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HomeMy WebLinkAbout08/10/1998 AUQust 10. 1998 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The Regular City Council was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Teri Dalbec, Jerry DiTullio, Lloyd Donnelly, Don Eafanti, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth Also present: City Clerk, Wanda Sang, City Treasurer, Ron Patera, City Manager, Robert Middaugh, City Attorney, Gerald Dahl, Director of Parks & Recreation Gary Wardle, Director of Planning, Alan White, Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES OF July 27 1998, Regular Meeting August 3, 1998 Special Meeting Motion by Mr Eafanti for the approval of the July 27, 1998 Regular Meeting Minutes, seconded by Mrs Shaver; carried 8-0 Motion by Mr Eafanti for the approval of the August 3, 1998 Special Meeting Minutes, seconded by Mrs Shaver; carried 7-0 with Mrs Dalbec abstaining CITIZENS' RIGHT TO SPEAK Rae Jean Behm co-chair for the 29th Annual Carnation Festival, gave update on the Festival and thanked the sponsors Jerry Watson, 3390 Garrison Street, representing the Community Services Committee from the Wheat Ridge Rotary Club, offered the City of Wheat Ridge $31,000 toward expanding the size of the Community Room in the proposed Recreation Center The added space will make the room more comfortable for community use and will also allow the installation of cabinets and sinks in the room. They will solicit other services and community groups and businesses in generating the $31,000 and are committed to raising this money regardless of others involvement. They ask to be allowed five years to raise the money and be recognized for their Club's efforts in the room itself Motion by Mrs Worth to accept the generous donation of the Rotary Club for $31,000 for the Rec Center community room and the City will put up a plaque recognizing the Rotary Club and the Rotary Club will submit the wording to go on the plaque, that the City front the $31,000 out of the General Fund and that be paid back over a period of five years, seconded by Mr Eafanti carried 8-0 CITY COUNCIL MINUTES August 10,1998 Page - 2 - UNFINISHED BUSINESS FROM JULY 27.1998 MEETING Item 6. Consider various appointments to the Liquor Authority Mr DiTullio stated he will not support any Liquor Authority applicant that has been a party to a lawsuit against the City of Wheat Ridge and cost the taxpayers money Mrs Worth concurred with Mr DiTullio Motion by Mr Donnelly to appoint Dan Wilde to the Liquor Authority to represent District I, seconded by Mr Eafanti tied 4-4 with Councilmembers Donnelly, Siler Eafanti, and Mancinelli voting yes. Mayor broke the tie by voting yes Motion carried 5-4 Motion by Mr Donnelly to appoint Harry Williams to the Liquor Authority to represent District I, seconded by Mr Mancinelli, carried 6-2 with Mrs Worth and Mrs Dalbec voting no Motion by Mr Siler to appoint Kent Davis to the Liquor Authority to represent District II, seconded by Mr Mancinelli, carried 8-0 Motion by Mr Siler to appoint Frank Sanzalone to the Liquor Authority to represent District II, seconded by Mr Mancinelli, carried 8-0 Motion by Mr Eafanti to appoint Laura Leprino to the Liquor Authority to represent District III, seconded by Mr Mancinelli; carried 8-0 Motion by Mrs Shaver to appoint Mark Roberts to the Liquor Authority to represent District III, seconded by Mr DiTullio, tied 4-4 with Councilmembers Shaver, Worth, DiTullio, and Dalbec voting yes Mayor broke the tie by voting no Motion failed 5-4 Motion by Mr Eafanti to appoint George Langdon to the Liquor Authority to represent District III, seconded by Mr Donnelly' tied 4-4 with Councilmembers Shaver, DiTullio, Worth, and Dalbec voting no Mayor broke the tie by voting yes Motion carried 5-4 Mrs. Worth made a statement that she cannot vote for Mr Langdon to serve on the Liquor Authority or any other board he has sued the City to prevent the citizens from voting on Campaign Reform and he sued a citizen for speaking out at a City Council Meeting because he didn't like what they said She can't imagine what he'd be like on a liquor board, but doesn't think those kind of people that use the courts for vindictiveness is a appropriate to serve on any of our boards and commissions CITY COUNCIL MINUTES August 10,1998 Page - 3 - Motion by Mrs Worth to appoint Rocco Gioso to the Liquor Authority to represent District IV, seconded by Mr Eafanti, carried 8-0 Motion by Mrs Dalbec to appoint Sam Trujillo to the Liquor Authority to represent District IV, seconded by Mrs Worth, tied 4-4 with Councilmembers Shaver, Worth DiTullio and Dalbec voting yes Mayor broke the tie by voting no Motion failed 5-4 Motion by Mrs Dalbec to appoint Judy DiCroce to the Liquor Authority to represent District IV seconded by Mrs. Worth, carried 7-1 with Mrs Worth voting no Terms of Office for the Liquor Authority will be staggered for 2 year and 3 year terms. The 3 year term members were drawn by lot. Mr DiTullio asked that each person's term be voted on separately Motion by Mr Siler that consistent with the drawing of lots the term for Harry Williams be set for 2 years, expiring March 2,2000; seconded by Mr DiTullio, carried 7-1 with Mrs Dalbec voting no Motion by Mr Siler that consistent with the drawing of lots the term for Kent Davis be set for 2 years, expiring March 2, 2000, seconded by Mr Mancinelli, carried 8-0 Motion by Mr Siler that consistent with the drawing of lots the term for George Langdon be set for 2 years, expiring March 2 2000; seconded by Mr Mancinelli, tied 4-4 with Councilmembers Dalbec, Worth, Shaver and DiTullio voting no Mayor broke the tie by voting yes Motion carried 5-4 Motion by Mr Siler that consistent with the drawing of lots the term for Judy DiCroce be set for 2 years, expiring March 2, 2000, seconded by Mr Mancinelli, carried 7-1 with Mrs Worth voting no Motion by Mr Siler that consistent with the drawing of lots the term for Dan Wilde be set for 3 years, expiring March 2, 2001, seconded by Mr Donnelly; tied 4-4 with Councilmembers Donnelly, Eafanti, Siler, and Mancinelli voting yes Mayor broke the tie by voting yes Motion carried 5-4 Motion by Mr Siler that consistent with the drawing of lots the term for Frank Sanzalone be set for 3 years, expiring March 2 2001, seconded by Mr Mancinelli, carried 6-2 with Mr DiTullio and Mrs Worth voting no CITY COUNCIL MINUTES August 10,1998 Page - 4 - Motion by Mr Siler that consistent with the drawing of lots the term for Laura Leprino be set for 3 years, expiring March 2, 2001 seconded by Mr Mancinelli carried 8-0 Motion by Mr Siler that consistent with the drawing of lots the term for Rocco Gioso be set for 3 years expiring March 2, 2001, seconded by Mr Mancinelli, carried 8-0 Motion by Mr DiTullio that the effective date to fully constitute and train the members of the Liquor Licensing Authority be set as on or before August 29 1998, seconded by Mr Siler; carried 6-2 with Mrs Worth and Mrs Dalbec voting no Item 7. Resolution 1670 - in support of the Save Open Space (SOS) proposal to acquire Open Space Re.solution 1670 was introduced by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler for approval of Resolution 1670 seconded by Mr DiTullio Motion by Mr DiTullio to add an amendment to the Resolution to read "Now, Therefore provided there is not a required match of City funds for acquisitions"; seconded by Mr Mancinelli. Motion by Mrs. Worth to postpone action on Resolution 1670 until language for the ballot title is available, seconded by Mrs. Dalbec, carried 6-2 with Mr DiTullio and Mr Mancinelli voting no Item 9.A. Amendments to the City of Wheat Ridge Personnel Policies and Procedures Motion by Mr DiTullio that the proposed amendments to Section 15 of the City of Wheat Ridge Personnel Policies and procedures be approved, seconded by Mrs Dalbec; carried 8-0 Item 9.B. Amendment to the Compensation Schedule (Animal Parks Enforcement Officer) Motion by Mr DiTullio that the Compensation Schedule be amended to move the position of Animal Parks Enforcement Officer to a pay grade 24A effective January 1, 1998, seconded by Mr Siler Mr Middaugh explained that this would constitute an approximate 2% upward adjustment CITY COUNCIL MINUTES August 10,1998 Page - 5 - Motion by Mrs. Worth to postpone this until further information can be provided seconded by Mrs Dalbec; failed 2-6 with Councilmembers Worth and Shaver voting yes Mr DiTullio called for the question, carried 7-1 with Mrs Shaver voting no VoJe on original Motion tied 4-4 with Councilmembers Shaver, Dalbec DiTullio, and Worth voting no Mayor broke the tie by voting yes Motion carried 5-4 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Request for approval of a two-lot minor subdivision on property located at 10911 through 10917 West 44th Place (Case No MS-98-2) (Chester Holstein) Item 1 was introduced by Mrs Worth title read by the Clerk. Applicant, Chester Holstein was present and asked for approval of his application Alan White was sworn in by the Mayor and presented the staff report. Motion by Mrs Worth that Case No MS-98-2, a request for approval of a two-lot minor subdivision on property located at 10911-17 West 44th Place be approved for the following reasons 1 It will fulfill the conditions of Vacation Ordinance 1106 2 It will allow the eastern portion of the property to be developed 3 All requirements of the Subdivision Regulations have been met. With the following condition That the fire hydrant requested by the Arvada Fire District be placed no later than after the foundation has been constructed, seconded by Mr Eafanti Motion by Mrs Shaver for an amendment that park land dedication of 5% of the land be allocated to the City; seconded by Mrs Dalbec, tied 4-4 with Councilmembers Shaver, Worth, Dalbec, and DiTullio voting yes Mayor broke the tie by voting no Failed 5-4 Original Motion carried 7-1 with Mrs Shaver voting no Motion by Mrs Dalbec to suspend the Rules and move Item 4 before Items 2 and 3, seconded by Mrs Worth carried 7-1 with Mr Mancinelli voting no CITY COUNCIL MINUTES August 10,1998 Page - 6 - Item 4. Council Bill 28 - An Ordinance providing for the approval of rezoning from Residential-Three (R-3) to Commercial-One(C-1) on land located at 6551 West 44th Avenue, City of Wheat Ridge County of Jefferson State of Colorado (Case No WZ-98-10) (Randy's Realty) Council Bill 28 was introduced on second reading by Mr Mancinelli title read by the clerk; Ordinance No 1129 assigned Andy Cameron, representing Randy's Realty was sworn in by the Mayor and asked for approval of their application Martin Orner was sworn in by the Mayor and presented the staff report. Motion by Mr Mancinelli that Case No WZ-98-10 an ordinance zoning certain property within the City of Wheat Ridge with an address of 6551 West 44h Avenue, County of Jefferson, Colorado, as legally described in Exhibit A, to Commercial-One (C-1) pursuant to Section 26- 22, of the Wheat Ridge Code of Laws and amending the Zoning Ordinance and map to conform therewith, be approved, with associated conditions for the following reasons. 1 The proposed zoning is consistent with the City's rezoning criteria. 2 It would result in the entire property being in conformance with the Comprehensive Plan 3 There would be no significant negative impacts as a result of the zoning With the following conditions 1 Should the applicant and/or business operator choose to convert any portion of the space currently represented as security/watchman residence to commercial use, they shall be responsible for the asphalt paving of all parking areas on the site not already so paved, and the accurate striping of the minimum necessary parking spaces required for the combined additional and existing commercial use of the property per the City's Zoning Regulations The parking so provided shall also meet the criteria of the Americans with Disabilities Act. Satisfaction of this Condition shall be met prior to issuance of a Certificate of Occupancy by the City of Wheat Ridge 2 If the caretaker/security residence changes, or is converted from an accessory use the entire site shall be brought up to Commercial-One zoning landscape standards with the additional landscaping being added to the north and northwest property boundary area, seconded by Mr Siler Mrs Dalbec will not vote for this because it is very close to residential properties and she is concerned about what can happen in the future Motion by Mrs Shaver to add amend to add conditions 1 4 5 6 And 7 as recommended by staff. seconded by Mr DiTullio, carried 5-3 with Councilmembers Siler, Eafanti, and Mancinelli voting no CITY COUNCIL MINUTES August 10,1998 Page - 7 - Motion by Mrs. Shaver to amend that if the land use for the entire property is changed the applicant property owner shall apply for a PCD seconded by Mrs Dalbec' failed 5-3 with Councilmembers Dalbec, Shaver and Worth voting yes Mr Siler voted against the amendment because he feels we are singling out this property owner and requiring him to do things other developers don't have to do, putting a restriction of this can make this property difficult to sell in the future we already have codes and ordinances in place to take care of commercial property Motion by Mrs Shaver to amend that the applicant property owner shall stripe the rear parking lot; parking stalls shall be clearly striped with the handicapped symbol as required by the Americans with Disabilities Act; a total of 48 striped parking spaces shall be established and maintained, seconded by Mrs Worth, failed 5-3 with Councilmembers Shaver, Worth and DiTullio voting yes. Motion by Mrs Worth to amend that handicapped parking be provided on the site in accordance with the ADA, seconded by Mr Siler; carried 8-0 Vote on original motion as amended carried 6-2 with Mrs Shaver and Mrs Dalbec voting no Motion by Mrs Dalbec that we suspend the Rules and combine Items 2 and 3 for public hearing purposes, seconded by Mr Siler; failed 5-3 with Councilmembers DiTullio, Worth, and Mancinelli voting no This needed a super majority to pass Motion by Mrs Dalbec to suspend the Rules and hear Item 3 before Item 2, seconded by Mr Siler; failed 4-4 with Councilmembers Donnelly, Shaver, Siler, and Dalbec voting yes Motion by Mrs Shaver to suspend the Rules that Councilmembers can only speak two times on Items 2 and 3, seconded by Mrs Worth failed 5-3 with Councilmembers Shaver, Worth, and Dalbec voting yes Item 2. Approval of a Street Width designation for West 43rd Drive for the Industrial Park located at approximately 13500 West 44th Avenue (Case No SW-98-01) (44 Eldridge LLC, c/o Tom Hartley) Item 2 was introduced by Mrs Dalbec; title read by the Clerk. Applicant, Tom Hartley was sworn in by the Mayor and asked for approval Martin Orner was sworn in by the Mayor and presented the staff report. CITY COUNCIL MINUTES August 10,1998 Page - 8 - City Attorney noted that the public notices had been mailed by the Planning Department and not by the City Clerk as required in the Charter, but the people had been notified Alan White stated that evidence was in the file that notices were mailed and in fact were received by the property owners Motion by Mrs. Dalbec that Case No SW-98-1, West 43rd Drive Street Width Designation for a street design width of 52 feet from flow line to flow line at the intersection with West 44th Avenue 100 feet from flow line to flow line at the cul-de-sac bulb and 36 feet from flow line to flow line between the intersection and the cul-de-sac, to be the internal roadway for the project known as the 44th Industrial Park, be approved for the following reasons 1 Approval of the Street Width Designation is an integral element in the design and functioning of the 44h Industrial Park Planned Industrial Development (Case No WZ-98-11) 2 Approval of the Street Width Designation is required if the intersection design for West 43rd Drive at West 44th Avenue as discussed and agreed at the July 2, 1998 Planning Commission meeting for Case No WZ-98-11 (preliminary and final plat and development plan), is to function in a safe and effective manner 3 Approval of the Street Width Designation is not expected to create a negative impact to City residents, surrounding property owners or future users of West 43rd Drive 4 No public comments opposed to the approval of this street width designation have been received during the public review and comment period, seconded by Mr DiTullio, carried 8-0 Item 3. Approval of a Planned Industrial Development combined preliminary and final development plan and plat for the purpose of developing an Industrial Park located at approximately 13500 West 44th Avenue (Case No WZ-98-11) (44 Eldridge LLC, c/o Tom Hartley) Item 3 was introduced by Mrs Dalbec title read by the Clerk. Applicant, Tom Hartley, was present and asked for approval of his application Martin Orner gave the staff report. Flora Andrus, 4790 Easley Road, Golden, was sworn in by the Mayor; she is concerned that if Lot 2 is being built on, the mountain view will be gone Feels that we don't need another service station, especially a 24 hour one Asked that Council be respectful of the cemetary the neighbors to the east along 44th and the fact that this is really the entrance to Fairmount. CITY COUNCIL MINUTES August 10, 1998 Page - 9 - George Malesich, 12801 West 44th Avenue, representing Mount Olivet Cemetary Association, was sworn in by the Mayor He read a letter into the record, which objects to the proposed retail gas station, car wash, and convenience store The Catholic Church holds the cemetary ground to be sacred and feels a gas station will seriously detract from the religious ambiance John McDonald, 4498 Fig Street, Golden, was also concerned about the gas station and the acceleration lane Motion by Mr Siler to suspend the Rules and complete the Agenda Item under discussion and Item 7 And Item 10 Consent Agenda then adjourn and complete the rest of the Agenda on August 17,1998 at 600 P m before the Study Session seconded by Mr DiTullio, carried 6-2 with Councilmembers Worth and Shaver voting no Motion by Mrs Dalbec that Case No WZ-98-11, preliminary and final development plan and plat for property known as the 44h Industrial Park, including street designation of Local Industrial Roadway with a cul-de-sac length variance of 3,000 feet for West 43rd Drive (the internal roadway), be approved for the following reasons 1 Approval of the preliminary and final development plan and plat, with the recommended conditions of approval, is not expected to cause a substantial negative impact to City services or residents 2. Approval of the preliminary and final development plan is in conformance with the City's Comprehensive Plan designation for the area and the approved Outline Development Plan 3 Approval of the preliminary and final development plan and plat will result in a final development substantially similar to other light industrial development in the City of Wheat Ridge, subject to conditions following 4 Approval of the preliminary and final plat, along with the variance for cul-de-sac length, will be in conformance with the City's Subdivision Regulations 5 The cul-de-sac length has been reviewed and approved with conditions by the Fairmount Fire Protection District. With the following conditions. 1 All requirements of the City of Wheat Ride Department of Public Works shall be met prior to plat recordation 2 All requirements of the Fairmount Fire Protection District shall be met. 3 Prior to recordation of the Final Plat, incorporation of a plat note which states that no parking shall be permitted in the right-of-way of the interior roadway Prior to the issuance of any building permits, the developer shall be required to install, in a regularly spaced manner, 'No Parking' signs along both sides of the interior roadway Maintenance of said signs shall e the responsibility of the commercial property owners association 4 The applicant shall be responsible for all public improvements Said improvements shall meet the approval of the City's Public Works Director 5 Prior to recordation, a note stating 'All roof mounted equipment shall be fully screened with material approved by the Planning and Development Department so as to be not visible from the project's interior roadway', shall be included on the Preliminary and Final Development Plan CITY COUNCIL MINUTES August 10,1998 Page - 10 - 6 Prior to recordation, a note stating "Lots 1 2 or 28 shall not be used as a Service Station or Gas Station, as it is not compatible with the cemetary across 44th Avenue" shall be included on the final plat and preliminary and final development plan 7 Prior to recordation, Sheet 1 of the preliminary and final plats shall be revised to reflect the current zone district as Planned Industrial Development (PID) 8 Exhibit 8, as originally presented at the hearing on May 11 on the outline development plan, will be made part of the final development plan for recordation The plant schedule on sheet 2 shall be also revised to require 2 y,," caliper Summit Ash Corresponding changes shall be made to the text of Exhibit 8 Open Space and Landscaping sections and all the sections as presented this evening on the final development plan 9 The Declaration of Covenants and Restrictions for 44th Industrial Park shall be recorded concurrently with the platting and development plans for this case 1 0 All the buildings on Lots 1, 2, or 28 will be designed to not have their docks be visible from 44th Avenue If the gas station is approved it will be on another lot in the plan, seconded by Mrs Worth Mr Siler asked for a friendly amendment under condition 8 to add "amend Item 12 to read 'roof and/or building mounted or freestanding with monopole power telecommunications facility pursuant to Code Section 26-30 (T) (3) as a final plan amendment' Mrs Dalbec and second accepted this Mr Mancinelli asked for an amendment that condition 6 read 'Prior to recordation, a note stating Upon the development of Lot 2, a site plan must be approved by the Planning Commission for layout, screening and building materials so that this lot will be developed in a manner compatible with the Mount Olivet Cemetary to north and the concerns of nearby residents need to be addressed and shall be included on the final plat and preliminary and final development plan, seconded by Mr Donnelly; tied 4-4 with Councilmembers Donnelly, Siler, Eafanti, and Mancinelli voting yes Mayor broke the tie by voting no Motion failed 5-4 Mr Siler moved for an amendment to Exhibit 8, dated May 11, 1998, Item 8 to strike "except banks and other financial institutions"; seconded by Mrs Worth, carried 8-0 Original Motion as amended carried 8-0 Item 7. Approval of Expenditure Items Motion by Mr Siler 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 Mancinelli; carried 8-0 CITY COUNCIL MINUTES August 10,1998 Page - 11 - Item 10. Consent Aaenda. A. Authorization to repair City Hall well 8 Resolution 1673 - revising the City's investment policy and guidelines for investment of City funds by the City Treasurer and amending Resolution 1653 C Resolution 1674 - authorizing the appropriate City Officials to execute an Intergovernmental Agreement by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado, regarding the administration of their respective duties concerning the conduct of the coordinated election to be held on November 3, 1998 D Resolution 1675 - authorizing the appropriate City Officials to execute an Intergovernmental Agreement by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado, regarding the administration of their respective duties concerning the mailing of notices relating to the City of Wheat Ridge s election to be held on November 3, 1998 E. Arbitrage Consulting Services Motion by Mrs Worth to approve the Consent Agenda, seconded by Mr Siler; carried 8-0 Motion by Mr Siler to adjourn, seconded by Mr Mancinelli, carried 7-1 with Mrs. Shaver voting no Meeting adjourned at 12 10 a m CITY COUNCIL MINUTES August 10, 1998 Meeting continued on August 17, 1998 at 600 p m Page - 12 - The continued meeting was called to order by Mayor Cerveny at 6 00 P m Councilmembers present: Teri Dalbec, Jerry DiTullio, Lloyd Donnelly (arrived at 6 49 pm), Don Eafanti, Ralph Mancinelli, Janelle Shaver, Ken Siler (arrived at 6 47 pm) and Claudia Worth Also present: City Clerk, Wanda Sang City Treasurer, Ron Patera City Manager Robert Middaugh, City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle Motion by Mrs. Dalbec to put Resolution 1670 on the August 24 Agenda (ballot language is now available), seconded by Mr Eafanti; carried 6-0 ORDINANCES ON FIRST READING Item 5. Council Bill 29 - An Ordinance correcting a typographical error in Section 16-88 Missiles Council Bill 29 was introduced on first reading by Mrs Worth, title read by the Clerk. Motion by Mrs Worth that Council Bill 29 be approved on first reading, ordered published, public hearing be set for Monday, September 14,1998 at 700 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Mancinelli, carried 6-0 Item 6. Council Bill 30 - An Ordinance amending the Wheat Ridge Code of Laws to provide for increased penalties for traffic violations Council Bill 30 was introduced on first reading by Mrs Dalbec, who also read the title Motion by Mrs Dalbec that Council Bill 30 be approved on first reading, ordered published, public hearing be set for Monday, September 14, 1998 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, that the second version provided by Mr Dahl be published, with the minimum fine $2500 and the maximum fine $1,000; seconded by Mrs Worth Motion by Mr Eafanti to amend the effective date to be immediately upon passage, seconded by Mr Mancinelli, carried 6-0 Motion as amended carried 6-0 CITY COUNCIL MINUTES August 10, 1998 DECISIONS. RESOLUTIONS. AND MOTIONS Page - 13 - Item 8. Resolution 1672 - authorizing the Mayor and City Clerk to sign the Baseball Park Agreement, the Baseball Park Grant Agreement, and the Escrow and Disbursement Agreement for the construction of the Kurt Manwaring Baseball Field Resolution 1672 was introduced by Mr Mancinelli title read by the Clerk. Motion by Mr Mancinelli for the adoption of Resolution 1672 I further move that $15,000 be transferred from the Conservation Trust Fund Balance to Acct. 54-601-862 for purposes of a contingency account for expenditures for the construction of the Kurt Manwaring Baseball Field to be used by the Director of Parks and Recreation and that he be authorized to issue change orders up to the total contingency amount of $15000 and all costs be charged to Acct. 54-601-862 I further move that the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1998 and 1999 for this project in accordance with Ordinance No 787, 1989 Series I further move the parking lot be paved as part of phase two construction on the project; that the words "City Treasurer" be added to notices on page 4 of the Escrow and Disbursement Agreement; seconded by Mr DiTullio, carried 8-0 Item 9. Discussion of rental income from Jaidinger property Motion by Mr Siler that the rental income from the Jaidinger Property be transferred to the Tree Planting, Parks & Recreation Donation Fund I further move this money be used to pay for a portion of the construction cost of the baseball and soccer field to be built on this property during phase 2 of the Sports Complex construction, seconded by Mr Mancinelli; carried 8-0 Mr Wardle stated that phase 1 does not include any of the demolition of the buildings and that is why is was not included as part of this approval The demolition of the buildings will come back to Council as part of phase 2 construction Motion by Mrs Dalbec that this Agenda Item and the information that Council received concerning the rental properties for the Jaidinger property be taken to the Parks Commission and if they have any further recommendations for the money as its transferred to the planting parks and recreation donation fund, if they like to see it spent in some way other than construction cost for the baseball and soccer fields they would give us their recommendation, seconded by Mrs Worth carried 5-3 with Councilmembers Donnelly DiTullio and Mancinelli voting no CITY COUNCIL MINUTES August 10,1998 CITY MANAGER'S MATTERS Page-14- Mr Middaugh asked if Council had any recommendations for the Boards and Commissions dinner this year Consensus was to hold it at the Arvada Center, with entertainment and dinner Mrs Worth and Mr Eafanti will work on that. CITY ATTORNEY'S MATTERS Motion by Mrs Worth that City Council go into Executive Session after the Study Session tonight under Section 5 7 (b)(1) and adjourn thereafter; seconded by Mr Eafanti, carried 6-2 with Mr Siler and Mr DiTullio voting no ELECTED OFFICIALS MATTERS Motion by Mrs Shaver to add an Item to the Executive Session under Section 57 (b)(1) of the Charter; seconded by Mrs Worth, carried 7-1 with Mr Mancinelli voting no Motion by Mr DiTullio that Public Works Department accelerate the process of flushing out the water wells on 34th Avenue between Webster and Teller Streets, seconded by Mrs Worth Motion by Mrs Shaver to amend to instruct staff to immediately (within 7 days) contact the Army Corps of Engineers on the telephone and in writing for the purposes of finding mitigating solution to this problem, seconded by Mrs Dalbec; carried 8-0 Motion by Mrs Dalbec to amend that the cost of flushing these properties would be addressed with Chessrown in any future negotiations or discussions of the water problems that have been caused by Chessrown development; seconded by Mrs Shaver; carried 8-0 Motion by Mr Donnelly to amend that the City's total financial exposure not exceed $1,800 per well, seconded by Mrs Dalbec; carried 8-0 Vote on original motion as amended carried 8-0 CITY COUNCIL MINUTES August 10,1998 Page - 15 - Motion by Mr DiTullio to adjourn, seconded by Mr Mancinelli, carried 8-0 Meeting adjourned at 8 20 P m ~4~~ Wanda Sang, City erk APPROVED BY CITY COUNCIL ON AUGUST 24,1998 BY A VOTE OF ~ TO ~ ........ (iJ' _.".. . ~A, -;,.- .. ,-" Don Eafanti, Council Pre'Stdent !- l