HomeMy WebLinkAboutCity Council Minutes 11-09-15CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
November 9, 2015
Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Jerry DiTullio Zachary Urban Kristi Davis Bud Starker
Tim Fitzgerald George Pond Tracy Langworthy Genevieve Wooden
Also present: City Clerk, Janelle Shaver; Treasurer, Larry Schulz; City Attorney, Gerald
Dahl; City Manager, Patrick Goff; Police Chief Daniel Brennan; Parks & Recreation
Director, Joyce Manwaring; Community Development Director, Ken Johnstone; Public
Works Director, Scott Brink; Administrative services Director, Heather Geyer; other staff
and interested citizens.
APPROVAL OF MINUTES OF October 12, 2015
Without objection the minutes of October 12, 2015 were approved as published.
SWEARING IN CEREMONY
Judge Randall Davis administered the Oath of Office for the newly elected officials.
City Clerk -Janelle Shaver
Treasurer-Jerry DiTullio
Councilmembers --Monica Duran, Kristi Davis, George Pond, and Larry Mathews
PROCLAMATIONS AND CEREMONIES
Recognition of outgoing Treasurer and Council Members
Mayor Jay recognized outgoing Treasurer, Larry Schulz and outgoing Councilmembers
Bud Starker, Jerry DiTullio, and Tracy Langworthy. Each received a framed photograph
of the Wheat Ridge Greenbelt as a parting gift.
CITIZENS' RIGHT TO SPEAK
Sarah Booster (Lakewood), social worker at Everitt Middle School, is planning an event
on December 10 from 4-7pm. It will be a community Resource Fair to let people know
what services they have available to them, and provide a way for more affluent families to
see where they can give back.
City Council Minutes November 9, 2015 Page 2
Guy Namiach (WR), president of the Everitt PTA, stated that sixteen agencies from
Jeffco and Denver will be represented at the Resource Fair. The fun part of the event will
be a cake auction. High school and feeder schools will be invited. More details will follow.
Margie Seyfer (WR) thanked Larry Schulz, Bud Starker and Tracy Langworthy for their
service to the City.
Kim Calomino (WR) welcomed the new councilmembers and thanked Larry Schulz, Bud
Starker and Tracy Langworthy for their service to the City.
APPROVAL OF AGENDA
Motion by Councilmember Duran to add to the agenda discussion regarding the vacancy
in District 1 [created by Jerry DiTullio's resignation to serve as treasurer]; seconded by
Councilmember Urban; carried 7-0. At Mr. Dahl suggestion it was added as agenda item
number4.
1. Consent Agenda
Councilmember Davis introduced the Consent Agenda.
a. Motion to award a contract and approve payments(s) for Herbicide
application services in non-turf areas to Vegetation Management Inc.,
Evergreen, CO., in the annual amount of $34,867 [For weed control,
February to November, in areas in parks, rights-of-way, and open space]
b. Motion to award contract and approve payment(s) for on-call storm sewer
maintenance services to Quality Pipe Services of Englewood, Colorado in an
amount not-to-exceed $40,000 [Budgeted in Public Works General Fund]
c. Motion to award a contract and approve payment for structural engineering
services for bridge rehabilitation to Est, Inc., Denver, Co, in the not-to-exceed
amount of $85,750 [For joint repair and rail updating for bridges over Clear
Creek at Marshall, 44th Ave and Youngfield]
d. Resolution No. 46-2015 -approving the purchase of two replacement police
special service vehicles, amending the Fiscal Year 2015 General Fund
Budget, and approving a Supplemental Budget Appropriation in the amount
of $95,756 [Vehicles involved in accidents, beyond repair, funding not
budgeted; supplement required]
Motion by Councilmember Davis to approve Consent Agenda Items 1a, 1b, 1c, and 1d;
seconded by Councilmember Pond; carried 7-0.
City Council Minutes November 9, 2015 Page 3
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill Council Bill 23-2015-Approving a Zone Change from Residential-
One (R-1 ) to Mixed Use-Neighborhood (MU-N) for property located at 10191 W .
38th Avenue (Case No. WZ-15-06/Buck)
Councilmember Pond introduced Council Bill 23-2015.
Rezoning is the first step for redevelopment of the site under MU-N. If approved, all
further review will be done administratively with no public hearings required .
Clerk Shaver assigned Ordinance 1586.
Mayor Jay opened the Public Hearing and swore in the speakers.
Ken Johnstone gave the staff presentation. He entered into the record the content of the
presentation, the zoning code, the City's Comprehensive Plan, and the packet material.
The property is located on 38th Avenue, west of Kipling on the north side of the street,
immediately west of the dental offices. This area is appropriate for residential, light
commercial or mixed use. Neighborhood meetings were held with no concerns raised.
All agencies can serve the property. The Planning Commission recommends approval
as the zone change responds to redevelopment in the area and it is compatible with the
surrounding area.
Council questions
Councilmember Urban inquired how the applicant letter could claim no significant
impact to traffic when the use has yet to be determined. Mr. Johnstone stated that
the property is only .4 acres so any use will not have much impact. Additionally
the purpose of the rezoning when no use is identified is to position the property for
reinvestment; the MU-N zone is attractive.
• Councilmember Mathews asked about height limits. Standard height limitations
are in place (35' for residential and 50' for commercial); no exemptions will apply.
Mayor Jay closed the Public Hearing.
Motion by Councilmember Pond to approve Council Bill No. 23-2015 -an ordinance
approving a zone change from Residential-One (R-1 ) to Mixed Use-Neighborhood (MU-
N) for property located at 10191 W. 38th Avenue (Case No. WZ-15-06/Buck) on second
reading, and that it take effect 15 days after final publication, for the following reasons:
1. City Council has conducted a proper public hearing meeting all public notice
requirements, as required by Section 26-109 of the Code of Laws.
2. The requested rezoning has been reviewed by the Planning Commission, which
has forwarded its recommendation.
3. The requested rezoning has been found to comply with the "criteria for review" in
Section 26-112-E of the Code of Laws.
seconded by Councilmember Fitz; carried 7-0.
City Council Minutes November 9, 2015 Page4
3. Council Bill 26-2015 -Amending the Wheat Ridge Code of Laws to give the
Director of Parks and Recreation the Authority to Determine when, where and
under what conditions sledding will be allowed on City Property
Councilmember Fitzgerald introduced Council Bill 26-2015.
Current City Code prohibits sledding in any City park, open space or recreational facility.
This ordinance will allow the director of the Parks and Recreation Department to permit
sledding at specific locations and under certain conditions.
Clerk Shaver assigned Ordinance 1587.
Mayor Jay opened the Public Hearing.
Jerry Dahl remarked that this removes the blanket prohibition to sledding by giving the
Parks Director authority to permit sledding at certain times and places.
There was no public testimony and no questions from the Council.
Mayor Jay closed the Public Hearing.
Motion by Councilmember Fitzgerald to approve Council Bill No. 26-2015 -an ordinance
amending the Wheat Ridge Code of Laws to give the Director of Parks and Recreation
the Authority to Determine when, where and under what conditions sledding will be
allowed on City Property, on second reading, and that it take effect fifteen days after final
publication; seconded by Councilmember Wooden; carried 7-0.
4. Discussion about the process to fill the vacancy in District 1.
Councilmember Duran introduced the item. She distributed a handout with her thoughts
about an open, transparent process to fill the vacant Council seat occasioned by Jerry
DiTullio's resignation to become Treasurer.
Jerry Dahl explained that the Charter provides that the City Council is to appoint a
replacement within 30 days of the vacancy.
Discussion followed.
Motion by Councilmember Pond to allow Bud Starker to speak; seconded by
Councilmember Fitzgerald; carried 4-3, with Mathews, Duran and Urban voting no.
Bud Starker was asked if he would be willing to serve as Council member for District 1.
He said he was.
City Council Minutes November 9, 2015 Page 5
Motion by Councilmember Pond to appoint Bud Starker to fill the vacancy for District 1;
second by Councilmember Fitzgerald;
Councilmember Urban called a point of order that the item added to the agenda was for
discussion of the process-not the appointment to fill the vacancy.
Mayor Jay ruled that the motion was appropriate.
Mr. Dahl advised that the agenda item did call for discussion of the process, but there are
a number of actions the Council could take, including the appointment of a replacement.
Discussion followed.
Councilmember Mathews raised a point of order asking if the public would be allowed to
comment; no notice had been published about doing this appointment tonight.
Mr. Dahl said that public comment, although traditionally allowed, is optional and at the
pleasure of the Council.
There was more discussion.
Motion by Councilmember Pond to lay the pending motion for appointment on the table
until November 23 to allow for public comment at the November 16 Study Session and
that in the interim eligible persons interested in serving be asked to submit expression of
interest to the City Clerk by Friday, November 13; seconded by Councilmember
Fitzgerald; carried 7-0.
ORDINANCES ON FIRST READING
5. Council Bill 28-2015-approving a zone change from Restricted Commercial (RC)
to Mixed Use-Neighborhood (MU-N) for property located at 4340 Harlan Street
(Case No. WZ-15-08/lightway)
Councilmember Urban introduced Council Bill 28-2015.
Rezoning is the first step for redevelopment of the site under MU-N. If approved, all
further review will be done administratively with no public hearings required .
Motion by Councilmember Urban to approve Council Bill 28-2015. an ordinance
approving a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood
(MU-N) for property located at 4340 Harlan Street (Case No. WZ-15-08/Lightway), on first
reading, order it published, Public Hearing set for Monday, December 14, 2015, at 7 p.m.
in City Council Chambers, and that it take effect 15 days after final publication, seconded
by Councilmember Davis; carried? -0 .
City Council Minutes November 9, 2015 Page6
6. Council Bill 29-2015-approving the rezoning of property located at 10590 West
44th Avenue from Planned Commercial Development (PCD) to Mixed Use-
Neighborhood (MU-N) (Case No. WZ-15-04/Golabek)
Councilmember Wooden introduced Council Bill 29-2015.
The applicant requests a zone change to MU-N to expand permitted uses for the site,
including residential. If the rezoning is approved all further review will be done
administratively with no public hearings required.
Motion by Councilmember Wooden to approve Council Bill 29-2015. an ordinance
approving the rezoning of property located at 10590 West 44th Avenue from Planned
Commercial Development (PCD) to Mixed Use-Neighborhood (MU-N) (Case No. WZ-15-
04/Golabek), on first reading, order it published, Public Hearing set for Monday,
December 14, 2015, at 7 p.m. in City Council Chambers, and that it take effect 15 days
after final publication, seconded by Councilmember Pond; carried 7-0.
CITY MANAGER'S MATTERS
Patrick Goff welcomed the new folks on the Council and thanked the outgoing elected
officials.
CITY ATTORNEY'S MATTERS
Mr. Dahl noted that he is asking for an executive session following adjournment of the
meeting. Councilmember Davis will make the motion.
ELECTED OFFICIALS' MATTERS
Genevieve Wooden thanked Tracy Langworthy, Bud Starker, and Larry Schulz. -She
reported that WR High School won their football game Friday night and will be advancing
to the regionals. The game is this Saturday at Jeffco Stadium. -She expressed a
desire to have arrangements made for the new Council to have a retreat.
Larry Mathews thanked the voters for putting faith in him; he's looking forward to
working with the other councilmembers.
Tim Fitzgerald thanked Larry Schulz and the outgoing councilmembers.
George Pond thanked the voters who supported him, and thanked Larry Schulz, Bud
Starker, Tracy Langworthy and Jerry DiTullio.
Monica Duran thanked the voters in District 1 and her family for being supportive; Jerry
and Julie DiTullio for their help; and all the people who helped get 300 passed.
Zach Urban thanked Janet Leo, Tom Lundy, and Bud Starker who ran but didn't win. He
knows it's tough to lose and he appreciates their willingness to be candidates. -
City Council Minutes November 9, 2015 Page 7
He restated the invitation to the public of the Dec 10 Resource Fair and Cake Auction at
Everett Middle School.-He announced that Fran's Cafe was closed for upgrades but will
be having a lasagna dinner the evening of Sunday, Nov 22 to celebrate their re-opening.
Kristi Davis thanked the outgoing elected officials and the new ones. She thanked the
voters in District 2 for their support.
Janelle Shaver publicly thanked Janice Smothers for all her work making all the many
arrangements for the transition tonight--the ceremony and reception. Her efforts are
much appreciated.
Joyce Jay welcomed the new Councilmembers and thanked the outgoing ones.
Motion by Councilmember Davis to go into executive session for a conference under
Charter section 5.7(b)(1) and Section 24-6-402(4)(b), C.R.S ., specifically for legal advice
from the City Attorney and appropriate staff concerning the legal effects of HB1348 and
Ballot Question 300 and options for City action in connection therewith, and further to
adjourn the Council meeting at the conclusion of the executive session; seconded by
Councilmember Pond; carried 7-0.
ADJOURN to Executive Session
The regular meeting was adjourned at 8:40pm.
The Executive Session commenced in the Lobby Conference Room at 8:45pm and
adjourned at 1 O:OOpm.
APPROVED BY CITY COUNCIL ON November 23, 2015
The preceding Minutes were prepared according to §4 7 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing in
the City Clerk's Office, as well as copies of Ordinances and Resolutions.