City Council Agenda
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C O L O R A D O March 8, 2010 7:00 P.M. CITY COUNCIL AGENDA NOTICE TO READERS: City Council meeting packets are prepared several days prior to the meetings. Timely action and short discussion on agenda items is reflective of Council’s prior review of each issue with time, thought and analysis given. Members of the audience are invited to speak at the Council meeting. Citizen Communication (Section 7) and Citizen Presentations (Section 12) are reserved for comments on any issues or items pertaining to City business except those for which a formal public hearing is scheduled under Section 10 when the Mayor will call for public testimony. Please limit comments to no more than 5 minutes duration except when addressing the City Council during Section 12 of the agenda. 1. Pledge of Allegiance 2. Roll Call 3. Consideration of Minutes of Preceding Meetings 4. Report of City Officials A. City Manager's Report 5. City Council Comments 6. Presentations A. 98th Anniversary of Girls Scout USA Proclamation B. Earth Hour Proclamation C. Colorado Chapter of the American Public Works Association Award Presentation D. 2010 Metropolitan Mayors’ and Commissioners’ Youth Award 7. Citizen Communication (5 minutes or less) The "Consent Agenda" is a group of routine matters to be acted on with a single motion and vote. The Mayor will ask if any Council member wishes to remove an item for separate discussion. Items removed from the consent agenda will be considered immediately following adoption of the amended Consent Agenda. 8. Consent Agenda A. Water Purchase Negotiations Agreement B. Utilities Engineering Services Agreements C. Quail Creek/Bull Canal Wetland Mitigation Project - Construction Contract D. Swim and Fitness Center Conceptual Master Plan and Construction Documents Contract E. Second Reading of Councillor’s Bill No. 7 re Right-of-Way Vacation of Tennyson Street - Main St. to 120th Ave. 9. Appointments and Resignations 10. Public Hearings and Other New Business A. Resolution No. 6 re General Fund Stabilization Reserve re Amended Policy and Establishment as a Separate Fund B. Councillor’s Bill No. 8 re 2009 4th Quarter Budget Supplemental Appropriation C. Councillor’s Bill No. 9 re City Park Playground Supplemental Appropriation D. Councillor’s Bill No. 10 re Gas and Electric Franchise with Public Service Company of Colorado d/b/a Xcel Energy 11. Old Business and Passage of Ordinances on Second Reading 12. Citizen Presentations (longer than 5 minutes), Miscellaneous Business, and Executive Session A. City Council 13. Adjournment GENERAL PUBLIC HEARING PROCEDURES ON LAND USE MATTERS A. The meeting shall be chaired by the Mayor or designated alternate. The hearing shall be conducted to provide for a reasonable opportunity for all interested parties to express themselves, as long as the testimony or evidence being given is reasonably related to the purpose of the public hearing. The Chair has the authority to limit debate to a reasonable length of time to be equal for both positions. B. Any person wishing to speak other than the applicant will be required to fill out a “Request to Speak or Request to have Name Entered into the Record” form indicating whether they wish to comment during the public hearing or would like to have their name recorded as having an opinion on the public hearing issue. Any person speaking may be questioned by a member of Council or by appropriate members of City Staff. C. The Chair shall rule upon all disputed matters of procedure, unless, on motion duly made, the Chair is overruled by a majority vote of Councillors present. D. The ordinary rules of evidence shall not apply, and Council may receive petitions, exhibits and other relevant documents without formal identification or introduction. E. When the number of persons wishing to speak threatens to unduly prolong the hearing, the Council may establish a time limit upon each speaker. F. City Staff enters a copy of public notice as published in newspaper; all application documents for the proposed project and a copy of any other written documents that are an appropriate part of the public hearing record; G. The property owner or representative(s) present slides and describe the nature of the request (maximum of 10 minutes); H. Staff presents any additional clarification necessary and states the Planning Commission recommendation; I. All testimony is received from the audience, in support, in opposition or asking questions. All questions will be directed through the Chair who will then direct the appropriate person to respond. J. Final comments/rebuttal received from property owner; K. Final comments from City Staff and Staff recommendation. L. Public hearing is closed. M. If final action is not to be taken on the same evening as the public hearing, the Chair will advise the audience when the matter will be considered. Councillors not present at the public hearing will be allowed to vote on the matter only if they listen to the tape recording of the public hearing prior to voting. CITY OF WESTMINSTER, COLORADO MINUTES OF THE CITY COUNCIL MEETING HELD ON MONDAY, FEBRUARY 22, 2010 AT 7:00 P.M. PLEDGE OF ALLEGIANCE Boy Scouts in attendance led the Mayor, Council, staff and audience in the Pledge of Allegiance. ROLL CALL Mayor Nancy McNally, Mayor Pro Tem Chris Dittman, and Councillors Bob Briggs, Mark Kaiser, Mary Lindsey, Scott Major, and Faith Winter were present at roll call. J. Brent McFall, City Manager, Marty McCullough, City Attorney, and Linda Yeager, City Clerk, also were present. CONSIDERATION OF MINUTES Councillor Major moved, seconded by Dittman, to approve the minutes of the regular meeting of February 8, 2010, as distributed. The motion passed unanimously. CITY MANAGER’S REPORT Mr. McFall announced that immediately following this meeting, the City Council would convene in executive session to consult with the City Attorney to obtain Council’s direction concerning negotiations and possible settlement of a contract dispute pursuant to § 1-11-3(C)(7) and §1-11-3(C)(8) of the Westminster Municipal Code and § 24-6-402(4)(e) of the Colorado Revised Statutes. CITY COUNCIL COMMENTS Mayor McNally announced that the City had recently acquired the Macy’s building at the Westminster Mall. Coupled with the Trail Dust Steakhouse parcel previously purchased, the City now owned about 10 percent of the overall mall area. The properties had been acquired after the City was approached by interested sellers. The Police and Fire Departments were using the Trail Dust building as a training venue since its acquisition, and the structure was scheduled for demolition by Alpine Demolition in early March. These steps evidenced of the City’s aggressive pursuit of redevelopment in accordance with an articulated vision for the site. A request for proposals had been advertised in the fall of 2009, and nine highly qualified firms had been interviewed. As a result, the City recently had entered into an exclusive negotiating agreement with Steiner & Associates and anticipated having a pre- development agreement in place within the next six months. Progress was being made and was being documented on the City’s website for ease of public access. This was an exciting time and Council was pleased to make this announcement. Mayor McNally reported that a $10 million TIGER grant had been received by the US 36 Coalition, and members of the coalition would be traveling to Washington, DC the next day to lobby for this project to be included in the new Authorization Act for Transportation so it could be constructed. The TIGER grant would be matched with $30 million from the Colorado Department of Transportation and an, as yet, unspecified amount from the Regional Transportation District. The project was to construct two HOV lanes for travel in both directions between Boulder and Pecos Street. PRESENTATIONS Councillor Briggs presented five Eagle Scouts with Certificates of Appreciation for each having completed projects at historic landmark sites throughout the City. Each Scout had organized the work crews and obtained donations of materials and specialty craft labor. Crews coordinated their work with the Westminster Historical Society or Vicky Bunsen, the City’s Programs Coordinator for historic preservation efforts. Jack Kern had constructed a flagstone Westminster City Council Minutes February 22, 2010 – Page 2 plaza, a protective fence, and the cleanout of a 1880s hand-dug well at the Semper Farm; Jeffrey Stroud had repaired and rehabilitated a 1961 pumphouse at the Semper Farm; Ryan Steinhour had landscaped the entrance to Shoenberg Farm at 73rd Avenue; Devin Arkfeld had restored Shoenberg farm equipment located at the Bowles House; and Ben Droste had landscaped to improve drainage at the original City Hall structure located on the Bowles House parcel. Each Scout was present with family and friends to receive his certificate and Council’s recognition. CITIZEN COMMUNICATION Kaaren Hardy and Laura Vandenbosch of the Historic Landmark Board added the Board’s thanks to the Eagle Scouts for their contributions to the preservation of historic landmarks. Ms. Hardy also voiced gratitude to City Council for having sent members of the Board to the annual conference of Colorado Preservation, Inc. Maria and Armando Dominguez, 10931 West 107th Place, urged Council to consider amending the City Code so that backyard chickens would be allowed in Westminster. CONSENT AGENDA The following items were submitted for Council’s consideration on the consent agenda: acceptance of the January 2010 Financial Report;