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Home My WebLink About04/12/1999 April 12. 1999 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 (arrived at 8 05 pm), City Manager, Robert Middaugh, City Attorney, Gerald Dahl, Director of Planning, Alan White, Director of Parks and Recreation, Gary Wardle, staff; and interested citizens APPROVAL OF MINUTES OF March 15, 1999 March 22, 1999 Motion by Mr Eafanti for the approval of the Minutes of March 15 1999, seconded by Mr Mancinelli, carried 8-0 Motion by Mr Eafanti for the approval of the Minutes of March 22, 1999; seconded by Mr Mancinelli, carried 8-0 CITIZENS' RIGHT TO SPEAK Roger Clark, 7225 West 28th Avenue, questioned why the Skateboard Park was closed at 6 00 pm, asked why a sound barrier couldn't be installed around the park, rather than moving it. Harold Wiler, 4355 Pierce Street, questioned why elected officials have allowed a counseling center to go into a building on 44th & Pierce Street, that will counsel drug, alcohol, and sex abuse offenders, we don't need that in a nice neighborhood it should be placed in commercial sites Anthony FIasco, 4440 Reed Street, wondered why neighbors weren't told that such a facility is coming into their neighborhood, he wants Council to do something about it. He also requested that the building be brought up to Code CITY COUNCIL MINUTES April 12, 1999 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1, A. Council Bill 6 - An Ordinance approving an Agreement and in connection therewith, approving disposal of 5894 square feet, more or less, of City owned land located at approximately 38th Avenue and Kline B Agreement with the Denning family for right-of-way access for the Recreation Center Council Bill 6 was introduced on second reading by Mrs Shaver; title and summary read by the Clerk, Ordinance No 1154 assigned Mr Middaugh was sworn in by the Mayor and gave overview of the Item Gary Wardle was sworn in by the Mayor and showed overhead of the Denning property and Recreation Center Motion by Mrs Shaver for approval of Council Bill 6 (Ordinance 1154), seconded by Mr DiTullio, carried 7-1 with Mrs Dalbec voting no Motion by Mrs Shaver that the Mayor and City Attorney be authorized to enter into an agreement with the Denning family for right-of-way access for the Recreation Center in substantially the form presented subject to final review and approval by the City Attorney as to form and content; seconded by Mr Siler; carried 7-1 with Mrs Dalbec voting no Item 2, Council Bill 5 - An Ordinance providing for the approval of a rezoning from Residential-One B to Agricultural-One on land located at 4000 Nelson, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-99-04) Council Bill 5 was introduced on second reading by Mr Eafanti; title read by the Clerk; Ordinance No 1155 assigned Meredith Reckert was sworn in by the Mayor and presented the staff report. Motion by Mr Eafanti that Council Bill 5 (Ordinance 1155) a City initiated rezoning of property at 4000 Nelson Street from Residential-One B to Agricultural-One, be approved for the following reasons 1 The property was rezoned to R-1 B without the property owners consent. 2 It will be a substandard sized A-1 lot which can only be used for single family With the follovving condition' 1 4000 t~elson vvill be considered a substandard size A-1 lot v.hich can only be used for single-family uses including all other uses vvhich are allovved in single family districts and in an A-1 district; seconded by Mrs Shaver CITY COUNCIL MINUTES April 12, 1999 Page - 3 - Motion by Mrs, Dalbec to strike the condition, seconded by Mr DiTullio, carried 8-0 Vote on original motion carried 8-0 Item 3, Emergency Ordinance Council Bill 7 - An Ordinance adopting a temporary moratorium on new or expanded Adult Entertainment Facilities and sexually oriented businesses within the City and declaring an emergency Council Bill 7 was introduced by Mr DiTullio, who also read the title Summary was read by the Clerk and Ordinance No 1156 assigned City Attorney Dahl presented the staff report, Motion by Mr DiTullio for approval of Council Bill 7 (Ordinance 1156), seconded by Mr Siler; carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 4. Approval of agreement for engineering services for noise abatement at the Skateboard facility and a corresponding appropriation Motion by Mrs Worth that the City Manager be authorized to enter into a contract with the firm, Engineering Dynamics, for noise abatement analysis at the Skateboard Park at Anderson Park consistent with their proposal to the City of Wheat Ridge and that an amount not to exceed $5,000 be appropriated from the General Fund fund balance and transferred to Acct. No 601-750 to pay for the consulting services, seconded by Mr Siler; carried 8-0 Motion by Mrs Dalbec that the Jaidinger property be looked at as discussed at the Study Session Motion died for lack of second CITY COUNCIL MINUTES April 12, 1999 Page - 4 - Item 5, CONSENT AGENDA. A. November 2, 1999 Coordinated Mailed Ballot Election B 1999 HBP Overlay Project, RFB #99-11 C 1999 funding for Wadsworth Corridor Study D Approval of Expenditure Items Mrs Worth introduced the Consent Agenda and read the titles Mrs Dalbec asked to remove Item B Mrs Shaver asked to remove Item C Motion by Mrs Worth for approval of Items A, and D , seconded by Mr DiTullio carried 8-0 Mrs, Dalbec questioned why the money for the overlay project in the area of 44th Avenue and Highway 58 could not be used elsewhere, since this area was slated for redevelopment a few years down the road Motion by Mrs Dalbec for approval B. with the removal of 44th Avenue from Tabor to 1-70 and budget remain the same with the money to be used for other streets, seconded by Mrs Worth, carried 8-0 C Motion by Mrs Worth that the Wadsworth Corridor Study be completed and the 1999 budget be increased by $35,000 and the budget be amended accordingly; seconded by Mr Siler; carried 6-2 with Mrs Shaver and Mr DiTullio voting no Motion by Mr DiTullio that the light at 35th & Wadsworth be excluded from that study Died for lack of second CITY MANAGER'S MATTERS Mr Middaugh referred to his memos regarding Elway redevelopment and Park acquisitions He asked for Councils' input regarding priorities on proposed park acquisitions that will be forwarded to Jefferson County Open Space Mr Middaugh also addressed the Ridge Home property; he has heard that pedophiles will be housed there and asked Council to take an official position on this matter Motion by Mr DiTullio that the City support a position that the State proposal to use the Ridge property to house sexual offenders and possibly to expand on the use is neither desirable nor deemed to be compatible with surrounding uses, seconded by Mr Mancinelli, carried 5-3 with Councilmembers Dalbec, Worth, and Shaver voting no CITY COUNCIL MINUTES April 12, 1999 Page - 5 - Motion by Mr DiTullio that the City support a position that the State should maintain its previous position of vacating the Ridge Home property and making the entire parcel available for reuse or redevelopment; seconded by Mr Donnelly; tied 4-4 with Councilmembers Eafanti, Mancinelli, DiTullio, and Donnelly voting yes Mayor broke the tie by voting yes Motion carried 5-4 Mrs Worth wants her constituents and the people out there to know that this is ratifying an illegal vote that was taken by fax at the request of Mr Middaugh We should not be voting by fax on anything We don't have enough information to vote on something that affects people's lives whether they are developmentally disabled or otherwise Mrs Dalbec agreed with Mrs Worth Mr Siler voted against this because he feels this is one part of a big puzzle and we should be looking at the whole puzzle and making decisions as to how we are going to put the puzzle together for the Wheat Ridge area, we can't do that tonight. ELECTED OFFICIALS MATTERS Mayor Cerveny reminded everybody of the CAP newsletter that has been mailed out and the Arbor Day celebration on Saturday at City Hall The single family mortgage bond program will be announced next Tuesday, April 20, money will be available the next day or two after the announcements She gave report on discussion from Metro Mayor's luncheon she had attended Ron Patera is very upset about the pedophiles housed at the Ridge property; asked that the City take a strong position on this matter Claudia Worth asked for consensus that Mr Dahl look into the truck stop ordinance and make sure that our emergency ordinance is strong enough that it cannot be expanded or moved into other places within the City legally Consensus was 8 in favor Teri Dalbec asked for consensus to have Mr Dahl review Mr Middaugh's contract and how the Council pays itself in the future Consensus was 8 in favor Ralph Mancinelli asked for consensus to study the issue of drug rehabilitation centers in the City Consensus was 8 in favor Ken Siler has had complaints about the scrolling on Channel 8 it is too fast and the print is too small CITY COUNCIL MINUTES April 12, 1999 Page - 6 - Jerry DiTullio asked for consensus that staff draft a resolution starting a mass rezoning of R-2 properties in District I Consensus was 6 in favor Motion by Mr Siler for adjournment; seconded by Mr Eafanti, carried 6-2 with Mr Mancinelli and Mrs Worth voting no Meeting adjourned at 1140 p m ~\ I L- ._~J-; APPROVED BY CITY COUNCIL ON APRIL 26,1999 BY A VOTE OF ~ TO S2 ~," en Siler, Council President