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Home My WebLink About10/26/1998 October 26. 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 7 00 P m Councilmembers present: Teri Dalbec, 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 Attorney Gerald Dahl, acting City Manager, Jack Hurst; Director of Parks & Recreation, Gary Wardle, Director of Planning, Alan White, staff; and interested citizens APPROVAL OF MINUTES OF October 12,1998 Motion by Mrs Shaver for the approval of the Minutes of October 12, 1998, seconded by Mrs Worth, carried 7-0 with Mr Eafanti abstaining CITIZENS' RIGHT TO SPEAK Motion by Mr DiTullio to suspend the Rules and allow a letter to be read into the record, seconded by Mr Siler; carried 8-0 City Clerk, Wanda Sang, then read a letter into the record from Cecilia White, 6855 West 32nd Place, Wheat Ridge, which commented on the City's ballot question Mr Dahl asked that two items be placed on the Agenda. One regarding the Clear Creek Legacy Grant project. Motion by Mr DiTullio to add Consideration of the Legacy Grant as Agenda Item 7 A., seconded by Mrs Worth, carried 8-0 He also asked for a brief Executive Session just prior to adjournment for the purpose of discussing settlement authority in the Starker Construction Company vs the City case Motion by Mrs Worth that we go into Executive Session under Section 5 7 (b) (1) of the Charter and adjourn from there after Elected Officials Matters, seconded by Mr Eafanti carried 7-1 with Mr DiTullio voting no CITY COUNCIL MINUTES October 26,1998 Page - 2 - ORDINANCES ON FIRST READING Item 1. Council Bill 40 - An Ordinance vacating a portion of Marshall Street within the City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WV-98-04) Council Bill 40 was introduced on first reading by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler that Council Bill 40 be approved on first reading, ordered published, public hearing be set for Monday, November 23, 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 2. Council Bill 41 - An Ordinance amending and restating in its entirety Section 16- 110 of the Wheat Ridge Code of Laws Council Bill 41 was introduced on first reading by Mrs Worth, who also read the title Motion by Mrs Worth to continue this Item to the November 2, 1998 Study Session, seconded by Mr Siler; carried 7-1 with Mr DiTullio voting no Item 3. Council Bill 42 - An Ordinance adding a prohibition against criminal tampering to Article III of the Wheat Ridge Code of Laws Council Bill 42 was introduced on first reading by Mrs Worth, who also read the title Motion by Mrs Worth to continue this Item to the November 2, 1998 Study Session seconded by Mr Siler; carried 7-1 with Mr DiTullio voting no Item 4. Council Bill 43 - An Ordinance adding a prohibition against violation of bail bond conditions to Article V of the Wheat Ridge Code of Laws Council Bill 43 was introduced on first reading by Mrs Worth who also read the title Motion by Mrs Worth to continue this Item to the November 2, 1998 Study Session and that all of these Items be treated as one Item under the Study Session seconded by Mr Siler; carried 7-1 with Mr DiTullio voting no CITY COUNCIL MINUTES October 26,1998 Page - 3 - Item 5. Council Bill 44 - An Ordinance amending the Wheat Ridge Code of Laws to codify the Home Rule Charter change to a Council-Manager form of government. Council Bill 44 was introduced on first reading by Mr DiTullio, who also read the title and summary Motion by Mr DiTullio that Council Bill 44 be approved on first reading, ordered published, public hearing be set for Monday, December 14, 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 Worth, carried 6-2 with Mr Siler and Mr Mancinelli voting no DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Reconsideration of Council Bill 39 - An Ordinance prohibiting parking for the purpose of selling a vehicle Motion by Mr Siler to reconsider Council Bill 39; seconded by Mr Donnelly; tied 4-4 with Councilmembers Shaver, DiTullio, Worth, and Dalbec voting no Mayor broke the tie by voting yes Motion carried 5-4 Motion by Mr Siler that Council Bill 39 be approved on first reading, ordered published, public hearing be set for Monday, November 23, 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 Mancinelli Motion by Mrs Shaver that paragraph 1 read as follows "No person shall park any vehicle for the principal purpose of selling such vehicle on a public roadway, on public property, or on private property within a commercial zone district including PCD ", seconded by Mr DiTullio, tied 4-4 with Councilmembers Donnelly, Siler, Mancinelli, and Eafanti voting no Mayor broke the tie by voting no Motion failed 5-4 Vote on original motion tied 4-4 with Councilmembers Shaver, Worth, DiTullio, and Dalbec voting no Mayor broke the tie by voting yes Motion carried 5-4 CITY COUNCIL MINUTES October 26, 1998 Page - 4 - Item 7. Authorization for additional Deputy Court Clerk and approval of budget amendment. Chief Hurst presented the staff report. Judge Davis was present to answer questions Motion by Mrs Worth that an additional Deputy Court Clerk position be authorized for 1998, and that the budget for 1998 be amended to reflect an appropriation of $6 000 from the General Fund fund balance to pay for the personnel expenses and that the Court budget be amended appropriately to include the expenses seconded by Mrs Dalbec; carried 5-3 with Councilmembers Siler, DiTullio and Mancinelli voting no Item 7. A. Clear Creek Legacy Grant. Motion by Mr DiTullio that the Legacy Grant Project agreement be approved and the Mayor be authorized to sign the agreement; seconded by Mrs Dalbec; carried 8-0 Item 8. 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 Mancinelli, carried 8-0 ELECTED OFFICIALS MATTERS Claudia Worlh has a problem with knee-jerk ordinances coming in from people who can't solve problems in their districts and pass ordinances that affect the whole City She asked for consensus that staff be instructed to communicate with Kaiser and RTD that the proposed annexations be brought in as Planned Development rather than Commercial and that we have a study session meeting with these property owners, consensus was 6 in favor Teri Dalbec asked for consensus to hold the Council retreat in January Consensus was 8 in favor CITY COUNCIL MINUTES October 26,1998 Page - 5 - Motion by Mr Siler to have the City Attorney draft up an ordinance to delete tax on mortuary accommodations from the tax code 22-1, seconded by Mr DiTullio, carried 8-0 EXECUTIVE SESSION WAS HELD. Meeting adjourned at 9'05 p m ;))/-.-&. J ~'; Wanda Sang, City Cler~ APPROVED BY CITY COUNCIL ON NOVEMBER 9 1998 BY A VOTE OF ~ TO ~ .- ., L''\.\ 6- -- p,/ -f. c... -- -- ,- ,.. , /~' c.'" -""_ l... - -...... , ' _/ -p .~. ~' --~ Don Eafanti, Coul16il Pt'esident (