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Home My WebLink About07/14/1997 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building JULY 14, 1997 The Regular City Council was called to order by Mayor Wilde at 7'00 pm 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 Manager, Robert Middaugh, City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES OF June 23,1997 Motion by Mr Eafanti for the approval of the Minutes of June 23, 1997, seconded by Mr Solano carried 8-0 (Several corrections were requested and subsequently made) CITIZENS' RIGHTS TO SPEAK Scott Read, 7180 West 48th Avenue, asked Council to accept the 9 to 10 Petition Pages that had been turned in to the Public Works Department regarding traffic management on West 48th Avenue, there is a difference of opinion between more than one person in a household signing the petition and he also wants renters to be counted not only homeowners Anne Osterloh, 3295 Independence Court, asked that Council refer the proposed Ordinance concerning minimum corral area for large animals to the Animal Control and Planning Commissions so that another issue might be addressed In her neighborhood the problem is not one of corral size, but cleanliness Perhaps the City could enact an Ordinance that would allow them to clean up the manure similar to the weed program and then bill the property owner Tim Osterloh, 3295 Independence Court, agreed with his wife's suggestions, and added that perhaps a three strikes clause could be added that would prevent repeat violators to have any animals on their property for a year and after that be put on probation for a year Something needs to be done before a few horse owners in Wheat Ridge ruin it for all the horse owners He invited all of Council to come over to his house to see the situation for themselves WHEAT RIDGE CITY, iJNCIL MINUTES. July 14, 199i _ Page -2- Lisa Marcellus, 7390 West 48th Avenue, was very disillusioned and disappointed that renters were left out of the petition process, she has been a renter on 48th Avenue for nine years and that Council has taken away her voice on her neighborhood and her street and the school that her kids attend As a resident she feels she has every right to have a voice Mrs Fields moved to add an Item 3 A to the Agenda. Discussion concerning the time line for reviewing the Comprehensive Plan Review Committee's recommended changes for R-2, R-3 and PRO Zone Districts, seconded by Mr DiTullio, carried 7-1 with Mr Siler voting no Motion by Mr DiTullio add an Item 2. E to the Agenda. Council Bill 23 - An Ordinance providing for the approval of rezoning from Residential-Two to Planned Commercial Development and for approval of an outline development plan on land located at 3470 Wadsworth Blvd, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-97-8), seconded by Mr Eafanti, carried 8-0 Mr Middaugh asked that an Executive Session be added to the Agenda regarding two property acquisitions and he expects that Council will need to take two actions as a result of the Executive Session Motion by Mrs Worth to add an Item 4. B. to the Agenda, to hold an Executive Session under Section 57 (B) (1) and (3), and further moved that after the Executive Session formals votes be taken on the two items, seconded by Mr Siler; carried 7-1 with Mr DiTullio voting no PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 14 - An Ordinance adding Section 25 of Chapter 25 of the Code of Laws of the City of Wheat Ridge, Colorado, concerning duties of the Economic Development and Revitalization Commission Council Bill 14 was introduced on second reading by Mr DiTullio, who also read the title and summary; Ordinance No 1078 was assigned by the Clerk. Mrs. Shaver will vote against this Ordinance because she believes Economic Development and Urban Renewal should be kept separate She stated that a similar ordinance was recently defeated and she didn't think this should be brought up again before six months are up Mrs. Dalbec will also vote against this because she feels we have a Resolution that should have probably been passed as an Ordinance in the past before this Council got elected two years ago that set up a separate Economic Development Commission, but it never got off the ground By combining these two entities we are asking for a lot of trouble WHEAT RIDGE CITY ,_ tJNCIL MINUTES July 14, 199i _ Page -3- Mrs Worth will vote no because last time we tried to combine the two, we lost all economic development in this City and you just don't put these two different cows together She has objected to this from the very beginning and will continue to do so Motion by Mr DiTullio for approval of Council Bill 14 (Ordinance 1078), seconded by Mrs Fields, carried 5-3 with Councilmembers Shaver, Worth, and Dalbec voting no ORDINANCES ON FIRST READING Item 2. A. Council Bill 19 - 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), concerning term limitations for the Mayor B Council Bill 20 - 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), concerning term limitations for City Councilmembers C Council Bill 21 - 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), concerning term limitations for the City Clerk. D Council Bill 22 - 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), concerning term limitations for the City Treasurer Item 2 was introduced by Mr Siler; titles read by the Clerk. Mr Siler asked that Item B be discussed first. Mr Dahl distributed corrected versions of Council Bills 19, 20, 21, and 22 and asked that Council disregard the versions in their packet. Boyd Adsit, 3245 Moore Street, President for Wheat Ridge Alliance for Progress, read a letter into the record, which supports two 4-year staggered terms for Council, two 4-year terms for Mayor and an unlimited number of 4-year terms for Treasurer and City Clerk. Motion by Mr Siler that Council Bill 20 be approved on first reading with Mr Dahl's amendments, ordered published, public hearing be set for Monday, July 28, 1997 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 Mrs Dalbec will vote no because she feels that two-year terms allow people to have a say on a regular basis and this has worked well for many years WHEAT RIDGE CITY 1._ JNCIL MINUTES July 14, 199i _ Page -4- Mrs. Dalbec moved to make an amendment to the ballot title, that instead of impose term limits it read "and adjusting term limitations thereon", seconded by Mr Siler; carried 6-2 with Mr DiTullio and Mrs Fields voting no Motion as amended carried 7-1 with Mrs Dalbec voting no Motion by Mr Siler that Council Bill 19 be approved on first reading with Mr Dahl's amendments, ordered published, public hearing be set for Monday July 28, 1997 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 Solano, carried 7-1 with Mrs. Dalbec voting no Mrs Dalbec has not been approached by any voters asking that 4-year terms be put on the ballot. Motion by Mr Siler that Council Bill 21 be approved on first reading with Mr Dahl's amendments, ordered published, public hearing be set for Monday, July 28, 1997 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 Solano, carried 8-0 Motion by Mr Siler that Council Bill 22 be approved on first reading with Mr Dahl's amendments, ordered published, public hearing be set for Monday, July 28, 1997 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 Worth, carried 8-0 Item 2. E. Council Bill 23 - An Ordinance providing for the approval of rezoning from Residential-Two to Planned Commercial Development and for approval of an outline development plan on land located at 3470 Wadsworth Blvd., City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-97-8) Council Bill was introduced on first reading by Mr DiTullio, who also read the title and summary Motion by Mr DiTullio that Council Bill 23 be approved on first reading, ordered published, public hearing be set for Monday, August 11, 1997 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 Solano, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. Council Rules Discussion Mrs. Fields had requested to put this Item on the Agenda. She doesn't want to change the Rules, only wants people to follow them On Page 2, it says that if a member is absent from a meeting they are to notify the City Clerk and the City Clerk will notify Council at the beginning of the meeting why such Councilmember is absent. She can't remember when this was ever done and she doesn't know why WHEAT RIDGE CITY I...- UNCIL MINUTES July 14, 199i _ Page -5- Motion by Mr Siler to defer this discussion to a future Study Session, seconded by Mr Solano, carried 6-2 with Councilmembers DiTullio and Fields voting no Item 3. A. Discussion concerning the time line for reviewing the Comprehensive Plan Review Committee's recommended changes for R-2, R-3 and PRO Zone Districts Motion by Mrs Fields to hold a joint meeting with the Comprehensive Plan Review Committee on the July 21, 1997 Study Session, seconded by Mr DiTullio, carried 8-0 Item 4. An Ordinance amending Section 26-30(L) of the Wheat Ridge Code of Laws, concerning minimum corral area for large animals. Item 4 was introduced by Mr DiTullio, who also read the title and summary Motion by Mr DiTullio that the issue establishing a corral size for large animals be referred to the Animal Control Commission and then the Planning Commission for action, I further move to remove the horse discussion from the July 21 Study Session and I further move to direct Animal Control Commission and Planning Commission to address the issue of large animals where desired, seconded by Mr Solano Motion by Mrs Dalbec for an amendment removing the word "establishing" and it read "the issue concerning corral area size for large animals be referred to the Animal Control Commission", seconded by Mrs Shaver; carried 6-2 with Mr DiTullio and Mrs. Fields voting no Ann Smith, 780 Beech Street, Golden, President of Jefferson County Horse Council, presented informational brochures about their organization, they would like to be involved in any Council decisions regarding large animals, they are here to benefit Council with their expertise in the area of keeping horses and their health and welfare, fly control, manure clean-up, etc Louise Turner, 11256 West 38th Avenue asked that something be put back into our Ordinance that precludes problems and protects the animals Some of this was inadvertently deleted from our laws during the LDR Task Force rewrite of the Code Janice Thompson, 12290 West 42nd Avenue, proposed that Council change their previous motion that we need to form a group of people, such as Livestock Association, Animal Control Commission, members of the Horse Commissions, citizens, people that have animals and people that don't have animals, who work on these Ordinances and look at them and make them compatible Vote on motion as amended carried 8-0 WHEAT RIDGE CITY ,_ UNCIL MINUTES July 14, 199", _ Page -6- Item 4. B. Motion by Mrs Worth to hold an Executive Session under Section 57 (B) (1) and (3), and further moved that after the Executive Session formals votes be taken on the two items, seconded by Mrs Dalbec; carried 8-0 Motion by Mrs. Worth to authorize the purchase of the property at 11361 West 44th Avenue (Baugh property) for $277,500 with the contract in deed form to be paid from Open Space Fund, seconded by Mrs Dalbec; carried 8-0 Motion by Mr Solano that the City Attorney be directed to go back on the attorney fee claim, seconded by Mrs. Dalbec; carried 6-2 with Mr DiTullio and Mrs. Worth voting no Resolution 1613 - declaring the intent of the City of Wheat Ridge to acquire a fee simple interest in property at 4075 Kipling Street for the specified public purpose of public recreation, further continuance of good faith negotiations to acquire said property interest, and authorization to initiate an action in eminent domain to acquire said property in the event good faith negotiations do not result in an agreement to acquire said property interest. Resolution 1613 was introduced by Mrs Worth, who also read the title Motion by Mrs. Worth for the adoption of Resolution 1613, seconded by Mr Eafanti, carried 7-1 with Mr Solano voting no Item 5. 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 account shown on the purchase order report; seconded by Mr Solano, carried 8-0 Item 6. Additional Services Agreement S-MISC-96, (32nd Avenue Trail) Motion by Mrs Worth that Shalkey & Team's proposal to provide additional professional engineering and landscape services to the City, for a Crown Hill Park trail extension, be accepted in an amount not to exceed $6,900 and all costs be charged to Acct. No 30-303- 843 I further move that the capital improvements budget be increased by $6,900 to account for reimbursement of the additional services costs by Jefferson County Open Space and that the 1997 budget be adjusted accordingly; seconded by Mr Solano, carried 8-0 Item 7. Additional work for Concrete Rehabilitation Project. Motion by Mr DiTullio that the contingency account for the 1997 Concrete Rehabilitation Program, Project S-PSM 01-97 be increased by $60,000 for a total contingency account in the amount of $101,473 and that all costs be charged to Acct. No 30-303-884 I further move that these funds be encumbered for the length of the Project which expressly allows the expenditure of funds in 1998 for the Project in accordance with Ordinance #787, 1989 Series, seconded by Mr Solano, carried 8-0 WHEAT RIDGE CITY ~UNCIL MINUTES July 14, 199i_ Page -7- Item 8. Actions to implement a staff and duty change relative to EDARC (A) Resolution 1603 approving a Cooperation Agreement with EDARC (B) Resolution 1604 rescinding Resolutions 1386 and 1357 establishing a Business Development Commission (C) Motion to amend the city budget to effect staff changes between EDARC and Economic Development. Item 8 was introduced by Mr Siler; titles read by the Clerk. Motion by Mr Siler that Resolutions 1603 and 1604 be approved and that the EDARC budget be amended to reflect staff changes as recommended, seconded by Mr DiTullio, carried 5-3 with Councilmembers Shaver, Worth, and Dalbec voting no Item 9. CONSENT AGENDA. A. Computers & Software for 1997 B Fax Machines Bid Award (RFB #97-24) C Environmental Site Assessment (RFB #97-006) D Professional Land Survey Services (RFB #97-005) E. Acceptance of Warranty Deed for 32nd Avenue reconstruction program. F Uninterruptible power supply for the police radio system Motion by Mr Solano for approval of the Consent Agenda Items A through F, seconded by Mr Siler Mrs Dalbec pulled 9 C Approval for 9 A. B D E F, carried 8-0 Motion by Mrs. Dalbec that the Environmental Site Assessment be awarded to Western Environment & Ecology, Inc for the amount proposed of $1,200 with all costs to be charged to Acct. No 32-601-809, seconded by Mr DiTullio, carried 8-0 WHEAT RIDGE CITY ,_ UNCIL MINUTES July 14, 199", ~ Page -8- CITY ADMINISTRATOR'S MATTERS Mr Middaugh asked Council when they would like to set a meeting to discuss library services Mr Siler stated that he is led to believe that the library board is holding a meeting this Thursday evening in the City of Wheat Ridge to assess what the City's needs are for library as a public meeting Mr Middaugh stated he had no information on this Mrs Dalbec has received a flyer to discuss the proposed 1998 budget for the library; it is an informal opportunity for community members and trustees to meet. Consensus was to hold a public meeting on the August 4, 1997 Study Session regarding library issues. Motion by Mr Eafanti to go past 11'00 pm, seconded by Mrs. Dalbec, failed 5-3 with Councilmembers Siler, DiTullio and Solano voting no (This required 6 votes to pass) Meeting adjourned at 11'07 p m 7 'JJr:titL. jJ({~ Wanda Sang, City C erk "--' APPROVED BY CITY COUNCIL ON JULY 28, 1997 BY A VOTE OF ~ TO ~ ; I I' I , \ '-. '---- ,