HomeMy WebLinkAbout04/13/1998
April l3, 1998
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W 29th Avenue, Municipal Building
Th~ Regular City Council was called to
order by Mayor Cerveny at 7 00 P m
Councilmembers present Teri Dalbec, Jerry DiTulllo, Lloyd Donnelly,
Don Eafanti, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia
Worth Also present Deputy City Clerk, Christa Jones, City
Treasurer, Ron Patera, City Manager, Robert Middaugh; City Attorney,
Maureen Juran; Director of Planning, Alan White, staff, and interested
citizens
APPROVAL OF MINUTES of March 23, 1998
Motion by Mr Eafanti for the approval of the Minutes of March 23,
1988, seconded by Mr DiTullio, carried 8-0
PROCLAMATIONS AND CEREMONIES
Mayor Cerveny read the following proclamations into the record
Victims Rights Week April 19 - April 25, 1998
Child Abuse Prevention Month
Colorado Tumor Registrars Association April 13-17, 1998
1998 MMCYA Presentations
Mayor Cerveny addressed the achievements of the following nominees
Christine Malinowski, Victoria Ulery, Shyla Reither, Joshua Ferrlll,
Misty Higgins, Windy McElrath, Rosalind Cooper
CITIZENS' RIGHTS TO SPEAK
There was no one present to speah
CITY COUNCIL MINUTES APRIL 13, 1998
Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
Planning Case WZ-98-1/SUP-98-3
Permit for property at 12200 W
at Applicant's request)
Rezoning and Special Use
44th Avenue (To be Continued
Motion by Mr Siler that Case No WZ-g8-1 and Case No SUP-98-3 be
continued until such time as the applicant is able to submit a revised
plan in support of the rezone request, seconded by Mrs Worth, carried
8-0
Item 2.
Council Bill 10 - An Ordinance amending Article III, Chapter
11 of the Wheat Ridge Code of Laws, pertaining to Alcoholic
Beverages and the establishment of a Liquor Llcensing
Authority
Council Bill 10 was introduced on second reading by Mr Mancinelli
title read by the Clerk, Ordinance No 1114 assigned
Mr Siler stated that he had several changes he wanted made to the
Ordinance and asked that Mr Mancinelli incorporate these changes when
he made his motion for approval On Page 2, Section 11-52 5 B The
sentence read "The Licensing Authority for the City of Wheat Ridge
shall consist of eight (8) qualified electors, two from each District,
who shall be appointed by the City Council Appointments shall be for
a three (3) year term, except for the first Authority For the first
Authority one member from each District shall be appointed for two
years The other District member shall be appointed for three years
This shall be done by lottery drawing at the first Authority meeting
Page 3, Item E he wants to change the wording to something similar as
"All members must complete within 90 days of appointment a course or
class of training provided by the City in the laws and regulations
governing alcoholic beverage sales and take out the rest of that
verbiage to make it clearer Item F strike the last sentence
Mr DiTullio had a variety of changes Section 11-52 5 be amended by
the addition of a new subsection I If four vacancies exist
simultaneously on the Licensing Authority, and there are matters
scheduled for consideration before the Licensing Authority, the City
Council shall act as the Licensing Authority until a quorum of the
Licensing Authority is reconstituted by filling vacancies in
accordance with this Section
CITY COUNCIL MINUTES APRIL 13, 1998
Page -3-
That the Council Bill is amended by the addition of a new Section 22
which states that on or before June 15, 1998 the City Council shall
appoint and train members of the Authority and in the event they are
not trained by June l5, 1998, the City Council can establish by motion
a new date by which they shall be trained
Mr Middaugh addressed some of the changes that were made to the
Ordinance; these were the result of a meeting between him, Chief
Hurst, Wanda Sang, and discussed with Jerry Dahl
Mr Siler asked for an amendment under Section 5 G
words "or without" cause
Mr Siler then asked if we
consider the rest of it at
Mrs Worth made a point of
for five minutes at a time
Mr Siler moved to suspend the Rules so Mr Middaugh
portion of the discussion of the Ordinance; seconded
failed 5-3 with Councilmembers Shaver, DiTullio, and
(This needed a majority vot~ of 6 to pass)
to strike the
could stop this Ordinance
a Study Session
order that staff
at Section 6
And
is only allowed to speak
can complete this
by Mr Donnelly,
Worth voting no
Motion by Mrs Worth that this be postponed to a Study Session for
further consideration and explanation by the staff; seconded by Mrs
Dalbec; failed 4-4 with Councilmembers Worth, Dalbec, DiTullio, and
Shaver voting yes Mayor Cerveny broke the tie by voting yes Motion
to postpone carried 5-4
ORDINANCES ON FIRST READING
Item 3.
A Council Bill 11 - An Ordinance annexing to the City of
Wheat Ridge unincorporated territory known as Parcel 1 of
the 44th Industrial Park Property generally located South of
44th Avenue, North of Highway 58, West of Interstate 70 and
East of Eldridge Street in Jefferson County
(Case No ANX-98-3)
B Council Bill 12 - An Ordinance annexing to the City of
Wheat Ridge unincorporated territory known as Parcel 2 of
the 44th Industrial Park Property generally located South of
44th Avenue, North of Highway 58 West of Interstate 70 and
East of Eldridge Street in Jefferson County
(Case No ANX-98-3)
CITY COUNCIL MINUTES APRIL 13, 1998
Page -4-
C Council Bill 13 - An Ordinance zoning certain propertj
known as 44th Avenue Industrial Park Parcels 1 and 2 ana
generally located South of 44th Avenue, North of Highway 58,
West of Interstate 70 and East of Eldridge Street within the
City of Wheat Ridge, Colorado, as Planned Industrlal
District (PID) Pursuant to Section 26-6 (c) of the Wheat
Ridge Code of Laws and amendinq the zoning ordinance and map
to conform therewith
(Case No WZ-98-8)
Council Bills 11, 12, and 13 were introduced on first reading by Mrs
Dalbec, titles and summary read by the Clerk
Alan White was sworn in by the Mayor and handed out a revised Exhibit
B that goes with the ordinance to rezone the property, attached to
that is the Outline Development Plan
Motion by Mrs Dalbec that Council Bill II be approved on first
reading, ordered published, public hearing be set for Monday, May 11,
1998 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
Motion by Mrs Dalbec that Council Bill 12 be approved on first
reading, ordered published, public hearing be set for Monday, May 11,
1998 at 7 00 p m in City Council Chambers, Municipal Building, and if
approved on second readinq, take effect 15 days after final
publication, seconded by Mrs Worth, carried 8-0
Motion by Mrs Dalbec that Council Bill 13 be approved on first
reading, ordered published, public hearing be set for Monday, May 11,
19~8 at 7 00 P m in City Council Chambers, Municipal Building, and if
approved on second reading, with the following changes Under Sectlon
2 (A) Section 26-1g should read 26-25, and to accept the amended
Exhibit B, and that language concerning truck stops not being allowed,
be added; it take effect 15 days after final publication, seconded by
Mrs Worth carried 8-0
CITY COUNCIL MINUTES APRIL 13, 1998
Page -5-
Item 4.
Council Bill 14 - An Ordinance vacatinq a portion of West
33rd Avenue within the City of Wheat Ridge, County of
Jefferson, State of Colorado, adJacent to 3294 PlersoD
Street and 3295 Parfet Street
(Case No WV-98-1)
Council Bill 14 was introduced on first reading by Mr Eafanti, title
read by the Clery
Motion by Mr Eafanti that Council Bill 14 be approved on first
reading, ordered published, public hearing be set for Monday, May 11,
1998 at 7 00 P m in City Council Chalnbers, Municipal Building, and if
approved on second reading, tahe effect 15 days after final
publication, seconded by Mr Siler, carried 7-1 with Mr Siler voting
no
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 5.
Resolution 1661 - A Resolution regarding the acquisition of
South Table Mountain
Resolution 1661 was introduced by Mr DiTullio, who also read the
title and summary
Motion by Mr DiTullio for approval of Resolution 1661; seconded by
Mrs Shaver
Motion by Mrs Worth to amend the motion that the words "as much of"
and "as possible" be stricken from the last paragraph; seconded by
Mrs Dalbec, carried 8-0
Motion as amended carried 8-0
Item 6.
Articles of Incorporation, By-Laws, and initial appointments
to the Wheat Ridge Recreation Center Finance Authority
Motion by Mrs Worth that the Articles of Incorporation for the Wheat
Ridge Recreation Center Finance Authority be approved, and that the
Board of Directors consist of the City Treasurer, Ron Patera, Mr Joe
Drew, and Mr Norman Burkepile
CITY COUNCIL MINUTES APRIL 13, 1998
Page -6-
I move that the By-Laws for the Wheat Ridge Recreation Center FInance
Authority be approved, and that the Directors be shown as City
Treasurer, Ron Patera, Joe Drew for a term expiring January 1, 2001,
and Norman Burkepile, for a term expiring January 1, 2000; seconded by
Mr Eafanti, carried ~-o
Item 7.
Approve consultant and budget for Wadsworth Corridor study
Mr Middaugh explained the purpose of this study Pat Dawe of RNL was
present to answer questions Also present was staff member Ann
Pitinga, who answered questions
Motion by Mr Mancinelli that the RNL design team be engaged to
undertake the Wadsworth Corridor study per their proposed scope of
work and at a fee of $80,255 I further move that $27,627 50 be
appropriated from the General Fund fund balance to fund the Wadsworth
Corridor study, and that the 1998 City budget be amended accordingly
to reflect the increased eypenditure, and that the 1998 EDARC budget
be amended to reflect an expenditure of $27,627 50 in order to provide
funding to assist with the Wadsworth Corridor study, seconded by Mr
Siler
Motion by Mr DiTullio to amend that the $27,627 50 be appropriated
from the Capital fund balance, seconded by Mr Siler, carried 8-0
Original motion as amended carried 7-1 with Mrs Shaver voting no
Mrs Shaver stated the money is triple than what we intended, let
EDARC pay for this study
Item 8.
Resolution 1662 - Resolution and Delegation Agreement
regarding establishment of a single family mortgage bond
proqram
Resolution 1662 was introduced by Mr Mancinelli, title read by the
Clerv
Motion by Mr Mancinelli for the approval of Resolution 1662 and for
approval of the Delegation Agreement between the City and County of
Denver and the City of Wheat Ridge for the Single Family Mortgage Loan
Program, shown as Exhibit "B", seconded by Mr Eafanti, carried 8-0
CITY COUNCIL MINUTES APRIL 13, 199B
Page -7-
Item 9.
Approval of EApenditure 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 Donnelly; carried 8-0
Item 10.
Consent Aqenda.
A Supplemental appropriation for Comprehensive Plan
consulting work
B Printing of Recreation Brochure and City Newsletter IRFB
#98-18)
C Repair and relamp Athletic Field Lighting
#g8-04)
(RFB
D Partial Fleet Replacements for 1998
E 1998 Concrete Rehabilitation Program (RFB #98-13)
F Teller Street lmprovements proJect - Neighborhood
Traffic Management (RFB #98-19)
Motion by Mrs Dalbec for approval of the Consent Agenda as printed
with the exception of Item E , seconded by Mr Mancinelli, carried 8-
o
Motion by Mrs Dalbec for the approval of Item E as printed, seconded
by Mrs Worth; carried 8-0
CITY ADMINISTRATOR'S MATTERS
Mr Middaugh acknowleJged the worv of Alan White, Patty Crew and Barb
Fuller in putting together the newsletter They did a great job He
referred to a letter from one of the pawnshops asking that we amend
our ordinance to allow them to be open on Sundays Council does not
wish to amend the ordinance
CITY COUNCIL MINUTES APRIL 13, 1998
Page -8-
ELECTED OFFICIALS MATTERS
Ron Patera reported that the auditors finished their report very
efficiently and aSKed if Council wanted to go over the draft during
one of their study sessions or if the~ wanted to vote to accept it at
a regular meeting Consensus was 8 in favor that Mr Patera provldp
Council with a copy ot the management letter and Council will then
decide if they want to discuss the audit at a study session
Jerry DiTullio moved that when the Liquor Authority Ordinance comes to
the Study Session the Ordinance be split in two, one be an ordinance
to create a liquor authority; the other will be the changes to the
code, that all the changes made tonight be incorporated in the version
brought to the Study Session; seconded by Mr Siler; carried 6-2 with
Mrs Worth and Mrs Dalbec votlng no
Motion by Mr DiTullio for adjournment, seconded by Mr Siler; carried
8-0
Meeting adjourned at 10 35 P m
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Christa Jones, Deputy City Clerk
APPROVED BY CITY COUNCIL ON APRIL 27, 1998 BY A VOTE OF
8
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Don Eaf anti, CO}:ip-er-r-..president
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