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Home My WebLink About05/27/2003 CITY OF WHEAT RIDGE, COLORADO May 27, 2003 The Regular City Council Meeting was called to order by Mayor pro tem, Vance Edwards, at 7 00 P m Councilmembers present: Jerry DiTullio, Vance Edwards, Dean Gokey, Ralph Mancinelli, David Schneider, Odarka Figlus, and Harry Hanley Lena Rotola was absent due to family obligations Mayor Cerveny was attending a Transportation Committee Meeting with Congressman, Bob Beauprez. Also present: City Clerk, Wanda Sang, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF May 12, 2003 Motion by Mr DiTullio for the approval of the Minutes of May 12, 2003, seconded by Mr Gokey; carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor pro tem Edwards read the Proclamation for Home Ownership Month - June 2003 - and presented it to Cheryl Brungardt, who represents District I on the Wheat Ridge Housing Authority CITIZENS' RIGHT TO SPEAK There was no one present to speak. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Mayor pro tem Edwards announced that Items 1 and 2 would be heard jointly Item 1. Council Bill 19-2003 - An Ordinance prescribing compensation for the Office of City Clerk. Item 2. Council Bill 20-2003 - An Ordinance prescribing compensation for the Office of City Treasurer CITY COUNCIL MINUTES""'" May 27, 2003 Page -2- Council Bills 19-2003 and 20-2003 were introduced on second reading by Mr Schneider, who also read the titles and summaries Clerk assigned Ordinance Nos 1289 and 1290 respectively John Qualteri spoke against Council Bill 19 He stated that to require additional education was a violation of Chapter 3, Section 7 of the City Charter If this bill passes, they will seek redress through our City Charter They will gather the 1,112 signatures necessary under Chapter 6, Section 2 When the required signatures are turned in to the City Clerk, this Ordinance will be in abeyance Once this happens, Council can repeal the ordinance entirely or submit it to a vote of the people He feels the same about Council Bill 20 Don Peterson, representing Wheat Ridge United Neighborhoods read a letter into the record, which asked that the salaries for both positions remain the same as they are now He also had his own statements, which were against passing the Council Bills as written Motion by Mr Schneider to approve Council Bill 19-2003 (Ordinance 1289) on second reading, seconded by Mr DiTullio and Mr Gokey Motion by Ms Figlus for an amendment in Section 1 b add the wording "or who possesses all of the qualifications for such accreditation with the exception of the 2 year membership requirement", seconded by Mr Hanley; failed 2-5 with Mr Hanley and Ms Figlus voting yes Original Motion carried 5-2 with Mr Hanley and Ms Figlus voting no Ms Figlus and Mr Hanley do not approve of lowering the salary Motion by Mr Schneider to approve Council Bill 20-2003 (Ordinance 1290) on second reading, seconded by Mr Mancinelli Motion by Ms Figlus for an amendment to Section 1 b following the words For persons who either "have been accredited as a Certified Municipal Finance Administrator by the Association of Public Treasurers United States & Canada, or who possesses all of the qualifications for such accreditation with the exception of the 2 year membership requirement" or ,seconded by Mr Hanley; carried 4-3 with Councilmembers Mancinelli, Edwards, and Schneider voting no Vote on original motion as amended carried 5-2 with Mr Hanley and Ms Figlus voting no Ms Figlus and Mr Hanley voted no because the salary is too low and will not attract qualified people Little by little only the Aristocracy will hold office CITY COUNCIL MINUTES"""" May 27, 2003 Page -3- Item 3. Council Bill 16-2003 - An Ordinance amending Section 26 of the Wheat Ridge Code of Laws pertaining to Special Uses. (Case No ZOA-03-6) Council Bill 16-2003 was introduced on second reading by Mr DiTullio, who also read the summary Clerk assigned Ordinance No 1291 Alan White, Director of Community Development, presented the staff report. Don Peterson read a letter from Wheat Ridge United Neighborhoods in opposition to the Ordinance Motion by Mr DiTullio to approve Council Bill 16-2003 (Ordinance 1291) on second reading and that it take effect immediately upon passage, seconded by Mr Mancinelli Motion by Ms Figlus for an amendment that the neighborhood meeting be reinstituted seconded by Mr Hanley; failed 2-5 with Mr Hanley and Ms Figlus voting yes Original Motion carried 7-0 Item 4 Council Bill 14-2003 - An Ordinance providing for the approval of rezoning from Agricultural-One to Planned Industrial Development and approval of an Outline Development Plan for property located at 5130 Parfet Street, City of Wheat Ridge (Case No WZ-02-12) (Dave Hoss) Council Bill 14-2003 was introduced on second reading by Mr Hanley, who also read the summary Clerk assigned Ordinance No 1292 Michael Pesicka, Community Development, was sworn in by the Chair and presented the staff report. John Durham, was sworn in by the Chair He is with the Norris Dullea Company They are representing the ownership on this application He clarified some points and was present for questions Charles Steismeyer, 4996 Parfet Street, was sworn in by the Chair and spoke in support of the application, provided that some trees are planted as promised by the applicant. CITY COUNCIL MINUTE$"""" May 27, 2003 Page -4- Alan White, Director of Community Development, w~s sworn in by the Chair and answered Mr DiTullio's questions Has the applicant met all the relevant rules and regulations of Chapter 26 with regards to this rezoning? Answer was yes Are there any outstanding issues that Council needs to know about for the future of this property that may be coming up on the Outline Plan and Final Development Plan? Answer was that the City is suggesting approval with the 3 conditions as recommended in the suggested motion Does the applicant have any questions or concerns that need to be addressed by City Council tonight? Applicant answered no Ms Figlus asked that the neighbor's question about the trees be addressed Applicant stated that all the landscaping and fencing described at the Planning Commission meeting will be shown on the Final Development Plan Motion by Mr Hanley to approve Council Bill 14-2003 (Ordinance 1292) on second reading and that it take effect 15 days after final publication for the following reasons 1 The area is transitioning toward more commercialization 2 The desirability of the property to be used for residential purposes is questionable 3 The proposal is consistent with adjacent commercial uses 4 There will be economic benefits derived from the zone change 5 The requirements for an outline development plan have been met. With the following conditions 1 That Item No 45 regarding recreational vehicle storage, be removed from the permitted list of uses 2 Buildings on lots one and two shall have building coverage not exceeding 15,000 square feet, and not exceeding 35 feet in height. 3 The Item No 1 regarding veterinary hospital with outside kennels be removed from the permitted list of uses seconded by Mr DiTullio, carried 7-0 ORDINANCES ON FIRST READING Item 5. Council Bill 23-2003 - An Ordinance providing for the approval of a zone change from Restricted-Commercial to Planned Commercial Development for property located at 6090 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-03-04) Council Bill 23-2003 was introduced on first reading by Mr Gokey, who also read the title CITY COUNCIL MINUTES""" May 27, 2003 Page -5- Motion by Mr Gokey to approve Council Bill 23-2003 on first reading, order it published, public hearing be set for Monday, June 23, 2003 at 7 00 P m in Council Chambers, and that it take effect 15 days after final publication, seconded by Mr Schneider and Mr Mancinelli, carried 7-0 Item 6 -- Council Bill 22-2003 - An Ordinance amending Ordinance 1160, Series 1999 and vacating in part an easement held by the City (Case No WV-03-02) Council Bill 22-2003 was introduced on first reading by Mr Gokey, who also read the title Motion by Mr Gokey to approve Council Bill 22-2003 on first reading, order it published, public hearing be set for Monday, June 23, 2003 at 7 00 P m in Council Chambers, and that it take effect 15 days after final publication seconded by Mr Mancinelli carried 7-0 Item 7 Council Bill 21-2003 - An Ordinance amending Section 26-803 of the Wheat Ridge Code of Laws, concerning Floodplain Control Council Bill 21-2003 was introduced on first reading by Mr DiTullio, who also read the title Motion by Mr Gokey to approve Council Bill 21-2003 on first reading, order it published, public hearing be set for Monday, June 9, 2003 at 7 00 P m in Council Chambers, and that it take effect 15 days after final publication, seconded by Mr Gokey; carried 7-0 Item 8. Council Bill 24-2003 - An Ordinance adopting by reference the 2003 Edition of the Model Traffic Code for Colorado and the Model Traffic Code Amendments previously adopted by the city; providing penalties for Model Traffic Code Violations, and making conforming amendments to the Wheat Ridge Code of Laws. Council Bill 24-2003 was introduced on first reading by Mr Mancinelli, who also read the title Motion by Mr Mancinelli to approve Council Bill 24-2003 on first reading, order it published, public hearing be set for Monday, June 9, 2003 at 700 P m in Council Chambers, and that it take effect 15 days after final publication, seconded by Mr Gokey; carried 7-0 CITY COUNCIL MINUTES"'" May 27, 2003 Page -6- DECISIONS, RESOLUTIONS, AND MOTIONS Consent Agenda Item 9 A. Resolution 10-2003 - supporting the Wadsworth Corridor Study and the US 6/SH 121 Interchange Reconstruction Feasibility Study being added to the re-authorization of the TEA-21 Legislation B Resolution 09-2003 - approving an Intergovernmental Agreement with Jefferson County for cooperative mosquito management program C Quit Claim Deed for 4501 Hoyt Street. D RFB-03-017 scheduled replacement of Panasonic Notebook Computers Consent Agenda was introduced and read by Mr DiTullio Mr Gokey asked to pull B Motion by Mr DiTullio to approve Agenda Items 9 A. CD, seconded by Mr Gokey; carried 7-0 Motion by Mr Gokey to approve B , seconded by Mr Hanley; carried 7-0 CITY ATTORNEY'S MATTERS Mr Dahl referred to his memo of May 16, 2003 contained in the Agenda Packet, which addressed the membership of the Board of Directors of the Wheat Ridge Foundation Consensus was 6 in favor to ask for interested persons to apply, as is the practice for boards and commissions ELECTED OFFICIALS' MATTERS Motion by Mr DiTullio that the City Attorney draft an ordinance regulating Methadone Clinics similar to the Psychic Reading and Tattoo Parlor Ordinance that we passed several months ago, seconded by Mr Mancinelli, carried 7-0 Mr Mancinelli read a letter from Sts Peter and Paul commending the Wheat Ridge Police Meeting adjourned at 9'00 p m ~l.,tf--~i~4n S- Wanda Sang, City Clerk UNCIL ON BY A VOTE OF -L to --D......... 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