HomeMy WebLinkAboutCity Council Minutes 07/14/2008
arr__~
CITY OF WHEAT RIDGE, COLORADO
Julv 14. 2008
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members
present: Karen Adams, Karen Berry, Tracy Langworthy, Lena Rotola, Wanda Sang, Mike
Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy
Young; City Attorney, Gerald Dahl; City Treasurer, Larry Schulz; Director of Public Works, Tim
Paranto; Director of Parks & Recreation, Joyce Manwaring; staff; and interested citizens.
Council Member Dean Gokey was absent.
APPROVAL OF MINUTES OF June 23. 2008 and Julv 7.2008
Motion by Mrs. Sang for approval of the Minutes of June 23, 2008; seconded by Mr. Stites;
carried 6-0 with Ms. Berry abstaining due to her absence at the meeting;
Motion by Mrs. Sang for approval of the Minutes of the Special Meeting of July 7, 2008;
seconded by Mr. Stites; carried 6-0 with Mr. Womble abstaining due to his absence at the
meeting.
PROCLAMATIONS AND CEREMONIES
Mayor's Public Art Funding - Campaign Kickoff!!!
Mayor DiTullio distributed brochures to City Council and related how he and Mr. Abbott came
up with the idea of starting this project.
The following letter was read into the record by City Clerk Michael Snow:
Dear Wheat Ridge Stakeholder,
We hope this letter finds you and your family well. While there has been talk about the benefit of public art
to our City, there has not been a lot of movement to engage our citizens, our business community, our
Cultural Commission or our local artists into the public art process. There are many tangible benefits and
there is a lot of "pop" in public art.
The Mayor's Office, along with various volunteer citizens, has engaged local and Wheat Ridge artist Kevin
Robb to create a sculpture for public art. To purchase the sculpture, we are initiating a fundraising effort
within our community. Our Cultural Commission will be determining the final sculpture (see Kevin Robb
Studios insert) through their established processes. The Cultural Commission has developed a short list of
locations within the City and will also be determining the final location for the sculpture that will have most
visibility and "pop" for our community.
We have committed to raise $50,000 to purchase the sculpture through private and public donations. We
have also engaged the Wheat Ridge Foundation in this effort. The Wheat Ridge Foundation will safely hold
CITY COUNCIL MINUTES: July 14, 2008
Page -2-
the donations, similar to the process of funding the synthetic turf fields at Wheat Ridge High School.
Contributions to the Foundation are tax deductible.
We are asking you to help us raise the funds necessary for this outstanding public art project. If this effort is
successful, there is no reason why we cannot build on this; and Wheat Ridge will develop a strong and well
funded public art program. We need your help! Our goal is to have the funds collected within one year or
less of this kickoff campaign. The campaign was kicked off at the July 14" City Council meeting. We have
already personally donated to this cause to help prime the pump!
Please send your tax deductible donation to:
Wheat Ridge Foundation
Attn: Mayor's Office
7500 W. 29" Ave.
Wheat Ridge, CO 80033
Check Payable to: Wheat Ridge Foundation
Check Memo: Public Art Campaign
We enthusiastically encourage you to help us raise personal and civic awareness, regarding the benefits of a
public art program within our community. To paraphrase "Lakewood is Art" IwwwJ.akewoodisArt.com):
"Beyond its enriching economic and personal benefits, public art is a true symbol of a city's maturity. It
increases a community's assets and expresses a community's positive sense of identity. It helps green space
thrive, enhances roadsides, pedestrian corridors, and community gateways; it demonstrates unquestionable
civic and corporate pride in citizenship and affirms an educational environment. A city with public art is a
city that thinks, feels and grows.
Why Public Art?
"The impact of public art on a community is priceless and immeasurable and once experienced it only
appreciates. Public art has the power to energize our public spaces, arouse our thinking, and transform the
places where we live, work, and play into more welcoming and beautiful environments that invite
interaction. Public art can express community values, enhance our environment, transform a landscape,
heighten our awareness, or question our assumptions. Placed in public sites, this art is there for everyone, a
form of collective community expression."
Let's bring excitement to Wheat Ridge. The "Train for Public Art" is leaving the station! Join the Effort!
All aboard!
Please feel free to contact us with any questions. Thank you.
Jerry DiTullio
Mayor, City of Wheat Ridge
ierrvditullio@lcomcast.net
Tom Abbott
2007 Wheat Ridge Volunteer of the Year
tomisabbott@laol.com
Tom Abbott stated he is really excited about this project and he is looking forward to
working with Mayor DiTullio.
Mayor DiTullio presented a personal check in the amount of $1,000 to the Wheat Ridge
Foundation through Joyce Manwaring, while Mr. Abbott promised a personal donation of
$2,500 to be donated this week.
CITY COUNCIL MINUTES: July 14, 2008
Page -3-
CITIZENS' RIGHT TO SPEAK
Cheryl Brungardt, chair of the WR Housing Authority, announced that the last Parkside
unit has been sold and that a duplex will be coming on the Market at the end of this
week on Allison; they also have a 2-bedroom and a 4-bedroom on Parfet Street.
Information is on the City's website and Channel 8. She thanked City Council for
granting them money to leverage a grant from the State Division of Housing.
Rob Osborn spoke on behalf of Wheat Ridge 2020, to provide citizens a briefing on the
programs and progress the organization is engaged in to revitalize Wheat Ridge. Mr.
Osborn's presentation is included in this packet.
Mr. Osborn thanked Mrs. Sang for her donation of the Wine & Dine facility fees on
October 2, 2008.
Item 1.
CONSENT AGENDA
A.
Resolution 34-2008 - A Resolution approving an Intergovernmental
Agreement (IGA) between the Jefferson County Department of Health and
Environment and the City of Wheat Ridge for Cooperative Mosquito
Management Program in the amount of $6,567.00.
B. Resolution 35-2008 - A Resolution approving an Intergovernmental
Agreement (IGA) between the City and County of Denver and the City of
Wheat Ridge for the Provision of Services and Aid in Preparation for and
during the Democratic National Convention.
C. Resolution 36-2008 - approving a Contract with the Colorado Department of
Transportation for Installation of Pedestrian/School Crossing Improvements at
44th and Miller Street.
D. Authorize the use of XCEL funding to bury XCEL Electric Power Lines on
Kipling Street adjacent to the proposed park at 38th Avenue and Kipling
Street.
E. Approval of Award ITB-08-24 UV Installation at the Recreation Center Pools
in the total amount of $49,970.00 to CEM Sales and Service, Englewood,
Colorado.
F. Cancellation of July 21,2008 City Council Study Session.
Consent Agenda was introduced and read by Mr. Stites.
Motion by Mr. Stites for approval of the Consent Agenda; seconded by Mrs. Rotola;
carried 7-0.
CITY COUNCIL MINUTES: July 14, 2008
Page -4-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
Council Bill 02-2008 - An Ordinance Amending Code Of Laws Section 26-
711, concerning Billboards in the B-2 Billboard District And Repealing
Section 26-711.B (Public Hearing continued from 2/25/2008, 4/14/2008,
and 6/9/2008).
Mayor DiTullio continued the public hearing.
Council Bill 02-2008 (Ordinance 1408) was introduced on second reading by Ms. Berry,
who read the Executive Summary.
City Attorney, Jerry Dahl, presented the staff report.
Steve Gurr, attorney, representing CBS Outdoor, spoke on behalf of various proposed
changes in the Ordinance and in Staffs recommendations. Mr. Gurr expressed
opposition to the Ordinance based on the risk it poses to the existing Billboard structure
owners vested rights. The Ordinance gives a property owner the ability to abandon
these rights without anybody knowing about it. This could lead to a taking claim against
the City.
Steve Richards, Manager of Mile High Outdoor, spoke in opposition to the ordinance
and urged Council not to approve it. Mr. Richards believes the Ordinance gives
property owners the right to strip business owners of their permit rights.
Dan Scherer, General Manager of CBS Outdoor, spoke in opposition to the Ordinance
and give extensive history of the process that culminated in this proposed Ordinance.
He and his company believe this is unconstitutional. Eliminate litigation.
Tom Abbott, spoke in favor of passage of the Ordinance with the "Option B" changes
proposed in the Council Packet; believes the CBS Outdoor actions have caused the
confusion on the matter; believes the Ordinance gives property owners the ability to
leverage healthy competition in the Billboard industry; property owners should have the
right to compete for the usage of their property; requests that Council approve the
Ordinance and the proposed Staff changes in "Option B".
Shawn Baker, future potential billboard owner or property owner, has been leasing
properties for 25 years; agrees with recommendations to approve the Ordinance;
opposes changing the number of billboards in WR from 16 to 18. He would like to
increase the setback requirements.
Mayor Di Tullio asked Mr. Snow to read the Mayor's e-mail into the record. The e-mail
was mailed to Council and staff and reads as follows:
CITY COUNCIL MINUTES: July 14,2008
Page -5-
Council,
I wanted to share an e-mail with you that I sent to Councilmember Adams a few days ago:
Jerry Dahl will give the staff report for the Ordinance Monday night. All things considered, staff and I are
recommending "Option B" with the amendments listed in the packet. I think I need to veto the Ordinance
if any amendments are passed Monday night that remove the property owners from control. Sorry about
thatooCall me if you have any questions. I've become closer to the Billboard Ordinance more than I ever
wanted to. @
The public hearing has been continued on several occasions so I will:
1. Allow Jerry Dahl to make a quick staff report.
2. Take any additional public comment.
3. Council questions/comments.
4. Close the public hearing.
5. Call for a motion.
I strongly encourage Council to pass "Option B" with all amendments recommended by staff and to allow
the tow (2) new billboards. Old code allowed 16 and the new ordinance allows 18 along the I- 70
corridor. Allowing the two (2) new billboards will exercise the new processes and open up the market
somewhat, which has been closed for a long time. I will bring copies of this e-mail Monday night and ask
the Clerk to read into the record. This issue is NOT quasi-judicial.
Thanks
Mayor Jerry DiTullio
Mr. Dahl recommended, based on Council comments, that a motion be made to
postpone indefinitely the proposed Ordinance.
Mayor DiTullio closed the Public Hearing.
Motion by Ms. Berry to postpone indefinitely Council Bill 02-2008, Ordinance 1408;
seconded by Mr. Womble and Mrs. Rotola; carried 7-0.
ORDINANCES ON FIRST READING
Item 3.
Council Bill 11-2008 - An Ordinance amending Sections 17.22 and 17.32
of the Wheat Ridge Code of Laws concerning restrictions of use of Lakes
and Waterways within the City.
Council Bill 11-2008 was introduced on first reading by Mrs. Langworthy who read the
Executive Summary.
Motion by Langworthy to approve Council Bill 11-2008 on first reading, order it
published, public hearing set for Monday, July 28, 2008 at 7:00 p.m. in the City Council
Chambers, and that it take effect 15 days after final publication;
I further move to add definition of Waterways, which reads "Section 17-1 Waterway means the
portions Lena Gulch and Clear Creek within City limits"
seconded by Mrs. Rotola; carried 7-0.
CITY COUNCIL MINUTES: July 14, 2008
Page -6-
Item 4.
Council Bill 12-2008 - An Ordinance amending Article IX of the Wheat
Ridge Code of Laws concerning Historical Landmark Designation.
(Case No. ZOA-08-03)
Council Bill 12-2008 was introduced on first reading by Mr. Stites, who read the
Executive Summary.
Motion by Mr. Stites to adopt Council Bill 12-2008 on first reading, order it published,
public hearing set for Monday, July 28, 2008 at 7:00 p.m. in the City Council Chambers,
and that it take effect immediately after final publication; seconded by Mrs. Sang;
carried 6-1 with Mr. Womble voting No.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 5.
Public Meeting on 2009 Budget.
Item 5 was introduced by Mrs. Sang, who read the Executive Summary.
No citizens were present to speak on the 2009 City Budget.
Item 6.
Resolution 37-2008 - A Resolution approving a Memorandum of
Understanding among Metro Denver's Cities and Counties promoting
Health and Wellness.
Resolution 37-2008 was introduced by Mrs. Sang. Michael Snow read the executive
summary.
Motion by Mrs. Sang to approve Resolution 37-2008; seconded by Mr. Womble and
Mrs. Rotola; carried 7-0.
ELECTED OFFICIALS' MATTERS
Mrs. Rotola related the new pool is very popular and a great success; congratulations to
Joyce Manwaring and her staff for the hard work in bringing the new pool to the City.
Mr. Stites asked all citizens to try to do one new positive thing for the City and its
citizens; find and buy it in Wheat Ridge.
Councilmembers sent good wishes to Jim Payne and family and Mr. Gokey and family.
CITY COUNCIL MINUTES: July 14, 2008
Page -7-
Mr. Womble supports Mr. Stites' goal to help people in the community. He is very
pleased with the direction the City is taking concerning Art and thanked the Mayor and
Tom Abbott for the Public Art Funding Campaign.
Mayor DiTullio announced the citizen bus tour for the WR2020 rehabilitated properties
on Saturday, July 19th, at 10:30 a.m., bus leaving from the Senior/Community Center
located at 35th & Marshall Street. He thanked the Wheat Ridge Housing Authority and
WR2020 for their status reports under public comment.
He stated that fireworks are illegal in the City of Wheat Ridge; please remember your
civic duty to not use illegal fireworks due to fire safety hazards; The Police Department
committed additional personnel to staffing the Patrol Operations Division during this
holiday weekend.
On Friday July 4th, and Saturday July 5th the department scheduled two (2) additional
officers on overtime to assist with the call load.
This was in addition to the normal compliment of officers assigned for regular patrol
duties. These officers were assigned to work from 8:00 p.m. to 2:00 a.m. During this
time frame, the department had approximately 13-14 patrol officers working, as well as
two supervisors.
During the Fourth of July holiday, the department handled 544 calls for service, 80 of
these were firework complaints. One of these calls for service was related to a fire
directly related to the illegal use of fireworks.
He commended the work of the Wheat Ridge Police Department over the 4th of July
weekend and reminded citizens that the improper use of fireworks places first
responders (police and fire personnel) at unnecessary risk due to emergency responses
to complaints attributed to the illegal use of fireworks.
Meeting adjourned at 8:34 p.m.
~
Michael Snow, City Clerk
APPROVED BY CITY COUNCIL ON JULY 28, 2008 BY A VOTE OF .!:2- to ---.Cl..
_\\i('~_\~l\0-
Mike Stites, 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.