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HomeMy WebLinkAbout07/22/1996 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building JULY 22. 1996 The Regular City Council Meeting 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, Tony Solano, and Claudia Worth. 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 July 8, 1996 Motion by Mr Eafanti for the approval of the Minutes of July 8, 1996, seconded by Mr Siler; carried 8-0 CITIZENS' RIGHT TO SPEAK There was no one present to speak. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Motion by Mrs Fields to add an Item to the Agenda, Change of Council Rules under Section 24, seconded by Mrs Worth, carried 7-1 with Mrs. Dalbec voting no This is to be Item 8 A. Motion by Mrs Worth to also add an Item to the Agenda, Resolution for National Night Out; Item 8 C, seconded by Mr Solano, carried 8-0 CITY COUNCIL MINUTES JULY 22, 1996 Page -2- Item 1. Council Bill 25 - An ordinance providing for the approval of rezoning from Planned Commercial Development to a revised Planned Commercial Development District on land located at 4990 Independence, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No. WZ-96-5) (Star Guide Corporation) Council Bill 25 was introduced on second reading by Mr Siler; title read by the Clerk; Ordinance No 1037 assigned Motion by Mrs Dalbec to move this behind Item 4 to allow Council to read the Minutes of the Planning Commission, which had not been available until now; seconded by Mrs Shaver; carried 5-3 with Councilmembers Eafanti, Siler, and Worth voting no Item 2. Council Bill 30 - An ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16.8 (b) (Council-Manager form of government) Council Bill 30 was introduced on second reading by Mr DiTullio, title read by the Clerk; Ordinance No 1038 assigned The following speakers were sworn in by Mayor Wilde Ray Pepe is in favor of Council-Manager form of government, but feels the Mayor should have a vote in the hiring and firing of the City Manager Don Lancaster is in agreement with Ordinance as written Mayor should retain his tie- breaking vote Susan Seeds asked that Council let the voters make the decision as to what form of government they would like; she also asked that information be sent to all Wheat Ridge residents so that they can make an informed decision Thomas Slattery read a letter from Wheat Ridge United Neighbors into the record, which asked that this be taken to the voters; WRUN is in favor of the Council-Manager form of government. CITY COUNCIL MINUTES JULY 22, 1996 Page -3- John Jerman pointed out that this change is not directed at anyone person, look only at what is best for the City; he hopes that this will be a unanimous vote in favor, because it is for the good of the people, this is a proven form of government that has been tried throughout the Nation and has proven to be successful, this will lead the City into the twenty- first Century Motion by Mr DiTullio for approval of Council Bill 30 (Ordinance 1038) with the following changes 1) Add "AND DECLARING AN EMERGENCY" to Council Bill 30's title 2) Delete current Section 5 and replace with a new Section 5 to read as follows. Section 5. Emeroencv Declared, Effective Date. Pursuant to Charter Section 5 13, the City Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the City of Wheat Ridge and that this Ordinance is necessary for the immediate preservation of public property, peace, health and safety Specifically, a City Council reconsideration or a Mayor veto of this Ordinance would not allow for sufficient time for citizens to enter into the petition process and would deny the citizens the possibility to vote on their form of government in the November 1996 election Pursuant to Charter Section 5 13, this Ordinance shall take effect upon final passage, seconded by Mrs Fields. Mr Siler will vote against this, he supports the change to Council-Manager form of government but feels the Mayor should have equal voting opportunities as all members of the Council, the Mayor is elected by the voters at large and maybe should have more responsibilities than he has now; this is a Council initiated change, not something asked for by the citizens. He will support this if the motion is changed to give the Mayor full voting rights. Mr Dahl asked that the following language be added on Page 3, paragraph 3 "Pursuant to Charter Section 17 7 the City Administrator serving upon the effective date of this Section 3 4 as amended, shall be deemed to have been appointed City Manager as provided hereby" This was accepted as part of the motion by motion-maker and second. Motion by Mr Solano to postpone the vote on this until after the City Attorney has time to draft the issue of the Mayor being a full voting member of Council, seconded by Mr Siler; failed 2-6 with Councilmembers Siler and Solano voting yes Original Motion carried 6-2 with Mr Eafanti and Mr Siler voting No CITY COUNCIL MINUTES JULY 22, 1996 Page -4- Item 3. Council Bill 32 - An ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to charter section 168 (b) (Elected Officials' terms) Council Bill 32 was introduced on second reading by Mrs Worth, title read by the Clerk; Ordinance No 1039 assigned Don Lancaster stated he agrees with this and supports it. Nancy Snow was sworn in by the Mayor She reminded everyone that this had been on the ballot before and been turned down, she feels this is a very self-serving type of issue to put on the ballot; she hasn't heard of any citizens rushing out to try and put this on the ballot; asked that Council vote against this. Motion by Mr DiTullio to postpone this indefinitely; seconded by Mrs. Dalbec; failed 4-4 with Councilmembers Dalbec, Shaver, DiTullio and Fields voting yes Mayor Wilde broke the tie by voting no Motion failed 5-4 Motion by Mrs Worth for the approval of Council Bill 32 (Ordinance No 1039), seconded by Mr Siler Mrs. Dalbec will vote against this because she does not like staggered terms and this bill would double the time in office from 6 to 12 years. Mrs Worth amended her motion that all references in the Charter to November 11, 1991 be changed to January 1, 1995. This was accepted by second Mr DiTullio called for the question, seconded by Mrs Dalbec; carried 8-0 Vote on original motion as amended failed 3-5 with Councilmembers Eafanti, Siler, and Worth voting yes Motion by Mrs Worth to now hear Item 1 instead of Item 4, seconded by Mr Siler; carried 8-0 CITY COUNCIL MINUTES JULY 22, 1996 Page -5- Item 1. Joe Jehn, engineer for applicant, was sworn in by the Mayor and presented the applicant's case Bob West, architect for the applicant, was sworn in and explained the building design Eric Pollock of Starguide Corporation was sworn in by the Mayor and told Council about his company Mr Middaugh and Mr Gidley were sworn in and presented the staff report. Motion by Mr Siler that Council Bill 25, (Ordinance No 1037) a request for approval of a rezoning from Planned Commercial Development to a revised Planned Commercial Development District and approval of an outline development plan for property located at 4990 Independence Street, be approved for the following reasons 1 There is compliance with the Comprehensive Plan 2 The request is compatible with adjacent zoning and land use 3 In general, the evaluation criteria support approval of this request; 4 to allow machinery up to 20 horsepower; seconded by Mr Solano, carried 8-0 Motion by Mr Siler that the request for approval of a Planned Commercial Development final development plan for property located at 4990 Independence Street be approved for the following reasons 1 The revised design provides better compatibility with adjacent land use based on structure massing and landscaped buffering 2 All requirements for a Planned Commercial Development final development plan have been met; seconded by Mr Solano Motion by Mrs Dalbec that in lieu of the sidewalk a crusher fine path be constructed; seconded by Mrs. Worth Mr Solano called for the question, seconded by Mr DiTullio, carried 6-2 with Mr Siler and Mr Eafanti voting no Motion failed 3-5 with Councilmembers Dalbec, Shaver, and Worth voting yes Motion by Mrs Dalbec to allow crusher fine along the west Lake Lot 2 and leave Lot 1 with sidewalk; seconded by Mrs Worth, failed 4-4 with Councilmembers Eafanti, Shaver, Worth, and Dalbec voting yes Mayor Wilde broke the tie by voting yes Motion carried 5-4 Vote on original motion as amended carried 8-0 CITY COUNCIL MINUTES JULY 22, 1996 Page -6- Motion by Mr Siler that the request for approval of a two-lot minor resubdivision for property located at 4990 Independence be approved for the following reasons 1 The resubdivision is required to accommodate the revised site plan 2. All requirements of the Subdivision Regulations have been met; seconded by Mr Solano Mr Solano asked for an amendment that the plat carry a note that the document conveying Lot 2 to the City be subject to approval by the City Attorney and City Planner on satisfactory completion of the required improvements to the Lot is added as a condition to the motion This was accepted as part of the motion Motion carried 8-0 Motion by Mrs. Dalbec that we move Agenda Item 5 before Agenda Item 4 because there are quite a few people here to speak on 5, seconded by Mr Siler; carried 7-1 with Mr DiTullio voting no Item 5. Council Bill 35 - An ordinance concerning required parking permits in restricted areas Council Bill 35 was introduced on first reading by Mrs Shaver; title read by the Clerk. Mr Middaugh explained that the reason for this Ordinance is problems with parking around the High School Problems include litter, loitering, vandalism of property, a variety of things that a neighborhood probably shouldn't have to put up with Motion by Mr Solano that we finish this agenda item and then adjourn the meeting; seconded by Mr Siler Mr DiTullio asked for an amendment that we also hear Item 6, which is also a first reading. Motion failed 4-4 with Councilmembers Eafanti, Siler, Solano, and DiTullio voting yes Mayor Wilde broke the tie by voting no Motion failed 5-4 Motion by Mrs. Worth that we suspend the Rules and go past 11 00 P m and finish the Agenda, seconded by Mrs Dalbec; failed 5-3 with Councilmembers Siler, DiTullio, and Solano voting no (This needs a super majority to pass) CITY COUNCIL MINUTES JULY 22, 1996 Page -7- The following speakers were sworn in by the Mayor' Sue Waring, 9655 West 35th Avenue, stated that there are many responsible students in Wheat Ridge High School, but it is the irresponsible, thoughtless ones that make it miserable for the surrounding neighborhood. She also submitted a list of problems from a neighbor who was unable to attend the meeting tonight. Jack Uster, 3405 Independence Court, explained that the neighborhood is getting fed up with the unruly behavior of the students parking on their streets Odarka Figlus, 9775 West 36th Avenue, also complained about the unruly behavior and urged Council to put this ordinance into effect before the school year starts Motion by Mrs Shaver that Council Bill 35 be approved on first reading, ordered published, public hearing be set for Monday, August 12, 1996 at 7'00 p.m in City Council Chambers, Municipal Building, and if approved on second reading, take effect upon passage, seconded by Mr Solano, carried 8-0 Motion by Mr DiTullio to continue this meeting until 6.00 pm, Monday, July 29, 1996, seconded by Mr Solano, carried 7-1 with Mrs Shaver voting no Meeting adjourned at 11 :25 p m July 29, 1996 The continued Regular City Council meeting of July 22, 1996 was called to order by Mayor Wilde at 6'00 p m Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean Fields, Janelle Shaver, Ken Siler, Tony Solano, and Claudia Worth 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; staff; and interested citizens CITY COUNCIL MINUTES JULY 22, 1996 Page -8- Item 4. Council Bill 21 - An ordinance amending Chapter 5 of the Code of Laws of the City of Wheat Ridge, relating to Buildings and Building regulations Council Bill 21 was introduced on second reading by Mr Solano, title read by the Clerk; Ordinance No 1039 assigned Motion by Mr Solano for the approval of Council Bill 21 (Ordinance No 1039) with the corrections in Section 5 45, outlined in Mr Dahl's memorandum, seconded by Mrs Dalbec; carried 8-0 ORDINANCES ON FIRST READING Item 6. Council Bill 36 - An ordinance concerning City-initiated rezoning Council Bill 36 was introduced on first reading by Mr DiTullio, title read by the Clerk. Motion by Mr DiTullio that Council Bill 36 be approved on first reading, ordered published, public hearing be set for Monday, August 12, 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 Mrs Fields. Motion by Mrs. Dalbec to amend the Council Bill to delete references to multiple-property rezoning and five parcels, seconded by Mrs Shaver; failed 3-5 with Councilmembers Eafanti, Dalbec, and Shaver voting yes. Original Motion carried 7-1 with Mrs Dalbec voting no Item 7. Council Bill 37 - An ordinance amending Chapter 21 of the Code of Laws of the City of Wheat Ridge pertaining to street width designation Council Bill 37 was introduced on first reading by Mrs Fields, title read by the Clerk. Motion by Mrs Fields that Council Bill 37 be approved on first reading, ordered published, public hearing be set for Monday, August 12, 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 DiTullio, carried 8-0 CITY COUNCIL MINUTES JULY 22, 1996 Page -9- DECISIONS. RESOLUTIONS. AND MOTIONS Item 8, A. Council Rule Change to section 2.4 Item 8 A. was introduced by Mrs, Fields City Clerk read the proposed Council Rule Change" 2.4 Right of Floor. Each member requesting to speak on an agenda item must be first recognized by the preSIding officer, shall confine himself to the question under diSCUSSIOn, aVOId personalties and refrain from impugning the motives of any other member's argument or vote. Each member will be allowed two (2) five (5) minute question and answer periods per agenda item. Before a vote, each Councilmember will be allowed to make a statement up to three (3) minutes regarding the agenda item in question for a total of thirteen (13) minutes. Answers to questions will be included in the tIme and the time will not be cumulatIve. Reading of material mto the record IS not held agamst a Councilmember's three (3) minute statement. No member shall be allowed to speak more than once upon anyone agenda item until every other member choosing to speak thereon shall have spoken. Motion by Mrs Fields for adoption of Council Rule 2.4, seconded by Mr Siler Motion by Mrs Worth to exempt quasi-judicial matters from this Rule, seconded by Mrs Dalbec; failed 4-4 with Councilmembers Eafanti, Dalbec, Shaver, and Worth voting yes, Mayor Wilde broke the tie by voting no Motion failed 5-4 Vote on original motion carried 5-3 with Councilmembers Dalbec, Shaver, and Worth voting no Item 8. B. Resolution 1540 - establishing Public Works review fee structure for building permit applications Resolution 1540 was introduced by Mr DiTullio, title read by the Clerk. Motion by Mr DiTullio for approval of Resolution 1540; seconded by Mrs Dalbec Motion by Mr Solano to be allowed to abstain from voting on this Resolution because he has an application for a building permit on file, seconded by Mr DiTullio, carried 5-2 with Mr Eafanti and Mrs Worth voting no Motion carried 7-0 with Mr Solano abstaining. CITY COUNCIL MINUTES JULY 22, 1996 Page -10- Item 8. C. Resolution 1546 - National Night Out, August 6, 1996. Resolution 1546 was introduced by Mrs Worth and read in its entirety Motion by Mrs Worth for the adoption of Resolution 1546, seconded by Mrs, Dalbec; carried 8-0 Item 9. Conference Room Furniture. Motion by Mrs Dalbec to bring this to a Study Session, seconded by Mrs Worth Motion by Mrs Dalbec to withdraw her motion, seconded by Mrs Worth, carried 6-2 with Mr Siler and Mrs Worth voting no Motion by Mr DiTullio that staff come back with three estimates to present to Council, seconded by Mr Solano, carried 7-1 with Mr Eafanti voting no Item 10. Resolution 1543 - submitting a ballot question to the registered electors of the City of Wheat Ridge, Colorado, for decision at the regular general election to be held on November 5, 1996 Resolution 1543 was introduced by Mrs. Worth, title read by the Clerk. Motion by Mrs Worth for approval of Resolution 1543, seconded by Mr Siler; failed 4-4 with Councilmembers Eafanti, Worth, Shaver, and Siler voting yes Mayor Wilde broke the tie by voting yes. Motion carried 5-4 Item 11. Resolution 1544 - submitting a ballot question to the registered electors of the City of Wheat Ridge, Colorado, for decision at the regular general election to be held on November 5, 1996 Resolution 1544 was introduced by Mrs Worth, title read by the Clerk. Motion by Mrs Worth that Resolution 1544 be approved; seconded by Mr Siler; carried 6-2 with Mrs Dalbec and Mr DiTullio voting no CITY COUNCIL MINUTES JULY 22, 1996 Page -11- Item 12. Approval of Expenditure Items Motion by Mr Solano that the attached purchases be approved in the amounts indicated and that all costs be charged to the account shown on the purchase order report; seconded by Mrs Worth; carried 8-0 Item 13. (g;(g)~~001I m(~~[t:!][Q)Li:L A. Supplemental appropriation for 1995 Comprehensive Annual Financial Report. B Computer Software Purchases for 1996. C Custom Casework for the Police Department booking room D Acceptance of deed for parcel of land in Littlejohn Subdivision E Site Lease Agreement. F Resolution 1545 - approving lAG between the City of Wheat Ridge, and the Town of Mountain View, relating to the use of non-resident vouchers for recreation programs Motion by Mr Solano for the approval of the Consent Agenda as printed; seconded by Mr Siler Mr DiTullio asked to pull Item B Motion carried 8-0 B Mr DiTullio questioned why we were purchasing different programming languages He moved for approval of B with the exception of 6 8 9 10 and 19 and asked that staff come back with an explanation on those software packages, seconded by Mrs Dalbec; carried 8-0 CITY COUNCIL MINUTES JULY 22, 1996 Page -12- CITY ATTORNEY'S MATTERS City Attorney, Gerald Dahl, read Resolution 1547 into the record, a Resolution authorizing condemnation of property interests for the City of Wheat Ridge Community Center and Recreation program (This refers to the Copa Cabana building and the adjacent 7-11 Store) Motion by Mrs Worth for adoption of Resolution 1547, seconded by Mrs Dalbec; carried 8-0 Motion by Mrs, Worth for the execution of the purchase contract not to exceed $586,000 to purchase the Copa Cabana and the property also known as the old 7-11, seconded by Mrs, Dalbec; carried 8-0 ELECTED OFFICIALS MATTERS Motion by Mrs, Worth to reserve Council Chambers for a Candidates' Forum on September 30, 1996, seconded by Mrs. Dalbec; carried 8-0 Motion by Mrs Worth that staff bring in an Ordinance to address dumpsters on A-1 properties, seconded by Mrs. Dalbec; carried 7-1 with Mr DiTullio voting no Motion by Mrs. Fields to appoint Michael Emarine to the Personnel Commission to fill the vacancy in District I, seconded by Mr DiTullio, carried 8-0 Teri Dalbec asked that staff investigate reports she had heard that the water quality was to be changed Motion by Mr Solano to adjourn, seconded by Mr DiTullio, carried 8-0 Meeting adjourned at 8'00 p m 11 , / \i ,'" _ ,d fA. Hi .J.. ' / ,c. ,.' wanda Sang, City Clerk,-, ') APPROVED BY CITY COUNCIL ON AUGUST 12, 1996 BY A VOTE OF --1L. TO ~ Ii \ I ' , , ' , bta~dia Worth, Council President