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Home My WebLink About09/11/2000 September 11, 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, City Attorney, Gerald Dahl, for Parks & Recreation, Rick Murray; Director of Planning, Alan White, for Public Works, Greg Knudson, staff; and interested citizens APPROVAL OF MINUTES OF August 28,2000 Motion by Mr DiTullio for the approval of the Minutes of August 28, 2000; seconded by Mrs Worth, carried 8-0 PROCLAMATION AND CEREMONIES Mayor Cerveny read the Proclamations for' Yellow Ribbon Youth Suicide Awareness and Prevention Week - September 17 - 23,2000 Constitution Week - September 17 - 23, 2000 Jefferson County Public Schools 50th Anniversary Honoring Emma Bohm - 100th birthday CITIZENS' RIGHT TO SPEAK There was no one present to speak. APPROVAL OF AGENDA Motion by Mr DiTullio to add Item 7 to the Agenda, Executive Session under Section 5 7(B)(2) regarding Personnel Matters concerning the City Manager and to consider any relevant motions following that Executive Session, seconded by Mrs Worth, carried 8-0 CITY COUNCIL MINUTES September 11, 2000 Page - 2 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 29 - An Ordinance adopting a Temporary Moratorium on acceptance and processing of applications for Building Permits and Rezoning within portions of the City Council Bill 29 was introduced on second reading by Mr Siler; title and summary read by the Clerk, Ordinance No 1205 assigned City Attorney, Jerry Dahl, and Director of Planning, Alan White, explained the purpose and particulars of this Ordinance and the map attached to the Ordinance David Forman, was sworn in by the Mayor; he addressed the site north of Kaiser that is shown on the map, the site owner is Kaiser; he represents the developer for this site and requested that Council exempt this property from the moratorium. They started the zoning process several weeks ago and just found out about this moratorium about 2 weeks ago, they have already made commitments to future tenants There are 4 buildings planned, these will be single story clustered office buildings Motion by Mr Siler to approve Council Bill 29 (Ordinance 1205) declaring a moratorium for a period of six months on the issuance of building permits in certain portions of the City as depicted on Exhibit 1 of the Ordinance With the following change on Page 2, Section 1 after the words structure of grounds add "or construction/erection of signage", this ordinance will take effect upon passage, seconded by Mrs Worth Motion for an amendment by Mrs Shaver to add the word "new" before construction, seconded by Mrs Worth, carried 8-0 Motion by Ms. Figlus for an amendment to Section 1 to read as follows "The City Council hereby declares and imposes a moratorium upon (1) the acceptance and processing of applications for building permits for new construction of principal buildings and for exterior remodeling/renovation of principal buildings and This moratorium shall not include acceptance and processing of applications for building permits for accessory buildings or structures or for routine maintenance of principal structures; seconded by Mrs Worth carried 8-0 CITY COUNCIL MINUTES September 11, 2000 Page - 3 - Motion by Mr DiTullio to amend the moratorium map to remove the area abounded by 48th Street to the Wheat Ridge boundary and from Ward Road to the cemetery (this is the area that Mr Forman had described to Council), seconded by Mr Mancinelli tied 4-4 with Councilmembers Edwards, Siler, Shaver and Worth voting no, Mayor broke the tie by voting yes, Motion carried 5-4 Motion by Mrs. Shaver to amend the moratorium map to include the corner of 32nd and Wadsworth, the southwest corner; seconded by Mrs Worth carried 5-3 with Councilmembers DiTullio, Hanley, and Mancinelli voting no Original Motion as amended carried 5-3 with Councilmembers Figlus, Hanley, and Mancinelli voting no Item 2. Council Bill 25 - An ordinance providing for the approval of rezoning from Agricultural-Two to restricted Commercial-One for property located at 4288 Youngfield Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-00-05) (Modern Log Homes) Council Bill 29 was introduced on second reading by Mr Hanley who read the title and summary; Ordinance No 1206 was assigned by the Clerk. City Attorney, Jerry Dahl, explained that approximately fifteen of the Public Hearing notices were mailed without postage and returned to the City Mr Dahl recommended that the Public notices be re-mailed and the Public Hearing rescheduled accordingly Motion by Mr Hanley that this issue, due to problems with the notice, be rescheduled to October 9, 2000, seconded by Mr Edwards, carried 8-0 ORDINANCES ON FIRST READING Item 3. Council Bill 30 - An ordinance amending Section 26-30(T) of the Wheat Ridge Code of Laws, concerning Commercial Mobile Radio Service (CMRS) Facilities Council 30 was introduced on first reading by Mr Edwards who also read the title and summary Alan White explained the Council Bill CITY COUNCIL MINUTES September 11, 2000 Page - 4 - Motion by Mr Edwards that Council Bill 30 be approved on first reading, ordered published and the public hearing be set for Monday, September 25, 2000 at 7 00 P m in City Council Chambers, Municipal Building and if approved on second reading take effect 15 days after final publication, seconded by Mr DiTullio, carried 8-0 Item 4. Council Bill 31 - An Ordinance amending the Wheat Ridge Code of Laws pertaining to the regulation of Sexually-Oriented businesses to make exceptions for a pre-existing use Council 31 was introduced on first reading by Mr Hanley who also read the title and summary Mr DiTullio will not support this Council Bill because he does not think it is fair to amend our entire code for one business Mr Edwards agrees with Mr DiTullio Motion by Mr Hanley that Council Bill No 31, an ordinance amending the Wheat Ridge Code of Laws pertaining to the regulation of sexually-oriented businesses to make exceptions for a pre-existing use, be approved on first reading, ordered published, and set for public hearing on second reading at 7 00 P m in City Council Chambers on September 25, 2000, and if adopted, take effect fifteen days after final publication, seconded by Mrs Worth, tied 4-4, with Mr Edwards, Mr DiTullio, Mrs Shaver and Ms Worth voting no Mayor broke the tie by voting yes Motion carried 5-4 DECISIONS, RESOLUTIONS. AND MOTIONS Item 5. Contract Award to Low Bidder for Project S-02-00 - 2000 Streets, West 29th Avenue from Fenton Street to Sheridan Blvd Item 5 was introduced by Mr DiTullio, who also read the title and summary Motion by Mr DiTullio to approve Item 5 as written in the packet; seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES September 11, 2000 Page - 5 - Item 6. CONSENT AGENDA A. Approval of Expenditure Items. B Bid Award Apel-Bacher Tennis Court Resurfacing Project. C Budget Appropriations Fund 19 for Compensated Absences Consent Agenda was introduced and read by Mrs Worth Motion by Mrs Worth for approval of the Consent Agenda, seconded by Mr Siler; carried 8-0 EXECUTIVE SESSION WAS HELD. Motion by Mr DiTullio to approve a confidential, voluntary resignation agreement between the City and Valerie D Adams providing post employment compensation not to exceed the amount of $32,75000; seconded by Mr Siler; carried 8-0 Motion by Mr DiTullio to appoint Police Chief Jack Hurst as the acting City Manager effective immediately; seconded by Mr Edwards, carried 8-0 COUNCIL COMMITTEE REPORTS Jerry DiTullio - City Affairs Committee met tonight; discussion included purchase of Christmas decorations for City Hall and Rec Center from a private source, will be on the September 25 Agenda, City Affairs will now meet on the third Monday of each month at 5 30 p m., also discussed moving the Code Enforcement Officers to the Police Department; will be called Community Service Officers, this is being worked on by Mr Hurst and Mr White Vance Edwards - Public Works Advisory Committee met with consultants and is looking forward to working with them Odarka Fiqlus - Finance Committee's meeting date has been changed to September 26 at 5 30 They will have a presentation from the independent auditors for the City; they will also discuss the salary survey and parts of the budget. CITY COUNCIL MINUTES September 11,2000 CITY ATTORNEY'S MATTERS Page - 6 - Motion by Mrs. Worth that Mr Dahl immediately prepare an Ordinance to correct a deficiency in the Uniform Codes to include the penalty provision, seconded by Mr Edwards, carried 8-0 ELECTED OFFICIALS MATTERS Mayor Cerveny invited other citizens who will be having a 100th birthday to contact the City and be honored during a Council meeting She is hosting a celebration on Friday, September 29 honoring Gary Wardle for his 30 years of service to the City; the reception will be at the Rec Center from 3 30 - 6 00 Mr Edwards stated that part of the architectural standards will be a revision of the Sign Code Mayor adjourned the meeting at 10 05 P m )11 ~ tv;~dd...{., .k....tc Wanda Sang, City ~rk APPRPVED BY CITY COUNCIL ON SEPTEMBER 25, 2000 BY A VOTE OF ~ TO 0 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