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HomeMy WebLinkAbout09/14/1998 September 14.1998 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The Regular City Council was called to order by Mayor Cerveny at 700 P m Councilmembers present: Teri Dalbec (arrived at 7 10 pm), Jerry DiTullio, Lloyd Donnelly, Don Eafanti, Ralph Mancinelli Janelle Shaver Ken Siler, and Claudia Worth Also present: City Clerk, Wanda Sang, City Treasurer, Ron Patera, City Manager, Robert Middaugh, City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Planning, Alan White, staff; and interested citizens APPROVAL OF MINUTES OF August 24,1998 Motion by Mr Eafanti for the approval of the Minutes of August 24, 1998 seconded by Mr Mancinelli, carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read Proclamations into the record for Constitution Week, September 17-23 and National Literacy Month CITIZENS RIGHT TO SPEAK Catherine Dunlap, 7160 West 30th Avenue, questioned what is going on at the Smethill property She has heard that this will be discussed at Executive Session tonight. Margaret Parry, 3060 Teller Street, also addressed the Smethills property; she asked that if there is still discussion going on, Council try to make this a better development that fits into the neighborhood Louise Turner, 11256 West 38th Avenue, reminded Council of the Wheat Ridge Incorporation 30 years ago and gave history of how and why it happened She has a letter regarding Fairmount incorporation, but can't stay until Item 8 and asked that somebody read the letter for her Mark Burrows, 7200 West 31st Place, hopes that Wheat Ridge government will address the needs and desires of the neighborhood regarding the Smethills project. Asked that citizens have input after the Executive Session CITY COUNCIL MINUTES September 14,1998 Page - 2 - Motion by Mr Mancinelli that we hold an Executive Session under Section 5 7 (b) (1) of the Charter before Elected Officials Matters and adjourn thereafter; seconded by Mr Eafanti. Motion by Mrs Shaver to amend that the session be held after Elected Officials Matters, seconded by Mrs Worth, tied 4-4 with Councilmembers Shaver, DiTullio, Dalbec, and Worth voting yes Mayor Cerveny broke the tie by voting yes Amendment carried 5-4 Vote on original motion as amended carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 30 - An Ordinance amending the Wheat Ridge Code of Laws to provide for increased penalties for traffic violations Council Bill 30 was introduced on second reading by Mr Siler; title read by the Clerk; Ordinance No 1130 assigned Motion by Mr Siler that Council Bill 30 (Ordinance 1130) be approved with the following corrections Page 2, the words "with signs posted on the public right of way advising the same" be added after school zone, and the effective date be changed to October 1, 1998, that in Section 1 (1) after construction zone, be added "which zone has been marked or posted as such", seconded by Mr Eafanti, carried 8-0 Item 2. Council Bill 29 - An Ordinance correcting a typographical error in Section 16-88 Missiles. Council Bill 29 was introduced on second reading by Mrs Dalbec, who also read the title, Ordinance No 1131 was assigned Motion by Mrs Dalbec that Council Bill 29 (Ordinance 1131) be approved, seconded by Mr Eafanti, carried 8-0 ORDINANCES ON FIRST READING Item 3. Council Bill 31 - An Ordinance dissolving the Wheat Ridge Special Improvement District No 1987-1 Council Bill 31 was introduced on first reading by Mrs Worth, who also read the title and summary CITY COUNCIL MINUTES September 14,1998 Page - 3 - Motion by Mrs Worth that Council Bill 31 be approved on first reading, ordered published, public hearing be set for Monday, September 28 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 Eafanti, carried 8-0 Item 4. Council Bill 32 - An Ordinance amending Section 26-20 (B), 26-21 (E) and 26-22 (B) of the Code of Laws, concerning counseling and treatment clinics in the R-C R-C 1 and C-1 Zone Districts City of Wheat Ridge, County of Jefferson, State of Colorado Council Bill 32 was introduced on first reading by Mr Siler; title read by the Clerk. Motion by Mr Siler that Council Bill 32 be approved on first reading ordered published, public hearing be set for Monday, October 12, 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 Mrs Dalbec, carried 8-0 Item 5. Council Bill 33 - An Ordinance providing for the approval of rezoning from Residential-Two (R-2) to Restricted Commercial-One (RC-1) for the property located at 6410 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-98-14) (Marcie Emily) Council Bill 33 was introduced on first reading by Mr Siler; title read by the Clerk. Motion by Mr Siler that Council Bill 33 be approved on first reading, ordered published, public hearing be set for Monday, October 12,1998 at 700 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Mancinelli, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Resolution 1678 - initiating rezoning procedures for a large area located in the 38th Avenue and Oak Street neighborhood (Case No WZ-98-07) Resolution 1678 was introduced by Mrs Shaver' title and summary read by the Clerk. Alan White gave the staff report. CITY COUNCIL MINUTES September 14,1998 Page - 4 - Motion by Mrs Shaver to adopt Resolution 1678, initiating rezoning procedures for a large area located in the 38th Avenue and Oak Street neighborhood with the following revision that map B be amended to include the existence of the A-1 properties, seconded by Mrs Worth Mrs Worth asked for an amendment to say "All A-1 as currently zoned, is shown on Exhibit A" This was accepted as a friendly amendment. Mrs Dalbec called for the question, seconded by Mrs Worth, carried 6-2 with Mr Eafanti and Mr Mancinelli voting no Vote on original motion carried 5-3 with Councilmembers Donnelly, Siler and Mancinelli voting no Mrs Dalbec moved that the mass rezoning be brought back to the Council to determine the final notice before it goes out to the Planning Commission and the Council for the final wording so we can deal with any properties as outlined currently on the proposed zoning Exhibit B in the heavy black outlines, any of those properties that are located within there who may have a problem with the proposed rezoning, seconded by Mrs Shaver Mr DiTullio made a point of order and asked that we take a five minute break and have these motions written out. He won't vote on this unless he can see it. Motion by Mr DiTullio for a five minute break so this can be written down, seconded by Mr Mancinelli carried 5-3 with Councilmembers Shaver, Worth and Dalbec voting no Motion by Mrs Dalbec that the City staff bring back to Council the proposed rezoning, so that any concerns of properties currently included in Exhibit B, inside the heavy black lines, can be discussed by the Council and the notice for Planning Commission and Council can reflect decisions made by Council and that all properties inside the heavy lines be noticed of all hearings, seconded by Mrs Worth, carried 8-0 Item 7. Approve contract for computer consulting services for the Police Department. Item 7 was introduced by Mr DiTullio, who also read the title and the summary CITY COUNCIL MINUTES September 14,1998 Page - 5 - Motion by Mr DiTullio that the City Manager be authorized to enter into a consulting services agreement with the firm, Whittman-Hart, Inc., to provide assistance for a computer aided dispatching, records management, and mobile systems replacement project consistent with their proposed scope of services dated August 28, 1998 at a cost not to exceed $37 000, with $22 000 to be the responsibility of the City of Wheat Ridge and $15 000 t be the responsibility of the Wheat Ridge Fire District. City funds to be appropriated and expended from the Police Dept. Computer acquisition fund and the budget amended accordingly' that the money for the computer fund come from available grant funds with the required City matching amount to be paid from the Police Computer Fund, seconded by Mr Siler' carried 8-0 Item 8. Fairmount incorporation Flora Andrus, 4790 Easley Road, Golden, addressed Wheat Ridge's possible annexation of certain business properties, that should be in Fairmount, according to the 1989 County plan Dave Dosset, 15020 West 58th Avenue, was surprised at Wheat Ridge's annexation efforts for the properties that they have always considered to be Fairmount; doesn't think Wheat Ridge is getting much revenue out of Kaiser and RTD, begged Council to take the long term view and not to take any action until after the November 3 election Mr Middaugh explained that the City of Wheat Ridge has an interest in the Ward Road corridor, which includes RTD and Kaiser; we have sent a letter to people in the area immediately adjacent to Ward Road, to let the business owners in that area know that there is an upcoming incorporation election, not everybody does, we offered them the opportunity to annex to the City of Wheat Ridge or to be incorporated The only choice these businesses will have is to either annex to the community or to be incorporated because they don't get to vote in the incorporation, they effectively are disenfranchised in making that selection To access these parcels you have to leave the Fairmount and come into the City of Wheat Ridge Any development that occurs in that corridor impacts Wheat Ridge, not Fairmount. He is here as an advocate for this community and is concerned about the welfare, whether fiscal or otherwise of the citizens of Wheat Ridge This is a long term view there is no immediate tax impact to either community Motion by Mr DiTullio to suspend the Rules and allow Councilmember Worth to read Mrs Turner's letter into the record seconded by Mrs Worth carried 7-1 with Mr Mancinelli voting no Mrs Worth read a letter into the record from Louise Turner which was in support of the Fairmount incorporation CITY COUNCIL MINUTES September 14,1998 Page - 6 - Motion by Mrs Dalbec that all efforts by Wheat Ridge staff to solicit businesses to annex into Wheat Ridge as a courtesy to our neighbors to the north be curtailed until such time as incorporation effort is decided by the voters in Fairmount, and that if any petitions for annexation by neighboring businesses inside the Fairmount incorporation boundaries are received by the City of Wheat Ridge any action on those be delayed until after the November election, seconded by Mr DiTullio, tied 4-4 with Councilmembers Shaver, DiTullio, Dalbec, and Worth voting yes Mayor broke the tie by voting no Motion failed 5-4 Motion by Mrs. Dalbec that all efforts by the Wheat Ridge staff to solicit businesses to annex into Wheat Ridge, as a courtesy to our neighbors to the north, be curtailed until such time as the incorporation effort is decided by the voters in Fairmount; seconded by Mrs Worth carried 6-2 with Mr Donnelly and Mr Eafanti voting no Motion by Mrs Dalbec if any petitions for annexation by neighboring businesses in the Fairmount incorporation boundaries are received by the City of Wheat Ridge, any action by the City Council be delayed until after ten days before the election seconded by Mrs Worth, tie<;J 4-4 with Councilmembers Shaver, Worth, DiTullio, and Dalbec voting yes Mayor broke the tie by voting no Motion failed 5-4 Motion by Mrs Dalbec that if any petitions for annexation or forwarded through the process, that they would go to the Planning Commission first before coming to the Council so that we can get a full assessment of the economic impact of any such annexations, seconded by Mrs Worth, failed 5-3 with Councilmembers Shaver Worth and Dalbec voting yes Motion by Mrs. Shaver that any annexation applications that we hear in the future pertaining to the Fairmount community, have economic analysis included, revenue vs cost; seconded by Mrs Worth carried 5-3 with Councilmembers Siler, Mancinelli, and Eafanti voting no Item 9. Front Entry and Lobby remodels Item 9 was introduced by Mr Donnelly; title and summary read by the Clerk. Motion by Mrs Worth that the seal and motto remain where they are in the Lobby during the decoration and reconstruction of the Lobby; seconded by Mr Siler" carried 7-1 with Mrs Shaver voting no Motion by Mr Donnelly that $22,240 be approved for the Front Entry Remodel Project as described and to the contractors as listed I further move that a contingency account be established in the amount of $2 760 and that the Purchasing Agent be authorized to issue change orders up to a total contract and contingency amount of $25,000 CITY COUNCIL MINUTES September 14,1998 Page - 7 - I further move that all costs associated with this project be paid from Acct. No 30-610-800-811 and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 series, seconded by Mr Eafanti, carried 8-0 Motion by Mr Eafanti to reconsider the vote on the seal, seconded by Mrs Worth carried 8-0 Motion by Mrs Worth that the seal and motto remain where they are in the Lobby; seconded by Mr Siler" carried 8-0 Item 10. Approval of Expenditures 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 Mancinelli carried 8-0 Item 11. CONSENT AGENDA. A. Resolution 1679 - providing a supplemental budget appropriation for the payment of EDARC programs B Bid Award to Cover Up Custom Upholstery, Inc. to recover City Hall chairs. C Purchase and installation of new carpet for the Council Chambers and Court Room D Water System Design for the Wheat Ridge Recreation Center Mrs Worth introduced the Consent Agenda and read the titles Mrs Dalbec asked to remove A. Motion by Mrs Worth for the approval of Item 11 B C and D , seconded by Mr Siler; carried 8-0 Motion by Mrs Dalbec that Item 11 A. be brought to the Study Session of September 21 and then come back to Council, seconded by Mr DiTullio, carried 7-1 with Mrs Worth voting no CITY COUNCIL MINUTES September 14,1998 CITY ATTORNEY'S MATTERS Page - 8 - Mr Dahl brought in a technical correction to the Resolution for our ballot question regarding the hotel/motel tax increase Mrs Worth introduced Resolution 1680 - amending Resolution 1676, Series of 1998 referring a ballot question to the electors at the November 3, 1998 election Motion by Mrs Worth for the adoption of Resolution 1680 seconded by Mr Siler" carried 7-1 with Mr DiTullio voting no ELECTED OFFICIALS MATTERS Ron Patera alerted citizens that he will assess a $500 civil penalty for people who live in Wheat Ridge but register their cars in unincorporated areas to avoid paying City sales tax. Wanda Sang asked Council who should respond to Board and Commission applicants who were not appointed Mrs Worth stated that the Council President would be in charge of that. Janel/e Shaver moved to appoint Mark Roberts to the Liquor Authority; seconded by Mr DiTullio, carried 6-2 with Mr Donnelly and Mr Mancinelli voting no Motion by Mr Eafanti to suspend the Rules and go past 11 00 pm, to finish the Agenda, go to Executive Session and adjourn thereafter; seconded by Mr DiTullio, carried 7-1 with Mr Siler voting no Mrs Shaver is increasingly concerned that items that were discussed at Study Session or Planning Commission come to Council in a different form Claudia Worlh warned citizens of a scam, that a company supposedly had been hired by the City to fill in between lawn and asphalt, this is not true She clarified that any debates are to be held only between voting members of the Council once the motion is made and seconded, the debate should be limited to the Council Mr Middaugh is here in an advisory capacity, but may not enter into the debate CITY COUNCIL MINUTES September 14,1998 Page - 9 - Teri Dalbec asked about progress for a noise buffer for the skateboard park, Mr Wardle expects a bid shortly She thinks some sort of berm would be beneficial in addition to foam Motion by Mrs. Dalbec that Council get notices of meetings with neighborhood groups between the City staff and Councilmembers be preferably faxed and/or put in mailboxes, seconded by Mrs. Shaver; carried 8-0 Consensus was 5 in favor to have a Study Session addressing pop-tops and view scapes Mrs Dalbec is not happy with Mr Middaugh approaching businesses in Fairmount regarding an[1exation to Wheat Ridge EXECUTIVE SESSION WAS HELD. Meeting adjourned at 12 40 a m j /') ( " ~ Wanda Sang, City Cle~ APPROVED BY CITY COUNCIL ON SEPTEMBER 28,1998 BY A VOTE OF ~ TO ~ ~ 71/ ... ti '~... ,J\ \