Littleton City Council Citizen Minutes – October 20, 2009

Citizen Minutes 

 Regular Meeting of City Council

  October 20, 2009

 1.         Roll Call – Tom Mulvey was absent.

 2.         Pledge of Allegiance

 3.         Agenda

 4.         Minutes

 

a)         Minutes of Regular Meeting October 6, 2009

 

5.         Introduce New City Employees

 

6.         Citizens Appearances

 

a)         Guest Citizens

 

b)         Scheduled public appearances – Barb Johnson regarding Fine Arts Committee – Since this is a committee that I serve on I will give you a brief summary.  The Fine Arts Committee was allocated $10,000 in 2008 and 2009 to conserve Littleton’s art.  The Committee hired Barbara Johnson, a Conservator, to assess our bronze outdoor artwork and clean and wax them.  She gave an overview of the project to the council showing slides of the some of the adverse conditions some of the artwork is subjected to by being placed where they are.  She also showed slides of before and after of several of the pieces.

               

c)         Unscheduled public appearances* (limited to 4 minutes)

 

7.         Consent Agenda Items

 

a)         Ordinance on first reading regarding 2010 Annual Appropriation Ordinance and 2009 Mill Levy Ordinance – Approved 6/0

 

b)         Ordinance on first reading approving the Kensington-Cobblestone General Planned Development Plan Amendment No. 1 – Approved 6/0

 

c)         Resolution Approving Business Improvement District’s 2010 Operating Plan and Budget – Approved 6/0

 

d)         Intergovernmental Agreement with Colorado Department of Transportation RE: Automated Vehicle Identification Systems to Monitor Red Light Violations on State Highways within City Limits – Approved 6/0

 

 

 

8.         Second and Final Reading on Ordinances and Public Hearings

a)         Ordinance approving the Centennial Downs General Planned Development Plan Amendment No. 9 – This involves the northeast corner of the Home Depot parking lot area to allow for a separate building pad.  The Council agreed that the area is not used for parking and the development of the area would be a much better use.  Brinkman moved and Cole seconded the motion which passed 6/0.

 

b)         Ordinance adopting the 2009 International Codes and readopting the 1997 Uniform Code for the Abatement of Dangerous Buildings, the International Energy Conservation Code and standards relating to the installation and inspection of conveyances – There were several changes to the code that were considered.  The more notable were:

 

                        – Automated fire sprinkler system in all new townhouses and one and two-family residences.  Would not apply to remodeling or additions to existing single family residences not already sprinkled.

 

                        – New egress requirements for bonus rooms and habitable attic spaces.

 

                        – Carbon monoxide detectors in residential occupancies that have attached garages or fuel fired heating appliances.  These would have to be installed when a permit is issued for any work.

 

                        – A Third stairway for high-rise buildings and an increased width of stairways.

 

                        – New make-up air requirements for residential kitchens that exceed 400 cubic-feet-of-air-per minute (cfm).  This type of system would pull in outside air when the exhaust is running…..even in the dead of winter.

 

            Jim Taylor said Littleton had a reputation for being a difficult City and exceptions to the Code make it even more difficult for developers.  Having exceptions in the different cities makes it even more confusing for contractors.  It will become even more the case that contractors will not want to come to Littleton.  If it is in the code it should be enforced.  Codes drive up construction costs and the Code is bothersome to me.

 

            Woods said the sprinkler provision would apply to new construction and remodels.

 

            Jim Thelen said three or four jurisdictions were going to adopt the Code without the amendments.  Five or six are omitting the sprinkler systems.  Majority are talking to their councils about it in a study session.

 

            Doug Clark moved to remove the sprinkler system requirement for single family dwellings from the Code.  John Ostermiller seconded.  Motion pass 6/0. 

 

            Jose moved to delete the make-up air requirement in residential homes until the tempered air problem is fixed.  Taylor seconded.

 

            Jim Thelen said they needed to address the make-up air for the exhaust.  They could limit the cfm or temper the make-up air before it is brought into the home.

 

            Debbie Brinkman asked what kind of home are you building that you need that – it is extreme overkill.  It maybe a bad choice not to install a carbon monoxide detector but requiring it is “Nanny” stuff. 

 

            Clark said the building inspector could issue the approval for a tempered air system.

 

            Ostermiller asked if there was a trigger point for requiring make-up air in our homes.  Thelen said it was 400 cfm and the standard kitchen exhaust is 50 cfm.

 

            Clark urged a no vote on Jose’s motion which failed on a 1/6 vote with Jose alone voting yes.

 

            Clark moved to amend the Code to require the make-up air to be tempered and approved by the building inspector.  Motion passed 5/1 with Cole dissenting.

 

            The main motion passed 6/0.

 

 

c)         Ordinance Adopting the 2009 Edition of the International Fire Code with Appendices – Fire Marshall Jim Hofstra presented these changes which were more evolutionary than revolutionary.  The most notable concerns the installation of E5 fuel dispensing stations.  “These types of fuels are incompatible with some of the components commonly found in gasoline dispensing systems.”

 

            Brinkman moved to accept the changes, Jose seconded and the motion passed 6/0.

 

d)         Ordinance Amending City Code Sections 10-1-2 and 10-8-2 (C) and Adding Section 10-4-15 Related To Small Wind Energy Systems – This Ordinance would create codes to regulate the installation of wind turbines.  Brinkman moved not to approve the Ordinance and Ostermiller seconded her motion.  Brinkman said the professionals at their study session indicated that harnessing wind energy in Littleton is not viable – even the small version on rooftops.  Colorado is better known for harnessing solar energy.  Approving the Ordinance may encourage something that is not practical to do.

 

            Taylor said just because it is in our Code doesn’t mean we are encouraging it.  We are saying it is allowable.  There is no reason why we shouldn’t allow small wind energy systems in our city.

 

            Ostermiller was concerned with the height of a tower placed on a rooftop and the possibility of it falling on a neighbor’s property.  There is more work to be done on this  – there are a lot of unanswered questions.

 

            Clark said it was a philosophical issue – we have residents that came to us so we started this process.  There is a car wash on Littleton Blvd. that wants to put one up.  We need to protect the public safety and welfare not whether or not people spend their money wisely.  Motion failed 3/3 with Clark, Taylor and Jose voting yes and Cole, Brinkman and Ostermiller voting no.

 

            Clark moved to approve the Ordinance.  Jose seconded.  Ostermiller was concerned about poles on a commercial property and not adjacent to the property line would have to be approved by a structural engineer.  He was worried about a pole falling on another’s property.

 

            Brinkman said they have two pages of conflicts and complications.  She has no problem allowing things but we should be assured we have our bases covered.  There may be noise issues and other issues that we haven’t considered.

 

            Clark amended his motion to exclude roof-top mounted systems and only allow pole systems in the larger zoning areas.  His motion failed for lack of a second.

 

            Taylor said when an applicant comes in the safeguards will be in place to protect the public.  A professional engineer will certify that the system is safe.  I don’t think there is going to be a rush – these are not cheap but very expensive and only commercial entities can make it pay for itself.  Motion failed on a 3/3 vote with Cole, Ostermiller and Brinkman dissenting.

 

e)         Ordinance Amending the 2009 Budget to transfer funds from the Water Utility Fund to the Special Projects Fund – The Water Fund is finally no more!  Brinkman moved to transfer $368,000 from the Water Fund to the General Fund and $10,957,000 from the Water Fund to the Special Projects Fund.   Cole seconded.  There will be a separate accounting of the Water Fund/Special Projects money.  Council has already determined that $6,000,000 will be used to pay for the police addition.  Motion passed 6/0.

 

f)          Ordinance Establishing 2010 Sanitary Sewer Utility Charges and Resolution of City of Littleton, Colorado Sewer Utility Enterprise regarding Sanitary Sewer Charges Ordinance Adopting 2010 Sanitary Sewer Utility Charges – Motion was made to increase our sewer rates $18.86 per year with similar increases for commercial and multifamily dwellings.  Motion passed 6/0.  Clark commented that Littleton is still over collecting for the collection system and in the spirit of cooperation he will approve the change.  However, the cooperation has been on-sided.  Sen. Kerr is still trying to pass legislation about how and who sets the rates for Littleton.

 

            Ostermiller said Sen. Kerr’s legislation is not in the best interest of everyone.  We found people that can work numbers without errors.  (This is the first time I have heard Ostermiller admit that there was a math error in calculating our sewer rates several years ago.)

           

            There will be a discussion about billing more than once per year with the                                 rates getting as high as they are.

 

 

9.         General Business

 

a)         Motion to authorize design development expenditures for police addition – Cole                                   moved to allocate $132,000 for the development phase which is the                             second of five phases for the police building.  Taylor seconded.

 

            Brinkman questioned that the date for the construction drawings was                           February 2010.  She would like to see things happen a little faster.                                               Motion passed 6/0.

 

b)         Motion to authorize expenditures for Fire Department Inspection Division –                               Motion was made to approve office space for the Fire Inspection                                     Division for $58,800 annually with an option for two more years.                                      $25,000 has been budgeted for furniture and equipment.  Motion                                  passed 6/0.

 

10.       Consideration of Committee, Commission and Board Matters

 

11.       Ordinances on First Reading

 

12.       Resolutions

 

13.       Comments / Reports

 

a)         City Manager

 

b)         City Attorney

 

c)         Council Members

 

d)         Council President

 

e)         DRCOG

 

14.       Adjournment

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