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HomeMy WebLinkAboutCity Council Minutes 07/10/2006 -_lMDWmB CITY OF WHEAT RIDGE, COLORADO July 10, 2006 Mayor DiTullio called the Regular City Council Meeting to order at 7'00 p m Councilmembers present: Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble Councilor Karen Adams was absent. 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 June 26, 2006 Motion by Mrs. Sang for approval of the Minutes of June 26, 2006; seconded by Mr. Stites. Mr. Gokey asked to amend the Minutes to reflect that Mr. Dahl answered questions in regards to the distance from the main entrance in regards to the new smoking ordinance Motion as amended carried 7-0 PROCLAMATIONS AND CEREMONIES - Mayor DiTullio and Chief Brennan presented Medals of Valor to four exceptional Police Officers Sgt. J.D. Jepkema Sgt. Jon Pickett Officer Scott Jungclaus Officer Charles Hemming Mayor DiTullio stated that he was contacted by a constituent and asked to present a plaque to Dean Gokey, City Council District II, in recognition and appreciation of his services to the City of Wheat Ridge. Mayor DiTullio, Councilmember Sang, and Council President Mike Stites accepted the City of Wheat Ridge - 2006 Civics Awareness Program Winner award presented by Colorado Municipal League Rob Osborn, Executive Director for Wheat Ridge 2020, outlined some of the programs they have done in the last 8 weeks. He is very excited to be here CITY COUNCIL MINUTES: July 10, 2006 Page -2- Mayor DiTullio read Proclamation for Recreation and Parks Month and presented it to Kevin Hood, Chair of the Parks and Recreation Commission CITIZENS' RIGHT TO SPEAK There were no citizens that wished to speak under this item. APPROVAL OF AGENDA Motion by Mr Schulz to amend the Agenda to add Item 8, RESOLUTION 33-2006 A RESOLUTION AMENDING THE 2006 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT $23,000 FOR THE PURPOSE OF ABATEMENT OF CODE VIOLATIONS AT 4590 KIPLING STREET, seconded by Mr. Gokey; carried 7-0 Item 1. CONSENT AGENDA: A. Award ITB-06-11 2006 Slurry Seal Project in the amount of $290,684.90. B Award ITB-06-47 Miscellaneous Streets Improvement Project in the amount of $432,240 38. C Award RFB-06-33 Radar Speed Display Signs at a total cost of $25,000 00 - Consent Agenda was introduced and read by Mrs Rotola Motion by Mrs. Rotola for approval of the Consent Agenda, seconded by Mr Womble, carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 14-2006 - AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 9 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, CONCERNING SMOKING IN PUBLIC PLACES. Mayor DiTullio opened the public hearing. Council Bill 14-2006 was introduced on second reading by Mr. Schulz and he read the executive summary. City Clerk Pam Anderson assigned Ordinance No. 1364. Mr. Dahl gave a brief staff report outlining the state legislation. David Hanscom, 6595 W. 38th Avenue, Wheat Ridge Lanes, urged Council not to exceed the specifications that State law requires Don't exceed the distance that the State has set. CITY COUNCIL MINUTES: July 10, 2006 Page -3- Tom Little, 7605 West 44th Avenue, Unit F, asked for support of the proposed amendment pertaining to a five foot radius. Mayor DiTullio closed the public hearing Motion by Mr. Schulz to approve Council Bill 14-2006 (Ordinance No. 1364) and that it take effect immediately upon adoption, seconded by Mrs. Berry. Motion by Mrs Sang to amend subsection (6), Section 9-22, Article II, by deleting the last sentence in its entirety and replacing the same with the following sentence: "The specified radius shall be five (5) feet; provided, however, that if that specified radius would prohibit smoking on a patio where smoking is otherwise allowed by this Article or by state law, such radius shall be reduced to zero (0) feet in that case to allow for smoking on such patio". seconded by Mr. Womble and Mr. Gokey; failed 3-4, with Councilmembers Sang, Womble, and Gokey voting yes. Original motion carried 6-1, with Mr. Womble voting no Item 3. COUNCIL BILL 15-2006 - AN ORDINANCE APPROVING THE PARTIAL REVOCATION OF AN EASEMENT AND THE GRANT OF AN ADDITIONAL EASEMENT TO THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS - Mayor DiTullio opened the public hearing Council Bill 15-2006 was introduced on second reading by Mr Womble and he read the executive summary. City Clerk Pam Anderson assigned Ordinance No 1365 Joyce Manwaring, Director of Parks and Recreation, stated that she has been informed by Denver Water that there is a discrepancy in the legal description. Mr Dahl suggested that Council approve the Ordinance and take further action that the Parks and Recreation Director substitute the corrected legal and survey that the Water Department will provide, before the documents are recorded. That will protect the City until the documents are recorded. Mayor DiTullio closed the public hearing -- CITY COUNCIL MINUTES' July 10, 2006 Page -4- Motion by Mr Womble to approve Council Bill 15-2006 (Ordinance No 1365) on second reading, and that it take effect 15 days after final publication He further moved to direct the Director of Parks and Recreation to substitute the corrected legal description and survey for Exhibit B of Ordinance 1365, when supplied by the Denver Water Department, and prior to recording of the partial release of Easement Agreement of the new Easement Agreement; seconded by Mrs Rotola, carried 7-0 ORDINANCES ON FIRST READING Item 4. COUNCIL BILL 16-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURE ONE (A-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) FOR PROPERTY LOCATED AT 5220 QUAIL STREET, CITY OF WHEAT RIDGE, COUNTY OF .JEFFERSON, STATE OF COLORADO. (Case No WZ-06-02) (Wilson Community Development) Council Bill 16-2006 was introduced on first reading by Mrs. Rotola. Motion by Mrs. Rotola to approve Council Bill 16-2006 on first reading, order it published, public hearing set for Monday, July 28, 2006 at 7:00 p m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Schulz; carried 7-0 - Item 5. COUNCIL BILL 17-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT (PCD) FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF STATE HIGHWAY 58 AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (Case No. WZ-06-03) (Coors Brewing Company and Cabela's) Council Bill 17-2006 was introduced on first reading by Mr Stites. Motion by Mr Stites to approve Council Bill 17-2006 on first reading, order it published, public hearing set for Monday, August 14, 2006 at 7 00 p.m in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Sang, carried 7-0. DECISIONS, RESOLUTIONS, AND MOTIONS Item 6. Award ITB-06-35 Youngfield Street, 38th to 44th Avenue Improvement Project Construction in the amount of $2,095,517 02. Item 6 was introduced by Mr Stites CITY COUNCIL MINUTES: July 10, 2006 Page -5- Motion by Mr. Stites to award ITB-06-35 to Scott Contracting of Golden, Colorado in the amount of $1 ,905,01547 I further move that a contingency amount of $190,501,55 be approved I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $2,095,517.02 I further move that all costs associated with this contract be paid from Acct. No 30-303-800-843, and that these funds be encumbered for the length of the project in accordance with Ordinance No. 787, 1989 Series, I further move that award of ITB-06-35, Youngfield Street, 38th to 44th Avenue Improvement Construction is contingent upon the issuance of a Colorado Department of Transportation Utility Permit for the construction of the project; seconded by Mrs. Sang; carried 7-0 Item 7. Wheat Ridge Foundation Appointment. Motion by Mrs Sang to appoint Don Eafanti to the Wheat Ridge Foundation Board; term to expire March 2,2009; seconded by Mr. Stites and Mr. Womble; carried 7-0. Item 8. RESOLUTION 33-2006 A RESOLUTION AMENDING THE 2006 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $23,000 FOR THE PURPOSE OF ABATEMENT OF CODE VIOLATIONS AT 4590 KIPLING STREET Resolution 33-2006 was introduced by Mr. Schulz. He also read the executive summary - Motion by Mr. Schulz to approve Resolution 33-2006, seconded by Mrs. Rotola; carried 7-0. Mrs. Berry explained that this will ultimately not be paid for by the taxpayers. The City will attempt to get the money back from the property owner or place a lien on the property Meeting adjourned at 7'57 p m. APPROVED BY CITY COUNCIL ON JULY 27, 2006 BY A VOTE OF ~ to ~ - I The preceding Minutes were prepared according to S47 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.