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HomeMy WebLinkAbout05/10/2004 CITY OF WHEAT RIDGE, COLORADO Mav 10. 2004 Mayor Cerveny called the Regular City Council Meeting to order at 7 00 P m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Also present: City Clerk, Pamela Anderson 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 April 26, 2004 Motion by Mr DiTullio for the approval of the Minutes of April 26, 2004 seconded by Mrs Sang, carried 8-0 Mrs Anderson asked Council to re-vote since Mrs Rotola was absent at the April 26th Council meeting, and would need to abstain Carried 7-0 with Mrs Rotola abstaining PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the Proclamation for the 35th Annual Municipal Clerks Week - May 2 through May 8, 2004 City Clerk Pam Anderson accepted the proclamation and said that as a fledgling Clerk of 6 months she has really enjoyed the office and learned a lot. She wished to recognize the Colorado Municipal Clerks Association They are a tight-knit and knowledgeable group of professionals She also wished to thank the staff in the Clerk's Office in assisting her in her transition, and she thanked Councilor Sang, former City Clerk of 21 years for her support. CITIZENS' RIGHT TO SPEAK No citizens wished to speak under this item APPROVAL OF AGENDA as printed Item 1. Consent Aaenda. A. Approve Pedestrian Lighting Installation for the Kipling Street Pedestrian Improvements Project. Consent Agenda was introduced and read by Mrs Rotola Motion by Mrs Rotola for approval of the Consent Agenda, seconded by Mrs Sang CITY COUNCIL MINUTES May 10, 2004 Page -2- Louise Turner, 11256 West 38th Avenue, is opposed to this item She stated that she did not feel that this item should be under the Consent Agenda. She also feels disappointed that the Council is acting on what she feels is an urban improvement, and that the funds would be better spent elsewhere Motion carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Public Hearing on Street Width Designation for West 34th Place, Teller to Reed Street. Mr DiTullio introduced item 2 Pam Anderson read the executive summary and statement of the issues Tim Paranto, Director of Public Works, presented the staff report. Chris Wallner asked questions regarding the extent of the curb and sidewalk on Reed Street. He feels that if the curb were to extend up Reed Street it would damage the character of the street. Larry Merkl stated that he had no further comment because his concerns had been addressed John Brand also had questions about the extent of the sidewalks and curbs Mr Paranto answered the questions asked by the public regarding the extent of the sidewalks and curbs on Reed Street. Mr DiTullio asked Mr Paranto to explain to the public why we are going from 2 Y2 ft to 4 ft, what the law is on that and why we are doing that. Mr Paranto explained that the law requires that all new sidewalks being constructed be handicapped accessible, which means that a wheelchair must be able to traverse the sidewalk and wheelchairs can't fit on a 2-Y2 ft Section of sidewalk. This is federal law Mr DiTullio also asked if neighborhood meetings had been held to discuss this Answer was yes Motion by Mr DiTullio that street widths be established for 34th Place, from Teller to Reed Street, as recommended by the Public Works Department; seconded by Mrs. Rotola, carried 8-0 Mr DiTullio clarified that the actual plan and budget for this project would be brought back to Council at a later date CITY COUNCIL MINUTES May 10, 2004 Page -3- Item 3. COUNCIL BILL 08-2004 - AN ORDINANCE AMENDING SECTION 26- 103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPLICATIONS SUBJECT TO THE SITE DEVELOPMENT REVIEW PROCESS (Case No lOA-04-3) Council Bill 08-2004 was introduced on second reading by Mr Stites Ordinance No 1323 was assigned Pam Anderson read the executive summary Alan White presented the staff report. Charles Durbin, 3703 Ames Street, is all for going back to where we were The approval of the plating and the Special Use shall be deemed granted on the date that the Colorado Department of Transportation provides written approval of the access permit for the proposed access on Sheridan Blvd He wanted to know if this is passed tonight if it negates both the Special Use and Consolidation Plat from that time Mr Dahl answered no, it doesn't. Mr DiTullio asked Mr White for the record if it is his recommendation from the staff level that this part of the Code be stricken and we go back to the original section of the Code Mr White replied, yes, it is. Motion by Mr Stites to approve Council Bill 08-2004 (Ordinance No 1323) on second reading and that it take effect 15 days after final publication, seconded by Mr DiTullio, carried 7-1 with Mr Gokey voting no Item 4 COUNCIL BILL 07-2004 -AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDE CODE OF LAWS PERTAINING TO COMMERCIAL AND INDUSTRIAL LAND USES (Case No lOA-04-01) (Ordinance 1322) PUBLIC HEARING CONTINUED FROM APRIL 26, 2004 Alan White, Director of Community Development, presented a brief staff report and answered Councilmembers' questions Motion by Ms Berry to approve Council Bill 07-2004 (Ordinance No 1322) on second reading, and that it take effect 15 days after final publication, seconded by Mr DiTullio Motion by Mr DiTullio to amend to allow Medical and dental clinics and laboratories be kept as permitted uses in the NC zone district; seconded by Mrs Sang, carried 8-0 Motion by Mr DiTullio to amend to allow banks, loan and finance offices be kept as permitted uses in the NC zone district; seconded by Mr Gokey; carried 7-1 with Mrs Sang voting no CITY COUNCIL MINUTES' May 10, 2004 Page -4- Motion by Mr DiTullio to amend to remove newsstands from the category of bookstores, newsstands, stationery and card stores, seconded by Mrs Rotola, carried 8-0 Original Motion as amended carried 8-0 Item 5 COUNCIL BILL 09-2004 - AN ORDINANCE AMENDING CHAPTER 24 "TREES AND SHRUBS" OF THE WHEAT RIDGE CODE OF LAWS Council Bill 09-2004 was introduced on second reading by Mr DiTullio Ordinance No 1324 was assigned Pam Anderson read the executive summary and the statement of the issues Motion by Mr DiTullio to approve Council Bill 09-2004 (Ordinance No 1324) on second reading, and that it take effect 15 days after final publication, seconded by Mrs Sang, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 RESOLUTION 10-2004 - A RESOLUTION IN SUPPORT OF AN EQUITABLE ALLOCATION OF STATE AND FEDERAL TRANSPORTATION DOLLARS TO THE METROPOLITAN DENVER REGION Mr Schulz introduced Resolution 10-2004 and read the executive summary Motion by Mr Schulz to approve Resolution 10-2004, seconded by Mrs Rotola, carried 8-0 Item 7 RESOLUTION 11-2004 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT FOR COOPERATIVE MOSQUITO MANAGEMENT PROGRAM Mrs Adams introduced Resolution 11-2004 Motion by Mrs. Adams to approve Resolution 11-2004, authorizing the Mayor to sign and execute and the City Clerk to attest an Intergovernmental Agreement with Jefferson County and Jefferson County Department of Health and Environment for the prevention and control of mosquitoes in an amount not to exceed $8,730; seconded by Mr Gokey; carried 8-0 Item 8 RESOLUTION 12-2004 - A RESOLUTION SUPPORTING THE USE OF FACILITATION AND MEDIATION SERVICES Mrs Sang introduced Resolution 12-2004 Pam Anderson read the executive summary Motion by Mrs Sang to approve Resolution 12-2004, seconded by Mrs Rotola and Mr Schulz; carried 8-0 CITY COUNCIL MINUTES May 10, 2004 Page -5- CITY MANAGER'S MATTERS Randy Young reminded citizens to eliminate or treat standing water on their property to combat mosquitoes carrying the West Nile Virus We have further information on our website, also on the County and State websites. CITY ATTORNEY'S MATTERS Gerald Dahl asked Council to make a motion to hold an Executive Session ELECTED OFFICIALS' MATTERS Mayor Gretchen Cerveny thanked Mr Gokey for covering for her on Arbor Day She reminded everybody of the Memorial Day Ceremony on Friday, May 28 at 11'00 a.m at our All Veterans Memorial in Hayward Park. Larry Schulz enjoyed the Arbor Day ceremony and the tree tour He found it amazing that we have 57 varieties of trees on that site Dean Gokey thanked the Mayor for affording him the opportunity to participate in the Arborist Day function at the Richards Hart Estate He also thanked Pam Anderson for her hard work in supplying him with all the correct information so when he went there he was organized He thanked Joyce Manwaring and her staff for putting together a well done celebration He thanked Pam Anderson for putting together his presentation at the opening of Creekside Park. He threw out the first pitch there He was informed by a neighbor that one of the Wheat Ridge Little League Baseball teams took first place and that will allow them to go up to the Triple Crown in Steamboat, a very prestigious tournament for the kids participating He thanked fellow Councilmembers for putting together the First Monday meeting, where Police Department staff came over and gave a presentation for the people Wanda Sang thanked her fellow District I Elected Officials for allowing them to hold a joint First Monday meeting with District II They had such a good turnout that they are proposing on doing another combined District I and II meeting for the First Monday in June Their presentation will be from Joyce Manwaring on Parks and Recreation and a discussion about the possibility of developing the Kendall Park. Anyone in that area of Kendall and 44th should come and have some input. Karen Adams reminded everyone that we are starting again to have our concerts in the Park, watch Channel 8 for details The Wheat Ridge Chorale is coming up with another performance as well, she doesn't have the date District III and IV are having a meeting in June and are possibly having a presentation on the West Nile Virus information They also want to have a Fire Department presentation and want the community to tell them what they would like to hear any information they would like to have Mike Stites reminded people to take pride in their community and watch the weeds and help the elderly CITY COUNCIL MINUTES' May 10, 2004 Page -6- Motion by Mr DiTullio to hold an Executive Session with the City Attorney under Charter Section 5 7(b)(1) and Section 24-6-402(4)(B) C R.S specifically legal advice concerning State Statutes on Gun Control and potential litigation concerning Ordinance No 1223, Series of 2003 I further move to adjourn the Council Meeting at the conclusion of the Executive Session, carried 8-0 EXECUTIVE SESSION WAS HELD. Meeting adjourned at 8 52 P m " ( \ \t1.I(, l ( ,{,~<,/C.l../ / Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON MAY 24,2004 BY A VOTE OF L to ~ -..;JJt.l(UL." t:J~~- Wanda Sang, C'ouncil PTesident The preceding Minutes were prepared according to S47 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