HomeMy WebLinkAbout10/28/2002
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CITY OF WHEAT RIDGE, COLORADO
October 28, 2002
The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m
Councilmembers present: Jerry DiTullio, Vance Edwards (arrived at 7 05 pm) 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, Acting Director of Public Works, Greg Knudson,
staff; and interested citizens
APPROVAL OF MINUTES OF October 14. 2002
Motion by Mr DiTullio for the approval of the Minutes of October 14, 2002, seconded by
Mrs Rotola, carried 7-0
PROCLAMATIONS AND CEREMONIES
Mayor read the Proclamation for Wheat Ridge Hospice Month - November 2002
CITIZENS' RIGHT TO SPEAK
Lucile Knowlton, 4471 Kipling Street, needs to know if her property is zoned
Agricultural or Commercial She has been paying taxes like it is commercial
property
APPROVAL OF AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
Consideration of an amendment to the Coors Planned Industrial
Development for the purpose of expanding a parking lot and drive
aisles on property located at 10619 West 50th Avenue
(Case No WZ-02-11) (Rocky Mountain Bottle Company)
Case No WZ-02-11 was introduced by Mrs Rotola, who also read the title summary
and background were read by the Clerk.
CITY COUNCIL MINUTEs October 28, 2002
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Meredith Reckert, Wheat Ridge Planning Department, was sworn in by the Mayor
and presented the staff report.
Ken Harshman representing Coors Rocky Mountain Bottle Company, was sworn in
by the Mayor and agreed with the staff report.
Motion by Mrs Rotola to approve Case No WZ-02-11 a request for an amendment
to the Coors Planned Industrial Development Final Development Plan to allow
relocation of the entrance from West 50th Avenue and expansion of an existing
parking lot on property located at 10619 West 50th Avenue for the following reasons
1 All requirements for a final development plan amendment have been met
2 All minimum specifications of the Planned Industrial District have been met or
exceeded
3 All outside agencies can continue to serve the property
4 The Public Works Department has approved the drainage report and plan for
the proposed modifications,
seconded by Mr Mancinelli, carried 8-0
Item 2
Request for approval of a Preliminary and Final Development Plan, as
well as Final Plat for property located at 3501 Wadsworth Blvd and
zoned Planned Commercial Development, for the purpose of
constructing an automobile dealership
(Case No WZ-00-09) (John Elway AutoNation, USA)
Case No WZ-00-09 was introduced by Mr Schneider, who also read the title,
summary and background
Alan White, Planning Director for the City, was sworn in by the Mayor He entered a
legal protest into the record that was received by the City Clerk's Office and
forwarded to his office this afternoon He noted that this application was submitted
under the old Chapter 26, which requires a % vote of Council if a protest of 20% of
the adjacent property owners has been submitted He read a letter into the record
that was submitted this afternoon The letter is from Rose Fedorowicz and is in
support of the expansion and improvement plans for the dealership Another letter
was received late today from Tom and Kristin Rankin, 7395 West 35th Avenue, asking
for a no vote on this request. Another letter was just handed to him speaking against
the request; the letter is from Mina Tepley, 3652 Allison Street.
Mr White presented the staff report.
CITY COUNCIL MINUTES October 28, 2002
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Dick Scheurer, 143 Union Blvd, Lakewood, attorney for the applicant, was sworn in
by the Mayor and introduced several other individuals who are representing
AutoNation in this matter He explained the background of bringing this application
forward He submitted 4 letters into the record in support of the application One
letter from the owners of Vinnola's Italian Market, C Michael Scarfafiotti and Joseph
Pergola. One from Rose Fedorowicz. One from George Vendegnia, who owns the
Mane Event at 4275 Wadsworth Blvd and one from Sandra Depperschmidt, who
owns the Suite Success Drycleaners at 7777 West 38th Avenue, #A 112
Bud Simon, 1390 Lawrence Street, Denver, was sworn in by the Mayor' he is a
Planner with DHM Design He introduced his colleague
Heather Scott, who will help him with the presentation He agreed with Mr White s
presentation and gave additional information on the building, parking, landscaping,
traffic and economic impact for this property
Dick Scheurer summarized that this plan not only meets, but exceeds the standards
of the Subdivision Regulations and the Wadsworth Corridor Plan He asked for
Councils' support for this plan
The following speakers were sworn in by the Mayor'
Anne Brinkman, 7420 West 34th Avenue, asked for denial of Case No WZ-00-09
This applicant has not been a good neighbor to the community, nor a good partner
with the City, since they began preparations for development They disregarded the
neighborhoods request to stop pumping the water that was directly feeding irrigation
wells to the east; they did not try to mitigate the water issues, but instead modified
the flow of water to facilitate pumping They have flagrantly ignored the City rules
and have paved portions of the land when they didn't have permission, when a
neighbor complained about the lights shining in her bed, she was told to move the
bed Noise and light pollution will adversely affect the neighbors to the west, the
south and east of the property' the applicant has come to the Planning Commission
with incomplete plans numerous times, it is unreasonable for City Council to ask for a
sales tax increase and then allow to develop this property and not get the kind of
revenue this property was designated for
Tony Ficco 12425 West 38th Avenue, stated he and his brother own the property to
the east, Morningside Retirement Community It would be wrong for the City to deny
this He is in favor of seeing this developed
Deanna Leino, 3712 Allison Street, is neither opposed nor for this proposal but
wants to go on record about a mosquito problem that was brought up in Planning
Commission There has been a Mosquito problem on this property since she moved
out here in 1967 She hopes the property owners have a plan to take care of this
CITY COUNCIL MINUTES' October 28, 2002
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Eztel Fuller, 7325 West 34th Avenue, agrees with Anne Brinkman, but is mainly
concerned about losing his well water supply He is opposed to this plan
John Bever, is concerned about the flow of water and having the pond out of public
view He agreed with the first and the last speaker
Dick Walter, 15461 West 73rd Avenue, has a business in Wheat Ridge, Foothills
Bank, and spoke favorably for this project This will also create jobs in the area His
experience with the management of this corporation has been very good
Sandra Balsley, 7780 West 38th Avenue, is concerned about the pollution that these
cars will create the wetlands the lighting, the noise
Mr White stated that he was handed a letter from Sandra Balsley concerning a legal
protest of the case tonight. This letter is invalid, because it was handed in after the
case began There is already a valid letter entered as a legal protest.
Phillipe Martin, 602 Park Pointe Drive, Golden, Water Consultant for the applicant,
addressed some of the concerns of the neighbors regarding their wells and gave
background on all the work that had been done on this property He suggested some
of the water problems had to do with the Rocky Mountain Ditch No connection could
be established between pumping on the property and the neighboring wells The
applicant is going to reestablish the wetlands
Motion by Mr Schneider that Case No WZ-00-09, a request for approval of a
Planned Commercial Development preliminary and final development plan and final
plat for property located at 3501 Wadsworth Boulevard, be approved for the following
reasons
1 The requirements of the City's Subdivision Regulations have been met.
2 The proposed use of the property is allowed per the approved Outline
Development Plan for the property
3 The requirements of the City's Planned Development Regulations have been
met
4 The landscape requirements of both the Outline Development Plan and the
City's Code have been exceeded
5 The City's parking requirements have been exceeded
6 The drainage report and plan have been approved by the Public Works
Department and CDOT
7 CDOT has reviewed and approved the access location on Wadsworth
Boulevard
CITY COUNCIL MINUTES October 28, 2002
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With the following conditions
1 The turn prohibitor located on West 35th Avenue shall be constructed and
landscaped by the landowner Monies shall be escrowed at time of issuance
of building permit for construction
2 The final plat shall be modified to show the sidewalk located at the intersection
of Wadsworth and West 36th Avenue in the sidewalk easement as depicted on
the final development plan
3 A maintenance agreement for the landscaping which abuts Wadsworth
Boulevard and is located in the Wadsworth Boulevard right-of-way shall be
signed by the landowner prior to issuance of a building permit;
seconded by Mr Mancinelli
Mr Schneider asked Mr White if the applicant has followed all the City's rules and
regulations as far as the Planning Department is concerned The answer was yes
Are there any outstanding issues why this applicant should be denied this request
Answer was no He also asked the same questions of Mr Knudson, Acting Public
Works Director The answers were yes to the first question and no to the second
He asked the same questions of Mr Nguyen City Traffic Engineer, and the answers
were yes to the first question and no to the second
Motion by Mr Gokey to amend Mr Schneider's motion to add verbage to be
determined by the City Attorney and the Planning Department to make sure they go
to some sort of security lighting and not keep it fully lit at night and this would occur
within half an hour of the opening and closing times of the business, seconded by Mr
Schneider
Motion by Mr Gokey to override the Rules and allow longer discussion regarding his
motion, seconded by Mr Schneider; carried 6-2 with Mr DiTullio and Mr Edwards
voting no
Motion as amended failed 5-3 with Councilmembers Edwards, DiTullio and Figlus
voting no (This need 6 votes to pass)
Motion by Mr Edwards that the City Attorney prepare written findings in support of
the denial and bring them back to the next Council Meeting, seconded by Mr
DiTullio, carried 8-0
CITY COUNCIL MINUTES October 28, 2002
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Item 3
Council Bill 34-2002 - An Ordinance amending Section 16-110 of the
Code of Laws of the City of Wheat Ridge concerning the criminal
offense of Domestic Violence to correct references to State Domestic
Violence Laws
Council Bill 34-2002 was introduced on second reading by Mr Gokey' summary and
background were read by the Clerk, Ordinance No 1269 assigned
Motion by Mr Gokey to adopt Council Bill 34-2002 (Ordinance 1269) seconded by
Mr Edwards, carried 8-0
Item 4.
Council Bill 33-2002 - An Ordinance amending Article IV of Chapter 21
of the Code of Laws of the City of Wheat Ridge concerning Courtesy
and Bus Stop Shelters
(Case No WCA-02-01)
Council Bill 33-2002 was introduced on second reading by Mr Edwards, Clerk
assigned Ordinance No 1270
Motion by Mr Edwards to approve Council Bill 33-2002 (Ordinance 1270), Case No
WCA-02-01, seconded by Ms Figlus, carried 8-0
Item 5.
Request for an amendment to the Applewood Village Shopping Center
final development plan to allow a 50-foot high freestanding sign at 3250
Youngfield Street
(Case No WZ-02-10) (Old Chicago)
Mayor Cerveny explained that the public hearing for this case was held at the last
Council Meeting on October 14 Councilmember DiTullio made the motion that this
item be continued to today, October 28, to allow applicant time to work with staff and
the neighborhood to work on options for the sign
Meredith Reckert reported that they held a meeting on October 21, there were 2 staff
persons, 11 residents from the neighborhood and 4 representatives from Old
Chicago 10 of those residents opposed the new pole sign
CITY COUNCIL MINUTES October 28, 2002
Page -7-
Motion by Mr Schneider to deny this request for the following reasons
1 The proposed sign is not compatible with the low density residential
neighborhood to the northeast, to the south and to the west
2 The proposed sign is inconsistent with the intent of the sign code
3 Signage for individual businesses within the shopping center is better
addressed with a comprehensive program rather than individual requests
4 There are several alternatives to this sign that would direct potential customers
to the restaurant that would be less intrusive to the neighborhood
5 the applicant was unable to generate sign options that were agreed to by the
neighboring residents,
seconded by Ms Figlus, carried 8-0
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 6.
"Project Safe Neighborhoods" Reimbursable Funds Grant
Motion by Mrs Rotola to approve acceptance of the US Attorney's "Project Safe
Neighborhoods" reimbursable funds in the amount of $14,949 45 I further move that
purchases approved and selected by the police department, in accordance with the
requirements of the "Project Safe Neighborhoods" program and all City purchasing
policies, be spent from Fund 17-Police Investigation Fund I further move that all
reimbursable funds received as part of the "Project Safe Neighborhoods" program be
returned to Fund 17 -Police Investigation Fund to cover all City expenses, seconded
by Mr Schneider; carried 8-0
Item 7.
Motion by Mr Edwards to name the property currently referred to as the
Davis Property, located at 3705 Jay Street, per the Parks and
Recreation Commission recommendation, "Founders Park", seconded
by Mr Schneider; carried 8-0
Item 8
Motion by Mr Gokey to name the property currently referred to as
Manwaring Field, located at 49th & Marshall Street, per the Parks and
Recreation Commission recommendation, "Creekside Park", seconded
by Mr Mancinelli, carried 8-0
Item 9.
Resolution 27-2002 - amending Resolution 02-2002, Purchasing
Policy
Resolution 27-2002 was introduced by Mr DiTullio, title, summary and background
read by the Clerk.
CITY COUNCIL MINUTES-- October 28, 2002
Page -8-
Ms Figlus asked staff for an explanation as to why there was such a significant
increase from $5,000 to $25,000 for Council approval Mr Goff explained that this
would bring us in line with other metropolitan municipalities The City Manager has to
see everything that is $3,000 or more The overall goal is to streamline the
purchasing policy to allow departments more time to work on other tasks Mr Young
pointed out that these are all budgeted items that Council is aware of
Motion by Mr DiTullio for the approval of Resolution 02-2002, seconded by Mr
Schneider; carried 7-1 with Mr Gokey voting no
Item 10
Motion by Mr Hanley to approve the transfer of $35,000 from the
General Fund Unallocated Reserve Fund into Acct. No 01-107-700-
750 to cover Professional Services provided by the City Attorney'
seconded by Mr Edwards
Ms Figlus asked that the City Attorney give a brief explanation to the public as to
why there was an increase Mr Dahl explained that he had been given additional
tasks that required a lot of his time such as interviewing and hiring a new City
Manager; disposing of Civil Service and Personnel Commission, revision of the Sales
Tax Code, Sales Tax Audit Appeals, 38th Avenue Project; major nuisance cases,
working with 3 municipal judges
Motion carried 8-0
Item 11.
CONSENT AGENDA.
A. Award RFQ-02-057, Uninterruptible Power Supply (UPS) Consulting
Services, to RMH Group in the total amount of $20,000
B Approve Sole Source purchase of the Advanced Taser M26 and
accessories from Dave's Guns in the total amount of $7,92382
C Award RFB-02-059, Computer Server Drives, Software and
Licenses, to JPK Micro Supply, Inc , in the total amount of $5,035
D Motion to cancel the City Council Meeting for December 23, 2002
E Approval of City Expenditures over $5,000
Consent Agenda was introduced and read by Ms Figlus Mr Gokey asked to pull B
Motion by Ms Figlus to approve the Consent Agenda as printed with the exception of
B seconded by Mr DiTullio, carried 8-0
B Mr Gokey questioned what the tools were Mr Young replied it is 12 stun guns
Motion by Mr Gokey to approve 11 B seconded by Mr Schneider; carried 8-0
CITY COUNCIL MINUTE~ October 28, 2002
Page -9-
Meeting adjourned at 10.20 p m
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Wanda Sang, City ClerR
APPROVED BY CITY COUNCIL ON November 18, 2002 BY A VOTE OF 8 to 0
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 tile meetings are available for
listening or viewing in the City Clerk's Office, as well as copies of Ordinances and
Resolutions