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HomeMy WebLinkAbout05/09/2005 - @~uw @@illJ~ - 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 Page -2- 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 '~ Page -3- 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 Page -4- 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 " Page -5- 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 ...... Page -6- 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 -...- Page -7- 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 Page -8- 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) ~ 1 I~) ,"" 1.1 A I'" / , /1/\ ) /, I/C C/ " 7; 'A....,/ 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.