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HomeMy WebLinkAbout02/14/2005 - ~..,',".'.',','m.'.,'..;':. ..,.,/~..,..,"G\.,',;"..".,<<.;, _'.,.,".,:.:'.'.,. ;',';'...'...,..@,'..'.'.. :j ..t ;: .....f .; ~'.;" ':,.'. - "-,' : ,: ,: - "',,, ,I; -~_ :. ': ..' -'<:,_ ( -'; :.'. ". . >'. "':" ", ,; "<." '-. . ",'.-. '.. . " ",' , >:,':_::,~::':;:}":,-'-,'-~.' .")"_,"2,' )" ,_ " ,,; '-)""'r" i ;":, >.' CITY OF WHEAT RIDGE, COLORADO February 14. 2005 Mayor Cerveny called the Regular City Council Meeting to order at 7:00 p.m. Council members 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; Deputy City Manager Patrick Goff; City Attorney, Gerald Dahl; Director of Community Development, Alan White; staff; and interested citizens. APPROVAL OF MINUTES OF January 24.2005 Motion by Mr. DiTullio for the approval of the Minutes of January 24, 2005; seconded by Mr. Schulz; carried 8-0. CITIZENS' RIGHT TO SPEAK There was no one present to speak. APPROVAL OF AGENDA Motion by Mrs. Rotola to amend the agenda to move Item 1 D. from the Consent Agenda to before Item 2. under PUBLIC HEARINGS AND ORDINANCES ON SECOND READINGS; seconded by Mrs. Sang; carried 8-0. Approval of Agenda as amended carried 8-0. Item 1. Consent Aaenda: A. Motion approving Cultural Commission by-laws. B. Award ITB-05-07 2005 Crack Seal Project. C. Motion authorizing the Mayor to sign a letter of permission for a twenty year covenant by the State of Colorado to be placed on the Baugh Property for the purpose of grant funding to the Wheat Ridge Historical Society for use at the Baugh House. CITY COUNCIL MINUTeS: February 14, 2005 - Page -2- E. RESOLUTION 10-2005: ACCEPTANCE OF GRANT FUNDS FROM THE COLORADO GARDEN SHOW, INC. IN THE AMOUNT OF $5,000 FOR THE PURPOSE OF PLANTING MATERIAL FOR THE DEMONSTRATION GARDENS LOCATED AT THE RICHARDS HART ESTATE. Mr. Gokey asked to remove Item 1.C. Consent Agenda was introduced and read by Mrs. Rotola. Motion by Mrs. Rotola for approval of the Consent Agenda Items A.B.E.; seconded by Mr. Schulz and Mrs. Sang; carried 8-0. Mr. Stites introduced Item 1 .C. and made a motion to authorize the Mayor to sign the letter of permission for a twenty year covenant on the Baugh House property as a condition of receipt of grant funds from the Colorado Historical Fund to the Wheat Ridge Historical Society for the purpose of restoration of the exterior of the Baugh House; seconded by Mr. DiTullio; carried 7-1 with Mr. Gokey voting no. Mr. Gokey stated that while he supports the Colorado Historical Society and the improvements they have made at several sites around the State, he does not support this site. He believes that there are more useful sites in the City, such as a historical park. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 D. RESOLUTION 09-2005 : APPROVING AN ASSIGNMENT AGREEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AND PARTICIPATION AGREEMENT TRANSFERRING TO THE CITY AND COUNTY OF DENVER, THE CITY OF WHEAT RIDGE'S 2005 ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW- AND MIDDLE- INCOME PERSONS. The item was introduced by Mrs. Rotola. City Clerk Pam Anderson read the executive summary. Barbara Delgadillo, Assistant to the City Manager, presented the staff report. CITY COUNCIL MINU~: February 14, 2005 Page -3- Motion by Mrs. Rotola to adopt Resolution No. 09-2005 assigning and transferring to the City and County of Denver, a portion of the City of Wheat Ridge's 2005 allocation from the state ceiling for private activity bonds to finance residential housing facilities for low- and middle-income persons and families within the City and certain other cities and counties in the State of Colorado; authorizing the delegation to the City and County of Denver, of the authority of the City of Wheat Ridge with respect to the issuance of single family home mortgage revenue bonds to finance residential housing facilities for low- and middle-income persons and families within the City and certain other cities and counties in the State of Colorado; approving such bonds and the single family mortgage loan program; and authorizing the execution and delivery of a delegation and participation agreement, an assignment agreement and other documents in connection therewith. I further move to authorize the Mayor to sign all documents and the City Attorney to notify the City and County of Denver of Council's decision; seconded by Mrs. Sang; carried 8-0. Item 2. REQUEST FOR APPROVAL OF A SPECIAL USE PERMIT TO ALLOW A CAR WASH FOR PROPERTY LOCATED AT 4470 WADSWORTH BLVD. (Case No. SUP-04-03) (Kwik Car) Item 2 was introduced by Mrs. Sang. Ms. Anderson read the executive summary. Travis Crane, Community Development, was sworn in and presented the staff report. He entered the case file, packet materials, the zoning ordinance and digital presentation into the record. Mr. Crane also entered into the record a letter of support from an adjacent property owner. Peter Ziemke, 3285 Moore Street, Wheat Ridge, was sworn in and presented a report on behalf of the property owner, S & 0 Development. He introduced Aaron Green, project manager; Rob Wilcox, future owner of the proposed car wash and his partner, Bob Evans; John Aldridge, project and traffic engineer; and Jason (inaudible), property owner, with S & 0 Development. John Aldridge, principal in Aldridge Transportation Consultants, was sworn in and made a presentation on the traffic impact analysis. Ken Skogg, attorney, 370 1 ih Street, Suite 4900, Denver, representing Pep Boys, was sworn in. He stated their on-going objection to the project as it is being proposed and asked Council to deny the Special Use Permit. Geoff Wodell, representing Holy Cross Lutheran Church, stated their objections to this project regarding a long-standing parking easement on the property. CITY COUNCIL MINU-I~: February 14, 2005 Page -4- Alan Feinstein, Jefferson County Housing Authority, was sworn in and stated that his organization's objection still stands. He agrees with Mr. Skogg's comments. Council asked questions. Mayor Cerveny called a recess at 8:15 p.m. The meeting was reconvened at 8:31 p.m. Mr. Dahl clarified procedural issues and recommended that Council give the applicant an opportunity to address the question of the easement. Mr. Ziemke responded to the question of the easement and the comments made by Mr. Skogg regarding the objections of Pep Boys. Mr. Green responded to previous questions and comments. Mayor Cerveny closed the public hearing. Motion by Mrs. Sang to deny Case No. SUP-04-03 for the following reasons: The SUP creates spot zoning. Westbound intersection located at 44th & Wadsworth is inadequate for right hand turn lanes creating cut through traffic in the parking lot. The SUP does not support the City's strategic goal #2, City is prepared for growth opportunities and the SUP does not support strategic principal E, quality retail; seconded by Mr. DiTullio; failed 6-2 with Mr. DiTullio and Mrs. Sang voting yes. Motion by Mr. DiTullio to continue Case No. SUP-04-03 for action only until March 14, 2005 for the following reason: To allow staff to confirm the easement issue and bring in that information; seconded by Mrs. Sang; failed 6-2 with Mr. DiTullio and Mrs. Sang voting yes. Motion by Mr. Gokey to approve Case No. SUP-04-03 for the following reasons: 1. The car wash 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 car wash facility will not create nor contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. 3. Given the unusual parcel size and shape, other development opportunities would be difficult. CITY COUNCIL MINUr~: February 14, 2005 Page -5- With the following conditions: 1. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. 2. The property shall be developed in accordance with the site plan, as included as Exhibit 6. 3. The grant of use shall be for the property and may be inherited; 4. That the Police Department and Community Development Department work together with the landscape profiling of this site to end up with a safe and usable site configuration. Seconded by Mr. Schulz; carried 6-2 with Mr. DiTullio and Mrs. Sang voting no. Mr. DiTullio is against this because it does not conform to our strategic plan, on either quality retail or planning for the future. Mrs. Sang voted no because she frequents that area, she banks over there, and it will make a terrible situation even worse and we will rue the day that we put that much traffic over in one area. ORDINANCES ON FIRST READING Item 3. COUNCIL BILL 02-2005: AMENDING CITY OF WHEAT RIDGE CODE OF LAWS PERTAINING TO BUSINESS LICENSES. Council Bill 02-2005 was introduced on first reading by Mr. Gokey. Motion by Mr. Gokey to approve Council Bill 02-2005 on first reading, ordered published, public hearing set for Monday, February 28, 2005 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8-0. CITY ATTORNEY'S MATTERS Mr. Dahl asked for a short executive session; he has prepared a motion for Mr. DiTullio. ELECTED OFFICIALS' MATTERS Mr. Gokey asked the general public of Wheat Ridge if they would like to participate in our NRS study. Please contact one of your Councilmembers. There will be small focus groups of anywhere from two to eight people. It will take no longer than 90 Minutes. It's just a few questions. If you want to know how you can impact the community and how you can participate, this is definitely one of the ways. CITY COUNCIL MINUTES: February 14, 2005 Page -6- Mr. DiTullio agreed with Mr. Gokey. He has already 5 or 6 meetings set up. Mr. Schulz and Mrs. Rotola are also setting up meetings in District IV. Please call if you are interested. Motion by Mr. DiTullio to convene into executive session for a conference with the City Attorney under Charter Section 5.7 (b)(1) and Section 24-6-402 (4) (b), C.R.S., specifically legal advice concerning the petition of the Prospect Park and Recreation District. I further move to adjourn the Council Meeting at the conclusion of the executive session; seconded by Mrs. Sang; carried 8-0. Recess to Executive session at 8:22 p.m. Executive Session was held. ~~ityCI~rk - APPROVED BY CITY COUNCIL ON FEBRUARY 28, 2005 BY A VOTE OF /j) . i /jg Lena Rotola, Counci sident 8 to o. 'l 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 the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions.