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HomeMy WebLinkAbout10/28/2002 ~ 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 Page -2- 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 Page -3- 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 Page -4- 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 Page -5- 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 Page -6- 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 . . i "y I 'JVi ;:, -L~__') -~ r~\ 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