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Home My WebLink About12/13/2004 @~w @@M~@~[L ~~~Mu~~ CITY OF WHEAT RIDGE, COLORADO December 13.2004 Mayor Cerveny called the Regular City Council Meeting to order at 7 00 P m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio Dean Gokey, Lena Rotola Wanda Sang Larry Schulz, and Mike Stites Also present: City Clerk, Pamela Anderson, 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 November 22, 2004 Motion by Mr DiTullio for the approval of the Minutes of November 22 2004 seconded by Mr Schulz and Mrs Sang, carried 7-1 with Mr Gokey abstaining PROCLAMATIONS AND CEREMONIES Recognition of Service for Robert Howard Mayor Cerveny recognized Robert Howard for his many years of volunteer service to the City of Wheat Ridge Mr Howard was integrally involved in the incorporation of the City He has served in many capacities including as a member of City Council, a long-standing member of the Board of Adjustment, and ad-hoc and advisory positions Councilor Dean Gokey presented a plaque to Mr Howard and thanked him for his dedication and service to the City of Wheat Ridge Mr Howard said a few words in acceptance of his award CITIZENS' RIGHT TO SPEAK Rory Algueseva stated that he is disturbed by the absence of any noise regulations in the City of Wheat Ridge Item 1. Consent AQenda. A. Award RFB-04-038 Forestry Maintenance Services to various firms in the total amount of $78 400 00 B Award RFB-04-042 Vehicle Lease/Police CITY COUNCIL MINUTES' December 13, 2004 Page -2- C RESOLUTION 32-2004 AMENDING THE FISCAL YEAR 2004 POLICE INVESTIGATION FUND (17) BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION FOR THE PURCHASE OF AN ELECTRONIC FINGER PRINTING AND PALM PRINTING (LIVE SCAN SYSTEM) D RESOLUTION 36-2004 HONORING THE VIETNAMESE-AMERICAN COMMUNITY E RESOLUTION 33-2004 LEVYING GENERAL PROPERTY TAXES FOR THE YEAR OF 2004, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2005 BUDGET YEAR F Cancellation of Study Session of December 20, 2004 and City Council Meeting scheduled for Monday, December 27,2004 G RESOLUTION 34-2004 PROVIDING TAX INCENTIVES TO THE COORS BREWING COMPANY FOR THE MODERNIZATION OF THE COORS BOTTLING FACILITY IN THE CITY OF WHEAT RIDGE H RESOLUTION 35 -2004 CLOSING THE BAUGH HOUSE FUND I Approval of Final Plat for Arvada Ridge Development in the City of Arvada J Appointment of Murray, Dahl, Kuechenmeister and Renaud as City Attorney K. Appointments to Building Code Advisory Board Consent Agenda was introduced by Mr DiTullio Motion by Mr DiTullio to approve the Consent Agenda, seconded by Mr Gokey; carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 23-2004 AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-TWO TO PLANNED HOSPITAL DISTRICT FOR PROPERTIES LOCATED AT 8301 AND 8321 WEST 32ND AVENUE, AND THE AREA LABELED AS "TRACT A" ON THE EXEMPLA LUTHERAN HOSPICE OUTLINE DEVELOPMENT PLAN CITY OF WHEAT RIDGE COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO WZ-04-07/EXEMPLA) Council Bill 23-2004 was introduced on second reading by Mr Stites City Clerk, Pam Anderson, assigned Ordinance No 1336 CITY COUNCIL MINUTES" December 13,2004 Page -3- City Planner, Travis Crane, presented the staff report. Everitt Davis, representing the applicant, testified before City Council regarding the history and purpose of the project. Motion by Mr Stites to approve Council Bill 23-2004 (Ordinance No 1336) Case No WZ-04-07, to take effect 15 days after final publication, for the following reasons 1 The change in zone, while not in conformance with the City of Wheat Ridge Comprehensive Plan future land use designation, will provide a harmonious transition between the existing hospital and existing residential properties 2 The proposed use is compatible with the surrounding area and will provide a beneficial service to the citizens and patients of the Exempla Hospital facility 3 The change of zone will not adversely affect the public health, safety or welfare, seconded by Mr DiTullio, carried 8-0 Item 3. COUNCIL BILL 22-2004 AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS BY AMENDING SECTIONS 5-76,5-78 5-79 AND 5-82 TO ADOPT THE 2003 INTERNATIONAL CODES WITH AMENDMENTS AND ADOPTING SECTIONS 5-84, 5-85 5-86 AND 5-87 TO ADOPT THE 2003 INTERNATIONAL ENERGY CONSERVATION CODE, 2003 INTERNATIONAL RESIDENTIAL CODE 2003 INTERNATIONAL FIRE CODE, AND 2003 INTERNATIONAL FUEL GAS CODE WITH AMENDMENTS Council Bill 22-2004 was introduced on second reading by Mr DiTullio City Clerk, Pam Anderson, read the executive summary and assigned Ordinance No 1337 Chad Root, City Building Official, presented the staff report for this item and answered questions from Council members Mr Gokey stated he will not support the ordinance because he feels that the City Council should consider these items individually Motion by Mr DiTullio to approve Council Bill 22-2004 (Ordinance No 1337) and that it take effect 15 days after final publication, seconded by Mrs Sang carried 7-1, with Mr Gokey voting no CITY COUNCIL MINUTES December 13,2004 Page -4- Item 4. COUNCIL BILL 24-2004 AN ORDINANCE AMENDING CHAPTER 22 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE SALES AND USE TAX. Council Bill 24-2004 was introduced on second readrng by Mrs Adams City Attorney, Jerry Dahl presented the staff report. City Clerk, Pam Anderson, assigned Ordinance No 1338 Motion by Mrs Adams to approve Council Bill 24-2004 (Ordinance No 1338) on second reading and that it take effect January 1, 2005, seconded by Mr Schulz; carried 8-0 Item 5. Public Hearing on request for the approval of a Special Use Permit to allow for a dog day care facility on a-2 (Agricultural Two) zoned property located at 4322 & 4330 Xenon Street (SUP-04-05) (Grosse) Mr Schulz introduced Item 5 and read the executive summary Jeff Hirt, Community Development Department, presented the staff report. Applicant Kent Grosse, accompanied by Meg Grosse, was sworn in by the Mayor and testified regarding the history and purpose of the application He stated that he and his wife had previously been part owners of a kennel in Arvada and had experience in running a day care facility David Sanderson, representing his clients Bruce Miller and Andrew MacArthur (owners of the business at 4219 Xenon Street), was sworn in by the Mayor and testified in opposition to the approval of a special use permit. He listed traffic, noise, air pollution, odor, and other impacts to the neighborhood He asked that the special use be denied Andrew MacArthur, 4219 Xenon Street, was sworn in by the Mayor and stated that competition was not a concern Only 5-7% of their business are day care They are concerned of the fragile nature of the neighborhood already, that it's going to continue The following people were sworn in by the Mayor and testified in support of the applicant: Janice and Ryan Petosky, clients of the applicant. Duane Caraballo agent for Keller-Williams real estate Barbara Bright, 4325 Xenon Street. Joy Mengel, 4350 Xenon Street. Diane Logsdon client of the applicant. Cindy Beckfeld 4365 Xenon Street. Anthony Deorio, representing his family as the sellers of the property CITY COUNCIL MINUTE'S December 13, 2004 Page -5- Janice Thompson, 12290 W 42nd Avenue testified regarding her concerns about the changing nature of the area from residential to commercial She is reserving her support regarding the approval, and taking in consideration the desires of the neighborhood will not oppose the approval Rory Algueseva, 4225 Xenon Street, lives right next door to the kennel "Beds and Biscuits He played a recording of barking dogs and testified regarding his opposition to the approval citing his concerns about the changing nature of the neighborhood from residential to commercial noise pollution and declining property values Council members asked questions of staff and the applicant. Motion by Mr Schulz to approve Case No SUP-04-05 for the following reasons 1 The dog day care facility will create minimal impacts upon the general health welfare safety and convenience of persons residing or working in the neighborhood of the proposed use 2 The dog day care facility will not create nor contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use 3 The impacts of the dog day care facility can be minimized by staff's recommended conditions of approval 4 The approval of the dog day care facility will provide an incentive to occupy and rehabilitate vacant and relatively unmaintained property With the following conditions 1 The property shall be utilized in accordance with Exhibit 1 (Letter of RequesUOperational Description) and Exhibit 2 (Site Plan) 2 All outside dog runs shall be surrounded by a six foot solid fence so that the interior of the outside dog run is not visible from public streets or adjacent properties 3 There shall be no overnight boarding of any of the dogs 4 There shall be no selling of any animals on the premises 5 Business hours shall be between 7 00 a m and 9 00 P m Monday through Saturday 6 Multiple documented complaints about barking dogs shall be grounds for invoking the enforcement procedures of Section 26-114(F) of the Code of Laws 7 The applicants shall file a consolidation plat for the properties located at 4322 and 4330 Xenon with the Community Development Department within one month of approval of the Special Use Permit. 8 The grant of use shall be a personal grant to the applicant and may not be inherited seconded by Mrs Rotola CITY COUNCIL MINUTE"5 December 13,2004 Page -6- Motion by Mrs Sang to amend condition 5 to change the business hours to between 7 00 a m and 7 00 P m Monday through Saturday' seconded by Mr Gokey. carried 8-0 Original motion as amended carried 7-1, with Mr DiTullio voting no Mr DiTullio was opposed for the following reasons We don't have enough staff to enforce the conditions that have been placed on this property; it is a very subjective SUP, it warranted a different type of Zoning request; we are advocating spot zoning by doing this, this will not be owner-occupied property in a residential area and we have been trying to advocate homeownership in the City of Wheat Ridge and to protect the neighborhoods Item 6. Public hearing on 2005-2006 Community Development Block Grant Allocations Barbara Delgadillo, Assistant to the City Manager, presented the staff report. Ruth Ann Russell, President of Family Tree, Inc , thanked the City for their many years of support. This has been their toughest year of fund raising If there is any way to reconsider please do so They help 24,000 families each year Motion by Mrs Rotola to approve staff's recommendation for use of the City's 2005- 2006 Community Development Block Grant (CDBG) award allocation as follows $185000 or full jurisdictional award as established by HUD for Phase II of the street and pedestrian improvements of area bounded by 46th Avenue and 1-70 Estes through Carr Streets, seconded by Mr Schulz and Mr Gokey; carried 8-0 DECISIONS. RESOLUTIONS, AND MOTIONS Item 7. RESOLUTION 37-2004 NEIGHBORHOOD REVITALIZATION STRATEGY (NRS) Resolution 37-2004 was introduced by Mrs Rotola. Mrs Anderson read the executive summary Motion by Mrs Rotola to approve Resolution 37-2004 repealing Resolution 23-2004 and amending the fiscal year 2004 budget to prepare a neighborhood revitalization strategy in the amount of $195,00000 She also moved to approve a ten percent contingency in the total amount of $19,500 for this project; seconded by Mr Gokey' carried 8-0 CITY ATTORNEY'S MATTERS Jerry Dahl thanked Council for the reappointment to City Attorney CITY COUNCIL MINUT~ December 13, 2004 Page -7- ELECTED OFFICIALS' MATTERS Motion by Mr Gokey to schedule a Special City Council Meeting for 5 00 p m on Monday December 20, 2004, to be posted at the Municipal Building and published in the newspaper of record seconded by Mrs Rotola, carried 8-0 Meeting adjourned at 9'54 p m -' A\\\J.J", O-.oLv----- Pamela Y Anderson City Clerk ...... APPROVED BY CITY COUNCIL ON January 10, 2005 BY A VOTE OF ~ to ~ I i ,1 I "It 't " t. Lena Rotola Council President The preceding Minutes were prepared according to S47 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