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HomeMy WebLinkAboutCity Council Minutes 11/13/2006 (CJrf Rl!JIm lIIImlB 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 Page -2- 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 Page -3- 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 Page -4- 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 Page -5- 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 D1 (;,J~ U fA 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.