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HomeMy WebLinkAbout06/14/1999 June 14.1999 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m. Councilmembers present: Teri Dalbec Jerry DiTullio, Lloyd Donnelly, Ralph Mancinelli, Janelle Shaver, and Claudia Worth Ken Siler was absent to due illness Don Eafanti was absent, he is out of town Also present: City Clerk, Wanda Sang, City Treasurer, Ron Patera, City Manager, Robert Middaugh, City Attorney, Gerald Dahl, 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 May 24,1999 Motion by Mr DiTullio to approve the Minutes of May 24, 1999, seconded by Mrs Shaver; carried 6-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny made presentation to Wheat Ridge Cyclery for being #1 in the Country CITIZENS' RIGHT TO SPEAK Linda Mauro, 6741 West 36th Place, asked that Council consider a contract trash service to serve either the entire City or one district; she feels this would help with the problem of blowing trash, lessen noise improve neighborhood look, less traffic less accidents Bob Alldredge, 2890 Lamar Street, agreed with what had been discussed regarding trash service Motion by Mr DiTullio that Council study this at the August Study Session, seconded by Mrs Shaver; carried 6-0 CITY COUNCIL MINUTES June 14, 1999 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 9 - An Ordinance amending Chapter 5 of the Code of Laws of the City of Wheat Ridge, relating to Buildings and Building Regulations (WCA-99-01 ) Council Bill 9 was introduced on second reading by Mr DiTullio, who also read the title and summary Darin Morgan, Codes Administrator, distributed copies of revised statutes and presented staff report, Motion by Mr DiTullio that Council Bill 9 be postponed until June 28, 1999 Council Meeting, seconded by Mr Mancinelli, carried 6-0 Motion by Mr DiTullio to reconsider his motion to postpone to allow the public to speak; seconded by Mr Donnelly; carried 6-0 Odarka Figlus, 9775 West 36th Avenue, was sworn in by the Mayor; she suggested that the Ordinance be worded very clearly so that people would not need to call up and ask for an interpretation of what it means, she also questioned the wisdom of requiring a licensed contractor for small rental properties, addressed the cost of needing a permit to change something on a sign, such as a telephone number This will be a burden for small businesses Motion by Mr DiTullio to postpone Council Bill 9 until the June 28 Council Meeting, seconded by Mr Mancinelli Motion by Mrs Shaver to amend to change the hearing date until after Council Bill 9 has been discussed at a Study Session, seconded by Mrs Dalbec, Motion by Mrs Worth to amend the amendment to hold the second reading at the second regular meeting in July; seconded by Mrs Dalbec, carried 6-0 Vote on original motion as amended carried 6-0 Item 2. Council Bill 10 - An Ordinance providing for the approval of a rezoning from Residential-Two to Restricted Commercial-One on land located at 8151 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-99-06) Council Bill 10 was introduced on second reading by Mr Mancinelli, who also read the title and summary CITY COUNCIL MINUTES June 14, 1999 Page - 3 - James Hatcher, architect for J and B Tax Accountants, was sworn in by the Mayor He stated that this would be an ideal transitional use between residential and commercial and asked for approval of this rezoning Jeffrey Johnson, part owner of J and B Tax Accountants, was sworn in by the Mayor, and asked for approval of their rezoning request; stated they want to build something that is compatible with their neighbors, they only have six employees Meredith Reckert was sworn in by the Mayor and presented the staff report, Lucian Burt, 4465 Brentwood Street, was sworn in by the Mayor; does not object to have a tax accounting business in his neighborhood, although he would prefer residential, a good business neighbor is better than a bad residential neighbor After having his concerns addressed and questions answered, Mr Burt asked to go on record as being in favor of the application Motion by Mr DiTullio to take a 15 minute break so that staff can talk to the applicant on uses that they might want to delete, seconded by Mr Donnelly; carried 6-0 J D Johnson, applicant, asked for a continuance so they can talk to the neighbors and discuss it amongst themselves and see if they can get it fine-tuned and come back to Council to get this passed Motion by Mr Mancinelli to continue this Item to July 12, 1999; seconded by Mrs Worth, carried 6-0 Item 3, 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 second reading by Mr Mancinelli, who also read the title and summary; Clerk assigned Ordinance No 1158 Mr Mancinelli explained the background and reasons for this Ordinance The following speakers were sworn in by the Mayor' Erna McIntyre, Ray Barrett, Alice Mealman, Louis Janak. They all asked for adoption of this Ordinance, they want to be able to park in front of their own homes Motion by Mr Mancinelli for approval of Council Bill 12 (Ordinance 1158), seconded by Mr DiTullio, carried 5-1 with Mrs Shaver voting no CITY COUNCIL MINUTES June 14,1999 Page - 4 - Item 4, 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 on second reading by Mr DiTullio, who also read the title and summary; Clerk assigned Ordinance No 1159 Motion by Mr DiTullio for approval of Council Bill 14 (Ordinance 1159) seconded by Mr Donnelly; carried 6-0 Item 5, Reconsideration of Council Bill 34 - An Ordinance approving demolition of one municipally owned building Item 5 was introduced by Mr Mancinelli, who also read the title and summary Gail Mevlani was sworn in by the Mayor; she asked that the house not be torn down but be donated as a temporary use for refugees Motion by Mr Mancinelli to continue this Item to June 28,1999, seconded by Mr DiTullio Motion by Mrs Shaver for an amendment that staff meet with the refugee organization between now and the time we consider this to discuss the possible use of this house as a sponsor house for refugees, seconded by Mrs Worth, carried 6-0 Original Motion as amended carried 5-1 with Mrs Dalbec voting no ORDINANCES ON FIRST READING Item 6, Council Bill 15 - An Ordinance approving an amended agreement in connection with the construction of the 39th and Kipling access to the Wheat Ridge Recreation Center with the Denning family Council Bill 15 was introduced on first reading by Mrs Shaver; title read by the Clerk. Motion by Mrs Shaver that Council Bill 15 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 1 day after final publication seconded by Mrs Worth carried 5-1 with Mrs Dalbec voting no CITY COUNCIL MINUTES June 14, 1999 Page - 5 - DECISIONS. RESOLUTIONS. AND MOTIONS Item 7, Reconsideration of Resolution 27 - re appraisal of DAV property at 4901 Marshall Street. Item 7 was introduced by Mrs Worth, who also read the title and summary Motion by Mrs Worth to approve Resolution 27 with the deletion of section 3 regarding the demolition of buildings on the property and the substitution of a new section 3 that places the property on the high priority acquisition list of the City; seconded by Mrs Dalbec Motion by Mr DiTullio to postpone this Item to June 28, 1999, seconded by Mr Donnelly; tied 3-3 with Councilmembers Shaver, Dalbec, and Worth voting no Mayor broke the tie by voting yes Motion carried 4-3 Item 8, Approve Purchase of Police Department Mobile Terminal Software Package Motion by Mr DiTullio that the City Manager be authorized to purchase the Cerulean software package as proposed for the price of $145,911, and that the expenditure be charged to Acct. 60-204-800-809, and further that the City Manager be authorized to enter into a contract for implementation and installation purposes of the software I further move that the City Manager fax Council the budget page where this item was budgeted, seconded by Mr Mancinelli, carried 5-1 with Mrs Dalbec voting no Item 9, CONSENT AGENDA. A. Approve expenditure of funds for City Manager reception B Resolution 40 - Accepting Mini-grant for Richards-Hart Estate C Designation of CML voting delegate D Resolution 41 - Intergovernmental Agreement with Jefferson County re Election E, Resolution 42 - Intergovernmental Agreement with Jefferson County re Tabor Notice F Approval of Expenditure Items G Appointment to Animal Welfare and Control Commission CITY COUNCIL MINUTES June 14, 1999 Page - 6 - Mrs Worth introduced the Consent Agenda and read the titles She asked that Items A. C and G be pulled Motion by Mrs Worth for approval of Items B D E, F , seconded by Mr DiTullio, carried 6-0 Motion by Mrs Worth that $1,000 be appropriated from the fund balance and transferred to Account 102-702 for purposes of paying for a reception for the City Manager at the Richards Hart Estate on Sunday, June 27, 1999 from 1 to 4 pm, seconded by Mr Mancinelli, carried 6-0 Motion by Mrs Dalbec that Mrs, Worth be designated as the City's official delegate for the CML conference, seconded by Mrs Shaver; carried 5-1 with Mr Mancinelli voting no Motion by Mrs Shaver to appoint Thomas Hammerschmidt to the Animal Control commission from District III, seconded by Mr DiTullio, carried 6-0 CITY MANAGER'S MATTERS Mr Middaugh distributed Report on sound monitoring at the skateboard park, Mrs Shaver asked for consensus to have this issue put on a Study Session ASAP Consensus was 6 in favor CITY ATTORNEY'S MATTERS Mr Dahl asked Councils' permission to create a draft ordinance for Council review entitled maintenance of structures and site plans Motion by Mrs Shaver that Mr Dahl draft this Ordinance, seconded by Mrs Worth, carried 6-0 ELECTED OFFICIALS MATTERS Treasurer, Ron Patera, asked that Council officially accept the auditor's report. Motion by Mrs Shaver to accept the auditor's report; seconded by Mr DiTullio, carried 6-0 Motion by Mrs Dalbec to add Board and Commission appointments to the Special Meeting on June 21, seconded by Mr DiTullio carried 6-0 CITY COUNCIL MINUTES June 14, 1999 Page - 7 - Mrs Worth asked that the "g" in the lobby be put back or repaired, Mr Middaugh stated it had been stolen She has had complaints about the dandelions around City Hall, she questioned the wisdom of City summer help picking up twigs in the Greenbelt. Mr Wardle replied these were volunteers who were picking up trash Mrs Shaver asked for consensus to have Mr Dahl find out what he can regarding the Boulder and elsewhere Pop-Top Ordinances and have Mr Siler put this on the Study Session list for sometime in the future Consensus was 3 in favor Mayor voted yes Consensus was 4 in favor Mrs Shaver passed out a couple of letters from the Transcript that are about hazardous waste and toxic hazards and gas mitigation in the NorthWest Quadrant. It seems to be more and more of an issue that needs to be addressed She wants to make sure that the issue of toxic hazards is addressed in the NorthWest Quadrant Study Motion by Mrs Shaver that our representatives to the NorthWest Quadrant Feasibility Study management team would officially ask that team to address and get a report from the EPA and/or other agencies that may be involved on the various environmental hazards in the NW quadrant and address public safety and liability; seconded by Mrs Worth, carried 6-0 Mayor Cerveny assured Mrs Shaver that she would ask the question regarding the gas fields Motion by Mrs Shaver that Mr Middaugh write an open letter to the Citizens of Arvada and send it to the Transcript, the Denver Post, and the Rocky Mountain News, and maybe Boulder and Broomfield that would briefly summarize our existing resolution and that all we have agreed to is participate in the study; seconded by Mrs Worth, carried 6-0 Motion by Mr DiTullio to appoint Linda Kelm to the Personnel Commission for District I, seconded by Mr Donnelly; carried 6-0 Motion by Mr DiTullio that an ordinance on first reading come to Council either in July or August regarding Rabies vaccinations every two or three years instead of one year' seconded by Mrs Worth, carried 6-0 Motion by Mr DiTullio to adjourn, seconded by Mr Mancinelli, carried 6-0 Meeting adjourned at 11 30 P m / {,c ,,( , ). r Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON JUNE 28, 1999 BY A VOTE OF l TO ~ with Mr Siler abstaining *Minutes as corrected on June 28, 1999