HomeMy WebLinkAboutCity Council Minutes 06/12/2006
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CITY OF WHEAT RIDGE, COLORADO
June 12, 2006
Mayor DiTullio called the Regular City Council Meeting to order at 7.00 p m Councilmembers
present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz,
Mike Stites, and Terry Womble Also present: City Clerk, Pamela Anderson, 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 Mav 22, 2006
- Motion by Mr Gokey for approval of the Minutes of May 22, 2006, seconded by Mrs Sang,
carried 8-0
PROCLAMATIONS AND CEREMONIES
Mayor DiTullio presented a Certificate of Appreciation plaque to the Wheat Ridge Rotary Club
for the financial support of the Wheat Ridge Recreation Center Members accepting for the
Rotary Club were Mr Watson and Mr Gilmore
Mayor DiTullio presented a Certificate of Recognition plaque to Sergeant Paula Balafas for
promoting and administering the Police Department's Citizen Academy Police Chief Daniel
Brennan accepted the award on behalf of Sergeant Balafas and recognized Police Citizen
Academy graduates who attended the ceremony
Meeting was recessed at 7 08 p.m for a brief reception The meeting was resumed at 721
pm
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CITY COUNCIL MINUTES JUNE 12, 2006
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CITIZENS' RIGHT TO SPEAK
Fire Chief Jim Payne made a public service announcement regarding the fireworks
ban in place for Jefferson County and Wheat Ridge Fire Protection District. He stated
that the fire danger is extremely high, and urged people to be careful.
EXECUTIVE SESSION
Motion by Mr Stites to go into Executive Session for a conference with the City Attorney
and appropriate staff under Charter Section 5 7(b)(1 )(D) and (b)(3) and Section 24-6-
402(4)(b), C R.S , specifically for the purpose of receiving legal advice on specific legal
questions and to consider real estate appraisals concerning the potential acquisition of
properties with the use of the City's allocable share of Jefferson County Open Space
funds (Van Gordon property and Northwest Lakewood Sanitation property)
and a report from City Attorney on litigation filed challenging Councils' approval of
rezoning for property at 7495 West 29th Avenue
He further moved to return to the open meeting at the close of the executive session for
the purpose of taking any formal action deemed necessary; seconded by Mr Womble,
carried 8-0
Adjourn to Executive Session at 7.23 p m Resumed at 758 P m
Item 1.
CONSENT AGENDA:
A. RESOLUTION 25-2006 - AMENDING THE FISCAL YEAR 2006
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$2,000 FOR ACCEPTANCE OF THE COLORADO REGIONAL
POLICING INSTITUTE GRANT
B RESOLUTION 26-2006 - AMENDING THE FISCAL YEAR 2006
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$17,164 FOR ACCEPTANCE OF AN EDWARD BYRNE MEMORIAL
BUREAU OF JUSTICE ASSISTANCE GRANT
C RESOLUTION 27-2006 - APPROVING A TOWER LEASE WITH
OPTIONS, ALLOWING T-MOBILE WEST CORPORATION TO
UTILIZE THE MUNICIPAL RADIO TOWER
CITY COUNCIL MINUTES JUNE 12, 2006
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D RESOLUTION 28-2006 - AMENDING THE FISCAL YEAR 2006
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$6,000 FOR THE ACCEPTANCE OF A GRANT FOR THE DESIGN
OF WILDLIFE VIEWING PLATFORMS
E. RESOLUTION 29-2006 - AMENDING THE FISCAL YEAR 2006
CONSERVATION TRUST FUND BUDGET TO REFLECT THE
APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN
THE AMOUNT OF $36,329 FOR THE ACCEPTANCE OF THE
STEVENS ELEMENTARY PLAYGROUND GRANT
F Approve Award of RFB-06-36 Herbicide Services in the amount of
$20,324 for 20C6 and $30,486 per year for 2007 and 2008 for a total of
$81,296
G Approve Award of RFB-06-29 Solid Plastic Lockers and Installation in
the amount of $68,900 for replacement of lockers at the Wheat Ridge
Recreation Center
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H Ratification of the purchase of a Police Department umnterruptible
power supply system in the amount of $105,250 35
Approve Award of SOQ-06-21 Geographic Information System (GIS)
Phase III in the total amount of $170,420
Consent Agenda was introduced and read by Mr Stites
Motion by Mr Stites for approval of the Consent Agenda, seconded by Mrs Sang
Mr Stites called for the previous question, seconded bv Mrs Sang, carried
6-2, with Mrs Berry and Mr Gokey voting no
Mr Gokey is opposed to this because he feels he has been censured and is not allowed
to bnng to the public needed information what we are passing in this $360,000 Consent
Agenda
Original motion carried 7-1, With Mr Gokey voting no
CITY COUNCIL MINUTES JUNE 12, 2006
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PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL NO 10-2006 - AN ORDINANCE ADOPTING
AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS
PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL
RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE
AND SECTION 26-107 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS
CONCERNING THE EXPIRATION OF BUILDING PERMITS
Mayor DiTullio opened the public hearing
Council Bill 10-2006 was introduced on second reading by Mr Gokey, who also read
the title Executive Summary was read by City Clerk Pam Anderson, who also assigned
Ordinance No 1360
Alan White, Director of Community Development, presented the staff report.
Beth McBride, 5801 W 33rd Avenue, testified in support of the ordinance
City Council asked questions and made comments regarding the ordinance
Mayor DiTullio closed the public hearing
Motion by Mr Gokey to approve Council Bill 10-2006 (Ordinance No 1360) on second
reading and that it take effect 15 days after final publication with the following
amendment:
Add to the end of Sections 105 5, R105 5, and 26-107(A)(3) the following language
"The extension shall be granted if it is demonstrated that the extension will assist
or expedite the completion in a timely manner. Any denial of an extension may
be appealed to the Director of Community Development. "
Seconded by Mr Womble, carried 8-0
Item 3.
COUNCIL BILL NO 11-2006 - AN ORDINANCE AMENDING THE
WHEAT RIDGE CODE OF LAWS CONCERNING CONTRACTORS'
LICENSES AND INSURANCE
Mayor DiTullio opened the public hearing
Council Bill 11-2006 was introduced on second reading by Mr Gokey, who also read
the title City Clerk Pam Anderson read the Executive Summary, Statement of the
Issues and assigned Ordinance No 1361
CITY COUNCIL MINUTES: JUNE 12, 2006
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Alan White, Director of Community Development, presented the staff report.
City Council asked questions and made comments on the item
Mayor DiTullio closed the public hearing
Motion by Mr Gokey to approve Council Bill 11-2006 (Ordinance No 1361) on second
reading and that it take effect 15 days after final publication with the follOWing
amendments to our published ordinance
(d) Insurance. A certificate liability insurance from an insurance company
licensed to do business in the state shall be filed with the city prior to
issuance of any Class A, 8 or C municipal contractor license. Said
certificate shall name the city as policy holder or additional insured. The
limits of such coverage shall include workers compensation and
employer's liability in the amount of two hundred fifty thousand dollars
($250,000) per person and one million dollars ($1,000,000) per accident; and
general liability coverage in the amount of two hundred fifty thousand
dollars ($250,000) per occurrence and one million dollars ($1,000,000)
general aggregate.
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(e) License and Permit Bond. A cash bond in the amount of ten thousand
dollars ($10,000) shall be deposited with the city prior to issuance of any
Class A, 8, or C municipal contractor licenses. The bond shall be held by
the city to insure completion of any work permitted to the municipal
contractor and to warrant any work performed under a license for a period
of two years. An insurance company performance and warranty bond
acceptable to the director of public works may be substituted for the
required cash bond.
And I further move to amend the motion to remove the insurance
requirement for contractors doing business on residential property in the
City of Wheat Ridge.
Seconded by Mr Womble
Upon Mr White's questioning for clarification, Mr Gokey confirmed that he wants no
insurance requirements for residential property, such as singe family residences.
Mr Gokey would like this discussed at a Study Session to wordsmith the language
Main Motion as amended failed 2-6, with Mr Gokey and Mr Womble voting yes
CITY COUNCIL MINUTES. JUNE 12, 2006
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Motion by Mr Gokey to take this item to a study session for further discussion,
seconded by Mr Womble, failed 3-5, with Councilmembers Gokey, Schulz, and
Womble voting yes.
Motion by Mrs Sang to approve Council Bill 11-2006 (Ordinance No 1361) on second
reading and that it take effect 15 days after final publication with the following
amendments
(d) Insurance. A certificate liability insurance from an insurance company
licensed to do business in the state shall be filed with the city prior to
issuance of any Class A, B or C municipal contractor license. Said
certificate shall name the city as policy holder or additional insured. The
limits of such coverage shall include workers compensation and
employer's liability in the amount of two hundred fifty thousand dollars
($250,000) per person and one million dollars ($1,000,000) per accident; and
general liability coverage in the amount of two hundred fifty thousand
dollars ($250,000) per occurrence and one million dollars ($1,000,000)
general aggregate.
(e) License and Permit Bond. A cash bond in the amount of ten thousand
dollars ($10,000) shall be deposited with the city prior to issuance of any
Class A, B, or C municipal contractor licenses. The bond shall be held by
the city to insure completion of any work permitted to the municipal
contractor and to warrant any work performed under a license for a period
of two years. An insurance company performance and warranty bond
acceptable to the director of public works may be substituted for the
required cash bond.
Seconded by Mrs Rotola, carried 7-1 with Mr Gokey voting no
Item 4.
COUNCIL BILL NO 12-2006 - AN ORDINANCE AMENDING CHAPTER
11 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED LICENSES,
PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS,
SPECIFICALLY CODE SECTION 11-170 CONCERNING THE
REGULATION OF PAWNBROKERS
Mayor DiTullio opened the public hearing
Council Bill 12-2006 was introduced on second reading by Mrs Sang, who also read
the title City Clerk Pam Anderson read the executive summary and assigned Ordinance
No 1362
CITY COUNCIL MINUTES JUNE 12, 2006
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City Attorney Gerald Dahl was present for questions from the City Council
Mayor DiTullio closed the public hearing
Motion by Mrs Sang to approve Council Bill 12-2006 (Ordinance No 1362) on second
reading and that it take effect 15 days after final publication, seconded by Mr Womble,
carried 8-0
ORDINANCES ON FIRST READING
Item 5.
COUNCIL BILL NO 13-2006 -AN ORDINANCE ADOPTING A NEW
ARTICLE X OF CHAPTER 11, CONCERNING THE LICENSING OF
MASSAGE THERAPISTS AND MASSAGE THERAPY CENTERS, AND
REPEALING ARTICLES X AND XI OF CHAPTER 16, CONCERNING
MASSAGE PARLORS AND MASSAGE THERAPY PRACTICE.
Council Sill 13-2006 was introduced on first reading by Mrs Rotola
Motion by Mrs Rotola to approve Council Bill 13-2006 on first reading, order it
published, public hearing set for Monday, June 26,2006 at 7:00 p.m in the City
Council Chambers, and that it take effect January 1, 2007, seconded by Mrs Sang,
- carried 8-0
DECISIONS. RESOLUTIONS AND MOTIONS
Mr Dahl introduced two possible motions by City Council
Motion by Mr Gokey to direct staff to continue with efforts to evaluate and acquire the
Van Gordon property and bnng those efforts back to Council including analysis of the
environmental conditions on the property; seconded by Mr Schulz and Mrs Rotola,
carried 5-3, with Councilmembers Adams, Sang, and Womble voting no
ELECTED OFFICIALS' MA TIERS
City Clerk Pamela Anderson reminded citizens to vote in the August 8 Primary Election and
gave information on how to obtain an absentee ballot.
Mayor DiTulliO informed citizens that no fireworks of any kind are allowed in Wheat Ridge
There IS a significant fire danger He encouraged people to attend regulated fireworks events
CITY COUNCIL MINUTES JUNE 12, 2006
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Mr Womble left the meeting at 8 46 P m.
Consensus was 4-3 to move to a study session a discussion of the renterlleaser inspection
program
Mr. Womble returned to the meeting at 8:52 p.m.
Mrs Rotola reminded everybody that it is illegal to put signs on telephone poles
Meeting adjourned at 8 56 P m
APPROVED BY CITY COUNCIL ON JUNE 26, 2006 BY A VOTE OF ~ to ~
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Mike Stites, 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 Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions