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HomeMy WebLinkAbout07/10/2000 July 10.2000 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The Regular City Council Meeting 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 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 June 26, 2000 Motion by Mr DiTullio for the approval of the Minutes of June 26, 2000, seconded by Mr Siler; carried 8-0 CITIZENS' RIGHT TO SPEAK Cathy Demming, Jim Colburn, Dianne Sekiya, Kurt Diegel, spoke in support of designating Louis Meadows Park as an off-leash, dog exercise area APPROVAL OF AGENDA Motion by Mr DiTullio to add Resolution 31-2000 to Consent Agenda 12 D - Resolution allowing the Clear Creek Arts Festival to post their signs in the City's right-of-way; seconded by Mr Edwards, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 18 - An ordinance amending Section 26-6(C)(4) of the Wheat Ridge Code of Laws, concerning Planning Commission review of rezoning applications Council Bill 18 was introduced on second reading by Mr Edwards, title read by the Clerk; Ordinance No 1198 assigned CITY COUNCIL MINUTES JULY 10, 2000 Page - 2 - Motion by Mr Edwards to approve Council Bill 18 (Ordinance 1198) seconded by Mr DiTullio carried 8-0 Item 2. Council Bill 19 - an Ordinance amending the Wheat Ridge Code of Laws concerning the authority of the City Council to re-refer land development applications to the Planning Commission Council Bill 19 was introduced on second reading by Mr Edwards, title read by the Clerk; Ordinance No 1199 assigned Motion by Mr Edwards to approve Council Bill 19 (Ordinance 1199), seconded by Mr DiTullio, carried 8-0 Item 3. Council Bill 20 - an Ordinance amending Section 26-25 of the Wheat Ridge Code of Laws, concerning similar uses in Planned Development Districts Council Bill 20 was introduced on second reading by Mr DiTullio, who also read the title and summary; Ordinance No 1200 was assigned Motion by Mr DiTullio for approval of Council Bill 20 (Ordinance 1200), seconded by Mr Edwards, carried 8-0 ORDINANCES ON FIRST READING Item 4. Council Bill 21 - an Ordinance providing for the approval of rezoning from Restricted-Commercial-One to Residential- Two-A for property located at 3767 Harlan Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-00-04) (Edwin S Gibson) Council Bill 21 was introduced on first reading by Mr DiTullio, who also read the title Motion by Mr DiTullio that Council Bill 21 be approved on first reading, ordered published, public hearing be set for Monday, August 14, 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 Mr Edwards, carried 8-0 CITY COUNCIL MINUTES JULY 10, 2000 Page - 3 - DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Bid Award for Project T-02-2000 Neighborhood Traffic Management Project. Item 5 was introduced by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler that the 2000 Neighborhood Traffic Management Program, Project T-02-00 be awarded to Stackholm Development & Construction Company in the amount of their bid of $194,572.75 That a force account and contingency of $9,72864 be established That an early completion incentive bonus of $3,891 46 be established That a force account for plant material costs of $4,69580 be established That $16,53295 be transferred from the unallocated capital fund balance to Acct. No 30-304-800-844 That the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $204,301 39 I further move that all costs associated with this contract be paid from Acct. No 30-304-800-844, and that these funds be encumbered for the length of the project in accordance with Ordinance #787,1989 Series, seconded by Mr Edwards Harold David, 3400 Moore Street, spoke regarding the Nelson Street project; wondered why not everybody had been consulted about that; suggested raising the speed limit. Harry Fleshman, 7980 West 41st Avenue, addressed the West 4151 Avenue project; spoke in favor of the project. Katie Field, 7790 West 41st Avenue, addressed the West 41st Avenue project; feels this project will enhance the neighborhood and slow down traffic; asked that Council vote in favor Debra Rosenthal, 3395 Nelson Street, asked that Council vote for the Nelson Street project. Linda Weatherman, 10470 West 3sth Avenue, spoke in support of the traffic calming project on West 35th Avenue Art Coltrin, 10560 West 3sth Avenue, spoke in support of the West 35th Avenue project and asked that Council pass this Motion carried 8-0 Item 6. Cost estimate for rewrite of the City's Land Use Code Item 6 was introduced by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler to direct the City Attorney to prepare a draft rewrite of the City's zoning ordinance as stated in his proposal dated June 23, 2000, at a cost not to exceed $8,000; seconded by Mr Edwards CITY COUNCIL MINUTES JULY 10, 2000 Page - 4 - Motion by Mr Edwards for an amendment to direct Mr Dahl when he rewrites this to go away from the straight rezoning concept and go to Planned Districts, seconded by Mr DiTullio, carried 8-0 Original Motion as amended carried 8-0 Item 7. 34th Avenue Teller to Webster Groundwater Infiltration Project. Motion by Mr Edwards that the New Design Construction Company be awarded the construction of the infiltration correction project on 34th Avenue between Teller and Webster Streets for the amount of their bid of $25,000 That a force account and contingency of $2,500 be established That the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $27,500 I further move that $27,500 be transferred from Capital Projects Unallocated Fund Balance to Acct. No 30-302-800-833 Drainage Improvements Project and that all costs associated with this project be charged to Acct. No 30-302-800-833, seconded by Mr DiTullio, carried 8-0 Item 8. Award of Bid for the preparation of a market feasibility study for the properties in the vicinity of 44th Avenue and Wadsworth Blvd, otherwise referred to as the Urban Renewal Area. Motion by Mr Edwards to accept the proposal for a market feasibility study as outlined in the expanded scope of services submitted by Development Research Partners dated July 3, 2000, in the amount not to exceed $29,370 I further move to approve a budget allocation in the amount of $29,370 from the Fund Balance for Fund 37 to Acct. No 37-120-700-750 I further move to approve a budget allocation in the amount of $29,370 from the Fund Balance for Fund 63 to Acct. No 63-105-700-750 I further move to approve a budget allocation in the amount of $29,370 and to transfer funds from the general fund unallocated reserve account into Acct. No 01-106-700-750; seconded by Mr Mancinelli, carried 8-0 Item 9. Approval of an Integrated Weed Management Plan Item 9 was introduced by Mr DiTullio, who also read the summary and asked that the Clerk read the attached letter from Gary Wardle to Valerie Adams, which explains this item in detail Motion by Mr DiTullio to approve the Integrated Weed Management Plan to be used in the Wheat Ridge Greenbelt, Open Space Areas, and Developed Parks I further move to approve the expenditure of $3,000 to Davey Tree Company for weed spraying, with all costs charged to Acct. No 32-601-862 seconded by Mr Siler CITY COUNCIL MINUTES JULY 10, 2000 Page - 5 - Clerk read letter which explained the management of weeds in the Wheat Ridge Greenbelt and Conservation Area This plan will use cultural, mechanical, biological and chemical methods to control weeds Motion by Mrs Shaver for an amendment to include in the main motion that the application of herbicides will be implemented by using back pack sprayers and wick applications to control the weeds, seconded by Mrs Worth, carried 7-1 with Mr Mancinelli voting no Original Motion as amended carried 8-0 Item 10. Approval of Wild Land Fire Management Plan Item 10 was introduced by Mr DiTullio, who also read the title and summary Motion by Mr DiTullio that the draft Wild Land Fire Management Plan be approved, seconded by Mr Mancinelli Motion by Mrs Shaver for an amendment to send this plan to the City Affairs Committee for a review of the wording, seconded by Mrs Worth Motion by Ms Figlus for a substitute motion to refer this back to the Parks Commission and Parks Department staff to work out the wording and bring it back to Council, seconded by Mrs. Shaver; carried 5-3 with Councilmembers Siler, Mancinelli and Hanley voting no Item 11. Resolution 28-2000 - establishing the land area between Youngfield and Kipling, south of Clear Creek, owned and or managed by the City of Wheat Ridge, be designated "The Wheat Ridge Greenbelt Conservation Area" Resolution 28 was introduced by Mrs. Worth, who also read the title and summary Motion by Mrs Worth to postpone this for 3 months until the negotiations with Coors are completed and we own the land, seconded by Mr DiTullio, carried 8-0 Item 12. CONSENT AGENDA A. Resolution 29-2000 - accepting the Habitat Gardening Program Grant for the Year 2000, in the amount of $1 ,66666 and amending the 2000 Open Space Fund (32) Budget to accept the funds and expend the funds for the Habitat Garden located in Prospect Park. CITY COUNCIL MINUTES JULY 10, 2000 Page - 6 - B Resolution 30-2000 - authorizing the support of an Intergovernmental Agreement for a Mile High Compact to support and encourage managed growth and development in the Denver Metropolitan Region C Approval of Expenditure Items D Resolution 31-2000 - authorizing use of the public right-of-way by the Wheat Ridge Historical Society, Inc , to post signs exempt from regulations to advertise the Clear Creek Celebration of the Arts Consent Agenda was introduced by Mrs Worth, who also read the titles Mr Siler pulled C Mrs Shaver pulled B Motion by Mrs Worth to approve Items A. and D , seconded by Mr DiTullio, carried 8-0 Motion by Ms Figlus for adoption of Resolution 30-2000 with the changes that "management of growth" be substituted for managed growth throughout the Resolution, seconded by Mrs Worth, carried 8-0 Mr Siler asked that expenditure items be marked more clearly in the future Motion by Mr Siler for approval of C , seconded by Mr DiTullio, carried 8-0 COUNCIL COMMITTEE REPORTS Jerrv DiTullio - City Affairs Committee held a meeting tonight and decided that their meetings will take place the second Monday of every month at 5 30 p m They discussed the internal reorganization of the administrative area, they agreed 4-0 to let the City Manager go out for an RFQ to come back to the full City Council to look at reorganizing the administrative area. They discussed the Sex Offender Ordinance, which will come to the next Study Session They also discussed the Kaiser Tax Issue and directed the City Attorney to draft an ordinance to look at the tax issue with Kaiser; they are requesting to be non-profit and there are concerns about th at. Vance Edwards - Public Works Advisory Committee - reported that the bids for the street scaping should be unsealed this week and at their next meeting they will review those Odarka Fiqlus - Finance Committee - they discussed to continue developing the zero based budget; they asked the City Manager to prepare a sample budget based on one department for their review CITY COUNCIL MINUTES JULY 10, 2000 Page - 7 - CITY MANAGER'S MATTERS Valerie Adams reported that the total income for the Rec Center for this year is $735,944 She asked when Council would like to interview the two consultants for the Policy Governance She asked for consensus to encumber funds to repair the fountain outside of City Hall They need $5,197, which is in the Parks Maintenance Budget. She stated she is sorry to hand this out at the last minute, but this is an emergency item Mr Siler stated that he has looked over the materials that Mrs Adams sent concerning Policy Governance and the expense associated with it and the time required from Council and staff He is not really interested in pursuing this at the present time He has so much on his plate that he can't take on any additional work. Motion by Mr Siler to postpone this indefinitely; seconded by Mr Edwards Motion by Mrs. Worth to amend the motion to postpone until after the first of the year; seconded by Mr Mancinelli, tied 4-4 with Councilmembers Edwards, Siler, Shaver, and DiTullio voting no Mayor broke the tie by voting yes Motion carried 5-4 Original Motion as amended failed 5-3 with Councilmembers Worth, Hanley, Mancinelli voting yes Motion by Mrs Worth to approve expenditure of $5,197 to Colorado Water Well to replace the pump in the City Hall well with all costs charged to Acct. No 01-603-776, seconded by Mr Hanley Mr Siler stated he will vote no, because this should have been added as an Agenda Item at the beginning of the meeting Motion by Mr DiTullio to bring this in to the regular City Council Meeting on July 24, seconded by Mr Edwards, failed 3-5 with Councilmembers Edwards, Siler, and DiTullio voting yes Vote on original motion carried 6-2 with Mr Edwards and Mr Siler voting no ELECTED OFFICIALS MATTERS Motion by Mr Edwards to direct the City Manager to send a letter of opposition to John Elway Auto Nation regarding their getting a permit to pump water off their property; seconded by Mr DiTullio, carried 8-0 Motion by Mr Edwards to send a letter of support from the City to move the Environmental Impact Study along for the West Corridor of Light Rail, seconded by Mrs Worth, carried 7-1 with Mr Siler voting no CITY COUNCIL MINUTES JULY 10, 2000 Page - 8 - Motion by Mr DiTullio to allow the Mayor to sign all necessary documents and financial papers on behalf of the City Treasurer during his absence, seconded by Mr Edwards, carried 7-1 with Mr Siler voting no Mr DiTullio wanted it noted for the record that he is very upset that John Elway Auto Nation has the nerve to apply for a permit to pump water off their property; they haven't done anything with that property and pumping water will affect many households in Wheat Ridge whose wells have been drained because of this property Motion by Mrs Shaver to allow the City Manager to contact a list of people provided by Mrs Shaver to come for the Study Session to discuss the sex offender ordinance, seconded by Mrs Worth, carried 5-3 with Councilmembers Edwards, Siler, and DiTullio voting no Motion by Mr DiTullio to adjourn, seconded by Mr Edwards, carried 8-0 Meeting adjourned at 9.25 p m. . / ( )' . .JJt/. ,., ."--1- .' j I'.. Wanda Sang, City Ctefk APPROVED BY CITY COUNCIL ON JULY 24, 2000 BY A VOTE OF --.L TO.JL.., T e 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