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HomeMy WebLinkAboutCity Council Minutes 01/08/2007 (It('~l1 fA'IM~ hDm~ ~':_lJ ~ .~~~ CITY OF WHEAT RIDGE, COLORADO Januarv 8. 2007 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Councilmembers present: Karen Adams, Karen Berry, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble. Lena Rotola and Dean Gokey were absent. Also present: Acting City Clerk, Christa Jones; City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Community Development, Alan White; Chief of Police, Dan Brennan; staff; and interested citizens. APPROVAL OF MINUTES OF December 11. 2006 Motion by Mrs. Sang for approval of the Minutes of December 11, 2006; seconded by Mr. Schulz; carried 5-0 with Mr. Womble abstaining. CITIZENS' RIGHT TO SPEAK Mayor DiTullio informed the audience that he understood that a number of them were present to speak on the Applewood Baptist Church matter. That public hearing was held last month and we are not taking testimony tonight on that public hearing. He stated that the audience could speak under public comment with a 3 Minute limit. City Attorney Dahl stated that the public hearing was held and the hearing closed. It is set tonight for action only, for the Council. He wanted to be sure that people understood their comments tonight would not be part of the public hearing record, since that was concluded on December 11, 2006. Calvin Wittman, Pastor of the Applewood Baptist Church, asked that Council reconsider their decision and leave this matter open for discussion. Bob Oxford, was baffled by the decision Council made and read a letter from Mr. Timothy Goodwin, who is a resident of Wheat Ridge. Mr. Goodwin is disappointed by the Council's decision. People who attend the church also shop in Wheat Ridge. Churches add to communities, they do not detract. Lowell Powell, was concerned that communication is a problem. He doesn't think litigation is a good solution and asked for more dialogue. Robert Hanson, feels the church has complied with all the building codes and doesn't understand the denial. CITY COUNCIL MINUTES: January 8, 2007 Page -2- Marty Cone, spoke in favor of the Applewood Baptist Church. Mr. Dahl explained for the record that he has spoken on the telephone with the attorney for Applewood Baptist Church. He explained to the attorney that tonight was not a public hearing, the hearing had been closed on December 11 and the attorney and his clients understand that. Their attorney has written a letter threatening litigation. Motion by Mr. Stites to convene in Executive Session with the City Attorney and appropriate staff under Charter Section 5. 7(b)( 1) for the purpose of receiving legal advice on threatened litigation by Applewood Baptist Church under land use case SUP- 06-04, and specific legal questions related thereto. I further move to return to the open meeting at the conclusion of the executive session; seconded by Mrs. Sang; carried 6-0. Meeting adjourned at 7:18 p.m. into executive session. Executive Session was held. Regular Meeting resumed at 8:06 p.m. ORDINANCES ON FIRST READING Item 1. COUNCIL BILL 01-2007 - AMENDING CHAPTER 4 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF ANIMALS. Council Bill 01-2007 was introduced on first reading by Mrs. Sang. Motion by Mrs. Sang to approve Council Bill 01-2007 on first reading, order it published, public hearing set for Monday, January 22,2007 at 7:00 p.m. in the City Council Chambers, that Section 9 of the Ordinance shall not take effect until Jefferson County implements a countywide licensing system for dogs and the Intergovernmental Agreement concerning the use of the licensing program's licensing fees has been executed by all parties to that agreement, and that the remainder of the Ordinance take effect 15 days after final publication; seconded by Mr. Stites; carried 5-1 with Mr. Womble voting no. DECISIONS. RESOLUTIONS. AND MOTIONS Item 2. RESOLUTION 01-2007 - APPROVING THE ADOPTION OF THE AMENDED AND RESTATED CITY OF WHEAT RIDGE MONEY PURCHASE PENSION PLAN FOR DESIGNATED POLICE DEPARTMENT EMPLOYEES FOR THE PURPOSE OF STREAMLINING THE PLAN DOCUMENT, REMOVING INCONSISTENCIES AND PLAN PROVISIONS NOT APPLICABLE TO GOVERNMENTAL PENSION PLANS, PERMITTING ADDITIONAL FLEXIBILITY IN PLAN OPERATION AND REDUCING FUTURE COSTS TO MAINTAIN THE PLAN'S TAX- QUALIFIED STATUS. Resolution 01-2007 was introduced by Mr. Womble. City Clerk read the Executive Summary. CITY COUNCIL MINUTES: January 8, 2007 Page -3- Motion by Mr. Womble to approve Resolution 01-2007; seconded by Mrs. Sang; carried 6-0. Item 3. RESOLUTION 02-2007 - APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE CITY OF WHEAT RIDGE AND THE JEFFERSON COUNTY EMERGENCY TELEPHONE SERVICE AUTHORITY (JCETSA) FOR THE IMPLEMENTATION AND MAINTENANCE OF A GEOGRAPHIC INFORMATION SYSTEM (GIS) REGIONAL MAPPING PROJECT. Resolution 02-2007 was introduced by Mr. Schulz, who also read the executive summary. Motion by Mr. Schulz to approve Resolution 02-2007. I further move to authorize the City Attorney to work directly with the 911 Authority Board to approve any necessary revisions agreed upon by all parties involved; seconded by Mr. Womble; carried 6-0. Item 4. RESOLUTION 03-2007 - APPROVING A FREQUENCY RECONFIGURA TION AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE, THE CITY OF LAKEWOOD AND NEXTEL WEST CORPORATION TO RECONFIGURE THE 800 MHZ BAND TO MINIMIZE HARMFUL INTERFERENCE TO PUBLIC SAFETY RADIO COMMUNICATIONS SYSTEMS IN THE BAND (URECONFIGURATION"). Resolution 03-2007 was introduced by Mr. Stites, who also read the executive summary. Motion by Mr. Stites to approve Resolution 03-2007; seconded by Mrs. Sang; carried 6-0. Item 5. Motion to accept the Findings of Fact for Applewood Baptist Church. Item 5 was introduced by Mr. Stites, who also read the executive summary. Mr. Womble stated he has to abstain from voting because he was not present at the public hearing. Mr. Dahl stated that all Councilmembers present unanimously consented that Mr. Womble be allowed to abstain from voting. Mr. Dahl advised Councilmembers and the audience that in quasi-judicial matters outside of a public hearing, Councilmembers are instructed by him not to communicate with proponents or opponents of any particular item. In a matter where there is also threatened litigation, he advises Councilmembers not to communicate with people or to take statements from people on matters that are still subject to litigation. CITY COUNCIL MINUTES: January 8,2007 Page -4- Motion by Mr. Stites to approve the written findings and decision in Case No. SUP-06- 04, denying the application of Applewood Baptist Church for a Special Use Permit; seconded by Mrs. Adams; carried 4-1 with Ms. Berry voting no and Mr. Womble abstaining. Ms. Berry stated that she voted to deny the application at the December 11 meeting primarily based upon the scale of the building in a residential neighborhood, but she doesn't agree that the findings in regard to traffic really reflect the record. Mayor DiTullio called for a 5 Minute Recess at 8:19 p.m. Meeting resumed at 8:23 p.m. CITY ATTORNEY'S MATTERS Mr. Dahl referred to his memo and the CML memo regarding Amendment 41. He also distributed update on Olinger case. ELECTED OFFICIALS' MATTERS Mr. Womble thanked staff for the great job on clearing the streets. He had more compliments than complaints and will discuss specific complaints with staff. Ms. Berry questioned the new seating chart the Mayor designed. City Attorney Dahl stated that seating was not addressed in any particular law and unless Council made a Rule change, the Mayor was within his rights to design the seating chart. Mrs. Sang received comments that Public Works did a wonderful job on the snow removal, but had complaints about sidewalks and people having to walk in the street. She had promised her constituents that she would bring this up at the Council Meeting and see if there was any interest in discussing this further. Mrs. Adams asked for de-briefing from Mr. Paranto regarding snow removal. Mr. Schulz also thanked City staff for doing their best during trying times. He gave update on the proposed Gold Line going to about 50th & Ward Road. There will be public meetings to focus on smaller geographic areas and portions of the plan. Call City Hall or Mr. Schulz for details. CITY COUNCIL MINUTES: January 8, 2007 Page -5- Mayor DiTullio spent 2 days on a snow plow and assured citizens that staff worked very hard to clear the streets. Mr. Young stated that the Senior Resource Center in Wheat Ridge provides a volunteer service to clear people's snow. They need more volunteers and he asked that people call in and volunteer. Mr. Womble stated that Jefferson High School and the Kiwanis Club also help Seniors with their snow shoveling. He will get them in touch with the Senior Resource Center. Meeting adjourned at 8:47 p.m. (\ \ ~'.. ~"-r~\,;~\C"_:~\ <:: ) Christa Jones, Acting City Clerk \,1 APPROVED BY CITY COUNCIL ON JANUARY 22, 2007 BY A VOTE OF <v to c- ~ \)ll,-/~~~t~ Mike Stites, Mayor pro tem The preceding Minutes were prepared according to ~4 7 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.