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Home My WebLink About01/27/2003 @~1IT1 CITY OF WHEAT RIDGE, COLORADO January 27,2003 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, Lena Rotola and Harry Hanley (arrived at 7 10 pm) Also present: City Clerk, Wanda Sang, City Manager Randy Young, City Attorney Gerald Dahl, Director of Planning Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES of January 13. 2003 Motion by Mr DiTullio to approve the Minutes of January 13, 2003, seconded by Mr Mancinelli, carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read Proclamation for National Carnation Day - January 29, 2003, Mr Barry Brown from the Wheat Ridge Carnation Festival Committee, presented Carnation Boutiniere to all Elected Officials CITIZENS' RIGHT TO SPEAK Laura Drapeau, 4280 Harlan Street, suggested that signs be placed at both ends of a construction project before it is started, so people might have some input. She had to call five times before she was told what was going on She doesn't feel that the Harlan Street project did any good for the neighborhood She asked if there was enough money to finish the project. Mr Mancinelli asked for consensus that Mrs Drapeau be allowed to bring her concerns before the Public Works Advisory Committee on February 7 at 3 30 P m Consensus was 8 in favor Donna Hammer, 10745 West 35th Avenue, asked a variety of questions about the recently adopted Psychic Ordinance - CITY COUNCIL MINUTES January 27,2003 Page -2- APPROVAL OF AGENDA Motion by Ms Figlus to remove Item 6 from the Agenda, seconded by Mr DiTullio, failed 3-5 with Councilmembers Hanley, Figlus, and DiTullio voting yes PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Public Hearing on 2003-2004 Community Development Block Grant Allocations Item 1 was introduced by Mrs Rotola, executive summary read by the Clerk. There was no one present to speak. Motion by Mrs Rotola to approve the list of staff recommendations for use of the City's 2003-2004 Community Development Block Grant (CDBG) award allocation, seconded by Mr Mancinelli, carried 8-0 ORDINANCES ON FIRST READING Item 2. Council Bill 01-2003 - An Ordinance amending and adopting the 2002 National Electrical Code and adopted in Chapter 5 of the Code of Laws of the City of Wheat Ridge, relating to Buildings and Building Regulations Council Bill 01-2003 was introduced on first reading by Mr DiTullio title and executive summary read by the Clerk. Motion by Mr DiTullio that Council Bill 01-2003 be approved on first reading, ordered published, public hearing be set for Monday, February 10, 2003 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 Edwards, carried 8-0 Item 3 Council Bill 02-2003 - An Ordinance amending Table 1-A "Building Permit Fees", 1997 Uniform Building Code, as adopted in Chapter 5 of the Code of Laws of the City of Wheat Ridge, relating to Buildings and Building Regulations, City of Wheat Ridge County of Jefferson, State of Colorado Council Bill 02-2003 was introduced on first reading by Mr Schneider; title and executive summary read by the Clerk. CITY COUNCIL MINUTES - January 27,2003 Page -3- Motion by Mr Schneider that Council Bill 02-2003 be approved on first reading, ordered published, public hearing be set for Monday February 10, 2003 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 Edwards, carried 8-0 Motion by Mr DiTullio that an amendment be added which requests the staff to present an alternate fee schedule based on percentage of project with a cap and to bring that to the public hearing, seconded by Mr Edwards, carried 8-0 Motion as amended carried 8-0 Item 4 Council Bill 03-2003 - An Ordinance providing for the approval of rezoning from Agricultural-One to Planned Commercial Development, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-02-09) (Ketelson) Council Bill 03-2003 was introduced on first reading by Mrs Rotola, who also read the title and executive summary Motion by Mrs Rotola that Council Bill 03-2003 be approved on first reading, ordered published, public hearing be set for Monday, February 24, 2003 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 Hanley; carried 8-0 Item 5 Council Bill 04-2003 - An Ordinance amending Chapter 16 of the Code of Laws of the city of Wheat Ridge, Colorado, by the addition of Section 16- 180, prohibiting the possession of certain Graffiti Materials by Minors Council Bill 04-2003 was introduced on first reading by Mrs Rotola, who also read the title and executive summary Motion by Mrs Rotola that Council Bill 04-2003 be approved on first reading, ordered published, public hearing be set for Monday, February 24, 2003 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 Edwards, carried 8-0 CITY COUNCIL MINUTES -January 27, 2003 Page -4- DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 Signal Warranty Study, 44th & Robb Motion by Mr Edwards that the intersection control at 44th & Robb Street remain unchanged and a traffic signal not be installed due to the intersection not meeting warrants, seconded by Mr DiTullio, carried 5-3 with Councilmembers Rotola Hanley, and Figlus voting no Ms Figlus voted no because Robert's Rules suggest against bringing forth motions that do not take action, part of the difficulty here is that she has not enough information from the public that support making a decision on the basis of the fifth warrant. Mr Edwards corrected the Financial Impact, which lists N/A on the memo, if a light would be put in, it would cost anywhere from $80,000 - $100 000, so there would be a financial impact. The goal of the Public Works Advisory Committee was to bring this to a vote before the full City Council and not have this be a committee decision Item 7. Budget Transfer Signal Improvement 49th & Kipling Street, T-02-02 Motion by Mr Hanley that Council approve a $50,000 increase in the budget for the 49th Avenue at Kipling Safety Project Acct. No 30-304-845 to be transferred from the Traffic Improvement Project Acct. No 30-304-843 in the amount of $50,000 and the funds to be encumbered from the 2002 budget; seconded by Mr DiTullio, carried 8-0 Item 8. CONSENT AGENDA A. Wheat Ridge Foundation Articles of Incorporation and Bylaws B Amendment to Planning Commission Bylaws C Amended Intergovernmental Agreement regarding the Household Hazardous Waste Storage Authority D Warranty Deed for 5075 Tabor Street. E. Membership Contribution Payments to CIRSA. F Missing Sidewalk Links - Pilot Program G Final Renewal for RFB-00-36 Annual Street Maintenance Material to various firms, in the total amount of $94,00000 H Resolution 02-2003 - amending the Intergovernmental Agreement establishing the First Judicial District Youth Alcohol Intervention Program Mr DiTullio introduced and read the Consent Agenda. Ms Figlus asked to pull F CITY COUNCIL MINUTES -January 27, 2003 Page -5- Motion by Mr DiTullio to approve the Consent Agenda A. BCD E. G H , seconded by Mr Edwards, carried 8-0 Motion by Mr Edwards to approve F , seconded by Mr Mancinelli, carried 6-2 with Mr Hanley and Ms Figlus voting no Ms Figlus is concerned about using $150,000 on a new program, where we have other programs that have been cut or are underfunded This is not an opportune time to bring forth a new program Mr Hanley agrees that this is a worthwhile program, but he can't compute how we can spend this money for safety reasons and cut out the Crossing Guard Program From a priority perspective, this doesn't seem appropriate Mr Edwards pointed out that this money comes out of the Capital Improvement Fund and has nothing to do with the Crossing Guards Item 9 Specifications of Uses for the two-fifths Revenue Allocation of the Lodger's (Hotel and Motel) Tax. Motion by Mrs Rotola to direct the City Manager and City Attorney to prepare proposed guidelines for expenditure of the 2/5th fraction of the 5% Lodger's Tax, to ensure that such funds are protected from General Fund expenditures and instead are reserved for design, construction, and related costs of redevelopment and public improvements, such proposed guidelines to be made available for Council's consideration as soon as the needed staff effort and scheduling permit; seconded by Mr Mancinelli, carried 8-0 Meeting adjourned at 8 45 P m .:;2k"-4~/ ~ C Wanda Sang, Ci y Clerlf"' , APPROVED BY OITY COUNCIL ON '1/1" //~ . D~~f"c~~el~:r, Co~resident February 10, 2003 BY A VOTE OF 8 to 0 -- The preceding Minutes were prepared according to 947 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