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HomeMy WebLinkAboutCity Council Minutes 08/27/2007 mY~.wB CITY OF WHEAT RIDGE, COLORADO Auaust27,2007 Mayor DiTullio called the Regular City Council Meeting to order at 7:02 p.m. Councilmembers present: Karen Adams, Karen Berry, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, Dean Gokey and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy Young; City Attorney, Gerald Dahl; Acting Director of Community Development, Sally Payne; Director of Public Works, Tim Paranto; Police Chief, Dan Brennan; staff; and interested citizens. APPROVAL OF MINUTES OF Auaust 13, 2007 Motion by Council Member Sang for approval of the Minutes of August 13, 2007; seconded by Council Member Schulz; carried 7-0 with Council Member Gokey abstaining. PROCLAMATIONS AND CEREMONIES MADD Award Presentation (Becky Lane-Ramsey) Chief Brennan introduced Wheat Ridge Police Lt. Becket and Becky Lane-Ramsey. Mrs. Lane-Ramsey commended the WRPD on their support for and the benefits to MADD with the positive relationship they have with MADD. CITIZENS' RIGHT TO SPEAK No citizens were present to speak. CITY COUNCIL MINUTES: August 27,2007 Page -2- Item 1. CONSENT AGENDA A. RESOLUTION 34-2007 DECLARING COMPLIANCE WITH C.R.S. 29-29-101, ET. SEa. CONCERNING COOPERATION WITH FEDERAL OFFICIALS IN REGULATING IMMIGRATION STATUS RESOLUTION. B. Approval of the Closure of 38th Avenue from Pierce Street to Wadsworth Boulevard for the Wheat Ridge Taste of the Arts Festival and Request for Financial Assistance in the Amount of $7,500. Consent Agenda was introduced and read by Council Member Stites. Motion by Council Member Stites for approval of the Consent Agenda, item A; seconded by Council Member Sang; carried 8-0. Motion by Council Member Gokey to approve the closing of 38th Avenue from Pierce Street to Wadsworth Boulevard from 5:00am September 15, 2007 until 12:00am September 16, 2007 for the Wheat Ridge Taste of the Arts Festival. I further move to approve the Police Department providing security and traffic control for the Festival. I further move to approve the Public Works Department providing street sweeping for the Festival. I further move to approve Resolution 35-2007, a resolution amending the fiscal year 2007 General Fund Budget to reflect the approval of a supplemental budget appropriation for the funding for the Wheat Ridge Taste of the Arts Festival in the amount of $7,500.00. Motion seconded by Council Member Womble; carried 8-0. CITY COUNCIL MINUTES: August 27, 2007 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Page -3- Item 2. RESOLUTION 06-2007 - A RESOLUTION ADOPTING THE WADSWORTH CORRIDOR SUBAREA PLAN. Resolution 06-2007 was introduced by Council Member Berry, who read the Executive Summary. Mayor DiTullio opened the public hearing. Mayor DiTullio read aloud an anonymous letter sent to residences in the area of the Corridor Plan and spoke to the inaccuracies in the letter and answered many questions citizens had regarding the implications and impacts the Plan may have. Council Member and Mayor Pro-Tem, Mr. Stites, spoke in response to another anonymous letter which the Council believes makes inaccurate accusations. Council Member Schulz made comments to the audience regarding the inflammatory letters circulating the City and urged everyone to help the City build a positive and trusting relationship with the community by not giving credence to such tactics and instead participating in open discussion with Council. Sally Payne presented the staff report. The following citizens spoke regarding the Plan: David Ohmart, Jane LaPean, Patricia Fisher, Catherine Campbell, Jack Kent- Anderson, Tony Carpenter, Betty Hamplemen, Debbie Fidrich, Christine Disney, Louise Turner, Tom Slattery, Kent Davis, Gretchen Cerveny, Michael Cunningham, Joanne Fisher, Kevin Allason, Renee Bergstrom, and Kim Calomino. Concerns and issues expressed regarding the Plan included, but were not limited to: citizens have not been receiving notices; few people were informed who have houses within the Plan area; the Plan states it will supersede the 1999 Plan; it adopts NRS recommendations, which states that Council will have to consider condemnation; homes in the area of the Plan are susceptible to condemnation by future Councils; higher- density development will not attract affluent citizens to Wheat Ridge; other high-density areas in the City are rife with crime, blight, trash and other problems; the plan puts a new traffic light right in front of many peoples' existing homes; the plan affects homeowners' ability to sell their homes when, for how much, and to whom they wish; future development possibilities, particularly big-box stores, will prompt Council to condemn properties along the corridor; citizens of Wheat Ridge like the atmosphere it currently has - this plan changes that drastically; widening Wadsworth between 1-70 and 29th Ave doesn't solve the traffic problem when it still needs widening south of the corridor; the City needs to add features and amenities to the City to attract a strong community, rather than more residences; the Plan will affect people and properties, once it is passed; the proposed Plan automatically suggests that Council will do rezoning, density increases and condemnations; businesses and homeowners were disregarded in considering this Plan; it is strongly recommended that Council consider CITY COUNCIL MINUTES: August 27,2007 Page -4- the two amendments proposed by the Wheat Ridge Planning Commission; the 150 foot width is not needed along the bulk of the corridor in the Plan; the minimum, 130 foot width needed for CDOT's requirement is all that is needed in this Plan; a 10-foot sidewalk is unnecessary for the users that live in WR and presents a danger when it's big enough for bicyclists riding by these pedestrians; citizens of WR prefer the larger yards and atmosphere afforded by low-density living; the Plan will affect the noise levels and pollution around the homes; homeowners have no protection in this Plan that they will be forced to sell against their wishes; a 150-foot width ends up in many homeowners' backyards; many young families from the Highlands neighborhood are looking to WR for a good place to raise their families, and the Council should consider attracting them and other non-rental residents. Support and commendations for the Plan included, but were not limited to: Council is commended on their work to bring improvements to the area at the SE corner of 44th & Wadsworth, where there has been a vacant lot, empty buildings and a remnant concrete pad for many years; the most important thing is to get this (the Plan) passed and get it in front of CDOT to put pressure on them to begin plans for improvements and get it on the DRCOG list of priorities; the Plan supports providing CDOT ideas about how Wheat Ridge wants it developed; the plan was developed with direct input from the community, WR2020 and the considerations in the NRS; citizens encourage and support Council in their efforts to improve the economic condition of WR; the Plan's high-density is not as high a density as exists in other, neighboring cities; the Plan proposes development that will attract economically strong households. Mayor DiTullio closed the public hearing. Motion by Council Member Berry to adopt Resolution 06-2007, a resolution adopting the Wadsworth Corridor Subarea Plan with the following amendments: Strike, last sentence of paragraph 3.7, page 14: If densities of over 21 units per acre were to be considered, a City Charter amendment would be required. Strike instances of 'not to exceed 150 feet'; Insert '150 feet or less'. Seconded by Council Members Gokey and Rotola ; carried 8-0. Mayor DiTullio called for a break at 9:08pm, to reconvene at 9:20pm. CITY COUNCIL MINUTES: August 27, 2007 Page -5- Item 3. COUNCIL BILL 17-2007 -AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF CITY CLERK. Council Bill 17 -2007 was introduced on second reading by Council Member Sang, who read the Executive Summary. City Clerk Michael Snow assigned Ordinance No. 1397. Mayor DiTullio called for another 5-minute break at 9:24 to locate Council Member Gokey. Mayor DiTullio opened the public hearing. Michael Snow spoke in favor of the increased compensation to the office of City Clerk because he believes a more favorable salary and benefits is necessary to attract and retain quality candidates for the office. Mayor DiTullio closed the public hearing. Motion by Council Member Sang to adopt Council Bill 17 -2007, an ordinance prescribing the compensation for the Office of City Clerk for terms commencing on and after the November 6, 2007 regular municipal election, on second reading, and that it take effect fifteen days after final publication; seconded by Council Member Gokey. Motion by Council Member Gokey to Amend the Ordinance to restore the Clerk's salary to the 2001 level of $37,000, and for the salary increase to be implemented in fiscal year 2008; seconded by Council Member Sang; failed 5-3 with Council Members Gokey, Sang and Stites voting Yes. Original Motion by Council Member Sang carried 5-3, with Council Members Rotola, Adams and Berry voting No. Item 4. COUNCIL BILL 18-2007 -AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF TREASURER. Council Bill 18-2007 was introduced on second reading by Council Member Stites, who read the Executive Summary. City Clerk Michael Snow assigned Ordinance No. 1398. Mayor DiTullio opened the public hearing. Larry Schulz stated that regardless whether Council passes this ordinance to grant benefits to the position, based on his financial situation, he would not be taking advantage of the granted benefits. CITY COUNCIL MINUTES: August 27, 2007 Page -6- Mary Cavarra, the current City Treasurer, stated that it was a positive step that Council was for the first time, considering the City Clerk's and Treasurer's compensation independently, as they are very different jobs today. She also stated that an increased compensation could attract better candidates in the future, but it could also attract unqualified candidates who are interested only in the employee benefits. Mayor DiTullio closed the public hearing. Motion by Council Member Stites to adopt Council Bill 18-2007 , an ordinance prescribing the compensation for the Office of Treasurer for terms commencing on and after the November 6, 2007 regular municipal election, on second reading, and that it take effect fifteen days after final publication; seconded by Council Member Sang; tied 4-4 with Council Members Womble, Adams, Rotola and Berry voting No and Council Members Gokey, Sang, Schulz and Stites voting yes; Mayor DiTullio broke the tie in favor; Motion carried 5-4. Item 5. COUNCIL BILL 20-2007 - AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF MAYOR. Council Bill 20-2007 was introduced on second reading by Council Member Berry, who read the Executive Summary. City Clerk Michael Snow assigned Ordinance No. 1399. Mayor DiTullio opened the public hearing. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Council Member Berry to adopt Council Bill 20-2007, an ordinance prescribing the compensation for the Office of Mayor for terms commencing on and after the November 3, 2009 regular municipal election, on second reading, and that it take effect fifteen days after final publication; seconded by Council Member Sang and Gokey; carried 5-3, with Council Members Womble, Adams and Rotola voting No. CITY COUNCIL MINUTES: August 27,2007 ORDINANCES ON FIRST READING Item 6. Page -7- COUNCIL BILL 21-2007 - AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF CITY COUNCIL. Council Bill 21-2007 was introduced on first reading by Council Member Gokey. Motion by Council Member Gokey to approve on first reading, Council Bill 21-2007 prescribing compensation for the Office of City Council for terms commencing on and after the general election of November 6, 2007, order it published, public hearing set for Monday, September 10, 2007 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Council Member Sang; tied 4-4 with Council Members Womble, Adams, Rotola and Berry voting No and Council Members Gokey, Sang, Schulz and Stites voting yes; Mayor DiTullio broke the tie in favor; Motion carried 5-4. Item 7. COUNCIL BILL 22-2007 - AN ORDINANCE AMENDING CHAPTER 22, DIVISION 2 CONCERNING SALES TAX, OF THE WHEAT RIDGE CODE OF LAWS TO AUTHORIZE RETAILERS TO USE AN ELECTRONIC DATABASE CERTIFIED BY THE STATE DEPARTMENT OF REVENUE TO DETERMINE THE JURISDICTIONS TO WHICH TAX IS OWED. Council Bill 22-2007 was introduced on first reading by Council Member Adams. Motion by Council Member Adams to approve Council Bill 22-2007 on first reading, order it published, public hearing set for Monday, September 10, 2007 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Council Member Stites; carried 8-0. Item 8. COUNCIL BILL 23-2007 - AN ORDINANCE AMENDING THE REQUIREMENTS FOR ADOPTING A COMPETITIVE CABLE FRANCHISE APPLICATION, REVIEW AND EVALUATION PROCESS IN CONNECTION WITH ANY FRANCHISE APPLICATION SUBMITTED PURSUANT TO SECTION 76.41 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS. Council Bill 23-2007 was introduced on first reading by Council Member Adams. Motion by Council Member Adams to approve Council Bill 23-2007 on first reading, order it published, public hearing set for Monday, September 10, 2007 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Council Member Stites; carried 8-0. CITY COUNCIL MINUTES: August 27,2007 Page -8- DECISIONS, RESOLUTIONS AND MOTIONS Item 9. RESOLUTION 33-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR A LOAN TO THE WHEAT RIDGE URBAN RENEWAL AUTHORITY FOR THE PURCHASE OF PROPERTY LOCATED AT 7540 W. 44TH AVENUE IN THE AMOUNT OF $1.5 MILLION. Resolution 33-2007 was introduced by Council Member Stites, who read the Executive Summary. Motion by Council Member Stites to approve Resolution 33-2007; I further move that the loan only be processed if the Wheat Ridge Urban Renewal Authority is unable to obtain other financing to purchase the property located at 7540 W. 44th Avenue in the time required. I further move to authorize the Mayor to enter into any loan promissory agreement with the Urban Renewal Authority regarding the property located at 7540 W. 44th Avenue. Motion seconded by Council Members Schulz and Gokey; carried 8-0. Item 10. Urban Renewal Authority Appointments. Motion by Council Member Schulz to ratify the mayoral appointment of Tom Radigan to the Urban Renewal Authority, term to expire November, 2009; seconded by Council Member Gokey; carried 8-0. Motion by Council Member Schulz to ratify the mayoral appointment of Walt Pettit to the Urban Renewal Authority, term to expire November, 2012; seconded by Council Members Sang and Adams; carried 8-0. Motion by Council Member Schulz to ratify the mayoral appointment of Rick Adams to the Urban Renewal Authority, term to expire November 2012; seconded by Council Members Rotola and Stites; carried 7-0-1, with Council Member Adams abstaining. Item 11. Parks and Recreation Commission Appointment. Motion by Council Member Berry to appoint Beth McBride to the Wheat Ridge Parks & Recreation Commission, term to expire March, 2010; seconded by Council Members Schulz and Womble; carried 8-0. CITY COUNCIL MINUTES: August 27, 2007 ELECTED OFFICIALS' MATTERS Page -9- Mr. Stites urged citizens to have a safe holiday and to "find it and buy it in Wheat Ridge". Mr. Schulz congratulated Martin Perceval for the opening of the Martin Perceval School of Irish Dance, located on 32nd Ave in Wheat Ridge. Mr. Gokey thanked the unidentified man who helped him bring out members of District II to attend their district meeting. Mr. Gokey also thanked Wanda Sang for her assistance in having the district meeting, given her husband's condition. Ms. Berry welcomed and congratulated the Martin Perceval Irish Dance School for their recent opening. Ms. Berry also thanked the organizers for the successful Carnation Festival and to citizens for attending the meeting tonight and participating in the process of adopting the Wadsworth Corridor Plan. Ms. Berry further encouraged everyone to continue to stay involved and express their opinion and ideas in the process. Mr. Womble congratulated and thanked the organizers of the Carnation Festival success, specifically Mike Baran for his hard work. Mr. Womble also thanked Reef Abbott, and City staff for their help in making it a success. Mayor DiTullio thanked Carnation Festival organizers, including 14-year old Wheat Ridge High School student, Mike Meyers, who helped on the organizing committee. Mr. DiTullio also congratulated and welcomed the Martin Perceval Irish Dance School for their opening in Wheat Ridge. Mr. DiTullio noted the rehabilitation the proprietors made of the building. Meeting adjourned at 10:12p.m. ~_.~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON September 10,2007 BY A VOTE OF l to ~ m))~:s~ Mik~J~tites, Mayor pro tem The preceding Minutes were prepared according to 947 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.