Loading...
HomeMy WebLinkAbout07/12/1999 July 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: Jerry DiTullio, Lloyd Donnelly, Don Eafanti, Ralph Mancinelli, Janelle Shaver, Ken Siler, Claudia Worth and Teri Dalbec (arrived at 730 pm) Also present: Deputy City Clerk, Christa Jones, Acting City Manager, Robert Goebel, City Attorney, Gerald Dahl, Chief of Police, Jack Hurst; Director of Planning, Alan White, Director of Parks and Recreation, Gary Wardle, staff; and interested citizens APPROVAL OF MINUTES OF June 21,1999 June 28,1999 Motion by Mr Eafanti for the approval of the Minutes of June 21, 1999, seconded by Mrs, Worth, carried 6-0 (Mr Siler abstained) Motion by Mr Eafanti to postpone approval of the Minutes of June 28, 1999 to July 26, 1999 until they are complete, seconded by Mr Mancinelli; carried 7-0 CITIZENS' RIGHT TO SPEAK Chuck Reno, 4198 Xenon Street, District Manager for Prospect Recreation District, explained that the district is seeking conversion from its current Title XXXI mill district status to a Title XXXII special district status They have operated on the 1 mill status for 44 years, but can no longer operate on that amount. He asked for Wheat Ridge to write a letter of support, Sarah Peterson, 2963 Ames Street, and Kathy Hartman, 5113 S Parfet Way, from the Jefferson County Self-Sufficiency Council, 1020 Upham Street, thanked Council for their support and distributed a newspaper article copy of their successful program graduates. Alan Minietta, 4668 Estes Street, complained about the noise being created by kids running up and down his street on their go-peds, and wondered if Council could help (Chief Hurst will look into this) Karla Nostas, 3500 Parfet Street, spoke in support of the street program on the Consent Agenda and thanked Council and staff for their work, CITY COUNCIL MINUTES July 12, 1999 Page - 2 - Motion by Mrs Shaver to add a Resolution to the Agenda - Resolution 47 - authorizing the use of the public right-of-way by the Wheat Ridge Historical Society, Inc , to post signs exempt from regulation advertising the Clear Creek Celebration of the Arts, that this be Item 6 G under the Consent Agenda, seconded by Mrs Worth, carried 7-0 Motion by Mrs Shaver to add a Resolution to the Agenda - Resolution 48 - authorizing the Carnation Festival to post signs in the public-right-of-way during the duration of the Festival this will be Item 6 H on the Consent Agenda seconded by Mr Mancinelli, carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1, Council Bill 10 - An Ordinance providing for the approval of rezoning property located 8151 West 44th Avenue from R-2 to RC-1 Item 1 was introduced by Mr Mancinelli who also read the title Ordinance 1162 was assigned Meredith Reckert presented an update on the rezoning J 0 Johnson, applicant, was sworn in by the Mayor; Mr Johnson gave an update on input from the neighbors regarding the rezoning Mr Dahl stated that Councilmembers Siler and Eafanti were not present during the original public hearing Mr Siler stated that he has read the packet and listened to the proceedings, as discussed in this case, and feels confident in voting on it. Mr Eafanti stated that he is very familiar with this case and is confident in voting Motion by Mr Mancinelli that Council Bill No 10, a request for approval of a rezoning from Residential-Two to Restricted Commercial-One for the property located at 8151 West 44th Ave, be approved for the following reasons 1 The rezoning will eliminate a nonconforming use 2 The rezoning will allow the historic use of the property to continue 3 The rezoning will allow the owners to demolish a deteriorating structure and build a new structure which has less impact to adjacent residences 4 The adjacent church property has a more intense use than the proposed rezoning request. 5 The rezoning is consistent with the goals and objectives of the Comprehensive Plan to transition from commercial into residential uses 6 Impacts to existing infrastructure are minimal with this rezoning CITY COUNCIL MINUTES July 12, 1999 Page - 3 - Subject to the following conditions 1 That an extensive landscape buffer be provided along the north and east property lines including a six foot wide landscape buffer adjacent to the parking on the east side 2 That the site plan be attached as an exhibit to the ordinance 3 That none of the permitted principal uses allowed in RC-1 zoning under Sections 26-20 (B)(3), 26-20(B)(11) and 26-20 (B)(12)(a) and (c), RC-1 be allowed on the Subject property 4 That the building height would not exceed 25 feet. 5 Development on the property shall be consistent with Exhibit A, (Insert E which should read the site plan shown on the June 14th 1999 meeting ), seconded by Mr Eafanti Mrs Dalbec will abstain from voting because she missed the first half of the hearing Motion for Amendment by Mrs Shaver to delete the word "banks" from the permitted uses B 2 , seconded by Mrs Worth Mr Siler made a point of order that Mrs Dalbec has to ask Councils' permission to abstain Motion by Mrs Dalbec to be allowed to abstain, seconded by Mr Siler; carried 6-2 with Mr Mancinelli and Mr DiTullio voting no Mrs Shaver's motion failed 5-2 with Mrs Shaver and Mrs Worth voting yes and Mrs Dalbec abstaining Mrs Dalbec explained she was late because her daughter was sick and she had to run her to the doctor and get a prescription Original Motion carried 7-0 with Mrs Dalbec abstaining ORDINANCES ON FIRST READING Item 2, Council Bill 17 - An Ordinance vacating an unused portion of public right-of-way for a portion of Simms Street (adjacent to 4455 Simms Street) within the City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WV-99-03) Council Bill 17 was introduced on first reading by Mrs Dalbec, who also read the title Motion by Mrs Dalbec that Council Bill 17 be approved on first reading, ordered published, public hearing be set for Monday, August 9 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 8-0 CITY COUNCIL MINUTES July 12, 1999 Page - 4 - Item 3, Council Bill 16 - An Ordinance repealing and reenacting Chapter 3 of the Wheat Ridge Code of Laws, pertaining to the regulation of sexually-oriented businesses Council Bill 16 was introduced on first reading by Mr DiTullio, who also read the title and summary Motion by Mr DiTullio that Council Bill 16 be approved on first reading, ordered published, public hearing be set for Monday, July 26, 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 Mr Mancinelli, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 4, Rights of Way acceptance for Miller Street and West 54th Avenue Motion by Mrs Dalbec that the Mayor be authorized to sign the right-of-way agreement accepting the right-of-way for 54th Avenue and Miller Street from the State Land Board with the following conditions 1 That the full street width for the proposed 54th Avenue be 32 feet with a detached 4ft walkway 2 That the full street width for the proposed Miller Street be sufficient to construct one through lane in each direction, a center turn lane where needed, on-street bike lanes, and a detached five foot wide walkway on the west side, seconded by Mrs Worth Motion by Mrs Worth to amend to add the words "and a curb", so that it would read a detached 4ft walkway and a curb, seconded by Mr Siler Motion by Mr DiTullio to make an amendment to the amendment that the motion would read as in the packet; seconded by Mr Mancinelli Mrs Worth made a point of order that Mr DiTullio's motion was a substitute motion and that was not allowed Mrs Worth' amendment failed 5-3 with Councilmembers Siler, Worth, and Shaver voting yes Motion by Mr Siler to amend Mrs Dalbec's motion to remove the words "with a detached 4ft walkway" seconded by Mr Mancinelli, failed 5-3 with Councilmembers Siler, Shaver, and Donnelly voting yes CITY COUNCIL MINUTES July 12, 1999 Page - 5 - Motion by Mr DiTullio to reconsider Mr Siler's motion, seconded by Mr Siler; carried 5-3 with Councilmembers Dalbec, Worth, and Shaver voting no Mr Siler's motion to delete the words "with a detached 4ft walkway" carried 5-3 with Councilmembers Dalbec, Worth, and Shaver voting no Motion by Mr DiTullio to reconsider the Mrs Worth' motion regarding the curb, seconded by Mr Siler; carried 5-3 with Councilmembers Dalbec, Worth, and Shaver voting no Motion by Mr DiTullio to amend Mrs Worth' motion to add the word "attached" so that it would read "attached curb", seconded by Mr Mancinelli, carried 8-0 The amended motion that the language now read "attached curb" carried 7-1 with Mrs Dalbec voting no Original Motion as amended carried 8-0 Item 5, Election of DRCOG Representative to replace Ken Siler Motion by Mr Siler that Mr Mancinelli be appointed to DRCOG to replace Mr Siler; seconded by Mr Eafanti, carried 7-1 with Mrs Dalbec voting no (Mr DiTullio will remain the alternate) Item 6, CONSENT AGENDA A. Resolution 45 - Authorizing the Mayor to execute the contract with the Colorado Historical Society for the Baugh House construction drawings B Resolution 46 - Authorizing an Intergovernmental Agreement between the City of Wheat Ridge and the City of Lakewood for the purpose of Street reconstruction C Award of Contract for 1999 Local Streets Improvement Project, RFB #99-22, D Painting of the Community Center E Walgreens agreement for public improvements F Approval of Expenditure Items G Resolution 47 - Clear Creek Celebration of the Arts H Resolution 48 - Wheat Ridge Carnation Festival Consent Agenda was introduced by Mrs Worth, who also read the titles Mr Siler asked to pull F Mrs Dalbec asked to pull D Motion by Mrs Worth to approve Items 6 A. B C E, G H , seconded by Mr Siler; carried 8-0 CITY COUNCIL MINUTES July 12, 1999 Page - 6 - After discussion of Item D Mrs Dalbec moved that the painting of the Community Center be awarded to the lowest responsive and responsible bidder, Front Range Painting and Remodeling for the amount of their quote of $3,750 I further move that the Anderson Building Project be postponed and that some of the funds allocated be used for the Community Center Project, and that all costs be paid from Acct. No 30-603-800-861, seconded by Mr Donnelly; carried 7-1 with Mrs Worth voting no Mrs Dalbec asked that there be better planning in the future for these Items and that they not just be added throughout the year Mr Siler explained that he had pulled Item F because the Clear Creek Festival of the Arts is budgeted for $5,000, he has a problem with procedure, in March of 96 Mr DiTullio brought forth a Resolution which requires financial reporting from organizations receiving contributions of special events funding, there are proper procedures to follow for this, and this was not done Motion by Mr Siler to approve Item 6 F , seconded by Mrs Dalbec, Motion by Mr DiTullio for an amendment that the money not be disbursed until the financial statement be submitted to the acting City Manager' seconded by Mr Mancinelli, failed 5-3 with Councilmembers Donnelly, DiTullio, and Mancinelli voting yes Original Motion carried 7-1 with Mr DiTullio voting no Item 7, Update on Hiring Process for City Manager (Jerry Dahl) Mr Dahl distributed two memos One was pertaining to City Manager Selection Time Schedule and the other for City Manager Screening Criteria Mr Dahl presented selection time schedule Motion by Mr DiTullio that the City Manager Selection Time Schedule be approved, seconded by Mr Mancinelli Mrs Dalbec asked for a friendly amendment that there would be flexibility with the schedule if needed This was accepted by motion-maker and second Motion carried 8-0 Mr Dahl then presented the City Manager Screening Criteria He has it broken down in three sections Personnel Commission criteria, Screening Committee criteria, City Council Screening and Selection criteria Motion by Mr DiTullio that the Personnel Commission criteria be approved, seconded by Mr Mancinelli Motion by Mrs Dalbec to amend that the Personnel Commission is also allowed to bring forth some candidates that they feel are within the spirit and close to what we are asking for; seconded by Mrs Shaver; carried 7-1 with Mr Siler voting no Motion by Mrs Shaver to amend to add the words on A. 2 "strongly recommend" 10 years experience seconded by Mrs Worth carried 8-0 Original Motion as amended carried 8-0 CITY COUNCIL MINUTES July 12, 1999 Page - 7 - Mrs Worth asked for consensus that the Council direct the Acting City Manager to appoint someone to put together appropriate packets for the Personnel Commission and the Screening Committee Consensus was 8 in favor Motion by Mr DiTullio for approval of the Screening Committee criteria, seconded by Mr Mancinelli Motion by Mrs Dalbec to make an amendment under Section 2 (f) that Open Space, community recreation facilities and active community involvements programs be separated as (f) (g) and (h) Mr DiTullio and second accepted this as a friendly amendment. Motion carried 8-0 Motion by Mrs, Dalbec to set an orientation meeting for the screening committee for Tuesdav. Auqust 17, 1999, seconded by Mr DiTullio, carried 7-1 with Mr Siler voting no Mr Siler does not believe in setting meetings for somebody else, let them set their own schedule CITY MANAGER'S MATTERS Bob Goebel announced to Council that he is pleased to be the 'Acting City Manager' for the next three months, he is looking forward to the challenge and opportunity CITY ATTORNEY'S MATTERS Mr Dahl asked for a short Executive Session to be held next week after the Study Session for a litigation update ELECTED OFFICIALS MATTERS Mayor Cerveny reminded the public of the Public Open House with the Colorado Department of Transportation on the 1-70 State Highway 58 Interchange project, the first meeting is on July 14, 1999 Clear Creeks Arts Festival is being held on the weekend of July 24 & 25 and the Carnation Festival is August 13, 14 & 15 Christa Jones reminded Council of some of the up coming dates regarding the Election Mr DiTullio reminded citizens of District I that on August 2, 1999 Moe Keller will be present at the First Monday Meeting He also announced that on the August 16 Study Session a discussion will be held on whether or not citizens want a city wide trash pick up and if so it will need to be a question on the ballot. CITY COUNCIL MINUTES July 12, 1999 Page - 8 - Mrs Dalbec wanted to discuss the walkway that was discussed earlier and revealed some of the complaints she has heard She mentioned that there is a SHOUT Center which is a Teen Center being set up as a reaction to the Columbine situation and she feels they really need follow some of the things they are doing to help support our (Wheat Ridge) kids Motion by Mrs Worth to have the Acting City Manager send a letter of support for the Prospect Recreation District; seconded by Mrs Shaver; carried 7-1 with Mr Siler voting no Mr Eafanti announced that at the next First Monday Meeting in District III they will be serving ice cream Mrs Shaver had a few concerns regarding the Teen Center, stated that this is the second summer that the Teen Center has gone without a permanent staff member, computers are broken and things are deteriorating because there is not sufficient support, She informed Council of an interesting phone call she received from Terry Green of Jeffco Human Services who called and asked if there was a building available to start a Head Start program. Announced that there is a vacancy on the Liquor Authority Board in District III Volunteers are still needed for the Clear Creek Festival of the Arts, which is being held July 24 & 25 Motion by Mr DiTullio to make a change to the Ordinance regarding the Liquor Board that it would require that a person not have a relative with a liquor license in Wheat Ridge as opposed to what it presently reads "a relative with a liquor license in the State of Colorado", seconded by Mr Eafanti, tied 4-4, Mayor broke tie by voting yes Motion carried 5-4 Motion to adjourn, seconded by Mr Eafanti, carried 8-0 Meeting adjourned at 10'30 p m (\ \ .-' ~l -\/_' \ t \ y " Christa Jones Deputy City Clerk \ Y CITY C UNCIL ON JULY 26,1999 BY A VOTE OF L TO..Q