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Home My WebLink About12/10/2001 December 10, 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, Dean Gokey, Ralph Mancinelli, David Schneider, Odarka Figlus Harry Hanley Lena Rotola Also present: City Clerk, Wanda Sang Acting City Manager Bob Goebel City Attorney Gerald Dahl, Director of Planning, Alan White, staff; and interested citizens APPROVAL OF MINUTES OF November 26,2001 Motion by Mr DiTullio for the approval of the Minutes of November 26, 2001, seconded by Mr Gokey' carried 8-0 CITIZENS' RIGHT TO SPEAK Katherine Seikkula, 4509 Robb Street, requested a traffic study for the area at 44th Avenue and Prospect Park entrance perhaps some light or traffic crossing could be installed to allow children, horseback riders, bikes, etc to safely cross the street and get into the park. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Application for a Special Use Permit to install a drive-up coffee kiosk on property located at 7340 West 44th Avenue (Case No SUP-01-03) (Mile High Java) (CONTINUED FROM NOVEMBER 26, 2001) Alan White stated that the only new information he can provide is that 2 additional conditions have been added Mr Edwards withdrew his motion, if nobody objects, due to these additional conditions Council agreed CITY COUNCIL MINUTES DECEMBER 10, 2001 Page - 2 - Motion by Mr DiTullio to amend Mr Mancinelli's motion to add two additional conditions 6 The term of the Special Use Permit shall be indeterminate and shall expire upon the occurrence of one of the following events A. Filing of a notice of intent to acquire by good faith negotiation or condemnation the underlying property B Execution of a contract for sale of the underlying property C 60 day notice from the City of the termination of the Special Use Permit. 7 Upon acceptance of the Special Use Permit, the permittee agrees to waive any claims for compensation for loss of use, lease holdings or relocation if the permit expires or is terminated seconded by Mr Gokey' carried 8-0 Original Motion as amended carried 8-0 Item 2. Request for approval of a Final Development Plan and Final Subdivision Plat for property located at 12700 West 32nd Avenue (Case No WZ-01-07) (Semper Development) Item 2 was introduced by Mr Schneider who read the title, summary and background Brenda Godfrey, representing the applicant, was sworn in by the Mayor She explained that Walgreen's lease in Applewood Shopping Center is expiring and they want to build a beautiful building in the same neighborhood This would also redevelop a blighted area Delivery hours will be restricted from 7 00 a m to 7 00 P m There will be no signage on the south side or east side Pharmacy drive-through will be on the east side of the building They estimate 30 - 50 drive-through customers Entry will be at the north-west corner of the building Alan White, Director of Planning, was sworn in by the Mayor and presented the staff report. Don Peterson, 9945 West 34th Drive, was sworn in by the Mayor He is concerned about traffic and the fact that there is a left turn onto 32nd; there should be signage to direct people to the Youngfield exit. He was concerned about the lack of landscaping on the east side and toward Youngfield The cedar fence will let carbon monoxide through it and he suggested a concrete block/brick fence CITY COUNCIL MINUTES DECEMBER 10, 2001 Page - 3 - Lloyd Garrett, 3145 Xenon Street, was sworn in by the Mayor; he is concerned that the carbon monoxide will filter into his yard, he also wants to make sure the drainage is being taken care of properly; traffic was another concern Motion by Mr Schneider to approve Case No WZ-01-07, a request for approval of a Final Development Plan for property located at 12700 West 32nd Avenue, for the following reasons 1 There will be an increase in economic benefit to the City 2 The development standards meet or exceed the requirements of the Preliminary Development Plan 3 The use is consistent with the Preliminary Development Plan 4 The redevelopment will improve blighted conditions 5 There will be an increase of service and convenience to the surrounding neighborhood With the following condition Signage on the east and south sides of the building shall be deleted seconded by Mr DiTullio, carried 8-0 Motion by Mr Schneider to approve Case No WZ-01-07, a request for approval of a Subdivision Plat for property located at 12700 West 32nd Avenue, for the following reasons 1 It meets all requirements of the subdivision regulations 2 It is in conformance with the preliminary plat. With the following conditions 1 The access easement which serves the cell tower be relocated so as to provide continuous access to the lessees 2 The non-exclusive cross-access easement shall be made to survive the termination of the lease and run to the benefit of successors and assigns seconded by Mr DiTullio, carried 8-0 Item 3. Council Bill 25-2001 - An Ordinance amending Section 16-43 of the Code of Laws of the City of Wheat Ridge, Colorado, concerning Criminal Mischief Council Bill 25-2001 was introduced on second reading by Mr DiTullio, who also read the title summary and background Clerk assigned Ordinance No 1235 Motion by Mr DiTullio to approve Council Bill 25-2001 (Ordinance 1235) on second reading seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES DECEMBER 10, 2001 Page - 4 - Item 4. Council Bill 24-2001 - An Ordinance amending Subsection (D) of Section 16-179 of the Code of Laws of the City of Wheat Ridge, Colorado, to cure inconsistencies within Section 16-179 concerning the curfew hours for Juveniles between sixteen and eighteen years of age Council Bill 24-2001 was introduced by Mr Mancinelli on second reading Clerk assigned Ordinance No 1236 Mr Mancinelli read the title, summary and background Motion by Mr Mancinelli to approve Council Bill 24-2001 (Ordinance No 1236) on second reading, seconded by Mr Edwards carried 8-0 Item 5. Council Bill 27-2001 - An Ordinance directing disposal by demolition of a City- owned building located at 9130 West 44th Avenue, Wheat Ridge, Colorado Council Bill 27-2001 was introduced on second reading by Mrs Rotola, who also read the title, summary and background Clerk assigned Ordinance No 1237 Don Peterson asked that landscaping, the same as on the east side to the entrance to the park, be continued completely along the west side of the park entrance and move the entrance to the teen center off the parking lot on the south side and include a deck or patio area on the west side of the teen center Motion by Mrs Rotola to approve Council Bill 27-2001 (Ordinance 1237) on second reading and it take effect upon adoption, seconded by Mr DiTullio carried 8-0 ORDINANCES ON FIRST READING Item 6. Council Bill 29-2001 - An Ordinance amending Chapter 26 of the Code of Laws of the City of Wheat Ridge Colorado by the addition of Section 26-306 5 establishing a new Planned Development Zone District, Planned Mixed Use Development. Council Bill was introduced on first reading by Mr DiTullio who also read the title, summary and background Motion by Mr DiTullio that Council Bill 29-2001 be approved on first reading ordered published, public hearing be set for Monday January 14 2002 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES DECEMBER 10, 2001 Page - 5 - Item 7. Council Bill 30-2001 - An Ordinance amending Section 26-303 Planned Residential Development Regulations, of the Code of Laws of the City of Wheat Ridge, Colorado (Case No lOA-01-04) Council Bill 30-2001 was introduced on first reading by Mr DiTullio, who also read the title, summary and background Motion by Mr DiTullio hat Council Bill 30-2001 be approved on first reading ordered published, public hearing be set for Monday, January 28, 2002 at 7 00 P m in City Council Chambers Municipal Building and if approved on second reading, take effect 15 days after final publication, seconded by Mr Edwards carried 8-0 (This will be discussed at the first Study Session in January) DECISIONS, RESOLUTIONS, AND MOTIONS Item 8. Amendment to the Council Rules by adding new Rule F - imposing term limitations on the offices of Council President and Mayor pro tem Motion by Mr Edwards to place this Item on the next Council Agenda for action, seconded by Mr Hanley; carried 8-0 Item 9. Appointment to the Jefferson County Board of Corrections (Continued from November 26, 2001) Mr Edwards reiterated his previous motion, which was seconded by Mr Hanley, to appoint Janelle Shaver to the Jefferson County Board of Corrections, carried 8-0 Item 10. CONSENT AGENDA. A. Bid Award RFP-01-056, Monument Sign Design and Build to loran Corp dba Sign-A-Rama, for the not to exceed amount of $15 000 B Resolution 31-2001 -levying General Property Taxes for the Year of 2001 to help defray the costs of government for the City of Wheat Ridge, Colorado, for the 2001 Budget Year C Resolution 32-2001 - endorsing the CML Executive Board candidacy of Mayor Gretchen Cerveny CITY COUNCIL MINUTES DECEMBER 10, 2001 Page - 6 - Consent Agenda was read and introduced by Ms Figlus Motion by Ms Figlus for approval of the Consent Agenda, seconded by Mr DiTullio carried 8-0 COUNCIL COMMITTEE REPORTS Mr Edwards publicly thanked Public Works and particularly Dave Menter for the good job in obtaining the easements for 38th Avenue CITY MANAGER'S MATTERS Motion by Mr DiTullio that the Study Session on 12/17/2001 start at 700 pm, seconded by Mr Edwards carried 8-0 Motion by Mr Mancinelli to hold the Council Planning Session on Saturday, January 12 and Sunday, January 13 for a half day; seconded by Mr DiTullio, carried 8-0 CITY ATTORNEY'S MATTERS Motion by Mr DiTullio to hold a Special Meeting, if needed, on December 17, 2001 to discuss the City Manager hiring process to immediately convene after the Study Session seconded by Ms Figlus, carried 8-0 Motion by Mr Edwards to meet with Mr Windholz regarding the Exempla tax matter on Saturday, December 17 2001, seconded by Mr DiTullio carried 8-0 Motion by Mr Edwards that the Council President look into scheduling a meeting with the entire City Council and all of the proposed Judge candidates that met the minimum criteria and with the scoring from the recommending committee, seconded by Mr Mancinelli carried 7-1 with Mr Gokey voting no CITY COUNCIL MINUTES DECEMBER 10, 2001 Page - 7 - ELECTED OFFICIALS MATTERS Motion by Mr Schneider to direct the City Manager to prepare backup material and recommendations as to the functionality necessity and status of all the Boards and Commissions by the end of the year, if possible, seconded by Mr Gokey; carried 8-0 Motion by Mr DiTullio to direct the City Attorney and the City Clerk to review current Chapter 7 of the Code of Laws concerning elections against current statutory changes and recent court opinions and based upon that review, to prepare an ordinance which either revises the Chapter to conform to current State Law and court decisions including any necessary repeals or if recommended by the Attorney and the City Clerk, which repeals Chapter 7 and simply incorporates current Colorado election laws as they may from time to time be amended I further move that the Council consider the recommended ordinance at its Study Session in February 2002, seconded by Mr Schneider; carried 8-0 Mr Edwards asked for consensus to direct the City Attorney to draft with the Urban Renewal Attorney, the City Manager and Planning Director a process for review and recommendation by the Urban Renewal Authority of proposed developments and rezonings within proposed or actual Urban Renewal areas, that this be done as soon as possible and that all current developments that are currently in the pipeline will come to Council after they go through that process Consensus was 8 in favor Meeting adjourned at 8 45 P m APPROVED BY CITY COUNCIL ON JANUARY 14, 2002 BY A VOTE OF ~ TO ~ {?v!.r.1\IIf[ ,v0,-( 0-." < if Ralph Mancinelli, Council President The preceding Minutes were prepared according to S47 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 Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions