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HomeMy WebLinkAbout12/11/1995 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building December 11. 1995 The Regular City Council was called to order by Mayor Wilde at 7'00 p m Councilmembers present: Teri Dalbec, Jerry DiTullio, Jean Fields, Janelle Shaver, Ken Siler, Tony Solano, and Claudia Worth Don Eafanti was absent due to illness, he will undergo open heart surgery tomorrow morning He left votes * * At the City Council Meeting of December 18, 1995, Mrs. Dalbec moved to rescind Mr Eafanti's votes because he was not present and it is against the Charter to leave votes, seconded by Mrs. Shaver; carried 4-2 with Mr Siler and Mr DiTullio voting no. Also present: City Clerk, Wanda Sang, City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Planning, Glen Gidley; Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel; staff; and interested citizens. APPROVAL OF MINUTES of November 27,1995 November 28, 1995 Motion by Mr Siler for the approval of the Minutes of November 27, 1995, seconded by Mrs Dalbec; carried 7-0 Motion by Mr DiTullio for the approval of the Minutes of November 28, 1995, seconded by Mr Siler Mrs. Worth asked that a correction be made that the fax in Phoenix was never received Motion carried 7-0 CITIZENS' RIGHT TO SPEAK Police Chief, Jack Hurst, introduced two new police officers One of the officers was working and not present at the meeting Mayor Wilde introduced Rosie Durbin and recognized her numerous accomplishments in soccer, including NCAA Woman of the Year Tim Peterson, President of the Wheat Ridge Area Baseball Association, gave update on happenings and awards in the Baseball Association He asked the City of Wheat Ridge to help out with costs in sponsoring tournaments in July and August. CITY COUNCIL MINUTES December 11, 1995 Page -2- Bill Moore thanked the City for the holiday lights He asked that the City work to get the Post Office to issue one Zip Code for Wheat Ridge Michael Fisher thanked Police for their quick action on the arrest at 4701 Wadsworth, this was an alleged prostitution case This house had been advertised as commercial property, but is actually zoned residential He expressed concern about Arapahoe House, the Pawnshop, the deterioration of Johnson Park, speed on 44th Avenue He asked Councils' help in returning his neighborhood into a safe place to live Cheri Jahn, speaking on behalf of the Community Youth Task Force, thanked everybody for participating in the holiday parade and lighting celebration at City Hall Steven Martin also addressed the alleged prostitution at 4701 Wadsworth and other illegal activities in the area, he commended the Police for their past prompt response when he had to call them. Louise Turner read a letter into the record from Wheat Ridge United Neighborhoods, which spoke about the passing of Beverly Phillips and Phyllis Lancaster and their efforts on behalf of the City of Wheat Ridge JoAnn Fisher also spoke about the alleged prostitution at 4701 Wadsworth and thanked the police for their prompt response Mark Fisher stated that he has seen lights on at 4701 Wadsworth at 3'00 a.m. and has seen as many as 10 people in the house in the early morning hours Don Lancaster feels that any citizen should be able to obtain details on spending of City funds and not be limited to totals by departments PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 30 - An ordinance concerning Pawnbrokers, and in connection therewith, hours of operation Council Bill 30 was introduced on second reading by Mr Siler; title read by the Clerk; Ordinance No 1012 assigned Motion by Mr Siler for approval of Council Bill 30 (Ordinance 1012), seconded by Mrs Worth, carried 5-3 with Councilmembers Dalbec, Solano, and DiTullio voting no (Mr Eafanti left a yes vote) *Mr Eafanti's vote does not count. Item was brought up again under Elected Officials' Matters. Vote is now 4-3 CITY COUNCIL MINUTES December 11, 1995 Page -3- Item 2. Application by C R. Perrotti for approval of an amendment to a Planned Commercial Development final development plan to allow construction of a building at 4775 Harlan Street. (Case No WZ-95-15) Mrs. Worth introduced Case No WZ-95-15, title was read by the Clerk. Applicant Charles Perrotti was present and asked for approval of his application Motion by Mrs Worth that Case No WZ-95-15, a request for approval by C R Perrotti for approval of an amendment to a Planned Commercial Development final development plan for property located at 4775 Harlan Street be approved for the following reasons. 1 The historic use of the property has been a vehicle parking, storage and sales lot. 2 A previous administrative determination allows use of the property as a car sales lot. 3 An amendment to the existing Planned Commercial Development plan is required for erection of the building With the following conditions 1 All provisions of Section 26-22(B)(4) of the Wheat Ridge Code of Laws be met. 2 All parking for customers and vehicles "for sale" be provided on-site 3 Parking lot lighting and noise be kept to a minimum so as to not disturb surrounding residents 4 Hours of operation be limited to 8'00 a.m. through 7'00 p m 5 A six-foot-high screening fence be provided along the South with decorative wooden slats 6 The property owner submit financial guarantee in the form of monies escrowed with the City or a Letter of Credit in an amount equal to the estimated cost of installing the required fire hydrant including engineering, water line extension, tap fees, materials and construction Such escrow or Letter of Credit will be returned upon satisfactory completion If, however the owner has not satisfactorily completed installation of the required fire hydrant by June 30, 1996, the City has the absolute right to withdraw said guarantee and use said monies to install the hydrant. Any costs in excess of the monies available will be the responsibility of the owner and may be recovered by the City as allowed by law; seconded by Mr Siler Mr Siler made a friendly amendment to delete condition 6 because the property is served by a fire hydrant 400 feet way This was accepted by Motion-maker Motion without condition 6 carried 7-0 CITY COUNCIL MINUTES December 11, 1995 Page -4- DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. Resolution 1499 - making certain findings of fact regarding the proposed annexation of a parcel of land to the City of Wheat Ridge, Colorado Resolution 1499 was introduced by Mrs Dalbec, title read by the Clerk. Ron Zeft of Carmel Company explained the history of this property and their proposed project. He offered to come back with a different proposal, which would perhaps include 32 acres of Open Space and 19 acres developed He asked that Council vote for the annexation Barb Gold, speaking on behalf of other homeowners in Applewood, stated that during neighborhood meetings with Carmel Properties no compromise was reached She asked that City Council vote against the annexation Motion by Mrs. Dalbec for adoption of Resolution 1499; seconded by Mrs Shaver; carried 6- 1 with Mr Siler voting no Resolution 1500 - making certain findings of fact regarding the proposed annexation of a parcel of land to the City of Wheat Ridge, Colorado Motion by Mrs Dalbec for adoption of Resolution 1500; seconded by Mrs Shaver; carried 6- 1 with Mr Siler voting no Item 4. Discussion on flashing beacons on Pierce Street from 38th to 44th Avenues Patrick Williams, representing Sts Peter and Paul School at 3920 Pierce Street, addressed the need for the flashing beacons Motion by Mr Solano to authorize the installation and appropriation of additional funding for two solar unit flashing beacons on Pierce Street between 42nd and 38th Avenue to maintain the current school zone, as per Ordinance 656, Series of 1986, Warrant #5 and that the $6,700 come from the Capital Fund Balance and the budget be amended accordingly; seconded by Mr DiTullio, carried 8-0 (Mr Eafanti left a yes vote) *Mr Eafanti's vote does not count. Vote is now 7-0 Item 5. Greenbelt Trail Relocation, Vivian Street to Miller Street and reconstruction of Kullerstrand Stairs Motion by Mrs Worth to postpone this Item to the January 22, 1996 meeting and refer it to the City Affairs Committee to allow Mrs Shaver and Mr DiTullio to study the analysis report; seconded by Mrs Fields, carried 7-0 CITY COUNCIL MINUTES December 11, 1995 Page -5- Item 6. Consider preparation of ordinance regarding the keeping of Vietnamese/ potbellied pigs Mona Dahlstrom has received a citation for having a potbellied pig and is asking Council to write an ordinance to allow potbellied pigs in Wheat Ridge Owners should be required to have the right conditions for having a potbellied pig Motion by Mr Solano that we refer this matter to the Animal Control Commission with the recommendation that they approve the potbellied pigs under the Exotic Animal portion of the ordinance and in addition to that, that we forego any prosecution of any summons that have already been issued or those in the future, also move to direct staff to prepare on ordinance to allow potbellied pigs, seconded by Mrs. Worth City Attorney, Gerald Dahl, pointed out that the legislative body of the City has no authority to dictate to the Municipal Court how to dispose of an ongoing matter Mr Siler then suggested a friendly amendment that the Municipal Court be made aware of this action and that it take under consideration this action with regards to any legal work in this case This was accepted by motion-maker and second Motion carried 7-0 Item 7. Various amendments to City Council Rules Motion by Mrs Dalbec to change the word "supermajority" in Section 5 6 to "majority", seconded by Mrs Shaver; carried 5-2 with Mr Siler and Mr DiTullio voting no Motion by Mrs. Dalbec to change Section 5 3, fourth sentence, to read:" shall be filed with the City Clerk's office by 5'00 P m on that day in order to be included in the Council packet; seconded by Mrs Shaver; carried 6-1 with Mr Solano voting no Motion by Mrs Dalbec to adopt the Council Rules as amended this evening, with the addition to take out the word "continued" from Section 3 1, seconded by Mrs Worth, carried 7-0 Motion by Mrs Worth that we add an agenda item 14, it is a memo from the City Administrator concerning Open Space funds, seconded by Mr Solano, carried 7-0 Item 8. Resolution 1490 - amending Intergovernmental Agreement to include the addition of the City of Golden to become a member of Table Mountain Animal Center Resolution 1490 was introduced by Mrs Dalbec, who also read the title and moved for approval of Resolution 1490, seconded by Mr Solano, carried 7-0 with Mr Siler abstaining Table Mountain Animal Center is one of his clients (Mr Eafanti left a yes vote) *Mr Eafanti's vote does not count. Vote is now 6-0 CITY COUNCIL MINUTES December 11, 1995 Page -6- Item 9. Resolution 1501 - authorizing an amendment to Resolution 1477, a Resolution authorizing an Intergovernmental Agreement with the Urban Drainage and Flood Control District for permanent improvements to Lena Gulch Resolution 1501 was introduced by Mrs Dalbec, who also read the title and moved that the Mayor be authorized to sign Resolution 1501 I further move that an additional $115,000 be allocated to Lena Gulch Schedule V for a not to exceed total of $255,000 I further move that this $115,000 be transferred from the Capital Unallocated Fund Balance to the Lena Gulch Schedule V account; seconded by Mr Solano, carried 8-0 (Mr Eafanti left a yes vote) *Mr Eafanti's vote does not count. Vote is now 7-0 Item 10. Establish 1996 salary for City Administrator Motion by Mr Siler that the City Administrator's salary be increased for 1996 by 4% to reflect the cost of living, seconded by Mr DiTullio, failed 4-4 with Councilmembers Eafanti, Siler, DiTullio and Solano voting yes Mayor Wilde broke the tie by voting yes Motion carried 5-4 with Councilmembers Worth, Fields, Shaver and Dalbec voting no Mr Dahl stated it was alright for the Mayor to vote on this item, since the money was already in the budget; therefore, this is not a budget amendment or the adoption of the budget and the Mayor is allowed to vote *Mr Eafanti's vote does not count, therefore motion failed 4-4. Item 11. Resolution 1502 - levying general property taxes for the year of 1995, to help defray the costs of government for the City of Wheat Ridge, Colorado, for the 1996 budget year Resolution 1502 was introduced by Mr Siler; title read by the Clerk. Motion by Mr Siler that the City of Wheat Ridge 1995 Property Tax Mill Levy be set at 2 714 Mills, in order to balance the City of Wheat Ridge Annual Budget; seconded by Mr DiTullio, carried 7-1 with Mr Eafanti leaving a no vote *Mr Eafanti's vote does not count. Vote is now 7-0 Item 12. (G(Q)rrffiS~'J!Ju L^\(9~lf!][j;J)~i A. RFB #95-36 - purchase of Liquid Magnesium Chloride/Calcium Chloride Spray System B RFB #95-33, 95-34, 95-35 - 1995 Fleet Replacements C Copier Replacement. CITY COUNCIL MINUTES December 11, 1995 Page -7- o Resolution 1503 - authorizing the Mayor and City Clerk to sign the agreement for the Denver Urban Resources Partnership Project Grant in the amount of $10,000 to provide handicap accessibility at the Wheat Ridge Happiness Gardens E RFB #95-31 - Miscellaneous Drainage Improvement Project. F RFB #95-29 - 1992 Local Streets Improvement Project. G Resolution 1504 - approving second amendment of Intergovernmental Agreement with Jefferson County, Cities of Lakewood, Arvada, Wheat Ridge, and other municipalities relating to the creating of a Household Hazardous Waste Storage Authority H Resolution 1505 - authorizing the Mayor and City Clerk to sign the contract accepting the Youth Crime Prevention and Intervention Grant in the amount of $6,850 and to amend the revenue and expenditures in the 1996 budget by $6,850 Mr Siler asked to pull Items A. C D F Motion by Mrs. Worth to approve Items BEG H, seconded by Mrs Dalbec; carried 7-0 A. Motion by Mr Siler that the purchase of the Liquid Magnesium Chloride/Calcium Chloride Spray System (RFB #95-36), be awarded to Kois Brothers Equipment Co in the amount of their bid of $4,285 00 and that all costs be charged to Acct. No 30-303-809 I further move that the funds be encumbered for the length of time that it takes to obtain delivery of the equipment, which expressly allows the expenditure of funds in 1996 for this purchase in accordance with Ordinance #787, 1989 Series, seconded by Mrs Worth, carried 7-0 C Motion by Mr Siler that the Copier Replacement be awarded to Xerox Corporation in the amount of their annual quote of $6,800 for a period of five years and that all costs be charged to Acct. No 01-610-808 This is a lease, not a purchase I further move that the funds be encumbered for the length of time required to obtain the equipment which expressly allows the expenditure of funds in 1996 for this equipment in accordance with Ordinance #787, 1989 Series, seconded by Mrs Worth, carried 7-0 D Motion by Mr Siler for approval of Resolution 1503 to provide handicapped accessibility at Happiness Gardens, seconded by Mr Solano Mrs Worth asked for a friendly amendment that staff contact the handicapped community in this City and see if they prefer concrete or crusher fine This was accepted by motion-maker and second Motion carried 5- 2 with Mrs Shaver and Mrs Dalbec voting no CITY COUNCIL MINUTES December 11, 1995 Page -8- F Motion by Mr Siler that the 1992 Local Streets Improvement Project, (RFB #95-29) be awarded to Wycon Construction Company in the amount of their bid of $231,000 That a 2% incentive bonus in the amount of $4,620 be established That a contingency account in the amount of $52,120 be established (Note' The contingency account includes the amount to be paid to Jefferson County for the material cost of the asphaltic pavement material supplied by them) I further move that $288,000 be transferred from the Capital Improvement Fund Balance, to the Capital Improvement Fund Account 30-303-840, Local Streets. That the Director of Public Works be authorized to issue change orders up to the total contract and contingency amount and that the total cost of this project of $287,740 be charged to the Capital Improvement Fund Acct. No 30-303-840, Local Streets That the funds be encumbered for the length of the project, which expressly allows the expenditure of funds in 1996 for this project in accordance with Ordinance #787, 1989 Series, seconded by Mrs. Worth, carried 7-0 Item 13. Bill Appropriations over $1000 00 Motion by Mrs Worth that the attached purchases be approved in the amounts indicated and that all costs be charged to the accounts shown in the purchase requisition or purchase order I further move that the funds be encumbered for the length of the time required to obtain the materials and equipment indicated, which expressly allows the expenditure of funds in 1996 for these items in accordance with Ordinance #787, 1989 Series, seconded by Mr DiTullio, carried 7-0 Motion by Mrs. Worth to suspend the Rules and go past 11'00 p m and finish the Agenda in its entirety; seconded by Mrs. Fields, carried 6-1 with Mr Siler voting no Motion by Mr Solano that all purchase requisitions over $1,000 be brought to Council; seconded by Mrs. Worth, carried 6-1 with Mrs Shaver voting no Motion by Mrs. Worth to pass Resolution 1507, Resolution to amend Resolution 909 to ask the exemption whereas the legal notices are required by the City Clerk to be published in a paper of common circulation within the City of Wheat Ridge and whereas these publications must be done according to the Charter, now, therefore be it resolved that those publications be included in Resolution 909 as an exemption from the requirement; seconded by Mrs Dalbec; carried 5-2 with Mr Siler and Mr Solano voting no Mr Siler feels that every department could come up with a reason for an exemption CITY COUNCIL MINUTES December 11, 1995 Page -9- Item 14. Resolution 1508 - requesting and authorizing Jefferson County Open Space transfer $300,000 from the City of Wheat Ridge attributable share of the Jefferson County Open Space fund to the City of Wheat Ridge Open Space Account with all funds to be expended for constituted purposes which are authorized by the Jefferson County Open Space Resolution as adopted by the voters on November 7, 1972 and amended on November 4, 1980 Resolution 1508 was introduced and read in its entirety by Mrs. Worth Motion by Mrs Worth for the approval of Resolution 1508, seconded by Mr Solano, carried 7-0 CITY ADMINISTRATOR'S MATTERS Motion by Mrs Worth to put Teri Dalbec on the Countywide Transportation Committee, seconded by Mr Solano, carried 7-0 CITY ATTORNEY'S MATTERS Gerald Dahl asked that as a matter of procedure and to follow the Charter, Item 1 be officially opened for public hearing and then be closed. Mayor Wilde declared the Public Hearing on Agenda Item 1 , Council Bill 30, opened He asked if anybody was present to testify There was nobody present to testify He then declared the hearing closed Motion by Mr Solano to confirm the earlier vote on Agenda Item 1, seconded by Mrs. Worth, failed 4-4 with Councilmembers Siler, Worth, Eafanti, and Solano voting yes Mayor Wilde broke the tie by voting yes. Motion carried 5-4 with Councilmembers Fields, Dalbec, Shaver, and DiTullio voting no *Mr Eafanti's vote doesn't count, therefore Motion Failed 4-4. Mr Dahl asked that Council hold an Executive Session under Section 5 7(b)(3) of the Charter; Mrs Worth so moved; seconded by Mrs Dalbec, carried 7-0 ELECTED OFFICIALS MATTERS Jim Malone asked when the Item regarding Mr Phipps refund would be put on the Agenda. Motion by Mr Solano that this be put on the December 18 Agenda, seconded by Mr DiTullio, carried 7-0 CITY COUNCIL MINUTES December 11, 1995 Page -10- Teri Dalbec introduced a Resolution requesting that the RTD Board consider funding an increase in bus service along the Wadsworth Corridor; this will be Resolution 1506. Motion by Mrs Dalbec for the approval of Resolution 1506, seconded by Mr Solano, carried 7-0 Consensus was 7 in favor to put a discussion of sound barriers on the January 15 Study Session Ken Siler needs an alternate from the City Council for Denver Regional Council of Governments and Regional Air Quality Control Council Motion by Mrs. Worth to appoint Teri Dalbec as alternate, seconded by Mr Siler; carried 7-0 Claudia Worth moved that December 18 be a regular council meeting and also include study session items, seconded by Mr Solano, carried 7-0 She wished Mr Clark Stone a merry 98th Christmas She asked Mr Middaugh how much money was left in the Fund Balance Tony Solano asked for an update on revenues He also asked to be reappointed to the Jeffco Housing Authority Motion by Mrs Worth that Mr Solano be reappointed to the Jeffco Housing Authority; that Mrs. Shaver by appointed to the Jeffco Corrections Board, that Mrs. Worth be appointed to CML, seconded by Mr Siler; carried 7-0 Jerry DiTullio stated that the reconstruction of 32nd Avenue will probably begin in January; there will be neighborhood meetings all along 32nd Avenue so the residents will know what IS gOing on EXECUTIVE SESSION WAS HELD Meeting adjourned at 12 15 a.m. ,. i. \. ..l... i i ". I.. \, Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON JANUARY 8, 1996 BY A VOTE OF ~ TO ~ - ' Claudia Worth, Council President. 'I 1. ' i. Ii. U.!