HomeMy WebLinkAboutCity Council Minutes 10/23/2006
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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.
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Pamela Y. A~frson, City Clerk
APPROVED BY CITY COUNCIL ON NOVEMBER 13, 2006 BY A VOTE OF
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MiLe'stites, Council President
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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.