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
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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
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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
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Christa Jones Deputy City Clerk
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Y CITY C UNCIL ON JULY 26,1999 BY A VOTE OF L TO..Q