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Home My WebLink About09/24/2001 September 24. 2001 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building Mayor Cerveny called for a moment of silence before the Pledge of Allegiance to honor our Country, the many people who were killed and their families who are left behind, and honor the many, many heroes we have seen in the plane and also the rescue workers 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 Dean Gokey, and Claudia Worth Also present: Deputy City Clerk, Christa Jones, Acting City Manager Bob Goebel City Attorney Gerald Dahl, staff; and interested citizens APPROVAL OF MINUTES OF September 10, 2001 Motion by Mr DiTullio for the approval of the Minutes of September 10 2001 seconded by Mr Gokey; carried 8-0 CITIZENS' RIGHT TO SPEAK Louise Turner, 11256 West 38th Avenue asked questions about the streetscape project; she read the legal notice from the newspaper' stated there should have been a public hearing, there should have been another notice, instead of the just the legal notice She wondered how many nice large trees would be taken out. Motion by Mrs Worth to suspend the Rules and allow Mrs Turner to speak for an additional 6 minutes, seconded by Mr Edwards, carried 7-1 with Mr DiTullio voting no She went to a meeting at the Grange and there was not a lot of support of running the streetscape down the full length of Wadsworth APPROVAL OF AGENDA Motion by Mr Edwards to amend the Agenda to reconvene the public meeting following the listed Executive Session for the purpose of giving direction and authority to staff concerning the potential acquisition of property at 5300 West 38th Avenue seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES September 24, 2001 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 15-2001 - An Ordinance amending Chapter 11 of the Code of Laws of the City of Wheat Ridge, Colorado, to establish hours of operation for Nightclubs and other places of entertainment that do not serve alcohol beverages Council Bill 15-2001 was introduced on second reading by Mr Gokey, who also read the title, summary, and background Clerk assigned Ordinance No 1227 Motion by Mr Gokey to adopt Council Bill 15-2001 (Ordinance 1227) on second reading seconded by Mr Mancinelli Mrs Worth offered a friendly amendment to add (3) Bowling Alleys to Section 11-201 (b) Mr Gokey and second accepted this as part of the main motion Motion carried 8-0 Item 2. Council Bill 16-2001 - An Ordinance establishing a retention and destruction policy for Record of Executive Sessions Council Bill 16-2001 was introduced on second reading by Mrs Shaver, who also read the title, summary and background Clerk assigned Ordinance No 1228 Motion by Mrs Shaver to adopt Council Bill 16-2001 (Ordinance No 1228), seconded by Mr Mancinelli, carried 6-2 with Councilmembers Figlus and Worth voting no Mrs Worth stated that the historian in her cannot stand the thought of destroying any records ORDINANCES ON FIRST READING Item 3. Council Bill 17-2001 - repealing and reenacting Chapter 25 of the Wheat Ridge Code of Laws entitled 'Urban Renewal" Council Bill 17-2001 was introduced on first reading by Mr Edwards, who also read the title, summary and background CITY COUNCIL MINUTES September 24, 2001 Page - 3 - Motion by Mr Edwards that Council Bill 17 -2001 be approved on first reading, ordered published, as presented by Mr Dahl tonight, not the version in the packet, public hearing be set for Monday, October 8,2001 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 6-2 with Councilmembers Worth and Figlus voting no Ms Figlus feels condemnation power should be reserved for City Council and be a televised public proceeding DECISIONS. RESOLUTIONS. AND MOTIONS Item 4. Bid Award for Project No S-SW-01-01, Pierce Street School Sidewalks West 44th Avenue to West 48th Avenue Motion by Mr Mancinelli that the Pierce Street School Sidewalks, West 44th Avenue to West 48th Avenue Project No S-SW-01-01 be awarded to Eaton-U-Inc In the amount of their bid of $132,178 38 I further move that a force account and contingency of $13,218 be established I further move that an early completion bonus of $2 644 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 $14539638 I further move that all costs associated with this contract be paid from Acct. No 30-303-800-841 and that these funds be encumbered for the length of the project in accordance with Ordinance #787 1989 Series, seconded by Mr Gokey' carried 8-0 Item 5. Motion by Mrs Shaver to approve funding for two additional crossing guards for Prospect Valley Elementary School, seconded by Ms Figlus, carried 8-0 Item 6. CONSENT AGENDA. A. Resolution 22-2001 - ratifying approval of an Intergovernmental Agreement with the Wheat Ridge Urban Renewal Authority B Resolution 23-2001 - calling and giving notice of an election for the purpose of submitting proposed amendments to the Home Rule Charter to the voters of the City C Bid Award RFB-01-050 Computers for 52 units to Now Micro, Inc in the total amount of $48,828 00 D Motion to approve expenditures over $5,000 CITY COUNCIL MINUTES September 24, 2001 Page - 4 - E. Motion to approve the Stipulation and Settlement Agreement in Case No 99- S-2129, Falcon Books vs City of Wheat Ridge F Motion to appoint Mayor pro tem Edwards as the City's voting delegate to the National League of Cities' Annual Business meeting on December 8 2001 in Atlanta Georgia G Bid Award RFB-01-035 Uniform Rental Services to Cintas Corporation in the total amount of $7,943 annually for the Public Works Shop Consent Agenda was introduced and read by Mrs Worth Ms Figlus asked to pull A. Motion by Mrs Worth for the approval of the Consent Agenda as printed with the exception of A., seconded by Mr DiTullio, carried 8-0 Motion by Mr DiTullio for approval of A., seconded by Mr Edwards carried 6-2 with Councilmembers Worth and Figlus voting no Ms Figlus is objecting to the condemnation proceedings COUNCIL COMMITTEE REPORTS Vance Edwards - Public Works Advisory Committee - met this evening and reviewed the neighborhood traffic management plan for Ward Road from 32nd to 38th Avenue, this will come to City Council for final determination sometime in Spring Also had project update and policy discussions CITY MANAGER'S MATTERS Mr Goebel stated that they had a pre-bid meeting for the 38th Avenue Streetscape Project this morning and had 12 bidders present; this is a good turnout and should be very competitive They will open bids on October 4 and award bid on Council meeting of October 22 and begin construction sometime after the 1st of the Year CITY A TTORNEY'S MATTERS Consensus was 8 in favor that the City Attorney work with other City Attorneys in the front range area to draft a friend of the court brief regarding the material distributed to Council Consensus was for option 3 CITY COUNCIL MINUTES September 24, 2001 Page - 5 - ELECTED OFFICIALS MATTERS Mayor Cerveny reminded the Council about a special session on the growth legislation and that the CML district meeting on October 3 will be an update on the growth legislation Mrs Shaver wanted to know if the city is doing anything extra regarding security or emergency preparedness or awareness following the events of September 11 She asked for a memo from Chief Hurst to reassure the public that the Police Department is keeping up to date on this Ms Figlus gave a report on the Economic Development Task Force They are producing a document Starting and Doing Business in Wheat Ridge" which will be out sometime in the future They are also going to host a business forum for the Wheat Ridge business community in November She reminded the public that October is Breast Cancer Awareness Month and thanked the City for hanging the pink ribbon on the municipal building Ms Figlus asked for a consensus from the Council to send a resolution of support and solidarity to the people of New York City and Washington, DC and she would like to work with the city staff to come up with the wording for the resolution and bring it to the next council meeting Consensus is 8 in favor Mr DiTullio asked Mr Goebel about the traffic complaints on 28th and Gray He asked for consensus to have as one of the topics of the October Study Session, the disposition of 28th Avenue near Gray Street regarding the traffic Consensus is 8 in favor to have this topic on the next Study Session meeting He mentioned that the next Town Meeting will be October 20 for state and local issues at the Community Center from 9 00 to 11 00 a m The Wheat Ridge Housing Authority meeting for September 26 has been postponed to October 3 They will be discussing the re-hab of the Quail project. Mr Edwards thanked Mrs Turner for speaking on the Streetscape Project. He gave an update on the landscaping for the project. Motion by Mr Edwards to convene into Executive Session under Charter Section 5 7b3 and Colorado Revised Statute Section 24-6-402 for the purpose of considering a real estate appraisal and specifically an appraisal for property located at 5300 W 38th Avenue, seconded by Mr DiTullio, carried 8-0 EXECUTIVE SESSION WAS HELD. CITY COUNCIL MINUTES September 24, 2001 Page - 6 - Motion by Mr Edwards to direct the City Attorney and City Manager to negotiate, and the Mayor and City Clerk to execute, a contract for purchase of the Real Property located at 5300 West 38th Avenue, City of Wheat Ridge, for a purchase price not to exceed $275 000, less any amount required for environmental remediation and other seller obligations, seconded by Mr DiTullio carried 8-0 Meeting adjourned at 9 00 p m f \ D' \ Y"' Christa Jones, Deputy City Clerk APPROVED BY CITY COUNCIL ON OCTOBER 9, 2001 BY A VOTE OF ~ TO -2... / !, l~ A~ 1/ t_~\ U! ' I f / \ I , Jerry DiT'e!to Cou~cil President The preceding Minutes were prepared according to S47 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