HomeMy WebLinkAboutCity Council Minutes 11/13/2006
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CITY OF WHEAT RIDGE, COLORADO
November 13. 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: Deputy City Clerk, Christa Jones; City
Manager, Randy Young; Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl;
Director of Community Development, Alan White; Director of Parks and Recreation, Joyce
Manwaring; and interested citizens.
APPROVAL OF MINUTES OF October 23" 2006
Motion by Mr. Schulz for approval of the Minutes of October 23, 2006; seconded by Mr.
Womble; carried 8-0.
Mayor DiTullio asked for a moment of silence to honor all Veterans and to remember the
victims of the hit and run accident that killed a mother and her 2 children.
~ITIZENS' RIGHT TO SPEAK
There was no one present to speak.
PUBLIC HEARINGS
Item 1.
RESOLUTION 51-2006 - ADOPTING THE 2006 PARKS AND
RECREATION MASTER PLAN AND BY SUCH ADOPTION, AMENDING
THE WHEAT RIDGE COMPREHENSIVE PLAN.
Mayor DiTullio opened the Public Hearing.
Resolution 51-2006 was introduced by Mr. Stites.
Joyce Manwaring, Parks and Recreation Director, gave background on creation of the
Master Plan and introduced Chad Schneckenburger of EDAW, who had been
contracted to prepare the Master Plan. Mr. Schneckenburger gave background on how
the plan had been processed and gave power point presentation outlining the plan.
Alan White, Community Development Director, recommended that this plan be adopted
as part of the Comprehensive Plan superseding what is currently in the plan. This will
provide guidance for making decisions on amending current regulations and reviewing
land use cases. It is a living and evolving document that will change over time. It will
not be implemented all at once.
CITY COUNCIL MINUTES: November 13, 2006
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The following speakers appeared before Council:
Mildred Tucker, Golden, asked that the part of the trail that crosses and actually
bisects the Redwing Ranch at 11000 West 38th Avenue be removed from the plan for
now and for the future. There is a Conservation Easement from Ernestine Williams for
protection of wild birds and animals in perpetuity. The last Mrs. Williams would have
wanted would have been easy access into the heart of her property. Boys can shoot
BB's and pellets and set traps. It will be almost impossible to patrol the trail when the
summer days are long and warm. Prospect Valley School is immediately south of the
Ranch property.
Claudia Callas, Wheat Ridge, does not want a path through Ernestine Williams'
property. We hardly have any of these little farms left. This path would separate the
horses that are kept on the south side from their water.
Steve Newton, Wheat Ridge, is opposed to Lena Gulch bike trail. Neither he nor his
neighbors had heard anything about this plan. There should be a better way to notify
residents, like certified mail.
Mark Sares, Quail Street, is opposed to bike path along Lena Gulch as well as the
proposed connection north across that property from Quail all the way to 38th. He also
agreed we need a better notification system. Wildlife will already be stressed by new
development going in. There is not enough room along that road and not enough
buffer. He was also concerned about delinquent behavior.
Kevin Hood, Parks & Recreation Chair and on the board of Wheat Ridge 2020 as the
Vice President, spoke in favor of the Master Plan. The plan has been diligently studied
by the Parks and Recreation Commission. We need a long term platform upon a great
City and great community can be built.
Kevin Lentz, Wheat Ridge, is in support of the plan in general, but objects to the Rocky
Mountain Ditch trail. He and 4 of his neighbors have never heard of this bike trail.
When a trail system is proposed that affects property rights of private property owners,
they should be notified. The intersection of these 3 trails is in his backyard as it
presently looks.
Paula Mohwinkle, Wheat Ridge, read petition asking that the City Council remove the
Lena Gulch Trail from the proposed Bikeway Plan. Their reasons included, but were
not limited to conflict with existing use or purpose, Conservation Easement, concern for
Wildlife, threat to neighborhood.
CITY COUNCIL MINUTES: November 13, 2006
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Ginny Petty submitted petitions asking that City Council remove Quayle Street 32nd to
38th Avenue from the proposed bikeway plan. Their reasons included but were not
limited to concern for Conservation Easement, oasis for wildlife, encroachment on
private property.
Hamilton Lokey, Wheat Ridge, stated that his property abuts both Lena Gulch and
Open Space. He is opposed to the proposed plan. Private property is so close to this
and the steepness of the bank would require serious impact on the property owners if
they gave easements. He noticed that you could have more than 50 feet setback from
some of the homes in the area. What about safety? Where Lena Gulch enters Clear
Creek is a haven for the homeless. If you put a trail through there it will become a
haven for predators. He submitted maps that he got from Google.
Bill O'Dell, Wheat Ridge, his comments are directed to the area from Anderson Park up
to 38th Avenue, where Mr. Lokey lives. He doubts that the proponents of the trail
system actually walked the area that they are seeking to construct a trail on. It is very
narrow in places. City will be faced with many condemnation actions; diminishing
property values; cost is a consideration. He urged Council to remove both Rocky
Mountain Ditch and Lena Gulch area from the scope of the Master Plan.
Herb Schillereff, Wheat Ridge resident since 1963, once member of Board of
Adjustment for 10 years. He is opposed to the whole plan. There hasn't been adequate
planning or information. Stepping on too many residential owners. No one knows
anything about it. People found out about this over the weekend. Notify property
owners and work together.
Fred Walker, Wheat Ridge, owns less than an acre of ground and Rocky Mountain
Ditch runs through the middle of it. Can't imagine people walking through this. They
would look right into his house. Eliminate Rocky Mountain Ditch and Lena Gulch from
this trail.
Daryl Green, represents group of home owners above 32nd that goes to Chester
Portsmouth Park. They are opposed to bike path going along Lena Gulch, it is all on
private property, it's just a drainage easement, not for other use. It is not conducive to
their way of living. This is the third time this idea has come up.
Louise Turner, Wheat Ridge, handed Clerk 3 pictures of Lena Gulch and stated the
power of water that goes through Lena Gulch cannot be ignored. It is a flood channel.
Every time the water gets high in the Maple Grove Reservoir, Consolidated Mutual lets
it out. For years they got flooded. Element of safety has been totally overlooked.
Comments have been made tonight about the Williams property. It has been labeled by
the Colorado Open Lands as the "Williams Wildlife Preserve". It is a 12 ~ acre property
that is intended to stay green. She is one of the owners of the property and is also
speaking on behalf of the other owner.
CITY COUNCIL MINUTES: November 13,2006
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This is private property like everything else in Lena Gulch. It can be sold, but the
easement stays with the land in perpetuity. It cannot be divided and is not intended for
public access. It is intended to be a protection for the wildlife and a preservation of
agricultural uses. City does not have to maintain it or do anything else with it. Lena
Gulch cuts right through this property.
She submitted petitions asking that the two properties be taken off the bikeway plan. In
addition to what Council has proposed in their motion to take Section 4.20 in the plan
book out. It should say something to the effect that it is inappropriate for trail use. She
was shocked to see that her property would be cut in half by a bikeway. She would like
the map to read "inappropriate for trail use". 3 years from now a different Council will
bring this right back. Give a little bit of stability and take it off now.
Caroline Green, bordering on the west side of the Ernestine Williams Conservation
Easement, thinks it would be a tremendous liability for the City to have a public pathway
there. If this goes through they will have fight. Respect Mrs. Williams' conservation
easement. It is not a good thing that the public was not notified. Listen to the people
who live on Lena Gulch for the privacy and the quiet.
Mike Osborne, speaking for neighbors who live on Lena Gulch. Nobody in this room
who want that trail in their backyard.
Russ Kynzl agreed with virtually everything that has been said. He submitted petitions.
Katie Copher thanked Mike Stites, the Mayor, Joyce Manwaring and Alan White for
returning her e-mails and thanked everybody tonight for showing up. She is against
this, it is in her backyard.
Kirk Hicks owns property at 7395 West 32nd Avenue in Wheat Ridge, but does not live
in the City of Wheat Ridge. There are 4 individual houses on that acre. His property is
on Rocky Mountain ditch and he is against the proposal.
Kathy Kerrns, backs up to Mrs. Williams Wildlife Sanctuary, is against any type of bike
way or pathway along Lena Gulch.
Linda Gibbard, Wheat Ridge, and her neighbors, have had huge problems with school
traffic from Prospect Valley Elementary School. They have had used disposable
diapers, soda cans, garbage, strewn up and down Quail Street; she had 2 boys in her
backyard who scaled her fence; they have all kinds of problems in warm weather with
kids congregating in the school yard of Prospect Valley Elementary School; firecrackers
shot off along Lena Gulch; they have all sorts of wildlife, such as the neighborhood fox
and Canadian geese. They do not need a bike path on Quail Street or Lena Gulch.
Supports everyone who is against this tonight.
CITY COUNCIL MINUTES: November 13,2006
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Mike Celaya, lives near 32nd & Wadsworth, is registering his opposition to the bike path
along Rocky Mountain Ditch. It would cut into his own property and bisect the property
of his neighbor to the north, as well as Mr. Hicks' property directly to the east. He is an
avid cyclist, rides all over Wheat Ridge, rides to Golden, no problem riding on the
streets when necessary. Find other ways that don't cut through people's backyard.
Mayor DiTullio asked the Clerk to read letters into the record that were submitted by
residents not able to attend the meeting. The letters expressed to the Lena Gulch trail.
They were submitted by Patrick and Laurie Koentges and Susan Turner.
Council discussion and questions followed.
Mayor DiTullio closed the Public Hearing.
Motion by Mr. Stites to adopt Resolution 51-2006. I further move that the final Parks
and Recreation Master Plan reflect punctuation and grammatical corrections, minor
clarifications and format changes in addition to the significant recommended additions
and changes to the Draft Master Plan presented at the October 16, 2006 City Council
Study Session and outlined in the "Statement of Issues" section of this Council Action
Form. I further move that the final Parks and Recreation Master Plan reflect the
deletion of Chapter 4 - Page 20 pertaining to trail recommendations located on Lena
Gulch and Rocky Mountain Ditch and any associated references in the remainder of the
document; seconded by Mrs. Sang; carried 7-1 with Mr. Gokey voting no.
Mayor DiTullio called for a 15 Minute break at 8:47 p.m.
Meeting reconvened at 9:03 p.m.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 2.
RESOLUTION 52-2006 - DESIGNATING THE JEFFERSON COUNTY
DEPARTMENT OF HEALTH AND ENVIRONMENT AS THE
GOVERNING BODY TO OVERSEE THE ADMINISTRATION OF
METHAMPHETAMINE LABORATORY CLEANUP ON PROPERTIES
WITHIN THE CITY OF WHEAT RIDGE.
Resolution 52-2006 was introduced by Mrs. Rotola.
Motion by Mrs. Rotola to approve Resolution 52-2006; seconded by Mrs. Sang;
carried 8-0.
CITY COUNCIL MINUTES: November 13, 2006
Page -6-
Item 3.
Award of RFP-06-31 Custodial Services at City Hall in the amount of
$29,760 annually to KG Clean, Inc. of Broomfield, Colorado.
Motion by Mr. Womble to award RFP-06-31 Custodial Services at City Hall to KG Clean,
Inc. of Broomfield, Colorado in the amount of $29,760.00 annually to be charged to
Acct. No. 01-118-700-774; seconded by Mrs. Rotola; carried 7-1 with Mr. Gokey voting
no.
Item 4~
Parks and Recreation Commission Appointment.
Motion by Mrs. Adams to appoint Helen Huitt to the Parks & Recreation
Commission; term to expire March 2008; seconded by Mr. Stites;
carried 8-0.
Motion by Mr. Stites to adjourn to Executive Session for a Personnel Matter under
Charter Section 5.7(2) and Section 24-6-402(4)(F), C.R.S., specifically Performance
Evaluation of the City Manager. Return to Open Meeting at close of Executive Session
for the purpose of taking any formal action deemed necessary; seconded by Mr.
Womble; carried 8-0.
Meeting adjourned to executive session at 9:10 p.m.
EXECUTIVE SESSION WAS HELD
Meeting reconvened at 9:50 p.m.
Motion by Mr. Stites to increase the City Manager's salary by 5% annually, effective
November 1, 2006. He further moved to amend the City Manager's employment
agreement as follows:
1. Accrual of vacation leave on an annual basis at the highest rate provided to any
other employee (14 hours/month).
2. Six (6) months health insurance, life insurance and disability benefits upon
termination.
3. Definition of termination to include:
Cl Change in form of government affecting manager's duties.
Cl If asked to resign.
4. Resignation time frame required: 30 days rather than 45 days.
Seconded by Mr. Womble; tied 4-4. Mayor DiTullio broke the tie by voting yes. Motion
carried 5-4 with Councilmembers Berry, Schulz, Rotola, and Adams voting no.
ELECTED OFFICIALS' MATTERS
Karen Berry attended the CML policy meeting. One of the big topics was ethics in
government and what it will do to elected officials and City employees. She asked for
consensus that the topic of ethics will be brought to next available study session.
Consensus was 7 in favor.
CITY COUNCIL MINUTES: November 13, 2006
Page -7-
Wanda Sang wondered if we could find a better way to inform citizens of what is going
on in their neighborhood. If we have to send them a letter, so be it. People need to be
aware and need to comment on it.
Jerry DiTullio announced that the Parks Director had asked him to inform the public that
the Parks Commission will meet this week, but they will not discuss Lena Gulch and
Rocky Mountain Ditch.
Meeting adjourned at 10:00 p.m.
~~ ~Q~
Christa Jones, Deputy ~y Clerk
APPROVED BY CITY COUNCIL ON NOVEMBER 27, 2006 BY A VOTE OF q; to 0
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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.