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Home My WebLink About07/22/2002 @~uu @@(\lJ~@~~ ~m~(\lJlf~@ CITY OF WHEAT RIDGE, COLORADO July 22, 2002 The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Jerry DiTullio, Vance Edwards, Dean Gokey, Ralph Mancinelli, David Schneider, Odarka Figlus, and Lena Rotola Harry Hanley was absent Also present: City Clerk, Wanda Sang, City Manager Randy Young, City Attorney, Gerald Dahl, Acting Director of Public Works, Greg Knudson, Director of Parks and Recreation, Joyce Manwaring, Chief of Police, Jack Hurst; staff; and interested citizens APPROVAL OF MINUTES OF July 8,2002 Motion by Mr DiTullio for approval of the Minutes of July 8, 2002, seconded by Mr Gokey; carried 8-0 CITIZENS' RIGHT TO SPEAK There was no one present to speak. APPROVAL OF AGENDA Motion by Mr DiTullio to add Item 14 G Amendment #1 for the 38th Avenue Streetscape Construction Management and Observation Services seconded by Mr Edwards, carried 7-0 Motion by Mr DiTullio to add Item 14 H Agreement relating to Sales and use Tax with Exempla, seconded by Mr Mancinelli, carried 7-0 Motion by Mr DiTullio to suspend the Rules and hear Item 12 as Item 1 since there are a numbel people signed up to speak under that item, seconded by Mr Edwards, carried 7-0 Motion by Mr Edwards to add Item 15 to give direction to City Manager regarding setting up some type of opening event for the Housing Authority and for the Streetscape Project; seconded by Mr Gokey' carried 7-0 Motion by Mr DiTullio to approve the Agenda as amended, seconded by Mr Edwards, carried 7-0 CITY COUNCIL MINUTES- July 22, 2002 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Contract Award for 2002 NTMP-Ward Road Project, West 32nd to West 38th Avenue, Project No T-01-02 Item 1 was introduced by Mr Schneider, who also read the title, summary and background Motion by Mr Schneider that $33,000 be transferred from the Preventive Maintenance Project Account 30-303-800-884 to the Neighborhood Traffic Management Project Account 30-304- 800-844 to cover the concrete replacement portion of this project I move that the 2002 NTMP, Project #T-01-02 be awarded to Citywide Enterprises, Inc. in the amount of their bid of $152237 15 I further move that a force account and contingency of $15,224 be established I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $170 505 60 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 Ms Figlus. The following speakers were present: Wayne Wendell, 3430 Vivian Court, representing the community of Christ Church, 3780 Ward Road, reported that the congregation is overwhelmingly in favor of this project; he thanked Council that this item was moved up on the Agenda Margie Seyfer, 3405 Ward Road, thanked Council for appropriating funds for this project; she is one of the people of will be taking care of the traffic circle, traffic has increased over the years and their street has become a Youngfield bypass Rick Skaflen, 3395 Ward Road, is in favor of the project; he will be sharing watering duties with Margie Seyfer He complimented David Menter (Transportation Planner for the City of Wheat Ridge) for his work on the project Mary Roach, 3475 Ward Road, Griff Wirth, 3581 Ward Road, Walter Metcalf, 3560 Ward Road, C.J. Brenimer, 3490 Ward Road, Jeanne B. Brenimer, 3490 Ward Road, spoke in favor of the project and thanked Council Motion carried 7-0 CITY COUNCIL MINUTES' July 22, 2002 Page -3- Item 2 Council Bill 20-2002 - An ordinance directing disposal by demolition of three city- owned buildings located at 4900 Marshall Street Council Bill 20-2002 was introduced on second reading by Mr Gokey; Clerk read the summary and background and assigned Ordinance No 1254 Motion by Mr Gokey to adopt Council Bill 20-2002 (Ordinance 1254) and that it take effect immediately upon adoption I further move to approve the amount of $48,000 to be transferred from unallocated reserve to Acct No 54-601-800-862 for demolition and construction costs and $6,000 to Acct No 01- 603-700-704 for storage rental, seconded by Mrs Rotola, carried 7-0 Item 3. Council Bill 21-2002 - An ordinance directing disposal by demolition of a city- owned building located at 6287 West 48th Place Council Bill 21-2002 was introduced on second reading by Mr Gokey; clerk read summary and background and assigned Ordinance No 1255 Councilmembers were concerned that provisions had been made for the Girls Softball Team to store their equipment Joyce Manwaring stated that their equipment would be stored in the small barn by the Recreation Center Motion by Mr Gokey to adopt Council Bill 21-2002 (Ordinance 1255) on second reading and that it take effect immediately upon adoption, seconded by Mr Mancinelli; carried 8-0 Item 4. Council Bill 17-2002 - An ordinance amending Code of Laws Section 15-19; concerning Graffiti Council Bill 17-2002 was introduced by Mrs Rotola on second reading, she also read the title, summary and background Clerk assigned Ordinance No 1256 Hank Stites, 6915 West 38th Avenue, has been in business for 48 years in the same location and has never had graffiti. 50% or more of the graffiti in Wheat Ridge is against the City's own property and signs If there is graffiti, it is very hard to get somebody to come and clean it up within 7 days The time is far too short. He also questioned the amount that people are fined if they don't get it done in a certain time You are putting the problem on the property owner and not the people who did it Chief Hurst explained the City's policy in regard to graffiti, the time frame, the costs, and the expectations of the Court, and the clean up, the situational discretion of Code Enforcement Officers to work with property owners CITY COUNCIL MINUTES July 22, 2002 Page -4- Russell Mayer, 3600 Harlan Street, read about this Council Bill in the newspaper and has read the Council Bill He doesn't like that the owner is being made out to the perpetrator instead of the victim. He doesn't like the 7 days time frame for clean up He asked that the bill be re-written in the flavor of fairness Motion by Mrs Rotola to adopt Council Bill 17 -2002 (Ordinance 1256), seconded by Mr Gokey Motion by Ms Figlus to amend to strike the fines Motion died for lack of second Motion by Ms Figlus to amend to extend the time period to 14 days, seconded by Mr Mancinelli, failed 2-5 with Councilmembers Figlus and Mancinelli voting yes Motion by Ms Figlus to amend that the City clean up any property that is not cleaned up in a timely manner Motion died for lack of second Mr DiTullio asked Mr Knudson if the City had the time, the money and the staff to clean up graffiti Mr Knudson replied "not at this time" Original Motion carried 6-1 with Ms Figlus voting no Ms Figlus feels that we as a City had a chance to show that we are business friendly, that we want businesses to locate here and that the City should clean it up and not charge fines Item 5. Council Bill 22-2002 - An ordinance amending Chapter 18 of the Code of Laws of the City of Wheat Ridge Colorado, t:y entitling said chapter "Arts and Culture" and by the addition of an Article I concerning the acquisition, display, ownership and disposal of public works of art. Council Bill 22-2002 was introduced on second reading by Ms Figlus, who also read the title, summary and background Clerk assigned Ordinance No 1257 Joyce Manwaring explained the background of how this ordinance and policy originated and the process of how it was written Motion by Ms Figlus to approve Council Bill 22-2002 (Ordinance 1257) on second reading and that it take effect 15 days after final publication, seconded by Mr Edwards, carried 7-0 Motion by Mr Schneider to direct the City Manager to change the policy on page 2, paragraph A 2 d to strike "Arts Council of Wheat Ridge representative" and substitute the wording "and any others as needed", seconded by Mr Gokey' carried 6-1 with Ms Figlus voting no CITY COUNCIL MINUTES' July 22, 2002 Page -5- ORDINANCES ON FIRST READING Item 6. Council Bill 24-2002 - An ordinance abolishing the Civil Service Commission and amending all references to the Commission in the Code of Laws of the City of Wheat Ridge Council Bill 24-2002 was introduced on first reading by Mr Schneider Clerk read the summary and background Motion by Mr Schneider that Council Bill 24-2002 be approved on first reading, ordered published, public hearing be set for Monday, August 12, 2002 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 Mr DiTullio, carried 7-0 Item 7. Council Bill 23-2002 - An ordinance abolishing the Personnel Commission and amending all references to the Commission in the Code of Laws of the City of Wheat Ridge Council Bill 23-2002 was introduced on first reading by Mr DiTullio, who also read the title, summary and background Motion by Mr DiTullio that Council Bill 23-2002 be approved on first reading, ordered published, public hearing be set for Monday, August 12, 2002 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 Mr Mancinelli, carried 7-0 Item 8. Council Bill 25-2002 - An ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16 8(b), concerning the Office of City Clerk. Council Bill 25-2002 was introduced on first reading by Mr DiTullio, who also read the title, summary and background Motion by Mr DiTullio that Council Bill 25-2002 be approved on first reading, ordered published, public hearing be set for Monday, August 12, 2002 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 Mr Schneider; carried 7-0 CITY COUNCIL MINUTES' July 22, 2002 Page -6- Item 9 Council Bill 26-2002 - An ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16 8(b), concerning the Office of Treasurer Council Bill 26-2002 was introduced on first reading by Mr Mancinelli, who also read the title, summary and background Motion by Mr Mancinelli that Council Bill 26-2002 be approved on first reading, ordered published, public hearing be set for Monday, August 12, 2002 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 Rotola, carried 7-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 10 Motion to approve first amendment to Development Agreement with Robert Perry and Associates/King Soopers, 38th & Sheridan Ground Lease Item 10 was introduced by Mr DiTullio, who also read the title, summary and background Motion by Mr DiTullio to approve the first amendment to development agreement with the modifications presented by the City Attorney on the July 22, 2002 Council Meeting, labeled "Agenda Item 9, City Attorney Recommended Changes", seconded by Mr Schneider Jeff Bailey and Robert Perry, Managing Partners for the Ridge Center, are working with King Soopers to get the fuel facility off the ground Jerry Dahl addressed his recommended changes to the lease 1 take out that the City supports the application 2 He added 2 sections for hazardous material removal Mr Edwards clarified that this lease agreement is not directly with King Soopers or Kroeger and according to the City Attorney, although he works for King Soopers, he has to vote on this Item according to our Charter Motion carried 7-0 Item 11 Resolution 15-2002 - approving a priority list of Open Space and Park Land properties for acquisition Resolution 15-2002 was introduced by Mr Schneider, who also read the title, summary and background Motion by Mr Schneider to adopt Resolution 15-2002, seconded by Mr DiTullio CITY COUNCIL MINUTES' July 22, 2002 Page -7- Motion by Mr Mancinelli to amend the Resolution to add 6375 West 44th Avenue to the acquisition list; seconded by Mr Schneider; carried 7-0 Motion as amended carried 7-0 Item 12 Motion to accept the 2001 Independent Audit. Motion by Mr Mancinelli to accept the 2001 independent audit; seconded by Mr Edwards Motion by Mr Edwards for an amendment that the City Manager be directed to look into rotating auditors If that is not currently a requirement of the Charter or Ordinance, Council needs to discuss this A suggested draft policy or ordinance be brought back to Council after reviewing this with the City Treasurer' seconded by Mr DiTullio, carried 7-0 Original Motion as amended carried 7-0 Item 13. Harlan Street Sidewalk and Pedestrian Lights Project from West 38th Avenue to West 44th Avenue, Project #S-01-01, Acceptance of Warranty Deeds and Quit Claim Deed for Right-of-Way Acquisition Item 13 was introduced by Mr Mancinelli, who also read the title, summary and background Motion by Mr Mancinelli for the acceptance of additional right-of-way acquisition at six locations on Harlan Street as described by the respective Warranty Deeds and quit Claim Deed for the total amount of $9,95481 and that all costs be charged to Acct. No 30-303-800- 850 Said acquisitions being for the purpose of constructing public improvements, seconded by Mr Gokey; carried 7-0 Item 14. CONSENT AGENDA. A Approval of Urban Renewal Authority Ap~ointment B Installation of Speed Humps on West 45t Avenue between Newland to Harlan Street. C Installation of Speed Humps on Allison Street between 44th to 47th Avenues D Bid Award RFB-02-26 - Park Roof Replacement E. Approval of City Expenditures over $5 000 F Neighborhood Traffic Management Program Policy G Approval of Amendment #1 for the 38th Avenue Streetscape Construction Management and Observation Services H Agreement Relating to City of Wheat Ridge Sales and Use Taxes, Exempla Agreement CITY COUNCIL MINUTES' July 22, 2002 Page -8- Consent Agenda was introduced and read by Mr DiTullio Mr Mancinelli pulled Item F Motion by Mr DiTullio to approve Consent Agenda Items ABC D E G H as printed, seconded by Mr Edwards carried 7-0 F Larry Lesher, 10390 West 34th Avenue, has reviewed this Item today and has no problem with the wording added to the program, he would like to see this wording included on Page 15 and/or 16 which is the petition He would like to see that highlighted so that people who sign this can see it and understand what they are signing and if they do sign, their name may not be removed at a later time Motion by Mr Mancinelli that Council approve the language suggested by the City Attorney regarding the withdrawal of petition signatures, and add this language to Page 11 of the Neighborhood Traffic Management Program policy process document; seconded by Mr DiTullio, carried 7-0 Item 15 Motion by Mr Edwards to direct the City Manger to charge invitations and mail-out for 38th Avenue celebration and Housing Authority celebration to available funds in Council Budget or City Manager budget; seconded by Mr Gokey; carried 7-0 ELECTED OFFICIALS' MATTERS Mayor Cerveny informed Council and the Public that RTD plans to cancel the Sky Ride that goes from Ward Road Park and Ride to the Airport. If ridership does not significantly increase by September, this ride will be canceled She also stated that she will veto the Graffiti Ordinance as written because it further penalizes the property owner who is victimized 7 days is certainly not a reasonable time to clean up the property She distributed a memo with her suggested amendments Council can override her veto with 6 votes Motion by Mr DiTullio that a motion be brought forth at the next meeting to override the Mayor's Veto of the Graffiti Ordinance, seconded by Mr Edwards, carried 6-1 with Ms Figlus voting no Motion by Mr Gokey to direct the City Manager and staff to look at the portion of the Travel Policy that deals with pro-rating meals provided for a full day attendance, and the participant only attends for half a day' that this item then be discussed at the first available Study Session, seconded by Mr Schneider; carried 7-0 CITY COUNCIL MINUTES"' July 22, 2002 Page -9- Motion by Mr Schneider that staff and the City Attorney bring in an Ordinance to create Cultural Arts Council, which is a commission This Council shall consist of a minimum of 4 members who shall be appointed and serve at the pleasure of City Council, seconded by Mr DiTullio, carried 7-0 Motion by Mr Schneider that a Resolution be brought in at the same time as the Item for the last motion, this will repeal Resolution 02-1999, seconded by Mr Gokey Motion by Ms Figlus to refer this matter to the City Affairs Committee and then to a Study Session Motion died for lack of second Main motion carried 6-1 with Ms Figlus voting no Ms Figlus asked for consensus to direct the City Manager that whenever information is given to one Councilmember regarding a Council Meeting, that same information be disseminated to all Councilmembers, no consensus was reached, only Ms Figlus was in favor of this Meeting adjourned at 9 37 P m APPROVED BY CITY COUNCIL ON AUGUST 12, 2002 BY A VOTE OF 7 TO 0 ~ / ~1a"" cc.,u.L Ralph ancinelli, Council 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