HomeMy WebLinkAbout05/14/2001
May 14, 2001
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W 29th Avenue, Municipal Building
The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m
Councilmembers present: Jerry DiTullio, Vance Edwards, Odarka Figlus, Harry Hanley, Ralph
Mancinelli, Janelle Shaver (arrived at 7 04 pm), and Claudia Worth Also present: City
Clerk, Wanda Sang, Acting City Manager, Jack Hurst; City Attorney, Gerald Dahl, Director of
Planning Alan White, staff; and interested citizens
APPROVAL OF MINUTES OF April 23, 2001
Motion by Mr DiTullio for the approval of the Minutes of April 23, 2001, seconded by Mrs
Worth, carried 6-0
PROCLAMATIONS AND CEREMONIES
Mayor Cerveny read Proclamation for Mental Health Month, May, and acknowledged Karen
Weisz from the Summit Center, 3810 Pierce Street and Mark Stone from the Jefferson Center
for Mental Health
CITIZENS' RIGHT TO SPEAK
Eldon Holland, 9201 West 44th Avenue, President of Alternative Homes for Youth, was
recently cited for having dumpster that was visible, after they read the Ordinance, they
immediately moved it in the back; they were told by the Code Officer that that was not
acceptable, they asked for an interpretation and were told they could only go to court. They will
file a request for interpretation from the Board of Adjustment. He is concerned that employees
are not seeing to it that citizens understand when they have a right to participate and how they
can participate in terms of forming that. He went to court and pleaded not guilty, but they want
him to pay $325 00 worth of fines
Motion by Ms Figlus to suspend Council Rules and allow Mr Holland to speak more than
three Minutes seconded by Mrs Worth, carried 6-1 with Mr DiTullio voting no
CITY COUNCIL MINUTES May 14, 2001
Page - 2 -
He was told by the Prosecuting Attorney that he could be fined for every day and she had
cases where people had to pay $18,000, and he felt intimidated He got a letter saying they
were dropping the charges and were refiling so they could add an offense for every day He
asked that Council set policies that citizens with minor offenses aren't treated in that manner
Every one of his neighbors has a visible dumpster and they are not being cited He was told
they are being cited when there is a complaint. He believes in uniform enforcement.
City Attorney Dahl stated that he had spoken to all the parties involved and there are two sides
to every story Mr Holland has the right to file with the Board of Adjustment. Mr Holland has
received a lot of time and attention from the City
ORDINANCES ON FIRST READING
Item 1.
Council Bill 09-2001 - approving the transfer of real property to Connie J
Burkepile
Council Bill 09 was introduced on first reading by Mr Edwards, who also read the title and
summary
Motion by Mr Edwards that Council Bill 09 be approved on first reading, ordered published,
public hearing be set for Monday, June 11, 2001 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 7-0
Mrs Shaver asked that maps be provided for the second reading
Item 2. Council 10-2001 - approving the transfer of real property to Karen A. and
David B Berry
Council Bill 10 was introduced on first reading by Mr DiTullio, who also read the title
Motion by Mr DiTullio that Council Bill 10 be approved on first reading, ordered published,
public hearing be set for Monday, June 11, 2001 at 700 P m in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication, seconded by Mr Edwards, carried 7-0
Item 3.
Council Bill 11-2001 - approving the transfer of real property to Janice Jensen
Council Bill 11 was introduced on first reading by Mr Edwards who also read the title and
summary
CITY COUNCIL MINUTES May 14,2001
Page - 3 -
Motion by Mr Edwards that Council Bill 11 be approved on first reading, ordered published,
public hearing be set for Monday, June 11, 2001 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 7-0
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 4.
Interview/Selection of Council candidates for District II to fill Ken Siler unexpired
term until November 6, 2001
Mr Mancinelli explained that due to Mr Siler's resignation this Council Seat needs to be filled
in accordance with Charter Section 4 5 (a) and (b)
City Clerk, Wanda Sang, drew the two candidates names out of a cup The first name drawn
was Anthony FIasco, who resides at 4440 Reed Street. Mr Fiasco applied for this position
because he feels that because of his background and experience he would be an asset and a
help to both the Council and the City
The next candidate was Enos Gokey He is a member of the Planning Commission and has
gained a lot of knowledge of the inner workings of the City He cited his work on the re-writes
of the Comprehensive Plan and Zoning Code and his interest in the streetscape project.
Jerry DiTullio asked Mr Dahl to confirm the process for filling a vacancy on the City Council
Mr Dahl stated that, as Mr Mancinelli had explained, this process was addressed in Section
4 5 of the Charter
Mr DiTullio asked if the City had followed proper procedure in advertising this vacancy Mr
Dahl answered that the advertising was not addressed in the Charter, but that the City had
developed an application form and advertised the position in the paper, on television, and on
the web
Mr DiTullio then asked if there was a problem with filling the vacancy tonight. Mr Dahl
answered, no, Council has a right to do that.
Mr DiTullio stated that both candidates had been given an Agenda packet and asked if the
chosen candidate could be sworn in and assume duties on the Council tonight. Mr Dahl said
yes
Mr DiTullio asked who may swear in the new Councilmember Mr Dahl cited that under
Statute it could be the Municipal Court Judge or the Municipal Clerk.
CITY COUNCIL MINUTES May 14,2001
Page - 4 .
Mrs Worth asked Mr Fiasco who he would consider his boss if he was appointed to this
position Mr Fiasco stated it would be the citizens of the City of Wheat Ridge
Mrs Worth asked the same question of Mr Gokey, who also replied that it would be the
citizens of this community
Ms Figlus stated that we are fortunate to have two such wonderful citizens who are willing to
step up and fill the position
Mr Edwards asked both candidates to give him a brief overview of some of the priorities that
they would be supportive of or pushing for during the remaining time of this term and if they
were against any of the projects
Mr Fiasco replied that it seems there are great number of projects on the plate and he would
support the Council's commitments to the projects and he is not against any of the projects
Mr Gokey is very interested in the streetscape project, the improvement of properties and the
upkeep of our parks
Mr Mancinelli is also very appreciative of two such good candidates to come forward but he
has the arduous duty to name one candidate
Motion by Mr Mancinelli to approve the appointment of Enos Gokey to serve as the District II
Council Representative until the election of November 2001, seconded by Mr DiTullio
Mrs Worth has worked with Mr Fiasco for many years and has since called on him for advice,
this is a short term appointment and then the person can run for Council and the people will
decide, she will vote against Mr Gokey at this time but encourages him to run She wants an
experienced Councilmember on at this time, who is familiar with the many hours that Council
puts in She thinks Mr Fiasco would be the wisest choice for this short term
Motion carried 6-1 with Mrs Worth voting no
City Clerk, Wanda Sang, swore in Enos Gokey as Councilmember for District II Mr Gokey
submitted a letter of resignation from the Planning Commission to the City Clerk.
CITY COUNCIL MINUTES May 14, 2001
Page - 5 -
Item 5.
Motion to approve the transfer of $500,000 from the General Fund into the
appropriate fund or cost center as determined by the City Treasurer to provide
for a Housing Authority operating budget.
Item 5 was introduced by Mr Mancinelli, who also read the title, summary and a letter from
Jerry DiTullio, Housing Authority Chair, that was attached to the Agenda packet.
Motion by Mr Mancinelli to approve the transfer of $500,000 from the General Fund
Unallocated Reserve Fund into the appropriate fund or cost center as determined by the City
Treasurer to provide for a Wheat Ridge Housing Authority operating budget; seconded by Mr
Hanley
Cheryl Brungardt, representing the Housing Authority for District I, stated that Wheat Ridge
can be a real leader in the Metro area with this program, whatever money they get from
Council will be matched by the State dollar for dollar This will give people a real chance to
make a difference in their lives, that would not normally qualify for a loan
Mary Cavarra stressed that they will be looking at properties especially that are not very well
maintained, they see this as seed money and it will be used over and over
Motion carried 8-0
Item 6.
Motion to award contract award for 2001 HBP Overlay Program to Asphalt
Paving Project S-PM-02-01
Item 6 was introduced by Mr Edwards, who read the title and summary
Motion by Mr Edwards that the 2001 HBP Overlay Program, Project No S-PM-02-01, be
awarded to Asphalt Paving Company in the amount of their bid of $386,211.25 I further move
that a force account and contingency of $38,621 00 be established I further move that the
Director of Public Works be authorized to issue change orders up to a total contract and
contingency amount of $424,832.25 I further move that all costs associated with this contract
be paid from Acct. No 30-303-800-884, and that these funds be encumbered for the length of
the project in accordance with Ordinance #787, 1989 Series, seconded by Mr DiTullio
Motion by Mrs Worth for an amendment that included within the scope of work for the 2001
HBP Overlay Program, a 24-foot wide asphalt overlay be placed on West 42nd Avenue from
Youngfield Street to Xenon Street, as petitioned by area residents, seconded by Mrs Shaver
CITY COUNCIL MINUTES May 14, 2001
Page - 6 -
Ms Figlus is concerned about the one resident that was not in favor of paving this street and
walked away with the assurance that just because a street width is determined it doesn't
mean it will be paved She will vote no, but if there is a future hearing and the resident
changes his mind, she will support the paving
Motion by Ms Figlus to refer this amendment to the Public Works Advisory Committee,
seconded by Mr Hanley; carried 6-2 with Mrs Worth and Mr Mancinelli voting no
Vote on original motion carried 8-0
Item 7.
Item 8.
Item 9.
Motion by Mr DiTullio to cancel Study Session meeting of May 21 and
reschedule the regular Council Meeting of May 28 to May 21 2001, seconded by
Mr Hanley; carried 7-1 with Mrs Worth voting no
Motion by Ms Figlus to approve the request that the City of Wheat Ridge join the
West Chamber of Commerce in the amount of $823 00, seconded by Mr
Hanley; carried 8-0
Election of Mayor pro tem
Motion by Mr DiTullio that Vance Edwards be selected Mayor pro tem, seconded by Mr
Mancinelli, carried 8-0
Item 10.
Motion to award bid for Richards-Hart Estate railings and venting repairs to
Golden Builders Development Company in the total amount of $10,560 (RFB-
01-026)
Item 10 was introduced by Mrs Shaver' Clerk read the subject, summary and background
Motion by Mrs Shaver to award bid RFB-01-026, Richards-Hart Estate Railings and Venting
Repairs, to Golden Builders Development Company, Inc., Littleton, Colorado, in the total
amount of $9,60000 and approve contingency funds in the amount of $96000 Total
combined amount is $10,560 00, seconded by Mr Edwards, carried 8-0
Item 11.
CONSENT AGENDA
A. Approval of Expenditure Items
B Motion to approve the transfer of $10,000 from the General Fund Unallocated
Reserve Fund into Acct. No 01-106-700-799 to cover moving expenses incurred
by the City Manager
CITY COUNCIL MINUTES May 14, 2001
Page - 7 -
C Motion to approve the transfer of $20 000 from the General Fund into Acct.
No 01-106-700-704 for cable service operating expenses
D Motion to adopt the Forestry Rules and Regulations as presented and
adopted by the Arborist Board, and presented in the study session meeting
materials of April 16, 2001
E Motion to accept the 2000 Juvenile Accountability Incentive Block Grant and
to authorize the Mayor to sign all appropriate documents
F Motion to award the bid for Patrol Rifles, gun Racks and Safe to Dave's Guns
in the total amount of $9,36791 (RFB-01-016)
G Resolution 14-2001 - endorsing the CML Executive Board Candidacy of
Mayor Gretchen Cerveny
H Resolution 15-2001 - approving a priority list of Open Space and park land
properties for acquisition
Consent Agenda was introduced and read by Mrs Worth Ms. Figlus asked to pull H
Motion by Mrs. Worth for approval of the Consent Agenda with the exception of H , seconded
by Mr DiTullio, carried 8-0
Motion by Ms Figlus for approval of H with the correction to delete the wording "development
rights, area south of ditch" from the Wide Horizon Property; seconded by Mr Hanley; carried
8-0
COUNCIL COMMITTEE REPORTS
Jerry DiTullio - City Affairs Committee - Motion by Mr DiTullio that Mr Gokey be a member of
the City Affairs Committee from District II, seconded by Ms Figlus, carried 8-0
Vance Edwards - Public Works Advisory Committee - they are currently going through the
most recent revisions of the Streetscape Architectural Design Manual, surveying for the
streetscape test pilot project is under way; that should be completed in about 2 weeks
CITY MANAGER'S MATTERS
Jack Hurst asked that the Economic Development discussions be delayed until Mr Staples is
on board
CITY COUNCIL MINUTES May 14, 2001
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CITY ATTORNEY'S MATTERS
Motion by Mrs Shaver to hold an Executive Session under Section 5 7(b)(1) Legal Matters, to
allow Mr Dahl to update Council on Falcon Books litigation case, and to hold this after elected
officials' matters and to adjourn from the executive session, seconded by Mr DiTullio, carried
8-0
ELECTED OFFICIALS MATTERS
Councilmembers welcomed Mr Gokey as the new Councilmember and thanked Mr Fiasco for
applying
Dean Gokey stated that Mr Siler had done an excellent job as Councilmember of District II
and would be a tough act to follow, but he would try his very best to do a good job
Councilmembers made positive comments about the Summit Center
EXECUTIVE SESSION WAS HELD.
Meeting adjourned at 9 40 P m
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Wanda Sang, City G1'erk
APPROVED BY CITY COUNCIL ON JUNE 11, 2001 BY A VOTE OF l.- TO ~
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Jerry Dffullio Council President
The preceding Minutes were prepared according to 947 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 Tape
recordings and video recordings of the meetings are available for listening or viewing in the
City Clerk's Office, as well as copies of Ordinances and Resolutions