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HomeMy WebLinkAbout01/08/2001 January 8. 2001 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The Regular City Council Meeting was called to order by Mayor Cerveny at 700 P m Councilmembers present: Jerry DiTullio Vance Edwards, Odarka Figlus, Harry Hanley, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth Also present: City Clerk, Wanda Sang, Acting City Manager Jack Hurst; City Attorney, Gerald Dahl Director of Planning Alan White, Director of Public Works, Bob Goebel, staff" and interested citizens APPROVAL OF MINUTES OF December 12,2000 December 18,2000 Motion by Mr DiTullio for the approval of the Minutes of December 12 and December 18, 2000, seconded by Mrs Worth, carried 8-0 CITIZENS' RIGHT TO SPEAK Frosty Wooldridge asked that Council pass a Resolution asking the Congress and President to support a reduction of immigration from 1 5 million annually, to under 100,000 and to encourage population stabilization in the USA. Michael Mac Gerry agreed with Mr Wooldridge and asked that Council invite them to a work session to give them the opportunity to present their information Mrs Worth asked for consensus to place this on the Study Session in March or April for a 30 minute time frame, consensus was 6 in favor Tim Brungardt spoke on behalf of "Each One Reach One" and the Unity Council of Wheat Ridge High School He reported on the work they did during the Christmas season to help needy families He pointed out that they not only help out during the holidays, but that this is a year-round effort. CITY COUNCIL MINUTES JANUARY 8, 2001 Page - 2 - APPROVAL OF AGENDA Motion by Mr DiTullio to add an Executive Session after Elected Officials Matters under Section 5 7(b)(3) of the Charter and to adjourn from there seconded by Mrs Worth, carried 8-0 PUBLIC HEARING AND ORDINANCES ON SECOND READING Item 1. Council Bill 33 - An ordinance providing for the approval of a rezoning from Residential-Three and Commercial-One to a planned residential development and approval of an outline and combined preliminary and final development plan for property located at 4445 Parfet Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Vince Hopkins - Case no WZ-00-06) Approval of Subdivision for 4445 Parfet and 11050 West 45th Avenue Item 1 was introduced by Mr DiTullio, who also read the title Clerk assigned Ordinance No 1213 Vince Hopkins, applicant, was sworn in by the Mayor; he explained his plans for the property Meredith Reckert, Senior Planner for the City of Wheat Ridge, was sworn in by the Mayor and presented the staff report. Mike Ota, 4420 Pierson Street, was sworn in by the Mayor; he and his neighbors are concerned about the height of the building being built and wants the duplexes to be single story buildings is concerned about future drainage problems and who will be responsible to take care of them Georgia Ota, 4420 Pierson Street, was sworn in by the Mayor; she asked what could be built in an R-3 zone She pleaded that one of the beautiful trees be saved Barbara Newman 4430 Pierson Street, was sworn in by the Mayor and asked who initially set the property lines, also questioned future drainage problems Motion by Mr DiTullio for approval of a two-lot minor subdivision for property located at 4445 Parfet Street and 11050 West 45th Avenue for the following reasons CITY COUNCIL MINUTES JANUARY 8, 2001 Page - 3 - 1 A subdivision would be required to separate the northern portion of the property 2 The minimum requirements for the R-2 district have been met. 3 With minor corrections, all requirements of the Subdivision Regulations have been met. With the following condition The developer be required to contribute 5% of the land value for park land purposes and that this be paid prior to the recording of the development plan and plat; seconded by Mr Mancinelli Mrs Shaver asked if the adjacent property owners had been notified of their right of legal protest. Ms Reckert replied that was not included in their notification letter City Attorney Dahl asked for a 10 Minute recess to investigate Mrs Shaver's concerns regarding the right of legal protest notification Mayor set a 15 Minute Recess City Attorney, Jerry Dahl, stated that there are two sets of notices required for this matter One is for the subdivision application that notice is correct and complete and gives Council power to act on the subdivision motion The other notice for the rezoning and development plans is defective because it did not contain the Charter section on protest rights He reviewed the file during recess and no such copy of the protest rights was enclosed Council did not have jurisdiction to act on the rezoning pieces Those will have to be re-noticed you don't have to do the first reading again but you will have to do the second reading and the ordinance will be re-published and the letter with the required protest language has to be mailed out. The subdivision notice is correct and complete and Council has jurisdiction to act on the subdivision side, it is related, but it is an action you can take without compromising any of your desires to have conditions on the zoning and the PRD plan Motion by Mrs Worth to postpone the motion until such time as all the legal notices have gone out and then reset it for a hearing on second reading at the Council President's discretion, seconded by Ms Figlus, failed 3-5 with Councilmembers Shaver, Worth, and Figlus voting yes Original motion carried 6-2 with Mrs Shaver and Mrs Worth voting no CITY COUNCIL MINUTES JANUARY 8, 2001 ORDINANCES ON FIRST READING Page - 4 - Item 2. Council Bill 01 - An Ordinance approving Demolition of two municipally-owned buildings located at 6287 West 48th Place (Jaidinger House) Council Bill 01 was introduced by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler to approve Council Bill 01-2001 on first reading order it published set the public hearing date for February 12, 2001, and if approved on second reading, take effect 15 days after final publication I further move that the Historical Society be given permission to remove historical artifacts before demolition I further move that the last sentence under Section 2 (3) read "The foot print and associated lateral supporting soils of the house and barn shall be backfilled and stabilized" Section 2 (2) read demolition of the horse shed and former chicken coop seconded by Mr DiTullio, carried 7-1 with Mrs Shaver voting no DECISIONS, RESOLUTIONS, AND MOTIONS Item 3. Award Bid RFB-00-36, 2001 Annual Street Maintenance Materials to various firms in the amount of $45,00000 Item 3 was introduced and read by Mr Edwards Motion by Mr Edwards to award Bid RFB-00-36 2001 Annual Street Maintenance Materials to various vendors in the total amount of $45,000 with the exception of sand and salt. Award sand and salt in accordance to the City of Northglenn award All other items may be renewed for a one year term with the option to renew for two i-year renewal periods, seconded by Mr DiTullio, carried 8-0 Item 4. Disposition of the Council Finance Committee Item 4 was introduced by Mr DiTullio Motion by Mr DiTullio to terminate the City Council's Finance Committee effective immediately; seconded by Mr Siler; carried 8-0 CITY COUNCIL MINUTES JANUARY 8, 2001 Page - 5 - Item 5. Consent AQenda A. Change in Auto Allowance for Police Chief (Acting City Manager) B City Expenditures C Award Bid RFP-00-43 for Court Administration Furniture to Interior Solutions of Denver, Inc in the total amount of $3361410 D Ratification of Urban Renewal Appointments (Mayor) Consent Agenda was introduced and read by Mrs Worth Motion by Mrs Worth to approve the Consent Agenda seconded by Mr DiTullio, carried 8-0 COUNCIL COMMITTEE REPORTS Ken Siler - City Affairs Committee - next meeting January 22 2001 Vance Edwards - Public Works Advisory Committee - had meeting with consultant last Thursday; met again this evening, third public forum will be next Wednesday at Community Center Motion by Mr Edwards to allow the Public Works Advisory Committee to work to gather information on the Main Street Program, talk to individuals in the community and bring that information back to the City Council at the February 19 Study Session, seconded by Mr Siler; carried 8-0 He noted that there will be consultation with the City Affairs and Economic Development Committee because there are components of this that are non capital side that are important and we need to involve other individuals CITY ATTORNEY'S MATTERS Mr Dahl gave update on negotiations with the City's Cable Franchise with AT&T, this will come to Council in the form of an Ordinance within the next few Council meetings CITY COUNCIL MINUTES JANUARY 8, 2001 ELECTED OFFICIALS MATTERS Page - 6 - Councilmembers Siler, Worth and Shaver notified Councilmembers that they will be going to National League of Cities meeting in March Motion by Mr DiTullio to hold the February 19 Study Session on Tuesday, February 20 2001 and have the Clerk publish that; seconded by Mr Siler; carried 8-0 (February 19 is President's Day a City holiday) Motion by Mr Siler to allow Mr Edwards to continue the ongoing discussion regarding the NorthWest Parkway as indicated by Mr Edwards, seconded by Mrs Worth, carried 7-1 with Mr DiTullio voting no Motion by Mrs Worth that Mr Edwards go to the Transportation Committee and vote in the affirmative to hire a lobbyist from Jefferson County. seconded by Mr Siler Mr DiTullio feels this is Jefferson County's job to get a lobbyist not the City of Wheat Ridge's Ms Figlus called for the question carried 8-0 Motion carried 6-2 with Mr DiTullio and Mr Hanley voting no Motion by Mr Siler that Mr Edwards vote affirmative for funding for an underpass on Wadsworth and Grandview. seconded by Mr Mancinelli carried 7-1 with Mr DiTullio voting no Mr DiTullio suggested that Arvada hire their own lobbyist to work on funding for this Meeting adjourned into Executive Session Executive Session was held. Meeting adjourned at 10 35 p m ( i , _ '" C ,,'I r,,~ /. Wanda Sang, City Clerk' APPROVED BY CITY COUNCIL ON JANUARY 22, 2001 BY A VOTE OF JL TO ~ /~ Jer Di lIio, Council President 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