The URL can be used to link to this page

Home My WebLink About03/10/2003 CITY OF WHEAT RIDGE, COLORADO March 10. 2003 The Regular City Council Meeting was called to order by Mayor Cerveny at 7 02 P m Councilmembers present: Jerry DiTullio, Vance Edwards, Dean Gokey, Ralph Mancinelli, David Schneider, Odarka Figlus Lena Rotola, and Harry Hanley Also present: City Clerk, Wanda Sang, City Manager Randy Young, City Attorney Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, Director of Parks and Recreation, Joyce Manwaring, staff. and interested citizens APPROVAL OF MINUTES OF February 24, 2003 Motion by Mr DiTullio for the approval of the Minutes of February 24, 2003, seconded by Mr Gokey; carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny administered the Oath of Office for newly appointed Board and Commission Members CITIZENS' RIGHT TO SPEAK Don Peterson, 9945 West 34th Drive, spoke as a volunteer for Family Tree, and asked for sponsorship for their upcoming golf tournament. Jacqueline Weller, 2719 W Water Ave, Denver, read from articles from various newspapers regarding the psychic ordinance Dianna and Ron Haas 5251 Alkire Arvada, donated their 3 Minutes to Ms Weller Teri Dalbec, 3810 Garrison Street, stated that citizens did not want concrete sidewalks all over the City, but wanted to maintain the rural feel and atmosphere that has been the history of Wheat Ridge The wishes of the citizens have been ignored Now the Council is once again ignoring the citizens' wishes and letting the County dictate the concrete path through the Greenbelt. Over 400 people had signed petitions requesting that the trail be asphalt rather than concrete CITY COUNCIL MINUTES"'" March 10,2003 Page -2- Cynthia LeFevre, 12149 E Exposition Drive, Aurora, also addressed the psychic ordinance PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 05-2003 - An Ordinance amending Appendix A to Chapter 26 of the Code of Laws of the City of Wheat Ridge (Fee Schedule) (Case No ZOA-02-08) Council Bill 05-2003 was introduced on second reading by Mr DiTullio Clerk read title and executive summary and assigned Ordinance No 1280 Alan White, Community Development Director, explained the fees are meant to recover some of the City's cost. When there is a larger project, the fees will be higher He stressed that there is a lot of review time on some of the projects and we have not recovered our cost, but with the new fees we will be able to recoup some of our cost. We will also start charging a re-submittal fee, which has taken a lot of review time Don Peterson spoke in support of this ordinance, but had reservations about increasing the surcharge Motion by Mr DiTullio to approve Council Bill 05-2003 (Ordinance No 1280), Case No ZOA-02-08 on second reading and that the Ordinance take effect immediately upon adoption, seconded by Mr Edwards carried 8-0 Item 2. Council Bill 07-2003 - An Ordinance concerning the terms of office for members of the Cultural Commission Council Bill 07-2003 was introduced on second reading by Mr Schneider, who also read the title and executive summary Clerk assigned Ordinance No 1281 Motion by Mr Schneider that Council Bill 07-2003 (Ordinance No 1281) be approved on second reading, and take effect 15 days after final publication, Ron Gehauf, term ending 3/2/06, Dona Downing, term ending 3/2/05, Virginia Johnson, term ending 3/2/06, Charles Jorgensen, term ending 3/2/05 Sharon Couturier, term ending 3/2/06, Calvin Johnson, term ending 3/2/05, Jeoffrey Wodell, term ending 3/2/06, Barb Gallagher term ending 3/2/05, seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTE3- March 10, 2003 Page -3- ORDINANCES ON FIRST READING Item 3 Council Bill 08-2003 - An ordinance providing for the approval to vacate an existing piece of public right-of-way for West 46th Place, running between Oak Street and Parfet Street, City of Wheat Ridge County of Jefferson, State of Colorado (Case No WV-03-01) (Karen Heine) Council Bill 08-2003 was introduced on first reading by Mr Hanley, who also read the title and executive summary Motion by Mr Hanley that Council Bill 08-2003 be approved on first reading ordered published, public hearing be set for Monday, April 14, 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 Schneider; carried 8-0 Don Peterson strongly encouraged Council to approve this on second reading and to also come and visit this site It is amazing what Karen is doing Item 4 Council Bill 09-2003 - An ordinance providing for the approval of rezoning from Residential One C to Conservation District for property located at 4650 Parfet Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-03-03) (Karen Heine) Council Bill 09-2003 was introduced on first reading by Mr Hanley, who also read the title and executive summary Motion by Mr Hanley that Council Bill 09-2003 be approved on first reading, ordered published, public hearing be set for Monday, April 14, 2003 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 Schneider; carried 8-0 Item 5 Council Bill 1 0-2003 - An ordinance amending Section 26-614 Trash Storage Area Screening of Code of Laws of the City of Wheat Ridge (Case No ZOA-03-01) Council Bill 10-2003 was introduced on first reading by Mr Schneider, who also read the title and executive summary CITY COUNCIL MINUTES-March 10,2003 Page -4- Motion by Mr Schneider that Council Bill 1 0-2003 be approved on first reading, ordered published, public hearing be set for Monday, April 28, 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 6 Council Bill 11-2003 - An ordinance amending Section 26-223 Architectural Design Overlay District (ADO) of the Code of Laws of the City of Wheat Ridge (Case No ZOA-03-02) Council Bill 11-2003 was introduced on first reading by Mr DiTullio Clerk read the title and executive summary Motion by Mr DiTullio that Council Bill 11-2003 be approved on first reading, ordered published, public hearing be set for Monday, April 28, 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 Motion by Ms Figlus to amend the motion to add the following language under the first sentence of paragraph 2 "Any decision of the Community Development Director may be appealed by the applicant to the Planning Commission at a public hearing seconded by Mr Hanley; failed 2-6 with Councilmembers Hanley and Figlus voting yes Original Motion carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 7 CONSENT AGENDA. A. Resolution 05-2003 - authorizing Jefferson County Open Space to continue good faith negotiations and to acquire the 0 496 acres of land, more or less, located at West 44th Avenue at Lamar Street (Brauer Property) at the negotiated price for Parks and Recreation Purposes B Approval of the Revised Personnel Policies C Amendment to Council Rules regarding Agenda Items D Approval of final renewal for RFB-01-004 Printing Leisure Guides to Centennial Printing Company in the total amount of $32,99373 E Award 2003 Concrete Rehabilitation Program Consent Agenda was introduced and read by Mr DiTullio CITY COUNCIL MINUTES- March 10,2003 Page -5- Doug Udick, President of Eaton-U, Inc , addressed the 2003 Concrete Rehabilitation Program His company is the low bidder for this project. The City Council intends to chose the second low bidder for this project because this bidder is better equipped than his company and they have more personnel He has trouble with this reasoning since he has completed 7 projects for the City of Wheat Ridge and they were larger projects than this one He then accused Mr DiTullio of blocking his company getting the job for a personal reason because they didn't install a curb head in front of Mr DiTullio's home when they were doing a sidewalk project in that area Mr Gokey asked to pull Item A. and C Ms Figlus asked to pull E Motion by Mr DiTullio to approve Band D , seconded by Mr Edwards, carried 8-0 Motion by Mr Gokey to approve A., seconded by Ms Figlus, carried 8-0 c Mr Gokey asked that a discussion be opened on this subject. Mr DiTullio read the executive summary and explained the reasons the City Affairs Committee had recommended the changes Motion by Mr Gokey to amend the Council's Rules and Procedures, Section C Agenda Items, to add Items 3 through 6 to read as follows 3 The City Council Meetings (either by Councilmembers or City Manager) These items can be requested for scheduling under the Elected Officials portion of the Agenda 4 City Manager - administrative and operational items 5 Applicant initiated projects or issues 6 The Council Action Form and the list of Future Agenda Items are to reflect the group or name(s) of the initiator(s), Seconded by Mr DiTullio Motion by Mr Gokey to amend his motion to strike 6, seconded by Mr Mancinelli, tied 4-4 with Councilmembers Schneider, Mancinelli, Rotola and Gokey voting yes Mayor broke the tie by voting yes. Motion carried 5-4 Motion by Mr Mancinelli to strike 5 seconded by Mr Hanley; tied 4-4 with Councilmembers Hanley, Mancinelli, Gokey and Rotola voting yes Mayor broke the tie by voting yes Motion carried 5-4 Original Motion as amended carried 8-0 CITY COUNCIL MINUTES'""""March 10,2003 Page -6- E. Ms Figlus asked that staff address Mr Udick's remarks Mr Paranto stated that there were 11 good bids on this project. Staff believes that there is the potential for better performance in having a larger contractor perform any given contract. Staff then takes a look at the cost of obtaining the services of the larger company In this contract the difference between the low bid and the second low bid was approximately a little over $8,000 At this nominal dollar amount staff made the recommendation that the second low bidder be awarded the contract. This is a common procedure for the City This decision was not influenced by any other matter as brought up by Mr Udick. There have been some problems with at least one of the projects that Eaton U worked on, which also influenced the decision There was a failure of work that needed to be replaced at least once and some of it two times on the same project. Mr DiTullio thanked Mr Udick for coming in making his comments His recollection of what happened two years ago is quite a bit different. He has only 1 vote of 8 and no power over who City Council selects for a bid To make an accusation that he can ramrod or change the recommendation of staff is pretty complimentary and appreciates it, but he does not have that much power Council takes the recommendation of staff He asked Mr Paranto for the record that the recommendation tonight is coming from staff and not from City Council. Mr Paranto stated that it is coming from staff Mr Paranto has had no contact from Mr DiTullio in regards to this matter Motion by Mr Edwards to approve E as recommended by staff; seconded by Mr Schneider; carried 8-0 COMMITTEE REPORTS PWAC - Vance Edwards There are 3 projects from the Neighborhood Traffic Management Program that will be coming to City Council for final review and discussion, they were all approved unanimously by the PWAC to come forward to City Council with a favorable recommendation There was a discussion and review of the snow management and removal program that has been implemented by the City for numerous years Mr Paranto has some suggested changes that the entire Public Works Committee was extremely impressed by and we requested that be an Agenda Item for the next City Council Study Session There was discussion and review of a potentiallGA with Mountain View regarding specific contractual items, potentially that our City would contract to do work for their City for public works issues, such as filling potholes That has been forwarded to the City Affairs Committee for discussion City Affairs - Jerry DiTullio Committee will meet next Monday at 5 30 CITY COUNCIL MINUTES'~March 10,2003 Page -7- CITY MANAGER'S MATTERS Consensus was 8 in favor to pull JNET High Speed Telecommunications (Tom Clark) presentation from the March 17 Study Session CITY ATTORNEY'S MATTERS Consensus was 7 in favor that Mr Dahl prepare suggestions, evaluation forms, recommendations, for an oral and written review for the City Manager Consensus was 7 in favor that Mr Dahl prepare the same recommendations for oral and written review for the City Attorney Consensus was 7 in favor that the City Manager reviews be turned over to the City Attorney for compilation to avoid any problems ELECTED OFFICIALS' MATTERS Consensus was 8 in favor to add the Mayor's ratification for an appointment to the Urban Renewal Authority to the next available Agenda Dean Gokey expressed his preference for concrete in the Greenbelt and cited that the asphalt has not held up He also asked for consensus to bring Item C, subparagraph 5 from the Consent Agenda that was stricken earlier, back to a Study Session Consensus failed 3 in favor 5 against. Meeting adjournftd at 9' 13 P m 'j 1 ~)j;L4C,~:J? "- S Wanda Sang, City cterk APPROVED BY CITY COUNCIL ON March 24, 2003 BY A VOTE OF ~ to ~ / The precedihg Minutes were prepared ac rding to ~47 of Robert's Rules of Order 1 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