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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 \ \ '" -_\, Christa Jones, Deputy City Clerk APPROVED BY CITY COUNCIL ON APRIL 27, 1998 BY A VOTE OF 8 TO o /""" /' \'_1 ./ r-::'--" ,- Don Eaf anti, CO}:ip-er-r-..president / ( ,