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HomeMy WebLinkAbout01/22/1996 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building January 22. 1996 The Regular City Council was called to order by Mayor Wilde at 7 00 pm Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean Fields, Janelle Shaver, Ken Siler, Tony Solano (arrived at 7 10 p.m ) and Claudia Worth Also present: City Clerk, Wanda Sang, City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City Attorney, Gerald Dahl (arrived at 7 10 pm), Director of Parks & Recreation, Gary Wardle, Director of Planning, Glen Gidley; Chief of Police, Jack Hurst; staff; and interested citizens APPROVAL OF MINUTES of January 8, 1996 Motion by Mr Eafanti for the approval of the Minutes of January 8, 1996 with the addition of Claudia Worth comments under Elected Officials Matters, seconded by Mr Siler; carried 7-0 CITIZENS' RIGHT TO SPEAK Susan Seeds spoke against the expenditure of 1 7 million dollars for a sound barrier along 1- 70 Previous Councils were fiscally responsible and created a surplus of City money; this money can be used to create open spaces, parks, soccer and baseball fields, swimming pools and therapeutic pools for seniors and the disabled, tennis and basketball courts, etc Money should be kept in reserve to pay for building expansions and maintenance, it could also be used for road and sidewalk repairs The State of Colorado is responsible for putting up sound barriers, not the City of Wheat Ridge The State plans on putting up sound barriers in six years, if the City puts them up, we have no guarantee that the State will pay; we will lose the interest on this money She urged Council to be far sighted in their thinking. Doris Ibbison spoke about the Edison Project; this would turn schools over to a private corporation She urged everybody to keep their eyes and ears open and find out a lot more about this Mr DiTullio asked for consensus to discuss this at the second study session in February; consensus was 6 in favor CITY COUNCIL MINUTES January 22, 1996 Page -2- Nancy Snow read a letter from Wheat Ridge United Neighborhoods into the record, which addressed Senate Bill 69 This letter is addressed to the Colorado State Legislature, Sixtieth General Assembly, Local Government Committee WRUN considers SB 69 to be another effort by certain state legislators to usurp the power of local government entities to provide land-use and zoning regulation, and the right of local residents to control the impact of land use on their communities They feel SB 69 is superfluous, unnecessary and frivolous and request that it be postponed indefinitely by the committee Mrs Snow asked that people call their legislators and urge them to vote against this bill She also addressed the manner in which the City Administrator's raise was being brought back to Council tonight. The raise had originally been for 4%, when that failed, it was brought back as 3 9%. She warned Council that this will set a precedent and things will never come to a conclusion because they will be brought back over and over again with a slight variation Motion by Mrs Fields that Mr Dahl prepare a Resolution in support of the CML position against Senate Bill 69, seconded by Mr Solano, carried 8-0 Cheri Jahn questioned if proper procedures were followed for a hastily called meeting of City Council billed as Council Work Session for budget review; the meeting was called for Sunday, January 21, 1996 at 1 30 p.m at the Quality Inn at 44th & Tabor She does not feel proper procedures were followed, the Charter was violated, why was this meeting called out of the clear blue like it was an emergency? Motion by Mrs Worth that Mr Dahl draft a new Council Rule addressing these types of meetings, seconded by Mr DiTullio, carried 8-0 Kim Stewart, Tex Junker, Mary Lou Faddick, Tawny Lee, Rita Bader, Ann Keller, spoke in support of the 1-70 sound barrier Their concerns included noise and air pollution Karen Thiessen commended Tony Solano, Janelle Shaver, and Teri Dalbec for trying to do the right thing and work together; she is proud of them for cancelling the meeting when they found out it was not proper and keep up the good work. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 31 - An ordinance providing for the approval of rezoning from Residential-Two and Residential-Three to Residential-Three with conditions on land located at 6650 West 33rd Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-95-16) (Troy Tomsick and Christine Fontane) Council Bill 31 was introduced by Mr DiTullio, title read by the Clerk; Ordinance No 1012 assigned CITY COUNCIL MINUTES January 22, 1996 Page -3- Applicant, Christine Fontane, was sworn in by the Mayor and presented her case Glen Gidley was sworn in by the Mayor and presented the staff report. Motion by Mr DiTullio that Council Bill 31 (Ordinance 1012), a request for approval of a rezoning from R-2 and R-3 to R-3 for property located at 6650 West 33rd Avenue, be approved for the following reasons 1 The property has historically been used as multi- family 2 It will eliminate a nonconforming use situation. With the following condition 1 The number of dwelling units on the property be limited to 14, seconded by Mr Solano, carried 8-0 ORDINANCES ON FIRST READING Item 2. Council Bill 4 - An ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado regarding interference with public officers Council Bill 4 was introduced on first reading by Mr Solano, title read by the Mayor Motion by Mr Solano that Council Bill 4 be approved on first reading, ordered published, public hearing be set for Monday, February 26, 1996 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 Mrs Fields, carried 7-1 with Mrs Dalbec voting no Item 3. Council Bill 5 - An ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado regarding resisting arrest. Council Bill 5 was introduced on first reading by Mr DiTullio, title read by the Clerk. Motion by Mr DiTullio that Council Bill 5 be approved on first reading, ordered published, public hearing be set for Monday, February 26, 1996 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 Mrs. Worth, carried 8-0 Item 4. Council Bill 6 - An ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado regarding massage parlors Council Bill 6 was introduced on first reading by Mrs Worth, who also read the title CITY COUNCIL MINUTES January 22, 1996 Page -4- Motion by Mrs Worth that Council Bill 6 be approved on first reading, ordered published, public hearing be set for Monday, February 26, 1996 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 Solano Mr Eafanti asked for a friendly amendment that the effective date be changed from 15 days to immediately This was accepted by motion-maker and second. Motion carried 8-0 Item 5. Council Bill 7 - An ordinance amending Section 26-30(S) of the City of Wheat Ridge Code of Laws concerning exterior lighting standards Council Bill 7 was introduced on first reading by Mrs Fields, title read by the Clerk. Motion by Mrs Fields that Council Bill 7 be approved on first reading, ordered published, public hearing be set for Monday, February 12, 1996 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 DiTullio, carried 8-0 Item 6. Council Bill 8 - An ordinance amending Chapter 13 of the Code of Laws pertaining to parking on city-owned property Council Bill 8 was introduced on first reading by Mrs. Worth, title read by the Clerk. Motion by Mrs Worth that Council Bill 8 be approved on first reading, ordered published, public hearing be set for Monday, February 26, 1996 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 Siler; carried 6-2 with Mrs Dalbec and Mrs Shaver voting no Item 7. Council Bill 9 - An ordinance providing for the permitting and regulation of bus stop shelters and advertising signage thereon Council Bill 9 was introduced on first reading by Mr Solano, who also read the title Motion by Mr Solano that Council Bill 9 be approved on first reading, ordered published, public hearing be set for Monday, February 12, 1996 at 700 p.m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, with the proviso that the R-3 designation be changed not to allow bus shelters by single family residences in the R-3 zone, seconded by Mrs Worth, carried 8-0 CITY COUNCIL MINUTES January 22, 1996 Page -5- DECISIONS. RESOLUTIONS. AND MOTIONS Item 8. 1996 Community Development Block Grant Program Applications. Mr Middaugh presented the staff report. Kathy Hartman, Jeffco Self Sufficiency Council, 8790 Colfax Ave, Lakewood, gave update on their program and stated that 82% of the Wheat Ridge residents that had been in their program, had been successful Motion by Mr Solano to approve applications received modifying the Senior Resource Center Project #2 request to balance funds after the other projects funded as requested; seconded by Mr DiTullio, carried 8-0 Item 9. Resolution 1512 - recommending and supporting legislation to rectify emission testing procedures Resolution 1512 was introduced by Mr DiTullio, Resolution read in its entirety by the Clerk. Chris Ertler, Arthur Apple, Doug Longo spoke in support of the Resolution. Motion by Mr DiTullio for approval of Resolution 1512, seconded by Mrs Fields, carried 5-2 with Mr Siler and Mrs Dalbec voting no, Mr Solano abstaining Mr Siler voted no because he feels all sides should be heard before a decision is made Mrs Dalbec voted no because she would like to read Mr Pascal's bill before endorsing this Resolution Mr Solano abstained because he built several of the Envirotest stations and is stilled owed money Item 10. Loan to EDARC Motion by Mr Siler that a $40,000 interest free, short term loan be provided to EDARC to help address cash flow issues, said loan to be rapid no later than December 31, 1996, and with funds to be taken from the General Fund balance, seconded by Mr Solano, carried 8-0 Item 11. Conservation Trust Fund Budget Amendment. Motion by Mr Siler that the revised 1996 Conservation Trust Fund budget be approved, seconded by Mr Solano, carried 8-0 Item 12. Prospect park Expansion & Johnson Park Improvement Project (RFB #96-01) Motion by Mr Siler that the Prospect Park Expansion and Johnson Park Improvements Project, (RFB #96-01) be awarded to Randall & Blake Inc , in the amount of their revised bid of $425,700 CITY COUNCIL MINUTES January 22, 1996 Page -6- I further move that a contingency account in the amount of $23,129 00 be established That payment to Public Service for undergrounding for the project be approved in the amount of $17,26400 That $50,643.50 be transferred from the Open Space Fund Balance (fund 32), to the Open Space Fund Account 32-601-862 That the Director of Parks and Recreation be authorized to issue change orders up to the total contract and contingency amount and that the total cost of this project of $466,093 00 be charged to the following accounts Open Space Fund, Acct. No 32-601-862 - $433,693 00 Parks Acquisition Fund Acct. No 11-603- 862 - $10,00000 Conservation Trust Fund Acct. No 54-601-862 - $22,400 00 I further move that the funds be encumbered for the length of the Project in accordance with Ordinance #787, 1989 Series, seconded by Mr Solano, carried 8-0 Item 13. Council Rule Change Motion by Mrs Fields that Section 6.2 of the City Council Rules be amended by deleting language permitting both absentee and electronic voting as follows 1 A Councilmember who is present for an actual public hearing may vote by a sealed absentee vote left with the City Clerk or Mayor, however such absentee voting shall be allowed only if no further or additional information is received from the City staff, applicants to the case or the public Discussion of the case by Councilmembers shall not prevent such absentee voting 2. A Councilmember who is not physically present in the Council Chambers may vote on an agenda item if, through electronic means, they can hear the public proceedings concerning that item and be heard in the Council Chambers In the event of an emergency or unavoidable physical absence the City shall pay for electronic means to effectuate the participation of the physically absent Councilmember; seconded by Mr DiTullio, carried 7-1 with Mr Solano voting no Item 14. Clearing Title to City Property at 7190 West 38th Avenue Motion by Mrs Worth that the City of Wheat Ridge approve payment in the amount of $5,48294 to the record title owners of property at 7190 W 38th Avenue to obtain clear title to the property as conveyed to the City and recorded at Reception Nos 90052369 and 90052370, and that the City Council hereby accept delivery of a Warranty Deed and Easement, or other appropriate instrument of title, conveying the same to the City; seconded by Mr Solano, carried 8-0 Item 15. Consider salary adjustment for City Administrator Motion by Mr Solano that the City Administrator's salary be increased by 3 99% with an effective date of January 1, 1996, seconded by Mr Siler; carried 5-3 with Councilmembers Dalbec, Fields, and Shaver voting no CITY COUNCIL MINUTES January 22, 1996 Page -7- Item 16. 1996 Budget Amendment for Economic Incentive Payment. No Council action on this item is required Motion by Mr Eafanti to go past 11 00 p.m and finish the Agenda, seconded by Mr Solano, carried 8-0 Item 17. Approval of Expenditure Items Motion by Mrs. Worth that the attached purchases be approved in the amounts indicated and that all costs be charged to the account shown on the purchase order report; seconded by Mr Solano, carried 8-0 Item 18. Ig@~~lNJu U:1@~INJ])ti:I~ A. Computer Purchase (RFB #96-08) B Survey Equipment Purchase (RFB #96-07) C Timber Rail Fence & Installation Project (RFB #96-06) D Laboratory Casework & Accessories for the Crime Lab (RFB #96-05) E Metal Shelving for the Evidence Room (RFB #96-04) Motion by Mrs. Worth for the adoption of the Consent Agenda Items A through E, seconded by Mr Siler; carried 8-0 CITY ADMINISTRATOR'S MATTERS Motion by Mrs. Worth that the City Administrator set up a table for the requested outside contributions and bring it back for the second meeting in February; seconded by Mr Siler; carried 8-0 Motion by Mr Solano to hold a Study Session on January 29, 1996 to discuss procedures for Council Fax Machines and various Planning Items, that we hold a Special Study Session on January 31, 1996 to discuss the budget; seconded by Mrs Dalbec; carried 8-0 Item 19. Motion that the City Attorney be authorized to draft an ordinance providing for alternate members for the Planning Commission and Board of Adjustment pursuant to their request. Motion by Mrs Dalbec that this be discussed by the City Affairs Committee and brought back to Council at a later date She further moved that the City Clerk send letters to Board and Commission members to see if they want to be reappointed; seconded by Mrs Fields, carried 8-0 CITY COUNCIL MINUTES January 22, 1996 Page -8- CITY ATTORNEY'S MATTERS Mr Dahl gave update on Potbellied Pigs Ordinance, this will be discussed a second time by the Animal Control Commission on March 19, 1996 After this an Ordinance will come to City Council ELECTED OFFICIALS MATTERS Wanda Sang explained that the reason she said it was okay to hold that meeting on Sunday, January 21, 1996, was that it was misrepresented to her Teri Dalbec asked that City Affairs Committee meet on Wednesday, February 7, 1996 at 7'00 p.m Mr Solano agreed. She asked that sound barriers be built as soon as possible Ken Siler gave Metro Vision 2020 update and distributed copies Encouraged the City to send speakers to DRCOG meetings to help with the sound barriers, etc He will let Council know when public input is taken. Jean Fields asked that an Item be put on the next Council Agenda to name the Owens Street Park "Louise Turner Park" Claudia Worth moved to appoint Jerry DiTullio to serve on the Police Seizure Committee, seconded by Mr Siler; carried 7-0 with Mr DiTullio abstaining. She asked that the City Affairs Committee study the sign code to help businesses along the 1-70 corridor She wants people to be aware that just because somebody wins a lawsuit, they still have to pay their attorney fees and that can be a real hardship for people She named Karen Thiessen as an example Tony Solano asked if something can be done about the transients and graffiti in the area of 39th and Ames by King Soopers The street sign is knocked down on that corner There are also signs knocked down between Otis & Jay on 45th Avenue He advised Council that he will attend the NLC convention in March. Janelle Shaver had a briefing last Friday with two people from the Corrections Board; she will assume her duties this Thursday CML workshop on Saturday was great; everything talked about was useful CITY COUNCIL MINUTES January 22, 1996 Page -9- Jerry DiTullio stated there is a 32nd Avenue neighborhood meeting on January 24, 1996 at 7'00 p m. at City Hall Public Works Advisory Committee meeting on January 25, 1996 at 7'00 p m at City Hall. He asked that a Resolution be added to the next Agenda that the new police building be named the James 0 Malone Municipal Police Building Motion by Mr Solano to adjourn, seconded by Mr Siler; carried 8-0 Meeting adjourned at 11 54 P m I I , I, ;,1./( d'Jli..~ ./'x . '-"1--... Wanda Sang, City ClerK APPROVED BY CITY COUNCIL ON FEBRUARY 12,1996 BY A VOTE OF ~ TO ~