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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 Page - 2 - 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 Page - 5 - 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 Page - 6 - 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