HomeMy WebLinkAbout05/09/2005
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CITY OF WHEAT RIDGE, COLORADO
May 9, 2005
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 April 25, 2005
Motion by Mr. DiTullio for the approval of the Minutes of April 25, 2005; seconded by Mrs.
Sang; carried 8-0.
PROCLAMATIONS AND CEREMONIES
Detective Bill Johnson, Arvada Police Department, and President of Colorado Auto
Theft Investigators Association (CATI), presented awards to Officer Kevin Koback and
Officer David Piermattei for their efforts in an investigation they conducted within the
Wheat Ridge Police Department.
Mayor Cerveny read Proclamation for Nurses Week.
Colleen Casper, Chief Operating Officer of Exempla Lutheran, accepted the Proclamation in
honor of 13 nurses nominated for the Colorado Nightingale Award. Three of the nominees
were also present to accept the proclamation.
Mayor Cerveny read Proclamation for Mental Health Month for May 2005 and presented
it to Mark Stone.
Mayor Cerveny read Proclamation for ALS Awareness Month - May 2005.
CITIZENS' RIGHT TO SPEAK
Roger Loecher, 4599 Carr Street, presented buttons that read "I'm from Wheat Ridge-
Ask me".
APPROVAL OF AGENDA
Motion by Mrs. Rotola to adjourn to executive session after the meeting; seconded by
Mrs. Sang: carried 7-1 with Mr. Gokey voting no.
CITY COUNCIL MINUTES: May 9, 2005
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Item 1. Consent AQenda:
A. Approve Award of ITB-05-06 2005 Overlay Project in an amount not to
exceed $586,479.85 (including contingency).
B. RESOLUTION 23-2005: A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE
CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD FOR
REIMBURSEMENT FOR STREET IMPROVEMENTS TO WEST 32ND
AVENUE BETWEEN MORNINGSIDE DRIVE AND SIMMS/SWADLEY
STREET.
C. RESOLUTION 24-2005: A RESOLUTION AMENDING THE FISCAL
YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE
APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN
THE AMOUNT OF $6,279.25 FOR EMERGENCY RESPONSE
ENVIRONMENTAL CLEAN-UP SERVICES.
D. RESOLUTION 25-2005: A RESOLUTION AMENDING THE FISCAL
YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE
APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN
THE AMOUNT OF $7,000.00 FOR LEGISLATIVE SERVICES.
E. Approval of Payment to CIRSA for deductible portion of claims paid by
CIRSA for March property casualty in the amount of $29,517.64.
F. Allocation of $40,000 from the 2005 Capital Improvement Budget to
the 38th Avenue Business District.
Consent Agenda was introduced and read by Mrs. Adams.
Mr. Schulz asked to pull Item 1 F.
Motion by Mrs. Adams for approval of the Consent Agenda Items 1A-1 E; seconded by
Mrs. Rotola; carried 8-0.
Motion by Mr. Schulz to continue Item 1 F until the 38th Avenue Business District can
review its mission in light of their Board decision to expand to the entire City, provide a
detailed financial report and a business plan for the next year; seconded by Mrs.
Adams.
Mr. DiTullio made a substitute motion. I move to allocate $40,000 from the CIP account
30-610-700-721 to the 38th Avenue Business District; seconded by Mrs. Sang.
Mr. DiTullio explained that at the last meeting of the 38th Avenue Business District the
board renamed their business district to the "Wheat Ridge Business District" by a vote
of 8-1. They want to allow all businesses in Wheat Ridge to apply for the grant money
the board currently has. He asked that the City Attorney explain that the Articles of
Incorporation were amended properly and he will come back and talk about the funding.
CITY COUNCIL MINUTES: May 9, 2005
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Mr. Dahl stated that the Articles of Incorporation for the 38th Avenue Business District
provide for a board of 11 members. Three of those members are appointed by the City
Council. The other members are elected board members that are not appointed by the
Council, so you have a total of eleven. The Articles can be amended at any time by
Resolution of the Board of Directors by 2/3 vote of the entire membership.
Mr. DiTullio gave an accounting of the money that has been spent on fagade
improvements, awnings, lighting, architectural design, etc.
Eugene Kiefel spoke on behalf of what is now the Wheat Ridge Business District.
He asked that Council ease up on the sign restrictions. He is very optimistic that by
including the entire City they will receive many applications from business people that
need help.
Roger Loecher spoke in support of the efforts of the 38th Avenue Business District and
the expansion of the district throughout the City and that the long term effects will pay
for itself.
Amendment to the substitute motion by Mr. Gokey that upon approval or failure of the
substitute motion this subject come to a Study Session; seconded by Mrs. Rotola;
carried 8-0.
Amendment to the substitute motion by Mr. Schulz that at the Study Session we look at
a detailed financial report and business plan for the next year; seconded by Mrs.
Adams; failed 5-3, with Councilmembers Schulz, Adams, and Berry voting yes.
Mr. DiTullio's substitute motion as amended carried 7-1, with Ms. Berry voting no.
Substitute Motion as amended carried 8-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2. COUNCIL BILL 05-2005: AN ORDINANCE AMENDING SECTION 2-53
(d) OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO VOTING
RULES FOR THE BOARD OF ADJUSTMENT.
(Case No. WCA-05-01)
Mayor Cerveny opened the public hearing.
Council Bill 05-2005 was introduced on second reading by Mr. DiTullio. Mr. DiTullio
read the executive summary and the statement of the issues. City Clerk Pam Anderson
assigned Ordinance No. 1343.
Alan White, Director of Community Development, presented the staff report and
answered questions from Council.
CITY COUNCIL MINUlCS: May 9, 2005
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Mayor closed the public hearing.
Motion by Mr. Schulz to continue this item until such time as the Council and Board of
Adjustment can hold a joint study session, to include a briefing to the Board regarding
the strategic plan, and any related Neighborhood Revitalization Study team
recommendations; seconded by Mrs. Adams.
Substitute motion by Mr. DiTullio to approve Council Bill 05-2005 (Ordinance No. 1343)
on second reading and that it take effect immediately upon adoption; seconded by Mrs.
Sang; tied 4-4; Mayor broke the tie by voting no. Motion failed 5-4 with
Councilmembers Stites, Sang, DiTullio, and Gokey voting yes.
Motion to amend by Mr. Gokey to bring the item to the next study session and to then
proceed to the next City Council meeting; seconded by Mr. DiTullio; carried 7-1 with Mr.
Stites voting no.
Original motion as amended carried 5-3 with Councilmembers Stites, DiTullio, and Sang
voting no.
Recess called at 8:15 p.m.
The meeting reconvened at 8:30 p.m.
Item 3. PUBLIC HEARING ON A REQUEST FOR APPROVAL OF AN
AMENDMENT TO A SPECIAL USE PERMIT FOR PROPERTY
LOCATED WEST OF 1-70, SOUTH OF HIGHWAY 58 AND NORTH OF
WEST 32ND AVENUE.
(Case No. SUP-05-04/Cabela's and Coors)
Mayor Cerveny opened the public hearing.
Item 3 was introduced by Mr. Stites.
Alan White was sworn in and presented the staff report. He submitted the case file and
packet materials, zoning ordinance and digital presentation for the record.
Carolynne White, Land Use Counsel for Cabela's, was sworn in and testified on behalf
of the joint applicants of Coors and Cabela's. She stated that it is the applicants' belief
that granting the two amendments to the Special Use Permit would not violate any of
the previous conditions of the permit or the nine criteria for the process.
Neil Jaquet, Director of Water Resources and Real Estate for the Coors Brewing
Company, Golden, Colorado, was sworn in and testified on behalf of the applicant. He
related the gravel mining operations that used to take place on this property.
CITY COUNCIL MINUTE'S: May 9, 2005
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Don DeDecker, 4005 Lee Circle, was sworn in and testified in support of the Council in
approving the annexation of this property and this project and asked for approval of
these amendments.
Kate Newman, Planner for Jefferson County Planning and Zoning Division, was sworn
in by the Mayor. She read their letter from May 9, 2005, which is in the Agenda Packet.
Cal Johnson, 4255 Everitt Street, was sworn in and asked for a favorable vote for this
proposal.
Jean Fields, 3270 Fenton, was sworn in and testified in support of the project as a
needed and great opportunity.
Janice Thompson, 12290 W. 42nd Avenue, was sworn in and stated her support for
this item. She thinks this project will support and enhance the property and the
greenbelt and feels that this is a quality development and has brought attention to the
problems with the highway system in the area.
Alan Clayborn, of Kumar and Associates, was sworn in and answered questions from
Council regarding the geotechnical issues for the special use permit.
Mark Nienhueser, Director of Construction for Cabela's, answered questions from
Council on negotiations with Jefferson County regarding the Table Mountain Animal
Shelter.
Mayor Cerveny closed the public hearing.
Motion by Mr. Stites to approve Case No. SUP-05-04 with the following findings:
1. The request will not have a detrimental effect upon the general health, welfare,
safety and convenience of persons residing or working in the neighborhood of
the proposed use.
2. The request will not create or contribute to blight in the neighborhood by virtue of
physical or operational characteristics of the proposed use.
3. The request will not adversely affect the adequate light and air, nor cause
significant air, water or noise pollution.
4. The request will not result in undue traffic congestion or traffic hazards, or unsafe
parking, loading, service or internal traffic conflicts to the detriment of persons
whether on or off the site.
5. The request is appropriately designed to be in harmony and compatible with the
character of the surrounding areas and neighborhood, especially with adjacent
properties.
CITY COUNCIL MINUlLS: May 9, 2005
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6. Will not overburden the capacities of the existing streets, utilities, parks, schools
and other public facilities and services.
7. The applicants have complied with the conditions of approval of the previous
SUP.
8. The applicants have demonstrated the ability to continuously meet the conditions
of approval.
With the following conditions:
1. The applicants shall adhere to the performance standards as listed in Section 26-
623 C 2 of the Zoning and Development Code, with the following exceptions:
a. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m., Monday
through Saturday, except for April 15 to May 15, where work will be
allowed on Sundays.
b. For areas within 200 feet of residential properties, the hours of
operation shall be limited to 7:00 a.m. to 7:00 p.m.
c. Fencing at a height of 48 inches shall be permitted.
d. The 30-foot setback shall not apply to the west, north, and east
property lines of the previously approved area and to all property lines
of the added area. The 30-foot setback shall remain a requirement
along the south property line of the previously approved area.
2. The community notification process established for questions and complaints
regarding the operation shall continue to be maintained.
3. There shall be no explosive devices used for the demolition or excavation of
material.
4. The applicants shall comply with the conditions of state permits regarding water
and air quality, and mining and reclamation.
5. The applicants shall continue to implement the City-approved noise abatement
plan.
6. All access to the site shall be from Mcintyre Street.
7. The grant of use shall be to the applicants and may not be inherited.
8. Violations of any of the above conditions may be grounds for revocation of the
special use permit.
9. The nine itemized issues listed in the letter dated May 9, 2005 from Nanette
Neelan, Jefferson County, shall be addressed to the satisfaction of the applicant
and the Director of Community Development.
Seconded by Mr. DiTullio; carried 8-0.
CITY COUNCIL MINUlCS: May 9, 2005
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ORDINANCES ON FIRST READING
Item 4. COUNCIL BILL 08-2005: AN ORDINANCE AMENDING SECTION 16-
127(e) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE
SALE OF ALCOHOL TO MINORS.
Council Bill 08-2005 was introduced on first reading by Ms. Berry.
Motion by Ms. Berry to approve Council Bill 08-2005 on first reading, order it published,
public hearing set for Monday, June 13,2005 at 7:00 p.m. in the City Council
Chambers, and that it take effect upon adoption; seconded by Mrs. Adams; carried 8-0.
Item 5. COUNCIL BILL 09-2005: AN ORDINANCE AMENDING SECTION 16-
103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
UNREASONABLE NOISE AND DISTURBING THE PEACE.
Council Bill 09-2005 was introduced on first reading by Mrs. Sang.
Motion by Mrs. Sang to approve Council Bill 09-2005 on first reading, order it published,
public hearing set for Monday, June 13, 2005 at 7:00 p.m. in the City Council
Chambers, and that it take effect 15 days after final publication: seconded by Mrs.
Rotola; carried 8-0.
ELECTED OFFICIALS' MATTERS
Motion by Mrs. Rotola to go into executive session for a personnel matter under Charter
Section 5.7(2) and Section 24-6-402 (4)(F), C.R.S., specifically: performance evaluation
of the City Manager. I further move to return to the open meeting at the close of the
executive session for the purpose of taking any formal action deemed necessary;
seconded by Mrs. Sang and Mr. Schulz; carried 6-2 with Mr. Gokey and Mr. DiTullio
voting no.
EXECUTIVE SESSION WAS HELD
CITY COUNCIL MINUTES: May 9, 2005
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The meeting was reconvened at the close of the executive session at 10:55 p.m.
Mr. Gokey did not return to the meeting.
Motion by Ms. Berry to increase the salary and pension of the City Manager by 5%
each, effective January 1, 2005; seconded by Mrs. Sang and Mrs. Rotola.
Motion to amend by Mr. DiTullio to schedule this matter for the May 23rd Council
meeting; seconded by Mr. Stites; failed 4-3 with Mr. DiTullio, Mr. Stites, and Mr. Schulz
voting yes.
Original motion carried 6-1 with Mr. DiTullio voting no.
Meeting adjourned at 10:59 p.m.
APPROVED BY CITY COUNCIL ON MAY 23,2005 BY A VOTE OF L to i)
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Lena otola, Council resident
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.