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HomeMy WebLinkAboutCity Council Minutes 10/23/2006 arr_ MDmlIS CITY OF WHEAT RIDGE, COLORADO October 23. 2006 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble. 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 October 9. 2006 Motion by Mr. Stites for approval of the Minutes of October 9, 2006; seconded by Mrs. Sang and Mrs. Rotola; carried 8-0. CITIZENS' RIGHT TO SPEAK David Kuehn, District Manager for Prospect Park and Recreation District, requested that the City Council consider waiving the use tax of $5,095.00. Item 1. Consent Agenda A. Award ITB-06-45 Roof Installation at the Senior Center and the Anderson Building to Independent Roofing Specialists, llC, in the total amount of $29,889.00. B. Award of Contract for Design of Restroom Building at Creekside Park to Root Rosemann Architects in the amount of $32,750.00. Consent Agenda was introduced and read by Mrs. Adams. Motion by Mrs. Adams for approval of the Consent Agenda; seconded by Mrs. Sang and Mr. Gokey; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. and Item 3. COUNCil Bill 22-2006 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE AGRICULTURAL AND PUBLIC FACILITIES TABLE OF USES AND ACCESSORY USES. (Case No. ZOA-06-06) CITY COUNCIL MINUTES: October 23, 2006 Page -2- And COUNCIL BILL 23-2006 - AN ORDINANCE AMENDING CHAPTER 26-603 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO FENCING. (Case No. ZOA-06-04) Mayor DiTullio opened the joint public hearing for Items 2 and 3. Council Bill 22-2006 was introduced on second reading by Mr. Womble. City Clerk Pamela Anderson read the executive summary and assigned Ordinance No. 1375. Council Bill 23-2006 was introduced on second reading by Mr. Womble and he read the executive summary. City Clerk Pamela Anderson assigned Ordinance No. 1376. Meredith Reckert, Senior Planner, presented a PowerPoint staff presentation for both items. No one from the public was present to speak to the items. Mayor DiTullio closed the public hearing. Motion by Mr. Womble to approve Council Bill 22-2006 (Ordinance 1375), Case No. ZOA-06-06 and that it take effect 15 days after final publication; seconded by Mr. Schulz; carried 8-0. Motion by Mr. Womble to approve Council Bill 23-2006 (Ordinance 1376), Case No. ZOA-06-04, order it published and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8-0. Item 4. COUNCIL BILL 24-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE CHANGE FROM A-1 , AGRICULTURAL-ONE AND R-1, RESIDENTIAL-ONE TO PUBLIC FACILITIES ZONE DISTRICT FOR PROPERTY LOCATED AT 11210 WEST 45TH AVENUE. (Case No. WZ-06-04) (City of Wheat Ridge) Mayor DiTullio opened the public hearing. Council Bill 24-2006 was introduced on second reading by Mrs. Rotola and she read the executive summary; City Clerk Pam Anderson assigned Ordinance No. 1377. Mayor DiTullio administered the oath to all present planning on testifying in the quasi- judicial public hearing. CITY COUNCIL MINUTES: October 23,2006 Page -3- Meredith Reckert, Senior Planner, made a PowerPoint staff presentation. She entered into the record the comprehensive plan, zoning ordinance, case file and packet materials, and the digital presentation. She stated that all notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. Kent Young, Wheat Ridge, testified regarding his concerns about the barbed wire fence and his property line and lighting nuisance into his property. He is also not wild about surveillance cameras in his backyard. He would like assurances about carte blanche future changes. He requested allowances for landscaping on his side of the property line. Meredith Reckert responded as the applicant to the comments. City Council asked questions of the applicant and discussion followed. Recess called at 7:50 p.m. Reconvened at 7:57 p.m. Questions continued. Mayor DiTullio closed the public hearing. Zone Chanae Motion by Mrs. Rotola to approve Council Bill 24-2006 (Ordinance 1377), Case No. WZ- 06-4 for the following reasons: 1. The proposed zone change will consolidate zoning on the property. 2. Although not consistent with the designation on the Future Land Use map, it meets the goals and objectives of other provisions in the Comprehensive Plan; seconded by Mrs. Sang. Motion to amend by Mr. Schulz to add a condition that the City provides up to $1,000.00 for the planting of trees on Mr. Young's property based on recommendations of an arborist to be consulted by Mr. Young and that payment shall be made following determination of an actual plan as to what those trees shall be and be planted; and that budget adjustments be made accordingly; seconded by Mr. Gokey; carried 8-0. Main motion as amended carried 8-0. Variances Motion by Mrs. Rotola to approve variances to the development standards in the Public Facilities zone district for property located at 11210 West 45th Avenue being considered concurrently with Case No. WZ-06-04, for the following reasons: 1. The variances will legitimize the existing conditions on the property. 2. There should be no additional impact on adjacent properties as a result of the variances; seconded by Mrs. Sang; carried 7-1, with Mr. Gokey voting no. CITY COUNCIL MINUTES: October 23, 2006 Page -4- ORDINANCES ON FIRST READING Item 5. COUNCIL BILL 28-2006 - AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE 2005, NFPA 70: NATIONAL ELECTRIC CODE. Council Bill 28-2006 was introduced on first reading by Mr. Gokey. Motion by Mr. Gokey to approve Council Bill 28-2006 on first reading, order it published, and I further move that Council Bill 28-2006 be referred to a Council Study Session on November 6, 2006 prior to being scheduled for second reading and public hearing; seconded by Councilmembers Womble and Stites; carried 8-0. Item 6. COUNCIL BILL 29-2006 - AN ORDINANCE ADOPTING THE 2005 EDITION OF THE NFPA 99 HEALTH CARE FACILITIES CODE. Council Bill 29-2006 was introduced on first reading by Mr. Schulz. Motion by Mr. Schulz to approve Council Bill 29-2006 on first reading, order it published, public hearing set for Monday, November 27,2006 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Sang and Rotola; carried 8-0. DECISIONS. RESOLUTIONS. AND MOTIONS Item 7. RESOLUTION 49-2006 - REPEALING AND REENACTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES FOR THE CITY OF WHEAT RIDGE, COLORADO, FOR THE 2007 BUDGET YEAR. Resolution 49-2006 was introduced by Mrs. Sang. City Clerk Pam Anderson read the executive summary. Motion by Mrs. Sang to approve Resolution 49-2006; seconded by Mrs. Rotola. Comments followed. Motion carried 8-0. Item 8. RESOLUTION 50-2006 - APPROVING AN AGREEMENT OF COOPERATION BY AND BETWEEN APPLEWOOD BUSINESS ASSOCIATION, THE CITY OF WHEAT RIDGE, ENTERPRISE WHEAT RIDGE, JEFFERSON COUNTY, JEFFERSON COUNTY SCHOOL DISTRICT, JEFFERSON ECONOMIC COUNCIL, THE WEST CHAMBER, AND WHEAT RIDGE 2020, INC. Resolution 50-2006 was introduced by Mrs. Sang. City Clerk Pam Anderson read the executive summary. CITY COUNCIL MINUTES: October 23, 2006 Page -5- Motion by Mrs. Sang to approve Resolution 50-2006; seconded by Mrs. Rotola; carried 8-0. Motion by Mr. Stites to adjourn to Executive Session for a Personnel Matter under Charter Section 5.7(2) and Section 24-6-402(4) (F), C.R.S., specifically Performance Evaluation of the City Manager. I further move to return to the Open Meeting at close of Executive Session for the purpose of taking any formal action deemed necessary; seconded by Mrs. Rotola; carried 8-0. Meeting adjourned to Executive Session at 8:17 p.m. EXECUTIVE SESSION WAS HELD Meeting resumed at 10:32 p.m. City Attorney Gerald Dahl briefed the City Council on the Mayor's role in breaking a tie. Motion by Mr. Stites to defer decision on the City Manager's compensation package to the November 13th City Council meeting; seconded by Mr. Gokey; tied 4-4 with Councilmembers Schulz, Berry, Rotola, and Adams voting no. Mayor DiTullio broke the tie by voting yes; Motion carried 5-4. Motion to adjourn by Mr. Gokey; seconded by Mrs. Rotola; carried 8-0. Meeting adjourned at 10:34 p.m. '.') '/ ~ ~ Ctll.U {.~ \ ~ \ '- ,l,\rJ. J~ 11 _ Pamela Y. A~frson, City Clerk APPROVED BY CITY COUNCIL ON NOVEMBER 13, 2006 BY A VOTE OF rr'A~-+k MiLe'stites, Council President ~ to D The preceding Minutes were prepared according to S47 of Robert's Rules of Order, Le. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions.