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Home My WebLink About05/22/2000 Mav 22. 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, and Claudia Worth Ken Siler was absent due to a trip Also present: City Clerk, Wanda Sang, City Treasurer, Ron Patera, City Manager, Valerie Adams, 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 May 8, 2000 Motion by Mr DiTullio for the approval of the Minutes of May 8, 2000, seconded by Mr Edwards, carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the Proclamation for National Cancer Survivors Day CITIZENS' RIGHT TO SPEAK There was no one present to speak. APPROVAL OF AGENDA Motion by Mr DiTullio to add Agenda Item 9, Approval of Expenditure Items, seconded by Mr Edwards, carried 7-0 Motion by Mr Edwards to add Agenda Item 5 A. , a Council Bill on first reading, amending Section 25-23 of the Wheat Ridge Code of Laws, renaming EDARC, seconded by Mr DiTullio, carried 7-0 CITY COUNCIL MINUTES May 22, 2000 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. 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 second reading by Mrs Worth, who also read the title and summary; Clerk assigned Ordinance No 1192 Motion by Mrs Worth to approve Council Bill 13-2000 (Ordinance 1192), seconded by Mrs Shaver; carried 7-0 Item 2. 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 lOA-00-02) Council Bill 14-2000 was introduced on second reading by Mr DiTullio, who read the title and summary; Clerk assigned Ordinance No 1193 Motion by Mr DiTullio that Council Bill 14-2000 (Ordinance 1193) be approved on second reading, seconded by Mr Edwards, carried 7-0 Item 3. Council Bill 12-2000 - An Ordinance providing for the approval of a rezoning from Restricted-Commercial and Commercial-One to Commercial-One for property located at 9709 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-00-01) Council Bill 12-2000 was introduced on second reading by Mr Hanley, who read the title and summary; Clerk assigned Ordinance No 1194 Applicant, Marty Wineland, was sworn in by the Mayor; stated that he and his partners want to repair antique motorcycles in that building but need the rezoning before they are able to do that. Alan White was sworn in by the Mayor and presented the staff report. CITY COUNCIL MINUTES May 22, 2000 Page - 3 - Motion by Mr Hanley to approve Council Bill 12-2000 (Ordinance 1194) for the following reasons 1 The proposed rezoning from R-C and C-1 to C-1 will consolidate zoning on the property 2 There will be no effect on the general health, safety and welfare 3 Although it is inconsistent with the designation on the Comprehensive Plan, residential land use at this location is undesirable With the following condition 1 A cross access/joint parking agreement with the property to the east be recorded, seconded by Mr DiTullio, carried 7-0 ORDINANCES ON FIRST READING Item 4. Council Bill 15-2000 - An Ordinance providing for the rezoning from Agricultural One (A-1) to Planned Industrial Development (PID) of certain property generally located at 10201 West 49th Avenue, within the City of Wheat Ridge, Colorado, pursuant to Section 26-6(C) of the Wheat Ridge Code of Laws (Case No WZ-00-02) (George T Sanders Co ) Council Bill 15-2000 was introduced on first reading by Mr Hanley, who also read the title and summary Motion by Mr Hanley that Council Bill 15-2000 be approved on first reading, ordered published, public hearing be set for Monday, June 12, 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. Worth, carried 7-0 Item 5. Council Bill 16-2000 - An Ordinance providing for the amendment of the George T Sanders Company Planned Industrial Development Outline and Final Plan, for certain property located at 10201 West 49th Avenue, within the city of Wheat Ridge, Colorado, pursuant to Section 26-25(IX) of the Wheat Ridge Code of Laws (Case No WZ-00-02) (George T Sanders Co ) Council Bill 16-2000 was introduced on first reading by Mr Hanley who also read the title and summary Motion by Mr Hanley that Council Bill 16-2000 be approved on first reading, ordered published, public hearing be set for Monday, June 12, 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 Worth, carried 7-0 CITY COUNCIL MINUTES May 22, 2000 Page - 4 - Item 5. A. Council Bill 17-2000 - An Ordinance amending the Wheat Ridge Code of Laws, renaming the Economic Development and Revitalization Commission Council Bill 17 -2000 was introduced on first reading by Mr Edwards, who also read the title Motion by Mr Edwards that Council Bill 17-2000 be approved on first reading, ordered published, public hearing be set for Monday, June 12, 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 7-0 DECISIONS. RESOLUTIONS, AND MOTIONS Item 6. Contract Award to second low bidder for Project D-SL-02-99 - Pierce Street Drainage Improvements from West 26th Avenue to West 32nd Avenue Item 6 was introduced by Mr DiTullio, summary read by the Clerk. Motion by Mr DiTullio that the Pierce Street Drainage Improvements Project D-SL-02-99 be awarded to Wycon Construction Company in the amount of their bid of $458,400 That a force account and contingency of $45,840 be established That an early completion bonus of $9,168 be established That the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $504,240, I further move that all costs be charged to Acct. No 30-302-847 and that these funds be encumbered for the length of the project in accordance with Ordinance 787,1989 Series, seconded by Mr Edwards Barton Puryear, Operations Manager for Scott Contracting (low bidder), explained the discrepancy in their unit pricing, he asked that this Project be awarded to them Scott Contracting is a capable and responsible contractor who is the low bidder on this project and is ready, willing, and able to perform and would like to work with the City of Wheat Ridge Motion carried 7-0 Item 7. Contract Award to second low bidder for Project S-SW-01-00 - Reed Street School Sidewalk Improvements from West 38th Avenue to West 44th Avenue Item 7 was introduced by Mr Mancinelli, summary read by the Clerk. CITY COUNCIL MINUTES May 22, 2000 Page - 5 - Motion by Mr Mancinelli that the Reed Street School Sidewalks Improvement Project S-SW- 01-00 be awarded to Eaton-U, Inc in the amount of their bid of $466,249 15 That a force account and contingency of $46,625 be established That an early completion incentive bonus of $9,325 be established That $86,473 be transferred from Acct. No 30-303-800-847 Pierce Street Improvements Project to Acct. No 30-303-800-841, Reed Street School Sidewalks Improvement. That $7025 be transferred from Acct. No 30-304-800-844, Neighborhood Traffic Management Program, to Acct. No 30-302-800-841, Reed Street School Sidewalks Improvements. That $28 750 15 be transferred from Acct. No 30-303-800- 884, Preventive Street Maintenance, to Acct. No 30-303-800-841, Reed Street School Sidewalk Improvements. That the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $512,874,15 That all cost associated with this contract be paid from Acct. No 30-303-800-841 and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series, seconded by Mr Edwards, carried 7-0 Item 8. Resolution 23-2000 - authorizing an Intergovernmental Agreement between the City of Wheat Ridge and the City of Arvada for the purpose of Street Asphalt Overlay (Miller Street between W 49th & Ridge Road) Resolution 23-2000 was introduced by Mr Edwards, who also read the title and summary Motion by Mr Edwards to approve Resolution 23-2000; seconded by Mr DiTullio, carried 7-0 Item 9. CONSENT AGENDA. A. Resolution 24-2000 - authorizing the Mayor and City Clerk to sign the Raw Water Delivery Agreement with Consolidated Mutual Water Company to supply raw water to the Recreation Center Site B Resolution 25-2000 - amending the 2000 Open Space Budget and accepting a grant from the National Park Service for the Prospect Lake Bank Improvement Project. C Tree Planting Request for quotation (RFQ #00-004) CITY COUNCIL MINUTES May 22, 2000 Page - 6 - D Approval of contract amendment to the contract with Adolfson and Peterson to paint the HVAC Units on roof of the Recreation Center E. Approval of Council Rule Change regarding Public Hearings F Approval of Expenditure Items. Consent Agenda was introduced by Mrs Worth, who also read the titles Mr Edwards requested to pull Item D Motion by Mrs Worth to approve the Consent Agenda with the exception of D , seconded by Ms Figlus, carried 7-0 D Mr Edwards has a problem that the City does not live by the same rules they mandate to private enterprise and the HVAC Units at the Rec Center are not screened They should be screened Mr DiTullio explained that this would cost upward of $20,000 and holes would have to be drilled in our new roof In order to save the taxpayers' some money he moved to approve D , seconded by Ms. Figlus, carried 5-2 with Mr Edwards and Mr Mancinelli voting no COUNCIL COMMITTEE REPORTS Vance Edwards reported for PWAC - the big project they have been working on for several months is the Street Scape Design Manual process and they are in the middle of that. They discussed at their meeting tonight that they would like to revise the scope of the bid for the street scape process to include architectural standards, the revision of the landscape ordinance, etc. Staff is working on a request for proposal and once that is approved they will get some bids on the overall new plan Motion by Mr Edwards to allow staff to continue with their request for quote to expand the scope of the street scape manual process to include architectural standards, landscape revisions, maintenance district and maintenance contract provisions, that this RFQ be brought to Mr Edwards as PWAC chair to review with the rest of the committee and if that is okayed submit that so we can have bids, seconded by Mr DiTullio, carried 7-0 Claudia Worth reported for City Affairs Committee - the Agenda is being worked on right now and once it is finalized it will be on Channel 8 CITY COUNCIL MINUTES May 22, 2000 Page - 7 - CITY MANAGER'S MATTERS Valerie Adams reported the income for the Rec Center from May 12-18 was $16,928.26, with a grand total of $557,879.26 The 2000 Park Brochures have been mailed out. The pool will open May 29 CITY ATTORNEY'S MATTERS City Attorney stated that the Davis property contract is complete and will be mailed out for signature tomorrow ELECTED OFFICIALS MATTERS Motion by Mr Edwards that Jerry DiTullio be the Council representative for the selection committee for selecting a Economic Development Coordinator; seconded by Mr Hanley Ms Figlus amended the motion to include all the members of the Economic Development Executive Committee, seconded by Mrs Worth Mrs Worth moved to amend the amendment that two Councilmembers from the City Affairs Committee be appointed to the selection committee, seconded by Mrs Shaver; failed 3-4 with Councilmembers Worth, Figlus, and Shaver voting yes Ms Figlus amendment failed 2-5 with Councilmembers Worth and Figlus voting yes Original Motion carried 6-1 with Mrs Worth voting no Motion by Mr Edwards to direct the City Attorney to draft language for an Ordinance to be brought in at first reading that would give Council the authority to send zoning issues back to the Planning Commission to resolve and then bring them back to Council, seconded by Mr DiTullio, carried 7-0 CITY COUNCIL MINUTES May 22, 2000 Page - 8 - Motion by Mr Mancinelli that the City Attorney be directed to prepare an Ordinance amending Section 26-6 (c)(4) of the Code of Laws by deleting the phrase "approval with conditions" as it appears in that section, seconded by Mr Edwards, carried 7-0 Motion by Mr DiTullio to adjourn, seconded by Mr Edwards, carried 7-0 Meeting adjourned at 9'18 p m I, ..... 4' Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON JUNE 12,2000 BY A VOTE OF --L TO ~ -- / 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