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HomeMy WebLinkAboutCity Council Minutes 07/28/2008 afIi~~ CITY OF WHEAT RIDGE, COLORADO Julv 28. 2008 Mayor DiTullio called the Regular City Council Meeting to order at 7:02 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; Chief of Police, Dan Brennan; Planner, Meredith Reckert; staff; and interested citizens. Council Member Dean Gokey was absent. APPRQVA,L OF MINUTES OF Julv 14. 2008 Motion by Mr. Stites for approval of the Minutes of July 14, 2008; seconded by Mrs. Sang; carried 7-0. PROCLAMATIONS AND CEREMONIES Mayor DiTullio read to Council a note of thanks from Lisa Griffin-Seidel and the Wheat Ridge Piranhas Swim Team with regards to the new Anderson Pool; He handed each member of Council a water bottle from the team. Mayor DiTullio asked Mrs. Wheat Ridge, Karen Thaler, to read City proclamations: Proclamation for Relay for Life. Mrs. Wheat Ridge read the proclamation. The City proclaimed August 15-16, 2008 as "Relay for Life" Days. Wheat Ridge High School student, Tom Meiers, thanked the City for their support and encouraged all citizens to participate in the event at Everitt Middle School. Proclamation for 2008 National Night Out. Mrs. Wheat Ridge read the proclamation and announced the National Night Out event in Wheat Ridge on August 5th, 2008. Police Chief Dan Brennan also spoke of the exciting activities to take place at the kickoff event hosted by the Wheat Ridge Police Department on August 4th, 2008 from 4-8pm in Hayward Park and at the Police Department and encouraged adults and children to participate to see how the Wheat Ridge Police Department fights crime. CACP Pioneer Policing Award. Steve Hasler, City of Lone Tree Police Chief and President of the Colorado Association of Chiefs of Police, presented the award to Chief Brennan and the Wheat Ridge Police Department. The award was given for the innovative training program "Communication and Response Strategies For Peer Counselors", designed to help at-risk High School Students; Chief Brennan recognized the members of the Police Department, especially Sergeants Joe Cassa and Paula Balafas and the Counselors of Wheat Ridge High School for their key contributions to making this program happen. CITY COUNCIL MINUTES: July 28, 2008 Page -2- The City's 5th Annual Business Awards were introduced my Mayor DiTullio. The following awards were given: . Cultural Commission Award to Harriet's Treadle Arts; presented by Terry Womble and accepted by Owners Harriet & Carrie Hargrave. . Vision Award to The Digital Frontier, presented by Lena Rotola and accepted by Owner Mark Scott. . Reinvestment Award to Seyfer Automotive; presented by Mike Stites and accepted by Don Seyfer. . Volunteer of the Year Award to Loretta DiTirro Schwankl; presented by Karen Adams. . Small Business Award to Beds-n-Biscuits; presented by Tracy Langworthy and accepted by Owner Rex John. . Business of the Year to PrimeStar Solar, presented by Wanda Sang and accepted by Mark Audle. . City Council's Partnership Award to First Bank of Wheat Ridge; presented by Karen Berry and accepted by Bank President Denise Weidel. . Mayor's Business and Youth Partnership Award to Village Inn; presented by Mayor DiTullio and accepted by Tim and Paula, who are Village Inn managers. Mayor DiTullio called for a Break and Reception for the Business Awardees at 7:44pm; to resume at 8:07pm. CITIZENS' RIGHT TO SPEAK Tom Radigan encouraged the Council to postpone final decisions on the plans for the development of the Park at 38th & Kipling until the Wheat Ridge Urban Renewal Authority completes their Blight Study of the Kipling Corridor and a comprehensive strategy for the area has been established. Joelle Hedden read a letter to Council on behalf of the Animal Welfare Commission's concern and expressed need for new and updated facilities at the Table Mountain Animal Shelter. The letter encouraged all to visit the facility to see how badly a new building is needed and asked the Council to support allocating dog licensing revenues in excess to the established percentage to the TMAC Building Fund as opposed to the City's General Fund. Claudia Worth told Council the story of a group of 50 children who, on July 23rd, 2008, visited Wheat Ridge's Harvest Christian Church from their sister church, First Reform Church of Warren City, Iowa and performed community service work over the weekend. Mrs. Worth also provided Council updated fliers for the Wheat Ridge Historic Park. Doug Saba, acting Wheat Ridge Fire Chief, provided an update to Council and the Community on the department's status on Response and District Operations. CITY COUNCIL MINUTES: July 28, 2008 Page -3- Karen Thaler updated the Council and the community on the funding for the Wheat Ridge Carnation Festival taking place Aug 14-16 and asked the Council and community members for contributions to fund the festival. Donations may be made to the Wheat Ridge Carnation Festival or the Wheat Ridge Foundation and mailed to P.O. Box 1511, Wheat Ridge, Co 80034. Donations are tax deductible if it is noted on the check to be a donation for the Wheat Ridge Festival. Tom Meiers informed the community and Council of a fundraising event for Relay For Life which will take place July 31st, 2008 from 5-10pm at Baskin Robbins, 3912 Wadsworth Blvd. Baskin Robbins will donate 20% of ice cream sales revenue that night to the Relay for Life cause. Funds will be used for Cancer Research, Education, Patient Services & Advocacy. More information can be found online at www.WheatRidaeRFL.com. Roger Loecher, spoke about citations he'd recently received for weed height violations on his property, claiming that they were not over 12" in height. Mr. Loecher also provided Council photographs showing weeds on City property adjacent to his that are in violation of the weed height limits. Item 1. CONSENT AGENDA A. Resolution ;?8-200~ - Amending the fee schedule for criminal justice records of the Wheat Ridge Police Department and the Wheat Ridge Municipal Court. B. Resolution 39-2008 - Amending the fiscal year 2008 budget to reflect the approval of a supplemental budget appropriation in the amount of $7,344.00 for the renewal of the annual maintenance agreement for the Channel 8 Community Bulletin Board Software. C. Approval of Award ITB-08-27 2008 Minor Street Improvements Project in the total amount not to exceed $182,273.51. D. Motion to accept Right-of-Way at southeast corner of West 32nd Avenue and Youngfield Street. Consent Agenda was introduced and read by Mr. Stites. Motion by Mr. Stites for approval of the Consent Agenda; seconded by Mrs. Sang and Mrs. Langworthy; carried 7-0. CITY COUNCIL MINUTES: July 28, 2008 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING. Page -4- Item 2. Council Bill 10-2008 - An Ordinance authorizing the approval of a change of zoning conditions on property zoned planned commercial development and for approval of an amended outline development plan at 6340 W. 38th Avenue. (Case No. WZ-08-02/Shaw Sign for Highland South and West) Mayor DiTullio opened the Public Hearing. Council Bill 1 0-2008 was introduced on second reading by Mr. Womble. City Clerk Michael Snow assigned Ordinance No. 1414. Mayor DiTullio swore in all speakers at once. Ms. Reckert presented the staff report (attached to this packet) and submitted into record the City's Comprehensive Plan. Jonathon Harshaw, representing the Highland West and Highland South properties, spoke in favor of the proposed changes in the zoning conditions. Mayor DiTullio closed the public hearing. Motion by Mr. Womble to approve Council Bill 10-2008 (Ordinance 1414) on second reading for the following reasons: 1. The sign is an appropriate amendment for the site in that it is proportionate to the northern structure on the property. 2. The sign code does not distinguish between a three unit multi-family development or one of this size which has 237 units. 3. The proposed sign would be an investment in the property. With the following conditions incorporated into the plan set prior to recording: 1. The title be corrected to reference Highland South Planned Residential Development. 2. The legal description be corrected. 3. A note be added that all other provisions of the existing ODP remain in force. 4. It be noted that the site data table on page one relates only to lot one. Seconded by Mrs. Sang; carried 7-0. Item 3. Council Bill No. 11-2008 - An Ordinance amending Sections 17.1, 17.22 and 17.32 of the Wheat Ridge Code of Laws concerning restrictions of use of Lakes and Waterways within the City. Mayor DiTullio opened the public hearing. Council Bill 11-2008 was introduced on second reading by Mrs. Langworthy. City Clerk Michael Snow assigned Ordinance No. 1415. Chief Brennan presented the staff report. CITY COUNCIL MINUTES: July 28, 2008 Page -5- No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Mrs. Langworthy to approve Council Bill 11-2008 (Ordinance 1415) on second reading and that it take effect 15 days after final publication. I further move to amend the second sentence of subsection 17.32(e)(5) to read "in addition, each watercraft, except for kayaks, shall have on board at least one (1) throw flotation device." Seconded by Mrs. Rotola; carried 7-0. 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) Mayor DiTullio opened the public hearing. Council Bill 12-2008 was introduced on second reading by Mr. Stites. City Clerk Michael Snow assigned Ordinance No. 1416. Ms. Reckert presented the staff report and recommended typographical corrections in Section 3 and Section 9. Claudia Worth pointed out that Section 3 should also include State Historic Designations and asked the Council to amend the Ordinance to reflect this. Charlotte Whetsel, Historical Society President, encouraged Council to take the advice of the Planning Commission to deny this Ordinance. Mrs. Whetsel believed that the Ordinance was proposed out of anger and is detrimental to the City. Doris Ibbison, expressed the desire that the Richards-Hart Estate remain under the direction of the City; urged Council to research carefully what is and should be protected as a Historical property in Wheat Ridge and to deny this Ordinance. John Dwyer spoke against the Ordinance and urged the Council to preserve the Historical Society's role in preservation as a key and necessary element. Mr. Dwyer believes that this ordinance would only make the process of Historic Designation a political one. Mayor DiTullio closed the public hearing. Motion by Mr. Stites to approve Council Bill 12-2008 (Ordinance 1416) on second reading and that it take effect immediately after adoption, with the following amendments as proposed by staff: Section 3.C., first sentence, strike 'or by a member of City Council." Section 9.A., first sentence, strike 'or by a member of City Council." Seconded by Mrs. Sang; carried 6-1 with Mr. Womble voting No. CITY COUNCIL MINUTES: July 28, 2008 Page -6- ORDINANCES ON FIRST READING Item 5. Council Bill 13-2008 - An Ordinance providing for the approval of change of zoning conditions on property zoned Planned Commercial Development and for approval of an amended outline development plan for property located at 3700 Kipling Street (Case No. WZ-08-04/City of Wheat Ridge) Council Bill 13-2008 was introduced on first reading by Mrs. Adams. Motion by Mrs. Adams to postpone Council Bill No. 13-2008, Case No. WZ-08-04, a request for approval of an amended Outline Development Plan for a property located at 3700 Kipling Street, on first reading, to the regular Council Meeting on September 22nd, 2008 and order it published with the Public Hearing set for October 13th, 2008; seconded by Mrs. Rotola. Substitute Motion by Mr. Stites to approve Council Bill 13-2008 on first reading, order it published, public hearing set for Monday, August 25, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Womble and Mrs. Sang. Substitute Motion carried 4-3 with Council Members Berry, Adams and Rotola voting no. Motion as substituted carried 4-3 with Council Members Berry, Adams and Rotola voting no. CITY MANAGER'S MATTERS Mr. Young encouraged citizens to partici~ate in the National Night Out in Wheat Ridge with the kick-off celebration on August 4t and the Night Out event on August 5th, 2008. Neighbors interested in information about the events may contact Officer Kyle Eversole at 303-235-2948. ELECTED OFFICIALS' MATTERS City Clerk Michael Snow reminded voters of the Primary Polling Place Election taking place on Tuesday, August 12th, 2008. Those voters that have received mail-in ballots may drop voted and signed ballot envelopes in the drop box in the City Clerk's Office at Wheat Ridge City Hall, 7500 W. 29th Ave. Early voting will available only at the Jefferson County Clerk's Office in Golden starting August 4th, 2008. CITY COUNCIL MINUTES: July 28, 2008 Page -7- Council Members expressed their condolences to the Wilde family at the passing of former Mayor Dan Wilde. Mrs. Rotola celebrated Wheat Ridge being recognized in the Andiamo paper recently as having 3 winners of the best-of-the-best Italian restaurants. Those restaurants being recognized were Pietra's for Best Pizza, Vincenza's for Best Bakery and Vinnola's Deli for Best Italian Deli. Mr. Stites commented that he will miss seeing Dan Wilde on his daily walks by his garage. Mr. Stites also encouraged citizens to go see the Wheat Ridge High School turf fields and the beautiful trees just planted there. He also encouraged citizens to do one nice thing each week for their community, and as always, reminded them to "find it and buy it in Wheat Ridge". Mrs. Sang informed citizens that Council Member Dean Gokey is done with chemotherapy, is doing well and will be returning to service soon. Mr. Womble asked the City Manager to look into the weed situation purported in the photos presented by Roger Loecher and to report to Council on the situation. Mayor DiTullio gave his condolences to the Wilde family for their loss; Mayor DiTullio thanked Joey DeMott of Pietra's Pizza for sending out the e-mail about the Best Italian Restaurants in Wheat Ridge and their Primo Awards; he thanked City Council for their support of the Wheat Ridge Business Awards. Mr. DiTullio also thanked the various donors of the public art project; Over $1 ,000 in donations have been received just in the last week in addition to the $3500. Meeting adjourned at 9:38p.m. ~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON AUGUST 11, 2008 BY A VOTE OF ----.ftL to 0 ~ I l'I1 ~~-.\-A \" 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. I