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HomeMy WebLinkAbout07/28/2003 ~w@@ CITY OF WHEAT RIDGE, COLORADO July 28.2003 The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Jerry DiTullio, Vance Edwards, Dean Gokey, Ralph Mancinelli David Schneider, and Lena Rotola Harry Hanley and Odarka Figlus were absent. Also present: City Clerk, Wanda Sang, City Manager, Randy Young, for City Attorney, Carmen Beery; Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF July 14. 2003 Motion by Mr DiTullio for the approval of the Minutes of July 14, 2003, seconded by Mr Edwards, carried 6-0 CITIZENS' RIGHT TO SPEAK John Jerman, 11694 West 3yth Avenue, requested more than 3 Minutes to speak. Motion by Mr Schneider to allow Mr Jerman more time to speak; seconded by Mrs Rotola, carried 6-0 Mr Jerman stated that he had signed the petition relative to the Clerk and Treasurer, and he now regrets that action based on what he has learned about the intent and purpose of the Ordinances He looked into the matter and found that there is much misleading and incorrect information being circulated Council adopted the Ordinances with the best interest of Wheat Ridge in mind Adjusting these salaries now and comparing them to the Mayor's position is proper It has nothing to do with Council domination of these two offices as some have charged It has nothing to do with the issue of appointment vs elected position These are difficult times for the City He read an Editorial from the Denver Post into the record, which was in support of the Ordinances CITY COUNCIL MINUTES""" July 28, 2003 Page -2- Michael Snow, 3850 Carr Street, asked that he be allowed to speak for 4 Yz Minutes, because that is how much time was allowed for Pamela Anderson at the last meeting and he wants to address her comments Motion by Mr DiTullio to allow Mr Snow to speak as requested, seconded by Mr Edwards, carried 6-0 He passed the petitions against the Clerk and Treasurer salary cuts and exercised his rights to free speech and to petition his government. The signers exercised their same rights Pam Anderson signed these petitions and later stated she had been mislead, it doesn't matter what he said, the full text was available for her to read She is using this to bandstand her candidacy for City Clerk. Signers were contacted by some City Councilmembers and questioned if they were mislead Claudia Worth, 4650 Oak Street, read a letter to the Editor that she wrote to the Transcript. She questioned Council's response to the petitions Let citizens decide at the polls She stated that she does not intend to run for either of these positions Karla Nostas, 3500 Parfet Street, was also a petition carrier She is disappointed how this situation was handled If this goes to the voters, they will make a good decision She conceded the remainder of her time to Nancy Snow Nancy Snow, 11155 West 40th Avenue, addressed the treatment of people by Council that are on Boards and Commissions or who sign up to speak. She cited various examples She does not approve that there is no public input on first readings She is shocked that two Councilmembers are interfering with the petition process Mr DiTullio stated that he sent a letter to people at his own expense addressing the petitions He questioned why Mrs Snow sends out e-mails on the State Computer that was purchased by the taxpayers The State just laid off 600 people and Mrs Snow has been telling people that she is doing the job of 1 Yz people and he is concerned that she is using State equipment to broadcast e-mails Mr Schneider declared that he is the person who asked that the City Manager bring forward a report detailing the performance of the Planning Commission members and their official duties and responsibilities The Manager responded outlining numerous problems, such as faulty motions, too many unenforceable conditions, behavior toward applicants, chatting among the members Carol Taylor, 9750 West 36th Avenue, stated that her husband is giving her his 3 Minutes She encouraged people to take an interest in their local government. CITY COUNCIL MINUTES""" July 28, 2003 Page -3- Don Peterson, 9945 West 34th Drive, disputed Council's reasons for spending $38,170.20 on landscaping on West 32nd Avenue, that was approved at the last meeting Susan Seeds, 6147 West 35th Avenue, believes in the public process and was a petition carrier The Clerk and Treasurer should be paid commensurate with the 30 hours they put in It bothers her that people who signed the petitions are feeling threatened Let the voters decide Mr DiTullio explained that his letter concluded by saying that people should call the Clerk to get information, not to call him. He never mentioned any particular group Kim Stewart, 11700 West 46th Avenue was a petition carrier The controversy that has emerged since the petitions were delivered to the City Clerk disturb her as it appears some Councilmembers did not want and tried to interfere with citizens rights to participate in the governmental process She has observed some disturbing trends over the last couple of years, such as the dismantling of some of the Boards and Commission, limitation of Council addressing presenters at public hearings, response by Councilmembers that is often demeaning to citizens, obvious disrespect from Council Representatives toward other Council Representatives She then questioned Pam Anderson's ability to be Clerk since she did not read the petition Lisa Libner, 6775 West 26th Avenue, signed the petition outside the Rec Center and was given the opportunity to read it. She subsequently went on to become a petition passer She questioned Mr DiTullio sending out letters to people who signed the petition and gave the City Clerk's Number to call Mrs Sang responded that these petitions were public record and open to public inspection by anybody Mr DiTullio stated that he enjoys sending letters to citizens to inform them of what's going on and will continue to do so APPROVAL OF AGENDA Motion by Mr Edwards to amend the Agenda to direct the City Attorney's office to draft an ordinance repealing Ordinance 1289 and reenacting the previous ordinance establishing City Clerk compensation and to draft an ordinance repealing Ordinance 1290 and reenacting the previous Ordinance establishing City Treasurer compensation I further move that the City Attorney be directed to prepare these Ordinances at the next recess and to provide the Ordinances to City Council for consideration on first reading during this meeting seconded by Mr Schneider; carried 6-0 CITY COUNCIL MINUTE~ July 28, 2003 Page -4- Motion by Mr DiTullio to approve the Agenda as amended, seconded by Mr Mancinelli carried 6-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 COUNCIL BILL 29-2003 - AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING ZONING TO PROVIDE FOR THE LOCATION OF SUBSTANCE ABUSE CLINICS WITHIN CERTAIN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS Council Bill 29-2003 was introduced by Mr Mancinelli who also read the title and summary Clerk assigned Ordinance No 1301 Alan White, Director of Community Development, gave the staff report. Don Peterson supports the Ordinance, but asked why alcohol clinics are not included Mr White explained that under the Americans With Disabilities Act, alcoholism is treated as a protected class and therefore any regulation to prohibit those is not allowed Mr Edwards explained to the television viewers that this Ordinance is similar to the one enacted earlier in the year about Psychics, that this notifies surrounding property owners and allows them input. Motion by Mr Mancinelli to approve Council Bill 29-2003 (Ordinance 1301) on second reading, seconded by Mr Schneider; carried 6-0 Item 2. COUNCIL BILL 27-2003 -AN ORDINANCE AMENDING PORTIONS OF CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING "FAMILY FOSTER HOMES" AND "RESIDENTIAL GROUP HOMES" (CASE NO ZOA-03-05) Council Bill 27-2003 was introduced on second reading by Mr DiTullio, who read the title and summary Clerk assigned Ordinance No 1302 Mr White presented the staff report. Motion by Mr DiTullio to approve Council Bill 27-2003 (Ordinance 1302) on second reading, seconded by Mr Edwards, carried 6-0 CITY COUNCIL MINUTES""'" July 28, 2003 Page -5- Item 3. COUNCIL BILL 30-2003 - AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 21 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING PERMITS FOR USE OF RIGHT-OF-WAY Council Bill 30-2003 was introduced on second reading by Mr Edwards, who read the title and summary; Clerk assigned Ordinance No 1303 Motion by Mr Edwards to approve Council Bill 30-2003 (Ordinance 1303) on second reading, to take effect upon adoption, seconded by Mrs Rotola, carried 6-0 Item 4. COUNCIL BILL 31-2003 - AN ORDINANCE CONCERNING THE REGULATION OF WEEDS AND TALL GRASS Council Bill 31-2003 was introduced on second reading by Mr Edwards, who read the title and summary; Clerk assigned Ordinance No 1304 Tim Paranto, Director of Public Works, explained that this Ordinance takes tall grasses and weeds out of the Nuisance Chapter and puts it in its own chapter This Ordinance regulates tall grasses, but provides exemptions, such as ornamental grasses, Open Space agricultural land that is used as agricultural and Conservation District zoned land Claudia Worth, 4650 Oak Street, asked how this Ordinance will affect their plan to plant tall prairie grasses around the Baugh House Mr Paranto stated that this could be considered a City owned natural area and would then be exempt. Doug Jenks, 11885 West 38th Avenue, understands the intent of this Ordinance, but feels some wording needs to be changed to address the farmer There are properties in this City that are not zoned Agricultural, but are being used as such Also, grass being grown as a crop, should be excluded Don Peterson spoke in support of Mr Jenks Motion by Mr Edwards that Council Bill 31-2003 (Ordinance 1304) be approved on second reading, to take effect 15 days after final publication, with the following amendment: That all references to 5 days of notice be changed to 7 days of notice, seconded by Mr Mancinelli Motion by Mr Schneider for an amendment in Section (g) to insert the word and/or in use for Agricultural Purposes, seconded by Mr DiTullio failed 2-4 with Mr Schneider and Mr DiTullio voting yes CITY COUNCIL MINUTE~ July 28, 2003 Page -6- Mr Edwards opposed the amendment because anybody can say they are using it for agricultural purposes This ordinance follows the State Statute Vote on original motion carried 6-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 5.A. Appointment of interim City Treasurer Motion by Mr Schneider to appoint Mary J Cavarra as interim City Treasurer, effective July 28, 2003, seconded by Mr DiTullio, carried 6-0 Mr DiTullio asked that the cover letters of both applicants be read into the record by the City Clerk. Mrs Sang read both letters, one from Ms Cavarra, one from Mr Wiley Item 5 B. Council Bill 32-2003 - An Ordinance repealing Ordinance 1289, Series 2003, and reenacting Section 2 of Ordinance 1175, Series 1999, concerning compensation for the Office of City Clerk. Council Bill 32-2003 was introduced on first reading by Mr Edwards Motion by Mr Edwards to approve Council Bill 32-2003 on first reading, order it published, public hearing be set to August 25, 2003 at 7 00 P m in City Council Chambers, 7500 West 29th Avenue, and if adopted take effect immediately upon adoption, seconded by Mr Schneider; carried 6-0 Item 5. C. Council Bill 33-2003 - An Ordinance repealing Ordinance 1290, Series 2003, and reenacting Section 3 of Ordinance 1175, Series 1999, concerning compensation for the Office of City Treasurer Council Bill 33-2003 was introduced on first reading by Mr Edwards Motion by Mr Edwards to approve Council Bill 33-2003 on first reading, order it published, public hearing be set to August 25, 2003 at 700 P m in City Council Chambers, 7500 West 29th Avenue, and if adopted take effect immediately upon adoption, seconded by Mr DiTullio, carried 6-0 Item 6. CONSENT AGENDA. A. Resolution 12-2003 - amending fiscal year 2003 budget to reflect acceptance of the Juvenile Accountability Incentive Block Grant. B Resolution 13-2003 - amending the fiscal 2003 budget to reflect acceptance of the LMC Foundation Connecting Neighbors Grant. CITY COUNCIL MINUTES"'"" July 28, 2003 Page -7- C Resolution 14-2003 - amending the fiscal year 2003 budget to reflect acceptance of the bureau of Justice Assistance Bulletproof Vest Grant. D Motion to allow for the use of banners for the 34th Annual Carnation Festival and Parade E 2003 - scheduled fleet replacement: Purchase of one Aerial Lift Truck. F Award RFP-03-030 Harlan Street Walk & Pedestrian Lights Phase II, 44th - 48th Avenue G Public Safety Radio Communications Improvements Consent Agenda was introduced and read by Mr DiTullio Motion to approve the Consent Agenda as printed, seconded by Mr Mancinelli, carried 6-0 CITY MANAGER'S MATTERS Mr Young stated that the City of Wheat Ridge is doing everything it can regarding the West Nile Virus, but asked citizens to take care of any standing water on their personal property ELECTED OFFICIALS' MATTERS Mayor Cerveny reminded everybody of the upcoming Carnation Festival and the many activities associated with that. Mr Gokey is looking to the public for volunteers to help with park maintenance work. Mr Edwards pointed out that the public has a right to speak, but that Council also has a right to speak or to disagree with a speaker Mr DiTullio sends monthly updates on e-mail and anybody that wants to be on the list can tell him He only sends mail to people who have asked to be on the list. Meeting adjourned at 9 40 P m ----r'- - ~ /)jL-tcA--A...-'" ~tL(.~Lr Wanda Sang, City CI~ 2003 BY A VOTE OF ~ to -----D-..