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HomeMy WebLinkAbout08/13/2001 AUQust 13, 2001 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Jerry DiTullio, Vance Edwards, Odarka Figlus, Harry Hanley (arrived at 7 04 pm), Ralph Mancinelli, Janelle Shaver, Dean Gokey, and Claudia Worth Also present: City Clerk, Wanda Sang, City Manager, Scott Staples, City Attorney, Gerald Dahl, Director of Planning, Alan White, staff; and interested citizens APPROVAL OF MINUTES OF July 23, 2001 Motion by Mr DiTullio for the approval of the Minutes of July 23, 2001, seconded by Mrs Worth carried 6-0 with Ms Figlus abstaining CITIZENS' RIGHT TO SPEAK Walt Petit, representing the Wheat Ridge Rotary Club, introduced the President of the Lakeside Kiwanis Club, John Bilby, and presented a check for $6,000, as their third installment of the $31,000 committed for the Recreation Center He explained that the Lakeside Kiwanis are a part of this effort and recognized them for it and thanked them Jim Payne introduced himself; he is the new Fire Chief and Administrator of the Wheat Ridge Fire Department. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Consideration of an application for a preliminary plan and final plat of a 9-lot subdivision on Residential-One zoned property located at 9737 West 32nd Avenue (Case No WS-OO-01) (Applewood Building Company, Inc) (Continued from July 9, 2001) Dave Schneider, applicant, explained that the subdivision has been redesigned to comply with the City's 500 ft cul-de-sac length, they lost one lot because he thought it would be the best design They held a neighborhood meeting that included City staff to address questions that had come up CITY COUNCIL MINUTES August 13,2001 Page - 2 - Alan White was sworn in by the Mayor and presented the staff report. He confirmed what the applicant had stated that this was formerly a 1 O-Iot subdivision and is now a 9-lot subdivision The cul-de-sac length has been reduced to 500 feet. He has determined that the modification is not substantial and should not require a review by the Planning Commission based upon the following facts The cul-de-sac length meets the City standard for maximum length, there is one less lot in the subdivision and that is a reduction of 10% in the number of lots, all perimeter drainage and utility easements remain the same the drainage system functions in the same manner as originally proposed and approved and the detention pond volume and size in Tract A have not changed He entered a letter from the Rocky Mountain Water Company into the record The following speakers were present: Don Peterson, 9945 West 34th Drive (still under Oath) stated that only 3 people showed up for the neighborhood meeting, there was no general invitation to the neighbors He didn't feel the meeting went well, the only thing that was resolved was that the developer agreed to a 98% clay compaction liner on the detention pond The neighbors are concerned because there is a history of water problems in that neighborhood He doesn't understand the letter from the Rocky Mountain Water Company because when he talked to that same gentleman a week ago he said he was open to having meetings about this and he realized to put a storm water drain along that ditch would not require it to be immediately adjacent to the ditch and that it would be uphill from the ditch so it wouldn't have as much impact. He asked that the development either be denied because of the increased drainage water coming down their street or at least a continuance until there is an engineering study to see if it's physically possible to put the storm water drainage line on the south side of the ditch and either take it out to Kipling or if there is an approval, a condition be put on that an engineering study be conducted to determine if that is possible He presented two petitions from residents of West 34th Drive and West 35th Avenues One petition asked that the subdivision be denied or if approved, no storm water drainage be allowed north of the Rocky Mountain Water Company Ditch The other requested either denial or if approved, that no storm water drainage holding ponds created by the development will ever be allowed to percolate into the soil south of the Rocky Mountain Water Company ditch V.A. Vaseen, 9840 West 35th Avenue, was sworn in by the Mayor; he objects to the location of the line for the storm water drainage on the north side of 34th Drive June Vaseen, 9840 West 35th Avenue, was sworn in by the Mayor. she agreed with everything her husband said CITY COUNCIL MINUTES August 13,2001 Page - 3 - Rosemary Miks, 9855 West 34th Drive was sworn in by the Mayor; she fully supported what Mr Peterson said John Miks, 9855 West 34th Drive was sworn in by the Mayor; would like to see the water line stay on the south side of Rocky Mountain ditch Also agreed with Mr Peterson Chuck Svoboda, (still under Oath) expressed his concerns regarding the drainage coming into their neighborhood He is pleased about the clay liner for the detention pond, but is still worried about the pond itself Mr DiTullio requested that the following questions and answers be entered into the record (Mr DiTullio asked the questions and Mr Alan White answered) "Who developed and paid for the drainage plan?" "The applicant hired a consultant to prepare the drainage plan and the applicant paid for the cost of preparing that." "Who has reviewed the drainage plan?" "The Public Works Department staff engineers have reviewed the drainage plan" "Does the drainage plan meet all of the City's requirements?" " Yes, it does" "Is there a 100% guarantee with any drainage plan that you have ever seen?" "No there is not a 100% guarantee but we have a lot of experts in the field that look at those and there is a very, very high comfort level that it is going to work as designed" "It was mentioned at the last meeting that once the development and drainage work is complete.. Who can the neighbors turn to in the event that there are drainage problems? Would it be the applicant, the City or the new property owners?" "It would essentially be the City the City is going to take over the maintenance of the storm sewer system from the outlet of the detention pond all of the way to Kipling So if there are problems, in that stretch of it, it is definitely the City's problem, but I would note that we have required our standard language, concerning the detention pond, that if the Homeowners Association fails to maintain that properly then the City has the right to enter that property and perform the necessary maintenance or correct any problems that have developed" CITY COUNCIL MINUTES August 13,2001 Page - 4 - Motion by Ms Figlus to deny the preliminary subdivision plat for a nine-lot subdivision located at 9737 West 32nd Avenue Case No WS-OO-01 her reasons included the lack of geological stability information for this property and surrounding properties precludes assurance of no potential problems for surrounding property owners, she quoted sections of Chapter 26, which addressed poor and inadequate drainage or flood conditions or poor geologic conditions preserve the right of citizens in making decisions which affect their properties, subdivider is responsible for any significant geologic features which may affect development; assure that the subdivision is constructed without an adverse effect upon the surrounding area, testimony showed that neighbors are concerned with a number of drainage issues, concerned about the City's liability; this plan does not give assurance to the people that there will not be future problems, we just spent a lot of money on 32nd and Oak to fix drainage problems, so we do sometimes make mistakes on approving drainage plans seconded by Mrs Worth, failed 3-5 with Councilmembers Figlus Worth and Shaver voting yes Motion by Mr DiTullio to approve the preliminary subdivision plat for a nine lot subdivision located at 9737 West 32nd Avenue, Case No WS-OO-01, for the following reasons 1 All minimum standards of the R-1 zone district have been met. 2 All requirements of the subdivision regulations have been met; seconded by Mr Mancinelli Motion by Mrs Shaver for an amendment that no building or fencing on Lot 7 shall be constructed so as to prevent City access to the detention pond, seconded by Mrs Worth, carried 5-3 with Councilmembers Gokey, Edwards, and Mancinelli voting no Original Motion as amended carried 5-3 with Councilmembers Shaver, Figlus, and Worth voting no Motion by Ms Figlus to deny the final subdivision plat for the following reasons Requirements for a final plat have not been met; all the required plans have not been submitted to the City; we need to follow the subdivision requirements in Chapter 26, seconded by Mrs Worth Motion by Mr Edwards for a substitute motion to approve the final subdivision plat for the following reasons 1 The final plat is in conformance with the preliminary plat. CITY COUNCIL MINUTES August 13,2001 Page - 5 - With the following conditions 1 During the construction process for each structure, top of foundation certifications shall be provided by the engineer of record to verify conformance with the building pad elevations shown on the drainage report. 2 During the construction process for each structure improvement location certificates shall be provided to verify consistency with bearings and distances of the building envelopes shown on the final plat. 3 A note shall be added to the plat to indicate that individual lot perimeter fencing cannot block the drainage conveyance swales along the east and west boundaries of the subdivision 4 A note shall be added to the plat to limit the driveway access width for Lot 6 to a minimum of 20 feet; seconded by Mr Mancinelli Ms Figlus asked that this be reflected in the written record that the Articles she read are directly from Chapter 26, Subdivision Regulations She was not reading from Planned Residential Development Regulations She asked that Mr White confirm that Article 4 IS Subdivision Regulations, which he confirmed Substitute Motion carried 5-3 with Councilmembers Figlus, Worth, and Shaver voting no Vote on Motion as substituted carried 5-3 with Councilmembers Shaver, Figlus and Worth voting no Item 2. Consideration of a request for approval of a Special Use Permit to allow an assisted living/congregate care facility on Restricted-Commercial zoned property at 4415 Jay Street. (Case No SUP-01-01) (Karl Koch) Item 2 was introduced by Mr Mancinelli, who also read the title, summary and background Karl Koch, applicant, was sworn in by the Mayor and asked for approval of his application He stated they have 9 parking spots, 2 designated for employees, generally speaking none of the people living there will have cars, residents are usually in their mid to late 80's Marlene Gottlieb, architect, was sworn in by the Mayor; explained how they went about designing the facility This is more of a residential model, which fits in with the neighborhood Meredith Reckert, Senior Planner for the City of Wheat Ridge, was sworn in by the Mayor and presented the staff report. CITY COUNCIL MINUTES August 13, 2001 Page - 6 - Michael Pierson 4475 Jay Street, was sworn in by the Mayor. he lives just 3 lots north of the proposed site, he and his wife are in agreement with what is going in there and prefers this to businesses Motion by Mrs Shaver to continue this public hearing to August 27 2001 to allow the applicant to address the issue of parking vs density; seconded by Ms Figlus, carried 5-3 with Councilmembers Gokey Hanley and Mancinelli voting no Mr Gokey is voting no because he feels it is ridiculous to torture these applicants who come in here with decent plans and have obviously done their homework. DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. Motion to award RFP-01-030 Insurance Broker Services to IMA Corporation, specific to benefits and related services Item 3 was introduced by Mr DiTullio, who also read the title, summary and background Motion by Mr DiTullio to award RFP-01-030, Insurance Broker Services, to IMA Corporation, Denver, for various services items 1-6, Exhibit 1 Services shall be compensated by the Insurance carriers based on commissions Additional services will be negotiated as needed, seconded by Mrs Shaver; carried 8-0 Item 4. Motion to authorize the annual Boards and Commissions Dinner to be held on October 19, 2001 and to transfer $4,000 into Councils' 102-702 account to pay for the dinner Motion by Mrs Worth to hold the annual Boards and Commissions Dinner on Friday October 19 2001 I further move to transfer $4000 from the General Fund Unallocated to City Council Annual Appreciation Dinner Fund, 01-102-700-712, seconded by Mr DiTullio, carried 8-0 Item 5. CONSENT AGENDA A. Resolution 18-2001 - designating an additional location for a bus shelter at 4643 Wadsworth Blvd B Motion to approve the right-of-way use agreement between the City of Wheat Ridge and Adelphia Business Solutions Operations, Inc CITY COUNCIL MINUTES August 13,2001 Page - 7 - C Motion to authorize Councilmember Edwards' attendance of a second NLC conference meeting during this budget year D Motion to accept the resignation of Mark Miller from the Planning Commission Consent Agenda was introduced and read by Mrs Worth Motion by Mrs Worth for approval of the Consent Agenda as printed seconded by Mr DiTullio, carried 8-0 CITY MANAGER'S MATTERS Mr Staples gave update on ongoing projects He presented a plaque to the Mayor for her service on the Colorado Municipal League for her contribution to the league ELECTED OFFICIALS MATTERS Mr DiTullio asked that Councilmembers not use the word "we" when they addressed issues, but rather use "1" The way the word "we" is being used indicates that all of Council and all of staff are in agreement, which many times is not the case Mr Mancinelli asked for consensus to bring back the Section on Chapter 26 that deals with congregate care home living and to add the requirement that at least 2 staff people are there throughout the night; consensus was 7 in favor Mr Mancinelli asked for consensus to have staff bring back the former policy with the graffiti task force, consensus was 8 in favor Meeting adjourn1 at 10 45 P m ._~/AI A'v/L aJ'41/ 1-.(,. v ' ~ -- Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON AUGUST 27, 2001 BY A VOTE OF -l TO-.D.... 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