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HomeMy WebLinkAbout09/09/2002 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO September 9, 2002 The Regular City Council Meeting was called to order by Mayor Cerveny at 7 15 P m Councilmembers present: Jerry DiTullio, Vance Edwards, Dean Gokey, Ralph Mancinelli, David Schneider, Odarka Figlus Lena Rotola, and Harry Hanley Also present: City Clerk, Wanda Sang City Manager, Randy Young, City Attorney, Gerald Dahl Director of Planning, Alan White, Director of Parks, Joyce Manwaring, staff; and interested citizens APPROVAL OF MINUTES OF Special Meeting of August 19, 2002 and Regular Meeting of Augus 26, 2002. Motion by Mr DiTullio for the approval of the Minutes of the Special Meeting of August 19, 2002 an the Regular Meeting of August 26, 2002, seconded by Mr Gokey Ms Figlus asked that the Clerk add her comments to Elected Officials Matters as to why she was voting no to disband the Economic Development Task Force Motion carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read 2 Proclamations Yellow Ribbon Youth Suicide Awareness and Prevention Week - September 15 - 21, 2002 Always Remember 9-11 Day - September 11 CITIZENS' RIGHT TO SPEAK Walt Pettit, Manager of the Wheat Ridge Water District, updated citizens on drought and water restrictions and its effect on the landscape within Wheat Ridge There is no watering on Sundays and 2 hours on your designated watering day On October 1 all outdoor watering will be banned, the exception is trees, shrubs, and perennials Trees are in grave danger and must be watered in the Winter at least once a month If we don't do that, we will revert to desert. Bob Dowling, Assistant Chief with the Wheat Ridge Fire Department, invited the Mayor, Council, and citizens, for a Memorial Service on September 11 at 8 00 a m. Steve Konsella, addressed his 8-lot subdivision that was approved at the last meeting, there was a condition added to the approval, which was a Park and Rec fee to be paid at the time of recordation He asked that this be amended and added to the Agenda as a reconsideration CITY COUNCIL MINUTf:."S September 9, 2002 Page -2- Evelyn Martin, 7375 West 33rd Avenue, had a variety of zoning questions Motion by Mr DiTullio that Alan White and Randy Young meet with Mrs Martin sometime this week and discuss all of her issues, seconded by Mr Gokey; carried 8-0 APPROVAL OF AGENDA Motion by Mr DiTullio to add Agenda Item 9 B , which is a Resolution amending Resolution 20-2002, submitting a ballot question to the voters, seconded by Mr Gokey; carried 8-0 Motion by Mr Gokey to move Agenda Item 9 to be Agenda Item 1 seconded by Mr DiTullio, carried 8-0 Mr Gokey has asked Betty Day to draw a name out of a hat and doesn't want her to have to wait until the end of the meeting Mr Mancinelli explained that many people wanted the Park to be named "Betty Day Park" and she refuses that honor, but at least we can let her pick the name Motion by Mr DiTullio to move Item 7 to Item 1 B, seconded by Mr Schneider; carried 8-0 Motion by Mr DiTullio to reconsider Case No WS-01-01 and that be Item 9 C , seconded by Mr Edwards, carried 8-0 Motion by Mr Gokey to remove Item 8 and schedule it for another Agenda so the project will make more sense, seconded by Mrs Rotola, carried 8-0 Motion by Mr DiTullio to approve the Agenda as amended, seconded by Mr Schneider; carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 A Naming of 3 Parks 3yth & Upham, Manwaring Field, Davis Property Motion by Mr DiTullio to name the park at 3yth & Upham Street "Bonnie's Park" I further move that the caption in honor and memory of Bonnie Scoma be placed somewhere on the sign, seconded by Mr Edwards, carried 8-0 Motion by Mr DiTullio to name park located at 3705 Jay Street, currently referred to as the Davis Property, as "Founders Park", seconded by Mr Edwards, carried 8-0 Mr Gokey had Mrs Betty Day pull a name out of a hat Motion by Mr Gokey to name the park at 4900 Marshall, currently referred to as Manwaring Field, "Creekside Park" seconded by Mr Hanley; carried 8-0 CITY COUNCIL MINUTES September 9, 2002 Page -3- Item 1 B Change Council Rules regarding Procedure for Public Hearings in Zoning Cases Motion by Mr Mancinelli that the order of presentation in zoning cases be 1 Staff Report. 2 Applicant 3 Public Testimony 4 Applicant Response 5 Council Deliberation Seconded by Mr Schneider; carried 8-0 Item 1 C Council Bill 27-2002 - An ordinance providing for the approval of change of zone from Residential-Two to Planned Commercial Development and for approval of a preliminary development plan for property located at 3502 Wadsworth Blvd, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-02-02) (Roger Loecher) Council Bill 27-2002 was introduced by Mr DiTullio, Clerk read subject, summary and background, and assigned Ordinance No 1264 Meredith Reckert, Wheat Ridge Planning Department, was sworn in by the Mayor and presented the staff report. Roger Loecher, applicant, was sworn in by the Mayor, asked for approval of his application and asked for a change to allow dental office as a use and to strike condition 5, which states any heating or air conditioning compressors or units shall not be placed on the east side of the property He feels this is an unreasonable reque~t The landscaping in the back of the building is a waste, particularly with the current drought conditions Jackie Ingenthrone, asked the City not to put 2 businesses next to her home They have been there 40 years, this is a residential area Mr DiTullio confirmed with staff that this would have to come back to Council for the final development plan, this is the preliminary plan only The applicant has followed all the applicable rules of Chapter 26 and there are no outstanding issues that Council needs to be aware of Since there is a legal protest, this needs 6 votes of Council to pass Mr Mancinelli agreed with the developer that it is unreasonable to put the air conditioning compressor or heating anywhere but on the east side CITY COUNCIL MINUTES September 9, 2002 Page -4- Ms Figlus asked the applicant why he wants to put 2 businesses in there Mr Loecher stated that one of the businesses would have to expand their inventory by $500,000 to add an additional 1 0 cars to their inventory and they are not willing to do that Mr Gokey asked why Mr Loecher could not put the air compressors on the roof like most commercial buildings and lessen the noise on the neighbors Mr Loecher stated it didn't make sense to him to do it that way Any time you put anything on the roof other than shingles, you got a potential leak somewhere down the road The furnaces will be inside as a consideration to the neighbors Mr Schneider asked if Mr Loecher feels he has compromised Mr Loecher replied that he has over compromised, he has done everything that has been asked of him He feels he has been beaten up by the City Mr Edwards asked staff to explain the process that resulted in the attached conditions Meredith Reckert explained every step of the way that had led up to this evening, including 2 hearings before Planning Commission, the first one ~howing a setback of 5 ft, which Mr Loecher revised by the 2nd hearing to 10ft; the conditions were included to protect the adjacent property owner who has lived there for over 20 years Mr Edwards asked why the preliminary and final plan were not being done at the same time Mr Loecher submitted all three of the required documents, but staff had issues with the civil drawings, which is why they presented the preliminary development plan separate from the final development plan Mr Edwards asked Ms Reckert to explain how the requested changes to the conditions impact the staff recommendations Ms Reckert stated they are extremely concerned about the two different land uses Putting some of the mechanical equipment on the east side, would be a burden on the property owner Motion by Mr Gokey to suspend the Rules and allow Mr Edward's to continue his questions, seconded by Mr Schneider; carried 7-1 with Mr DiTullio voting no Ms Reckert stated that if the buffering to the east does not take place, it would change staff recommendation to denial We need to keep the conditions in there These people have lived there a long time and he is the new guy Mr Hanley asked if the compressor unit could be on the north or south rather than the east side of the building Mr Loecher stated it just makes logical sense to put it where it is Yes, he could put it other places He will put it wherever Council wants him to put it. Mr Gokey is not clear on the landscaping issue, isn't it the purpose partly to soften the sound for the neighbors CITY COUNCIL MINUTES September 9, 2002 Page -5- Mr Loecher stated that the building he is putting up will provide more of a buffer than 6 trees in the back. Motion by Mr DiTullio to approve Council Bill 27-2002, an Ordinance rezoning property located at 3502 Wadsworth Blvd, from Residential-Two to Planned Commercial Development, and I further move to approve a preliminary development plan, for the following reasons 1 Changed conditions in the area have rendered the property undesirable under the existing zoning 2 Planned Commercial Development zoning could be appropriate at this location to provide a land use transition between Wadsworth Blvd and the low density residential neighborhood to the east 3 All requirements for a PCD preliminary development plan have been met. With the following conditions 1 The required minimum setback on the east side of the property will be ten feet and a six-foot high solid fence with vertical plantings placed in this area. 2 A note be added to the preliminary plan regarding the exterior lighting to be limited to the property with no exterior lighting allowed on the east side of the building 3 The dumpster site is to be shifted ten feet to the west, be enclosed, and landscaping be added east of the dumpster site 4 Any venting be designed so as not to vent fumes or heat to the house to the east. 5 Any heating or air conditioning compressors or units shall not be placed on the east side of the property 6 Delete patio enclosures and sign shops from the permitted use list. 7 Restrict the exit onto 35th Avenue to right-turns only 8 On the use list add the language "not including motorcycle" to "Bicycle and accessories shop" (service and repair) 9 Discrepancies regarding landscaped coverage be corrected, Seconded by Mr Edwards Motion by Mr Mancinelli for an amendment to strike condition 4 , seconded by Mr Gokey Mr Schneider will support this amendment because no matter where the vents are placed if the wind comes up, nobody can prevent it from blowing over there Mr Edwards won't be supporting the amendment because we are dealing with issues of redevelopment and we need to provide business opportunities with the least impact on surrounding properties Motion failed 3-5 with Councilmembers Schneider, Rotola and Mancinelli voting yes CITY COUNCIL MINUTES September 9, 2002 Page -6- Motion by Mr Mancinelli for an amendment to strike condition 5, seconded by Mr Gokey; tied 4-4 with Councilmembers Schneider, Mancinelli Rotola and Gokey voting yes Mayor broke the tie by voting no Motion failed 5-4 Motion by Mr Mancinelli for an amendment by amending the list of permitted uses by adding "dental office" to the list; seconded by Mr DiTullio Mr Edwards asked staff if they had any objection to this use Ms Reckert stated no Mr Gokey will not support this because this will bring people from outside Wheat Ridge into Wheat Ridge This does not develop any tax base for this City Every square foot developed along this corridor needs to be developed to bring in as much tax money as possible Mr DiTullio will support this because a dental office is a low impact business He is concerned that Council is trying to design a building on the dais This is a use rather than a building, so he will be supporting this Motion carried 7-1 with Mr Gokey voting no Original Motion as amended carried 8-0 Mr Edwards stated he will support this because this property will be developed sooner or later He hopes that through this process there has been some compromise and this will be a benefit to the community overall Mr DiTullio understands the Ingenthrone's concerns, but this property will be developed sooner or later and these are going to be two lower impact developments rather than a fast food restaurant or a liquor store, etc ORDINANCES ON FIRST READING Item 2. Council Bill 31-2002 - providing for the approval of a zone change from Agricultural-One to Planned Commercial Development for property located at 10590 West 44th Avenue, City of Wheat Ride, County of Jefferson, State of Colorado (Case No WZ-01-2) (Lisa Aiello) Council Bill 31-2002 was introduced on first reading by Mr Hanley, who also read the title, summary and background Motion by Mr Hanley that Council Bill 31-2002 be approved on first reading, ordered published, public hearing be set for Monday, October 14, 2002 at 700 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Gokey; carried 8-0 CITY COUNCIL MINUTES- September 9, 2002 Page -7- DECISIONS, RESOLUTIONS, AND MOTIONS Item 3. Resolution 21-2002 - repealing Resolution 04-2001 and abolishing the Economic Development Task Force Mr Gokey introduced Resolution 21-2002, Clerk read subject, summary and background Motion by Mr Gokey to adopt Resolution 21-2002, seconded by Mr Schneider Tom Abbott stated that the Task Force met about once a month and he feels they did a lot of good work and they got really great feedback during their two business forums They were instrumental in getting the business directory into print They have done a worthwhile service to the City and he doesn't understand why they are being abolished It is not good business to appoint 20 people to a task force and then abolish it without first talking to them about it. He asked that this be put off for a couple of weeks and talk to the citizens first Motion by Mr DiTullio to postpone Resolution 21-2002 to the September 23 meeting and I further move that the City Affairs Committee meet on September 16 at 5 45 P m to discuss the pros and cons of the Economic Development Task Force and what actions are necessary to address the issues At that point, if nothing is decided, this will still come back on the 23rd for disbandment of the committee, seconded by Ms Figlus Mr Edwards has concerns with the Economic Development Task Force, one of which is that the overwhelming majority don't show up for the meetings, he appreciates all the efforts that have been put into this, the business resource guide idea came from Marilyn Force, not the Task Force He feels that whatever tasks were expected from the Task Force have been taken care of and it is time to move forward and change into another structure Mr Hanley has a problem with the word "abolish" and hopes that Mr Abbott's concerns will be addressed and the people who served on this will be shown some appreciation Mr Gokey had been under the impression that once specific goals and tasks had been met, the Task Force would be disbanded He does not support Mr DiTullio's motion Ms Figlus stated that there is some incredible talent on that Task Force and the business forums were very well attended and the roster of people who made presentations was impressive We showed that we wanted to work with existing businesses The ideas for the directory and business guide came before we even hired a person for Economic Development. Motion failed 2-6 with Mr DiTullio and Ms. Figlus voting yes CITY COUNCIL MINUTES' September 9, 2002 Page -8- Motion by Mr Edwards to make an amendment to the Resolution stating that at the next available study session, as determined by the Council President, we have a discussion and dialogue in which the current members of the Economic Development Task Force are invited That discussion is to be about the next step or the process of an advisory board, task force, board or commission to deal with overall economic development issues in the City of Wheat Ridge, seconded by Mr Schneider; carried 6-2 with Councilmembers Hanley and DiTullio voting no Original Motion as amended carried 5-3 with Councilmembers DiTullio, Figlus and Hanley voting no Ms Figlus supports the idea of discussing Economic Development with the entire City Council, she will not vote to disband the Task Force The way you show respect to the people at the meeting is to talk to them and then disband them afterwards if that is the recommendation and the feeling of the Council at that point. We should show them courtesy for all the time they have spent Item 4. Resolution 22-2002 - amending the fiscal Year 2002 Budget to reflect acceptance of the Bureau of Justice Assistance Bulletproof Vest Grant Resolution 22-2002 was introduced by Mr DiTullio, who also read the title Motion by Mr DiTullio to adopt Resolution 22-2002 amending the fiscal year 2002 budget to reflect acceptance of Bureau of Justice Assistance Bulletproof Vest Grant in the amount of $5,584 30, seconded by Mr Hanley; carried 8-0 Item 5 Resolution 23-2002 - amending the fiscal Year 2002 Budget to reflect acceptance of the State of Colorado Tobacco Education Grant Resolution 23-2002 was introduced by Mrs Rotola, who read title, summary and background Motion by Mrs Rotola to adopt Resolution 23-2002 amending the fiscal year 2002 budget to reflect acceptance of the State of Colorado Tobacco Education Grant in the amount of $2,000, seconded by Mr Hanley; carried 8-0 Item 6 Resolution 24-2002 - authorizing the support of the Wheat Ridge City Council for the Wadsworth Bypass and Burlington Northern/Santa Fe Rail Grade Separation Project, at Grandview Avenue, in the City of Arvada Resolution 24-2002 was introduced by Mr Edwards, who also read the summary and background CITY COUNCIL MINUTES September 9, 2002 Page -9- Motion by Mr Edwards to adopt Resolution 24-2002, seconded by Mr Hanley; carried 7-1 with Mr DiTullio voting no Item 9. B Resolution 25-2002 - amending Resolution 20-2002 submitting a ballot question to the voters of the city at the November 5, 2002 Election, concerning Sales Tax. Resolution 25-2002 was introduced by Mr DiTullio Motion by Mr DiTullio to approve Resolution 25-2002 for sales tax increase only (not use tax), seconded by Mr Schneider Mr DiTullio read the memo from the City Attorney outlining the reason for this Resolution It was necessary to add language at the beginning of the question which is required by TABOR Council has a choice to increase sales tax or sales and use tax. Mr DiTullio's motion was only for sales tax. Mr DiTullio stated that 60% of Sales Tax comes from people outside of Wheat Ridge, the Use Tax would impact Wheat Ridge businesses in a negative way because it exclusively comes from Wheat Ridge businesses Motion carried 7-1 with Mr Hanley voting no Item 9.C. Motion to postpone further consideration and final action on the reconsideration of Case No WS-01-01 to the Regular Council Meeting of September 23,2002, seconded by Mr Edwards, carried 8-0 Mr DiTullio stated that there is no backup on this item and he wants written material to make an informed decision Item 10 CONSENT AGENDA: A Award of contract for architectural services for Phase II and III combined of the restoration/repairs of the Richards Hart Estate B Award RFB-02-049 Demolition, Debris Removal & Grading of Manwaring Storage buildings and Blue Moon Bar to Anderado & Company in the total amount of $17,547 Also approve the amount of $40,240 to be transferred from unallocated reserve to Acct No 54-601-800-862 for demolition and construction costs Consent Agenda was introduced and read by Mr Edwards. Motion by Mr Edwards for approval of Consent Agenda as printed seconded by Mr DiTullio carried 8-0 CITY COUNCIL MINUTES'" September 9,2002 Page -10- CITY ATTORNEY'S MATTERS Motion by Ms Figlus to bring the issue of a 501 (3) (C) organization to the next available Study Session at the Council President's discretion, seconded by Mrs Rotola, carried 8-0 The working title for the organization will the Wheat Ridge Foundation ELECTED OFFICIALS' MATTERS Mayor Cerveny was very excited about the great turnout for the ribbon cuttings for the Housing Authority and the 38th Avenue Streetscape There was a lot of positive feedback. Jerry DiTullio asked for consensus that the Clerk's Office start some type of advertising for members for the Cultural Arts Commission Consensus was 8 in favor Motion by Mr DiTullio that from now on Special Meetings be televised, seconded by Ms Figlus Mr Gokey stated that most Special Meetings are not held in Council Chambers, but in a different part of the building and it is just not possible to televise them. It also creates additional cost to the proceedings because we tend to have a lot of special meetings Mr Mancinelli does not support this, we have Minutes and tapes available to the Public, as well as a newspaper report. Mr Edwards supports the motion, he understands that there might be instances when we can't do it, but whenever possible, we should Motion by Mr Edwards for an amendment that logistics may sometimes preclude the televising but the goal and desire is to do it whenever possible, seconded by Mr DiTullio Mr Gokey feels this should go to a Study Session rather than crafting it on the dais Motion by Mr Schneider for a substitute motion to send this to a Study Session within the next few months, seconded by Mr Gokey Ms Figlus will not support this motion, a special meeting is similar to a regular meeting We are doing the people's business and the people have a right to see their business being conducted Maybe we only need 1 camera This is an administrative thing the Manager can take care of and figure out how to do it Motion tied 4-4 with Councilmembers Schneider, Gokey, Mancinelli and Rotola voting yes Mayor broke the tie by voting yes. Motion carried 5-4 Motion by Mr Edwards to direct Mr Dahl to draft an Ordinance that deals with amendments and administrative changes to the Bus Bench Ordinance, seconded by Mrs Rotola, carried 7-1 with Mr Gokey voting no CITY COUNCIL MINUTES' September 9, 2002 Page -11- Motion by Mr Edwards to direct the City Manager to cause the staff to prepare an Ordinance for Council's consideration, which will prohibit the following uses within commercial zone districts within the City' Tattoo Parlors, Fortune Telling Palm Reading, Pawn Shops, these will be separate ordinances seconded by Mr Mancinelli; carried 8-0 Meeting adjourned at 10 10 P m. 't \ r', .' ; ",i~L{(_~v'A ,~, Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON September 23, 2002 BY A VOTE OF -----8- to ----D...... d (1d;ff. ."L ,}) u~ ~ L( ,".7 -{ C l Ralph/Mancinelli, Council President The preceding Minutes were prepared according to &47 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