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Home My WebLink About11/08/2004 @~lr\7 @@(ill~@~[S I~~(illu~@ CITY OF WHEAT RIDGE, COLORADO November 8, 2004 Mayor Cerveny called the Regular City Council Meeting to order at 7 05 P m Councilmembers present: Karen Adams, Karen Berry Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Also present: Deputy City Clerk, Christa Jones, City Manager, Randy Young, City Attorney, Gerald Dahl Director of Administrative Services Patrick Goff' Director of Parks and Recreation, Joyce Manwaring, staff; and interested citizens APPROVAL OF MINUTES OF October 25. 2004 Motion by Mr DiTullio for the approval of the Minutes of October 25 2004 seconded by Mr Schulz and Mrs Sang, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read Proclamation in Honor of Jaime Alonso Yrastorza CITIZENS' RIGHT TO SPEAK There was no one present to speak. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Public Hearing on 2005 Budget. Item 1 was introduced by Mrs Sang, Deputy City Clerk read the Executive Summary Patrick Goff presented the staff report. Louise Turner expressed her displeasure at not being able to purchase a preliminary budget. A copy should be available for the public, even if it is not bound She glanced at the budget in the Clerk's Office and noticed that among Council goals was an Urban Village at 44th & Wadsworth This is a major change from the character of Wheat Ridge and needs public input. Alice Blevins stated we should be able to get copies of the budget. It's our money, why can't we see where it's going CITY COUNCIL MINUTES November 8, 2004 Page -2- Mr Goff explained that the proposed budget is on-line, could be studied at the Clerk's Office, and requested pages would be copied It always was and always will be available Councilmember DiTullio stated that there were services cut from the 2004 budget and Council should look at reinstating some of them for 2005 He requested that background material for 3 amendments be brought to the budget hearing on November 22, 2004 1 Weed Mowing in public right-of-way 2 Neighborhood Clean-Up 3 $5,000 for Historic Park funding Item 2. COUNCIL BILL 20-2004 - AN ORDINANCE CONCERNING ANNEXATION PETITIONS Council Bill 20-2004 was introduced on second reading by Mr DiTullio Deputy City Clerk read the executive summary and statement of the issues and assigned Ordinance No 1334 Mr Dahl presented the staff report. Motion by Mr DiTullio to approve Council Bill 20-2004 (Ordinance 1334) on second reading, and that it take effect upon adoption at second reading, seconded by Mrs Rotola, carried 8-0 Item 3. COUNCIL BILL 21-2004 - AN ORDINANCE AMENDING SECTION 24- 51 (g) AND ADDING NEW SUBSECTIONS (h) and (i) OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING LOTS OR PARCELS ZONED FOR AGRICULTURAL OPERATIONS Council Bill 21-2004 was introduced on second reading by Mr Stites Clerk read the executive summary and assigned Ordinance No 1335 Mr Dahl presented the staff report. Motion by Mr Stites to approve Council Bill 21-2004 (Ordinance 1335) on second reading and that it take effect 15 days after final publication, seconded by Mr DiTullio Motion by Mr Schulz to amend Section 1 (g) b to read Lots or parcels larger than 12,500 square feet and delete the words FIVE ACRES. Section (i) delete the word commercial and the words marketing, transportation; seconded by Mr DiTullio, carried 6-2 with Mr Gokey and Ms Berry voting no - CITY COUNCIL MINUTES November 8, 2004 Page -3- Ms Berry will not support this, she strongly supports agricultural producers, but what we are dealing with here is a weed issue and not an agricultural operation By further defining what an agricultural operation is is actually muddying the issue more than clearing it up We should be dealing with what is a weed and what is not a weed Mr Gokey stated that this started out with all the best intentions in the world and then ended up being one of the biggest boondoggles you ever come across The perception of agricultural crops in Wheat Ridge is a hobby at best, but when they are used and abused, there needs to be some sort of regulations that can be put in place so the system doesn't get abused by a few individuals, so the rest of us can pay the tab for that individual Mr DiTullio moved that Mr Jenks be allowed to speak on this agenda item, seconded by Ms Berry; carried 6-2 with Mrs Rotola and Mr Gokey voting no Doug Jenks 11885 West 38th Avenue Wheat Ridge stated that the Ordinance passed last year added "tall weeds" to the Ordinance and made it illegal to be a farmer in the City of Wheat Ridge He was tried and convicted of growing hay It is not a hobby he has 16 acres and cuts, rakes, and bales hay 3 times per summer The previous Council felt he should be growing houses and not hay, but this is the City of Wheat Ridge and he is a Wheat Ridge farmer He urged Council to change the Ordinance that was put in place last year that we all thought was ridiculous, the Courts felt it was ridiculous, Code Enforcement felt it was ridiculous but it is still the law Upon questioning by Mr Gokey, Mr Jenks stated that he had been tried and convicted once of weed violations and had been contacted 3 or 4 times by Code Enforcement in the last 5 years He grows Alfalfa and Timothy, not weeds Original Motion as amended carried 6-2 with Ms Berry and Mr Gokey voting no ORDINANCES ON FIRST READING Item 4. COUNCIL BILL 22-2004 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS BY AMENDING SECTIONS 5-76,5-78,5-79 AND 5-82 TO ADOPT THE 2003 INTERNATIONAL CODES WITH AMENDMENTS AND ADOPTING SECTIONS 5-84, 5-85, 5-86 AND 5-87 TO ADOPT THE 2003 INTERNATIONAL ENERGY CONSERVATION CODE, 2003 INTERNATIONAL RESIDENTIAL CODE, 2003 INTERNATIONAL FIRE CODE, AND 2003 INTERNATIONAL FUEL GAS CODE WITH AMENDMENTS Council Bill 22-2004 was introduced on first reading by Mr Gokey CITY COUNCIL MINUTES November 8,2004 Page -4- Motion by Mr Gokey to approve Council Bill 22-2004 on first reading, order it published, public hearing be set for December 13, 2004 at 7 00 P m in the City Council Chambers and that it take effect 15 days after final publication seconded by Mrs Rotola, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. RESOLUTION 27-2004 - AUTHORIZING SUBMITTAL OF THE APPLICATION FOR THE 2005 JOINT VENTURE/GRANT PROJECT TO JEFFERSON COUNTY OPEN SPACE - CLEAR CREEK TRAIL REPLACEMENT PHASE III Resolution 27-2004 was introduced by Mr Stites Deputy City Clerk read the executive summary Motion by Mr Stites to approve Resolution 27-2004, seconded by Mrs Sang Janelle Shaver, 8890 West 35th Avenue, gave a historic perspective about this part of the trail. Discussion at the time had been asphalt vs concrete narrow vs wide She questioned why a perfectly good asphalt trail would be torn out and replaced with a concrete one There are other projects out there that are just crying to be done Flora Andrews, Chairman of the Board of Prospect Park & Recreation District, asked about an access trail going through their property They've had a lot of vandalism on their property Joyce Manwaring explained that in the early 1990's Prospect Recreation District built an access trail traveling east out of their property as a connection on the north to encourage access to the Clear Creek Trail through their property This hooks into the Tabor Lake side of the Clear Creek trail Motion carried 8-0 Item 6. Award of Contract for Founder's Park Sculpture Item 6 was introduced by Mr DiTullio, who also read the executive summary Motion by Mr DiTullio to award the art sculpture contract for Founders' Park to Josh Wiener in the amount of $34500 to be charged to Acct. No 32-601-800-862, seconded by Mrs Rotola, carried 8-0 CITY COUNCIL MINUTES November 8, 2004 Page -5- Item 7. Revision to Council Rules and Procedures regarding Section A. (3), Section A. (4) and Section C Item 7 was introduced by Mrs Sang Motion by Mrs Sang to amend the Council Rules and Procedures Option A. which states Replace Section A. (3) with "Quarterly First Monday District Meetings are to be held at a place to be announced commencing at 7.00 p.m. the first Monday in March, June, October, and December On the first Monday of June an Annual Town meeting may be held"; and that this take effect immediately' seconded by Mrs Rotola, carried 8-0 Motion by Mrs Sang to replace Section A. (4) with "Study Sessions are the first (1S~ and third (3fd) Monday of each month at 6.30 p.m., excluding dates on which a quarterly Monday District Meeting or Town Meeting is scheduled" Repeal Section C STUDY SESSIONS 'Each item on the agenda shall be limited to forty-five (45) minutes Time may be extended for an agenda item by a majority consensus vote of Councilmembers present." Seconded by Mr DiTullio, carried 8-0 Item 8. Election of Mayor pro-tem and Council President. Councilmembers noted their nominations on a paper ballot. Motion by Mrs Rotola to appoint Larry Schulz as Mayor pro tem effective immediately; term to expire upon election of their successor; seconded by Ms Berry; carried 8-0 Motion by Mrs Sang to appoint Lena Rotola as Council President effective immediately; term to expire upon election of their successor; seconded by Ms Berry; carried 8-0 CITY COUNCIL MINUTES November 8, 2004 Page -6- ELECTED OFFICIALS' MATTERS Mayor Cerveny and Councilmembers thanked Wheat Ridge residents for their vote for the sales tax increase Meeting adjourned at 8 40 P m ~\" ~\t: 0 \~. .~ Christa Jones, Deputy City Clerk APPROVED BY CITY CbUNCILON NOVEMBER 22, 2004 BY A VOTE OF L to 0 . l ~ I,' . Lena Rotola, Council President 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