Loading...
HomeMy WebLinkAbout02/12/1996 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building Februarv 12. 1996 The Regular City Council was called to order by Mayor Wilde at 7'00 p m Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean Fields, Janelle Shaver, Ken Siler, and Claudia Worth. Tony Solano was absent. Also present: City Clerk, Wanda Sang, City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Planning, Glen Gidley; Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES of January 22, 1996 Motion by Mr Eafanti for the approval of the Minutes of January 22, 1996, seconded by Mr Siler; carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor Wilde read Proclamation on Neighborhood Awareness Year CITIZENS' RIGHT TO SPEAK Tom Slattery read a proclamation from Wheat Ridge United Neighborhoods into the record which was also regarding Neighborhood Awareness Year Mr Siler asked for Council consensus to have the "information only" item, a presentation on emission testing by Regional Air Quality and Envirotest, be made into Item #8, and to renumber the Agenda accordingly Consensus was 5 in favor Mrs Worth asked for Council consensus to add an item to the Agenda, which would be Item #16, appointments to Boards and Commissions This was inadvertently left out of the Agenda. Consensus was 7 in favor CITY COUNCIL MINUTES February 12, 1996 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 3 - An Ordinance providing for the approval of rezoning from Agricultural-One and Residential-Three to Agricultural-One and Residential-One on land located at 4430 Tabor Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-95-18) (Rodney W Fisher and Diane L. Davison) Council Bill 3 was introduced by Mrs Worth on second reading, title read by the Clerk; Ordinance No 1013 assigned Applicant, Rodney Fisher, 4430 Tabor Street, was present and sworn in by the Mayor He gave reasons for the rezoning request, asked for approval and answered Councils' questions Glen Gidley was sworn in by the Mayor, presented the staff report and answered Councils' questions Motion by Mrs Worth that Council Bill 3 (Ordinance 1013), a request for approval of rezoning from Agricultural-One and Residential-Three to Agricultural-One and Residential- One for property located at 4430 Tabor Street, be approved for the following reasons 1 The proposed zoning is in conjunction with the Comprehensive Plan 2. The rezoning criteria support this request. 3 There has been no overriding protest registered by surrounding property owners, seconded by Mr Eafanti, carried 7-0 Motion by Mrs Worth that Case No MS-95-5, a request for a two-lot minor subdivision filed under the name of Davisher, located at approximately 4430 Tabor Street, be approved for the following reasons 1 The plat is consistent with the minimum requirements established in Agricultural-One and Residential-One zone districts 2 All requirements of the Subdivision Regulations have been met; seconded by Mr Eafanti, carried 7-0 Item 2. Council Bill 1 - An Ordinance permitting multiple charges upon a single notice to abate or summons and complaint. Council Bill 1 was introduced on second reading by Mr DiTullio, title read by the Clerk; Ordinance No 1014 assigned Motion by Mr DiTullio for approval of Council Bill 1 (Ordinance 1014), seconded by Mr Eafanti, carried 5-2 with Mrs Worth and Mrs Shaver voting no CITY COUNCIL MINUTES February 12, 1996 Page -3- Item 3. Council Bill 2 - An Ordinance concerning notification of disturbances in licensed premises Council Bill 2 was introduced by Mr Siler on second reading, title read by the Clerk. Council had various suggestions as to how to change the language in this Ordinance Chief Hurst and Mr Dahl will work on this Motion by Mr Siler to postpone this Item until February 26, 1996, seconded by Mr DiTullio, carried 7-0 Item 4. Council Bill 7 - An Ordinance amending Section 26-30(S) of the City of Wheat Ridge Code of Laws concerning exterior lighting standards Council Bill 7 was introduced on second reading by Mrs Fields, title read by the Clerk; Ordinance No 1015 assigned Motion by Mrs Fields for approval of Council Bill 7 (Ordinance 1015), seconded by Mr DiTullio, carried 7-0 Item 5. Council Bill 9 - An Ordinance providing for the permitting and regulation of bus stop shelters and advertising signage thereon Council Bill 9 was introduced on second reading by Mr Siler; title read by the Clerk; Ordinance No 1016 assigned Mrs Worth asked that a sentence be added under Section 21-151 after the first sentence to read "All such bus shelters shall be required to meet ADA requirements" Motion by Mr Siler for approval of Council Bill 9 (Ordinance 1016) with the addition of the above sentence, seconded by Mr Eafanti; carried 6-1 with Mr DiTullio voting no ORDINANCES ON FIRST READING Item 6. Council Bill 10 - An Ordinance providing for the approval of rezoning from Agricultural-One and Commercial-One to Residential-Two-A District on land located at 4470 Lee Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-96-1) (Benjamin Bandimere) Council Bill 10 was introduced on first reading by Mrs Worth, title read by the Clerk. CITY COUNCIL MINUTES February 12, 1996 Page -4- Motion by Mrs Worth that Council Bill 10 be approved on first reading, ordered published, public hearing be set for Monday, March 11, 1996 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 Siler; carried 7-0 Item 7. Council Bill 11 - An Ordinance concerning solicitation on or near a street or highway Council Bill 11 was introduced on first reading by Mrs Fields, title read by the Clerk. Motion by Mrs Fields that Council Bill 11 be approved on first reading, ordered published, public hearing be set for Monday, March 11, 1996 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 Eafanti, carried 4-3 with Councilmembers Dalbec, Worth and Shaver voting no DECISIONS. RESOLUTIONS. AND MOTIONS Item 8. Emissions Discussion Ken Lloyd, Executive Director of the Regional Air Quality Council, spoke in favor of the current emission program Michael O'Toole, with the State Department of Public Health and Environment, showed slides on emissions and spoke in favor of the program Marilyn Barkan, from Envirotest, told of their efforts to improve the program Arthur Apple, owner of an auto repair garage in Lakewood, spoke in opposition to the program, feels Council Resolution was fantastic Item 9. Consider funding request from Wheat Ridge Area Baseball Association Tim Peterson, President of The Wheat Ridge Area Baseball Association, asked Council's support for the costs connected with hosting the WRABA Roberto Clemente Regional and World Series tournaments Larry Merkl does not agree with giving $12,000 to Little League, he supports the in-kind- service through the Parks Department and maybe another $2,000 The City won't make enough sales tax to offset this expense, this will come up again next year and the year after that. He doesn't understand this philosophy of giving money away; please fix our streets, fix our infrastructure and give a little of the money to youth groups CITY COUNCIL MINUTES February 12, 1996 Page -5- Tony Fiasco agrees wholeheartedly with Larry Merkl Council is opening the doors for a multitude of over groups coming in asking for money He wondered how much the other cities are donating Motion by Mrs Shaver that $10,000 be appropriated from the general fund balance and transferred to Acct. No 606-799 to support the WRABA Roberto Clemente Regional and World Series tournaments and that the Parks Department in-kind-services also be provided, seconded by Mrs Worth. Motion by Mr DiTullio for a substitute motion for $5,000 and in-kind-services, seconded by Mrs Fields. Vote to allow the substitute motion carried 4-3 with Councilmembers Dalbec, Shaver, and Worth voting no Substitute motion carried 6-1 with Mrs. Shaver voting no Item 10. Resolution 1514 - authorizing the Jefferson County Open Space Officials to secure an appraisal, survey, title commitment, environmental assessment, determine fair market value and negotiate for the acquisition of the property consisting of eight (8) acres, more or less, located at 6287 West 48th Place in Wheat Ridge, Colorado, the Jaidinger property Resolution 1514 was introduced by Mr Siler; title read by the Clerk. Motion by Mr Siler for the adoption of Resolution 1514, seconded by Mrs Fields, carried 7-0 Item 11. Resolution 1515 - authorizing the Jefferson County Open Space Officials to secure an appraisal, survey, title commitment, environmental assessment, determine fair market value and negotiate for the acquisition of the property consisting of seven and six tenths (76), more or less, located at 4900 Marshall Street in Wheat Ridge, Colorado, the Wheat Ridge Sanitation Property Resolution 1515 was introduced by Mr Siler; title read by the Clerk. Motion by Mr Siler for the adoption of Resolution 1515, seconded by Mrs. Fields, carried 7-0 Item 12. Approval of the 1996/1997 Parks & Recreation Fee Policy and Budget Transfer to implement fee policy Motion by Mrs. Dalbec that the 1996/1997 fee policy be approved I further move that $5,650 be transferred from the General Fund balance to Acct. No 01-602-660 and the budget be amended accordingly; seconded by Mrs Shaver; carried 7-0 CITY COUNCIL MINUTES February 12, 1996 Page -6- Item 13. Resolution 1516 - to name the new Police Wing "Jack E Prose Police Wing" Resolution 1516 was introduced by Mr DiTullio, Clerk read the Resolution in its entirety Mrs Worth stated that Jack Prose was not only the Building Inspector for the City for 25 years, but worked very hard and was instrumental in the incorporation work for the City of Wheat Ridge He was a volunteer fireman for umpteen years, most of his adult life, he served on the Fire Board, he was the Civil Defense Coordinator for the City of Wheat Ridge until about three or four years before he died, he was involved in the formation of our Jefferson County HAZMAT Authority; he spent hours and hours of his own time at the Carnation Festival without pay; wired all booths for the Festival He was a unique man and is truly missed. Motion by Mr DiTullio for the adoption of Resolution 1516, seconded by Mrs Fields, carried 7-0 Item 14. Council Rule establishing meetings procedures and policies City Attorney prepared an addition to the City Council Rules regarding meetings of the City Council and presented them Mr DiTullio moved to send them to Study Session and Mr Siler seconded the motion After discussion, Mr DiTullio withdrew his motion Mrs Worth moved to postpone this to the next Study Session, February 20, 1996, and have Mr Dahl bring the changes to that meeting and then to the February 26, 1996 regular City Council meeting, seconded by Mr DiTullio, carried 7-0 Item 15. Funding for the Clear Creek Arts Festival. Mrs Shaver removed herself from the discussion of this topic and will also abstain from voting. She is involved in the Festival and will possibly get paid. Tony Fiasco reiterated his and Mr Merkl's earlier comments on the Baseball contribution He doesn't feel that $10,000 is appropriate, these are artists who are selling their work for profit; since the Wheat Ridge Historical Society is involved in this and Claudia Worth is their President, he feels this is a direct conflict of interest; she will be voting for something that her society will benefit from. Mr Dahl stated that there is no conflict of interest for Claudia Worth, there is no potential for financial gain or benefit, inasmuch as Mrs Worth does not receive a stipend from the Historical Society Mrs Worth stated she is not getting any financial gain from this It is not "her" Historical Society; there is a Board of Directors of 15 people who govern the society Everything she does is voted on and she is directed by the membership CITY COUNCIL MINUTES February 12, 1996 Page -7- Motion by Mr Eafanti to go past 11 00 p.m , seconded by Mr Siler; carried 7-0 Larry Merkl has a problem with $10,000; this is a private organization, the City will loose money that weekend, there is no parking, the pool will have to be closed, there will be expenses for the police and parks employees, give them in-kind service and that's enough Help the small business people in this City Doris Ibbison came with a list of questions regarding this item, which were answered by Mrs Worth Geoff Wodell is concerned that time seems a bit short to put this on, there is a lack of information, the obligations the City could incur seem unknown, there will be a lot of expense for the City over and above the $10,000, such as police officers and police cadets Motion by Mr Siler that $10,000 be appropriated from the general fund balance and transferred to Acct. No 606-799 for the purpose of supporting the Clear Creek Arts Festival, and that the budget be amended accordingly; I further move that in-kind-support be provided for this program from the City in an amount not to exceed $3,000; seconded by Mrs Dalbec, carried 4-2 with Mr DiTullio and Mr Eafanti voting no, Mrs Shaver abstaining Item 16. Appointments to Boards and Commissions. Motion by Mr Eafanti to appoint Don Lancaster to the Personnel Commission, seconded by Mrs Dalbec; carried 7-0 Motion by Mr Eafanti to appoint Lisa Rosson to the Parks and Recreation Commission, seconded by Mrs Dalbec; carried 7-0 Item 17. rg(Q)~~m /,';@~[t:I][Q)l'u" A. Resolution 1517 - approving an amendment and authorizing the Mayor and City Clerk to execute the first amendment to the Intergovernmental Agreement creating the Jefferson County Hazardous Substance Response Authority B Resolution 1518 - creating a money purchase retirement plan for department heads C Approval of fax machine policy o Bid Award for Recreation Brochure and City Newsletter (RFB #96-09) E. Resolution 1519 - stating opposition to Senate Bill 1996-69 CITY COUNCIL MINUTES February 12, 1996 Page -8- Motion by Mrs Worth to adopt the Consent Agenda, AB C D and E , seconded by Mr DiTullio, carried 7-0 Item 18. Approval of expenditure items Motion by Mrs Worth that the attached purchases be approved in the amounts indicated and that all costs be charged to the accounts shown on the purchase order report; seconded by Mrs Shaver; carried 7-0 CITY ADMINISTRATOR'S MATTERS Item 19. TCI information and Agenda distribution policy Mr Middaugh gave update on TCI proposed improvements Consensus was 6 in favor to hold training sessions at 5:30 p.m prior to Study Sessions and to have dinner during the training sessions. ELECTED OFFICIALS MATTERS Janelle Shaver thanked Council for their support for the Clear Creek Arts Festival She recognized some students from Wheat Ridge High School for swimming and wrestling Claudia Worth has attended several sessions at CML and as a result has come up with some resolutions at the request of CML. She is introducing them tonight because they have to be forwarded to the legislators as soon as possible She introduced Resolution 1520 - regarding pending legislation for liquor licensing requirements Resolution 1521 on Senate Bill 10 and Senate Bill 187, Bills relating to Telecommunications Services Resolution 1522 - stating opposition of the Wheat Ridge City Council to legislation limiting municipal land use authority Motion by Mrs Worth for the approval of Resolutions 1520,1521,1522, seconded by Mrs Shaver; carried 4-3 with Councilmembers Dalbec, Siler, and DiTullio voting no Mr Siler is voting no, because he didn't see these Resolutions until 5'30 tonight and has had no opportunity to study them Mrs Dalbec doesn't feel comfortable in voting for something she has had no time to study CITY COUNCIL MINUTES February 12, 1996 Page -9- Jean Fields asked if all the paperwork had been completed to name the 38th & Owens Park "Louise Turner Park" She asked that this be put on the next agenda as an item Ken Siler stated that he and Claudia Worth will get together on Friday morning at 8 30 at the Village Inn at 1-70 and Kipling to discuss information he picked up at DRCOG on highway funds and sound barriers He doesn't want anybody to think they are conducting an illegal meeting Teri Dalbec said they are still working on funding for sound barriers, she asked if Independence Court has been fixed City Affairs will meet the second Wednesday at 7 30 a.m Anybody can attend. Don Eafanti clarified that nobody voted against the Arts Festival, only the cost. Motion to appoint Tony Solano as our voting delegate for National League of Cities in Washington DC, seconded by Mr Siler; carried 6-1 with Mr DiTullio voting no Motion by Mr Siler for adjournment; seconded by Mr Eafanti, carried 7-0 Meeting adjourned at 12.22 a.m. / j. Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON FEBRUARY 26, 1996 BY A VOTE OF ~ TO ~ \! t \ ,l . ~ <. "- - \ ". Claudia Worth~ Council President' ,