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HomeMy WebLinkAbout06/08/1998 June 8. 1998 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The Regular City Council was called to order by Mayor Cerveny at 7 00 p.m Councilmembers present: Teri Dalbec, Jerry DiTullio, Lloyd Donnelly, Don Eafanti, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth Also present: City Clerk, Wanda Sang; City Treasurer, Ron Patera, City Manager, Robert Middaugh, City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Planning, Alan White, Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES OF May 18, 1998 Motion by Mr Eafanti for approval of the Minutes of May 18, 1998 seconded by Mrs Shaver" carried 8-0 Mrs Worth asked that her motion on page 2 be clarified CITIZENS' RIGHT TO SPEAK Thomas Ripp, 4315 Wadsworth Blvd, attorney, was asked by Mrs Helen Hurlburt, 6555 West 34th Avenue, to address Council. Mrs Hurlburt is 85 years old and has lived at these condominiums for 21 years she was insulted by Wheat Ridge Police Officer Taggert during an incident at the breaker box of her condo and suggested some of the Police Officers receive some type of sensitivity training, so they don't go around making insulting statements like "why don't you move" or "your position is silly" to 85-year old residents of the City He also read a statement that Mrs Hurlburt had prepared addressing the incident. Helen Hurlburt, stated that she didn't appreciate being insulted Doris Ibbison is very sorry that this matter has come to a public meeting, she read a letter from the homeowners association to attorney Boatright. She felt the behavior of the Police Officer was exemplary CITY COUNCIL MINUTES June 8, 1998 Page -2- Motion by Mr DiTullio to add an Agenda Item 4 A., which is an ordinance authorizing certificates of participation in the maximum amount of $14,900,000 authorizing the execution of a lease, a lease/purchase, and sub-lease agreement, an official offering statement approving the form of a mortgage and indenture of trust, and ratifying previous City Council actions, he asked that the Clerk assign a Council Bill number, Council Bill 24, seconded by Mr Siler; carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 17 - An ordinance amending the Wheat Ridge Code of Laws to provide for increased penalty limits for violations of City of Wheat Ridge Ordinances or any order, rule or regulation promulgated pursuant to any City of Wheat Ridge Ordinance and amending penalty provisions of the Wheat Ridge Code of Laws to provide penalties that conform therewith Council Bill 17 was introduced on second reading by Mr DiTullio who also read the title and summary City Clerk assigned Ordinance number 1120 City Attorney Dahl and Municipal Judge Davis addressed the reasons for the Ordinance Motion by Mr DiTullio for approval of Council Bill 17 (Ordinance 1120), seconded by Mr Donnelly; carried 8-0 Item 2. Council Bill 18 - An ordinance repealing and reenacting Chapter 24 of the Wheat Ridge Code of Laws concerning trees and shrubs Mayor Cerveny opened the public hearing on this postponed Council Bill summary was read by the Clerk. Jim Patsey, Public Service Company of Colorado, was sworn in by the Mayor; he read a letter into the record, which is mainly supportive of the Ordinance, but had a deep concern with the wording in two of the sections, namely 24-4 and 24-11, about the authority of the Arborist Board Some of the wording in Index section 9 is contrary to State and Federal laws that electric utility companies must abide by Jim Downie Public Service Company of Colorado was sworn in by the Mayor; explained their good relationship with the City Forester and the way they used to go about removing undesirable trees. CITY COUNCIL MINUTES June 8, 1998 Page -3- Louise Turner, 11256 West 38th Avenue, was sworn in by the Mayor; urged Council to keep the character of Wheat Ridge and to keep the authority in the hands of the Mayor, who is an elected official, protect older trees when a development comes in, we are a Tree City USA, trees are important and people like them Elaine Slattery, 6869 West 32nd Avenue, was sworn in by the Mayor; is very troubled that Council may pass Article I when it falls so short of its goals, its wordy, it rambles, it duplicates and is hard to understand and is incomplete She asked that this be postponed until it is updated into a thorough tree and vegetation program that will pull this City together into a common goal and direction in an orderly way Motion by Mr DiTullio to suspend the Rules and allow the City Clerk to read a letter into the record The person who was going to read the letter at the last meeting couldn't be here today; seconded by Mr Siler; carried 8-0 City Clerk, Wanda Sang, read a letter from Wheat Ridge United Neighborhoods into the record, which asks that the ordinance be postponed indefinitely and rewritten Mrs Dalbec's motion to approve Council Bill 18 and amend it died for lack of second Motion by Mr Siler to postpone Council Bill 18 indefinitely; seconded by Mr DiTullio, carried 8-0 ORDINANCES ON FIRST READING Item 3. Council Bill 22 - An ordinance amending the Wheat Ridge Code of Laws concerning trees and shrubs. Council Bill 22 was introduced on first reading by Mr DiTullio, who also read the title Motion by Mr DiTullio that Council Bill 22 be approved on first reading, ordered published, public hearing be set for Monday, June 22, 1998, at 7 00 P m in City Council Chambers Municipal Building, and if approved on second reading, take effect 15 days after final publication I further move that the proposed Tree Rules and Regulations be also presented on the 6/22 Agenda, seconded by Mr Eafanti CITY COUNCIL MINUTES June 8, 1998 Page -4- Motion by Mrs Worth that this ordinance exclude the Greenbelt from Youngfield to Harlan and the environmental analysis accepted by the Council approximately June 5, 1995 be used for the guidance of trimming the trees in the Greenbelt; seconded by Mrs Dalbec, carried 6-2 with Mr Eafanti and Mr Mancinelli voting no Vote on original motion as amended carried 7-1 with Mrs Dalbec voting no Item 4. Council Bill 23 - An ordinance vacating a portion of West 50th Avenue within the City of Wheat Ridge, County of Jefferson State of Colorado (Case No WV-98-02) Council Bill 23 was introduced on first reading by Mrs Dalbec title and summary read by the Clerk. Motion by Mrs Dalbec that Council Bill 23 be approved on first reading, ordered published, public hearing be set for Monday, July 13, 1998 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr DiTullio, carried 8-0 Item 4. A. Council Bill 24 - An Ordinance authorizing the issuance of certificates of participation, Series 1998, of the City of Wheat Ridge, Colorado, in the maximum aggregate principal amount of $14,900,000, authorizing the execution and delivery by the City of a ground lease agreement, a lease purchase and sublease agreement and an official statement; approving the form of a mortgage and indenture of trust; ratifying action previously taken concerning the certificates, and providing other matters relating thereto Council Bill 24 was introduced on first reading by Mr DiTullio, who also read the title Motion by Mr DiTullio that Council Bill 24 be approved on first reading, ordered published, public hearing be set for Monday, June 22,1998 at 700 P m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect upon passage, seconded by Mr Siler; carried 8-0 CITY COUNCIL MINUTES June 8, 1998 Page -5- DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Various Board and Commission appointments Motion by Mr DiTullio that Kimberly Fear be appointed to fill the vacancy for the Animal Control Commission in District I for a term expiring March 3 2001, seconded by Mr Eafanti carried 8-0 Motion by Mr Siler that Dr William Trefz be appointed to the District II vacancy on the Animal Control Commission for a term expiring March 3, 2001, seconded by Mr Mancinelli, carried 8-0 Motion by Mrs. Dalbec that Monica Gregerson be reappointed to fill the Animal Control vacancy in District IV for a term expiring March 3, 2001, seconded by Mrs Worth, carried 8-0 Motion by Mrs Dalbec that Dr John Maulsby serve as one of the ad hoc veterinarians on the Animal Control Commission; seconded by Mrs Worth, carried 8-0 Motion by Mrs Shaver that staff schedule interviews with Gale Schmidt and Donald Mac Dougal on June 15, 1998 at 7 00 P m and that the appointment be at the next regular meeting, seconded by Mr DiTullio, carried 8-0 Item 6. Funding for Batting Cage Area in Prospect Park. Item 6 was introduced by Mrs Shaver; summary read by the Clerk. Motion by Mrs Shaver to transfer $15,000 from the Open Space Fund Balance to Accl. 32- 601-862 for the construction of the proposed improvements for the Prospect Park Batting Cage Improvements, seconded by Mr Eafanti, carried 8-0 Item 7. Environmental remediation for site closure at the public works shops (RFP #98-25) Item 7 was introduced by Mrs Worth, who also read the title Motion by Mrs Worth that the Environmental Remediation Site Closure Project (RFB #98-25) be awarded to the most qualified firm, Rust Environmental & Infrastructure Inc., in the amount of their proposal of $13,860 CITY COUNCIL MINUTES June 8, 1998 Page -6- I further move that the remaining budgeted funds are encumbered not to exceed $45 000 This not to exceed amount is based on the reasonable cost guidelines issued by the OIS and will be used if contaminated soil needs to be removed and other remediation activities as necessary I further move that the Purchasing Agent be authorized to issue change orders up to a total contract and encumbered funds amount of $45,000 with costs charged to Acct. No 30-305-800-812 I further move that the funds be encumbered for the length of the Project in accordance with Ordinance #787, 1989 Series, seconded by Mr Eafanti; carried 8-0 Item 8. Approval of expenditure items Motion by Mrs Dalbec that the attached purchases be approved in the amounts indicated and that all costs be charged to the account shown on the purchase order report; seconded by Mr DiTullio, carried 8-0 CITY ATTORNEY'S MATTERS Mr Dahl will not be present at the June 15 meeting, Maureen Juran will be here in his place ELECTED OFFICIALS MATTERS Motion by Mr DiTullio for at least the June and July meetings we would try to have our items scheduled for 45 minutes or less per item and have at least four items per night and our Agenda will actually say, Item 1 from 7 to 7 45 to remind everybody; seconded by Mr Mancinelli, carried 8-0 Motion by Mrs Dalbec to delete Council Goals as one of their study session topics and move some of the other items on to there, seconded by Mr DiTullio, tied 4-4 with Councilmembers Shaver, DiTullio, Worth, and Dalbec voting yes Mayor Cerveny broke the tie by voting no Motion failed 5-4 Motion by Mr DiTullio that we do not hold a June 11 special meeting, seconded by Mrs Shaver. carried 6-2 with Mr Siler and Mr Eafanti voting no CITY COUNCIL MINUTES June 8, 1998 Page -7- Motion by Mrs Dalbec to adjourn, seconded by Mr Eafanti, carried 6-2 with Mrs Shaver and Mrs Worth voting no Meeting adjourned at 9"53 p m J J it Vl.ll",Jt'-Z1 ~ Wanda Sang, Cit)LC:lerk APPROVED BY CITY COUNCIL ON JUNE 22,1998 BY A VOTE OF l TO ~ \