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HomeMy WebLinkAbout10/09/2000 (2) October 9. 2000 CITY COUNCIL SPECIAL MEETING MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The Special Meeting was called to order by Mayor Cerveny at 5 30 P m Councilmembers present: Jerry DiTullio, Vance Edwards, Janelle Shaver, Odarka Figlus (arrived at 6 04 pm), Claudia Worth and Harry Hanley Ralph Mancinelli and Ken Siler were absent. Also present: City Clerk, Wanda Sang, Acting City Manager, Jack Hurst; and City Attorney, Gerald Dahl. Doris Ibbison made a comment to City Council regarding Gary Wardle's leaving Item 1. Discussion of City Manager Search Process and Manager Qualifications Acting City Manager, Jack Hurst, updated the Council on selecting the Search Firm for the process of hiring a City Manager Discussion regarding the minimum standards and candidate profile followed Mr Hurst and Mr DiTullio will update the Manager Qualifications/ Requirements (that have been used in the past) with the comments made at this meeting Meeting adjourned at 6 42 P m - y ( ~.ij .0d/ia..,;:"i. ,~r..,... Wanda Sang, City Clerk::' APPROVED BY THE CITY COUNCIL ON OCTOBER 23, 2000 BY A VOTE OF h TO () October 23. 2000 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, Ken Siler, and Claudia Worth Also present: City Clerk, Wanda Sang, Acting City Manager, Jack Hurst; City Attorney, Gerald Dahl, Director of Planning, Alan White, Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES OF OCTOBER 9,2000 (Special Meeting) OCTOBER 9, 2000 (Regular Meeting Motion by Mr DiTullio for approval of the October 9, 2000 Special Meeting Minutes, seconded by Mr Mancinelli, carried 6-0 with Mr Siler and Mr Mancinelli abstaining, they had not been present at the meeting Motion by Mr DiTullio for approval of the October 9, 2000 Regular Meeting Minutes, seconded by Mr Siler Motion by Mrs Worth that Dan Kimball's comments be elaborated on in the Minutes, seconded by Ms Figlus, carried 8-0 Original Motion as amended carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read Proclamations for Korean War Veterans Remembrance Day - November 11 2000 and Wheat Ridge Hospice Month - November 2000 CITIZENS' RIGHT TO SPEAK There was no one present to speak. CITY COUNCIL MINUTES October 23, 2000 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 26 - An ordinance amending Chapter 15 of the Wheat Ridge Code of Laws by amending Section 15-1, Definitions, adding Sections 15-31 through 15- 34 and adding a new Article III, Sections 15-40 through 15-46, entitled "Closure Procedures for Specified Crime Properties" Council Bill 26 was introduced on second reading by Mrs Worth, who also read the title and summary; Clerk assigned Ordinance No 1210 Motion by Mrs. Worth to approve Council Bill 26 (Ordinance 1210) with the following conditions This Ordinance will apply to hotels, motels, and apartments of 10 or more units, Section 15-43 (a) be amended to read "At the discretion of the court, the court may find that a structure constitutes specified crime property as defined in this article The court may order that it should be closed for a period of time not to exceed 1 year, provided that the following minimum standards shall apply", seconded by Mrs Shaver Mr Siler will vote against this motion because the list of items in Section 1 should be applied fairly across the entire City Mr Edwards agrees with Mr Siler and feels that quality of life issues and maintenance of buildings need to apply to the entire City Motion by Mr DiTullio for a substitute motion to approve Council Bill 26 (Ordinance 1210) as stated in the packet; seconded by Mr Edwards Motion by Mrs Shaver for an amendment to Mr DiTullio's motion that Section 1 (14) be changed to read" to maintain or use any building or structure which substantially injures or endangers the health, safety, or welfare of the public by reason of inadequate maintenance" To add Section (15) to maintain vacant buildings or structures which are not secure and to which entry may be made through opened or unlocked doors, windows or other openings And to renumber previous Section 15 to 16, seconded by Mrs Worth Mr Edwards will vote no for the same reasons he previously stated, we have an Ordinance that will put some teeth into the law dealing with vacant buildings and poorly maintained buildings and doesn't want to tie our hands or restrict us like this amendment will do Motion failed 3-5 with Councilmembers Figlus, Shaver, and Worth voting yes Motion by Ms Figlus for an amendment to Section 15-43 (a) to change the word "shall" to "may", seconded by Mrs Worth, tied 4-4 with Councilmembers Hanley, Shaver, Worth, and Figlus voting yes Mayor broke the tie by voting yes, motion carried 5-4 CITY COUNCIL MINUTES October 23, 2000 Page - 3 - Vote on substitute motion as amended carried 5-3 with Councilmembers Shaver, Worth, and Figlus voting no Vote on original motion as amended carried 5-3 with Councilmembers Shaver, Worth, and Figlus voting no Item 2. Application by Nextel Communications for approval of an amendment to a Planned Industrial Development final development plan for property located at 4836 Van Gordon Street. (Case No WZ-00-07) (TO BE CONTINUED TO NOVEMBER 13, 2000) Motion by Mr DiTullio to continue this item to November 13, 2000; seconded by Mr Mancinelli, carried 8-0 ORDINANCES ON FIRST READING Item 3. Council Bill 32 - An Ordinance providing for the approval of rezoning from Residential-Two and Restricted Commercial to Planned Commercial Development and approval of a Combined Outline and Final Development Plan for property located at 9751 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-00-11) (Tony Ficco for Legend Properties, LLC) Council Bill 32 was introduced on first reading by Mr Hanley, who also read the title Motion by Mr Hanley that Council Bill 32 be approved on first reading, ordered published, public hearing be set for Monday, November 13, 2000 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 Mancinelli, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 4. Resolution 40-2000 - A Resolution clarifying policy on Code Enforcement Activities within the City of Wheat Ridge Resolution 40 was introduced by Mr Mancinelli Motion by Mr Mancinelli for adoption of Resolution 40-2000; seconded by Mr Siler CITY COUNCIL MINUTES October 23, 2000 Page - 4 - The following speakers were present: Richard Doyle, 4491 Upham Street, asked that Code Enforcement adopt the policy as is written here, the enforcement should be the same allover the City; have the Code officer take care of the situation rather than pit neighbor against neighbor New people are moving in all the time and don't know the laws of the City and could be informed by the Code officer when he is driving by Code should be published periodically in the newspaper to keep people informed Karen Case, 3871 Eaton Street, spoke in favor of strong Code Enforcement and asked Council's support. Larry Merkl, 7175 West 34th Place, spoke in favor of pro-active Code Enforcement; some properties in the City are going downhill and if Code Enforcement doesn't take care of the problems, the property values in the City are going to go down, we might get a reputation like some cities in the area, Code Enforcement officers drive down the streets with blinders on, he asked that the Code be enforced equally Erna McIntyre, 4080 Reed Street, stated that she feels Code Enforcement uses the wrong approach, she goes around as a volunteer and talks to people and advises them of what Code violations they have, she then follows up and only calls Code Enforcement if the violations are not taken care of after a reasonable amount of time Motion by Mr DiTullio to override the Mayor's ruling of letting Mrs Worth speak for the third time on this subject and to enforce the Council Rules, seconded by Mr Siler; carried 5-3 with Councilmembers Shaver, Worth and Figlus voting no Motion by Mr Siler to allow Mrs. Worth a 3-minute summation, seconded by Mr Hanley; failed 5-3 (needed six votes to pass). Motion carried 5-3 with Councilmembers Shaver, Worth, and Figlus voting no Ms Figlus voted no because this Resolution just looks like a slap at our staff, which is not deserved, this does not change any of our rules or how they will be enforced, this creates another piece of paper and we didn't give staff a chance to address the issue and tell their side CITY COUNCIL MINUTES October 23, 2000 Page - 5 - Item 5. CONSENT AGENDA, A. Approval of Expenditure Items B Appropriation of funds for one new work station and one modified work station C Approval of additional compensation for 3 acting positions D Motion to hold a Study Session on October 30, 2000 at 7 00 P m. Consent Agenda was introduced by Mrs Worth, who also read the titles Mr Siler asked to pull Item D Motion by Mrs. Worth for approval of A. B C, seconded by Mr DiTullio, carried 8-0 Mr Siler asked what would be on the Agenda on October 30 Mr DiTullio stated that we would look at an Executive Search Firm for the City Manager search, we will also look at the re-write of Chapters 15 and 26 and decide if we want to send them on to different committees. Motion by Mr Siler for approval of D , seconded by Mr Edwards, carried 7-1 with Mr Hanley voting no COUNCIL COMMITTEE REPORTS Jerry DiTullio - City Affairs Committee - stated there is nothing scheduled at this time, feels the meeting times will be taken up by the Finance Committee discussing the budget. Next meeting will probably be the third Monday in November Vance Edwards - Public Works Advisory Committee - will hold a special meeting on Wednesday Odarka Figlus - Finance Committee has reviewed the Police and Recreation Center budgets, next meeting will be tomorrow; she urged all members of Council to attend, they will discuss the administrative area of the City, including the Council and the Mayor's budget and the following meeting will be on October 30 prior to the Study Session and they will discuss the Planning Department. CITY MANAGER'S MATTERS Jack Hurst asked that Council take a consensus to allow him, the City Attorney and acting Police Chief to work on bringing the Massage Ordinance up to date Mr Edwards asked for consensus Consensus was 8 in favor CITY COUNCIL MINUTES October 23, 2000 Page - 6 - He updated Council on upcoming fees regarding "Vern's" as part of the ESTIP program He has tentatively picked three possible firms to conduct the City Manager selection process One of them will be coming in on October 30 If Council is not satisfied with their presentation, he will invite the other two candidates to come and speak to Council. He feels that Ralph Anderson Associates offers the best for the City CITY ATTORNEY'S MATTERS Mr Dahl handed out the revision of Chapter 26 and an 8-page letter pointing out the high points. He praised the Planning Department for all their help ELECTED OFFICIALS MATTERS Claudia Worth asked Mr Hurst to congratulate Mr Goebel for the timing of the Wadsworth signals. She stated that Open Space has put a hold on purchasing the Greenbelt until after the Election in case Amendment 21 passes She reminded citizens to buy memorial bricks to lay outside the Gazebo at City Hall She invited citizens of District IV to call her with Code problems if they don't want to give their names and call them in Janelle Shaver asked Mr White for documentation about Code Enforcement in all the districts Jerry DiTullio asked for consensus that the Housing Authority be on the November 20 Study Session, consensus was 8 in favor Vance Edwards thanked Mr Dahl and Planning staff for the re-write of the Zoning Code He congratulated Mr Peterson from District I for finally receiving his Sergeant stripes 54 years late Meeting adjourned at 9 35 P m / JJ 'I ;. . II Ifo-il..- " " t,.l".7Y""r Wanda Sang, City Glerk APPROVED BY CITY COUNCIL ON NOVEMBER 13, 2000 BY A VOTE OF -.l TO--.!L. , ~ I / ~, Jerry Di ullio, Council President The preceding Minutes were prepared according to ~47 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