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HomeMy WebLinkAbout01/13/1997 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building January 13. 1997 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 Manager, Robert Middaugh, City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Planning, Glen Gidley; sitting in for Chief of Police, Joe Cassa, Director of Public Works, Bob Goebel, staff; and interested citizens. APPROVAL OF MINUTES of December 16,1996 Motion by Mr Eafanti for the approval of the Minutes of December 16, 1996, seconded by Mr Siler; carried 8-0 PROCLAMATIONS AND CEREMONIES Christmas Lighting Awards Cheri Jahn introduced Jim Pepsi from Public Service Company of Colorado, who presented the winners Fourth Place, Mr & Mrs Scott; Third Place, Mr Ed Trum, Second Place, Mrs & Mrs Leonardo, First Place, Mr and Mrs Stano Mayor Wilde recognized Metropolitan Mayors and Commissioners Youth Award Nominees from Wheat Ridge Charles Edward Snow; Josh Smith, Jessica Shaw; Richard Arellano, Doris Christine Giraitis, Connie Steadman, Josh O'Dell, Christ Lobus, Kristine Jones, Hector Hernandez; Melissa Story; Jennifer Tillman, Christina Martinez. CITIZENS' RIGHT TO SPEAK Liz Shockley, 11605 West 46th Avenue, asked about the possibility of a three-way stop sign at 46th & Tabor; she is not concerned about the amount of traffic, but rather the speed of traffic in that area, also asked if a Police Officer could check traffic speeds there several times per week. CITY COUNCIL MINUTES January 13, 1997 Page -2- Tom Shockley, 11605 West 46th Avenue, asked that Planning Commissioners listen to citizen input before making up their minds and that they have more to go by than just criteria. Motion by Mr Siler that Agenda Item 17 be moved up to be Item 7 A., seconded by Mrs Dalbec, carried 8-0 Motion by Mrs Fields that Agenda Item 8 C be moved up to be Item 7 B, seconded by Mr DiTullio, carried 5-3 with Councilmembers Shaver, Worth, and Dalbec voting no Mrs Dalbec stated that there were people present to speak on Item 7 , that they had attended neighborhood meetings and Planning Commission meetings and it wasn't fair to make them sit through Item 8 C first. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. A. Application by Daniel & Sherri Schneider for approval of a 12-lot subdivision on Residential-One and Agricultural-Two zoned land at 12345 West 38th Avenue (Case No WS-96-3) Case No WS-96-3 was introduced by Mr DiTullio, title and summary read by the Clerk. Applicant, Dan Schneider, presented his proposed development and answered questions Glen Gidley was sworn in by the Mayor and gave the staff report. The following speakers were sworn in by the Mayor' James Matera, 26 Skyline Drive, Lakewood, spoke in favor of the 12-lot subdivision, is not in favor of the roadway; he owns 2 8 acres of land to the east of this property and is planning a 7-lot subdivision, is opposed to joining the two properties by a pedestrian pathway Van Wedgwood, 3251 Tabor Court, urged Council not to approve the pedestrian pathway; but is in favor of the subdivision AI Alberts, 12355 West 38th Avenue, and Randy Alberts, 14412 West 70th Place, are not in favor of the pedestrian pathway; it will only lead to trouble Dr John B. Moore, 12201 West 38th Avenue, does not want pedestrian pathway going through his property CITY COUNCIL MINUTES January 13, 1997 Page -3- Charles Jorgensen, 3734 Union Court, is in support of the subdivision as proposed tonight, but does not want the pedestrian pathways, it's good for children to walk. Doug Jenks, 11885 West 38th Avenue, supports subdivision but not pathways or street. Motion by Mr DiTullio that Case No WS-96-3, a request for approval of a twelve-lot subdivision on property zoned Residential-One and Agricultural-Two at 12345 West 38th Avenue be approved for the following reasons 1 The applicant has revised his request to be consistent with previous City Council action 2 All minimum requirements of the Residential-One and Agricultural-Two zoning have been met. 3 All requirements of the Subdivision Regulations have been met. With the following condition Pedestrian and Vehicle access easements not be required, seconded by Mr Siler Motion by Mrs Dalbec for an amendment that a separated sidewalk be developed at the north edge of the right-of-way in a similar manner to the McLaughlin Subdivision, at the time of development of the property; seconded by Mr Solano, carried 8-0 Original Motion as amended carried 8-0 B Resolution 1573 - establishing and designating street widths for all public streets within Prospect Park Subdivision (continued from December 16, 1996) Resolution 1573 was introduced by Mr DiTullio, title read by the Clerk. Motion by Mr DiTullio for approval of Resolution 1573 without Section B , seconded by Mr Solano, carried 8-0 Item 2. Application by Karl Koch for approval of a four structure planned building group and a replat on Residential-Three zoned land at 4420 Jay Street. (Case No PBG-96-1) (to be continued to January 27, 1997) Case No PBG-96-1 was introduced by Mr Siler; title read by the Clerk. Motion by Mr Siler that Case No PGB-96-1 be continued until the January 27, 1997 City Council meeting because the drainage plan has not been completed, seconded by Mrs Worth, carried 8-0 CITY COUNCIL MINUTES January 13, 1997 Page -4- Item 3. Application by James R Turgeon for Park Orchard Development for approval of a 6-lot subdivision and a site plan on R-3 zoned land at 11600 and 11690 West 46th Avenue (Case No WS-96-2) Case No WS-96-2 was introduced by Mrs Dalbec; title read by the Clerk. Motion by Mrs Dalbec that there is not jurisdiction to hear this item because the 1981 condition that prior to issuance of any building permits for new construction, the subject property legally described in Section 1 above, which is the Turgeon property and the property immediately adjacent to it and south, shall be platted in order to achieve a unified design which illustrates external and internal circulation and access points onto public or private roadways and which illustrates building envelopes and this has not happened She would like to refer the item to such time and back to the Planning Commission as the condition is complied with, seconded by Mr DiTullio, carried 8-0 Mrs Dalbec feels the condition was originally put on because of high traffic volume and the impact on the surrounding neighborhood Mr Solano's concern is high density Mr Siler commented that if high density is our concern, we should change the Rules and discuss this at a study session Mr DiTullio stated the rules are being changed as evidenced by two moratorium ordinances Item 4. Council Bill 56 - An Ordinance concerning the regulation of vehicles and traffic in the City of Wheat Ridge Council Bill 56 was introduced on second reading by Mrs Dalbec, who also read the title, Ordinance No 1063 was assigned Motion by Mrs. Dalbec for approval of Council Bill 56 (Ordinance 1063), seconded by Mr Eafanti, carried 8-0 ORDINANCES ON FIRST READING Item 5, Council Bill 1 - An Ordinance adopting a temporary moratorium on the acceptance, processing and issuance of demolition permits for historical structures within the City Council Bill 1 was introduced on first reading by Mrs Worth, title read by the Clerk. Motion by Mrs Worth that Council Bill 1 be approved on first reading, ordered published, public hearing be set for Monday, January 27, 1997 at 7 00 pm in City Council Chambers, Municipal Building, and if approved on second reading, take effect January 30, 1997, seconded by Mrs Fields, carried 8-0 CITY COUNCIL MINUTES January 13, 1997 Page -5- Item 6. A. Council Bill 2 - An Ordinance adopting a temporary moratorium on issuance of building permits for two-family and multi-family residential uses within the City Council Bills 2 and 3 were introduced on first reading by Mr DiTullio, titles and summaries read by the Clerk. Mr Dahl asked that Section 3 on page 2, be changed to read "Ordinance 1062, Series of 1996" instead of "this Ordinance" Nancy Snow, Chairperson of the Comprehensive Plan Committee, stated that the Committee would do their very best to have some suggestions to Council by the end of the moratorium period Motion by Mr DiTullio that Council Bill 2 be approved on first reading, ordered published, public hearing be set for Monday, January 27, 1997 at 7'00 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication and to include Mr Dahl's suggestion, seconded by Mrs Fields, carried 8-0 B Council Bill 3 - An Ordinance adopting a temporary moratorium on rezoning for two-family and multi-family residential uses within certain zone districts in the City Motion by Mr DiTullio that Council Bill 3 be approved on first reading, ordered published, public hearing be set for Monday, January 27, 1997 at 7 00 pm in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mrs Fields, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 7.A. Notice to set Show Cause Hearings for alleged violations at Valley Liquors and Horseshoe Bar and Grill (formerly Item 17) Motion by Mrs Worth that show cause hearings be set to be heard by the Liquor Authority on alleged liquor code violations on Valley Liquors and Horseshoe Bar and Grill, on Wednesday, January 22, 1997, at 6'00 p m. at the City of Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, seconded by Mr Siler' carried 8-0 Motion by Mrs Worth that the license for Horseshoe Bar & Grill be summarily suspended until after the hearing on January 22, 1997, seconded by Mr Solano, carried 8-0 CITY COUNCIL MINUTES January 13, 1997 Page -6- Item 7.B. Resolution 1577 - authorizing submittal of the application for the 1997 Joint Venture/Grant Recreation/Sports Facilities Project to Jefferson County Open Space - development of two soccer fields located at the Zarlengo property, at 40th Avenue and Kipling Street in Wheat Ridge, Colorado (formerly Item 8. C ) Resolution 1577 was introduced by Mr DiTullio, title read by the Clerk. Mr Middaugh explained the Grant Application process Gary Wardle presented information regarding the Jefferson County Open Space 1997 Joint Venture Project. In addition, Mr Wardle outlined specific development plans for the soccer fields located at the Zarlengo property Cletus Zerr, 10155 W 41 st Ave, spoke against soccer field development at the Zarlengo property, concerned about the wildlife Kate Polesovsky, 11251 W 27th Place, spoke in favor of the soccer field development and stated that there are not enough fields to accommodate the 50 Wheat Ridge soccer teams Chris Galves, 10094 W 41 st Ave, spoke against the site for the soccer fields, concerned about Open Space and traffic Irene Galves, 10094 W 41 st Ave, spoke against the soccer field development, concerned about wildlife and the trees Susan Seeds, 6147 W 35th Ave, spoke against the soccer field development, concerned about the wildlife and vegetation Mary Ann Archuleta, 10095 W 41 st Ave, spoke against the soccer field development, concerned about the wildlife, traffic and parking Phil Plummer, 10398 W 41 st Ave, spoke against the soccer field development, would like to see smaller field development (60 yds) for 7-11 year olds John Jerman, 11694 W 37th Ave, spoke in favor of the Grant Application for the soccer field development to be followed by meeting with neighborhood groups as to the design for the site Karin Heine, 4600 Miller St., spoke against the soccer field development, concerned about the greenbelt, ecosystem, wildlife and developing Open Space CITY COUNCIL MINUTES January 13, 1997 Page -7- Nancy Snow, 11155 W 40th, spoke in favor of the Grant Application and suggested that this development would be an appropriate buffer to the greenbelt. Glenna Collins, 9900 W 41 st Ave, spoke against the soccer field development, she likes the idea about the Grant Application but she thinks they should offer more than one site for consideration Brion Frantz, 9770 W 41 st Ave, spoke against the Grant Application, he urges Council to either vote down the application for grants or to amend it to change the address to the 48th & Marshall property or another additional property Motion by Mr Eafanti to suspend the rules and go past 11 00 P m to continue the agenda, seconded by Mrs Dalbec, failed 5-3 with Councilmembers Siler, Fields, and Solano voting no Motion by Mrs Dalbec to continue on with this agenda item and go on with agenda Item 7, Item 10, Item 11 and the Executive Session, seconded by Mrs Worth, motion failed 5-3 with Councilmembers Siler, Fields, and Solano voting no Motion by Mr Siler to complete this item, Item 18, and Executive Session and to adjourn from the Executive Session, motion failed for lack of a seconded Motion by Mrs Dalbec to finish agenda Item 8 C, Item 7 and the Executive Session, seconded by Mrs. Worth, carried 7-1 with Mr Siler voting no Motion by Mrs Dalbec to postpone the additional Agenda Items until the next regular City Council meeting, seconded by Mrs Fields, failed 5-3 with Councilmembers Shaver, Fields, and Dalbec voting yes Motion by Mr Solano to finish the Agenda Items on Tuesday, January 14 at 6'00 pm, seconded by Mr Siler; carried 5-3 with Councilmembers Shaver, Dalbec and Worth voting no Doug Bacon, 3420 Union, spoke in favor of the Grant Application because the children practicing on the current soccer fields are overly crowded and the need for soccer fields is continually growing Don Dominick, 3845 Everett St., spoke in favor of the Grant Application, on behalf of the children and other coaches he encourages Council to take advantage of the Grant. CITY COUNCIL MINUTES January 13, 1997 Page -8- Jim Muhn, 3605 Nelson St., spoke in favor of the Grant Application for the simple fact that soccer today is growing tremendously and the number of teams have doubled in the last five years There simply aren't enough soccer fields to accommodate the needs Lisa Rosson, 9490 W 38th Ave, spoke in favor of the development of the soccer field and the urgent need for a soccer field Tim O'Fallon, 1844 Winfield Dr , spoke in favor of the Grant Application because the current soccer fields are extremely over-crowded Matt Bacon, 3420 Union St., spoke in favor for the soccer field development because the current soccer field they practice on is way too small, at the current moment there is only one sufficient soccer field Odarka Figlus, 9775 W 36th Ave, spoke against the Grant Application because of the use of the Wheat Ridge Greenbelt by people of different age groups and physical abilities, she is also concerned about the traffic problems Mark Griswold, 14095 Foothill Cr, a coach for Wheat Ridge Soccer Association, spoke in favor of the soccer fields Kim Stewart, 11700 West 46th Avenue, stated that this would impact the wildlife in the Greenbelt; let's find a better place for the soccer fields Valerie Weibel, 8025 West 44th Place, we don't need to develop any more than we already have, let's rework and refurbish some of the sites we already have, that have become run down Jennifer McDaniel, is opposed to developing the soccer fields Motion by Mr DiTullio for adoption of Resolution 1577, seconded by Mr Siler Motion by Mrs Fields to amend Resolution 1577 to read as follows Development of one (1) soccer field in Wheat Ridge, Colorado, with the possibility of the field being located at the Zarlengo property at 40th Avenue and Kipling Street, pending a neighborhood meeting conducted by the Parks Department before January 30, 1997, seconded by Mr DiTullio, carried 5-3 with Councilmembers Shaver, Worth, and Solano voting no Original Motion as amended tied 4-4 with Councilmembers Siler, Fields, Eafanti, and DiTullio voting yes Mayor Wilde broke the tie by voting yes. Motion carried 5-4 CITY COUNCIL MINUTES January 13, 1997 Page -9- Item 7. Resolution 1565 - condemnation of parcel of land at 11361 West 44th Avenue (Baugh Property) Resolution 1565 was introduced by Mrs Dalbec, who also read the title Mr Middaugh introduced Merrill Ann Wilson, A.I.A., licensed architect, specializing in historic properties, gave her report on the historical data about the Baugh property She strongly recommended that the Baugh house be restored and preserved on this original site It is extremely significant property Tom Sloan, owner of property, stated that Planning Commission decided that the benefits of his proposed development far outweighed the benefits of preserving this building They approved his plan. He conducted a telephone survey and a newspaper survey and most of the people were in favor of his development. Paul Anderson, 4610 Queen Court, stated that he was never contacted by Mr Sloan's telephone survey He objects to the rezoning of the Baugh property; feels that the Planning Commission did not listen to him and other neighbors We need Open Space He gave examples of other developments going on right now in the southwestern part of Wheat Ridge So much development will take away some of the reason why people live here in the first place Nancy Anderson, 4600 Queen Court, encouraged City Council to take this opportunity and preserve this property; she is very disappointed that Planning Commission approved the rezoning She questioned why Mr Sloan cut down the large old Walnut tree on his property Rex Rideout, 10782 Emerald Lane, Connifer, does not live in Wheat Ridge, but is very interested in preserving the Baugh house Claudia Callas, 8701 West 38th Avenue, spoke in favor of saving this unique piece of property She urged Council to very carefully think about this Kim Stewart, 11700 West 46th Avenue, spoke in support of preserving this property; was disappointed in Planning Commission's decision Diane Mattox, 4515 Robb Street, spoke in favor of keeping the Baugh property historical for everybody to enjoy, both wildlife and people Dave DiGiacomo, 4505 Robb Street, spoke on behalf of Mr Sloan, asked City Council to make this decision thoughtfully and considerately and to make sure that they have all of the information they've requested in order to make this important decision CITY COUNCIL MINUTES January 13, 1997 Page -10- Richard Gardner, 5095 Pine Ridge Drive, Golden, does not live in Wheat Ridge, but as a Historian of the Golden area, he believes it is imperative that the Baugh property be preserved, as it is the oldest building remaining in Jefferson County Terrey Young, 6428 'B' Newcomb Street, representing Mr Sloan as his Real Estate Agent, brought to the City Council's attention the cost factor involved in the condemnation of the Baugh property Valerie Weibel, 8025 W 44th Place, spoke in support of preserving the Baugh property because she believes it will be beneficial for the City of Wheat Ridge to have something this unique in our area that we could utilize for our children to show them their heritage of the State, not just of Wheat Ridge but for the State of Colorado Conrad Gardner, Golden, on the board for the Golden Landmarks Association, brings to the attention to everybody that this building is historically significant and unique and it's a crime to destroy it, because once it's gone it's gone Motion by Mrs Dalbec that Resolution 1565 authorizing condemnation for the property at 44th and Robb, known as the Baugh property be approved, seconded by Mr Solano, carried 7-1 with Mr Siler voting no EXECUTIVE SESSION WAS HELD (Section 5 7(b)(1) of the Charter) Motion by Mr Solano that the City Attorney and staff be authorized to settle Federal Case No 96-E-1931 for the amount not to exceed $117,000, seconded by Mr Siler; carried 8-0. Motion for adjournment; second by Mr Siler; carried 7-1 with Mr Solano voting no Meeting adjourned at 2 40 a.m January 14, 1997 - Meeting of January 13, 1997 was continued. The January 13, 1997 Wheat Ridge City Council Meeting was reconvened by Mayor Wilde at on January 14, 1997 at 6 00 p.m Councilmembers present; Teri Dalbec, Jerry DiTullio, Jean Fields, Janelle Shaver, Ken Siler, Don Eafanti, and Claudia Worth Tony Solano arrived at 6 lOp m Also present; City Clerk, Wanda Sang, City Administrator Robert Middaugh, City Attorney, Gerald Dahl, Director of Parks and Recreation, Gary Wardle, staff; and interested citizens CITY COUNCIL MINUTES January 13, 1997 Page -ll- Motion by Mrs Worth to move Agenda Item 15 up before Item 8, seconded by Mr Siler; carried 7-0 Motion by Mrs Dalbec that the discussion on the Teen Center to be moved up to the next Agenda Item when all of the youths arrive, seconded by Mrs. Shaver; carried 7-0 Item 15. Resolution 1570 - authorizing an amendment to the redevelopment agreement between EDARC and Wheat Ridge Marketplace Resolution 1570 was introduced by Mr Siler; title read by the Clerk. Ann Pitinga, representing EDARC, answered Council's questions Ron Davis, one of the owners of Wheat Ridge Market Place, stated that they had done everything the City asked for when they developed this property; had pride in ownership and had done an outstanding job of keeping everything up They do not feel obligated to go in and plant that evergreen hedge Kent Davis, one of the owners of Wheat Ridge Market Place, stated that they held two neighborhood meetings, notices were hand delivered, he would have no problem with the City holding back $3,000, like Mrs Worth suggested, or with Mr Hinshaw planting the trees on his own property Lee Ambrose doesn't understand why the developers are being portrayed as the bad guys, they have sacrificed a lot of money on this property and have done their very best to be good neighbors, the City is making a lot of money off this property; they have tried to work with Mr Hinshaw; he feels that nobody on this Council is representing them He is more than happy to give Mr Hinshaw a couple of trees for his backyard Gordon Hinshaw, 4045 Upham Street, explained that he had originally requested a fence, he didn't pursue this any further because everybody basically told him he wouldn't get the fence, his compromise was the getting some trees, he would be willing to plant the trees on his side of the property; he is looking for a guarantee, he appreciates everybody's efforts to try and work this out. He agreed that four trees spaced eight feet apart should cover it. CITY COUNCIL MINUTES January 13, 1997 Page -12- Motion by Mr Siler to approve Resolution 1570 with the following condition That Wheat Ridge Market Place have delivered to Mr Hinshaw this Spring, as soon as weather conditions allow, four trees, approximate height between four and six foot, he leaves the type of trees for the two of them to work out and that the trees be placed on Mr Hinshaw's property at 4045 Upham Street and that $1,000 of the second year's funding be held in escrow until these trees are delivered, that will then be released, and that neither the City nor Wheat Ridge Market Place is responsible for these trees being alive after they are delivered, they become Mr Hinshaw's property; seconded by Mr DiTullio, motion carried 8-0 Motion by Mr Solano to raise the payment to $176,000 to reimburse them for the trees down in that area, seconded by Mr Eafanti, motion failed 2-6 with Eafanti and Solano voting yes Item 11. Resolution 1580 - establishing a Teen Board for the City of Wheat Ridge Resolution 1580 was introduced by Mrs Worth Kristi Knuti, 3893 Field Drive, representing the Peace Jam Organization, came to get some clarification from Council where the teens stand in the decision making process of the Teen Center; they feel like adults are taking over and running the project. They would like one person to answer to that knows all of the different departments Discussion followed Motion by Mrs Shaver that the topic of the City-wide Teen Board be postponed until we can have a Study Session and discuss the issues I further move to authorize Peace Jam to develop a Teen Center Board structure and a plan for implementation to be brought back to the Council. I further move that Wanda Sang be the liaison with this group and for them to report back with their results as soon as they are able, seconded by Mrs Dalbec Mayor Wilde stated that he had been advised by the City Attorney that this could not be called a Board because the Charter requires that Board members be 18 years old and City residents It can be called a Teen Committee Mrs Shaver changed her motion to be a Teen Center Committee Mr DiTullio called for the question, carried 8-0 Motion carried 8-0 Mr Solano left at 8 40 P m CITY COUNCIL MINUTES January 13, 1997 Page -13- Item 8. A. Resolution 1575 - authorizing submittal of the application for the 1997 Joint Venture/Grant Project to Jefferson County Open Space - development of a playground located at 36th Avenue and Upham Street in Wheat Ridge, Colorado Resolution 1575 was introduced by Mr DiTullio, title read by the Clerk. Motion by Mr DiTullio for the adoption of Resolution 1575, seconded by Mrs Worth, carried 7-0 B Resolution 1576 - authorizing submittal of the application for the 1997 Joint Venture/Grant Project to Jefferson County Open Space - development of a Skateboard Park in Wheat Ridge, Colorado Resolution 1576 was introduced by Mr DiTullio, title read by the Clerk. Motion by Mr DiTullio for the adoption of Resolution 1576, seconded by Mrs. Shaver Motion by Mrs. Dalbec to amend that priority be given to District I and II, seconded by Mrs Worth, carried 4-3 with Councilmembers Siler, Fields, and DiTullio voting no Vote on original motion carried 5-2 with Mr Siler and Mr DiTullio voting no Mrs Fields asked to go on record and stated "As a Representative of District I that District I does not want the Skateboard Park and agrees with Mr Middaugh that Anderson Park is a better location" Item 9. Resolution 1578 - defining policy for the City of Wheat Ridge regarding the selection of Board and Commission members Resolution 1578 was introduced by Mr DiTullio, title read by the Clerk. Motion by Mr DiTullio for the adoption of Resolution 1578 with the following changes #6 to say commission selections during the first regular Council meeting in March of each year #8 - delete the word advertised and replace with announced Add a new paragraph #9 that says applicants not appointed will be sent a letter by the City Clerk, CITY COUNCIL MINUTES January 13, 1997 Page -14- Seconded by Mrs Fields Motion for an amendment by Mrs Dalbec to delete #5 and amend #6 accordingly (to not reflect the Study Session), seconded by Mrs. Shaver; failed 4-3 with Mrs Shaver, Mr Eafanti and Mrs Dalbec voting yes. Motion for an amendment by Mrs Shaver to delete sentence 2 from paragraph #5, seconded by Mrs Dalbec, failed 4-3 with Mrs Shaver, Mrs Worth and Mrs Dalbec voting yes Vote on original motion carried 4-3 with Mrs Shaver, Mrs Dalbec and Mr Siler voting no Item 10. Resolution 1579 - approving Intergovernmental Agreement among political subdivisions of the State of Colorado, for Emergency Management. Resolution 1579 was introduced by Mrs Worth, who also read the title Motion by Mrs Worth for approval of Resolution 1579, seconded by Mrs Shaver; carried 7-0 Item 12. Letter to CDOT re safety issue involving S Frontage Road, 1-70 from Kipling to Swadley Motion by Mrs Dalbec that the proposed letter to CDOT be signed and forwarded with City Council endorsement; seconded by Mrs Worth, carried 7-0 Item 13. 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. I move that $6,967 59 be appropriated from the General Fund fund balance for the Election Coordination, and transferred to Acct. #01-108-700-708 I further move that this be a 1996 expense since this is for the November 5, 1996 election, seconded by Mrs Dalbec, carried 7-0 Item 14. Amendments to City of Wheat Ridge Personnel Policies and Procedures Motion by Mrs Fields that the proposed amendment to Section 28 D 8 of the City of Wheat Ridge Personnel Policies and Procedures be approved, seconded by Mrs Dalbec, carried 7-0 CITY COUNCIL MINUTES January 13, 1997 Page -15- Item 16. Bid Award for the Phase II Environmental Assessment for the Davis Property Acquisition Motion by Mrs Fields that the contract to complete Phase II Environmental Assessment on the Davis property, 3705 Jay Street, be awarded to Western Environment and Ecology Inc in the amount of their bid of $15,090 50 All cost be charged to Account 32-601-809, seconded by Mr DiTullio Motion by Mrs Dalbec for an amendment that this be contingent on contract negotiations with the Davises, that if they sell the property, Phase II would be paid for by the Davises if they don't agree to this, Mr Middaugh come back to Council, seconded by Mrs Worth, carried 5-2 with Mr Siler and Mr DiTullio voting no Original Motion as amended carried 6-1 with Mr DiTullio voting no Item 19. CONSENT AGENDA A. Approve engagement letter with external auditing company, Van Schooneveld & Co B Payments to CIRSA for 1997 Insurance. C Octagon Park Shelter (Gazebo) (RFB #97-01) D Membership contribution payments Motion by Mrs Worth for approval of Consent Agenda, seconded by Mr Siler Mrs Fields wants C voted on separately Motion carried 7-0 Motion by Mrs Fields that the purchase of the gazebo be awarded to Ermodl Park & Recreation Products in the amount of their bid of $21,470 00 and that all costs be charged to the Tree Planting, parks & Recreation Donation fund, Acct. No 34-603-862 I further move that the funds be encumbered for the length of the Project, which expressly allows the expenditure of funds in 1998 for this Project in accordance with Ordinance #787, 1989 Series, seconded by Mr Eafanti, carried 7-0 CITY COUNCIL MINUTES January 13, 1997 Page -16- Item 20. Resolution 1581 - authorizing Capital Funds to be allocated for sidewalk replacement and repair in the area from Ames Street to Gray Street and from 32nd Avenue to 38th Avenue Resolution 1581 was introduced by Mr DiTullio, title read by the Clerk. Motion by Mrs Dalbec to continue this item until the next agenda because Mr Solano had some concerns about this item during the budget session and he isn't able to be here to discuss it; seconded by Mr Siler; carried 5-2 with Mr DiTullio and Mrs Fields voting no Mr DiTullio is voting no because he has worked hard on this and he can't worry about Mr Solano missing the meetings Mrs Dalbec stated that Mr Solano had a previous engagement and couldn't be here, also, other Council Districts have concerns about their older sidewalks and may want to bring something in, there might be some division of this money CITY ADMINISTRATOR'S MATTERS Mr Middaugh updated Council that he sent a letter to Mr Sloan offering to purchase the Baugh property for $245,000, which is $10,000 more than Mr Sloan paid for it. This is part of the condemnation process He stated that he and Claudia will work on the Agenda schedule to eliminate several public hearings in one evening and to space them out. He advised Council that this was the time of year to select an official newspaper for the legal publications for the City and asked for consensus as to what Council's preferences were Consensus was 4 in favor that Mr Middaugh approach the Chronicle to see if they can come up with a fair negotiation of what he can provide to us ELECTED OFFICIALS MATTERS Teri Dalbec wants Boards and Commissions to also shorten their Agendas if they are taking too long, maybe we need to increase the numbers of meetings She would like to see us send a letter to the State land Board requesting that they would consider turning over some of their land for Open Space for Jefferson County Jean Fields would like to see basic training on an annual basis for all Boards and Commissions Jerry Dahl will schedule this with the various department heads. Jerry DiTullio asked about the additional budget meeting he had requested Mrs Worth will schedule this CITY COUNCIL MINUTES January 13, 1997 Page -17- Ken Siler gave update on Stevens Elementary School traffic situation He complained about an unsigned flier being passed out at the school He asked that Mr Middaugh check on the table for the new conference room He asked to cancel the March 10, 1997 City Council meeting, four members will be attending NLC meeting Janelle Shaver said that the neighbors around Wheat Ridge High School thank City Council for the permit parking only; they are very happy with it. Consensus was 4 in favor for Mr Dahl to draft an ordinance regarding zoning use (use it or lose it) as a framework for discussion. Motion by Mrs Dalbec to adjourn, seconded by Mr Siler; carried 6-1 with Mr DiTullio voting no Meeting adjourned at 11 35 P m ~\ L ~ I .. r .uM i1,A ,A ,,,,v.r Wanda Sang, City Clad< A~PROVED BY CITY COUNCIL ON JANUARY 27, 1997 BY A VOTE OF ~ TO ~ (, I I-I "- '- \ !U.U ~< c(k.! \",(~)G-'\--'- CI~u~a Worth, Council President '\..