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