheat Ridge Recreation Center for Boards and Commission Dinner on April 8, 2000 B Approval of findings and decision in Case No WS-99-01 (Turgeon) C Reencumbrance of Aller-Lingle contract for preparation of the Baugh House construction drawings. D Purchase of a Chevrolet Tahoe for the Police Department, RFB #00-09 Purchase of a Chevrolet Suburban, RFB #00-08 Purchase of a Kawasaki Mule, RFB #00-07 E Approval of Expenditure Items CITY COUNCIL MINUTES February 28, 2000 Page - 10 - F Police Department Computer Project: Mobile Computing Interface Police Department Computer Project: CAD CCIC/NCIC Interface G Permanent Easements for Drainage Improvements on 48th Avenue Project # D-CC-O 1-99 Mrs Worth introduced the Consent Agenda and read the titles Ms Figlus asked to pull Item 10 A. Mr Mancinelli asked to pull Item 10 B Motion by Mrs Worth for the approval of Items 10 C D E. F G, seconded by Mr Edwards, carried 8-0 A. Motion by Ms Figlus to approve the Wheat Ridge Arts Council's request to submit an application for a Special Events Liquor License for the annual Boards and Commission dinner on April 8, 2000, seconded by Mr Siler; carried 8-0 B Motion by Mr DiTullio to approve the findings and decision in Case No WS-99- 01/Turgeon, seconded by Mr Edwards, carried 5-3 with Councilmembers Siler, Hanley, and Mancinelli voting no CITY ATTORNEY'S MATTERS Motion by Mrs Worth to direct the City Attorney to draft an Ordinance allowing Board and Commission members to serve in a District other than the one they live in, seconded by Mr Siler; carried 8-0 ELECTED OFFICIALS MATTERS Mrs Worth asked for consensus that the Boards and Commission members, including EDARC, who have served during this last year, receive a 1 day pass to the Recreation Center Consensus was 8 in favor Mrs Worth asked for consensus to have staff look into rules on Item 3 for schools, charter schools and non-profit organizations Consensus was 7 in favor CITY COUNCIL MINUTES February 28, 2000 Page - 11 - City Council thanked all the applicants for Boards and Commissions and also the people who have served in the past. Mrs Shaver asked that we address policies for cash bars at the Rec Center Mr Wardle stated that this is being addressed by the Parks Commission and will be brought to City Council Motion by Mr Edwards that the City Manager go out for request for qualifications to have some guidance from an outside firm to work on Comprehensive Street Scape Manual, seconded by Mr DiTullio, carried 8-0 Motion by Mr Edwards to adjourn, seconded by Mr DiTullio, carried 7-1 with Mrs Worth voting no Meeting adjourned at 11 50 P m _/1 Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON MARCH 13, 2000 BY A VOTE OF ~ TO ~ The preceding Minutes were prepared according to S47 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