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HomeMy WebLinkAbout01/13/2003 CITY OF WHEAT RIDGE, COLORADO January 13, 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, Odarka Figlus (arrived at 7 04 pm) Lena Rotola and Harry Hanley Also present: City Clerk, Wanda Sang City Manager, Randy Young City Attorney Gerald Dahl, Director of Planning, Alan White, Director of Public Works, Tim Paranto, staff" and interested citizens APPROVAL OF MINUTES OF December 9,2002 Motion by Mr DiTullio for the approval of the Minutes of December 9 2002 seconded by Mr Schneider; carried 6-0 with Mr Hanley abstaining PROCLAMATIONS AND CEREMONIES Mayor Cerveny presented a Proclamation for Metro Mayors and Commissioners Youth Awards for Ryan McLaughlin and Richard Whitcomb. CITIZENS' RIGHT TO SPEAK Robert Hardy, 4510 Zephyr Street, is upset about Wheat Ridge cutting the funding for school crossing guards from the budget. Robert Wallace, owns property at 3749 Sheridan Blvd, which is involved in the Urban Renewal Project. He is worried about possibly losing his property to eminent domain and wants all the citizens to know what's going on Derrick Aumiller, 4578 Everett Ct., asked questions regarding the cutting of crossing guards from the budget. Pete Klammer 3200 Routt Street, addressed differences of opinion with his Council representative in the form of a poem APPROVAL OF AGENDA Motion by Mr Edwards to pull Item 4 seconded by Mr DiTullio carried 6-2 with Mr Hanley and Ms Figlus voting no -- CITY COUNCIL MINUTES- January 13, 2003 Page -2- Motion by Mr Edwards to approve the Agenda as amended, seconded by Mr DiTullio, carried 7-1 with Mr Hanley voting no PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Application for approval of a three-lot minor subdivision on R-3 zoned property located at 11641 and 11661 West 44th Avenue and 4455 Simms Street. (Case No MS-02-06) (Fightmaster) Case No MS-02-06 was introduced by Mrs Rotola who also read the summary Meredith Reckert, Community Development Department, was sworn in by the Mayor and presented the staff report. Applicant, Herb Fightmaster, was present but did not speak, he agreed with the staff report. Motion by Mrs Rotola to approve Case No MS-02-06 for the following reasons 1 All minimum requirements of the R-3 development standards have been met. 2 All minimum requirements of the Subdivision Regulations have been met. With the following conditions 1 A signature block for the Chairman of the Planning Commission be added to the drawing 2 At the time of building permit, the developer of Lot 3 contribute cash in lieu of land dedication for parks and recreation purposes, seconded by Mr Mancinelli, carried 8-0 Item 2. Council Bill 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 second reading by Mr Edwards, Clerk assigned Ordinance No 1273 Alan White, Community Development Department, presented the staff report and explained the purpose and procedure for Special Uses He stated that a change had been made to the Council Bill not to include licensed or registered psychotherapists as defined by State Statute CITY COUNCIL MINUTES- January 13, 2003 Page -3- The following speakers spoke against the Ordinance Reverend Dr Gary Fearn, representing the Universal Life Church, was concerned that it would affect counseling in his church Mr Edwards quoted a memo from Mr Dahl that would exclude advisors of recognized religious denominations or sects from this ordinance Dr Fearn also asked what the fee for the Special Use would be answer was that it is currently $800 00 Keith Langley Donna Hammer Gary Van Houten Betty Stephens Kara Paxton Mr DiTullio attempted to answer some of the questions posed by the speakers Mayor Cerveny stated that the questions were to be asked after the speakers were finished Motion by Mr DiTullio to override the chair and let Councilmembers answer. seconded by Mr Edwards, carried 5-3 with Councilmembers Mancinelli, Gokey, and Rotola voting no Mr DiTullio explained that there was no intent to move businesses, that are currently operating, out of their location This Ordinance merely states that when a tattoo parlor or a palm reader that wants to relocate to the City of Wheat Ridge, that location is posted and the neighbors have a chance to go to City Councilor Planning Commission and can state they want this business in their neighborhood or not. Other businesses are treated the same way Nobody is trying to outlaw these businesses in Wheat Ridge Just as the speakers present enjoy their right to public comment, neighbors have the same right and privilege Wheat Ridge is a hodge-podge of zoning with residential butting up to commercial and neighbors should have a right to speak their mind Nicole von Griffyn Mary Reeves Susan Heckman Mark Johnson Filomena Josey Katherine Webster Steve Roberts Audrey Zawadzkie Jacqueline Weller Carrie Garber CITY COUNCIL MINUTES January 13, 2003 Page -4- Kathy Hovis Diane Fresquez LeaAnna Green Paulie Rainbow Janine Nacimento Amber Rae Robert McGhee Their comments included Questioning if the City was going to differentiate between various faiths, their so called psychic advisors are no different than priests or rabbis to other religions, to treat them different, is discrimination, these are revenue generating businesses, this Ordinance is a blatant violation of freedom of religion and freedom of speech, if the Ordinance is passed, the ACLU will be contacted and this will be fought all the way to the Supreme Court, if necessary; the wording of the ordinance is vague and ambiguous, let every business be subject to the same terms if there is an unethical business, go after that one, don't go after all of them, it undermines our free enterprise system, the 800 dollar fee is unreasonable, as well as the 8 months process at least one business will cancel their plans of relocating to Wheat Ridge, people aren't in this for the money, it is a calling Daniel Bybee spoke in favor of the Ordinance, he disputed that these are religions, if they were, they would be protected There is nothing wrong with what Council is trying to do If you have a legitimate business, people will come to you wherever you are Motion by Mr Gokey to suspend the Rules for speaking on this item and not hold Council to their time limit; seconded by Mr Mancinelli, failed 4-4 with Councilmembers Mancinelli, Gokey, Edwards and Rotola voting yes (This needed 6 votes to pass) Motion by Mr Edwards to approve Council Bill 39-2002 (Ordinance 1273), Case No ZOA-02-06, on second reading, with the following amendments Section 1 The sentence under Psychic Advisor "A person involved in advisement of personal situations relating to the past, present or future" be deleted Section 1, amend the end of the second sentence as follows not to include licensed or registered psychotherapists as defined by State Statute seconded by Mr DiTullio, carried 6-2 with Mr Hanley and Ms Figlus voting no Mr Hanley cannot support this Ordinance because he cannot see that there is a need for it. The people against it, spoke very clearly and eloquently why this should not be passed and there was nobody presenting a case for why it must happen because the community is threatened CITY COUNCIL MINUTES- January 13, 2003 Page -5- Item 3. 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 second reading by Mr Edwards, Clerk assigned Ordinance No 1274 Alan White presented the staff report. John Slaughter, owner of Tribe Tattoo, stated that his is the only Tattoo Parlor in Wheat Ridge at this time, and asked if he had to relocate within Wheat Ridge, he would be allowed to do so without a Special Use Permit. Mr White replied that he is grandfathered in at his current location only Mr Slaughter asked that the Ordinance be changed to allow him to relocate if necessary, since he is the only business of that type in Wheat Ridge Motion by Mr Edwards to approve Council Bill 38-2002 (Ordinance 1274) Case No ZOA-02-06 on second reading, with the following amendment that in Section 3 after the first sentence, strike the period after continue, and add 'without the need for a Special Use Permit, at the location of such use as of January 13, 2003 or an alternate location within the City, in conformance with all other applicable requirements of the Wheat Ridge Code of Laws"; seconded by Mr DiTullio Motion by Ms Figlus to amend the Ordinance to read that these uses be permitted in the C-1, C-2, and Industrial Zone Districts with the requirement of 1500 ft separation between establishments and any existing use would be grandfathered as specified in the original motion, seconded by Mr Hanley; failed 2-6 with Mr Hanley and Ms Figlus voting no Original Motion carried 6-2 with Councilmembers Hanley and Figlus voting no Mr Hanley feels we have enough laws already and this is just creating confusion in our society Item 5 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 second reading by Mr Edwards, Clerk assigned Ordinance No 1275 CITY COUNCIL MINUTES January 13, 2003 Page -6- Motion by Mr Edwards to approve Council Bill 37-2002 (Ordinance 1275), Case No ZOA-02-07, on second reading for the following reasons 1 A raised ceiling for application of the standards for installation of streetscape improvements facilitate the expansion or improvement of small businesses 2 There is currently no definition as to what "cost of improvement" includes, seconded by Mrs Rotola, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 Motion by Mr Schneider to reschedule the January 20 Study Session which falls on Martin Luther King Day, to Tuesday, January 21, and the February 17 Study Session, which falls on Presidents Day to February 18,2003 seconded by Mrs Rotola, carried 7-1 with Mr Gokey voting no Item 7 2003 Fleet Replacement; purchase of 3 Police Patrol Sedans Motion by Mr DiTullio to approve the purchase of 3 marked Ford Crown Victoria Police Interceptor sedans for the Police Department Patrol Division based on the State of Colorado Price agreement #07006YYY06M from Lakewood Fordland in the amount of $61,542 for the cost of the vehicles and $8,458 miscellaneous costs for equipping the vehicles for a total cost not to exceed $70 000, seconded by Mr Edwards, carried 6-2 with Mr Gokey and Mr Hanley voting no Mr Gokey will not support this because we need to start trading in our community We have a Ford dealership that is in our community Item 8 Appointments to the Wheat Ride Cultural Commissions Motion by Mr Schneider that the requirement of an interview be waived for the applicants being considered for the appointments to the Wheat Ridge Cultural Commission in light of the fact that there are fewer applicants than the number of appointments to be made, seconded by Mr Mancinelli, carried 8-0 Motion by Mr DiTullio that Ronald Gehauf, District I, be appointed as member of the Wheat Ridge Cultural Commission as adopted by Council Bill 28-2003, Ordinance No 1263, seconded by Mr Edwards, carried 8-0 Motion by Mr Schneider that Donna Downing, District II, Virginia Johnson, Charles Jorgenson, Sharon Couturier, all District 11/, Calvin Johnson, District IV, and Geoffrey Wodell* (*Manager's appointee) at large, be appointed as members of the Wheat Ridge Cultural Commission as adopted by Council Bill 28-2003 Ordinance No 1263, seconded by Mr Edwards carried 8-0 .--- CITY COUNCIL MINUTES"'" January 13, 2003 Page -7- Motion by Mr Edwards to override the Rules and finish the rest of the Agenda, seconded by Mr Schneider; carried 6-2 with Mr DiTullio and Mr Gokey voting no Item 9 Resolution 01-2003 - amending the fiscal year 2002 Open Space Budget to reflect the approval of a supplemental budget appropriation (Phase II and III of the Creekside Park Project) Resolution 01-2003 was introduced by Mr Mancinelli who also read the summary Motion by Mr Mancinelli to approve a supplemental budget appropriation from Fund 32 Open Space unallocated reserve in the amount of $180,500 to be transferred to Acct. No 32-601-800-862 seconded by Mr Schneider. carried 8-0 CITY MANAGER'S MATTERS Consensus was 6 in favor to follow the City Manager's recommendation to hold a series of public workshops regarding Ordinance 1271 Recreational Vehicle Parking, that this be addressed on our website, as well as Channel 8, and to start the workshops when the Snowbirds return to Wheat Ridge He also encouraged people to call the City and get on a mailing list to be informed of the workshops CITY ATTORNEY'S MATTERS Mr Dahl updated Council on the outcome of the Northglenn Sex Offender Ordinance, it has been overturned by the Colorado Supreme Court. He will submit details in writing ELECTED OFFICIALS' MATTERS Mayor Cerveny reported that she received a phone call from Congressman Bob Beauprez; he has been appointed to the Transportation Committee und the Small Business and Veterans Affairs Committee, he has an office in Wheat Ridge at 4251 Kipling Street, Suite 370 Telephone 303-940-5821 She encouraged citizens to apply for Board and Commission openings Motion by Mr DiTullio that a discussion be added to the February 19 Study Session, which will examine room rental park shelter, and park pavilion tax, that fiscal analysis of the tax and options for Council to consider regarding the tax; seconded by Mr Hanley. carried 8-0 Motion by Mr DiTullio that the City Affairs Committee would meet on the February Study Session at 600 P m. to get organized, seconded by Ms Figlus carried 5-3 with Councilmembers Schneider, Gokey, and Mancinelli voting no CITY COUNCIL MINUTES~ January 13, 2003 Page -8- Mr Edwards asked for consensus that Mr Young meet with Mr Dahl and Mr White and review our Special Use process time table and see if there is anything we can do to streamline that. Consensus was 7 in favor Tim Paranto, new Director of Public Works, introduced himself to the citizens of Wheat Ridge Mr Gokey asked for consensus that Mr Young and Mrs Manwaring and the Arts Council pursue the idea of putting a piece of art in the new Creekside Park, which would reflect the history of the area, namely ferrying carts across the creek. Consensus was 7 in favor Mr Mancinelli thanked the Mile High Youth Corps under the leadership of Margaret Paget, for removing fuel load along the Greenbelt. He stated that during a recent meeting regarding CDBG funds, the Jefferson County Housing Authority showered Wheat Ridge with praise for the 38th Avenue Streetscape project and Edgewater is taking a close look at it to perhaps do something similar He was sorry that the people mainly responsible for the streetscaping were not present to receive the accolades He thanked Mr Edwards for all the work he put in for the streetscaping Ms Figlus asked for consensus that we ask for public input in advance of writing the Ordinance for Possession of Graffiti Materials by Minors Consensus failed 3 - 5 Meeting adjourned at 11 30 P m .1:""; J j" L l .t.... L ~ \ '- , , Wanda Sang, City~rk The preceding Minutes were prepared according to ('}47 of Robert's Rules of Order Ie 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