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Home My WebLink About04/28/2003 @~lIT1 @ 0 CITY OF WHEAT RIDGE, COLORADO April 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, 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 Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF April 14. 2003 Motion by Mr DiTullio for the approval of the Minutes of April 14, 2003, seconded by Mr Schneider' carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the following Proclamations Foster Care Month - May 2003 Days of Remembrance - April 27 through May 4, 2003 Public Service Recognition Week - May 5 through May 9 2003 Mental Health Month - May 2003 CITIZENS' RIGHT TO SPEAK Walt Pettit, Manager of the Wheat Ridge Water District, distributed Water Restrictions for 2003 This also pertains to customers of Valley Water and Consolidated Mutual As of Thursday, May 1, odd addresses will be watering on Saturdays and Wednesdays, even addresses will water on Sunday and Thursday; all others will water on Tuesday and Friday Monday is a no watering day No watering between 10 00 a m and 6 00 P m Plant what you can eat. There will be substantial fines for violators Motion by Mr Schneider to suspend the Rules and allow Mr Pettit to continue, seconded by Mr Edwards, carried 7-1 CITY COUNCIL MINUTE~ April 28, 2003 Page -2- William Peterson, 6601 West 26th Avenue, thanked the City of Wheat Ridge for the streetscaping on 38th Avenue, the Christmas lights, the jazz on the net. He gave a check to the City Clerk for $50 00 for the lights, the jazz, whatever for the City Amber Rae, 4000 Yarrow Street, addressed Ordinances 1273 and 1274, Psychic Advisors and Tattoo Parlors She is concerned about limiting free enterprise and asked that these Ordinances be repealed APPROVAL OF AGENDA Motion by Mr Schneider to hold an Executive Session after Elected Officials Matters for the City Manager's annual review; seconded by Mr Mancinelli, carried 7-1 with Mr Gokey voting no PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Public Hearing on Request for approval of a Special Use Permit to allow for the expansion of a Pet Care Facility with associated variances for property located at 11440 West 44th Avenue (Case No SUP-02-02) (Pet Village, Inc.) Item 1 was introduced and read by Mr Hanley Meredith Reckert, Community Development Department, was sworn in by the Mayor and presented the staff report. Randy Leeds architect for the applicant, was sworn in by the Mayor and agreed with the staff report. The new building will tie in with the old building as far as color and roof construction This facility will provide about 60 more kennels, which is a 40% increase Most of the animals will be housed in the new addition, with the exception of their busiest times of year Dan Charleton, owner/applicant, was sworn in by the Mayor and answered questions Motion by Mr Hanley to approve Case No SUP-02-02 a request for approval of a special use permit to expand an existing pet care facility for property zoned Agricultural- Two and located at 11440 West 44th Avenue for the following reasons 1 It will meet a proven public need to fill a void in necessary services 2 It will not have a negative impact on the general health, safety and convenience of persons in the neighborhood, and fire services will be improved 3 The request will not contribute to blight in the neighborhood 4 Revenues to the City may increase 5 It will not impact the adequate supply of light and air nor will it cause significant noise, water or air pollution CITY COUNCIL MINUTES"""" April 28, 2003 Page -3- With the following conditions 1 The special use shall be a grant of use that runs with the land in perpetuity 2 That the concrete fire access pad be shortened in length, and have trees planted between the existing building and the proposed addition Staff will work with the applicant and Arvada Fire Department to locate the trees so fire access is not compromised, seconded by Mr Gokey; carried 8-0 Motion by Mr Hanley to approve variance request A, considered concurrently with Case No SUP-02-02, a request for approval of a 10 foot rear yard setback variance from the 15 foot rear yard setback requirement resulting in a 5 foot rear yard setback for property zoned Agricultural-Two and located at 11440 West 44th Avenue, for the following reasons 1 The request will not alter the essential character of the locality 2 The split zoning of the property does constitute a hardship 3 The request will not have a negative impact on the surrounding neighborhood or community; seconded by Mr Mancinelli, carried 7-1 with Mr DiTullio voting no Mr DiTullio stated that, based on the comments made by the Planning staff regarding the variance, the applicant can still go ahead and build his building, just a smaller footprint, if the variances were denied The property can yield a reasonable return in use, service, or income if the variance is denied Motion by Mr Hanley to approve variance request B, considered concurrently with Case No SUP-02-02, a request for a 4 8% variance to the maximum allowed building coverage of 25% for property zoned Agricultural-Two and located at 11440 West 44th Avenue, for the following reasons 1 The request will not alter the essential character of the locality 2 The split zoning of the property does constitute a hardship 3 The request will not have a negative impact on the surrounding neighborhood or community; seconded by Mrs Rotola, carried 7-1 with Mr DiTullio voting no Item 2. Council Bill 10-2003 - An Ordinance amending Section 26-614 Trash Storage Area Screening of the Code of Laws of the City of Wheat Ridge (Case No ZOA-03-01) Council Bill 10-2003 was introduced on second reading by Mr Schneider, who also read the title and executive summary; Clerk assigned Ordinance No 1284 Meredith Reckert presented the staff report. CITY COUNCIL MINUTES- April 28, 2003 Page -4- Motion by Mr Schneider to approve Council Bill 10-2003 (Ordinance 1284) on second reading as in the packet; seconded by Mr DiTullio Motion by Ms Figlus for an amendment to add in Section E Screening is not required for dumpsters that are used by the community exclusively for the purpose of recycling, seconded by Mr Hanley; carried 6-2 with Mr Schneider and Mr Mancinelli voting no Original Motion as amended carried 8-0 Item 3. Council Bill 11-2003 - An Ordinance amending Section 26-223 Architectural Design Overlay District (ADO) of the Code of Laws of the City of Wheat Ridge (Case No ZOA-03-02) Council Bill 11-2003 was introduced on second reading by Mr DiTullio, Clerk read the attached Memo from Meredith Reckert and assigned Ordinance No 1285 Meredith Reckert presented the staff report. Motion by Mr DiTullio to approve Council Bill 11-2003 (Ordinance 1285) on second reading and it take effect 15 days after final publication, seconded by Mr Edwards, carried 8-0 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 second reading by Mr Gokey, who also read the title, Clerk assigned Ordinance No 1286 and read the executive summary Meredith Reckert presented the staff report. Motion by Mr Gokey to approve Council Bill 12-2003 (Ordinance No 1286) on second reading, seconded by Mr Schneider; carried 8-0 ORDINANCES ON FIRST READING Item 5. Council Bill 14-2003 - An Ordinance providing for the approval of rezoning from Agricultural-One to Planned Industrial Development and approval of an Outline Development Plan for property located at 5130 Parfet Street, City of Wheat Ridge (Case No WZ-02-12) (Dave Hoss) Council Bill 14-2003 was introduced on first reading by Mr Hanley who also read the title CITY COUNCIL MINUTES"""'" April 28, 2003 Page -5- Motion by Mr Hanley to approve Council Bill 14-2003 on first reading, ordered published, public hearing set for May 27, 2003 at 7 00 P m in City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs Rotola, carried 8-0 Item 6. Council Bill 15-2003 - An Ordinance amending each and every reference in the Code of Laws of the City of Wheat Ridge to the Department or Director of "Planning and Development" or "Planning and Development" Department or Director to "Community Development" Department or Director (Case No ZOA-03-04) Council Bill 15-2003 was introduced on first reading by Mr Mancinelli, who also read the title Motion by Mr Mancinelli to approve Council Bill 15-2003 on first reading, ordered published, public hearing set for May 12, 2003 at 700 P m in City Council Chambers, and that it take effect 15 days after final publication, seconded by Mr Schneider; carried 8-0 Item 7. Council Bill 16 - An Ordinance amending Section 26 of the Wheat Ridge Code of Laws pertaining to Special Uses (Case No ZOA-03-06) Council Bill 16-2003 was introduced on first reading by Mr Edwards, who also read the title Motion by Mr Edwards to approve Council Bill 16-2003 on first reading, ordered published, public hearing set for May 27,2003 at 700 P m in City Council Chambers and that it take effect 15 days after final publication seconded by Mr DiTullio, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 8. CONSENT AGENDA A. Resolution 07-2003 - amending the fiscal year 2003 Capital Improvement Program (CIP) budget to reflect the approval of a supplemental budget appropriation B Resolution 08-2003 - Supporting the recommendations contained in the draft Environmental Impact Statement prepared for the West Corridor Project. C Right of Way Acquisitions for Skylines Estates Filing #3 CITY COUNCIL MINUTE~ April 28, 2003 Page -6- D Agreement for Affiliation between University of Northern Colorado, College of Health & Human Sciences, Department of Human Services and the City of Wheat Ridge E. Allocation of $40,000 from the 2003 Capital Improvement Program Budget to the 38th Avenue Business District. F Approval of the Third Renewal for Municipal Building Custodial Services to American Facilities Maintenance in the amount of $49,668 G 2003 scheduled Fleet Replacement: Approve Purchase of Dump Truck, Box and Sander Consent Agenda was introduced and read by Mr Edwards Ms Figlus pulled Items A. Band E Motion by Mr Edwards to approve C D F G, seconded by Mrs Rotola, carried 8-0 B Motion by Ms Figlus to adopt Resolution 08-2003, seconded by Mr Hanley; carried 8-0 A. Motion by Ms Figlus to approve Resolution 07-2003 a budget supplemental appropriation from Fund 30 CIP unallocated reserves in the amount of $160,000 to Acct. No 30-303-800-840, $150,000 to Acct. No 30-303-800-859, $133,500 to Acct. No 30-303-800-895, and $25,000 to Acct. No 30-304-800-843 for a total appropriation of $468,500; seconded by Mr Schneider Ms Figlus asked that an explanation be given by staff to address the purpose of these transfers Tim Paranto, Director of Public Works, explained that we are moving 2 projects forward that were not completed in the 2002 budget; one, being a construction project on 49th and Van Gordon, which was budgeted for $160,000, another is the Master Plan for the Streetscape, which was not completed in 2002, we are bringing it forward to 2003 in the amount of $150,000 There is a change in the allocation of projects for the Community Block Grant monies, in the amount of $133,500 That money has now been targeted to complete a project on Jay Street, from 35th to 38th There was $40,000 of new allocation for the 38th Avenue Business District as part of this particular motion There was a correction in the actual budget approved by City Council for traffic signal work. The narrative showed $200 000 in allocation but the spreadsheet showed only $150,000 so the correction was made at this time Motion carried 8-0 CITY COUNCIL MINUTES- April 28, 2003 Page -7- E. Motion by Ms Figlus to allocate $40,000 from CIP Acct. No 30-610-700-721 to the 38th Avenue Business District; seconded by Mr DiTullio, carried 8-0 COUNCIL COMMITTEE REPORTS Jerry DiTullio gave update on City Affairs Committee - they received Economic Development update from the City Manager's Office, discussed changing the voting requirements to a third meeting on non-quasi-judicial public hearings-nothing came out of that discussion, they also addressed changing the Manager Review Form at their next meeting CITY MANAGER'S MATTERS Randy Young asked City Council to hand out information on West Nile Virus at their first Monday meetings there will also be information on Channel 8 and our website CITY ATTORNEY'S MATTERS Mr DiTullio asked for consensus to wait until after the November Election to review the Judges Consensus was 7 in favor Motion by Mr Edwards that Mr Dahl be instructed to draft an Ordinance for first reading to bring our Adult Business License Ordinance in compliance with a recent Federal Appeals Court Decision, seconded by Mr Gokey; carried 8-0 ELECTED OFFICIALS' MATTERS Motion by Mr Schneider to hold an Executive Session for Personnel Matters under Charter Section 57 (b)(2) and Section 24-6-402-4 C R S , specifically for Performance Evaluation of the City Manager I further move to adjourn the Council Meeting at the conclusion of the Executive Session seconded by Mr DiTullio, carried 8-0 Motion by Mr Edwards to direct the City Attorney to write Ordinances adjusting compensation for the offices of City Clerk and City Treasurer applicable to terms of office commencing on and after the Regular Municipal Election on November 2003 as follows 1 For City Clerk. Base salary equivalent to that of the current annual salary for the position of Mayor For persons who are either certified as Municipal Clerk or possess a Masters Degree in Public Administration, $22,000 per year 2. For City Treasurer' Base salary equivalent to that of the current annual salary for the position of Mayor For persons who are either a Certified Public Accountant or possess a Masters Degree in Public Administration or Business Administration, or Finance, $22,000 per year 3 No City paid benefits for either position CITY COUNCIL MINUTES'":""" April 28, 2003 Page -8- I further move that the ordinances be brought forth to City Council for first reading on May 12, 2003 and that the Council President be given discretion to cancel the Study Session scheduled for the sole purpose of discussing the compensation for the positions of City Clerk and City Treasurer; seconded by Mr Gokey Motion by Ms Figlus to amend Mr Edward's Motion to ask the City Attorney to research if there are additional qualifications that would be at the same level as those suggested by Mr Edwards that could be included seconded by Mr Hanley; failed 2-6 with Mr Hanley and Ms Figlus voting yes Original Motion carried 6-2 with Ms Figlus and Mr Hanley voting no Dean Gokey asked for consensus to direct staff to come forward with recommendations for an appeal process for the architectural design code Consensus was 7 in favor Meeting adjourned at 9'30 p m EXECUTIVE SESSION WAS HELD , I - jt,~,L" ~"'r' Wanda Sang, City Qerk APPROVED BY CITY COUNCIL ON BY A VOTE OF 8 to 0 I I / / -., ~lf<~ t.-L{'lr {~{{(A Davl chnel er, Council Presiaent- The preceding Minutes were prepared according to 947 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