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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 Page - 2 - 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 Page - 3 - 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 Page - 4 - 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 Page - 5 - 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 Page - 6 - 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 Page - 7 - 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 Page - 8 - 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 ~