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HomeMy WebLinkAbout10/10/2005 - -.'" CITY OF WHEAT RIDGE, COLORADO October 10. 2005 Mayor Cerveny called the Regular City Council Meeting to order at 7:06 p.m. Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites. Also present: City Clerk, Pamela Anderson; City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Community Development, Alan White; Director of Public Works, Tim Paranto; staff; and interested citizens. APPROVAL OF MINUTES OF September 26. 2005 Motion by Mr. DiTullio for the approval of the Minutes of September 26, 2005; seconded by Mrs. Sang; carried 8-0. CITIZENS' RIGHT TO SPEAK William Dilger, 2650 Harlan Street, spoke regarding property rights, eminent domain, and supported the candidacy of Jerry DiTullio for Mayor. Nancy Snow, 11155 West 40th Avenue, spoke in opposition to the wording of the Charter Amendment 2A ballot title. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. COUNCIL BILL 17-2005 -AN ORDINANCE AMENDING CHAPTER 19 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE WHEAT RIDGE POLICE PENSION FUND. Mayor Cerveny opened the public hearing. Council Bill 17-2005 was introduced on second reading by Mrs. Sang. City Clerk Pam Anderson assigned Ordinance No. 1353 and read the executive summary, Commander Joe Cassa presented the staff report and stated the issues for the item. Mayor Cerveny closed the public hearing. Motion by Mrs, Sang to approve Council Bill 17 -2005 (Ordinance No. 1353) and that it take effect immediately; seconded by Mrs. Adams; carried 8-0. CITY COUNCIL MINUltS: October 10, 2005 Page -2- ORDINANCES ON FIRST READING Item 2. COUNCIL BILL 16-2005 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM PLANNED INDUSTRIAL DEVELOPMENT (PID) AND INDUSTRIAL (I) TO PLANNED MIXED USE DISTRICT (PMUD) FOR PROPERTY LOCATED AT 5060 WARD ROAD, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. (CASE NO. WZ-05-07) (IBC HOLDINGS) Council Bill 16-2005 was introduced on first reading by Mrs. Rotola. Motion by Mrs. Rotola to approve Council Bill 16-2005 on first reading, order it published, public hearing set for Monday, November 14, 2005 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Schulz; carried 8-0. DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. RESOLUTION 48-2005 - APPROVING THE ADOPTION OF THE RESTATED CITY OF WHEAT RIDGE MONEY PURCHASE PENSION PLAN FOR DESIGNATED POLICE DEPARTMENT EMPLOYEES AND THE FIRST, SECOND AND THIRD AMENDMENTS THERETO FOR THE PURPOSE OF REINSTATING THE PLAN'S TAX QUALIFICATION UNDER SECTION 401 (a) OF THE INTERNAL REVENUE CODE AND APPROVING THE SUBMISSION OF AN IRS DETERMINATION LETTER REQUEST AND OF AN IRS VOLUNTARY COMPLIANCE PROGRAM REQUEST TO OBTAIN IRS APPROVAL OF THE REINSTATEMENT OF THE PLAN'S TAX QUALIFICATION UNDER SECTION 401(a) OF THE INTERNAL REVENUE CODE. Resolution 48-2005 was introduced by Mrs. Sang. Pam Anderson read the executive summary. Motion by Mrs. Sang to approve Resolution 48-2005; seconded by Mr, DiTullio; carried 8-0. Item 4. RESOLUTION 49-2005 - 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 2006 BUDGET YEAR. Resolution 49-2005 was introduced by Mr, Schulz. CITY COUNCIL MINUrrS: October 10, 2005 Page -3- Mr. DiTullio stated that he had been advised by the City Attorney to disclose that he has a family member who is an employee of the City. He made this disclosure as required by Charter Section 3.14, He asked 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. The circumstance has come up in previous years with family members who are City employees. The City, like the State and most municipalities, does not have any "anti- nepotism" law, which would prevent family members from being City employees. He concluded that, while the disclosure is required, now that it has been made, Council Member DiTullio is entitled to vote on the budget. Motion by Mr. Schulz to approve Resolution 49-2005; seconded by Mrs. Rotola. Motion to amend by Mr. Gokey to strike the line item in the Open Space budget for the Kendall Park design. Motion failed due to lack of a second. Original motion carried 7-1, with Mr. Gokey voting no, Item 5. Approval of the Cisco Network Upgrade to Forsythe, Inc. in the total amount of $46,032.85. Motion by Mr. DiTullio to approve the purchase of equipment, installation and consulting services for the Cisco Network Upgrade to Forsythe, Inc. in the total amount of $46,032.85; seconded by Mrs. Adams; carried 8-0. ELECTED OFFICIALS' MATTERS Mr. Gokey asked for a consensus to reconvene the Blue Ribbon Panel to consider the recommendation for a budget oversight committee. Consensus was not reached. Motion by Mr. Gokey to take the discussion of a budget oversight committee to the next available study session; seconded by Mr. DiTullio. Motion to amend by Mr. Gokey to add "this year"; Motion failed due to lack of a second. Original motion carried 8-0, CITY COUNCIL MINUfE'S: October 10, 2005 Page -4- Meeting adjourned at 8:06 p.m. APPROVED B'tGIT'? COUNCIL ON OCTOBER 24, 2005 BY A VOTE OF -L to -L ~/ ' /-Y;) 11{/J' /:) ; ,tyLl;Lt~ L a Rotola, ouncil 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.