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
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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
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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