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HomeMy WebLinkAbout04/23/2001 April 23. 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, and Claudia Worth Ken Siler was absent. Also present: City Clerk, Wanda Sang Acting City Manager Jack Hurst; City Attorney Gerald Dahl Acting Director of Parks & Recreation, Joyce Manwaring, Director of Planning, Alan White Director of Public Works, Bob Goebel, City Treasurer Ron Patera, staff' and interested citizens Mayor Cerveny stated that Mr Siler's wife had given her a letter prior to the meeting and asked that the Mayor read it into the record The letter was Mr Siler's resignation, effective April 23, 2001, due to health reasons APPROVAL OF MINUTES OF April 5 and April 9, 2001 Motion by Mr DiTullio for approval of the Minutes of April 5 and April 9, 2001, seconded by Mrs Worth, carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny presented a plaque to Jefferson County Open Space in appreciation and thanks for acquiring the Coors Greenbelt property Mayor Cerveny presented the "Pride of Wheat Ridge Award" to Brianna Loecher in recognition of her outstanding achievements in competitive swimming Mayor read Proclamations for "Crime Victims' Rights Week - April 22 - 28 2001" "National Kite Week - April 23 - April 29, 2001" and the last Sunday in April as "National Kite Day" and "Excellence in Government Week - May 7 - May 14, 2001" CITIZENS' RIGHT TO SPEAK There was no one present to speak. CITY COUNCIL MINUTES April 23, 2001 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 07-2001 - concerning Nuisance Control and in connection therewith repealing and reenacting Chapter 15 and repealing Chapter 20 of the Code of Laws Council Bill 07 was introduced on second reading by Mr DiTullio who also read the title and summary Mr Dahl presented the staff report and stated that this is a comprehensive revision and rewrite of the City's Ordinances concerning nuisance control Presently the Code has two Chapters, Chapter 15 on Nuisances and Chapter 20 on Solid Waste and they have been combined in a new Chapter 15, which is shorter than the original Jack Hurst stated that this rewrite clarifies Chapter 15, but doesn't change much, other than process He supports this document, whether enforcement stays in Planning or comes over to the Police Department. He asked that the enforcement issue be a separate discussion The following speakers were present: Mildred Tucker, 3625 Moore Street, spoke against this ordinance, she thinks it's wrong for the City to put itself above the law and this has to do with the Greenbelt, because we still have many areas for nesting birds that do not get cleaned out, but if private citizens do this, it becomes a criminal offense for the citizens She resents the fact that a person can be charged with a crime against the citizens of the State of Colorado, when in most instances there is no injured party If there is no complainant, there should be no citation She also resents that this Ordinance allows the Code Enforcement Officer to forcibly enter your home She asked that Section 15 3 (c) be removed from the Ordinance She feels fines are excessive Louise Turner, 11256 West 38th Avenue spoke against the Ordinance, she doesn't think totally different jobs like Animal Control and Code Enforcement should be combined This ordinance is going too far with right of entry fees, that can't be lowered by a judge She wants the Siberian Elm and Box Elder tree not to be on the list of undesirable trees People in Wheat Ridge take pride in their properties and take care of them and don't need the threat of enforcement hanging over them to do it. She suggested this Ordinance be tabled and get the really bad things out of it. CITY COUNCIL MINUTES April 23, 2001 Page - 3 - Motion by Mr DiTullio to continue Council Bill 07 for action only to May 28, 2001, seconded by Mr Edwards, carried 4-3 with Councilmembers Shaver, Worth and Figlus voting no Item 2. Council Bill 08-2001 - An Ordinance amending Sections 2-33, 2-34 13-32(a), 16- 47, and 16-156 of the Code of Laws, concerning Code Enforcement Officers Council Bill 08 was introduced on second reading by Mr Mancinelli, who also read the title and summary Mr Dahl explained the changes to the Code Motion by Mr Mancinelli to continue Council Bill 08 for action only to the May 28, 2001 meeting, seconded by Mr Edwards carried 4-3 with Councilmembers Shaver, Worth, and Edwards voting no Item 3. Public Hearing on Resolution 11-2001 - finding the existence of blight in the vicinity of the Wadsworth Corridor from 35th Avenue to 44th Avenue Mr Edwards introduced Resolution 11 and read the summary and background Alan White stated that the presentation would be made by Mr Ware from HNTB Corporation who had been hired to do the blight study Terrance Ware, presented the blight study from Wadsworth Blvd from 35th Avenue to 44th Avenue and read the summary into the record John CoUp, resident in District III and a business owner on Wadsworth and a spokesperson for a merchants association on the south-west corner of Wadsworth, questioned if the conditions mentioned in the blight study are the problem of the landowner Some of the items sound like a City or State problem They would be interested in talking to the Urban Renewal Authority They are all in favor of seeing Wheat Ridge improved and would like to help Marilynn Force, life-long resident of Wheat Ridge, has worked with business owners in Boulder to improve their properties Jim Windholz, attorney for Urban Renewal Authority questioned if this public hearing had been advertised 10 days prior in a newspaper of general circulation in the City City Attorney stated that we had done that. He stated that at least seven legal factors of blight exist in the blight analysis prepared by HNTB Corporation CITY COUNCIL MINUTES April 23, 2001 Page - 4 - He requested that all the exhibits and blight analysis from HNTB be included in the record Mayor accepted all exhibits into the record He stated that the legal process that has transpired here is very sufficient for this Resolution Dana Jaugilas, employee of HNTB, answered questions Mrs Worth questioned why residential units were included in this Study Mr White answered that these units are not in a residential zoning Motion by Mr Edwards to approve Resolution 11-2001 seconded by Mr DiTullio Mrs Shaver had additional questions, but the Mayor ruled that the questions were to be asked during the public hearing portion of the item, and the public hearing had been closed Mrs Shaver asked that the Mayor be overruled Mrs Worth moved to overrule the Mayor and allow Mrs Shaver to ask her questions, seconded by Ms Figlus, carried 6-1 with Mr DiTullio voting no Original Motion carried 6-1 with Ms Figlus voting no Ms Figlus feels we need economic programs for the entire City, whether the piece of property is in the urban renewal area or not. Urban Renewal is not a panacea City Council needs to work with existing businesses and attract businesses that are neighborhood supported, to make this a better community to live in The legislative intent is clearly spelled out on CRS and when she drives by there she does not see these areas promote disease, crime, juvenile delinquency The streetscaping program will help the revitalization and the economic well-being of this City Item 4. Public Hearing on Resolution 12-2001 - finding the existence of blight in the vicinity of the 38th Avenue Corridor between Sheridan Blvd and Wadsworth Blvd Item 4 was introduced by Mr Edwards who also read the title Terrance Ware referred to the 38th Avenue Blight Study booklet that had been prepared by HNTB Corporation They found five elements indicating blight in the study area Mr Windholz asked if 10 days public notice of this hearing had been published in a paper of general circulation in the City of Wheat Ridge Mr White stated that it had been published Mr Windholz asked that all the exhibits mentioned in the Resolution be accepted into the record Mayor accepted the exhibits CITY COUNCIL MINUTES April 23, 2001 Page - 5 - Motion by Mr DiTullio to approve Resolution 12-2001 seconded by Mr Mancinelli, carried 6-1 with Ms Figlus voting no Ms Figlus reiterated her reasons for voting no as outlined under item 3 Item 5. Public Hearing on Resolution 13-2001 - approving a proposed modification to the Urban Renewal Plan Item 5 was introduced by Mr Edwards who also read the title summary and background Mr Windholz asked Mr White to confirm that there has been at least a 30 day notice in a newspaper of general circulation in the City of Wheat Ridge as well as to those people described in Section 3 31-25-101 Mr White confirmed that the 30 day notice had been provided as prescribed by State Statutes This modification is in conformance with the City's Comprehensive Plan The Jefferson County Commissioners did receive an impact analysis of this area and there is none The two exhibits attached to the Resolution were accepted as part of the record by Mayor Cerveny No individuals or families are going to be displaced by this modification to the Urban Renewal Plan There is a relocation plan for the businesses Not more than 120 days have passed since the first public hearing on this modification because this is the first public hearing The City Council did not fail to previously approve this modification of the Urban Renewal Plan, this is their first opportunity to hear that. The existing plan still provides for an opportunity for redevelopment of the urban renewal area as we are proposing its modification by private enterprise Motion by Mr Edwards to approve Resolution 13-2001 seconded by Mr DiTullio, carried 7-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 6. Motion for designation of the Streetscape Pilot Project location Item 6 was introduced by Mrs Shaver, who also read the summary and background Motion by Mrs Shaver that the location for the Streetscape Pilot Project be 38th Avenue between Harlan Street and Sheridan Blvd, seconded by Mr Edwards, carried 7-0 CITY COUNCIL MINUTES April 23, 2001 Page - 6 - Item 7. Resolution 10-2001 - authorizing an amendment to the 2001 Capital Projects Budget to allow for the construction of the Streetscape Pilot Project in 2001 Item 7 was introduced by Mrs Shaver, who also read the title, summary and background Motion by Mrs Shaver that $500,000 be transferred from the General Fund Reserves into the Capital Projects Revenues to provide funding specifically for the 38th Avenue Streetscape Pilot Project between Harland Street and Sheridan Blvd I further move to adopt Resolution 10-2001, seconded by Mr Mancinelli, carried 7-0 Item 8. Approval of change in title and reporting responsibilities for the Assistant to the City Manger Item 8 was introduced by Mr DiTullio, summary and background read by the Clerk. Motion by Mr DiTullio to approve the change in title and reporting responsibilities for the Assistant to the City Manager and further move that an appropriate job description be presented to the Personnel Commission at their first meeting in May 2001, for their immediate approval, seconded by Mrs Worth, carried 7-0 Item 9. CONSENT AGENDA A. Approval of expenditures B Approval of a change order to the THK and Associates, Inc contract for design services of the Streetscape Pilot Project. C Motion to accept the 1999 Juvenile Accountability Incentive Block Grant. D Approval of City Contributions to Nonprofit Organizations E Approval of purchase of 1 2001 Model GMC G3500 to replace existing van used by Police Investigations CITY COUNCIL MINUTES April 23, 2001 Page - 7 - F Motion to award bid for Senior Center Kitchen Expansion Design to C4iDesgin Group, Inc G Resolution 09-2001 - supporting the concept of a Metropolitan-Wide Public Safety Air Support Authority for the Seven County Metropolitan Counties Consent Agenda was introduced and read by Mrs Worth Motion by Mrs Worth for approval of the Consent Agenda as printed seconded by Mr Edwards, carried 7-0 ELECTED OFFICIALS MATTERS Motion by Mr Mancinelli that an Agenda Item be added to the May 14 Agenda which will be for the interviewing and selection of a Council Member for District II, which has been vacated by the resignation of Ken Siler dated 4/23/2001, seconded by Mr DiTullio, carried 7-0 Motion by Mr Mancinelli that an Agenda Item be added to the May 14 Agenda for appointing a new Mayor pro tem, seconded by Mr DiTullio, carried 7-0 All Councilmembers sent greetings to Mr Siler and extended best wishes for his future Meeting adjourned at 10'13 p m ~ A ),i.t:L<t...,. . I_~ Wanda Sang, City C APPROVED BY CITY COUNCIL ON MAY 14, 2001 BY A VOTE OF ~ TO ~ Ire .::..,. 0./1 I / ' JA...f.. t...() 1./ Jer!y D(Tullio 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