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HomeMy WebLinkAbout03/31/1997 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building March 31. 1997 The Regular City Council Meeting 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 Public Works, Bob Goebel, staff; and interested citizens PROCLAMATIONS AND CEREMONIES Mayor Wilde administered the Oath of Office to newly appointed Board and Commission members. Ryan Eggelton, Robert Eckhardt, Mary Margaret Coates, Anne Brinkman, Nancy Snow, and Greg Feudner CITIZENS' RIGHT TO SPEAK There was no one present to speak. LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1. Application to transfer the ownership from Eugene Evangelista, dba "Lista's Restaurante", 7000 West 38th Avenue, Wheat Ridge, Colorado, to Patzcuaro, Inc , dba "Restaurante Patzcuaro" Applicant, Francisco Almanza, was present and sworn in by the Mayor Motion by Mrs Dalbec to approve the Transfer of Ownership from Eugene Evangelista, d b.a. "Lista's Restaurante", 7000 West 38th Avenue, Wheat Ridge, Colorado, to Patzcuaro, Inc., db a. "Restaurante Patzcuaro", for the following reasons 1 All applications and fees required by statute have been filed and paid, 2 The applicants will be entitled to occupancy of the premises by virtue of a signed lease dated February 1, 1997 3 The applicants have been cleared by the Police Department; seconded by Mrs Worth, carried 8-0 CITY COUNCIL MINUTES March 3l, 1997 Page -2- Item 2. Application to transfer the ownership from L. E Zeller Corporation, dba "Club Corner", 6551 West 44th Avenue, Wheat Ridge, Colorado, to What A Deal, Inc dba "Club Corner" Applicant, Andy Cameron, was sworn in by the Mayor and asked for Council's approval Motion by Mr Siler to approve the Transfer of Ownership from L. E Zeller Corporation, d.b a. "Club Corner", 6551 West 44th Avenue, Wheat Ridge, Colorado, to What A Deal, Inc , db a. "Club Corner" , for the following reasons 1 All applications and fees required by statute have been filed and paid; 2 The applicant will be entitled to occupancy of the premises by virtue of a signed lease dated February 26, 1997 3 The applicant has been cleared by the Police Department; seconded by Mr DiTullio, carried 8-0 Item 3. Application for a new Hotel & Restaurant Liquor License with extended hours from Palancar Reef Restaurant LLC, dba "Palancar Reef Restaurant", 4400 Ward Road, Wheat Ridge, Colorado (1-mile radius only) Motion by Mrs Worth to set a 1-mile radius and order a survey to establish the needs and desires of the neighborhood. I further move to set the public hearing date for April 21, 1997, order the property posted and the public hearing published in the Wheat Ridge Transcript; seconded by Mr Eafanti; carried 8-0 ORDINANCES ON FIRST READING Item 4. Council Bill 12 - an Ordinance reducing the sales tax vendor's fee to zero Council Bill 12 was introduced on first reading by Mrs Worth who also read the title and summary Motion by Mrs Worth that Council Bill 12 be approved on first reading, ordered published, public hearing be set for Monday, April 14, 1997 at 7'00 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect upon passage, seconded by Mr DiTullio, carried 6-2 with Mr Eafanti and Mrs Dalbec voting no CITY COUNCIL MINUTES March 31, 1997 Page -3- Item 5. Council Bill 13 - an Ordinance establishing a commission on seniors issues Council Bill 13 was introduced on first reading by Mrs Fields, title and summary read by the Clerk. Shirley Hartnett, 3665 Kline Street, stated that the Community Center is not only for seniors, but has programs for children and younger adults People come from all over the metro area and sign up for trips and pay more than Wheat Ridge residents She doesn't understand why we would disband the Senior Advisory Committee, they are doing a good job Doris Ibbison, 3315 Marshall Street, is in favor of a commission, but spoke against phasing out the Senior Advisory Committee Asked that we get out the word to every senior in the City about the Community Center and the wonderful programs it provides Motion by Mrs. Fields to suspend the Rule that each Council member is allowed to speak twice on an issue, seconded by Mrs Shaver; tied 4-4 with Councilmembers Shaver, Fields, Worth, and Dalbec voting yes Mayor Wilde broke the tie by voting no Motion failed 5-4 Betty Woods, 3190 Newland Street, is in favor of the Ordinance, as long as the Senior Advisory Committee also continues to operate Meg Goldcamp, 3175 Gray Street, feels a commission on seniors issues is highly commendable, but to banish the Senior Advisory Committee would be uncalled for, undesirable, and ill advised Barbara Mulleneux, 6360 West 38th Avenue, stated we don't need a commission to regulate the recreational activities of Wheat Ridge Seniors, that is ridiculous If the commission addresses issues such as safety and housing, it is a legitimate function and she is for it. Don't dismantle the Senior Advisory Committee Motion by Mrs Fields that Council Bill 13 be approved on first reading, ordered published, public hearing be set for Monday, April 28, 1997 at 700 p.m in City Council Chambers, Municipal Building, and if approved on second reading, take effect upon passage, seconded by Mrs Dalbec Motion by Mrs Worth that this Ordinance is not intended to circumvent the activities committee, known as the Senior Advisory Committee at the Community Center and that all funds raised by the participants to support the Community Center be administered in the future as it has been in the past; seconded by Mr DiTullio CITY COUNCIL MINUTES March 31, 1997 Page -4- Mr DiTullio called for the question, seconded by Mrs Worth carried 7-1 with Mr Solano voting no Mrs Worth' amendment carried 6-2 with Mr Eafanti and Mr Solano voting no Motion by Mr Solano to postpone this and discuss it at a Study Session, seconded by Mrs Fields, failed 3-5 with Councilmembers Solano, Fields, and Eafanti voting yes Motion by Mr Siler for an amendment to the primary motion to change Council Bill 13, Section 4 c 2) to read as follows "to seek citizen advice and support, and to provide advice to the City Council and City staff regarding Senior Citizen Programs and Activities within the community; seconded by Mrs Dalbec Mr Solano called for the question, seconded by Mrs Dalbec, carried 7-1 with Mr Eafanti voting no Vote on amendment failed 3-5 with Councilmembers Shaver, DiTullio, and Siler voting yes Original Motion as amended carried 5-3 with Council members Siler, Eafanti, and Solano voting no DECISIONS. RESOLUTIONS. AND MOTIONS Motion by Mrs Fields to suspend the Rules, seconded by Mrs. Dalbec; carried 8-0 Motion by Mrs Fields to move Item 9 up before Item 6, seconded by Mr DiTullio, carried 8-0 Item 9. Bid Award for Veterans Memorial Gazebo RFB #97-12 Item 9 was introduced by Mrs Fields, title and summary read by the Clerk. Gary Wardle presented the staff report. Greg Feudner DAV, 4901 Marshall Street, gave update on fundraising activities at the DAV He assured Council that the money for the gazebo will be paid back eventually CITY COUNCIL MINUTES March 31, 1997 Page -5- Motion by Mrs Fields that the All Veterans Memorial Gazebo (RFB #97-12) be awarded to Conner Construction Company in the amount of their bid of $45 524 I further move that a contingency in the amount of $4,000 be established. I further move that $23,443 be transferred from the General Fund Balance, to the Tree Planting, Parks & Recreation Donation Fund Acct. No 34-603-862 (Park Amenities) Said appropriation to be considered a loan from the City of Wheat Ridge to be repaid at the earliest opportunity from grants or fundraising activities for the Veterans Memorial Gazebo I further move that the Director of Parks and Recreation be authorized to issue change orders up to the total contract and contingency amounts and that the total cost of this project of $49,524 be charged to the Tree Planting, Parks & Recreation Donation Fund Acct. No 34-603-862 (Park Amenities) 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 Solano, carried 7-1 with Mr Siler voting no Item 6. Resolution 1593 - approving a Conservation Easement and Assumption Agreement for the purpose of wetlands mitigation Resolution 1593 was introduced by Mr Solano, title read by the Clerk. Greg Jeffrays, President of the general construction firm that is constructing all the facilities for the Chesrown Motorgroup in the Metro area, and is also personally spearheading this particular action on this wetlands mitigation He introduced Tim Brown, Erik Olgeirson, and Doug McKennon who have worked with him in various capacities on this project. Mr Jeffrays gave background on this property and the subsequent plan to move the wetlands to the Wheat Ridge Greenbelt West Lake Tim Brown, Erik Olgeirson and Doug McKennon gave mitigation plan details and answered questions. Motion by Mr Solano for the adoption of Resolution 1593 with the following condition that no activity be undertaken in the wetland area on the 35th & Wadsworth site prior to May 15, 1997, Chesrown shall develop the new wetlands as shown on Exhibit 2 at the minimum, irrespective of the requirements of the US Army Corps of Engineers, seconded by Mr DiTullio Motion by Mrs Worth that no construction take place on the new wetlands prior to May 15, 1997, seconded by Mrs Dalbec, failed 2-6 with Councilmembers Worth and Dalbec voting yes Vote on original motion carried 8-0 CITY COUNCIL MINUTES March 31, 1997 Page -6- Motion by Mrs Worth that no fishing or recreational uses be allowed in this new wetland area forever; seconded by Mrs Fields. Motion by Mrs Dalbec to postpone this until we have more information and can talk to a naturalist; seconded by Mr Siler; carried 5-3 with Councilmembers Worth, Fields, and Eafanti voting no Item 7. Designation of official City Newspaper Item 7 was introduced by Mr DiTullio, title and summary read by the Clerk. Robert Olson, publisher of "The Chronicle" and John Tracy, publisher of the "Transcript" gave presentations Mr Siler asked the City Clerk, who is in charge of legal publications, what her concerns were regarding publications. She stated her requirements and concerns Motion by Mrs Dalbec to suspend the Rules and allow her to read a letter into the record, seconded by Mrs Worth, carried 7-1 with Mr Siler voting no Mrs Dalbec then read a letter from Louise Turner, who wrote in favor of publishing the legals in the Chronicle Motion by Mrs Dalbec to suspend the Rules and go past 11 00 pm and finish the Agenda, seconded by Mrs Worth, failed 5-3 with Councilmembers Solano, Eafanti, and Siler voting no (This needed a 6 vote majority to pass) Motion by Mr DiTullio that the agreement with the Transcript Newspaper to serve as the City's official publication be extended for a period of six months, seconded by Mr Siler; tied 4-4 with Councilmembers Shaver, Siler, DiTullio, and Eafanti voting yes Mayor Wilde broke the tie by voting yes Motion carried 5-4 Motion by Mr Solano to continue this meeting to the next City Council Meeting Study Session on April 7,1997, seconded by Mr DiTullio, carried 7-1 with Mrs Dalbec voting no Motion by Mr Solano to adjourn, seconded by Mr Eafanti, carried 7-1 with Mrs Shaver voting no Meeting adjourned at 11 05 P m. CITY COUNCIL MINUTES March 3l, 1997 Page -7- APRIL 7,1997 - CITY COUNCIL MEETING OF MARCH 31,1997 CONTINUED The Continued City Council Meeting 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 Tony Solano Claudia Worth was absent due to illness 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 Public Works, Bob Goebel, staff; and interested citizens Item 8. Bid Award for heating/air conditioning units (Teen Center) RFB #97-09 Motion by Mr DiTullio that the Heating/Air Conditioning Units for the Teen Center be awarded to Hi Teck Heating & Cooling in the amount of their bid of $29,300 and that all costs be charged to the General Fund, Acct. No 01-602-774 I further move that $14,300 be transferred from the General Fund, Fund Balance to Acct. No 01-602-774 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. Shaver; carried 7-0 Item 10. Bid Award for Public Works Shops Auxiliary Building RFB #96-28 Motion by Mr DiTullio that the Public Works Shops Auxiliary Building (RFB #96-28) be awarded to Barba & Sons Construction, Inc in the amount of their revised bid of $101,392 further move that a contingency in the amount of $26,505 be established, which includes $6,750 for water and sewer taps, $9,616 for the fence from Arbor Fence Company, Inc , and 10% of the base bid in the amount of $10,139 I further move that $27,897 be transferred from the Capital Fund Balance, to the Capital Improvement Fund Acct. No 30-305-812 (Public Works Shop Building Improvements) I further move that the Director of Public Works be authorized to issue change orders up to the total contract and contingency amounts and that the total cost of this project of $127,897 be charged to the Capital Improvement Fund Acct. No 30-305-812 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 Solano, carried 7-0 Item 11. Approval of 1997 outside agency contributions. Motion by Mrs Fields for approval of the 1997 outside agency contributions in the total amount of $19,500 as presented; seconded by Mr DiTullio, carried 7-0 CITY COUNCIL MINUTES March 31, 1997 Page -8- Item 12. Approval of 1997 City Manager Salary Motion by Mrs Dalbec that the City Manager's 1997 annual salary be adjusted to reflect an increase of 2 5% retroactive to January 1, 1997, seconded by Mr Siler; carried 4-3 with Councilmembers DiTullio, Eafanti, and Solano voting no Motion by Mr Solano to award a merit increase of 0 6%, seconded by Mr Eafanti, carried 5- 2 with Mrs Shaver and Mrs Dalbec voting no Item 13. Approval of Expenditure Items Motion by Mr DiTullio 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 7-0 Item 14. Discussion on tree trimming standards. Council discussed the various problems with contractors hired by Public Service Company to trim trees under power lines They suggested several possible solutions to these problems some type of permit that would specify what they can do with trees and charge them an appropriate amount in that permit process to replace some of the trees and move them out of the right-of-way; contact homeowners and discuss what is being done with their trees, have Arborist Board write up regulations addressing standards for this trimming, use higher poles instead of cutting trees Tom Slattery, 6869 West 32nd Avenue, stated he has read the franchise agreement between the City of Wheat Ridge and Public Service Company and it states that Public Service will respect the aesthetic character of the trees He recommended that Council act quickly on this because they are already out there trimming Motion by Mrs. Fields that the matter of tree trimming standards be referred to the Arborist Board so that in conjunction with the City Arborist appropriate standards for the community can be developed and presented to Council for approval, seconded by Mr Eafanti Mr DiTullio asked for a friendly amendment that this come back to Council by June 1 This was accepted by motion-maker and second Mr Solano asked for a friendly amendment that City Council's comments of this evening be passed on to the Arborist Board This was also accepted. Motion carried 7-0 CITY COUNCIL MINUTES March 31, 1997 Page -9- CITY MANAGER'S MATTERS Mr Middaugh distributed Policies and Procedures for Neighborhood Traffic Management Program (NTMP) He asked if Council was interested in assembling a team of persons to attend the National League of Cities meeting, there are some very interesting items that will be addressed with excellent speakers The cost for three people might be $3,500 Reservations would have to be made by April 11 ELECTED OFFICIALS MATTERS Wanda Sang asked that Council, due to the number of applications, change their previous ruling to hold liquor hearings only on the third Monday every month and to schedule liquor items on the second, third and fourth Mondays Mrs Shaver so moved, seconded by Mrs Dalbec Motion was withdrawn Motion by Mrs Dalbec to change the Council Rules to allow the Clerk's Office on hardship cases or in cases where there are too many liquor hearings for us to hear on the third Monday, to request from Council that we place them on a sooner regular meeting or study session date, seconded by Mrs. Fields, failed 2-5 with Mrs. Fields and Mrs Dalbec voting yes. Janelle Shaver asked that Mr Middaugh include in the next CAP letter a feature, she would prefer front page article, about the Federal Fair Housing Act and what it means the community; get the word out to people that there are types of group homes that nobody can do anything about; no elected official should have to take heat over something that they can't do anything about. Jerry DiTullio had phone calls from constituents regarding if a second is needed for a call for the question, and also Council making several amendments in a row before voting on one at a time He liked the CAP newsletter He asked that EDARC become a fullflegded Commission Jean Fields reported on changes on the Comprehensive Plan Committee due to recent Board and Commission appointments The Committee has requested that Mr Donaldson be allowed to remain on the committee Motion by Mrs Fields to allow Mr Donaldson to continue on the Comprehensive Plan Committee, seconded by Mr DiTullio, carried 5-2 with Mr Siler and Mr Eafanti voting no Mr Eafanti would prefer to have somebody from District III representing District III Mrs Fields requested that discussion of the West Chamber Wheat Ridge Issues Forum be placed on the next Agenda. CITY COUNCIL MINUTES March 31, 1997 Page -10- Teri Dalbec asked that we have a joint meeting of Planning Commission and City Council and any interested businesses in the Industrial Zoning area that are concerned to talk about issues and concerns Mr Middaugh suggested a date of Thursday, April 24, 1997 at 700 p.m Don Eafanti reminded everybody of the Kite Flying Contest this Sunday at Paramount Park. Motion by Mr Solano to adjourn, seconded by Mr Eafanti, carried 6-1 with Mr Solano voting no Meeting adjourned at 9'00 p m '," ~f' /) . Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON APRIL 14,1997 BY A VOTE OF ~ TO ~ --.-------..;;...., . ( 1 , \ ,~ , , __ Claudia Worth, Council President