Loading...
HomeMy WebLinkAbout03/28/2005 @~uu @@~~@~~ ~~~~~~~ CITY OF WHEAT RIDGE, COLORADO March 28, 2005 Mayor pro tem Schulz 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. Mayor Cerveny was absent. 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 March 14, 2005 Motion by Mr. DiTullio for the approval of the Minutes of March 14, 2005; seconded by Mrs. Sang; carried 8-0. PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the Proclamation for National Kite Week, April 18 through April 23, 2005. Don Eafanti accepted the proclamation. CITIZENS' RIGHT TO SPEAK Mayor pro tem Schulz read the following statement into record. "The City of Wheat Ridge has received numerous complaints from residents about an intrusive telephone survey, also being referred to as a push poll, regarding the proposed Cabela's store off of 1-70 and SH 58. Some residents have complained to the City of being repeatedly called to finish the push poll while others say the survey questions are biased and provide misleading or false information. Others have called the City because they say the screeners told them the poll was sponsored by Wheat Ridge, which it was not. The proposed Cabela's development is of great interest to the citizens of Wheat Ridge and the push poll is contributing to the rumors, tensions and misinformation surrounding this proposed project. This is counterproductive to the open, public process the City of Wheat Ridge is facilitating. City Council - on behalf of the citizens of Wheat Ridge and in the spirit of openness and fairness - calls upon the firm conducting the push poll, Research Data Design of Portland, to immediately do the following: - CITY COUNCIL MINUTES: March 28, 2005 Page -2- 1. Publicly disclose who is paying for the poll; 2. Publicly release the polling instrumenUquestions, the sample size and scope, and the actual number of people who participated in the survey; and, 3. Release the full results of the poll - including cross-tabs - to the public. Due to the apparently and misleading information in the push poll, City Council intends to pursue this matter until the survey's sponsor or sponsors are identified." Item 1. Consent Agenda: A. RESOLUTION 05-2005: A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION OF $1,000 FOR THE PURCHASE OF WHEAT RIDGE RECREATION CENTER PUNCH CARDS FOR THE WHEAT RIDGE FIRE DEPARTMENT. B. RESOLUTION 16-2005: A RESOLUTION AWARDING RFP-05-14 2005 RIGHT-OF-WAY MAINTENANCE PROJECT AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR THE PROJECT, ALONG WITH AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION. C. City Contributions to Outside Agencies. D. RESOLUTION 15-2005: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION, AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR PROJECT NO. 0703-294, ALONG WITH AMENDING THE FISCAL YEAR 2005 CAPITOL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION. Consent Agenda was introduced and read by Mrs. Rotola. Mr. DiTullio asked to pull Item 1 B. Mr. Gokey asked to pull Item 1A. and 1 D. Motion by Mrs. Rotola to approve Item 1 C; seconded by Mr. DiTullio; carried 8-0. Item 1A. RESOLUTION 05-2005: A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION OF $1,000 FOR THE PURCHASE OF WHEAT RIDGE RECREATION CENTER PUNCH CARDS FOR THE WHEAT RIDGE FIRE DEPARTMENT. Mr. Gokey introduced the item. -- CITY COUNCIL MINUTES: March 28, 2005 -- Page -3- Motion by Mr. Gokey to approve Resolution 05-2005 amending the Fiscal Year 2005 Budget to reflect the approval of a supplemental budget appropriation of $1 ,000.00 for the purchase of Wheat Ridge Recreation Center Punch Cards for the Wheat Ridge Fire Department; seconded by Mr. DiTullio. Mr. Gokey stated that he will be donating his Recreation Center pass for the remainder of his term and any future terms he may serve. Motion carried 8-0. Item 1B. RESOLUTION 16-2005: A RESOLUTION AWARDING RFP-05-14 2005 RIGHT-OF-WAY MAINTENANCE PROJECT AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR THE PROJECT, ALONG WITH AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION. Mr. DiTullio introduced the item. City Clerk Pam Anderson read the title and executive summary. Motion by Mr. DiTullio to approve Resolution 16-2005 awarding RFP-05-14 2005 Right- of-Way Maintenance Project and in connection therewith, approving the expenditure of funds for the project, along with amending the Fiscal Year 2005 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $50,000.00; seconded by Mrs. Sang. Motion for an amendment by Mr. Gokey to add $25,000.00 for Noxious Weed Management in accordance with the Noxious Weed Management Plan. This $25,000.00 shall be a supplement to the 2005 Parks Department Noxious Weed Management Budget, in addition to the $18,000.00; seconded by Mr. DiTullio; carried 8-0. Original motion as amended carried 8-0. Item 1 D. RESOLUTION 15-2005: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION, AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR PROJECT NO. 0703-294, ALONG WITH AMENDING THE FISCAL YEAR 2005 CAPITOL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION. Mr. Gokey introduced the item. - CITY COUNCIL MINUTES: March 28, 2005 Page -4- Motion by Mr. Gokey to approve Resolution 15-2005 approving a contract with the Colorado Department of Transportation, and in connection therewith, approving the Expenditure of Funds for Project No. 0703-294, along with amending the Fiscal Year 2005 Capital Investment Program Budget to reflect the approval of a Supplemental Budget Appropriation of $120,000; seconded by Mrs. Adams; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 03-2005: AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT LOCATED AT 3230 YOUNGFIELD SERVICE ROAD, 3270 YOUNGFIELD SERVICE ROAD, 3291 YOUNGFIELD SERVICE ROAD, 3300 YOUNGFIELD SERVICE ROAD, 13001 WEST 32ND AVENUE, AND 13501 WEST 32ND AVENUE. (CASE NO. WZ-04-06/70 WBC, LLC) Council Bill 03-2005 was introduced on second reading by Mr. Stites. Meredith Reckert, Community Development Planner, was sworn in and presented the staff report. Mrs. Reckert entered the comprehensive plan, zoning ordinance, subdivision regulations, case file and packet materials, and digital presentation into the record. Dwaine Richter, applicant, was sworn in and testified. He submitted five (5) documents into the record. He asked for approval of his applications. Arthur Wise, Arthur Wise Architects AlA, Architect and Land Planner for 70 West Business Center, was sworn in and asked for approval of the car wash and additional uses in the zoning district. There will be 4 self service bays and 2 automatic bays, as well as a small office. Carl Packer, Kraiger and Associates, was sworn in and testified on behalf of the applicant regarding traffic impacts of the proposed development. Diane Davies, Faegre and Benson, LLP, an attorney representing the applicant, was sworn in and testified regarding land use issues. She requested that there be no continuance of this hearing because the issues that have been presented are not new and to the extent that there is anything new or different, such as some of the traffic information, that information relates to conditions that are not related to this development, but are related to Cabela's and shouldn't be used to delay the applicant's ability to develop the property. CITY COUNCIL MINUTES: March 28, 2005 Page -5- Connie Mauldin, was sworn in and testified in opposition to this item. There are 3 car washes in the immediate area and a similar car wash as the one proposed, 2 miles away. She asked that Council think about if they would want a carwash across the street from them. Steve Schaller, was sworn in and stated that he is opposed to moving the sign over to the west side because the light would shine right into his living room. Renee Pribyl, was sworn in and reiterated what Mr. Schaller had to say about the sign. She has no problems with the carwash proposal as long as there is no servicing of vehicles. Alan White, Director of Community Development, was sworn in and spoke to some of the issues that were brought up during the applicant presentations. He asked that Council approve the Outline Development Plan, but postpone approval of the Final Development Plan to allow staff and the applicant to work out details and review the traffic study. Tim Paranto, Director of Public Works, was sworn in and answered questions from Council. Outline Development Plan Motion by Mr. Stites to approve Case No. WZ-04-06, a request for approval of an amended Outline Development Plan for properties zoned Planned Commercial Development at 3230 Youngfield Service Road, 3270 Youngfield Service Road, 3291 Youngfield Service Road, 3300 Youngfield Service Road, 13001 W. 32nd Avenue, and 13501 w. 32nd Avenue for the following reasons: 1. The proposed amendment is consistent with uses in the C-1 zone district. 2. All requirements for an Outline Development Plan have been met. With the following conditions: 1. Eliminate the use of temporary uses such as produce and bedding plant sales; 2. Remove light vehicle maintenance and repair as a permitted use in Areas D and E; seconded by Mrs. Sang and Mrs. Rotola. Motion to amend by Ms. Berry to add that the sign location shown on the ODP shall only be allowed if the existing 70 West Business Center sign is removed; seconded by Mr. Gokey; carried 8-0. Original motion as amended carried 5-3 with Mrs. Rotola, Mr. Gokey, and Mr. DiTullio voting no. Mr. Gokey feels that there will be a minimal benefit to the community as well as the additional social and recreational, physical and economic benefits do not meet the needs of the community. - CITY COUNCIL MINUTES: March 28, 2005 Page -6- Final Development Plan Motion by Mr. Stites to continue to Apri/25, 2005 Case No. WZ-04-06, a request for approval of a Final Development Plan for properties located at 3270 Y oungfield Service Road, 3291 Youngfield Service Road, 13001 W. 32nd Avenue, and 13501 W. 32nd Avenue for the following reasons: In order for the applicant and staff to work out issues on access and easements and notes for the final development plan; seconded by Mr. DiTullio; carried 8-0. Item 3. COUNCIL BILL 25-2004: AN ORDINANCE ESTABLISHING A STORMWATER MANAGEMENT UTILITY; SETTING SERVICE CHARGES RELATED THERETO; AND PROVIDING FOR THE MANAGEMENT THEREOF, INCLUDING USE OF REVENUES, ADMINISTRATION OF PROGRAMS, APPEALS, AND ENFORCEMENT. Council Bill 25-2004 was introduced by Mrs. Sang on second reading. Motion by Mrs. Sang to continue the public hearing for Council Bill 25-2004 to Monday, June 27, 2005 in City Council Chambers; and that it take effect 15 days after final publication; seconded by Mrs. Adams and Mrs. Rotola; carried 7-1 with Mr. Gokey voting no. Mr. Gokey has no doubt that we need to address storm water in this community. This process takes longer than what was provided in the guidelines. By June 27 we will not have all the information we need to do this correctly. ORDINANCES ON FIRST READING Item 4. COUNCIL BILL 04-2005: AN ORDINANCE PROHIBITING SALES AND SOLICITATIONS IN CERTAIN PLACES, AND PROHIBITING AGGRESSIVE SOLICITATION. Council Bill 04-2005 was introduced on first reading by Mrs. Rotola. Motion by Mrs. Rotola to approve Council Bill 04-2005 on first reading, order it published, public hearing set for Monday, April 11, 2005 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Sang. Motion to amend by Mr. Gokey to remove the 15 days and make the Council Bill effective immediately; seconded by Mrs. Sang; carried 8-0. Original motion as amended carried 8-0. - CITY COUNCIL MINUTES: March 28, 2005 ....... Page -7- Meeting adjourned at 9:53 p.m. mela . nderson, City Clerk APPROVED BY CITY COUNCIL ON APRIL 11, 2005 BY A VOTE OF ~ to ~ . /) ~/ . / t L ?1{:/) L{:L I b' c{ / Lena Rotola, Council President 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.