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HomeMy WebLinkAbout09/13/1999 September 13. 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, Don Eafanti, Ralph Mancinelli, Janelle Shaver, Ken Siler, Claudia Worth and Lloyd Donnelly Also present: Deputy City Clerk, Christa Jones, Acting City Manager, Bob Goebel, City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Planning, Alan White, Chief of Police, Jack Hurst; staff; and interested citizens APPROVAL OF MINUTES OF August 23,1999 Mr DiTullio asked the attorney if he should abstain from voting on these Minutes, since he had been present only during the August 23 portion of the meeting and absent during the August 26 portion Mr Dahl gave his opinion that Mr DiTullio should abstain from voting Motion by Mr Siler that Mr DiTullio be allowed to abstain from voting on the Minutes, seconded by Mr Eafanti, carried 8-0 Motion by Mr DiTullio for the approval of the Minutes of August 23, 1999, seconded by Mr Mancinelli, carried 7-0 with Mr DiTullio abstaining PROCLAMATIONS AND CEREMONIES Mayor Cerveny recognized members of Leadership Jefferson County in the audience They are here tonight to observe the City Council meeting in preparation for their class on City government day on October 8 Wheat Ridge will host the breakfast for the class She read Proclamation for National Civility Week: September 19 - 25,1999 CITIZENS' RIGHT TO SPEAK Erna Mcintyre, 4080 Reed Street, crossing guard at Stevens Elementary School, asked Council's and Police help with parents not obeying traffic signs calling their kids across the street away from the crossing guard people running stop signs CITY COUNCIL MINUTES September 13,1999 Page - 2 - Mrs Worth asked Chief Hurst to send a memo to school outlining the rules pertaining to this matter and ask the school to send copies home to the parents Rae Jean Behm thanked everybody who had worked on the Carnation Festival, the City, the Parks and Recreation Department, the Public Service Department, the Police Department, and the committee members who have worked for many years to put this together, Dan Wilde, Don Eafanti, Viola Harris Charlotte Talbot, Mike Stutsman, Mike Berin, Moe Keller Motion by Mrs Dalbec to add the term "and relocation" to the interior of the packet of Agenda Item 3 to match the title, seconded by Mrs Worth tied 4-4, Mayor broke the tie by voting yes, motion carried 5-4 with Councilmembers Siler, Mancinelli, Eafanti, and DiTullio voting no PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. 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 second reading by Mr DiTullio who also read the title and summary Ordinance No 1172 was assigned by the Clerk. Mr Dahl explained the changes in this Ordinance, which strikes the words "in the State of Colorado" from paragraph (f) and adds "in any such business in the City of Wheat Ridge" to the end of paragraph (f) Motion by Mr DiTullio for approval of Council Bill 27, seconded by Mr Donnelly Motion by Mrs Worth for an amendment to change the wording to read which is issued a license in the metropolitan area as defined by the Regional Transportation District. , seconded by Mrs Shaver Motion by Mrs Worth to amend her amendment to have the wording at the end of the paragraph to read such an interest or employment in the metropolitan area as defined by the Regional Transportation District; seconded by Mrs Dalbec, failed 5-3 with Councilmembers Shaver, Worth, and Dalbec voting yes Mrs Worth amendment failed 8-0 Motion by Mrs Shaver for an amendment to add to the end of the paragraph "or adjacent municipalities"; seconded by Mrs Worth tied 4-4, Mayor broke the tie by voting no, failed 5-4 Original Motion carried 5-3 with Councilmembers Dalbec, Worth, and Shaver voting no CITY COUNCIL MINUTES September 13,1999 Page - 3 - ORDINANCES ON FIRST READING Item 2. Council Bill 29 - An Ordinance regarding required vaccinations for dogs and cats Council Bill 29 was introduced by Mr DiTullio, who also read the title and summary Mr DiTullio explained his reasons for bringing in this ordinance and asked that the Clerk read a memorandum from the City Attorney dated July 9, 1999, which reads The ordinance amends two sections of the Wheat Ridge Code of laws regarding vaccination of dogs and cats. The Colorado legislature recently passed legislation applicable to dogs (not cats) which mandates that no municipality may require more frequent rabies vaccinations than in the schedule published in the Compendium of animal Rabies Control The modifications to the Code make it consistent with the State statute The Code's requirements of annual rabies vaccinations and new resident vaccination tag and registration requirements remain unchanged; the revised Code merely provides that either the schedules followed by the Code or those set forth in the Compendium of animal Rabies Control must be adhered to In this manner, pet owner may meet the Code requirements using either standard, and the City's requirements may remain consistent with both veterinarian-sanctioned standards and state requirements. Motion by Mr DiTullio that Council Bill 29 be adopted on first reading, ordered published, public hearing to be set for Monday, September 27, 1999, at 700 pm, in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mrs Dalbec, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. Skate Park Fencing and Relocation Item 3 was introduced by Mrs Dalbec Motion by Mrs Dalbec to move the skateboard park to the east of the driveway with a permanent chain link fence around it, to be closed at dusk, and that it would be installed within 6 months, seconded by Mrs Worth Clyde Cotton, 4395 Everett Street, asked that the skateboard park be moved Rocco Gioso, 4380 Everett Street, is upset that no action has been taken, feels Council is not listening to citizens, invited they come and sit on their porches and listen to the noise Please help us! Get the bids and move it. CITY COUNCIL MINUTES September 13,1999 Page - 4 - Motion tied 4-4, Mayor broke the tie by voting no motion failed 5-4 Motion by Mr Donnelly that staff contact the sound engineer to obtain information on what would be needed in the way of a combination of sinking the skateboard park a berm and a sound wall to effectively reduce the noise if the skateboard park was moved just east of the driveway at Anderson Park; staff will report this information back to Council, seconded by Mr Siler Motion by Mr Siler to amend Mr Donnelly's motion that staff bring this information to the Study Session of October 18, seconded by Mrs Dalbec, carried 7-1 with Mr DiTullio voting no Motion as amended failed 5-3 with Councilmembers Siler, Worth, and Donnelly voting yes Motion by Mr DiTullio that the skateboard park be moved behind the 7-11 with a chain link fence around it to be closed at dusk, seconded by Mr Mancinelli Motion by Mr Eafanti to amend Mr DiTullio's motion that this be finished within six months, seconded by Mrs Dalbec, carried 8-0 Motion tied 4-4, Mayor broke the tie by voting no, failed 5-4 Motion by Mrs Shaver to reconsider the vote of moving the skateboard park to the east of the driveway; seconded by Mrs Worth, failed 5-3 with Councilmembers Dalbec, Worth, and Shaver voting yes Motion by Mrs Dalbec to reconsider the motion to put the skateboard park behind the 7-11, seconded by Mr DiTullio, carried 6-2 with Mr Siler and Mr Donnelly voting no Motion by Mrs Dalbec to move the skateboard park behind the 7-11 with a permanent chain link fence around it, to be closed at dusk, it be moved within 6 months, with the following amendment that it be as close to the Anderson Building as possible, as far as possible to the southwest corner of the Copa property; seconded by Mrs Shaver; tied 4-4, Mayor broke the tie by voting no, failed 5-4 Motion by Mrs Worth to amend to remove the fence and closure at dusk, seconded by Mrs Shaver; carried 5-3 with Councilmembers Eafanti, Mancinelli and Dalbec voting no CITY COUNCIL MINUTES September 13,1999 Page - 5 - Motion to move the skateboard park behind the 7-11 and be completed within six month carried 6-2 with Mr Siler and Mrs Shaver voting no Motion by Mrs Dalbec to get a bid for a temporary fence or any other method of being able to close the skateboard park at dusk, to be installed around the current skateboard park; seconded by Mrs Worth carried 5-3 with Councilmembers Eafanti Mancinelli, and Shaver voting no Motion by Mr Siler that $2,000 be transferred from the General fund Balance to Acct. No 01- 603-812 for the construction of a 4' sidewalk from the parking lot to the skate park; seconded by Mr Mancinelli failed 5-3 with Councilmembers Eafanti, Siler, and Mancinelli voting yes Item 4. Additional Police Department Position Training Coordinator Item 4 was introduced by Mr Donnelly, who also read the title and summary Motion by Mr Donnelly to authorize an increase in the 1999 Police Department staffing level from 96 Y2 positions to 97 Y2 positions with the creation of the non-sworn position Training Coordinator I further move that the costs associated with the creation of this position in the remaining weeks of 1999 be taken from existing police department salary savings from the 1999 Police Budget; seconded by Mr Eafanti; carried 7-1 with Mr DiTullio voting no Item 5. Resolution 54 - A Resolution of the City Council of the City of Wheat Ridge, Colorado, regarding the year 2000 Census Item 5 was introduced by Mrs Dalbec, who also read the title and summary Motion by Mrs. Dalbec to adopt Resolution 54 regarding the Year 2000 Census, seconded by Mr DiTullio, carried 8-0 Item 6. Consent Aaenda. A. Recreation Center Soccer Field Construction Contract Award B Resolution 56 - A Resolution amending the 1999 Budget and creating the Wheat Ridge Recreation Center Operating Fund (Fund 64) C Computer equipment for the new Recreation Center D Approval of Expenditure Items Item 6 was introduced by Mrs Worth, who also read the titles Motion by Mrs Worth for approval of the Consent Agenda as printed seconded by Mr Mancinelli, carried 8-0 CITY COUNCIL MINUTES September 13,1999 Page - 6 - Item 7. City Manager Search Update Developing the Selection Process Mr Dahl handed out several memos that gave update on process and schedule for interviews He also asked for a brief executive session after elected officials matters and to adjourn thereafter; he wants to update Council on 2 litigation matters under Section 5 7(b)(1) of the Charter Mrs Shaver so moved, seconded by Mrs Worth, carried 6-2 with Mr Siler and Mr DiTullio voting no CITY MANAGER'S MATTERS Mr Goebel reminded everybody of the Kurt Manwaring Field dedication this Friday ELECTED OFFICIALS MATTERS Mayor Cerveny congratulated Mr Siler for receiving an award for his many years of service on the Regional Air Quality Control Council She reported on a meeting she attended given by Congressman Udall on high tech jobs She gave a hand-out on the North-West Quadrant Study Leadership Jefferson County is having an all-day class on October 8 and Wheat Ridge is hosting the breakfast; she invited Councilmembers to participate Ralph Mancinelli thanked citizens for attending the first Monday meeting, asked for consensus to have Mr Wardle bring back a bid on repairing lights and electrical at the Town Center Park; this be brought back in 30 days, also asked to have the trees and bushes trimmed, this money should come out of the EDARC account; 8 in favor Lloyd Donnelly thanked Bill Powell for the Tabor presentation at their last neig hborhood meeting Jerry DiTullio thanked both Bill Powell and Ron Patera for their great presentation on Tabor; power poles on south side of 32nd Avenue are finally coming down Teri Dalbec asked that Day Care Ordinance be put on an Agenda soon, notified citizens of the upcoming United Neighborhoods Forum on September 30 at 7 00 pm, asked that ballot titles be put on the TV scroll and posted on the web site consensus was 8 in favor; she has received complaints concerning the yearly Rec Center membership fee for families