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Home My WebLink About12/09/2002 CITY OF WHEAT RIDGE, COLORADO December 9. 2002 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, Odarka Figlus, and Lena Rotola. Harry Hanley was absent Also present: City Clerk, Wanda Sang City Manager, Randy Young City Attorney, Gerald Dahl, Director of Planning, Alan White, Acting Director of Public Works, Greg Knudson, staff; and interested citizens APPROVAL OF MINUTES OF November 18, 2002 Regular Meeting November 25, 2002 Special Meeting November 25, 2002 Regular Meeting Motion by Mr DiTullio for the approval of the November 18, November 25 Special Meeting and November 25 Regular Minutes, seconded by Mr Schneider; carried 7-0 CITIZENS' RIGHT TO SPEAK Mark Hall invited everybody to visit his new bank, Washington Mutual Bank, on 38th and Wadsworth Brooke Davidson, Managing Director of Housing and Family Services at Family Tree, asked that if the City was giving charitable gifts, to consider Family Tree Pete Klammer asked that the 38th Avenue walkways be fixed expediently APPROVAL OF AGENDA Motion by Mr Schneider to add Agenda Item 11 - a motion to demolish structures at 10200 West 38th Avenue, seconded by Mr Gokey; carried 7-0 CITY COUNCIL MINUTE~ December 9 2002 , Page -2- Motion by Mr Edwards that at the end of the Regular City Council Meeting we go into Executive Session for conference with the City Attorney under Charter Section 57(b)(1) and Section 24-6-4(2)(4)(b) of C R.S , specifically legal advise on specific legal questions, waiver of environmental indemnification and threatened litigation, seconded by Mrs Rotola, carried 7-0 Motion by Mr DiTullio to approve the Agenda as amended, seconded by Mr Edwards, carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 36-2002 - An Ordinance amending the Wheat Ridge Code of Laws pertaining to parking and storage of vehicles in Residential areas (Case No ZOA-02-04) Council Bill 36-2002 was introduced on second reading by Mr Schneider; Clerk assigned Ordinance No 1271 Alan White, Director of Planning, explained the differences between this new Ordinance and the previous Ordinances addressing Recreational Vehicles He also addressed Planning Commission recommendations He clarified that this Ordinance applies to Residential Zone Districts, anything that starts with R-, not Agricultural Zone Districts The following citizens spoke against the Ordinance Perry DeVere, Don Kammerzell, Leslie Owens, Art Baston, Bill Chouinard, Shirley Walker, Nancy Ward, Liz Cardenas, Kevin Craig, Polly Pinkston, Greg Squires, Don MacDougall, Marc Kahre, Jim Stevens, John McMillin, Paul Dierschow, Robert Beyl, Jeff Moellentine, Lyal Bright, Barbara Bright, Greg Lagerberg, Denver Johnson, Randy Stone, Cindy Shaw, Jim Simons, William Hedden, Brent Owens, Cindy Owens, Doug Linder, RaeAnn Flageolle, Gerald Flageolle, Kate Hartline, Tom Nielsen, Victor Olson, Janet Bradford, Daniel Lazzari, Chris Whiteman, Luis Riggiero. Their comments and concerns were The Ordinance needs to be changed to allow farmers to conduct their business in Wheat Ridge, the previous Ordinance is ridiculous and needs to be revoked in its entirety; there should be more hearings on this matter; people bought large properties so they can store their recreational vehicles in their back yard, this should go to a vote of the people this is not a covenants community; take the advice of the Planning Commission or face recall, it won't be easy to enforce this Ordinance, CITY COUNCIL MINUTES" December 9, 2002 Page -3- are we going to expend police time in enforcing this, don't rush through this, it is not a crisis and an imminent danger to Wheat Ridge leave us alone and take care of trashy places with the nuisance code, RV owners pay a lot of taxes and buy their tires and supplies in Wheat Ridge, don't spend our tax money on enforcing this The following citizens spoke in favor and support of the Ordinance and urged Council to pass it: Don Peterson, Sheila Bardwell, Ellen Rollins, and Jay Rollins Their comments included We want to have a nice rural community and respect each others property' property values need to increase we don't want a blighted community Motion by Mr Schneider to approve Council Bill 36-2002 (Ordinance 1271) Case No ZOA-02-04 on second reading, seconded by Mr Gokey Motion by Mr DiTullio to amend to delete Sections 1 2 and 7 and by renumbering the remaining Sections accordingly; seconded by Ms Figlus, failed 2-5 with Mr DiTullio and Ms Figlus voting yes Motion by Mr DiTullio to amend by incorporating the Planning Commission recommendations listed on the fax dated December 9, 2002, including the corrections Mr White made, seconded by Ms Figlus, failed 2-5 with Councilmembers Figlus and DiTullio voting yes Motion by Ms Figlus to refer this Item to the January Study Session, seconded by Mr DiTullio, failed 2-5 with Mr DiTullio and Ms Figlus voting yes Vote on original motion carried 6-1 with Ms Figlus voting no Ms Figlus agreed with a member of the audience that this Ordinance is less bad than the last one, but bad is bad and she will not support it. Item 2. Council Bill 35-2002 - repealing and reenacting Chapter 22 of the Code of Laws of the City of Wheat Ridge concerning Taxation, moving certain sections of chapter 22 concerning the licensing of Peddlers Solicitors and Nonresident vendors to Chapter 11, and eliminating the requirement that canvassers obtain a license Council Bill 35-2002 was introduced on second reading by Ms Figlus, who also read the title and summary Clerk assigned Ordinance No 1272 City Treasurer, Ron Patera, explained that this makes some of the language a little more user friendly and when there are references to the Colorado Revised Statutes they are correct. This has no impact on tax policy CITY COUNCIL MINUTES' December 9, 2002 Page -4- Motion by Ms Figlus to approve Council Bill 35-2002 (Ordinance 1272) and that it take effect 15 days after final publication, seconded by Mr Edwards, carried 7-0 Item 3 Public Hearing on Resolution 32-2002 - repealing and reenacting the City Budget and appropriating sums of money to the various funds and spending agencies in the amounts specified in the Resolution Resolution 32-2002 was introduced by Mr Schneider who also read the title and summary The following speakers commented on Resolution 32-2002 Charlotte Whetsel, tour guide at the Wheat Ridge History Museum was saddened to read that the museum has been eliminated from the budget. Don Peterson addressed the improvement of the walkway along 38th Avenue between Kipling and Youngfield and some type of reflector post to protect the kids that walk along 38th Avenue, he asked that Council budget money to make plans for the parks at the Einarsen property and Kendall Street. Louise Turner asked that next year copies of the budget be made available to the public, without the binders, pictures, and dividers She was concerned about lay-offs, cutting out crossing guards and the cuts to the Historical Park; she agreed with Mr Peterson's request for the walkway She questioned the necessity for the Harlan Street project. She suggested a moratorium on street scaping, dissolve Urban Renewal, hold public hearings on all Capital Projects, stop the massive re-writing of sections of the City Code, discontinue the 2 committee system for Councilmembers, let Code Enforcement be realistic; start being business friendly Claudia Worth stated that nobody in the City should lose their jobs, especially the low people on the Totem Pole, while higher-ups are getting raises, she doesn't think Council went through the budget like they used to she encouraged that at least one or two representatives go to CML, this is a learning opportunity; add that money back into the budget; she asked that Charlotte Whetsel's job remain for 1 more year; postpone the budget and rethink the positions and tighten your belt. Robert McGhee can't understand why we spent 6 Million Dollars on Capital Improvement; he questioned some of the individual projects, why was the economic development program cut; he also questioned increases in spending in various departments that had gone over budget; didn't Council see this budget shortfall coming? CITY COUNCIL MINUTEs' December 9, 2002 Page -5- Jerry DiTullio made a statement that he has been advised by the City Attorney that he should disclose that he has a family member who is an employee of the City He makes this disclosure as required by Charter Section 3 14 He asked the City Attorney to comment on the need for this disclosure Mr Dahl explained that Charter Section 3 14 requires disclosure if a Councilmember feels that they may have a financial interest in a matter pending in front of the Council Once the disclosure is made, it is up to Council to take any action it deems necessary In his opinion, Mr DiTullio has satisfied the Charter required by disclosing this Roger Loecher questioned doing away with the full time staff for Economic Development; we are sending a wrong message to developers Motion by Mr Schneider to suspend the Rules and go past 11 00 pm, seconded by Mr Edwards, carried 5-2 with Councilmembers Figlus and Gokey voting no Motion by Mr Schneider to adopt Resolution 32-2002 seconded by Mr Mancinelli Motion by Mr Schneider for an amendment that $50,000 be taken out of the drainage improvement projects fund, $50,000 be taken out of the infill curb, gutter, and sidewalk project, and $50 000 be removed from the Neighborhood Traffic Management project; the total amount of $150,000 be moved to the 2003 budget and be used for 38th Avenue walkway between Kipling and Youngfield, seconded by Ms Figlus Motion by Ms. Figlus to amend the amendment instead of shifting the funds as stated by Mr Schneider, to substitute the shifting of $40,000 from the landscaping project on 32nd Avenue from Allison to Yarrow to increasing pedestrian safety for the pathways on 38th Avenue from Kipling to Youngfield, seconded by Mr Schneider; failed 1-6 with Ms Figlus voting yes Mr Schneider's amendment failed 2-5 with Mr Schneider and Ms Figlus voting yes Motion by Ms Figlus to amend the budget to re-institute the Crossing Guards, seconded by Mr Schneider' failed 3-4 with Councilmembers Gokey, Schneider, and Figlus voting yes Motion by Mr Schneider to amend the budget to move the Master Plan for the Einarsen property into 2003 and to put the appropriate amount of money in the budget (around $25,000), seconded by Ms Figlus, failed 3-4 with Councilmembers Figlus, Schneider and DiTullio voting yes CITY COUNCIL MINUTE", December 9, 2002 Page -6- Motion by Ms Figlus to amend the budget and re-institute the Economic Development Department. Motion died for lack of second Mr Young explained that the current budget crisis is not attributable to the economic downturn, but the fact that for a number of years the City has been spending more in expenditures than what we bring in in revenues We have tapped into our reserve fund to offset that deficit. We are getting to a point when there will be no deficit to tap into We need to cut another million dollars out of the budget to achieve a balanced budget. He explained that the major brunt of economic development will fall on the City Manager's Office and other departments will also participate We are trying to increase the revenue base and get the expenditures down to a manageable level Original Motion carried 6-1 with Ms Figlus voting no ORDINANCES ON FIRST READING Item 4 Council Bill 37-2002 - amending Section 26-222 Streetscape Overlay District (SO) of the Code of Laws of the City of Wheat Ridge (Case No ZOA-02-07) Council Bill 37-2002 was introduced on first reading by Mr Edwards, who also read the title and summary Motion by Mr Edwards that Council Bill 37-2002 be approved on first reading, ordered published, and set for public hearing and consideration on second reading at 7 00 P m in City Council Chambers on January 13, 2003 and if approved on second reading, take effect immediately upon passage, seconded by Mr Mancinelli, carried 7-0 Item 5. Council Bill 38-2002 - amending Section 26-204 of the Wheat Ridge Code of Laws concerning the Zone District Use Schedule to address Body Art Establishments in the Commercial and Industrial Zone Districts (Case No ZOA-02-06) Council Bill 38-2002 was introduced on first reading by Mr Edwards, who also read the title and summary Motion by Mr Edwards that Council Bill 38-2002 be approved on first reading, ordered published, and set for public hearing and consideration on second reading at 7 00 P m in City Council Chambers on January 13, 2003 and if approved on second reading, take effect immediately upon passage, seconded by Mrs Rotola, carried 7-0 CITY COUNCIL MINUTEs- December 9, 2002 Page -7- Item 6 Council Sill 39-2002 - amending Section 26-204 of the Wheat Ridge Code of Laws concerning the Zone District Use Schedule to include Psychic Advisors and similar uses in the Commercial and Industrial Zone Districts (Case No ZOA-02-6) Council Bill 39-2002 was introduced on first reading by Mr Edwards who also read the title and summary Motion by Mr Edwards that Council Bill 39-2002 be approved on first reading ordered published, and set for public hearing and consideration on second reading at 7 00 P m in City Council Chambers on January 13, 2003 and if approved on second reading, take effect immediately upon passage, seconded by Mr Mancinelli, carried 7-0 Dianne Fresquez and LeAnna Green were concerned about the process for getting a special permit for their business and some of the wording in the Ordinance Item 7 Council Bill 40-2002 - amending Section 26-204 of the Wheat Ridge Code of Laws concerning the Zone District Use Schedule to address Pawn Shops in the Commercial Zone Districts (Case No ZOA-02-06) Council Bill 40-2002 was introduced on first reading by Mr Edwards who also read the title and summary Motion by Mr Edwards that Council Bill 40-2002 be approved on first reading, ordered published, and set for public hearing and consideration on second reading at 7 00 P m in City Council Chambers on January 13, 2003 and if approved on second reading, take effect immediately upon passage seconded by Mr Mancinelli, carried 7-0 David Fein, attorney representing EZ Pawn, was perplexed about any further restrictions on Pawn Shops He was also confused as to what zoning district the pawn shops are in DECISIONS, RESOLUTIONS, AND MOTIONS Item 8. Resolution 33-2002 - closing the Recreation Center Construction Fund Resolution 33-2002 was introduced by Mr DiTullio Motion by Mr DiTullio to approve Resolution 33-2002, seconded by Mr Edwards, carried 7-0 CITY COUNCIL MINUTES December 9, 2002 Page -8- Item 9. Resolution 34-2002 - levying General Property Taxes for the Year of 2002, to help defray the cost of government for the City of Wheat Ridge, Colorado, for the 2003 Budget Year Resolution 34-2002 was introduced by Mr DiTullio Motion by Mr DiTullio to approve Resolution 34-2002, seconded by Mr Edwards, carried 7-0 Item 10. Motion by Mr Gokey to approve the right-of-way dedication per quit claim for 6015 West 40th Avenue seconded by Mr Mancinelli carried 7-0 Demolition of Structures at 10200 West 38th Avenue Item 11 Motion by Mr Schneider to demolish structures at 10200 West 38th Avenue for a cost not to exceed $10,000 and further to amend the 2002 budget to transfer funds from the fund balance in the amount of $10 000 to the appropriate line item account; seconded by Mrs Rotola, carried 7-0 ELECTED OFFICIALS' MATTERS Motion by Mr Mancinelli to discuss the Hotel/Motel Tax, specifically the 40% portion that deals with re-development, and the 60% portion to make clear where that money goes, at the February Study Session, seconded by Ms Figlus, carried 7-0 Motion by Mr Schneider to hold a discussion on the RV Ordinance early in 2003 seconded by Mrs Rotola, carried 5-2 with Mr Gokey and Mr DiTullio voting no EXECUTIVE SESSION WAS HELD Motion by Ms. Figlus to direct the City Attorney to require the customary environmental contamination indemnification from the seller as a condition of purchase of Parcel B of the Denning Property; seconded by Mrs Rotola, carried 7-0 Meeting adjourned at 1 25 a m I )1 . j /\ '" td. if 1. '/::)( ..<" Wanda Sang, City Clerk APP~e>VED BY CITY COUNCIL ON January 13, 2003 BY A VOTE OF ~ to ~ / I /:/ \ / ,/'. /."-{i '/ 11/ J- . ________ Da.ili ~hn;iMi',' Council President The prece8ing 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