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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 Page - 8 - 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 I -)ku ~ .ld.~ v~-1~-- Wanda Sang, City G1'erk APPROVED BY CITY COUNCIL ON JUNE 11, 2001 BY A VOTE OF l.- TO ~ / -'--..' ( I / ,~ 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