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HomeMy WebLinkAbout07/26/1999 Julv 26.1999 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, and Claudia Worth Teri Dalbec arrived at 705 P m Also present: City Clerk, Wanda Sang, City Treasurer, Ron Patera, Acting City Manager, Bob Goebel, City Attorney, Gerald Dahl, Director of Planning, Alan White, staff; and interested citizens APPROVAL OF MINUTES OF June 28,1999 July 12, 1999 Motion by Mr Eafanti for the approval of the Minutes of June 28, 1999, seconded by Mr Mancinelli, carried 7-0 Motion by Mr Eafanti for the approval the Minutes of July 12, 1999, seconded by Mr DiTullio, carried 7-0 CITIZENS' RIGHT TO SPEAK Leo Rainwater, 11695 West 37th Avenue, suggested that the City do its homework before they got into the trash business, should they hire one or four contractors to pick up trash in the various districts He doesn't like the current system with numerous trash companies going up and down the neighborhoods picking up trash on different days of the week, John Jerman, 11694 West 37th Avenue, supports a trash contractor for the City; does not recommend that the City actually takes over trash collection City Council can set strict standards for selected contractor Odarka Figlus, 9775 West 36th Avenue informed everybody that the Wheat Ridge Arts Council has a new meeting time, which will be the first Thursday of the month at 5 30 P m at Ristorante Amato on 38th & Fenton CITY COUNCIL MINUTES July 26,1999 Page - 2 - Tom Atkins, 1110 17th Street, Golden, member of Citizens Involved in the Northwest Quadrant, (CINQ) They are not convinced that a beltway is the solution to the transportation problems, solutions must be developed by a cooperative, comprehensive regional planning process they support the feasibility study that is being done, particularly Phase II, Phase I is sort of a flawed Phase and some of the assumptions in it are not well thought out. 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 ((Case No WCA-99-01 ) Council Bill 9 was introduced on second reading by Mr DiTullio, who also read the title and summary; Ordinance No 1163 was assigned by the Clerk. Darin Morgan, Codes Administrator, was sworn in by the Mayor and briefed Council on the proposed changes The following speakers were sworn in by the Mayor. Odarka Figlus, 9775 West 36th Avenue, spoke against the Ordinance and asked that Council vote against it; asked that Council appoint a task force of selected citizenry and come up with compromises Phil Plummer, 10398 West 4151 Avenue, spoke in opposition, he owns rental properties and he can't believe that he would be in violation of the code if he replaces a hot water heater in one of his units Motion by Mr DiTullio to adopt Council Bill 9 (Ordinance 1163), approving amendments to the City of Wheat Ridge's Code of Laws, Chapter 5, regarding Buildings and Building Regulations, seconded by Mr Siler Motion by Mrs Dalbec to make an amendment under Section 5-34 (1) to remove the words "and resides in", seconded by Mr DiTullio, carried 8-0 Motion by Mrs Worth to make an amendment under Section 5-43 (d)(1) lower the 1 O-plex to "4-plex"; seconded by Mr DiTullio, carried 8-0 Motion by Mrs Shaver to make an amendment under Section 577 (d) to leave the currently stricken word "electrical", seconded by Mrs Dalbec, carried 5-3 with Councilmembers Siler, Mancinelli, and DiTullio voting no Vote on original motion as amended carried 8-0 CITY COUNCIL MINUTES July 26,1999 Page - 3 - Item 2 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 second reading by Mr DiTullio, who also read the title and summary; Clerk assigned Ordinance No 1164 City Attorney, Jerry Dahl, was sworn in by the Mayor and explained the reasons for this Ordinance and entered exhibits into the record Alan White was sworn in by the Mayor and gave background on how they arrived at the maps Motion by Mrs Dalbec to continue this Item to the August 9, 1999 meeting at 6 00 pm, seconded by Mr DiTullio, carried 7-1 with Mr Siler voting no ORDINANCES ON FIRST READING Item 3. Council Bill 18 - An Ordinance amending Section 26-30(L) of the City of Wheat Ridge Code of Laws concerning regulations applicable to the keeping of animals Council Bill 18 was introduced on first reading by Mr DiTullio, who also read the title Mr Dahl pointed out various corrections that need to be made in the Ordinance The following speakers were present: Tom Hammerschmidt, 3215 Flower Street, member of the Animal Control Commission, speaking as a private citizen, stated that it isn't fair that horse owners are being legislated over and over again, when so few complaints are filed Was not in favor of the 15 ft setback, doesn't accomplish anything Lizabeth Hill, 3215 Flower Street, spoke on behalf of her daughter and her daughter's horses, that are members of their family; they moved to Wheat Ridge because of the zoning for large animals and are afraid that this is changing Spoke against the 15 ft setback; can't imagine taking that much room away from the horses Don Mac Dougall, 9815 West 39th Avenue, spoke against the 15 ft setback. CITY COUNCIL MINUTES July 26,1999 Page - 4 - Barbara Hance 11818 West 52nd Avenue is opposed to the 15 ft setback, it will be breeding ground for bugs and full of weeds Kim Fear, 7340 West 32nd Avenue, is opposed to the 15 ft setback; had questions on the complaint process portion of the Ordinance Louise Turner, 11256 West 38th Avenue, agreed with the previous speakers, 15 ft setback will create many non-conformities, six animals have been complained about in 30 years, 3 horses a pigeon, a rabbit, and a duck; why do we need a full page of restrictions for that? This setback drastically restricts where the pen can go, the more you constrict an area, the more it intensifies any type of sanitation, use as much space as possible for the animals Take out the 15 ft setback and bury it and never bring it back; don't penalize good owners Claudia Callas, 8701 West 38th Avenue, feels that the few complaints do not warrant all that legislation, she would hate to see large animals leaving Wheat Ridge, keep the bit of rural life that is left. Motion by Mr DiTullio that Council Bill 18 be approved on first reading, ordered published, public hearing be set for Monday, August 23, 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, with the following change that under Section 1 g 1 the sentence "The pen, corral or fenced area for the regular keeping of such animals shall not be permitted within fifteen (15) feet of the side or rear lot line" be deleted, seconded by Mrs Worth Motion by Mrs Worth for an amendment on page 2, b Sections 1 through 5 be deleted and the following substituted "Upon receipt of any complaint involving animals other than dogs or cats, standard nuisance abatement procedures will be followed Additionally, Code Enforcement Personnel will make the complaint known via the APEO Superintendent to the members of the Wheat Ridge Animal Welfare and Control Commission, who shall be available in advisory capacity at any time", seconded by Mrs Shaver; carried 8-0 Motion by Mrs Worth for an amendment to move former Item 5 g to be 1 a and to read "the fence or other enclosure must be constructed and maintained in such a manner so as to adequately and humanely contain the animals", and to direct the City Attorney to renumber everything accordingly; seconded by Mr DiTullio, carried 8-0 Motion by Mrs Shaver for an amendment under Section 1 (L) the words "where permitted" be stricken, seconded by Mrs Worth, carried 8-0 CITY COUNCIL MINUTES July 26,1999 Page - 5 - Motion by Mrs Dalbec to change Section 1 (L) a minimum area of lot to read like Section 3 c., which will be renumbered as b , and to direct the City Attorney to make sure that the minimum open lot area description only appear once in the Ordinance, seconded by Mrs Worth, carried 8-0 Motion by Mrs Worth to change Page 4 "This Ordinance shall take effect one day "to "15 days", seconded by Mrs Shaver; carried 8-0 Motion by Mrs Dalbec that on properties less than 1000 square feet the Code Enforcement Officer and the Animal Welfare involvement is to see that the property owner is following an accepted manure management program seconded by Mrs Worth Motion by Mr DiTullio to go past 11 00 P m and finish the Agenda through Item 10 plus the executive session and then adjourn, seconded by Mrs Shaver; tied 4-4 with Councilmembers Dalbec, DiTullio, Donnelly, and Shaver voting yes Mayor broke the tie by voting yes Motion failed (Needed six votes to pass) Motion by Mrs Worth to go past 11 00 P m and finish this Agenda Item and continue the rest of the meeting until July 27 at 7 00 pm, seconded by Mr Siler; tied 4-4 with Councilmembers Siler, Shaver, Worth, and Donnelly voting yes Motion by Mr DiTullio to go past 11 00 P m and finish Agenda Item 9 and executive session, seconded by Mrs Dalbec; failed 5-3 with Councilmembers Mancinelli, Siler, and Worth voting no Motion by Mrs Dalbec to finish this Agenda Item, the first readings and the Consent Agenda and the executive session, seconded by Mr DiTullio Motion by Mrs Shaver to amend to add Item 9, seconded by Mr DiTullio, Mrs Dalbec accepted this as a friendly amendment. Motion tied 4-4 with Councilmembers Dalbec, Shaver, DiTullio, and Donnelly voting yes Motion by Mr Siler to complete Item 3, adjourn for the night, and the Mayor will schedule a special session to complete the Agenda, seconded by Mr Mancinelli, carried 7-1 with Mr DiTullio voting no City Clerk, Wanda Sang, listened to Mrs Dalbec's motion on the tape and repeated it for Council. Motion carried 6-2 with Mr Mancinelli and Mr Eafanti voting no Motion by Mrs Shaver to include the words "Planning Commission" in the second where as, seconded by Mr DiTullio, carried 6-2 with Mr Siler and Mrs Worth voting no CITY COUNCIL MINUTES July 26,1999 Page - 6 - Motion by Mrs Shaver to delete paragraph d on page 3 seconded by Mrs Worth, carried 5-3 with Mr Eafanti, Mr Siler and Mr Mancinelli voting no Oriqinal Motion as amended carried 6-2 with Mr Siler and Mr Mancinelli voting no Mayor Cerveny stated that she will call a special meeting on Wednesday, July 28, 1999 at 7 OOpm City Clerk Wanda Sang clarified that special meetings need to be published as such and there would not be enough time to do so, however this meeting could be continued to Wednesday, July 28, 1999, then publication would not be necessary Mr Dahl agreed with Mrs Sang Motion by Mrs Dalbec to reconsider the Motion for the term special meeting to a continuation of this meeting; seconded by Mrs Worth carried 8-0 Motion by Mrs Worth to continue this meeting to Wednesday July 28, 1999, at 7 00 P m to continue the agenda seconded Mr Donnelly; carried 7-1 with Mrs Dalbec voting no Meeting adjourned at 11 00 P m Julv 28. 1999 The Continuation of the July 26, 1999, 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, and Claudia Worth Teri Dalbec arrived at 7 04 P m Also present: City Clerk, Wanda Sang, Acting City Manager, Bob Goebel, City Attorney, Gerald Dahl, Director of Planning, Alan White, Director on Parks and Recreation, Gary Wardle, staff; and interested citizens Item 4. Council Bill 19 - An Ordinance providing for the approval of a rezoning from Restricted Commercial to Residential-Three and Restricted Commercial on land located at 6690 West 38th Ave City of Wheat Ridge County of Jefferson State of Colorado CITY COUNCIL MINUTES July 26,1999 Page - 7 - Council Bill 19 was introduced on first reading by Mr Donnelly; title read by the Clerk. Motion by Mr Donnelly that Council Bill 19 be approved on first reading, ordered published public hearing be set for Monday, August 23, 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 Mr Eafanti carried 6-2 with Mrs Worth and Mrs Shaver voting no Item 5. Council Bill 20- An Ordinance approving demolition of a municipally owned building located at 9120 W 44th Ave Council Bill 20 was introduced on first reading by Mrs Dalbec who also read the title Motion by Mr Donnelly to postpone the whole agenda item to a study session on August 30th in order for Mr Wardle to bring back more information on alternatives, seconded by Mrs Worth Amendment by Mr DiTullio that motion 2 not be included in the motion to postpone to postpone to the August Study Session, seconded by Mrs Dalbec; fails 2-6 with Mrs Dalbec and Mr DiTullio voting yes Amendment by Mrs Dalbec to have a Study Session on the fifth Monday in August on the Skate Board Park and then a regular meeting to follow in order for Council to vote on any issues regarding the Skate Board Park; seconded by Mr Donnelly; tied 4-4 with Councilmembers Dalbec, Donnelly, Shaver and Worth voting yes, Mayor broke the tie by voting no Motion failed 5-4 Vote on original motion carried 6-2 with Mr Eafanti and Mr DiTullio voting no DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Manwaring Field Complex Master Plan Approval Item 6 was introduced by Mr Siler Motion by Mr DiTullio not to go over the Master Plan again, motion died for lack of second Mr Wardle went over the Master Plan for the Manwaring Field describing each phase Motion by Mr Siler for approval of the Master Plan for the Manwaring Field Complex for Phases II, III & IV, seconded by Mr Mancinelli CITY COUNCIL MINUTES July 26,1999 Page - 8 - Amendment by Mrs Shaver to include instruction to staff to bring forward an Ordinance to tear down the Horse Barn on the Jaidinger Property; seconded by Mrs Worth, failed 3-5 with Mrs Worth, Mrs Shaver and Mr Donnelly voting yes Amendment by Mrs Dalbec that the cost of the lighting system be moved to before the main sign on 48th & Marshall and before the path going to the back of the property to the greenbelt are built; motion failed due to lack of second Amendment by Mrs Dalbec that the parking area not be paved, seconded by Mrs Shaver; failed 3-5 with Mrs Dalbec, Mrs Shaver and Mrs Worth voting yes Original Motion as amended carried 7-1 with Mrs Dalbec voting no Motion by Mr Siler that staff be authorized to advertise for a Landscape Design firm to complete the construction drawings for Phase II of the project and bring the bid back to Council, seconded by Mr Donnelly; carried 7-1 with Mrs Dalbec voting no Item 7. Management Plan for the Wheat Ridge Greenbelt and Open Space Areas Item 7 was introduced by Mrs Dalbec, title and summary read by the Clerk. Mr Wardle made opening statements explaining the plan Motion by Mrs Dalbec that the National Park Service be authorized to draft with citizen input the GreenbelUOpen Space management plan for the City of Wheat Ridge using the MDG study as a guide line I further move $12,000 be transferred from the General fund Balance to Acct. No 01-603-750 I further move to approve the expenditure not to exceed $7,000 for flora and fauna in passive recreational usage surveys of the Greenbelt and Open Space areas, and to pay for mapping in conjunction with the GreenbelUOpen Space management Plan I further move the funds be encumbered for the length of the project, which expressly allows the expenditure of funds in 1999 and 2000 for this project in accordance with Ordinance 787, 1989 Series, seconded by Mrs Worth, carried 7-1 with Mr DiTullio voting no Mr DiTullio voted no because 1 the Parks Commission members were not in full agreement with the National Park Service Study; 2 This puts the Parks Department in a no-win situation, 3 The City does not own the Greenbelt. CITY COUNCIL MINUTES July 26,1999 Page - 9 - Item 8. Motion to amend the 1999 Compensation Schedule to add the position of City Engineer Item 8 was introduced by Mr Siler; title and summary read by the Clerk. Mr Goebel explained that he would have brought this item to the normal budget meetings but the current senior project engineer has resigned and he wants the ad to read the proper job description for the actual duties Motion by Mr Siler that the 1999 Compensation Schedule be amended as follows 1) Add the position of City Engineer at a new paygrade 5A with a salary range minimum of $4,913/mo, a salary range mean of $5,650/mo , and a salary range maximum of $6,215/mo , and 2) Delete the position of Senior Project Engineer from paygrade 6, such changes to be effective August 4, 1999 seconded by Mr DiTullio, carried 8-0 Item 9. Appointment of Screening Committee for City Manager applications Motion by Mr Siler for approval of the screening committee as presented, that the screening committee elect its own chair; and to direct the Mayor to write a letter to all participants giving a schedule and duties that the screening committee is expected to perform, seconded by Mrs. Shaver; carried 8-0 Item 10. CONSENT AGENDA. A. Baugh house construction drawings B Purchase of new telephones for City Hall C Purchase of Computer Equipment (RFB #99-24) D Re-upholstery of Community Center furniture E. Resolution 49 - accepting the Clear Creek Legacy Grant and authorizing the Mayor and the City Clerk to sign the Clear Creek Legacy Project Grant Agreement. F Resolution 50 - authorizing the Mayor to execute an agreement with Great Outdoors Colorado (GOCO) to accept a grant for the Wheat Ridge Recreation Center soccer field G Approval of Expenditure Items Mrs Worth introduced the Consent Agenda and read the titles, she pulled C Mrs Dalbec pulled Band E Motion by Mrs Worth to approve the Consent Agenda Items A. 0 F G, seconded by Mr Siler; carried 8-0 CITY COUNCIL MINUTES July 26,1999 Page - 10 - 10 B. Mrs Dalbec questioned Bill Powell about the necessity of the telephones and questioned when the Clerk's Office would be hooked up to the County for voter information Mr Powell stated that this is being worked on and currently the only holdup is resolving an issue over a computer address After that we should be up and running Motion by Mrs Dalbec that the purchase of new telephones be approved and the cost of purchase be charged to Acct. No 01-610-800-805 seconded by Mr Siler; carried 7-1 with Mr DiTullio voting no 10 C Mrs Worth questioned if some of the old computers could be given to the teen center' Mr Powell stated that would be possible Motion by Mrs Worth that the Computer Equipment Bid, RFB 99-24, be awarded to Arsys Innotech, in the amount of their bid of $47,977 plus $2,304 to upgrade all the computers for a total of $50,281 I further move that all costs associated with this project be charged to Acct. Nos 59-117-800-802 and 61-602-800-809, seconded by Mr Siler; carried 6-2 with Mrs Dalbec and Mr DiTullio voting no 10 E. Motion by Mrs Dalbec to postpone this Item until we hold an Executive Session under 5 7 (B)(3) of the Charter; and come back and vote on this, seconded by Mrs Shaver; carried 5-3 with Councilmembers Eafanti, Mancinelli, and Mr DiTullio voting no ELECTED OFFICIALS MATTERS Mayor Cerveny updated Council on the Carnation Festival activities, reported on the Metro Mayors caucus Mr DiTullio questioned why his name was mentioned as to the reason 150 tickets were issued in one weekend for illegal parking Mr DiTullio asked that Council members names not be given when enforcing the law Motion by Mr DiTullio that in the normal course of duty the police officers will enforce parking violations or give warning notices citing the parking ordinances of the city; seconded by Mrs. Worth, carried 7-1 with Mrs Shaver voting no Mrs Dalbec commented on the need to have an election connection so citizens can have up to the minute election information Mrs Dalbec will initiate a letter to the county in two weeks if she hasn't heard back from staff in the possibility of this request. Mrs Shaver asked that in the Personnel Commission minutes when there is a reference to the personnel policies that a "brief description summary" be provided to Council on the policy CITY COUNCIL MINUTES July 26,1999 Page - 11 - Mr Eafanti stated that a representative from the Transcript was not in attendance at the meeting and questioned whether or not they want our business Notice should be given to the Transcript. Motion by Mr Siler to adjourn to Executive Session under Charter Section 5 7 B (3) for two subjects the purchase of potential property and the discussion briefing on the greenbelt and come back in to City Council Session after that for adjournment; seconded by Mrs Worth, carried 7-1 with Mr Siler voting no Council reconvened after the Executive Session Motion by Mrs Dalbec for approval of Item 10 E , seconded by Mrs Worth, carried 8-0 Motion by Mr Eafanti to adjourn, seconded by Mr Mancinelli, carried 8-0 Meeting adjourned at 11 20 P m -)}, (.LLL~\ A h< Wanda Sang, City deck APPROVED BY CITY COUNCIL ON AUGUST 9, 1999 BY A VOTE OF ~ TO-2....