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HomeMy WebLinkAbout08/09/1999 AUQust 9.1999 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The continued Regular City Council was called to order by Mayor Cerveny at 6 00 P m Councilmembers present: Teri Dalbec Jerry DiTullio, Lloyd Donnelly Don Eafanti, Ralph Mancinelli, and Janelle Shaver Ken Siler was absent due to illness, Claudia Worth had illness in the family Also present: City Clerk, Wanda Sang, Acting City Manager, Bob Goebel, City Attorney, Gerald Dahl arrived at 6 15 pm, Director of Parks & Recreation, Gary Wardle Director of Planning, Alan White, staff; and interested citizens APPROVAL OF MINUTES OF July 26,1999 Motion by Mr Eafanti for the approval of the Minutes of July 26 1999, seconded by Mr Mancinelli, carried 6-0 This is a continued Item from July 26, 1999 Council Bill 16 - Ordinance 1164 - An Ordinance Repealing and Reenacting Chapter 3 of the Wheat Ridge Code of Laws Pertaining to the Regulation of Sexually Oriented Businesses Alan White, Planning Director, was sworn in by the Mayor' he addressed the changes that had been requested by Council and pointed out the chart and maps that depict the areas which would be commercially available after imposing the criteria of 1,000 foot separation from parks, schools daycare centers and other adult entertainment establishments and the 750 foot separation from residential zones, residentially uses A-1 and A-2 properties and churches. Jerry Dahl informed Council that the attorney for the Adult Book Store had contacted him and asked that Council grandfather in the book store so that they would not have to make any changes to their current set-up Council took no action on this request. Motion by Mr DiTullio to approve Council Bill 16 (Ordinance 1164) be adopted on second reading with the second reading amendment attached to the staff report; seconded by Mr Eafanti, carried 6-0 CITY COUNCIL MINUTES August 9,1999 7"00 p.rn Page - 2 - PROCLAMATIONS AND CEREMONIES Mayor Cerveny recognized the Wheat Ridge Carnation Festival Parade Marshals, Ron and Eugene Kiefel, Count, John Bandimere, Jr and Countess, Moe Keller CITIZENS' RIGHT TO SPEAK Bill Kemper, 7363 West 26th Place, is concerned about the proposed improvements to the highway to Guinella Pass, this will be devastating to the wildlife and the environment. He asked that the City pass a Resolution and send it Park County and Clear Creek County speaking against the proposed 4 options currently being considered, suggested the Sierra Club option He also questioned the improvements to West 26th Avenue Motion by Mr Eafanti to add an Agenda Item 11 1, request for funds for the Carnation Festival, seconded by Mr Donnelly; carried 6-0 Motion by Mrs Dalbec to an Agenda Item 11.2, regarding a request that she has received from the teens regarding the possibility of Council meeting with them before the meeting on the 16th at an earlier time, 6 or 6 30 and it may involve expenditure of money for food, seconded by Mr Donnelly' carried 6-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. 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) (Case No WS-99-01) Postpone to September 27,1999 Motion by Mrs Dalbec that Case No WS-99-01, a request for approval of a combined preliminary and final subdivision plat with a site plan for property located at 11661 West 44th Avenue and 11680 West 46th Avenue, be continued until September 27, 1999, seconded by Mrs Shaver; carried 6-0 Motion by Mrs Dalbec that Council Bill 17 be continued until September 27, 1999; seconded by Mrs Shaver' carried 6-0 CITY COUNCIL MINUTES August 9,1999 Page - 3 - ORDINANCES ON FIRST READING Item 2. Council Bill 21 - An Ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16 8(b), concerning four year term of office for the City Clerk. Council Bill 21 was introduced on first reading by Mr DiTullio, who also read the title Motion by Mr DiTullio that Council Bill 21 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 on September 7 1999; seconded by Mr Eafanti Motion by Mrs Shaver for an amendment that the Ordinance be changed to read "his/her" and "he/she" to be gender correct; seconded by Mrs Dalbec, carried 6-0 Original Motion as amended carried 5-1 with Mrs Dalbec voting no Item 3. Council Bill 22 - An Ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the city pursuant to Charter Section 16 8(b), concerning four year term of office for the City Treasurer Council Bill 22 was introduced on first reading by Mr DiTullio, who also read the title Motion by Mr DiTullio that Council Bill 22 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 on September 7, 1999, I further move that the Council Bill be modified on first reading to address gender specific language, seconded by Mr Eafanti carried 5-1 with Mrs Dalbec voting no Item 4. Council Bill 23 - An Ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the city pursuant to Charter Section 16 8(b), concerning unlimited terms of office for the City Clerk. Council Bill 23 was introduced on first reading by Mr DiTullio who also read the title Motion by Mr DiTullio that Council Bill 23 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 on September 7 1999 I further move that Council Bill 23 be amended to handle gender language seconded by Mr Eafanti, carried 5-1 with Mrs Dalbec voting no CITY COUNCIL MINUTES August 9,1999 Page - 4 - Item 5. Council Bill 24 - An Ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the city pursuant to Charter Section 16 8(b), concerning term limitations for the City Treasurer Council Bill 24 was introduced on first reading by Mr DiTullio, who also read the title Motion by Mr DiTullio that Council Bill 24 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 on September 7,1999, I further move that Council Bill 24 be amended to handle gender language, seconded by Mr Mancinelli, carried 5-1 with Mrs Dalbec voting no Item 6. Council Bill 25 - An Ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the city, concerning a prohibition upon the holding of other elected office by any elected official of the City Council Bill 25 was introduced on first reading by Mr Donnelly, who also read the title Motion by Mr Donnelly that Council Bill 25 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 on September 7, 1999, seconded by Mr Mancinelli, tied 3-3 with Councilmembers Donnelly, Mancinelli, and Eafanti voting yes Mayor broke the tie by voting yes Motion carried 4-3 Item 7. Council Bill 26 - An Ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the city pursuant to Charter Section 16 8(b), concerning Charter Section 5 7 Executive Sessions Council Bill 26 was introduced on first reading by Mr DiTullio, who also read the title Mr Dahl explained that our current Charter provisions are in conflict with State Law, particularly allowing voting in Executive Sessions There are also changes to Personnel Matters and Real Estate Acquisition or Disposal Motion by Mr DiTullio that Council Bill 26 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 on September 7,1999, seconded by Mr Mancinelli carried 6-0 CITY COUNCIL MINUTES August 9,1999 Page - 5 - Item 8. Council Bill 27 - An Ordinance revising the criteria for the local Liquor Licensing Authority set forth in Wheat Ridge Code of Laws Section 11-52 5 Council Bill 27 was introduced on first reading by Mr DiTullio, who also read the title and summary Motion by Mr DiTullio that Council Bill 27 be approved on first reading, ordered published, public hearing be set for Monday, September 13, 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 Donnelly; carried 4-2 with Mrs Dalbec and Mrs Shaver voting no Item 9. Council Bill 28 - An Ordinance amending Section 15-23 of the Wheat Ridge Code of Laws, concerning regulations applicable to the condition of stables, fertilizer, and buildings Council Bill 28 was introduced on first reading by Mr DiTullio, who also read the title and summary Motion by Mr DiTullio that Council Bill 28 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, seconded by Mr Mancinelli, carried 6-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 10. Amendment to Budget for accepted grants, encumbrance of funds and provision for deposit of funds Item 10 was introduced by Mr DiTullio, who also read the title and summary Ann Pitinga explained that this will amendment will allow the grants to be deposited in the proper accounts rather than the general fund Motion by Mr DiTullio to adopt the motions as stated in A. Pitinga's memo dated July 26, 1999, which is attached hereto and incorporated by reference, seconded by Mrs Shaver; carried 6-0 CITY COUNCIL MINUTES August 9,1999 Page - 6 - Item 11. CONSENT AGENDA. A. Authorization for Real Estate appraisal at vicinity of Public Works Shops B Purchase of kitchen equipment for new Recreation Center (RFB #99- 23) C Repair of the barn on the Recreation Center site D Award of contract for Prebles Meadows Jumping Mouse and Ute Ladies Tress Orchid Habitat survey for scheduled maintenance projects on the Greenbelt and Prospect Lake E Approval of Expenditure Items Item 11 was introduced by Mrs Dalbec, who also read the titles and asked to removed C and D Mr DiTullio asked to remove A. Motion by Mrs Dalbec to approve Band E seconded by Mr DiTullio, carried 6-0 A. Motion by Mr Mancinelli that West Terra be authorized to conduct a fee simple appraisal for the property located at 11221 West 44th Avenue, Wheat Ridge, for their bid amount of $3,500 and that all costs associated with this purchase be paid from Acct. 30-305-800-812 I further move that $3,500 be transferred from Capital Unallocated Fund Balance into Acct. No 30-305-800-812, seconded by Mr Donnelly; carried 4-2 with Mrs Dalbec and Mr DiTullio voting no C Motion by Mrs Dalbec to approve $9,752 be transferred from the Open Space Fund Balance to Acct. No 32-601-862 for replacement of the roof of the barn that is on the Recreation Center Site I further move a Change Order with Adolfson and Peterson be approved in the amount of $9,752 for a new roof to be installed on the barn, seconded by Mrs Shaver; carried 5-1 with Mr DiTullio voting no D Motion by Mrs Dalbec to postpone this until August 23 so we can have some maps brought in showing where the previous study has been done and where exactly this will be done, seconded by Mrs Shaver Motion by Mr DiTullio for an amendment to postpone this until the Parks Commission has had a chance to review this, seconded by Mrs Shaver; tied 3-3 with Councilmembers Dalbec, Shaver, and DiTullio voting yes Mayor broke the tie by voting no Motion failed 3-4 Original Motion failed 2-4 with Mrs Dalbec and Mrs Shaver voting yes Motion by Mrs Dalbec that Mr Wardle bring to Council a copy of all of the closures he has initiated at the parks within the last year and share exactly what is going on and why that has happened and whether we can approach volunteers to get the job done for the Kullerstrand trail, and further to let Council know which of these trails are ADA compliant; that this be done by the end of September; seconded by Mrs Shaver; carried 4-2 with Mr Donnelly and Mr Eafanti voting no CITY COUNCIL MINUTES August 9,1999 Page - 7 - Motion by Mr Mancinelli to award the bid for the Ute Ladies Tress Orchid Habitat survey and the Prebles Meadows Jumping Mouse Habitat study to ERO Resources Corporation in the amount of their low bid of $4,747 and that all costs be charged to the Open Space Fund, Account No 32-601-862, and to let the Parks Commission know the results of the survey; seconded by Mr Donnelly; carried 4-2 with Mrs Shaver and Mrs Dalbec voting no Item 11. 1. Motion by Mr Eafanti to give $2,500 to the Carnation Festival, this is to come out of the budgeted amount; seconded by Mrs Shaver; carried 5-1 with Mr DiTullio voting no Item 11. 2. Motion by Mrs Dalbec to meet with the teens at an informal meeting 1 hour before the study session next Monday night, at 6 00 P m and to provide pizza out of the City Council budget; seconded by Mrs Shaver; carried 6-0 Item 12. City Manager Search Update Mayor stated that 28 applications had been received so far Jerry Dahl stated that the closing day for applications is August 16 Motion by Mr DiTullio to stick to the schedule as previously approved, seconded by Mr Mancinelli, carried 6-0 Motion by Mr Donnelly that Council direct Mr Dahl to prepare guidelines for City Council to use in the Manager selection process, seconded by Mr DiTullio, carried 6-0 ACTING CITY MANAGER MATTERS Bob Goebel stated that we solicited support from the State, the Department of Transportation, for Wadsworth Corridor project, and they have supported 1 million dollars of that project; we have their support to take this project through the DRCOG TIP process, we still need to be ranked and get votes for that and see how we fall into that process They have also agreed to fund 10% of the required 20% local match, which amount to $100,000 and we would be required to fund the other $100,000, there is a line item in the Capital budget for Wadsworth, presently funded at $400 000, so we should be covered in that respect. He asked that Council set very specific policies concerning the Teen Center, the Skateboard Park, the Greenbelt, etc to ensure that things run smoothly in the City ELECTED OFFICIALS MATTERS Mayor Cerveny informed citizens that Council had funded a study regarding the flooded bicycle path under Kipling, there will be a public meeting on Wednesday, August 18 from 7 to 8 30 P m in Council Chambers The Planning Commission will hold their public hearing on the Comprehensive Plan on Thursday, August 12 at 7 30 P m in Council Chambers CITY COUNCIL MINUTES August 9,1999 Page - 8 - Wanda Sang informed Council that the Clerk's computer would be hooked up with the County to provide voter registration information prior to this election Janelle Shaver stated that the Arts Council had asked if they could put up a donation jar in the City booth at the Carnation Festival for a decorative window in the entrance of the Recreation Center Motion by Mrs Dalbec that we have City display boards for the Rec Center at the booth at the Carnation Festival and that we allow the Arts Council to put up some kind of display and donation jar; seconded by Mrs Shaver' carried 6-0 Motion by Mrs Shaver to put the Tabor ballot question (regarding the revenue that's over the Tabor limit) on the August 16 Study Session, seconded by Mr Eafanti, carried 4-2 with Mrs Dalbec and Mr DiTullio voting no Mr Mancinelli thanked everybody who helped clean up the telephone poles He reminded the public of the Jeffco Housing Single Family Rehab program, information is available at City Hall Mr DiTullio asked that Mr Goebel check on the lights at the Richter property that were supposed to be changed to flat lens lights. He also thanked the volunteers who helped clean up the telephone poles Meeting adjOurne~/at 9'46 p m ~. J A J'r, ,. 7"J ' I v..~;c,. . ~.,- .- J ...- _"-l_-,- Wanda Sang, City GletK APPROVED BY CITY COUNCIL ON AUGUST 23, 1999 BY A VOTE OF Z TO 0 ~~~