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HomeMy WebLinkAbout05/08/2000 May 8. 2000 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: Jerry DiTullio, Vance Edwards, Odarka Figlus, Harry Hanley, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth Also present: Deputy City Clerk, Christa Jones, City Manager, Valerie Adams, City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Planning, Alan White, staff; and interested citizens APPROVAL OF MINUTES OF April 24, 2000 Motion by Mr DiTullio for approval of the Minutes of April 24, 2000, seconded by Mrs Shaver; carried 7-0 with Mr Siler abstaining PROCLAMATIONS Mayor Cerveny read Proclamations for National Wetlands Month - May 2000 - and Fibromyalgia Awareness Day, May 12. She stated that the City of Wheat Ridge had once again received the Tree City USA Award, this is our 21st year that we have received that award CITIZENS' RIGHT TO SPEAK Joseph IV Crows 5071 Garrison Street, has been a resident of Wheat Ridge for over 10 years now; he found it ironic that we speak of "justice for all", but he does not feel his concerns and issues have been addressed by either the Mayor or the Council, he deserves a response He questioned why his picture was posted in City Hall Vance Edwards responded that Council had the City Attorney research the matter concerning Judge Rose In 1996 Council found that no improper conduct had occurred and no further action was required, the Disciplinary Council has also conducted an investigation on Mr Crows complaint and has found no improper conduct by Judge Rose There is no reason for this Council to change the decision made in 1996, on the further complaint, Council has no authority to vacate a decision made in Municipal Court. CITY COUNCIL MINUTES May 8, 2000 Page - 2 - Linda DeBuno, 3840 Dudley Street, thanked Council on behalf of Wheat Ridge High School PT A for waiving the fee for the after prom party at the Recreation Center Kevin Petty, 2555 Balsam Street, attended the post Prom party at the Rec Center and was in awe of the place, on behalf of the students he thanked Council for waiving the fee Motion by Mrs Worth to hold an executive session under Section 5 7(b)(3) (appraisals) of the Charter after Elected Officials Matters, seconded by Mr Edwards, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 06-2000 - An Ordinance approving demolition of two municipally- owned buildings located at 6287 West 48th Place (Jaidinger house and barn) Council Bill 06-2000 was introduced on second reading by Mr Siler; title and summary were read by the Clerk; Ordinance No 1192 assigned Betty Day, 3935 Chase Street, and Susie Seeds, 6147 West 35th Avenue, spoke in favor of the demolition and asked Council to approve Council Bill 06-2000 Motion by Mr Siler that Council Bill 06-2000 (Ordinance 1192) be approved on second reading, seconded by Mr Mancinelli Motion by Mrs Worth for an amendment to change Section 2 1 to read "The City of Wheat Ridge shall remove and give to the Wheat Ridge Historical Society any artifacts they may desire", seconded by Mrs Shaver' carried 8-0 Motion by Mrs Worth for an amendment under Section 2 To read "The chicken coop to the East of the Jaidinger House be demolished in such a manner as to preserve all the hand hewn 1860 lumber", seconded by Mr Mancinelli carried 8-0 Motion by Mrs Worth that the wording in the Council Bill referring to the "Jaidinger House and barn" be changed to "the demolition of the barn and the shed or chicken coop to the East of the Jaidinger House", seconded by Mrs Shaver; failed 3-5 with Councilmembers Worth, Shaver, and Figlus voting yes CITY COUNCIL MINUTES May 8, 2000 Page - 3 - Original Motion as amended failed 5-3 with Councilmembers Worth, Shaver, and Figlus voting no This needed 6 votes to pass. Item 2. Council Bill 1999-20 - An Ordinance approving disposition by demolition of a City-owned building (9130 West 44th Avenue - 7-11 building) Council Bill 20 was introduced on second reading by Mr Hanley, who also read the title and summary Motion by Mr Hanley that Council Bill 20 be approved on second reading, seconded by Mr DiTullio Mrs Worth stated that an interest had been expressed that this building could be used for the Youth Sports Program and urged Council to defeat this motion Mr Edwards stated that he had asked at the last meeting that staff, the City Manager and Gary Wardle communicate with the Sports Associations that we would be willing to work with them provided that all the children in the corporate boundaries of the City could participate, he is willing to give that some time to happen Motion by Mr Edwards to postpone this item to the second meeting in June, seconded by Mrs Worth, carried 7-1 with Mr Hanley voting no ORDINANCES ON FIRST READING Item 3. Council Bill 14-2000 - An Ordinance providing for the approval of amendments to Section 26-25 (IV)(B)(2)(b) of Zoning Ordinance for the City of Wheat Ridge, County of Jefferson, State of Colorado (Case No ZOA-00-02) Council Bill 14-2000 was introduced on first reading by Mr DiTullio, who also read the title Motion by Mr DiTullio that Council Bill 14-2000 be approved on first reading, ordered published, public hearing be set for Monday, May 22, 2000 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 Shaver' carried 8-0 CITY COUNCIL MINUTES May 8, 2000 Page - 4 - Item 4. Council Bill 13-2000 - An Ordinance amending the Wheat Ridge Code of laws concerning the definition of criminal menacing Council Bill 13-2000 was introduced on first reading by Mrs Worth, who also read the title Motion by Mrs Worth that Council Bill 13-2000 be approved on first reading, ordered published, public hearing be set for Monday, May 22,2000 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 Mrs Shaver; carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Motion to amend the 2000 Compensation Schedule by adding the position of Economic Development Administrator Motion by Mr Siler to amend the 2000 Compensation Schedule by adding the position of Economic Development Administrator to Paygrade 6 (salary range $5,061 - $6,402) and to approve a budget appropriation from general fund unallocated reserve account #01-122-600- 640 to Acct. No 01-106-600-602 in the amount of $32,010; seconded by Mr DiTullio Motion by Mrs Worth to postpone this item to the second meeting in June seconded by Mrs Shaver; failed 3-5 with Councilmembers Worth, Figlus, and Shaver voting yes Mrs Shaver will vote against the motion because she thinks to proceed with this position at this salary prior to the completion of the organizational audit is premature Motion carried 6-2 with Councilmembers Shaver and Worth voting no Item 6. Ratification of Appointments to EDARC Motion by Mr Siler to ratify the appointment of Vance Edwards as the City Council representative to the Economic Development and Revitalization Commission, term ending April of 2005, seconded by Mr DiTullio, carried 8-0 Motion by Mr Siler to ratify the appointment of Jim Goddard as member-at-Iarge to the Economic Development and Revitalization Commission term ending April of 2005, seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES May 8, 2000 Page - 5 - Item 7. Resolution 21-2000 - endorsing the CML Executive Board Candidacy of Mayor Gretchen Cerveny Resolution 21-2000 was introduced by Mr Edwards who also read the title Motion by Mr Edwards to approve Resolution 21-2000, endorsing Mayor Cerveny as the Colorado Municipal League Executive Board candidate, seconded by Mr Siler; carried 8-0 Item 8. Approval of Mile High Compact Intergovernmental Agreement. Motion by Mr DiTullio to refer the Mile High Compact Intergovernmental Agreement to the June City Council Study Session for discussion, seconded by Mr Edwards, carried 8-0 Item 9. Resolution 22-2000 - establishing the area South of Clear Creek, from the Youngfield trail-head on the West to Kipling Street on the East, including all leased property by the city of Wheat Ridge and all property owned by the City of Wheat Ridge that is South of Clear Creek between Kipling and Youngfield a Conservation Area Resolution 22-2000 was introduced by Mrs Worth, who also read the title and summary Motion by Mrs Worth to approve Resolution 22-2000 with the following correction under NOW, THEREFORE, BE IT RESOLVED the last sentence would read or until such time as a master plan for the conservation area is drafted by the Parks Commission and approved by City Council, specifically addressing this area, seconded by Mrs. Shaver Motion by Mr DiTullio to refer Resolution 22-2000 to the Parks Commission June meeting and bring it back to City Council in July sometime, seconded by Mr Edwards, tied 4-4, Mayor broke the tie by voting yes Motion carried 5-4 with Councilmembers Worth, Shaver, Figlus and Hanley voting no Item 10. CONSENT AGENDA. A. Request for Quotation for Tree Planting (RFQ #00-004) B Contract Award to complete architectural and structural design for Phase I Improvements to Richards-Hart Estate CITY COUNCIL MINUTES May 8, 2000 Page - 6 - C Final Permanent Easement necessary to construct the 1999-2000 Drainage Improvement Project, D-CC-01-99 D Resolution 20-2000 - authorizing the Mayor and City Clerk to sign the Special Water Service Agreement with Consolidated Mutual Water Company to allow for the use of the Turner Park water tap for irrigation of the traffic island located on Parfet Street at 38th Avenue E Approval of Expenditure Items F Motion to approve US West conducting and paying for a technical structural analysis of the City of Wheat Ridge's antenna tower to determine its capabilities Consent Agenda was introduced by Mrs Worth, who also read the titles and asked to pull A. and B Motion by Mrs Worth for adoption of the Consent Agenda, seconded by Mr DiTullio, carried 8-0 A. After discussion, Mrs Worth moved that RFQ #00-004 Tree Planting, be awarded to B&M Turf, in the amount of their quote of $64 50 per tree for a not to exceed amount of $6,450 and that all costs associated with this award be paid from Acct. No 30-603-800-861, seconded by Mr Siler Mr Hanley stated that he will vote against this because being in this business, he cannot fathom how somebody can plant a tree that size for that price Motion tied 4-4, Mayor broke the tie by voting no Motion failed 5-4 with Councilmembers Edwards, Siler, Shaver and DiTullio voting yes Motion by Ms Figlus to reconsider the vote, seconded by Mr DiTullio, carried 5-3 with Councilmembers Worth, Hanley, and Mancinelli voting no Motion by Mr DiTullio that RFQ #00-004 Tree Planting, be awarded to B&M Turf, in the amount of their quote of $64 50 per tree for a not to exceed amount of $6,450 and that all costs associated with this award be paid from Acct. No 30-603-800-861, seconded by Mr Siler CITY COUNCIL MINUTES May 8, 2000 Page - 7 - Motion by Ms Figlus to postpone this item to the next City Council meeting to allow staff time to research this further; seconded by Mrs Worth, tied 4-4, Mayor broke the tie voting yes, carried 5-4 B Motion by Mrs Worth to approve a contract with Andrews and Anderson Architects in the amount of $5,072 to design the Phase I Improvement to the Richards-Hart Estate That all costs be charged to Acct. 35-601-890 That the City Manager and City Attorney be authorized to complete the agreement with Andrews and Anderson That the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 2000 for this project in accordance with Ordinance 787, 1989 series seconded by Mr Edwards, carried 8-0 COUNCIL COMMITTEE REPORTS Mrs Worth reported on the City Affairs Committee meeting, they addressed similar use regulations, they are going to expand the definition and include those for Planned Commercial Developments and create a process in Planned Commercial Developments for determining similar uses They discussed private and charter schools and instructed Mr Dahl to come back to the City Affairs Committee with more specific criteria. Mr Siler stated that prior to the City Affairs meeting, the Executive Committee for the redevelopment committee that Council has created met and they discussed the functions of the Executive Committee Motion by Mr Siler that Council give some duties to the Executive Committee that are separate from the Committee as a whole I move that Council establish the following powers, duties and conditions and functions for the Executive Committee of the Economic Committee created by Council with Resolution 14-2000 1 Develop policy and action proposals for coordination by the full committee 2 Create the Agenda for meetings of the full committee 3 Expedite, perform, or cause to be performed the decisions of the full committee, giving direction to the City staff or City Manager where appropriate 4 Other duties as assigned by the full committee or the City Council, seconded by Ms Figlus, carried 8-0 The committee established the meeting date for the full committee on May 30, 2000 at 7 00 P m He asked that everybody submit committee members names as soon as possible so that notification can be sent out to those people These names are to be turned in to the City Manager's Office Mr Edwards stated that the Public Works Advisory Committee is going on a field trip to see some of the work of the two different consultants that we are looking at to help us with our street scape process CITY COUNCIL MINUTES May 8, 2000 CITY MANAGER'S MATTERS Page - 8 - Valerie Adams distributed the Recreation Center report, the grand total so far is $515,616 76 CITY ATTORNEY'S MATTERS Motion by Mrs Worth that the Council Rule change regarding motions in quasi-judicial matters be brought to the next Council Meeting, seconded by Mr Edwards, carried 8-0 ELECTED OFFICIALS MATTERS Motion by Ms Figlus to appoint the existing City Councilmembers with the exception of the member who is appointed as the Council rep, as ex-officio non-voting members to EDARC, seconded by Mrs Worth, carried 5-3 with Councilmembers Siler, DiTullio, and Mancinelli voting no Motion by Mr Mancinelli that staff be authorized to determine the feasibility and develop a cost estimate for moving the Jaidinger House to either the Baugh property or the Einarsen property I further move that staff meet with the Wheat Ridge Historical Society to determine their need for the Jaidinger House and the feasibility of moving the house to the Baugh property or the Einarsen property; seconded by Mr DiTullio, carried 6-2 with Mrs Shaver and Mrs Worth voting no EXECUTIVE SESSION WAS HELD. Meeting adjourned at 10.26 P m \ " Christa Jones, Deputy City Clerk APP OVED BY CITY COUNCIL ON MAY 22,2000 BY A VOTE OF -.-l TO ~ The preceding Minutes were prepared according to S47 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