HomeMy WebLinkAbout05/21/2001
May 21, 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, Dean Gokey, and Claudia Worth Also present: City Clerk,
Wanda Sang, Acting City Manager, Jack Hurst; City Attorney, Gerald Dahl, Acting Director of
Parks & Recreation, Joyce Manwaring, Acting Chief of Police Joe Cassa, Director of Public
Works, Bob Goebel staff. and interested citizens
APPROVAL OF MINUTES OF Study Session of April 16, 2001
Motion by Mr DiTullio for the approval of the Study Session Minutes of April 16, 2001,
seconded by Mr Mancinelli, carried 7-0 with Mr Gokey abstaining
PROCLAMATIONS AND CEREMONIES
Mayor read Proclamation for Public Service Recognition Week - May 7 to May 14 2001
CITIZENS' RIGHT TO SPEAK
There was no one present to speak.
APPROVAL OF AGENDA
Motion by Mrs Worth to approve the Agenda as printed, seconded by Mr Hanley; carried 8-0
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
(Continued from April 23, 2001) (ACTION ONLY)
Council Bill 07 was introduced on second reading by Mr DiTullio, who also read the title and
summary Clerk assigned Ordinance No 1219
CITY COUNCIL MINUTES May 21, 2001
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Motion by Mr DiTullio for approval of Council Bill 07-2001 (Ordinance 1219), to take effect
immediately; seconded by Mr Mancinelli
Motion by Mr Edwards for an amendment under Section 5 Effective Date - it read 'take effect
immediately upon passage, as provided by Section 5 11 of the Charter", seconded by Mr
DiTullio, carried 6-2 with Ms Figlus and Mrs Shaver voting no
Motion by Mrs Worth for an amendment under Section 15-3 Right of Entry to include from
Mr Hurst's memo 1 2 3 4 and 5 seconded by Mrs Shaver. failed 3-5 with
Councilmembers Figlus, Shaver, and Worth voting yes
Motion by Mrs Worth for an amendment to put in a sentence "Pro-active enforcement of this
Ordinance shall be limited to those violations which can be seen from the right-of-way,
seconded by Ms Figlus, failed 3-5 with Councilmembers Figlus, Shaver and Worth voting
yes
Motion by Ms Figlus to strike in Section 15-2 the words "to the extent possible or practical, in
the sole discretion of the APCO officer", seconded by Mrs Worth, failed 3-5 with
Councilmembers Figlus Shaver, and Worth voting yes
Motion by Mrs Worth for an amendment under Section 15-4 Definitions page 6, last
paragraph to add ", or tall prairie grass areas or declared wildlife areas of one acre or more in
conservation areas" This would also be added to the end of the paragraph of Section 15-23
(b) Weed control, seconded by Ms Figlus, failed 3-5 with Councilmembers Worth, Figlus
and Shaver voting yes
Motion by Mrs Worth for an amendment under Section 15-25 (h) Unlawful activities to
change the last sentence from one cord or less "to" two cords or less , seconded by
Mr Hanley; tied 4-4 with Councilmembers DiTullio, Mancinelli, Gokey and Edwards voting no
Mayor broke the tie by voting yes Motion carried 5-4
Motion by Ms Figlus for an amendment under Section 15-38 (a) second line, to strike the
word article and substitute the word chapter, seconded by Mrs Worth, after interpretation by
Mr Dahl, Ms Figlus withdrew the motion and moved to duplicate the wording of Section 15-38
(a) deleting the reference to section 15-40 and including it within Section 15-7, seconded by
Mrs Worth, tied 4-4 with Councilmembers Figlus, Shaver Hanley and Worth voting yes
Mayor broke the tie by voting no Motion failed 4-5
CITY COUNCIL MINUTES May 21, 2001
Page - 3 -
Motion by Mrs Worth for an amendment under Section 15-10 (e) to read "In addition to any
fines levied hereunder, the court, at its discretion, shall impose as a portion of the costs
assessed against a convicted responsible party, any costs incurred by the city in prosecuting,
enforcing and abating the nuisance , seconded by Mrs Shaver; failed 2-6 with
Councilmembers Worth and Figlus voting yes
Motion by Mrs Worth for an amendment under Section 15-10 (c) to be changed to read "In
levying and imposing fines upon conviction of any of the sections specified herein, the court
shall have the authority to reduce or suspend all or any portion of the fines specified herein"
seconded by Ms Figlus, failed 3-5 with Councilmembers Figlus, Shaver and Worth voting yes
Mrs Shaver wanted to know if Mr Gokey would be allowed to vote on this ordinance Mr
Dahl stated that he would Discussion of the ordinance followed
Mrs Worth will vote no, because she is ashamed to live in the City of Wheat Ridge
Businesses are treated inappropriately by the tax code and now the citizens will be treated the
same way The code was written because certain gentlemen on City Council could not handle
problems within their district. People have the right to live on their property in a reasonable
manner The ordinance was written by staff for the convenience of staff People out there
take heed, this is very serious Do not plan on your quiet life to remain
Mrs Shaver said that she will vote no because she has issues with code enforcement, and if
the code problems can be fixed, it is not necessary to transfer the whole action over to the
Police Department. She recommends that after the new city manager comes aboard, Council
should talk to him about how he feels about code enforcement.
Ms Figlus stated that she will vote no on this ordinance because it is not wise to pass a law
that is partially good and partially bad, we have good employees now, but that can change in
the future, it might be enforced in a different way; this code does not provide any of those
safeguards She pointed out for the record that the no other Cities mentioned that their code
enforcement was in the police department. She had planned on making more amendments,
but she knew they wouldn't pass and didn't want to waste time
Original Motion as amended carried 5-3 with Councilmembers Figlus, Shaver and Worth
voting no
CITY COUNCIL MINUTES May 21, 2001
Page - 4 -
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
(Continued from April 23, 2001) (ACTION ONLY)
Mr Mancinelli introduced Council Bill 08 on second reading and read the title and summary
and background Clerk assigned Ordinance No 1220
Motion by Mr Mancinelli for adoption of Council Bill 08-2001 (Ordinance 1220), seconded by
Mr DiTullio
Motion by Mr Edwards for an amendment that under Section 5 it read "This ordinance shall
take effect immediately upon passage, as provided by Section 5 11 of the Charter; seconded
by Mr DiTullio, carried 5-3 with Councilmembers Figlus, Shaver, and Worth voting no
Mrs Worth read Section 2-33 for the benefit of the audience and commented that you may be
arrested because your weeds are over 12 inches
Ms Figlus asked about the budget impact of this ordinance Mrs Worth stated that this could
not be addressed because the public hearing on this was closed Mayor stated that she would
allow this question to be answered Mr Dahl explained that questions could be answered of
staff during the action process
Motion by Mrs Worth to override the Mayor's decision seconded by Mr DiTullio failed 5-3
with Councilmembers Shaver, Worth, and DiTullio voting yes
Ms. Figlus will vote no on this Ordinance because the additional cost of at least $19,000, the
over-staffing of Code Enforcement; she worried about Greenbelt patrolling that will fall by the
wayside
Mrs Shaver cannot support this because Code Enforcement Officers are designated as peace
officers and it gives them detain and arrest powers she believes that arrest powers should be
reserved for sworn officers who are trained and know the procedures, we are asking for
trouble
Original Motion as amended carried 5-3 with Councilmembers Figlus, Shaver, and Worth
voting no
CITY COUNCIL MINUTES May 21, 2001
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ORDINANCES ON FIRST READING
Item 3.
Council Bill 12-2001 - An Ordinance amending Articles I and II of Chapter 21 of
the Code of Laws of the City of Wheat Ridge, Colorado concerning work in
public ways
Mr Edwards introduced Council Bill 12-2001 read the title and gave background and
summary
Motion by Mr Edwards that Council Bill 12 be approved on first reading, ordered published
and set for public hearing June 11, 2001 at 7 00 P m in City Council Chambers, seconded by
Mrs Worth, carried 8-0
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 4.
Motion that the City's attributable share of Open Space funds through the Year
2005 be used for the acquisition of Open Space and Park Land
Mr DiTullio introduced, read and gave summary of Item 4 Mr DiTullio passed out a
substitute motion by Joyce Manwaring
Motion by Mr DiTullio that the City s attributable share of Open Space funds as budgeted in
the five year budget, through the year 2005, be used for the acquisition of Open Space and
Park Land, as a match for the Jefferson County bond funds second issuance He further
moved that the City request 100% funding as needed from Jefferson County Open Space for
these acquisitions, with 25% reimbursement from the City be paid before the end of the life of
the bonds, seconded by Mrs Shaver; carried 8-0
Item 5.
Motion to award Bid RFB-01-023, Real Estate Services, to Cornerstone
Financial, dba Cornerstone Realty
Mr DiTullio introduced and read Item 5 and explained that Cornerstone Realty had been
chosen by the Housing Authority to handle their Housing Authority Realtor broker services
because of their expertise in Housing Authority matters but this time he talked to
Councilmember Figlus and feels this should probably be referred to the City Affairs Committee
to discuss the other two applicants
Motion by Mr DiTullio that this be referred to the City Affairs Committee for June 18 seconded
by Ms Figlus, carried 8-0
CITY COUNCIL MINUTES May 21, 2001
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Item 6.
Consent Agenda.
A. Motion to award Bid RFB-01-24, Forestry Services, to various firms based on
pricing and availability, in the total amount of $63,000
B Motion to award Bid RFB-01-031 Fitness Equipment Testing Software, to
MicroFit, Inc., in the total amount of $7 378
C Motion that applicants for the Civil Service Commission be required to pass a
background check as part of the selection process
D Motion that the City accept the Urban Renewal Authority's contribution for
overtime and regular pay in Public Works for the research and preparation of
deed information related to the properties within the urban Renewal District
Boundaries
E Motion to approve an amendment to the Urban Renewal Authority budget to
pay for City staff wages and salaries in connection with preparing legal
descriptions for Urban Renewal Areas
F Motion to approve the Request for Qualifications for preparing the Urban
Renewal Plans for Wadsworth Blvd and 38th Avenue
Consent Agenda was introduced and read by Mrs Worth
Motion by Mrs Worth for the adoption of the Consent Agenda, seconded by Mr DiTullio,
carried 8-0
COUNCIL COMMITTEE REPORTS
Jerry DiTullio - City Affairs Committee - Mr DiTullio stated that Mrs. Worth was elected Chair
of the City Affairs Committee Mrs Worth explained that actually she was appointed by Mr
DiTullio
Mrs Worth reported that they discussed auxiliary dwelling units and Mr White explained
Planning Commission's recommendations Mr Gokey and Ms Figlus made some good
comments and she has appointed them to look further into their recommendations and get
with Mr White and bring them back to City Affairs
They also discussed the priority of Open Space acquisitions
CITY COUNCIL MINUTES May 21, 2001
Page - 7 -
CITY MANAGER'S MATTERS
Jack Hurst thanked City Council for supporting him during his stint as acting City Manager and
the confidence placed in him He is looking forward to working with Scott Staples
CITY ATTORNEY'S MATTERS
Motion by Mr Edwards that the City Affairs Committee discuss mail-in fines for nuisance
cases at their next meeting and bring it back to City Council, seconded by Mr DiTullio, carried
8-0
ELECTED OFFICIALS MATTERS
Mayor Cerveny made public service announcement that brochures for the Metro Mayors'
Caucus Home Mortgage Loans are available at City Hall
City Clerk, Wanda Sang, Mayor Cerveny, and Councilmembers thanked Jack Hurst for the
work he did during his time as acting City Manager
Meeting adjournEfd at 931 pm
APPROVED BY CITY COUNCIL ON JUNE 11, 2001 BY A VOTE OF ..L TO--L
j' I
, I
DiTullio, 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