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HomeMy WebLinkAbout03/26/2001 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building March 26, 2001 The Regular City Council Meeting was called to order by Mayor pro tem, Ken Siler at 7 00 P m Councilmembers present: Jerry DiTullio, Vance Edwards, Odarka Figlus Ralph Mancinelli, Janelle Shaver, and Claudia Worth Harry Hanley was absent due to illness Also present: City Clerk, Wanda Sang, Acting City Manager, Bob Goebel, City Attorney Gerald Dahl, Director of Planning, Alan White, staff; and interested citizens PROCLAMATIONS AND CEREMONIES Council President, Jerry DiTullio, stated that on Friday night during the Boards and Commissions Dinner Janelle Shaver had received her 5-year pin, Claudia Worth her 15-year pin, he read a proclamation for Ken Siler and his 10 years of service and presented him a 10- year pin CITIZENS' RIGHT TO SPEAK There was no one present to speak. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 05-2001 - An Ordinance providing for the approval of a Special Use Permit to allow the co-location of CMRS Antennas on an existing tower in a Residential-Two Zone District on property located at 7500 West 29th Avenue, City of Wheat Ridge County of Jefferson State of Colorado (Case No SUP-00-03) (Qwest Wireless) Council Bill 05-2001 was introduced on second reading by Mr DiTullio, who also read the title and summary; Clerk assigned Ordinance No 1218 Brad Johnson, representing Qwest Wireless was sworn in by the Mayor pro tem gave presentation and asked for approval for the Special Use Permit. CITY COUNCIL MINUTES March 26, 2001 Page - 2 - Meredith Reckert was sworn in and presented the staff report. She stated that they had received a phone call from an absentee owner, who owns property at 7275 West 29th Avenue expressing her opposition to the application Staff recommends approval Carol King Calkins, 7345 West 28th Avenue was sworn in by the Mayor pro tem She stated that she came to the Planning Commission meeting and asked regarding emissions from the tower; somebody from Qwest came to her house and did some testing, but she hasn't gotten the written results back, which makes her somewhat uncomfortable She wants a baseline, so it can be re-checked in the future She is not necessarily opposing this, but wants to make sure that if there is exposure, will there be action taken Alan Bungo, engineer for Qwest, was sworn in, he had the written copy of what Mrs Calkins requested Susan Myers, was sworn in and explained results of the test. Motion by Mr DiTullio to approve Council Bill 05-2001 (Ordinance 1218) for the following reasons 1 The addition of additional panels will not create visual impacts or other significant effects on the neighborhood not already created with the construction of the original tower 2. The co-location appears to be a better solution to improving coverage in this area than construction another freestanding tower in the vicinity With the following condition 1 Approval of the special use permit shall be contingent upon the preparation of a structural analysis prepared by a qualified engineer that confirms additional capacity on the tower will still be available to the City with the addition of the facilities and tower reinforcements proposed by Qwest Wireless If the remaining capacity on the tower is not at least 15% with the additional facilities and reinforcements, the special use permit request shall be considered denied seconded by Mr Edwards, carried 7-0 Motion by Mr DiTullio to authorize the Mayor to execute the lease agreement with Qwest Wireless which sets out the terms and conditions of co-locating CMRS equipment on the City's tower at the Municipal Building, seconded by Mr Edwards carried 7-0 CITY COUNCIL MINUTES March 26, 2001 Page - 3 - Item 2. Public Hearing on Resolution 03-2001 - application by the City of Wheat Ridge to amend the Comprehensive Plan by repealing the Kipling Activity Center and Fruitdale Valley Master Plans These plans have been superceded by the new Comprehensive Plan Resolution 03-2001 was introduced by Mrs Worth who also read the title and summary Alan White was sworn in by the Mayor pro tem and gave staff presentation Motion by Mrs Worth to approve Resolution 03-2001, seconded by Ms Figlus, carried 7-0 ORDINANCES ON FIRST READING Item 3. 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 07-2001 was introduced on first reading by Mr DiTullio, who also read the title and summary Motion by Mr DiTullio that Council Bill 07-2001 be approved on first reading ordered published, public hearing be set for Monday, April 23, 2001 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 Edwards Motion by Mr Edwards for an amendment that a Section 15-28 Trees and Shrubs be added as presented in the packet; seconded by Mr DiTullio, carried 7-0 Motion by Mrs Worth for an amendment under Section 15-8 Abatement (a) the words three days be changed to seven days; seconded by Ms Figlus, carried 4-3 with Councilmembers Edwards, DiTullio, and Mancinelli voting no Motion by Mr Edwards to amend 15-8 Abatement (b) (2) to add the words first class or certified mail, seconded by Mr DiTullio, carried 5-2 with Ms Figlus and Mrs Worth voting no Vote on original motion as amended carried 4-3 with Councilmembers Figlus, Worth and Shaver voting no CITY COUNCIL MINUTES March 26, 2001 Page - 4 - Item 4. 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 08-2001 was introduced on first reading by Mr Mancinelli who also read the title and summary Motion by Mr Mancinelli that Council Bill 08-2001 be approved on first reading, ordered published, public hearing be set for Monday, April 23, 2001 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 Edwards, carried 4-3 with Councilmembers Shaver, Worth and Figlus voting no DECISIONS. RESOLUTIONS, AND MOTIONS Item 5. CONSENT AGENDA. A. Motion to approve the Right-of-Way Use Agreement between the City of Wheat Ridge and Metricom B Motion to request an additional $43,898 from Jefferson County for the Wheat Ridge Housing Authority from the Jefferson County CDBG funds C Motion that staff apply for a COPS in School 2001 grant and complete a Memorandum of Understanding with the Jefferson County School District. Consent Agenda was introduced and read by Mrs Worth Mr Mancinelli pulled C Mrs Worth pulled A. Ms Figlus pulled B Tom Petroski from Metricom explained that the purpose of this agreement was not for people to be using the equipment while driving, but to be able to take it from one location to another A. Motion by Mrs Worth to approve the Right-of-Way Use Agreement between the City of Wheat Ridge and Metricom permitting radio transmission equipment to be attached to approximately 60 street lights within the city's Right-of-Way; seconded by Mr Edwards carried 7-0 CITY COUNCIL MINUTES March 26, 2001 Page - 5 - Ms Figlus questioned what the $43 898 would be used for Ann Pitinga explained that there were clear guidelines regarding CDBG money and would have to be spent for a CDBG purpose, which at this time had not been determined B Motion by Ms Figlus to request from Jefferson County an additional $43 898 for the Wheat Ridge Housing Authority from the Jefferson County CDBG funds seconded by Mr DiTullio, carried 7-0 Mr Mancinelli will not support Item C because we just went through a very bad budget process and instead of adding 6 employees, only added 2 He feels this is very premature to be adding 3 people right now Ms Pitinga explained that the cost for 3 additional officers would be almost nothing to the City for 3 years, after that, we would be expected to fund them Joe Cassa, interim Police Chief, was present to answer questions Mr DiTullio also will not support this because of our budget problems. Mrs Worth feels this is a very important item because the officers will be used in Grade Schools, which is a very impressionable age and will be a great benefit and we should go through with it. Mr Edwards also feels it is a good thing, but he cannot support this because of our budget 3 years in the future and we would pre-allocate 3 positions There is also an additional start-up cost of $47,800, which has to be taken into consideration C Motion by Mr Mancinelli to deny C , seconded by Mr Edwards, carried 4-3 with Councilmembers Worth, Siler, and Figlus voting no COUNCIL COMMITTEE REPORTS Ken Siler - City Affairs Committee - recommends to Council that City Affairs be designated to review the City Charter for duties of the Mayor Council President, City Council, City Clerk, City Treasurer, and appropriate topics for Executive Sessions and bring recommendations back to City Council They also discussed setbacks proposed by United Neighborhoods and that will be sent to Planning Commission Vance Edwards - Public Works Advisory Committee - met with focus group last week, received an initial draft of the streetscape and architectural design manual, staff and consultants have been busily working away on technical amendments to that; they will have their fifth and final public forum to review that document and to get a general overview of the entire project and the potential test project. Mr DiTullio stated that the City Council met Saturday and Sunday and interviewed six candidates for the City Manager position Council agreed to bring candidates back for a second informal interview CITY COUNCIL MINUTES March 26, 2001 Page - 6 - This will tentatively take place on March 31 at the Richards-Hart Estate, it looks like two candidates will be available for that informal interview The two candidates coming will be David Niemeyer and Scott Staples The third candidate won't be able to come for two weeks ELECTED OFFICIALS MATTERS All Councilmembers invited their constituents to the first Monday meetings Janelle Shaver congratulated Jennifer Michael, who is a runner, and a graduate of Wheat Ridge High School, she won the NCAA Division Two Championship for the mile and also is a steeplechase runner She suggested that the Mayor set up some type of recognition for this deserving athlete Claudia Worth stated we have another athlete in the City Briana Locher who is a championship swimmer She suggested that Briana be included in any type of recognition that the Mayor will set up Jerry DiTullio thanked Barb Delgadillo for the all work behind the scenes she did for the Boards and Commissions dinner and the City Manager interviews and again for the upcoming interviews He also thanked the past and present Board members for all the hard work they do for free Odarka Figlus stated that it is important to make citizens feel they have had a full opportunity to speak when they come before Council under Public Comment. Vance Edwards also thanked Barb Delgadillo and noted we have three finalists for City Manager and every one of them would be outstanding Mayor pro tem adjour ' d the meeting at 8 40 P m Ii.- L - Wanda Sang, City Clerk -~'J APPR VED BY CI COUNCIL ON APRIL 9, 2001 BY A VOTE OF ~ TO ~ j{lt 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