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HomeMy WebLinkAbout02/10/1997 CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building CITY COUNCIL MINUTES February 10. 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, and Claudia Worth Tony Solano was absent due to illness Also present: City Clerk, Wanda Sang, City Treasurer, Jim Malone, Acting City Manager, Jack Hurst; City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Planning, Glen Gidley; Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES OF January 27,1997 Motion by Mr Eafanti for approval of the Minutes of January 27,1997, seconded by Mrs Fields, carried 7-0 CITIZENS' RIGHT TO SPEAK There was no one present to speak. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Public Hearing and consideration of applications for the 1997 Community Development Block Grant Program Item 1 was introduced by Mrs Dalbec, title read by the Clerk. Mr Gidley referred to his memo attached to this agenda, which specifies the various proposed allocation. An additional request has been received from Summit Center, which is not included in this memo Kevin Moore, on Board of Directors of Summit Center, asked for funding for Commercial Kitchen in the amount of $9,040 They are currently located in Lakewood, but will move to 3810 Pierce Street in Wheat Ridge This kitchen will primarily be used to train people recovering from mental illness He apologized for the lateness of this request. CITY COUNCIL MINUTES February 10, 1997 Page -2- Motion by Mrs Dalbec that the applications for funding under the 1997 CDBG Program as listed in the attached Proposed Project Summary Sheet be approved and forwarded to the Jefferson County Board of Commissioners for acceptance I further move that we delay consideration for Summit House application until we have had an opportunity to look at that and bring it back at the next regular Council Meeting; seconded by Mr Eafanti, carried 5-2 with Mrs Shaver and Mr Siler voting no Mrs Shaver voted no because she wants Summit Center included Motion by Mr DiTullio to reconsider the previous motion, seconded by Mrs. Shaver; carried 6-1 with Mrs Dalbec voting no Motion by Mr DiTullio that the applications for funding under the 1997 CDBG Program as listed in the attached Proposed Project Summary Sheet be approved and forwarded to the Jefferson County Board of Commissioners for acceptance and to allocate $9,040 for Summit Center from the General Allocation Fund, seconded by Mr Siler; carried 7-0 ORDINANCES ON FIRST READING Item 2. Council Bill 8 - An Ordinance repealing and reenacting Chapter 22, Article III, of the Code of Laws of the City of Wheat Ridge, Colorado, concerning an Occupation and Business Tax on Basic Telecommunications Service Council Bill 8 was introduced on first reading by Mrs Dalbec, title read by the Clerk. Motion by Mrs Dalbec that Council Bill 8 be approved on first reading, ordered published, public hearing be set for Monday, March 24, 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, seconded by Mrs. Worth, carried 7-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. 32nd Avenue Street Lighting Options Item 3 was introduced by Mr DiTullio, title and summary were read by the Clerk. Bob Goebel presented the staff report. He stated he had received a fax letter from a Mr Willer in opposition to the lighting Motion by Mrs Worth to suspend the Rules and allow a letter from James Willer to be read into the record; seconded by Mrs Fields, carried 7-0 CITY COUNCIL MINUTES February 10, 1997 Page -3- City Clerk, Wanda Sang, read Mr James Willer's letter into the record He owns the duplex at the corner of 32nd Avenue, is in favor of the improvements to the street, curbs, sidewalks and all the other work that must be accomplished. He strongly opposes the lighting and will not approve the placement of the pedestrian light on his property as depicted He would not object to the light being moved about 75 ft to the east. Vance Edwards, 3205 Jay Street, presented a neighborhood petition supporting the lighting. He spoke to at least 30 different people, out of 30, 27 were supportive of the lighting, 2 were opposed, 1 had no position Sue Przekwas, 5401 West 32nd Avenue, is a new resident to the area, spoke in favor of the lighting. Greg Eyestone, 3215 Harlan Street, spoke in favor of the lighting. Motion by Mrs. Worth that the Victorian Street Lighting option for 32nd Avenue between Pierce and Sheridan be postponed until all the Right of Entry agreements come back in, seconded by Mrs Dalbec; carried 5-2 with Mr Siler and Mr DiTullio voting no Item 4. Greenbelt Trail Relocation and Conservation Trail (RFB #97-03) Item 4 was introduced by Mrs Dalbec; title read by the Clerk. Mr Wardle presented the staff report and answered questions Motion by Mrs Dalbec that the Greenbelt Trail Relocation & Conservation Trail be awarded to L & M Enterprise, Inc in the amount of their bid of $375,992 00 I further move that a contingency account be established in the amount of $37,600 I further move 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 $413,592 be charged to the Open Space Fund, Acct. No 32-601-862 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 Mrs. Worth, carried 6-1 with Mr Siler voting no Item 5. Request for reconsideration and rehearing of Case No PBG-96-1, 4420 Jay Street. Item 5 was introduced by Mr DiTullio, title and summary read by the Clerk. CITY COUNCIL MINUTES February 10, 1997 Page -4- Dick Shirer, attorney for applicant, Karl Koch, presented applicant's modifications and revisions to the site plan and addressed concerns/comments that were brought up by City Council at the meeting of 1/27/97 Tina Pierson and Michael Pierson, 4475 Jay Street, spoke in favor of the proposed project. Motion by Mr DiTullio that the request to reconsider and rehear Case #PBG-96-1 be granted and that a new hearing date be set for March 24, 1997 at 7 00 P m at the Wheat Ridge City Hall, seconded by Mrs Fields, carried 7-0 Item 6. Resolution 1582 - approving an amendment to Intergovernmental Agreement with Jefferson County for administration of the Community Development Block Grant (CDBG) Program Resolution 1582 was introduced by Mr DiTullio, title and summary read by the Clerk. Motion by Mrs Dalbec to postpone this Item until further information from the County can be received died for lack of second Motion by Mr DiTullio for approval of Resolution 1582, seconded by Mr Siler; carried 6-1 with Mrs Dalbec voting no Item 7. 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 (postponed from January 27, 1997) Resolution 1581 was introduced by Mr DiTullio, title and Resolution read by the Clerk. Motion by Mr DiTullio for approval of Resolution 1581, seconded by Mrs Fields, carried 6-1 with Mr Siler voting no Item 8. Resolution 1583 - requesting that the State Land Board initiate a process to discuss the use of State Land property on the border of Wheat Ridge and Arvada for recreational and Open Space purposes Resolution 1583 was introduced by Mrs Dalbec, title read by the Clerk. Mrs Dalbec read a letter received today from Max Vezzani, Director of the Board of Land Commissioners, which asks that the Resolution be denied. CITY COUNCIL MINUTES February 10, 1997 Page -5- Motion by Mrs Dalbec for approval of Resolution 1583, seconded by Mrs. Worth, carried 6-1 with Mrs Fields voting no Item 9. 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 DiTullio, carried 7-0 Item 10. CONSENT AGENDA. A. Resolution 1584 - amending Pawn Shop Transaction Fees B Resolution 1585 - repealing and reenacting the City Budget, and appropriating sums of money to the various funds and spending agencies in the amounts specified below, for the City of Wheat Ridge, Colorado, for the 1997 Budget Year C Resolution 1586 - providing for a supplemental budget appropriation and authorizing payment of the Intergovernmental Agreement between the City of Wheat Ridge and the Wheat Ridge Economic Development and Revitalization Authority (EDARC) D Resolution 1587 - providing for acceptance of Grant Funds from the Colorado Consortium for Community Policing and authorizing a supplemental budget appropriation E. Resolution 1588 - amending the City's participation in the Colorado County Officials and Employees Retirement Association deferred Compensation Plan Resolution 1589 - amending the City's participation in the ICMA Retirement Corporation deferred Compensation Plan Mrs Worth introduced the Consent Agenda and read the titles Motion by Mrs Worth for approval of the Consent Agenda, seconded by Mr DiTullio Mrs. Dalbec asked that Item B be voted on separately CITY COUNCIL MINUTES February 10, 1997 Page -6- Vote on Items A C D and E. carried 7-0 Motion by Mrs Dalbec for approval of Resolution 1585 with the removal of the $500,000 for the 32nd Avenue bikepath Motion died for lack of second Motion by Mr Siler for approval of Item B Resolution 1585, seconded by Mr Eafanti, carried 6-1 with Mrs Dalbec voting no CITY MANAGER'S MATTERS Mayor Wilde apologized for not calling on Mr Jeff Edwards, who had signed up to speak under Item 10 A, but who had now left. Chief Hurst explained that Mr Edwards was the area manager for EZ Pawn, and had wanted to explain that the increased fees would be passed on to their customers Motion by Mrs Dalbec to reconsider Item 10 A so that Mr Edwards can come back and speak on this on February 24, 1997, died for lack of second Mayor Wilde apologized again for not calling on Mr Edwards Mr DiTullio asked for consensus that Council postpone their meeting with the Comp Plan Committee until all four districts have had their individual meetings with the Committee and then discuss the findings. Consensus was 7 in favor Mr Siler asked for consensus that we use the same method for disbursement of discretionary funds that we used in 1996 for 1997 Consensus was 7 in favor CITY ATTORNEY'S MATTERS Mr Dahl distributed the first draft of the Historic Preservation Ordinance and asked that Council look it over and after that perhaps discuss it at a Study Session prior to first reading He asked that Council adjourn to an Executive Session at the end of the meeting to discuss pending litigation under Section 57 (b) (1) of the Charter It may be necessary for Council to make a motion after the Executive Session, so adjournment should follow the Executive Session Motion by Mrs. Worth that Council go into an Executive Session after Councilmembers' Matters and then return for decision according to Section 5 7 (b) (1) of the Charter; seconded by Mr DiTullio carried 7-0 CITY COUNCIL MINUTES February 10, 1997 Page -7- ELECTED OFFICIALS MATTERS Motion by Mrs Fields that Mr Dahl draft an Ordinance that 1 Council member be appointed to each Board and Commission, seconded by Mr DiTullio, carried 7-0 EXECUTIVE SESSION WAS HELD Motion by Mrs. Worth that we reconsider the Liquor Authority's Action on January 27 regarding Valley Liquors and ask for a rehearing to consider only the testimony that was subject of the amended motion to continue Meeting be set for February 21 1997 at 6'00 pm, seconded by Mr DiTullio, carried 7-0 Motion by Mr DiTullio to direct the City Attorney to proceed with processing the appeal by the Mayor I further move that the City Attorney keep us apprised of the cost of this appeal, seconded by Mrs. Worth, carried 7-0 Motion by Mr Siler for adjournment; seconded by Mr DiTullio, carried 7-0 Meeting adjourned at 10 50 P m. ,/ .L.. .jl... lL ~ Wanda Sang, City Clerk, APPROVED BY CITY COUNCIL ON FEBRUARY 24, 1997 BY A VOTE OF -L TO---L 1 i i \ \ \ \ \ {\ \ - '-l _\\,\,'\.'~l ,-", ~ ,~_,," ,,'-... Claudia Worth, Council Presidertt "