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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
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_ ,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