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Home My WebLink About05/24/1999 Mav 24. 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 Manager Robert Middaugh, City Attorney, Gerald Dahl; Director of Planning, Alan White, Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES OF May 10, 1999 Motion by Mr Eafanti for the approval of the Minutes of May 10, 1999' seconded by Mrs Dalbec, carried 7-0 with Mrs Dalbec abstaining PROCLAMATIONS AND CEREMONIES Mayor Cerveny presented certificates to regional finalists of Odyssey of the Mind Mayor read Proclamation for Flag Day and National Cancer Survivors Day CITIZENS' RIGHT TO SPEAK Shawn Steigner, 7640 West 47th Avenue, formally requested to use the City's Show Wagon for August 8 for a "Save the Mesas" music festival Motion by Mr DiTullio that the City of Wheat Ridge allow the "Save the Mesas" to use the City's Show Wagon under the terms and conditions of last year for the festival during the weekend of August 8, 1999, seconded by Mr Eafanti Mr Siler will vote against this because City's procedures have not been followed Mr Siler asked to amend the motion to add that all costs associated with the use of the Show Wagon be charged to "Save the Mesas" organization, seconded by Mr Mancinelli, failed 3-5 with Councilmembers Eafanti, Mancinelli, and Siler voting yes Original Motion carried 7-1 with Mr Siler voting no CITY COUNCIL MINUTES MAY 24,1999 Page - 2 - George Menzies, 2833 Reed Street, presented signatures in favor of an ordinance requiring rabies vaccinations for dogs and cats every three years Motion by Mr DiTullio to add an Agenda Item 3 A. - Council Bill 14 - an ordinance extending the temporary moratorium on new or expanded adult entertainment facilities and sexually oriented businesses within the City; seconded by Mr Mancinelli, carried 8-0 Motion by Mr Siler to add an Agenda Item 4 A. - reconsideration of Council Bill 34 - an Ordinance approving demolition of City buildings on the Jaidinger property; seconded by Mr Mancinelli, carried 6-2 with Mrs Shaver and Mrs Dalbec voting no Motion by Mrs Worth to add Agenda Item 4 B - reconsideration of Resolution 27 - the DAV property; seconded by Mr Mancinelli, carried 8-0 ORDINANCES ON FIRST READING Item 1, Council Bill 11 - An Ordinance vacating an unused portion of public right-of-way located on the east side of West 44th Place, approximately 6400 West 44th Place, within the City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WV-99-02) Council Bill 11 was introduced on first reading by Mr Mancinelli, who also read the title Motion by Mr Mancinelli that Council Bill 11 be approved on first reading, ordered published, public hearing be set for Monday, June 28, 1999 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 6-2 with Mrs Dalbec and Mrs Shaver voting no Item 2, Council Bill 12 - An Ordinance amending Chapter 13, Article IV, Parking Permits in restricted areas in the Wheat Ridge Code of Laws Council Bill 12 was introduced on first reading by Mr Mancinelli who also read the title and summary Motion by Mr Mancinelli that Council Bill 12 be approved on first reading, ordered published, public hearing be set for Monday, June 14,1999 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 Mrs Dalbec CITY COUNCIL MINUTES MAY 24, 1999 Page - 3 - Mr Dahl pointed out some typos in Section 13-63(4) and Mr Mancinelli included in his motion that these be corrected Mrs Dalbec asked for a friendly amendment to add to (4) ,taking into consideration the safety of school children Motion maker and second accepted Motion by Mrs Worth to change the first sentence in (4) to read 'The Director of Public Works shall have the discretion to grant or deny the petition for designation " seconded by Mr Siler; carried 7-1 with Mrs Dalbec voting no Motion by Mrs Shaver to delete the words "or stopped" wherever applicable, seconded by Mr DiTullio, failed 7-1 with Mrs, Shaver voting yes Motion by Mrs, Dalbec for an amendment to Section 2 (1) to add but not within the area immediately in front of the school property lines and on the same side of the street as the school, seconded by Mrs Shaver; tied 4-4 with Councilmembers Dalbec, DiTullio Shaver, and Donnelly voting yes, Mayor broke the tie by voting no, Motion failed 5-4 Motion by Mrs Worth to amend Section 13 66 to take out sole and exclusive, seconded by Mr Siler; carried 8-0 Vote on original motion as amended carried 8-0 Item 3, Council Bill 13 - An Ordinance amending Section 21-141 of the Wheat Ridge Code of Laws, concerning contracts for the installation of courtesy bus benches Council Bill 13 was introduced on first reading by Mr DiTullio, who also read the title Mr White explained that the City is looking for similar contracts for bus benches as we currently have for bus shelters It is difficult to keep track of 130 benches city-wide, contracting with one company will allow for some efficiency for his staff and responding to requests for maintenance and repairs, it will also give us the opportunity to have one bench design instead of a myriad of designs, right now the system of bus benches is on a first come first served basis, there is no overall plan or strategy for installing those benches, by working with one contractor we would be able to do that. Motion by Mr Siler to table Council Bill 13 indefinitely; seconded by Mr DiTullio, carried 8-0 Item 3.A. Council Bill 14 - An Ordinance extending the temporary moratorium on new or expanded adult entertainment facilities and sexually oriented businesses within the City Council Bill 14 was introduced by Mr DiTullio, who also read the title Motion by Mr DiTullio that Council Bill 14 be approved on first reading, ordered published, public hearing be set for Monday June 14, 1999 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 Mrs Dalbec; carried 8-0 CITY COUNCIL MINUTES MAY 24,1999 Page - 4 - DECISIONS. RESOLUTIONS. AND MOTIONS Item 4, Resolution 38 - authorizing Jefferson County Open Space to secure a survey, appraisal, Phase I environmental assessment, title commitment, negotiate for the acquisition of 3 5 acres, more or less, of property including water rights, located at 10551 West 41st Avenue, and all costs of acquisition be paid 100% from the Jefferson County share of the Open Space Fund, said property to be used for Park and Recreation purposes Resolution 38 was introduced by Mr Siler, who also read the title He stated that the Parks department wants to visit the site and therefore moved to reschedule this item to June 28, 1999 as an agenda item for action, seconded by Mr DiTullio, carried 7-1 with Mrs Dalbec voting no Item 4. A. Reconsideration of Council Bill 34 - An ordinance approving demolition of City buildings on the Jaidinger property This Item was introduced by Mr Siler Motion by Mr Siler to have this as an Item on the June 14, 1999 City Council meeting as a further public hearing, seconded by Mr Mancinelli; carried 6-2 with Mrs Dalbec and Mrs Shaver voting no Item 4.8, Reconsideration of Resolution 27 - DAV property Motion by Mrs Worth that Resolution 27 be placed on the June 14, 1999 Agenda for further action, seconded by Mr Siler; carried 8-0 Item 5, Resolution 39 - endorsing the CML Executive Board Candidacy of Mayor Gretchen Cerveny Motion by Mr Eafanti for approval of Resolution 39, seconded by Mr Donnelly; carried 5-3 with Councilmembers Worth, Shaver, and Dalbec voting no Mrs Worth feels the Mayor needs to gain more experience with CML and perhaps serve on another committee first before applying for the board Mrs Shaver agrees with Mrs Worth and in addition feels that the Mayor serving on the Jefferson County Economic Council could possibly be a conflict of interest with serving on CML. CITY COUNCIL MINUTES MAY 24,1999 Page - 5 - Item 6, CONSENT AGENDA, A. Independence Court School Sidewalk Project, RFB #96-16 B Approval of Expenditure Items Mrs Worth introduced and read the Consent Agenda She asked to pull Item A Motion by Mrs Worth to approve Item B , seconded by Mr Mancinelli, carried 8-0 Motion by Mrs Worth for approval of A, seconded by Mr Mancinelli, carried 8-0 CITY MANAGER'S MATTERS Bob Middaugh read parts of his letter of resignation and gave his six weeks notice Motion by Mr Siler that a Special Meeting of City Council be held on June 2, 1999 at 7 00 P m to establish a recruiting plan for the selection of a new City Manager; seconded by Mr Donnelly; carried 7-1 with Mrs Dalbec voting no Mrs, Dalbec has to go to a graduation that night. Motion by Mrs Worth to reconsider that motion, seconded by Mrs Shaver; tied 4-4 with Councilmembers Dalbec, Siler, Worth and Shaver voting yes, Mayor broke the tie by voting yes Motion carried 5-4 Motion by Mr Siler to hold a Special Meeting re City Manager on June 8, seconded by Mrs Dalbec Mr DiTullio made an amendment to also hear the Recreation Center financing the same night and allow 2 hours for each item and that this be a dinner meeting, seconded by Mrs Dalbec; failed 2-6 with Mrs Dalbec and Mr DiTullio voting yes Motion failed 3-5 with Councilmembers Shaver, Dalbec and Donnelly voting yes Motion by Mr Siler to hold a Special Meeting on June 8, 1999, 7 00 P m re Recreation Center business plan, seconded by Mrs Worth, carried 7-1 with Mr DiTullio voting no Motion by Mr Siler to hold a Special Meeting on June 10, 1999, 700 P m re City Manager; seconded by Mr Mancinelli; carried 7-1 with Mr DiTullio voting no Mr Siler asked for consensus to hold a wake for Mr Middaugh at the Richards Hart Estate and he will ask for expenditure for that on June 14 Consensus was 8 in favor CITY COUNCIL MINUTES MAY 24,1999 Page - 6 - ELECTED OFFICIALS MATTERS Motion by Mr DiTullio that the Blue Committee meet and discuss the All Veterans Memorial, seconded by Mr Siler; carried 7-1 with Mrs Dalbec voting no Motion by Mr DiTullio to adjourn, seconded by Mr Eafanti, carried 7-0 Meeting adjourned at 10 15 P m APPROVED BY CITY COUNCIL ON JUNE 14, 1999 BY A VOTE OF .-.fL TO-D- Ken Siler, Council President