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HomeMy WebLinkAbout04/22/1996 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building APRIL 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, 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 April 8,1996 Motion by Mr Eafanti for the approval of the Minutes of April 8, 1996, seconded by Mrs Fields, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Wilde and City Council acknowledged City Attorney, Gerald Dahl, for running in the Boston Marathon Mayor Wilde read Proclamation for Victim's Right's Week and presented it to Jessica Stern from Victims Outreach He also read Proclamations for Arbor Day and Earth Day He thanked City Arborist, Bill Cassel, for his efforts through the years in obtaining the Tree City USA award for Wheat Ridge CITIZENS' RIGHTS TO SPEAK Irving Roach, 4411 Balsam Street, asked that 44th Avenue from Wadsworth to Kipling be re- striped to three lanes E'Rena Hockenberry, 6527 West 34th Avenue, asked that the City donate up to $2,500 toward the purchase of a new piano for the Community Center; close to $1,500 has already been verbally committed from other sources Mr Siler asked that this be brought back to the next Council meeting and that staff put together a proposal for up to $4,500 less donations CITY COUNCIL MINUTES April 22, 1996 Page -2- Motion by Mr Eafanti to add an Item 10 A. Fireworks for the Carnation Festival, seconded by Mr DiTullio, carried 8-0 Motion by Mrs Fields to add Item 1 F Celebration for Memorial Day at City Hall, seconded by Mrs. Dalbec; carried 8-0 Ken Bowser, 4504 Everett Drive, complained about conditions on land he gave to Open Space, that was subsequently given to the City of Wheat Ridge, broken branches, brush, fire danger, etc. Mr Wardle explained that there is a problem with right of entry over another property; as soon as that problem is resolved, the property will be cleaned up Mr Siler asked that staff get with Mr Bowser to correct this problem and report back to Council at a Study Session PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. 1996 Local Streets Program A. Garrison Street, 32nd Ave to 35th Ave Public Hearing was opened by the Mayor; Bob Goebel was sworn in and presented the staff report. Carl Todd, 3400 Garrison Street, has concerns about drainage and an oil slick on the lake Bob Eckhardt, 7400 West 34th Avenue, is happy to see the proposal to widen the sidewalk in front of his house to meet ADA specifications Anne Brinkman, 7420 West 34th Avenue, asked when the work will begin, how long will it take, wants a double-wide driveway curve Mr Goebel replied work should begin late summer; should take two to three weeks, driveway will be opened up to width of current driveway Motion by Mrs Dalbec that the Public Works Department address the issue of drainage into this lake and the oilslick and that, in accordance with Section 5.20 of the City Charter, the official street width designation of Garrison Street between West 32nd Avenue and West 35th Avenue be established as 21 feet measured from pavement edge to pavement edge, seconded by Mr Solano, carried 7-1 with Mr Siler voting no Mrs Worth asked that Code Enforcement look into who is polluting the water and that staff work with Mr Todd to find solutions to the problems he addressed. CITY COUNCIL MINUTES April 22, 1996 Page -3- B West 34th Avenue, between Teller St. and Webster St. Motion by Mr DiTullio that, in accordance with Section 5.20 of the City Charter, the official street width designation of West 34th Avenue between Teller Street and Webster Street be established as 34 feet measured from flow line to flow line, seconded by Mr Solano, carried 8-0 C West 43rd Avenue, between Kendall St. and Jay St. and Jay St. between W 43rd Avenue and 44th Avenue Motion by Mrs Shaver that, in accordance with Section 5.20 of the City Charter, the official street width designation of West 43rd Avenue between Kendall Street and Jay Street and Jay Street between West 43rd Avenue and West 44th Avenue be established as 34 feet measured from flow line to flow line, seconded by Mr DiTullio, carried 8-0 D Harlan Street, 28th Avenue North to end. Motion by Mrs. Fields that, in accordance with Section 5.20 of the City Charter, the official street width designation of Harlan Street from West 28th Avenue north to end be established as 34 feet measured from flow line to flow line, seconded by Mrs Shaver; carried 8-0 E Upham Street North to West 26th Place and West 26th Place, Cui de Sac to Cui de Sac. Motion by Mrs Fields that, in accordance with Section 5.20 of the City Charter, the official street width designation of Upham Street from West 26th Avenue north to west 26th Place and West 26th Place, Cui de Sac to Cui de Sac be established as 34 feet measured from flow line to flow line, seconded by Mrs. Dalbec; carried 8-0 F Memorial Day Celebration Motion by Mrs Fields that we institute an annual Memorial Day celebration and reception at City Hall with the cooperation and participation of the Wheat Ridge Chapter of the Disabled American Veterans. I further move that a memorial plaque honoring Wheat Ridge veterans be placed in City Hall or on the grounds surrounding the Municipal Building or that a site be selected to put some type of memorial, this celebration is to take place on Friday, May 24, seconded by Mr Eafanti; carried 8-0 CITY COUNCIL MINUTES April 22, 1996 Page -4- Item 2. Council Bill 13 - An Ordinance amending Article VII of Chapter 11 of the Wheat Ridge Code of Laws, concerning Pawnbrokers Council Bill 13 was introduced on second reading by Mr Solano, title read by the Clerk; Ordinance No 1023 assigned Commander, Joe Cassa, was sworn in by the Mayor and answered questions. Motion by Mr Solano that retail sales to customers not be subject to fingerprinting, seconded by Mrs Shaver; failed 4-4 with Councilmembers Eafanti, Dalbec, Solano, and Shaver voting yes Mayor Wilde broke the tie by voting no Motion failed. Motion by Mr Solano for approval of Council Bill 13, Ordinance 1023, seconded by Mr DiTullio, carried 7-1 with Mrs Dalbec voting no Item 3. Council Bill 14 - An Ordinance amending the Code of Laws of the City of Wheat Ridge relating to weed control Council Bill 14 was introduced on second reading by Mr DiTullio, title read by the Clerk; Ordinance No 1024 assigned Susan Ellis, Code Enforcement Officer, was sworn in by the Mayor Motion by Mr DiTullio for adoption of Council Bill 14, Ordinance 1024, seconded by Mr Solano, carried 8-0 ORDINANCES ON FIRST READING Item 4. Council 15 - An Ordinance providing for the approval of a Special Use Permit to allow an indoor amusement facility in a Restricted-Commercial Zone District on land located at 6090 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-96-1) (Dave Sommer for Cal Alta Management) Council Bill 15 was introduced on first reading by Mr Siler; title read by the Clerk. Motion by Mr Siler that Council Bill 15 be approved on first reading, ordered published, public hearing be set for Monday, June 10, 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 CITY COUNCIL MINUTES April 22, 1996 Page -5- Item 5. Council Bill 16 - An Ordinance establishing a procedure for City-Initiated Rezoning. Council Bill 16 was introduced on first reading by Mr DiTullio, title read by the Clerk. Motion by Mr DiTullio that Council Bill 16 be approved on first reading, ordered published, public hearing be set for Monday, May 13, 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 Councilmembers had concerns and questions with some of the language in the Ordinance City Attorney will bring in various amendments to be discussed at the public hearing Mr DiTullio withdrew his motion, after the discussion he will make two motions Motion by Mr DiTullio that Council Bill 16 be approved on first reading, ordered published, public hearing be set for Monday, May 13,1996 at 7'00 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication I further move that Council Bill 16 be brought in to the next available study session prior to the public hearing, seconded by Mrs Dalbec; carried 8-0 Item 6. Council Bill 17 - An Ordinance concerning required insurance for contractors and operators Council Bill 17 was introduced on first reading by M r Siler; title read by the Clerk. Motion by Mr Siler that Council Bill 17 be approved on first reading, ordered published, public hearing be set for Monday, May 13, 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 Eafanti, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 7. Remaining Breakfast Queen expenses. Motion by Mrs Worth that the expenses for the Breakfast Queen Project be approved in the amount of $24,303 80 to be expended to various vendors with all costs charged to Acct. No 30-303-851 I further move that $25,000 be transferred from Capital Improvements Fund Balance to Acct. No 30-303-851 That the funds be encumbered for the length of the project, which expressly allows the expenditure of funds in 1997 for this project in accordance with Ordinance #787, 1989 Series, seconded by Mrs Fields CITY COUNCIL MINUTES April 22, 1996 Page -6- Motion by Mr DiTullio to delete 4) Incentive payment due, if the Breakfast Queen relocates within the City of Wheat Ridge $10,00000; seconded by Mrs Dalbec; carried 6-2 with Councilmembers Solano and Worth voting no Original Motion as amended carried 7-1 with Mr Solano voting no Item 8. Consider Council Rule change, Section 7.2 Motion by Mrs Fields that Council Rule 7.2 be amended to read Membership and Selection Membership shall be as provided for by Charter, Code of Laws or Resolutions Selection will be upon the recommendation of the the Council City Affairs Committee or by a Council member at a regular City Council business meeting Recommendations will be ratified by a majority vote of Councilmembers present. The Mayor may also appoint from time to time special or select committees upon notification of all Councilmembers regarding names of appointees and the purpose of the committee, seconded by Mr DiTullio, carried 6-2 with Mr Siler and Mr Solano voting no Item 9. ~(Q)INJ~~Mf ,i!\~~INJ[Q)ffiL A. Software maintenance for 1996 for the Police Department. B 1996 Concrete Rehabilitation Program, Phase II,(RFB #96-18) C Acceptance of Right of Way, 4800 Van Gordon D Right of Way Acquisition, 4105 Wadsworth Blvd (Scott Richter) E. City Participation on Tabor Street. F Resolution 1532 - Resolution authorizing the Mayor and City Clerk to sign the request for reimbursement and certification of the use of funds for restoration of the Wheat Ridge First Post Office Mrs Dalbec asked to remove Items B D and E Motion by Mr Solano to approve Items 9 A. C and F , seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES April 22, 1996 Page -7- 9. B. Motion by Mrs Dalbec that the 1996 Concrete Rehabilitation Program, Phase II, (RFB #96-18) - including Hoyt Street and Hoyt Court - be awarded to K.E.C I , Inc. in the amount of their bid of $368,449 I further move that 2% incentive bonus in the amount of $7,369 be established That a contingency account in the amount of $51,828 be established 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 $427,646 be charged to the Capital Improvement Fund Acct. No 30-303-884 That the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1997 for this project in accordance with Ordinance #787, 1989 Series, seconded by Mr Solano, carried 8-0 9 D Motion by Mrs. Dalbec that the City accept the property described in the attached Warranty Deed for right of way purposes, that the negotiated sum of $2,000 be paid to the property owner, Scott Richter, and that funds for this purchase be allocated from Capital Improvements Fund Account 30-303-841, School Sidewalks, seconded by Mr Eafanti, carried 8-0 9 E Motion by Mrs Dalbec to delay this Item until more information can be obtained, seconded by Mrs. Worth, carried 5-3 with Councilmembers Siler, Solano, and DiTullio voting no Item 10. 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 10. A. Fireworks for Carnation Festival Motion by Mr Eafanti for appropriation of $2,500 toward the $5,000 cost of fireworks for the Carnation Festival, these funds are to come out of the General Fund, seconded by Mr Siler; carried 7-1 with Mrs Worth voting no Mrs. Worth received complaints from the residents in her District because of the loud bangs, it works like a megaphone in that park. CITY ADMINISTRATOR'S MATTERS Bob Middaugh asked Council consensus to approve a miscellaneous drainage project; consensus was 7 in favor He asked Council consensus to fast track proceedings for a company to relocate into Wheat Ridge, consensus was 8 in favor CITY COUNCIL MINUTES April 22, 1996 Page -8- ELECTED OFFICIALS MATTERS Motion by Mr Eafanti to suspend the Rules and go past 11'00 pm, seconded by Mrs. Dalbec, carried 6-2 with Mr Solano and Mr DiTullio voting no Jerry DiTullio complained about the coverage Wheat Ridge is getting in the Wheat Ridge Transcript. Consensus was 8 in favor that Mr Middaugh send a letter to the Transcript. Janelle Shaver moved that staff more aggressively pursue the area west of Wheat Ridge, not necessarily for annexation, but to determine how to create a buffer zone, there are good pieces of ground that we would like to see used for athletic things and things of that nature, seconded by Mrs Dalbec, carried 7-1 with Mr DiTullio voting no Motion by Mrs. Shaver that Gary and his staff start nailing down some site locations for an indoor pool and funding possibilities that do not include going to the ballot; just start moving on that; seconded by Mrs Dalbec, carried 6-2 with Mr Solano and Mr DiTullio voting no Claudia Worth asked when the Comprehensive Plan Committee would start meeting, she wants them to get started no later than the first week in May Jean Fields asked for consensus to request staff to review and recommend changes to Section 26-30 of the Wheat Ridge Code of Laws with regards to height and location of fencing that is not solid, such as wrought iron, chain link, ornamental, or any other type of see-through fencing Recommendations should include height and sight triangle changes which allow these types of fences to be higher Consensus was 6 in favor Ken Siler gave update on proposed sound barriers Teri Dalbec questioned Mr Wardle why the asphalt trail could not be constructed until next year Mr Wardle replied that we would do design work for the remainder of this summer, by the time everything would be completed the asphalt plants would be closing for the winter and they won't open until May of next year Mrs Dalbec does not want construction to take place during the nesting season. CITY COUNCIL MINUTES April 22, 1996 Page -9- Motion by Mr DiTullio to adjourn, seconded by Mr Solano, failed 3-5 with Councilmembers Fields, DiTullio, and Solano voting yes. Mrs. Dalbec questioned the rule of more than 2 Councilmembers meeting, is the Mayor part of this? City Attorney stated this is a Council Rule and the Mayor is not counted as a member of Council This is not a violation of the Sunshine Law, if the Mayor and 2 Councilmembers meet. Don Eafanti wants to see nicer signs for the entrance to the City Motion by Mr Eafanti to adjourn, seconded by Mr Siler; carried 7-1 with Mr Solano voting no Meeting adjourned at 11 45 P m ..-Jf Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON MAY 13, 1996 BY A VOTE OF 8 TO 0 '\ ~ - - f l. ~, . " . , , " , ' . _". ~_ ',,\.L" '. , ~ '. '-." Clau,dia Worth, Council President.