HomeMy WebLinkAbout11/09/1998
November 9.1998
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: Jerry DiTullio Lloyd Donnelly, Don Eafanti,
Ralph Mancinelli, Janelle Shaver, Ken Siler and Claudia Worth Teri Dalbec arrived at 708
P m Also present: City Clerk, Wanda Sang, City Treasurer, Ron Patera, City Manager,
Robert Middaugh, Sitting in for City Attorney Maureen Juran, Director of Parks & Recreation,
Gary Wardle, Director of Planning, Alan White, Chief of Police, Jack Hurst; Director of Public
Works, Bob Goebel, staff; and interested citizens
APPROVAL OF MINUTES OF October 23,1998
October 26, 1998
Motion by Mr Eafanti for the approval of the Minutes of October 23, 1998, seconded by Mrs
Worth, carried 7-0
Motion by Mr Eafanti for the approval of the Minutes of October 26, 1998, seconded by Mrs
Worth, carried 7-0
CITIZENS' RIGHT TO SPEAK
Mayor Cerveny recognized Louise Turner, former City Clerk and Council member, who will be
inducted into the Jefferson County Historical Commission Hall of Fame this Saturday
Mayor Cerveny announced that Gerol Fields, husband of former Council member Jean Fields,
passed away earlier this afternoon
Richard Durling, 7160 W 30th Avenue, is concerned about the trash and garbage pickup in
Wheat Ridge Mr Durling stated that because the City does not have a contract with one
particular company there are at least six or seven different companies driving up and down the
Wheat Ridge streets This is adding extra noise pollution, air pollution and most significantly
wear and tear on the streets Mr Durling urges City Council to take this issue up again for
consideration of contracting with one or two companies
CITY COUNCIL MINUTES November 9,1998
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Mrs Worth informed Mr Durling of the reason they did not take action on this issue when it
came up in the past, stating that the people in the Wheat Ridge love their trash companies
Mrs Worth mentioned that a few neighborhoods have come together to agree on a price for
one trash pickup in their neighborhood
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
Council Bill 35 - An Ordinance concerning Animal Control
Council Bill 35 was introduced on second reading by Mrs Shaver; title and summary read by
the Clerk; Ordinance No 1135 assigned
Louise Turner, 11256 W 38th Avenue, was sworn in by the Mayor and present on behalf of the
Animal Control Commission Mrs Turner had a concern with adding to the Ordinance that
inspections could be done any time between 7 00 a m and 5 00 P m They feel that is just a
little too much and would recommend changing it to "during any kennel's posted regular
hours"
Motion by Mrs Shaver for the approval of Council Bill 35 (Ordinance No 1135) with an
amendment to Section 4 (I) to read "during normal posted business hours"; seconded by Mr
DiTullio, carried 8-0
Item 2.
Council Bill 36 - An Ordinance amending Section 26-6, Legislative and
Administrative Process and Procedures, of the Wheat Ridge Code of Laws
pertaining to procedures for right-of-way vacations, City of Wheat Ridge County
of Jefferson, State of Colorado
Council Bill 36 was introduced on second reading by Mr DiTullio, who also read tittle and
summary; Clerk assigned Ordinance No 1136
Alan White, Director of Planning, gave a presentation of the Ordinance
Mrs Turner mentioned that they have been vacating streets and rights-of-way for thirty years
without having to add any more pages to the Code of Laws, in the last eight or nine years the
Code has doubled and maybe when tempted to add more things to it we should be sure that
they are necessary and as brief as possible Mrs Turner pointed out a minor correction that
should be made under Section 1 (8) C R.S 43-2-301 it should be C R S 43-2-302
Alan White stated that the City Attorney advised to leave the above mentioned error as is, as it
was printed in the Ordinance
CITY COUNCIL MINUTES November 9,1998
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Motion by Mr DiTullio that Council Bill 36 (Ordinance No 1136), legislation pertaining to the
processing of right-of-way vacations be approved for the following reasons 1 The City has
no existing legislation in place 2 It is consistent with State law 3 The City Attorney has
reviewed the proposed language and his comments have been incorporated, seconded by Mr
Mancinelli
Amendment by Mrs Worth that under Section 4 (b) to read "That the proposed vacation is in
conformity with the most recently enacted goals and policies of the Transportation Section of
the Comprehensive Plan of the City of Wheat Ridge" seconded by Mrs Dalbec, carried 8-0
Original Motion with amendment carried 8-0
Item 3.
Council Bill 34 - An Ordinance approving demolition of two municipally owned
buildings
Council Bill 34 was introduced on second reading by Mr Mancinelli, title and summary read by
the Clerk, Ordinance No 1137 assigned
Mr Middaugh stated that, as per Council directive, this Ordinance had been referred to the
Parks Commission They voted 6-2 to recommend demolition of the buildings
Louise Turner asked that Council not make a hasty decision on this and wait a while to see if
there wasn't some use for the buildings
Motion by Mr Mancinelli for approval of Council Bill 34 (Ordinance 1137) demolition of the
Jaidinger house but to exclude the building on 4900 Marshall Street; seconded by Mr Siler
Motion Mrs Worth for an amendment that all the vegetation and landscaping remain around
the Jaidinger property and on the bluff; that no cutting into that bluff occur and that the land be
terraced for the protection of the bluff; seconded by Mrs Shaver
Mrs Dalbec asked for a friendly amendment regarding the terracing of the bluff; she prefers to
see the words to "preserve the bluff as a natural area" maybe we don't need to terrace it then
City Attorney Juran pointed out that the main motion should be to approve Council Bill 34,
because demolition was required to be done by ordinance, and that reference to 4900
Marshall Street could be taken out of the Ordinance Discussion of the landscaping went
beyond the scope of what was published and could be addressed at another time
CITY COUNCIL MINUTES November 9,1998
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Motion by Mrs Dalbec to postpone until the first meeting in February and if there is in fact a
Phase III and a Master Plan that it have a review with the public to look at this whole property'
seconded by Mrs Worth, failed 3-5 with Councilmembers Shaver Worth and Dalbec voting
yes
Mr DiTullio called for the question on the vote for Mrs Worth' amendment; carried 7-1 with Mr
Eafanti voting no
Mrs Worth amendment carried 6-2 with Mr Donnelly and Mr Eafanti voting no
Motion by Mrs Shaver for an amendment that the road between the Blue Moon and Jaidinger
house not be widened and that the traffic engineers look at it as a possible emergency access
only; and that maintenance vehicles also be allowed, seconded by Mrs Worth, carried 6-2
with Mr Eafanti and Mr Mancinelli voting no
Motion by Mrs Shaver for an amendment that all antique or collectable fixtures and items be
salvaged from the Jaidinger house before it is demolished, seconded by Mrs Worth,
carried 8-0
Vote on the original motion as amended carried 6-2 with Mrs Worth and Mrs Dalbec voting
no
ORDINANCES ON FIRST READING
Item 4.
Council Bill 45 - An Ordinance repealing the lodger's tax applicable to mortuary
accommodations
Council Bill 45 was introduced and read on first reading by Mr Siler
Substitute the amended version which was sent out to Council by Mr Middaugh which codifies
the recent vote that the Wheat Ridge Citizens passed to increase the Lodger tax from 5% to
10%
Mr DiTullio stated that the 5% Lodgers tax on mortuary accommodations is being repealed
thanks to a Ms Cecilia White who wrote a letter to Council to give some direction on the
matter
Motion by Mr Siler that the amended version of Council Bill 45 be approved on first reading
ordered published, public hearing be set for Monday November 23, 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
CITY COUNCIL MINUTES November 9,1998
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Item 5.
Council Bill 46 - An Ordinance amending Chapter 21, Article IV, Sections 21-151
(1) and (2) of the Code of Laws of the City of Wheat Ridge County of Jefferson
State of Colorado, concerning courtesy bus shelters
Council Bill 46 was introduced on first reading by Mrs Worth, summary read by the Clerk.
Motion by Mrs Worth that Council Bill 46 be approved on first reading ordered published
public hearing be set for Monday, December 14, 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 Siler; carried 8-0
DECISIONS. RESOLUTIONS, AND MOTIONS
Item 6.
Resolution 1689 - A Resolution authorizing an Intergovernmental Agreement
with the Urban Drainage and Flood Control District to design a solution to the
confluence of Clear Creek and Lena Gulch
Resolution 1689 was introduced by Mrs Shaver; summary read by the Clerk.
Council then questioned Mr Goebel about the plans and mentioned some of the concerns
Motion by Mrs Shaver for the approval of Resolution 1689 and that the City's 1998 budget be
amended to reflect the appropriation of $25,000 in the Capital Projects Fund for the Clear
Creek/Lena Gulch design from the Miscellaneous Drainage projects account; seconded by Mr
Mancinelli, carried 8-0
Item 7.
Selection of Council President and Mayor pro-tem
Motion by Mr Mancinelli that Mr Siler serve as the Council President; seconded by Mr
Donnelly
Motion by Mrs Worth for an amendment that if Mr Siler also serves as parliamentarian he
take a course in registered parliamentary procedure, preferably through a parliamentarian that
knows Wheat Ridge rules, seconded by Mr DiTullio, carried 6-2 with Mrs Shaver and Mrs
Dalbec voting no
Original motion carried 5-3 with Councilmembers Shaver Dalbec and Worth voting no
Motion by Mr Donnelly that Mr DiTullio serve as the Mayor pro-tem, seconded by Mr Eafanti,
carried 7-1 with Mr Siler voting no
CITY COUNCIL MINUTES November 9, 1998
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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
Item 9.
CONSENT AGENDA.
A. Approve recommendation to Colorado Department of Transportation for State
Highway access categories in Wheat Ridge
B Materials testing contract for the Wheat Ridge Recreation Center
C Acceptance of law enforcement grants
Mrs Worth introduced the Consent Agenda and read the titles Mrs Dalbec asked to remove
9 A. Mrs Shaver asked to remove 9 C Motion by Mrs Worth for the approval of Agenda
Item 9 B seconded by Mr Mancinelli, carried 8-0
Mrs Dalbec got clarification on Consent Agenda Item 9.A.
Motion by Mrs Dalbec to approve Consent Agenda Item 9.A., seconded by Mrs Worth,
carried 8-0
Mrs Shaver would like to vote on this in two parts because they are two separate grants, one
being $75,000 for a school resource officer and the second grant is a $19,746 law
enforcement block grant for the police computer consultant.
Motion by Mrs Shaver that the City Manager be authorized to accept a local law enforcement
block grant in the amount of $19,746 to be used for consultant services to acquire the police
computer system and that the budget be amended to reflect the appropriate revenues and
expenditure amounts seconded by Mr Siler; carried 8-0
Motion by Mr DiTullio that the City Manager be authorized to accept a three year COPS fast
grant for universal hiring in the amount of $75 000 for the purpose of hiring a school resource
officer and that the budget be amended to reflect the appropriate revenues and expenditure
amounts, seconded by Mrs Worth carried 6-2 with Mrs Shaver and Mr Siler voting no
CITY COUNCIL MINUTES November 9,1998
CITY MANAGER'S MATTERS
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Motion by Mr Siler that the City Council meeting for December 28, 1998 be canceled and that
the December 21 Study Session become a regular City Council meeting, seconded by Mr
Mancinelli, carried 6-2 with Mrs Shaver and Mrs Dalbec voting no
Mr Middaugh asked which Council member would be working with the committee on the
implementation of the hotel/motel tax Motion by Mrs Shaver that Mrs Worth be the
Councilmember on that committee and Mrs Dalbec be the alternate, seconded by Mr
Donnelly; carried 8-0
Motion by Mr Siler to hold the first budget meeting on November 17 at 5 00 pm, seconded by
Mr Eafanti, carried 8-0
Motion by Mr DiTullio to hold the second budget meeting on November 19 from 5 00 to 7 00
pm, seconded by Mrs Shaver; carried 8-0
Council agreed to hold the third budget meeting on December 9 at 6 00 P m
Motion by Mrs Worth to start the Comprehensive Plan public hearing process with the
Planning Commission and that Council hold one meeting to address the map and issues that
Mr White had, Agricultural in District IV, and the property on the north end of Wadsworth that
is currently residential and has been changed to commercial, this is to be done prior to the
Planning Commission hearings, seconded by Mr DiTullio carried 8-0
Motion by Mrs Worth to hold an Executive Session under Section 57 (b) (1) to discuss
settlement of a lawsuit; seconded by Mr Eafanti, carried 6-2 with Mr Siler and Mr DiTullio
voting no
ELECTED OFFICIALS MATTERS
Mr Donnelly asked for consensus to direct the City Attorney to draft a change in the Charter
for the voters to approve at the next election that any elected official who serves in the City of
Wheat Ridge cannot hold another elected office and upon such announcement of seeking an
additional elected office shall resign the Wheat Ridge office within 48 hours of such
announcement. Consensus was 5 in favor
CITY COUNCIL MINUTES November 9,1998
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Mrs Dalbec asked for consensus that Mr Siler's comments be incorporated into the
ordinance that instead of resigning within 48 hours of announcement, it read "at the time the
person is elected to another position" consensus was 7 in favor
Mrs Worth asked for consensus to add an item to the goals namely that staff go out and work
with businesses to upgrade small shopping centers and maybe use ESTIP for this consensus
was 8 in favor
Mrs Worth asked for consensus that hoods be placed over Council's voting buttons, so that
votes can be cast in some sort of privacy and not have other members looking over our
shoulders and deciding whether they need to vote on the prevailing side so they can bring it
back for reconsideration, consensus failed with 4 people in favor and 4 people against.
Mrs Dalbec questioned the morning meetings of the Liquor Authority; she feels that this might
limit the people who want to serve on the Authority or people who want to attend the meetings,
one of the members had to resign because the board meets when he has to go to work. Mr
DiTullio asked for consensus to send a letter to the Liquor Authority and request them to hold
evening meetings Consensus was 5 in favor
Mrs Dalbec asked for consensus to add something to the goals that we have more
opportunity to review the conditional use permits either as special use permits or as
conditional use permits that come all the way to Council and the reason for this is that we
seem to have a lot of problems usually when we have schools and churches that go in and
generate traffic in neighborhoods and we haven't made consideration for how the traffic flows
and if the schools have enough playground space for the amount of kids that they are going to
serve and a lot of issues like that that the Council is more aware of because we have an
overall view of what goes on in the City and we get the complaints from the constituents where
the Planning Commission probably doesn't get as many complaints about parking and those
kinds of issues She wants that as a goal for future development. Consensus was 6 in favor
EXECUTIVE SESSION WAS HELD.
Meeting adjourned at 10 40 P m
Wanda Sang, City Clerk
COUNCIL ON NOVEMBER 23,1998 BY A VOTE OF ~ TO ~