The URL can be used to link to this page

Home My WebLink About12/13/1999 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building December 13. 1999 The Regular City Council was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Jerry DiTullio, Vance Edwards, Odarka Figlus, Harry Hanley, Ralph Mancinelli Janelle Shaver, Ken Siler, and Claudia Worth Also present: City Clerk, Wanda Sang City Treasurer, Ron Patera, Acting City Manager/Chief of Police, Jack Hurst; City Attorney, Gerald Dahl, Director of Planning, Alan White, Director of Parks and Recreation, Gary Wardle, Director of Public Works, Bob Goebel, staff; and interested citizens. APPROVAL OF MINUTES OF November 22,1999 Motion by Mr DiTullio for the approval of the Minutes of November 22, 1999, seconded by Mr Mancinelli, carried 8-0 CITIZENS' RIGHT TO SPEAK William Peterson, 6601 W 26th Ave, thanked the Mayor and Council for supporting the Little League World Series Manwaring Field, Municipal Building Christmas lights, the garden area at 38th and the Newland Street construction Chuck Bourg, 10909 W 30th Ave, student at Wheat Ridge High School, spoke of the Police presence at the school and occasional overzealous tactics used at the school in enforcing certain laws Mr Siler asked Mr Bourg to make an appointment with Chief Hurst to discuss specifics PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 17, An Ordinance vacating an unused portion of Public Right-Of- Way for a portion of Simms St. (Adjacent to 4455 Simms St.) Within the City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WV-99-03) and Public Hearing Case No WS-99-01 (Jim Turgeon, et.al ) Item 1 was introduced by Mr DiTullio, who also read the title and summary CITY COUNCIL MINUTES DECEMBER 13,1999 Page - 2 - Motion by Mr DiTullio that the second reading of Council Bill 17 be continued to Monday, December 20, 1999, and that the Public Hearings for Case No WS-99-01 and Case No VW- 99-03 be continued until December 20 1999 so that the drainage report can be finalized, seconded by Mr Edwards, carried 8-0 Item 2. Council Bill 20 - An Ordinance approving disposition by demolition of a City- Owned Building (9120 West 44th Ave) Item 2 was introduced by Mr DiTullio, who also read the title and summary; Ordinance 1179 was assigned by the Clerk. Motion by Mr DiTullio for approval of Council Bill 20, seconded by Mrs Worth Mrs Shaver stated that the building should not be torn down, rather it should be used for storage Mr Mancinelli agrees that the building should not be torn down Mr Hanley questioned the condition of the building Motion by Mr Edwards that Council Bill 20 be postponed and referred to the City Affairs Committee in order to review the condition of the building and answer Council's questions and concerns, seconded by Mr DiTullio, carried 7-1 with Mr Siler voting no ORDINANCES ON FIRST READING Item 3. Council Bill 36 - An Ordinance providing for the rezoning from Agricultural One, A-1, to Planned Commercial Development, PCD, of certain property generally located at the southwest corner of the Interstate 70 and Tabor Street Intersection within the City of Wheat Ridge, Colorado, pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws (Case No WZ-99-09) (Trailer Source) Council Bill 37 - An Ordinance providing for the approval of a first amendment to To the Tabor Development planned Commercial Development (PCD) Outline and Final Development Plan located at 4651 Tabor Street Intersection within the City of Wheat Ridge, Colorado, pursuant to Section 26-25(IX) of the Wheat Ridge Code of Laws (Case No W-99-09)(Trailer Source) Item 3 was introduced on first reading by Mr DiTullio who also read the title and summary CITY COUNCIL MINUTES DECEMBER 13,1999 Page - 3 - Motion by Mr DiTullio for approval of Council Bill 36 and Council Bill 37 on first reading, ordered published, public hearing be set for Monday January 10, 2000, at 7 00 P m in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Edwards, carried 8-0 Item 4 Council Bill 38 - An Ordinance concerning a correction to the amendments to the Wheat Ridge Code of Laws to provide for increased penalty limits Item 4 was introduced on first reading by Mrs Worth title and summary read by the Clerk. Motion by Mrs Worth that Council Bill 38 be approved on first reading, ordered published, public hearing be set for Monday, January 10, 2000, at 7 00 P m in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr DiTullio, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Request for payment, Walgreens Development, 44th Avenue and Wadsworth Blvd Item 5 was introduced by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler to authorize payment in the amount of $157,28362 to Reliance Development Company, LLP for the City's portion of the 44th and Wadsworth Improvement Project, and that $58,052 00 be transferred from the Traffic Improvement account #30-304- 843 to the Public Improvement Account 30-303-851, and further moved that payment be made from account #30-303-851, Public Improvement Projects, seconded by Mr Mancinelli, carried 8-0 Item 6. Purchase of Traffic Signal Equipment. Item 6 was introduced by Mrs Shaver; title and summary read by the Clerk. Motion by Mrs Shaver that the purchased for Traffic Signal Equipment, as part of the Traffic Signal Improvement Project, be made to five manufacturers and/or their representatives for a total cost of $58,103 00 and that a not to exceed amount be allocated for shipping costs in the amount of $50000 and further moved that all costs associated with the purchase be paid from account number 30-304-843 and that these funds be encumbered for the length of the project in accordance with Ordinance #787,1989 series, seconded by Mrs Worth, carried by 8-0 CITY COUNCIL MINUTES DECEMBER 13,1999 Page - 4 - Item 7. Bid Award for the 1999 Traffic Signal Improvement Project (RFB #99-26) Item 7 was introduced by Mrs Shaver, title and summary read by the Clerk. Motion by Mrs Shaver that the 1999 Traffic Signal Improvement Project, Project T-04-99 (RFB #99-26) be awarded to WL Contractors, I nc , in the amount of their bid of $129 885 00 and further moved that a contingency account be established in the amount of $12,989 00, and further moved that an early completion incentive bonus (2% of their bid) of $2,598 00 be established for the contract, and further moved that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $142,87400, and further moved that all costs associated with the purchase be paid from account number 30- 304-843 and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 series, seconded by Mrs Worth, carried 8-0 Item 8. Appointments to various Boards/Agencies Item 8 was introduced by Mr Siler; who also read the title and summary Motion by Mr Siler to appoint Ralph Mancinelli to serve as the City's representative to Denver Regional Council of Governments (DRCOG), seconded by Mr Edwards Motion by Mrs Worth for an amendment to the Motion for Mr Siler to attend the DRCOG December Meeting and Mr DiTullio be the official representative until Mr Mancinelli can resume his duties on the DRCOG board, seconded by Mr Hanley; carried 8-0 Original Motion as amended carried 8-0 Mr Siler asked Chief Hurst to fax a memo to DRCOG accordingly Motion by Mr Siler to appoint Ralph Mancinelli to serve as the City's representative to the Jefferson County Housing Authority; seconded by Mr Edwards, carried 8-0 Motion by Mr Siler to appoint Ralph Mancinelli to serve as the City's representative to the Community Development Block Grant; seconded by Mrs Shaver; carried 8-0 Motion by Mr Siler to re-appoint Janelle Shaver to serve as the City's representative to the Community Corrections Board, seconded by Mrs Worth, carried 8-0 Motion by Mr Siler to appoint Jerry DiTullio to serve as the City's representative to the Police Seizure Fund, seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES DECEMBER 13,1999 Page - 5 - Motion by Mr Siler to re-affirm the appointment of Claudia Worth to serve as the City's representative to the Colorado Municipal League Policy Committee seconded by Mr Edwards, carried 8-0 Motion by Mr Siler to appoinUre-appoint Mayor Gretchen Cerveny to serve as the City's representative to the Management Committee for the Northwest Quadrant Feasibility Study with Vance Edwards as the alternate City representative, seconded by Mr Mancinelli, failed 3- 5 with Mr Mancinelli, Mr Hanley and Mr Siler voting yes Motion by Mrs. Worth to appoint Vance Edwards to serve as the City's representative to the Management Committee for the Northwest Quadrant Feasibility Study with Mayor Gretchen Cerveny as the alternate, seconded by Mr DiTullio, carried 7-1 with Mr Hanley voting no Motion by Mr Siler to appoint Mayor Gretchen Cerveny to serve as the City's representative to the Jefferson Economic Council, seconded by Mr DiTullio, carried 8-0 Item 9. A Motion authorizing staff to secure bids for a second appraisal and continue negotiations of the Davis Property located at 3705 Jay Street. Item 9 was introduced by Mr DiTullio, who also read the title and summary Motion by Mr DiTullio that staff be authorized to secure bids for a second appraisal and to continue negotiations for the acquisition of the Davis property located at 3705 Jay Street; seconded by Mr Edwards Motion for an amendment by Mr Siler that in the event that the second removal doesn't remove the DDT levels within the residential standards then the Davis' will reimburse the City for the amount of the second bid, seconded by Mr Mancinelli, failed 2-6 with Mr Mancinelli and Mr Siler voting yes Amendment by Mr Edwards that the Open Space and/or Park Land standards can be utilized in terms of our discussion for purchase, seconded by Mr DiTullio Motion by Ms Figlus to postpone the amendment until we see the results of the test; seconded by Mr Mancinelli Motion by Mr Siler to amend the motion by adding the words "for a period of not more than 6 (six) months"; seconded by Mr Mancinelli' tied 4-4 with Councilmembers Mancinelli, Figlus Hanley and Siler voting yes Mayor broke the tie by voting yes, carried 5-4 CITY COUNCIL MINUTES DECEMBER 13,1999 Page - 6 - Motion by Ms Figlus failed 2-6 with Mr Mancinelli and Mr Siler voting yes Mr Edwards explanation of the intent of his motion is that under the current system if we had one quarter size spot that did not exactly hit that residential standard we would not be able to consider the purchase of the land Mr Edwards has a great concern with the possibility of not being able to acquire this land for something minor At this point it looks like we are going to be able to meet that residential standard but we do not want this to fall through the cracks The intent is that we be allowed for the higher open space standard if there were to be a minor spot. Motion by Mr Siler to suspend the Rules to allow him to continue speaking to the matter one more time for 3 minutes, seconded by Mr Mancinelli, failed 3-5 with Mrs Worth, Mr DiTullio and Mr Edwards voting no Vote on Mr Edwards amendment (with explanation) to the main motion carried 5-3 with Mr Hanley, Mr Mancinelli and Mr Siler voting no Vote on original motion as amended carried 8-0 Item 10. CONSENT AGENDA. A. Mill Levy Certification for 2000 B Resolution 69 - amending the 1999 Recreation Center Fund Budget. C Resolution 71 - authorizing the submittal of the application for the 2000 Jefferson County Joint Venture Grant for the Prospect Park Bridge Replacement. D Resolution 73 - approving an Intergovernmental Agreement establishing the First Judicial district Youth Alcohol Intervention Program E. Resolution 70- amending the 1999 General Fund and Capital Fund Budgets F City Council Rules of Order and Procedure G Reappointment of Municipal Judges CITY COUNCIL MINUTES DECEMBER 13,1999 Page - 7 - H Resolution 72 - authorizing the Mayor and City Clerk to sign the Intergovernmental Agreement with Jefferson County authorizing Jefferson County to release the City of Wheat Ridge attributable share of the Jefferson County Open Space Funds to the City of Wheat Ridge for administration Design/Build Project for Court Remodel (RFP #99-25) J Naming the Community Rooms in the Wheat Ridge Recreation Center Consent Agenda was introduced by Mrs Worth, who also read the titles and summaries Motion by Mrs Worth for approval of the Consent Agenda with the exception of 10 D, H, J, F, A and I Motion by Mrs Worth to approve the Consent Agenda Items 10 B, C, E and G, seconded by Mr DiTullio, carried 8-0 Motion by Mrs Shaver to approve Consent Agenda Item 1 OA, seconded by Mr Edwards, carried 8-0 Motion by Mrs Worth to approve Consent Agenda Item 10 D , seconded by Mr Edwards, carried 8-0 Motion by Mr Edwards to approve Consent Agenda Item 10 F , seconded by Mr DiTullio Amendment by Mr Mancinelli in paragraph C ELECTED OFFICIAL MATTERS to read "At the time elected officials and staff may make comments on any subject. Time limit per elected official and staff members will be five(5) minutes "; seconded by Mr Edwards, carried 7-1 with Mrs Shaver voting no Motion by Mr Siler to fix page 13 B 5 , change from all capitals to lower case, seconded by Mrs Worth, carried 8-0 Motion by Mr Siler to fix page 14, D , to have the item be amended to include the words "the chair shall call on speakers on a rotational basis as to whether they are for or against agenda items ", seconded by Mrs Worth, tied 4-4 with Councilmembers Edwards, Mancinelli, Hanley and Siler voting yes Mayor broke the tie by voting no, failed 5-4 Motion by Mr Siler to fix page 16 A. 5 , change from all capitals to lower case seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES DECEMBER 13,1999 Page - 8 - Motion by Mrs Worth on page 17, C add another number after number 2 (and then re- number) to include the results of the Public Works Advisory Committee and the City Affairs Committee at their first meeting come up with the purpose of the Committee and re-affirm at the first of every year; seconded by Mr Siler Amendment by Mrs Shaver to list the purpose of the Committees as paragraph D under Committees, seconded by Mr Edwards carried 8-0 Motion by Ms Figlus on page 2 paragraph 4, to strike the second sentence, seconded by Mrs Shaver' tied 4-4 with Councilmembers Mancinelli, DiTullio, Hanley and Siler voting no, Mayor broke the tie by voting no, failed 5-4 Original motion as amended carried 8-0 Motion by Mrs Worth for an amendment on page 2 item 4 that each Councilmember should be allowed to speak two times for up to five minutes each time to ask questions on each agenda item, on Quasi-Judicial matters, answers to questions will not be included in the time, seconded by Ms Figlus, carried 5-3 with Mr Mancinelli, Mr DiTullio and Mr Siler voting no Motion by Mrs Worth that if the Council Rules are approved on the main Motion then, the retyped version be presented to Council on December 20, 1999, seconded by Mr Siler; carried 8-0 Motion by Ms Figlus to approve Consent Agenda Item H (Resolution 72), seconded by Mr Edwards, carried 8-0 Chief Hurst and Mia Mascitelli (Purchasing Agent) reviewed the Court remodel changes with Council Motion by Mrs Worth to suspend the rules and have Mr Siler continue with his time allocation, seconded by Mr Mancinelli, failed 5-3 with Mr Edwards, Mr DiTullio and Ms Figlus voting no (This needed a 6 vote super majority to pass) Motion by Mr Siler to approve Consent Agenda Item I, seconded by Mr Mancinelli, carried 8-0 J Motion by Ms Figlus the regular naming process be initiated for the naming of the Community Rooms at the Recreation Center to include an opportunity for the public to make suggestions during the Grand Opening activities of the Recreation Center; seconded by Mrs Worth carried 7-1 with Mr Mancinelli voting no CITY COUNCIL MINUTES DECEMBER 13,1999 Page - 9 - Item 11. Approval of Expenditure Items Motion by Mr DiTullio to approve the expenditure items, seconded by Mrs Worth, carried 8-0 ELECTED OFFICIALS MATTERS Mayor Cerveny encouraged attendance at one of the open houses for the Northwest Quadrant feasibility study being held this Tuesday from 4 00 P m to 8 00 P m at the Arvada Center, Wednesday from 4 00 P m to 8 00 P m at the Horseshoe Building at Jefferson County and asked Council to review the workshop schedule she previously distributed Mrs Sang stated that Deputy City Clerk Christa Jones will be attending the December 20, 1999, Council Meeting Mr DiTullio asked to remind everyone that the District I meetings for January and February will be held at the Community Center at 7 00 P m Mr DiTullio asked Chief Hurst to notify TCI of the December 20, 1999, Council Meeting Motion by Mr DiTullio that Mr DiTullio, Mrs Worth, Ms Figlus and Mr Siler be appointed to the City Affairs Committee, seconded by Mr Edwards, carried 8-0 Motion by Mr DiTullio that Mr Edwards, Mrs Shaver, Mr Hanley and Mr Mancinelli be appointed to the Public Affairs Committee, seconded by Mrs Worth, carried 8-0 Ms Figlus encouraged everyone to see the lights at City Hall Mrs Shaver stated that District III will not have a meeting in January Mr Mancinelli thanked Council for their consideration on the DRCOG appointment. Mr Siler stated that District II will hold their meetings for both January and February Mrs Worth stated that the February meeting for District IV will be at the Teen Center rather than Foothills Academy Motion by Mr Siler for adjournment; seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES DECEMBER 13, 1999 Page - 10 - Meeting adjourned at 10'00 P m , )J- il1(,i, 4",>=- Wanda Sang, City ClerK APPROVED BY CITY COUNCIL ON DECEMBER 20,1999 BY A VOTE OF -2. TO ~ ;' /, I 1 I L---l j \ \J /1 I Jerry DiT~lIio, ouncil President The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions