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HomeMy WebLinkAbout04/14/2003 ~UYl @@@~@~~ ~~~@ CITY OF WHEAT RIDGE, COLORADO April 14. 2003 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, Lena Rotola, and Harry Hanley Also present: Deputy City Clerk, Christa Jones, City Manager, Randy Young City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto staff; and interested citizens APPROVAL OF MINUTES OF March 24. 2003 Motion by Mr DiTullio for approval of the Minutes of March 24, 2003, seconded by Mr Schneider; carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the Proclamation for National Kite Day - last Sunday in April - and presented it to Don Eafanti Mr Eafanti brought Kites for Elected Officials and invited everybody to participate in TPA Kite Day and Picnic on April 27, from Noon to 3 00 P m In Paramount Park. CITIZENS' RIGHT TO SPEAK Cheryl Brungardt, Wheat Ridge Housing Authority Member, refuted an article in the Transcript regarding the funding for the Housing Authority She stated that the money did not come from the Hotel/Motel Tax, but from the General Fund and helped leverage a $500,000 grant from the Colorado Division of Housing Kim Dahlin brought 3 Senior Scouts from Boy Scout Troop 200, who were present to work on their Citizenship in the Community Merit Badge APPROVAL OF AGENDA Motion by Mr Edwards to add an Executive Session to the Agenda after Elected Officials Matters and to adjourn thereafter The Executive Session is for a conference with the City Attorney under Charter Section 5 7(b)(1) and Section 24-6-402(4)(b)(e), C R.S , specifically advice on specific legal questions and instructions on negotiations concerning the Chesrown Ford litigation, seconded by Mr DiTullio carried 8-0 CITY COUNCIL MINUTES April 14, 2003 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 A. Council Bill 09-2003 - An ordinance providing for the approval of rezoning from Residential One C to Conservation District for property located at 4650 Parfet Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-03-03) (Karen Heine) B Council Bill 08-2003 - An ordinance providing for the approval to vacate an existing piece of public right-of-way for West 46th Place, running between Oak Street and Parfet Street, City of Wheat Ridge, County of Jefferson State of Colorado (Case No WV-03-01) (Karen Heine) Mr Hanley introduced Items 1 A. and B and read the titles and executive summaries Clerk assigned Ordinance No 1283 Mike Pesicka, Community Development, was sworn in by the Mayor and presented the staff report, showed slides of the property and neighborhood, and answered Councilmembers' questions Karen Heine, applicant, was sworn in by the Mayor and asked for approval of her applications and gave background and descriptions of her property, outlined the animals and bird species that live there, the improvements she has made, and the future plans for maintenance and planting She answered Councils' questions Larry Welsh on , from Alpine Valley School at 4501 Parfet Street, was sworn in by the Mayor and spoke in support of the rezoning and the vacation of the right-of-way His students benefit greatly from her property; Karen frequently invites them over and shares with them the wonders of the property Connie Mann, staff member and parent of 3 children at Alpine Valley School, 4501 Parfet Street, was sworn in by the Mayor and also spoke in support of both applications The kids have such a good time going over there and learning from Karen Dan Pike President of Colorado Open Lands, was sworn in by the Mayor Colorado Open Lands is a charitable, statewide Land Trust, located in Lakewood He spoke in support of the applications Karen has donated a Conservation Easement on this property to Colorado Open Lands, which is an interest in Real Estate, which removes the development rights from that property in perpetuity They hold that easement and will monitor that easement in perpetuity to make sure it's enforced That easement more or less renders the current zoning unfeasible The Street vacation is very important because if ever developed it would have a very adverse impact on the intended use He asked that both actions be supported CITY COUNCIL MINUTES April 14, 2003 Page -3- Ron Selstad, 23461 Morning Rose Drive, stated that Karen bought the property in 1997 and during her stewardship she has put a lot of time, effort, and expense in stabilizing and maintaining this parcel as a sanctuary She has brought in landscaping and plants She is one of the rare people that not only believes in sanctuaries and wildlife, but is willing to put her efforts and resources Into supporting those beliefs The value will drop dramatically when rezoned, but Karen is aware of this By devaluing this property she is dramatically increasing the value of properties around it. They have a wildlife sanctuary close to their homes The neighborhood is built out and no further roads are required Construction of the roadway would destroy the purpose of the property Planning Commission voted unanimously to approve the rezoning with the road vacation Mr Gokey asked a number of questions and moved to suspend the Council Rules and allow him to ask all of his questions without a time limit; seconded by Mr Mancinelli, carried 7-1 with Mr DiTullio voting no Motion by Mr Hanley to approve Council Bill 09-2003, (Ordinance 1283), Case No WZ- 03-03, for the following reasons 1 The change in zone is compatible with the surrounding area 2 The change in zone will not adversely affect the public health, safety, or welfare 3 The change in zone will conserve numerous mature trees, and provide a noise buffer from 1-70 to the north 4 The change in zone will provide social and physical benefits to the surrounding area and community, and would also be a valuable asset to the City as a whole 5 The change in zone to Conservation District will be more consistent with the Comprehensive Plan Designation of Agricultural Estate Residential than the current zoning of R-1 C, seconded by Mr Schneider; carried 6-2 with Mr Mancinelli and Mr Gokey voting no Mr Gokey would probably support this if it was in a different location, if it was adjacent to the Greenbelt; if it was hooked up to a facility where he could be assured that the management of this property wouldn't slip into disrepair; this is a huge liability and he compliments Karen that she is willing to take this on He can't condone the zone change and the limits on restrictions that the City could impose on this property There is a proper place for everything and he doesn't feel this is it. Mr Mancinelli feels to put a 3Yz acre wildlife sanctuary in the middle of a residential community is absolutely bizarre We have probably the largest greenbelt and wildlife area in any municipality in the area and he doesn't see the need for another one right in the middle of a neighborhood CITY COUNCIL MINUTES April 14, 2003 Page -4- Motion by Mr Hanley to approve Council Bill 08-2003, (Ordinance 1284), Case No WV- 03-01 for the following reasons 1 Although it is inconsistent with the Comprehensive Plan, it appears that the present public streets leave the City with adequate access for emergency services. 2 Allowing construction of a street at this site will negate the point of the site being rezoned as a Conservation District. 3 This vacation of right-of-way will be granted only if City Council approves the change in zoning 4 Arvada Fire Department did not indicate they need this street for fire access, seconded by Ms Figlus, failed 5-3 with Councilmembers Schneider, Mancinelli and Gokey voting No (This needed 6 votes in favor to pass) Mr Schneider is confused because staff had said earlier that this could hamper future emergency services and the motion says there is adequate access for emergency services He cannot support this Item 2. Public Hearing on application filed by Neil Boucher for approval of a three- lot replat of properties zoned Residential-Two (R-2) and located at 3240 Pierce Street, 3225 Otis Street, and 6745 West 32nd Avenue (Case No MS-02-09) Item 2 was introduced by Mr DiTullio, Executive Summary read by the Deputy Clerk. Travis Crane, Community Development, was sworn in by the Mayor and presented the staff report and showed slides of the properties Ralph Colasanti was sworn in by the Mayor and stated he was here for the applicant, who was not able to attend He agreed with everything staff had presented tonight and was available to answer questions Mr DiTullio stated that the former owner had stated that a single family home would be put on Lot 2 Mr Crane said the new owner is planning to put a duplex on Lot 2 Mr DiTullio will not make the motion because he cannot support this Motion by Mr Edwards to approve Case No MS-02-09 for the following reasons 1 The replat meets all requirements of a final plat. 2 All requirements of the zone district will be met. With the following condition The cash in lieu of parkland dedication fee be paid prior to the issuance of the Certificate of Occupancy for Lot 2, as originally requested as part of the Last Greenhouse Subdivision, seconded by Mr Mancinelli, carried 5-3 with Councilmembers DiTullio, Schneider and Gokey voting no CITY COUNCIL MINUTES April 14, 2003 Page -5- Mr DiTullio will not support this because Council was told previously that a single family home would be put on this lot and now all of a sudden it looks like there are going to be 3 duplexes going in this area Mr Gokey will not support this because there needs to be a movement in this community to move toward owner occupied housing We have dwindled down to a rental community We have one of the largest rates of rental of any community per capita in the Denver Metro area. Why are we letting this proliferate by letting more of these take place He doesn't understand why the original process had taken place and a single family house was built there Mr Schneider agrees with Mr DiTullio and Mr Gokey Item 3 Public Hearing on Street Width Designation for Harlan Street between West 44th Avenue and West 48th Avenue Jay Street from 4530 Jay Street to 4640 Jay Street West 49th Place from Van Gordon Street and east approximately 230 lineal feet. Item 3 was introduced by Mr Mancinelli who also read the executive summary Tim Paranto, Director of Public Works, was sworn in by the Mayor He explained that the Harlan Street Streetscape Project, which runs north of 44th Avenue and only impacts the portion that is within the City, which is the southbound lanes is proposed as a Streetscape Project providing some street landscape features between the sidewalk and the curb and gutter To accommodate those features the project is envisioned to move the curb and gutter to the east to allow space for the planting of material and pedestrian lights, etc This portion of the street would actually change from a 30 feet width to a 24 feet width to accomplish the desired results The Jay Street project involves a short 1 block section that does not have curb and gutter on the west side of the street in the 4500 and 4600 blocks That project would build curbwalk along the west side of the street and align that street as it is to the north and to the south of the improvement, changing in that one location the street width from a 28 feet width to a 34 feet width which is the street width for a majority of the street in either direction West 49th Place is an unimproved Asphalt Street at this time, it is proposed to be paved approximately 230 feet long, as a curb and guttered street. The existing pavement has a 22 feet edge to edge asphalt and would ultimately have a 36 feet width Robert Vermillion developer of Lakemont Center, spoke in support of the widening of West 49th Place CITY COUNCIL MINUTES April 14, 2003 Page -6- Tom Acheson, 4775 Harlan Street, was neither for nor against the project, but wondered about how long the construction would last and the traffic impact. Motion by Mr Mancinelli that street widths be established for the following streets · Southbound Harlan Street from 44th Avenue to 48th Avenue - 24 feet. · Jay Street from 4530 Jay Street to 4640 Jay Street - 34 feet · West 49th Place from Van Gordan Street east approximately 230 lineal feet - 36 feet, as recommended by the Public Works Department; seconded by Mr Edwards, carried 8-0 ORDINANCES ON FIRST READING Item 4. Council Bill 12-2003 - An Ordinance amending Section 26-115 VarianceslWaiverslTemporary Permitsllnterpretations of the Wheat Ridge Code of Laws (Case No ZOA-03-03) Council Bill 12-2003 was introduced on first reading by Mr Gokey; summary read by the Deputy Clerk. Motion by Mr Gokey to approve Council Bill 12-2003, Case No ZOA-03-03, on first reading, ordered published public hearing set for April 28, 2003 at 7 00 P m in City Council Chambers, and if approved on second reading, that it take effect 15 days after final publication, seconded by Mrs Rotola, carried 8-0 Item 5. Council Bill 13-2003 - An Ordinance creating the Office of Municipal Court Marshal Council Bill 13-2003 was introduced on first reading by Mr Schneider' summary read by the Deputy Clerk. Motion by Mr Schneider to approve Council Bill 12-2003 Case No ZOA-03-03, on first reading, ordered published, public hearing set for May 12, 2003 at 7 00 P m in City Council Chambers, and if approved on second reading that it take effect 15 days after final publication, seconded by Mrs Rotola, carried 8-0 - CITY COUNCIL MINUTES April 14, 2003 Page -7- DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 Consent Agenda. A. Approval of Closing Agreement among the City Adolph Coors Company and the Internal Revenue Service B Approve Final Renewal for RFB-01-024 Forestry Services to various firms in the total amount of $78,400 C Motion that the Monday, May 26,2003 meeting, which falls on Memorial Day, be rescheduled for Tuesday May 27,2003 Consent Agenda was introduced and read by Mr DiTullio Motion by Mr DiTullio for the approval of the Consent Agenda, seconded by Mr Edwards, carried 8-0 ELECTED OFFICIALS' MATTERS Odarka Figlus moved to reconsider Item 2, seconded by Mr DiTullio, tied 4-4, Mayor broke the tie by voting no Motion failed 5-4 with Councilmembers Hanley, Figlus, DiTullio and Gokey voting yes EXECUTIVE SESSION WAS HELD. Meeting adjourned at 10'06 P m C\ \-.. ~.~ ( >- \T Christa Jones, Deputy City Clerk UNCIL ON APRIL 28 2003 BY A VOTE OF 8 to 0 The preceding Minutes were prepared according to ~47 of Robert's Rules of Order Ie 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