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
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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
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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 ~
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