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Home My WebLink About11/22/2004 @~w @@M~@~[b ~~~Mu~~ CITY OF WHEAT RIDGE, COLORADO November 22, 2004 Mayor Cerveny called the Regular City Council Meeting to order at 7 00 P m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Councilor Dean Gokey was absent. Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, Deputy City Manager Patrick Goff; City Attorney Gerald Dahl Director of Community Development, Alan White Director of Public Works, Tim Paranto, staff and interested citizens APPROVAL OF MINUTES OF November 8, 2004 Motion by Mr DiTullio for the approval of the Minutes of November 8 2004, seconded by Mrs Sang, carried 7-0 ORDINANCES ON FIRST READING Item 1. COUNCIL BILL 23-2004 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-TWO TO PLANNED HOSPITAL DISTRICT FOR PROPERTIES LOCATED AT 8301 AND 8321 WEST 32ND AVENUE, AND THE AREA LABELED AS "TRACT A" ON THE EXEMPLA LUTHERAN HOSPICE OUTLINE DEVELOPMENT PLAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON STATE OF COLORADO (CASE NO WZ-04-07/EXEMPLA) Council Bill 23-2004 was introduced on first reading by Mr Stites Motion by Mr Stites to approve Council Bill 23-2004 on first reading, ordered published public hearing set for Monday December 13, 2004 at 7 00 P m in the City Council Chambers and that it take effect 15 days after final publication, seconded by Mrs Rotola, carried 7-0 Item 2. COUNCIL BILL 24-2004 - AN ORDINANCE AMENDING CHAPTER 22 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE SALES AND USE TAX. Council Bill 24-2004 was introduced on first reading by Mrs Adams CITY COUNCIL MINUTE'S" November 22 2004 Page -2- Motion by Mrs Adams to approve Council Bill 24-2004 on first reading, ordered published, public hearing set for Monday, December 13, 2004 at 700 P m in the City Council Chambers and that it take effect January 1 2005 as permitted by Section 5 11 of the Charter; Mrs Adams further moved to amend Council Bill 24-2004 Sec 22-56 (a) (1) to read "(1) On sales amounting to less than nineteen cents ($0 19), no tax," seconded by Mrs Sang, carried 7-0 Item 3. COUNCIL BILL 25-2004 - AN ORDINANCE ESTABLISHING A STORMWATER MANAGEMENT UTILITY SETTING SERVICE CHARGES RELATED THERETO, AND PROVIDING FOR THE MANAGEMENT THEREOF INCLUDING USE OF REVENUES, ADMINISTRATION OF PROGRAMS, APPEALS, AND ENFORCEMENT Council Bill 25-2004 was introduced on first reading by Mrs Sang Motion by Mrs Sang to approve Council Bill 25-2004 on first reading ordered published public hearing set for Monday, March 28, 2005 at 7 00 P m in the City Council Chambers and that it take effect 15 days after final publication, seconded by Mr DiTullio Mrs Sang is changing the public hearing date to be open and communicative with the public She stated that the June Town Meeting could be moved to the March First Monday meeting Motion by Mrs Sang to amend the original motion to direct staff to look at alternative funding sources from the capital or general fund, seconded by Mr DiTullio, carried 4-3 with Councilmembers Adams, Berry, and Rotola voting no Original motion as amended carried 4-3 with Councilmembers Adams, Berry, and Rotola voting no DECISIONS, RESOLUTIONS. AND MOTIONS Item 4. RESOLUTION 29-2004 - AUTHORIZING JEFFERSON COUNTY OPEN SPACE TO COMPLETE AN APPRAISAL, ENVIRONMENTAL ASSESSMENT, SURVEY, AND NEGOTIATE THE FAIR MARKET VALUE OF THE 6 64 ACRES OF PROPERTY LOCATED AT 4101 MILLER STREET (NORTHWEST SANITATION OPERATION PLANT) Resolution 29-2004 was introduced by Mrs Adams Motion by Mrs Adams to approve Resolution 29-2004 seconded by Mr Stites carried 7-0 CITY COUNCIL MINUTES November 22 2004 Page -3- Item 5. RESOLUTION 28-2004 - REPEALING AND REENACTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS SPECIFIED BELOW FOR THE CITY OF WHEAT RIDGE, COLORADO, FOR THE 2005 BUDGET YEAR Resolution 28-2004 was introduced by Mrs Rotola Motion by Mrs Rotola to approve Resolution 28-2004, seconded by Mrs Sang Mr DiTullio made the following disclosure statement: "Madame Mayor and members of the Council I have been advised by the City Attorney that I should disclose that I have a family member who is an employee of the City I make this disclosure as required by Charter Section 3 14 I would ask the City Attorney to comment on the need for this disclosure" Mr Dahl stated that Charter Section 3 14 only requires disclosure of the facts, which may be a conflict. In this case, the action before the Council is the entire City budget document. In this context, the vote on the matter will not be on any specific salary This circumstance has come up in previous years with family members who are city employees He concludes that, while the disclosure is required now that it has been made, Councilor DiTullio is entitled to vote on the budget. (Attorney's note. Charter Section 3 14 requires Council Members to disclose 'material or significant" financial interests they have with the City Once the disclosure is made, it is up to the Council to take any action it deems necessary which could range from no action at all up to a motion requiring the member to abstain from voting on the matter all depending upon the individual facts of the case.) Motion carried 7-0 Item 6. RESOLUTION 30-2004 - AMENDING THE FISCAL YEAR 2004 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION OF $71 550 FOR MUNICIPAL COURT AND MISCELLANEOUS SERVICES PROVIDED BY THE CITY ATTORNEY Resolution 30-2004 was introduced by Mr Stites Motion by Mr Stites to approve Resolution 30-2004, a budget supplemental appropriation from the General Fund unreserved fund balance in the amount of $11 550 to Acct. No 01-107-700-704 and $60,000 to Acct. No 01-107-700-799 to cover Municipal Court and Miscellaneous Services and Charges provided by the City Attorney' seconded by Mrs Rotola carried 7-0 CITY COUNCIL MINUTE'S' November 22, 2004 Page -4- Item 7. RESOLUTION 31-2004 - ADOPTING THE COLORADO MUNICIPAL RECORDS RETENTION SCHEDULE AND SUBSEQUENT UPDATES Resolution 31-2004 was introduced by Mrs Sang Motion by Mrs Sang to adopt Resolution 31-2004 effective immediately upon adoption seconded by Mr DiTullio, carried 7-0 Item 8. CITY COUNCIL APPOINTMENTS TO VARIOUS METROPOLITAN BOARDS AND AGENCIES Mrs Rotola moved to appoint Gretchen Cerveny to serve as the City's representative to DRCOG, seconded by Mr DiTullio, carried 7-0 (Current- Gretchen Cerveny; Alternate- Larry Schulz) Mr Schulz moved to appoint Lena Rotola to serve as the City's representative to Jefferson County Housing Authority; seconded by Mrs Sang, carried 7-0 (Current- Lena Rotola) Mr Schulz moved to appoint Lena Rotola to serve as the City's representative to the Jefferson County Community Development Block Grant Committee seconded by Mrs Sang, carried 7-0 (Current- Lena Rotola) Mrs Adams moved to appoint Janelle Shaver to serve as the City's representative to the Jefferson County Board of Corrections seconded by Mr Stites, carried 7-0 (Current- Janelle Shaver) Mrs Sang moved to appoint Jerry DiTullio to serve as the City's representative to the Police Seizure Fund, seconded by Mr Stites, carried 7-0 (Current- Jerry DiTullio) Mrs Rotola moved to appoint Gretchen Cerveny to serve as the City's representative to the Jefferson Economic Council and Karen Adams as alternate, seconded by Mr Schulz; carried 7-0 (Current- Gretchen Cerveny) Item 9. BOARD AND COMMISSION APPOINTMENTS Mayor Cerveny introduced the item and City Clerk Pam Anderson read the executive summary Motion by Mr Stites to appoint Ross Westover to the Wheat Ridge Foundation term to expire March 2 2007, seconded by Mrs Rotola, carried 7-0 CITY COUNCIL MINUT~ November 22 2004 Page -5- Motion by Mr Schulz to appoint James Molnar to the Building Code Advisory Board, term to expire March 2, 2008, seconded by Mr DiTullio, carried 7-0 ELECTED OFFICIALS' MATTERS Mayor Cerveny stated the budget Council approved tonight is based on having to cut 1 Million Dollars from the 2004 budget. This includes laying off even more people, which we would have had to do if the sales tax had not passed Since citizens approved the increase in sales tax, in the next month or so, staff will be recommending a new 2005 budget, which will keep the employee positions which would have ended with the 2005 austere budget. Plans for adding personnel to the Police Department, recommendations to maintain the Parks and Recreation Department, make recommendations to increase staff time for business retention and economic development. Maybe there will be money to add to the CIP budget. City Clerk Pam Anderson thanked Election Commissioners Nick Scotella and Karin Gallup for volunteering to work the ballot box on Election Day and to direct electors to their appropriate precincts Councilor Schulz appreciates the voters' confidence and is committed to make changes responsibly and with reasonable restraint. Councilor Stites asked that constituents give input on the storm water drainage issue Councilor Sang invited everybody to the potluck for Districts I and II which will be held on Thursday, December 9 at the Richards Hart Estate from 6 30 to 9 30 P m Councilor DiTullio is looking forward to the potluck and to citizens input on the drainage Councilor Berry stated that the economic foundation of this City is broken and the City, because of its limited resources, has only been able to patch the resulting cracks in the walls of our community, but not fix the underlying problems The community through the sales tax increase, has given the City the means to fix our economic foundation However, the sales tax increase is not a blank check and it alone will not solve our long term economic problems If used wisely, it will allow Wheat Ridge to create the economic foundation we need to become a sustainable community Adding programs such as weed management and large item pickup at the cost of about $200 000 to the budget at this time is like patching wall cracks It takes resources for fixing our true problems and those cracks will continue to appear until our foundation is fixed The citizens have given the City their trust and the tools we need to build a stronger community Council must pay back that trust and solve the public safety and long term economic problems in the foundation of our community before we spend any money fixing up our landscaping and other items CITY COUNCIL MINUTE~ November 22, 2004 Page -6- Meeting adjourned at 7 45 P m APPROVED BY CITY COUNCIL ON DECEMBER 13, 2004 BY A VOTE OF ~ to ~ ( {i, _ I Lena Rotola, Council 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