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Home My WebLink About07/14/2003 .~~ CITY OF WHEAT RIDGE, COLORADO July 14. 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 Lena Rotola, and Harry Hanley Also present: Deputy City Clerk, Christa Jones, Acting City Manager, Patrick Goff; City Attorney Gerald Dahl Director of Community Development, Alan White Director of Public Works Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF June 23. 2003 Motion by Mr DiTullio for the approval of the Minutes of June 23, 2003, seconded by Mr Schneider; carried 7-0, Mr Gokey abstaining CITIZENS' RIGHT TO SPEAK Pam Anderson, 3707 Pierce Street, related her experience in being approached about signing petitions for increasing the salaries for Clerk and Treasurer She was never asked to read the petitions and was told they were a political ploy by the City Council to circumvent the 2002 election to keep the offices elected rather than appointed She has filed a protest with the Clerk's Office to have her name removed from the petitions She doesn't feel public service should be done for the money and in fact she is considering running for the Clerk's position Ron Patera, 4125 Pierce Street, former treasurer for the City of Wheat Ridge, said goodbye to Council and the citizens He has accepted a position in Utah Jacqueline Weller, 2719 West Water Avenue, member of Wheat Ridge Alliance for Political Parity, spoke against Council Bill 39-2002, regarding Psychics Raven Running Water Owl, member of Wheat Ridge Alliance for Political Parity, orated about religious freedom CITY COUNCIL MINUTES""" July 14, 2003 Page -2- APPROVAL OF AGENDA Motion by Mr DiTullio to change the Agenda that Item 8 A. would be appointment to the Board of Adjustment; 8 B would be appointments to the Wheat Ridge Foundation Board, 8 C would be Resolution rescinding and replacing Resolution 1633, Series 1997 authorizing appointment of Deputy City Treasurers seconded by Mr Schneider' carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. COUNCIL BILL 26-2003 - AN ORDINANCE AMENDING SECTION 26- 115 VARIANCESIWAIVERSITEMPORARY PERMITSIINTERPRETATIONS OF THE WHEAT RIDGE CODE OF LAWS TO ADDRESS TEMPORARY NONOPERATIVE VEHICLE PERMITS (CASE NO ZOA-03-08) Council Bill 26-2003 was introduced on second reading by Mr DiTullio, Clerk read summary and assigned Ordinance No 1298 Alan White, Director of Community Development, presented the staff report and answered questions Don Peterson, 9945 West 34th Drive, hoped that the permit would be restricted to one vehicle per time Motion by Mr DiTullio to approve Council Bill 26-2003 (Ordinance 1298), Case No ZOA-03-08, on second reading and that it take effect immediately upon adoption, seconded by Mr Schneider Motion by Mr Schneider for an amendment under Section D 5 c to read The board may approve a temporary permit for no longer than one year per application. Each and every vehicle proposed for restoration shall be considered a separate application. A single extension for up to one year for each vehicle may be granted by the Board of Adjustment through a public hearing process. Extension requests for each vehicle will require a separate application for each vehicle. No renewals beyond the one-year extension will be allowed. Seconded by Mr DiTullio, carried 7-1 with Mr Gokey voting no Mr Gokey does not feel this is well written and does not address the problem We are creating more ordinances we can't enforce Original Motion as amended carried 7-1 with Mr Gokey voting no CITY COUNCIL MINUTES"" July 14, 2003 Page -3- Item 2. COUNCIL SILL 28-2003 - AN ORDINANCE AMENDING SECTION 26- 103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE SUBMITTAL OF APPLICATIONS SUBJECT TO THE SITE DEVELOPMENT REVIEW PROCESS (CASE NO lOA-03-10) Council Bill 28-2003 was introduced on second reading by Mr Edwards, who read the title and summary; Clerk assigned Ordinance No 1299 Alan White presented the staff report. Mr DiTullio asked Mr White why this was brought forward Mr White replied there was no specific reason, other than looking forward to speed up the process Mr DiTullio asked if it would be beneficial to get approval from the owner Mr White replied that if that were the case, this Ordinance would not be necessary Motion by Mr Edwards to approve Council Bill 28-2003 (Ordinance 1299), Case No ZOA-03-10, on second reading and it take effect upon adoption seconded by Mr DiTullio Motion for an amendment by Ms Figlus under 2 to add and has received the property owner's approval; seconded by Mr Hanley; failed 2-6 with Councilmembers Figlus and Hanley voting yes Original Motion carried 6-2 with Mr Hanley and Ms Figlus voting no Item 3. COUNCIL BILL 25-2003 - AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING THE LICENSING OF SEXUALLY-ORIENTED BUSINESSES Council Bill 25-2003 was introduced on second reading by Mr DiTullio, who read the title and summary; Clerk assigned Ordinance No 1300 Mr Dahl explained that this ordinance brings us current with case law Motion by Mr DiTullio that Council Bill 25-2003 (Ordinance 1300) be approved on second reading, and that it take effect 15 days after adoption, seconded by Mrs Rotola, Carried 8-0 CITY COUNCIL MINUTES'"'" July 14, 2003 Page -4- ORDINANCES ON FIRST READING Item 4 COUNCIL BILL 27-2003 - AN ORDINANCE AMENDING PORTIONS OF CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING "FAMILY FOSTER HOMES" AND "RESIDENTIAL GROUP HOMES" (CASE NO ZOA-03-05) Council Bill 27-2003 was introduced on first reading by Mr DiTullio Motion by Mr DiTullio to approve Council Bill 27-2003 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 July 28, 2003 seconded by Mr Edwards, carried 8-0 Item 5. COUNCIL BILL 29-2003 - AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING ZONING TO PROVIDE FOR THE LOCATION OF SUBSTANCE ABUSE CLINICS WITHIN CERTAIN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS Council Bill 29-2003 was introduced on first reading by Mr Mancinelli Motion by Mr Mancinelli to approve Council Bill 29-2003 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 July 28, 2003, seconded by Mr Schneider; carried 8-0 Item 6. COUNCIL BILL 30-2003 - AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 21 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING PERMITS FOR USE OF RIGHT-OF-WAY Council Bill 30-2003 was introduced on first reading by Mr Edwards Motion by Mr Edwards to approve Council Bill 30-2003 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 July 28, 2003, seconded by Mr DiTullio, carried 8-0 Item 7 COUNCIL BILL 31-2003 - AN ORDINANCE RENAMING CHAPTER 24 "VEGETATION" AND CREATING ARTICLE III OF SAID CHAPTER OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING THE REGULATION OF WEEDS AND TALL GRASS Council Bill 31-2003 was introduced on first reading by Mr Edwards CITY COUNCIL MINUTES- July 14, 2003 Page -5- Motion by Mr Edwards to approve Council Bill 31-2003 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 July 28, 2003, and that the City Attorney be directed to draft three different amendments, one excluding Conservation Zone District zoned properties from this and two City-owned Greenbelt property' three that the City would notify the property owner and the tenant both if there is a tall grass issue seconded by Mr DiTullio, carried 7-1 with Mr Gokey voting no DECISIONS, RESOLUTIONS, AND MOTIONS Item 8 Board and Commission appointments A. Motion by Mr Schneider to appoint Don Peterson, District III, to the Board of Adjustment; term to expire March 2, 2006, seconded by Mr Mancinelli; carried 8-0 B Motion by Mr Schneider to appoint the following applicants to the Wheat Ridge Foundation Board Don Peterson, term to expire March 2, 2005 John Miks, term to expire March 2, 2006 Tom Lundy, term to expire March 2, 2007 Patricia Dwyer term to expire March 2, 2005 Donna Downing, term to expire March 2, 2006 Seconded by Mrs Rotola, carried 8-0 C Resolution 11-2003 - rescinding and replacing Resolution 1633, Series 1997, authorizing appointment of Deputy City Treasurers, was introduced and read in its entirety by Mr DiTullio Motion by Mr DiTullio for the adoption of Resolution 11-2003, seconded by Mr Edwards, carried 8-0 Item 9 CONSENT AGENDA A. Acceptance of 2002 Audit. B Approval of Incorporation Documents for the Lee and Baugh Ditch C Award of RFB-03-025 2003 Street Improvement Project. D Approval of Amendment #1, increase in scope of work to 2003 Concrete Rehabilitation Project. E. Approval of Amendment #1, increase in scope of work to 2003 Neighborhood Traffic Management Project. Consent Agenda was introduced and read by Mrs Rotola Ms Figlus asked to pull E CITY COUNCIL MINUTES'""" July 14, 2003 Page -6- Motion by Mrs Rotola for approval of the Consent Agenda A. through D seconded by Mr Edwards, carried 8-0 Motion by Ms Figlus to table E. indefinitely; seconded by Mr Hanley Motion by Mr DiTullio to approve 9 E as stated in the packet (I move to approve Amendment #1 increase scope of work to 2003 Neighborhood Traffic Management Project, #T-NTMP-01-03, in the amount of $38,170.20 I further move that an amount of $38,170.20 be transferred from Acct. No 30-303-887 to Acct. No 30-340-844 I further move that the Director of Public Works be authorized to issue change orders up to a total contract $113,259 61 I further move that all costs associated with this contract be paid from Acct. No 30-303-800-844, and that these funds be encumbered for the length of the project in accordance with Ordinance No 787 1989 Series), seconded by Mr Edwards Don Peterson asked that this item not be passed This will only landscape 200 feet of 7000 feet of roadway and it will be in six different segments We shouldn't spend this money for 200 feet. Tim Paranto, Director of Public Works, clarified the plans for this project. Motion carried 6-2 with Mr Hanley and Ms Figlus voting no Original motion as amended carried 6-2 with Mr Hanley and Ms Figlus voting no CITY ATTORNEY'S MATTERS Mr Dahl advised Council that he has a scheduling conflict and will not be present at the meeting in 2 weeks but that Carmen Beery will represent his office ELECTED OFFICIALS' MATTERS Councilmembers thanked outgoing treasurer, Ron Patera, for his service to the City and wished him well in his new position Dean Gokey thanked the owners of "Red Tango Restaurant" and "Mastertec Automotive Mechanics" for choosing Wheat Ridge to set up business They invested in this City in a big way CITY COUNCIL MINUTE~ July 14, 2003 Page -7- David Schneider read a letter from a Denver resident praising Wheat Ridge's 38th Avenue Streetscape It makes Denver look like skid row Mr Schneider explained the proposed improvements on 32nd Avenue Odarka Figlus and Harry Hanley invited citizens to participate in their City government. Jerry DiTullio reminded citizens in District I that we have an opening on the Liquor Authority They meet twice a month at 9 00 a m Please contact the City Clerk's Office Motion by Mr DiTullio that the Council President, City Manager and City Clerk develop a possible advertisement and appointment process for the City Treasurer through the November election for 2003, seconded by Ms Figlus, carried 6-2 with Mrs Rotola and Mr Gokey voting no Meeting adjourned at 9'05 p m ( ~~ \ \, ,\ Christa Jones, Depl,lty City Clerk \ APPROVED BY CITY COUNCIL ON JULY 28, 2003 BY A VOTE OF ~ to 0 (',-~:I, k/ L\ ___ David !3chn"&rder, Council President 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