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HomeMy WebLinkAbout02/26/1996 CITY COUNCIL l-NUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building February 26. 1996 The Regular City Council was called to order by Mayor Wilde at 7 00 P m Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean Fields, Janelle Shaver, Ken Siler, Tony Solano, and Claudia Worth 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 February 12, 1996 Motion by Mr Eafanti for the approval of the Minutes of February 12, 1996, seconded by Mrs Fields, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Wilde recognized Rosa Palizzi, who on February 19, was 101 years old He extended warm greetings for tonight and belatedly for her birthday Mayor Wilde administered the Oath of Office for Don Lancaster, who was appointed to the Personnel Commission Mayor Wilde also welcomed Lisa Rosson, who was sworn in earlier this week as Parks and Recreation Commissioner CITIZENS' RIGHTS TO SPEAK Larry Merkl does not appreciate the critical comments that were made about the speakers last week after they sat down Mr Merkl has a problem with the way this Council is wasting money on different projects Claudia Callas read the aims and purposes of the Wheat Ridge Historical Society into the record Motion by Mr DiTullio to reconsider the funding of the Wheat Ridge Baseball Little League Tournament; seconded by Mr Siler; carried 6-1 with Mrs Fields voting No, Mr Solano abstaining Motion by Mr DiTullio to make this reconsideration a new Agenda Item 1, seconded by Mr Eafanti, carried 7-1 with Mrs Fields voting no CITY COUNCIL MImT~~S February 26, 1996 Page -2- Item 1. Reconsideration of funding for Wheat Ridge Baseball Little League Tournament. Motion by Mr DiTullio that an additional $5,000 be appropriated from the General Fund Balance and transferred to Account No 606-799 to support the WRABA Roberto Clemente World Series Tournaments I further move that in-kind support be provided for this program by the City in an amount not to exceed $3,000, seconded by Mr Siler; carried 6-2 with Mrs Fields and Mr Solano voting no Mrs Fields stated that we support and subsidize baseball, softball, and soccer leagues, some football, some basketball, gymnastics and swimming, that is a lot of money and $12,000-13,000 on top of that is going too far; $5,000 was enough Mr Solano has no objection to some funding for this, but he doesn't like the amount we are funding PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. A request for approval of a PCD final development plan and plat for property located at 4010 Wadsworth Blvd. (Case No WZ-96-2) (Terry Kunz) Terry Kunz, representing the owners of the property, was sworn in by the Mayor He explained that they are planning to build a single user, owner occupied, approximately 8100 square foot, one-story office building. Glen Gidley was sworn in by the Mayor and gave the staff report. Motion by Mr Siler that Case No WZ-96-2, a request for approval of a PCD final development plan and plat for property located at 4010 Wadsworth Blvd, be approved for the following reasons 1 The proposal is consistent with the Town Center Master Plan Design Guidelines 2 All requirements for a final development plan and plat have been met. 3 Planning Commission recommends approval 4 The area designated as natural habitat/native grasses be maintained in good order and that no area be left for possible use for illegal activities/sites for homeless, seconded by Mr DiTullio, carried 8-0 Item 3. 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 second reading by Mr Solano, who also read the title Clerk assigned Ordinance No 1017 Motion by Mr Solano for the approval of Council Bill 4 (Ordinance 1017), seconded by Mr DiTullio, carried 7-1 with Mrs Dalbec voting no Motion by Mrs Worth to add an Agenda Item 18 regarding the funding for the Post Office, seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINP"''li.:S February 26, 1996 Page -3- Item 4. 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 by Mr DiTullio and second reading, title read by the Clerk; Ordinance No 1018 assigned Motion by Mr DiTullio for the approval of Council Bill 5 (Ordinance 1018), seconded by Mrs Fields, carried 8-0 Item 5. Council Bill 6 - An Ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado regarding massage parlors. Motion by Mr Solano to table this item until the Ordinance can be re-written He further moved that Dennis Simpson, President of the Coalition of Massage Therapists, be consulted when the Ordinance is re-written, seconded by Mr Siler; carried 8-0 Motion by Mrs Dalbec to reconsider the busstop shelter ordinance and bring it back with adjustments to the language, seconded by Mr Siler; carried 7-0 with Mr Solano abstaining Motion by Mrs. Worth to reschedule this ordinance for hearing in 2 weeks, seconded by Mrs Shaver; 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 second reading by Mrs. Worth, title read by the Clerk; Ordinance No 1019 assigned Motion by Mrs. Worth for the approval of council Bill 8 (Ordinance 1019), seconded by Mr DiTullio, carried 8-0 Item 7. Council Bill 2 - An Ordinance concerning notification of a disturbance in a licensed premise (Postponed from February 12, 1996) Council Bill 2 was introduced on second reading by Mr Siler; title read by the Clerk; Ordinance No 1020 assigned Motion by Mr Siler for approval of Council Bill 2 (Ordinance 1020) as amended to provide for clarifying language in Section 1, to define disturbances and to clarify that premise means only in the licensed establishment; seconded by Mr Solano, carried 8-0 CITY COUNCIL MINTT'Tlli:S February 26, 1996 Page -4- ORDINANCES ON FIRST READING Item 8. Council Bill 12 - An Ordinance repealing Article I of Chapter 26, Section 26-30 (R) and re-enacting Article I of Chapter 26, Section 26-30 (R), of the Code Of Laws of the City of Wheat Ridge, Colorado, concerning provisions for Trash Storage Screening Council Bill 12 was introduced on first reading by Mr Solano, title read by the Clerk. Motion by Mr Solano that Council Bill 12 be approved on first reading, ordered published, public hearing be set for Monday, March 25, 1995 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 Eafanti, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 9. Motion to set a Public Hearing date for 41 st Avenue from Wadsworth to Dover construction Motion by Mr Solano that West 41 st Avenue be constructed to adopt a Local Street Standard width of 34 feet from flowline to flowline with attached four foot wide sidewalks on both sides of the street from Wadsworth Blvd to Carr St. From Carr Street to Cody Street, the curb, gutter and walk shall be constructed on the south side only and in alignment with that east of Carr St. Mr Solano further moved that for notification requirements of Charter Section 5.20 Street Width Designation, the limits of reconstruction of 41 st Avenue shall be from Wadsworth to Carr St. A Public Hearing shall be held March 25, 1996 at 7 00 pm at the regular City Council Meeting to officially adopt this recommendation. Notice of this Public Hearing shall meet the requirements of Charter Section 5.20, Mr Siler moved to adopt an additional amendment to extend to Dover St. if the south side property owners between Cody and Dover agree, carried 7-1 with Mrs Dalbec voting no Item 10. Motion to move the Greenbelt Trail Relocation from Vivian St. to Miller St. and Reconstruction of Kullerstrand Stairs Item 10 was introduced by Mr Solano and read in its entirety by City Clerk, Wanda Sang Motion by Mr Solano that the Greenbelt Trail Relocation from Vivian St. to Miller St. design project be awarded to MDG, Inc. in the amount of their proposed fee of $44,995, and that $5,545 be transferred from the Conservation Trust Fund balance to account 54-601-862 and the budget be amended accordingly; seconded by Mrs Fields. Mr DiTullio asked for a friendly amendment to make an 8' asphalt path This was not accepted by motion-maker CITY COUNCIL MImT~~S February 26, 1996 Page -5- Mr Solano withdrew his motion and asked that this Item be postponed so we can have a discussion on it and look at the full greenbelt trail Motion by Mr Solano to put MDG, Inc. on retainer and have a discussion on the surface and width of the whole greenbelt trail and use that as our standard, seconded by Mr Siler; failed 4-4 with Councilmembers Eafanti, Siler, Solano, and DiTullio voting yes. Mayor Wilde broke the tie by voting yes. Motion carried 5-4 Motion by Mrs Worth that at the Kullerstrand stairs a gate be installed at the top that can be closed during nesting season, seconded by Mrs. Shaver; carried 8-0 Motion by Mrs Worth to go with wood construction for the bridges, seconded by Mrs Shaver; failed 4-4 with Councilmembers Eafanti, Worth, Shaver, and Fields voting yes. Mayor Wilde broke the tie by voting no Motion failed 5-4 Motion by Mr Solano that we study the bridge standards at the Study Session, seconded by Mr DiTullio, carried 8-0 Item 11. Motion to amend Personnel Policy Section 6 (A) titled "Alcohol and controlled substances testing" Motion by Mr Siler that the section 6 (A) titled "Alcohol and controlled substances testing" be approved as an amendment to the City's Personnel Policy; seconded by Mrs Fields, carried 8-0 Item 12. Motion to approve the Mayor's reappointments to the Richards-Hart Estate Advisory Committee Motion by Mrs Fields to approve the reappointments of Ruth Richardson and Ellie Ulmer to the Richards-Hart Estate Advisory Committee for three year terms respectively; seconded by Mr DiTullio, carried 8-0 Item 13. Motion that the Parks and Recreation Commission be directed to initiate the park naming procedure for "Owens Park" Motion by Mrs Fields that the Parks and Recreation Commission be directed to initiate the park naming procedure for that area currently referred to as "Owens Park" at 38th and Parfet, and that the name of "Louise Turner" be offered to the Parks and Recreation Commission as the suggestion of the City Council, seconded by Mr Solano, carried 7-1 with Mr Siler voting no Mr Siler does not believe in naming a park after a living person CITY COUNCIL MINTT"'-:S February 26, 1996 Page -6- Item 14. Motion for City Council Rules 3 5 and 3 6 pertaining to meetings other than defined in the City Charter Motion by Mr Solano that City Council Rules 3.5 and 3 6 as presented, which establish meeting requirements for meetings other than those currently specified in the City Charter, be approved, seconded by Mr DiTullio, carried 8-0 Item 15. ~:6)[!;I]@[g:[i:i]7 ~lca~[i:i][Q)5~c A. Resolution 1523 - authorizing the Jefferson County Open Space Officials to secure an appraisal, survey, title commitment, environmental assessment, determine fair market value and negotiate for the acquisition of the property consisting of the northern 3,600 square feet, more or less, located at 4495 Everett Drive in Wheat Ridge, Colorado, the Gene Shirley property B Resolution 1524 - authorizing the Jefferson County Open Space Officials to secure property consisting of the northern 12,000 square feet, more or less, located at 4499 Everett Drive in Wheat Ridge, Colorado, the Jim Johnson property C Resolution 1525 - authorizing the Jefferson County Open Space Officials to secure property consisting of the property adjacent to the rear northwest of 4565 Carr Street and 4599 Carr Street consisting of one acre (1), more or less, in Wheat Ridge, Colorado, owned by Michael Boyd Enterprises, 4584 Carr Street, Wheat Ridge, Colorado o Resolution 1526 - authorizing the Jefferson County Open Space Officials to secure an appraisal, survey, title commitment, environmental assessment, determine fair Market Value and negotiate for the acquisition of the property consisting of one hundred eighty four acres(184), more or less, located between Youngfield and Miller Streets, along Clear Creek in Wheat Ridge, Colorado, property owned by Coors Brewing Company and leased by the City of Wheat Ridge for the Wheat Ridge Greenbelt. Motion by Mr Siler to approve the Consent Agenda, seconded by Mr Solano, carried 8-0 Item 16. Resolution 1527 - authorizing submittal of the application for the 1996 Joint Venture/Grant Project to Jefferson County Open Space - Greenbelt Trail Relocation Project. Resolution 1527 was introduced by Mr Siler; title read by the Clerk. Motion by Mr Siler for the approval of Resolution 1527, seconded by Mr Solano, carried 8-0 CITY COUNCIL MImT~ES February 26, 1996 Page -7- 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. Approval of Wheat Ridge First Post Office Revised Budget. Motion by Mrs Worth that the Wheat Ridge First Post Office Revised Budget be approved and that the Wheat Ridge Historical Society will be expending $1,359.37, the remainder of $35663 come out of the Grant; seconded by Mrs Dalbec, carried 8-0 ELECTED OFFICIALS MATTERS Jerry DiTullio and Janelle Shaver support asphalt for the greenbelt trail Tony Solano will not be present at the March 11 Council Meeting, he will be attending National League of Cities in Washington D C He moved to hold an Executive Session under Section 5 7(b)(1 )(B) of the Charter and to adjourn right after that; seconded by Mrs Dalbec; carried 8-0 Claudia Worth asked Council to have staff bring in an amendment to the PCD Ordinance to reflect parking spaces for office buildings She also stated she will hold people to the council rule 8.2 under public's right to speak on Agenda matters, they must sign the appropriate roster and confine their remarks to the relevant items Don Eafanti stated that the Greenbelt discussions had been going on for years, the last time they made the decision, it boiled down to safety reasons and how long it was going to last. EXECUTIVE SESSION WAS HELD. Meeting adjourned at 11'05 p m ;t f . J ~-- . } {qL:I_,,- :7St t.v<;: Wanda Sang, City Clerk'::'~ APPROVED BY CITY COUNCIL ON MARCH 11, 1996 BY A VOTE OF ~ TO ~ 1 "-.- \ i ~ ( -.~' \ \ '\ \ \. ( _. ' ( l. \, I (:: ~ t' -- Claudia Worth, Council President