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HomeMy WebLinkAboutCity Council Minutes 11/27/2006 ctl-t1~ lIDlmB CITY OF WHEAT RIDGE, COLORADO November 27. 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 November 13. 2006 Motion by Mr. Gokey to approve the Minutes of November 13, 2006; seconded by Mrs. Sang; carried 8-0. PROCLAMATIONS AND CEREMONIES Mayor DiTullio recognized the accomplishments of the Wheat Ridge High School Women's Softball Team. The team was undefeated this year with a record of 11-0. Principal Harrison and Coach Larson recognized the players individually. Item 1. CONSENT AGENDA A. RESOLUTION 54-2006 - AMENDING THE 2006 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $50,000 TO THE WHEAT RIDGE FOUNDATION IN SUPPORT OF THE WHEAT RIDGE HIGH SCHOOL FIELD COMMITTEE SYNTHETIC TURF PROJECT. B. RESOLUTION 53-2006 - AMENDING THE 2006 FISCAL YEAR OPEN SPACE BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $15,000 ON BEHALF OF THE WHEAT RIDGE ROTARY FOR THE WHEAT RIDGE HIGH SCHOOL FIELD COMMITTEE SYNTHETIC TURF PROJECT. CITY COUNCIL MINUTES: November 27,2006 Page -2- C. Approval of the Revised Personnel Policies. D. Motion to adopt the 2007 City Council Regular Meeting Calendar. E. Revision to the Council Rules and Procedures regarding appointment procedure of the Mayor pro tem/Council President. Consent Agenda was introduced and read by Mr. Stites. Motion by Mr. Stites to approve the Consent Agenda; seconded by Mr. Womble and Mrs. Sang; carried 8-0. A brief Presentation of a Check from Wheat Ridge Rotary to the Wheat Ridge Foundation for $15,000 for the Wheat Ridge High School Field Committee. A second Presentation of a Check was given by Mayor DiTullio to Wheat Ridge High School Field Committee in the amount of $50,000. Principal Pat Harrison, Athletic Director and Jefferson County School District Irene Griego were present to accept the funds. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 28-2006 - AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE 2005, NFPA 70: NATIONAL ELECTRIC CODE. Mayor DiTullio opened the public hearing. Council Bill 28-2006 was introduced on second reading by Mr. Gokey; City Clerk Pamela Anderson read the executive summary and assigned Ordinance No. 1378. Community Development Director Alan White presented the staff report. No citizens were present to testify. Mayor DiTullio closed the public hearing. Motion by Mr. Gokey to approve Council Bill 28-2006 (Ordinance 1378) on second reading, and that it take effect 15 days after final publication with the following amendment to paragraph (e): Delete the reference to section 107.5.1 of the Uniform Building Code so that the last sentence reads "This penalty shall be in addition to the investigation fee referenced in Table 1-A, City of Wheat Ridge building permit fees"; seconded by Mrs. Rotola; carried 8-0. CITY COUN'eIL MINUTES: November 27, 2006 Page -3- Item 3. COUNCIL BILL 29-2006 - AN ORDINANCE ADOPTING THE 2005 EDITION OF THE NFPA 99 HEALTH CARE FACILITIES CODE. Mayor DiTullio opened the public hearing. Council Bill 29-2006 was introduced on second reading by Mr. Schulz and he read the executive summary. City Clerk Pamela Anderson assigned Ordinance 1379. Community Development Director Alan White presented the staff report. Mayor DiTullio closed the public hearing. Motion by Mr. Schulz to approve Council Bill 29-2006 (Ordinance 1379) on second reading and that it take effect 15 days after final publication; seconded by Mr. Womble; carried 8-0. Item 4. PUBLIC HEARING ON A REQUEST FOR A FINAL DEVELOPMENT PLAN AND FINAL PLAT FOR PROPERTY LOCATED AT 5220 QUAIL STREET. (Case No. WZ-06-08 and WS-06-02/Wilson) Mayor DiTullio opened the public hearing. Mrs. Rotola introduced the item and read the executive summary. Mayor DiTullio administered the oath to those present who wished to testify. Senior staff planner Meredith Reckert presented the staff report. She entered into the record the case file and packet materials, the zoning ordinance, the subdivision regulations and digital presentation into the record. She stated that all notification and posting requirements have been met and there is jurisdiction to hear the case. Steve Wilson, applicant, was present to comment on the application. Charles Richardson, property owner, was also present and available for questions. Mr. Wilson requested an amendment regarding the detention area and park dedication and approval of the application. City Council members asked questions of staff and the applicant. Mayor DiTullio closed the public hearing. CITY COUJ\JCIL MINUTES: November 27,2006 Page -4- Final Development Plan: Motion by Mrs. Rotola to approve Case No. WZ-06-08, a request for approval of a Final Development Plan for property located at 5220 Quail Street, for the following reasons: 1. The Final Development Plan meets the development standards as listed on the Outline Development Plan. 2. The Final Development Plan meets the requirements for Final Development Plans, as defined in Article III of the Code of Laws. With the following condition: 1. That the owner/developer of the property be granted appropriate credits for the incremental cost of improving the detention area so that it is suitable for use as active play area. The credit shall not exceed a total of $35,000. The amount of credit for incremental improvements shall be determined by staff and addressed in the Subdivision Improvements Agreement. Seconded by Mr. Schulz; carried 8-0. Final Plat: Motion by Mrs. Rotola to approve Case No. WS-06-02, a request for approval of a twenty five lot subdivision plat for property located at 5220 Quail Street, for the following reasons: 1. All requirements of the Subdivision Regulations have been met. 2. All required utility easements are being provided. 3. Adequate infrastructure will be constructed with the development to serve the proposed use. With the following conditions: 1. The drainage report shall be approvable prior to recordation of plat. 2. The lateral ditch serving Mr. Wheling to the west of Quail Street should not be impeded or impinged by expansion of Quail Street. It is the developer's responsibility to keep the ditch intact and functional during development of the site. Seconded by Mr. Schulz; carried 8-0. ORDINANCES ON FIRST READING Item 5. COUNCIL BILL 30-2006 - AN ORDINANCE AMENDING SECTION 5-84 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE PRESCRIPTIVE ENERGY CODE. (Case No. WCA-06-05) Council Bill 30-2006 was introduced on first reading by Mr. Gokey. CITY COUf\1CIL MINUTES: November 27,2006 Page -5- Motion by Mr. Gokey to approve Council Bill 30-2006 on first reading, order it published, public hearing set for Monday, December 11, 2006 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication. I further move to amend the ordinance as follows: "90% furnaces shall be required for all new construction, unless RES check or COMcheck indicates an 80% furnace will meet the requirements of the IECC. All replacement furnaces will be allowed to be 80% furnaces. In all instances, sizing of the furnace will be required by the contractor. The Building Official is authorized to make hardship determination"; seconded by Mrs. Sang; carried 8-0. Item 6. COUNCIL BILL 31-2006 - AMENDING SECTION 5-85 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE INTERNATIONAL RESIDENTIAL CODE. (Case No. WCA-06-06) Council Bill 31-2006 was introduced on first reading by Mrs. Berry. Motion by Mrs. Berry to approve Council Bill 31-2006 on first reading, order it published, public hearing set for Monday, December 11, 2006 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Rotola. Motion to amend by Mr. Gokey that Wind speed is 100 mph, 3-second wind gust, exposure C; seconded by Mrs. Sang; carried 5-3 with Councilmembers Berry, Rotola, and Adams voting no. Original Motion as amended carried 8-0. DECISIONS. RESOLUTIONS. AND MOTIONS Item 7. City Council Appointments to various Metropolitan Boards and Agencies. City Clerk Pam Anderson read a letter from WR2020 into the record, which recommended that Council keep two Councilmembers on their Board. Motion by Mrs. Sang to appoint Larry Schulz to serve as the City's representative to DRCOG, with Karen Berry as alternate; seconded by Mrs. Rotola; carried 8-0. Motion by Mrs. Sang to appoint Lena Rotola to serve as the City's representative to the Jefferson County Housing Authority; seconded by Mr. Womble; carried 8-0. CITY COUNCIL MINUTES: November 27,2006 Page -6- Motion by Mrs. Sang to appoint Lena Rotola to serve as the City's representative to the Jefferson County Community Development Block Grant Committee; seconded by Mr. Schulz; carried 8-0. Motion by Mrs. Sang to appoint Janelle Shaver to serve as the City's representative to the Jefferson County Board of Corrections; seconded by Mr. Gokey and Mr. Womble; carried 8-0. Motion by Mrs. Sang to appoint Mike Stites to serve as the City's representative to the Police Seizure Fund; seconded by Mr. Schulz; carried 8-0. Motion by Mrs. Sang to appoint Mayor DiTullio, with Karen Adams as alternate to serve as the City's representative to the Jefferson Economic Council; seconded by Mrs. Rotola; carried 8-0. Motion by Mrs. Sang to appoint Larry Schulz with alternate Mayor DiTullio to serve as the City's representative to the Jefferson County-Wide Transportation Committee; seconded by Mr. Womble; carried 8-0. Motion by Mrs. Sang to eliminate the second Council position for the Board of Wheat Ridge 2020 effective immediately; seconded by Mr. Womble. Mrs. Rotola feels that 2 Council representatives should be on the Board for at least another year and the subject can be re-visited at that time. Mr. Schulz stated that the letter read tonight makes it clear that the leadership of WR2020 would like 2 Councilmembers to continue serving. Mrs. Adams currently serves on the board of WR2020 and feels 2 people are needed to represent City Council with the dollar figure we are giving WR2020. Ms. Berry, who also serves on WR2020, wanted to state publicly that she did not request or solicit the letter read into the record tonight. Motion tied 4-4 with Councilmembers Rotola, Schulz, Adams and Berry voting no. Mayor DiTullio broke the tie by voting yes. Motion carried 5-4. Item 8. Election of Mayor Pro Tem and Council President. Note: Due to the passage of Consent Agenda Item 1 E, the amendment of the Council Rules of Order and Procedure for the appointment process, the appointment of the Council President position has been eliminated. Motion by Mrs. Sang to elect Mike Stites as Mayor pro tem effective immediately; term to expire upon election of successor; seconded by Mr. Womble. CITY COUNCIL MINUTES: November 27,2006 Page -7- Substitute motion by Mrs. Adams to appoint Larry Schulz as Mayor pro tem; seconded by Mrs. Rotola; tied 4-4 with Councilmembers Stites, Womble, Sang, and Gokey voting no. Motion failed 5-4, with Mayor DiTullio voting no to break the tie. Original motion tied 4-4, with Councilmembers Adams, Rotola, Schulz, and Berry voting no. Mayor DiTullio broke the tie by voting yes. Motion carried 5-4. ELECTED OFFICIALS' MATTERS City Clerk Pam Anderson announced that she had been elected to the office of Jefferson County Clerk and Recorder. She will be sworn in January 9 and her resignation from her City Clerk post will be effective January 1, 2007. She distributed a memo from City Attorney Jerry Dahl into Council's mail boxes, which outlines the process of filling the vacancy in the City Clerk's Office. Meeting adjourned at 8:42 p.m. (d t.J ru ________ ~Y(jnderson, City Clerk APPROVED BY CITY COUNCIL ON DECEMBER 11, 2006 BY A VOTE OF '7 to 0 tl\ ~~~\Slo Mike Stites, Mayor pro tem 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. 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.