HomeMy WebLinkAbout03/28/2005
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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:
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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.
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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.
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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.
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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.
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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.
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CITY COUNCIL MINUTES: March 28, 2005
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Meeting adjourned at 9:53 p.m.
mela . nderson, City Clerk
APPROVED BY CITY COUNCIL ON APRIL 11, 2005 BY A VOTE OF ~ to ~
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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.