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HomeMy WebLinkAboutCity Council Minutes 06/12/2006 (C]rY~~ 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 - CITY COUNCIL MINUTES JUNE 12, 2006 Page -2- 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 Page -3- 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 - 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 Page -4- 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 Page -5- 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. - (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 Page -6- 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 Page -7- 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 Page -8- 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 ~ ~,r\l~~~~c 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