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HomeMy WebLinkAbout05/23/2005 - -- @@illJ~@~~ 1~~illJ CITY OF WHEAT RIDGE, COLORADO May 23, 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; Deputy City Manager Patrick Goff; City Attorney, Gerald Dahl; Director of Community Development, Alan White; Director of Public Works, Tim Paranto; Director of Parks and Recreation, Joyce Manwaring; staff; and interested citizens. APPROVAL OF MINUTES OF May 9, 2005 Motion by Mr. DiTullio for the approval of the Minutes of May 9, 2005 as amended; seconded by Mrs. Sang; carried 8-0. PROCLAMATIONS AND CEREMONIES Mayor Cerveny read Proclamation for Cancer Survivors Day - June 5, 2005. CITIZENS' RIGHT TO SPEAK There was no one present to speak. Item 1. Consent Agenda: A. RESOLUTION 26-2005: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE PURCHASE OF SNOW AND ICE CONTROL EQUIPMENT, ALONG WITH AMENDING THE FISCAL YEAR 2005 GENERAL BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $105,000. B. RESOLUTION 27-2005: A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $14,864 TO REINSTATE ONE RECREATION CLERK POSITION AT THE SENIOR CENTER/COMMUNITY CENTER FROM 0.5 FTE TO 1.0 FTE. CITY COUNCIL MINUTES: May 23, 2005 -- Page -2- C. RESCHEDULE CITY COUNCIL STUDY SESSION SCHEDULED FOR JULY 4, 2005 TO WEDNESDAY, JULY 6, 2005. Consent Agenda was introduced and read by Mr. DiTullio. Mrs. Sang asked to have Item 1 C. pulled from the Consent Agenda. Motion by Mr. DiTullio to approve the Consent Agenda Items 1A and 1 B as printed; seconded by Mrs. Adams; carried 8-0. Motion by Mrs. Sang to cancel the July 4, 2005 Study Session; seconded by Mrs. Adams; carried 7-1 with Mr. Gokey voting no. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Mayor Cerveny announced that the public hearings will be combined for Items 2A, 2B and Item 3. She described the order of testimony for these items. Item 2. A. COUNCIL BILL 06-2005: AN ORDINANCE ESTABLISHING AGRICULTURE ONE ZONING FOR A PORTION OF STATE HIGHWAY 58 RIGHT-OF-WAY LOCATED GENERALLY WEST OF 1-70 AND EAST OF ELDRIDGE STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. (Case No. WZ-05/04/Highway 58) B. COUNCIL BILL 07-2005: AN ORDINANCE ESTABLISHING PLANNED COMMERCIAL DEVELOPMENT ZONING FOR PROPERTY LOCATED GENERALLY WEST OF 1-70, SOUTH OF HIGHWAY 58, AND NORTH OF WEST 32ND AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. (Case No. WZ-05-01/Cabela's & Coors) Item 3. PUBLIC HEARING ON REQUEST FOR APPROVAL OF A FINAL DEVELOPMENT PLAN FOR PROPERTY LOCATED WEST OF 1-70, SOUTH OF STATE HIGHWAY 58, AND NORTH OF WEST 32ND AVENUE. (Case No. WZ-05-02) Mayor Cerveny opened the public hearing. Council Bill 06-2005 was introduced on second reading by Mr. Stites. City Clerk assigned Ordinance No. 1344. CITY COUNCIL MINUTES: May 23, 2005 - Page -3- Council Bill 07-2005 was introduced on second reading by Mr. Stites. City Clerk assigned Ordinance No. 1345. Item 3 was introduced by Mr. Stites. Alan White was sworn in by the Mayor and presented the staff reports on Items 2A, 2B., and Item 3. He submitted the case files and packet materials, zoning ordinance, digital presentation and comprehensive plan for all items for the record. Mayor Cerveny accepted. Representatives of the applicant were sworn in and testified before the Council: Kevin Rhodes, Director of Real Estate for Cabela's, was sworn in by the Mayor and spoke on behalf of Item 2.B. relating to the zoning on their outline development plan. He stated they will continue to study the traffic issue as it relates to this property. They will come back for a final development plan at a later date. They have worked very hard in involving the community by having public hearings, developing a website, answering a hotline number. They are trying to address the issues as they are being presented by the public as they are coming forward. Neil Jaquet, 17755 W. 32nd Avenue (business address), Director of Water Resources and Real Estate, Coors Brewing Company, Golden, Colorado, was sworn in and spoke on behalf of Item 3., regarding the final development plan for the water storage property. He detailed their plans for water storage. Members of the public were sworn in and testified: Cheryl Brungardt, 5621 W. 36th Place, spoke in favor of Cabela's coming to Wheat Ridge and the benefits we will derive. This will put us on the map and be a win-win for all of us. Kate Newman, representing Jefferson County, distributed a letter outlining the County's concerns that approving grading as a use creates an entitlement for the proposed commercial uses. Michael Coen, 13146 W. 33rd Avenue, expects twice the traffic and would like to see the zoning addressed after the traffic situation is finalized. He likes Cabela's and thinks it's a great thing for the neighborhood, but he wants to see it done right. Jan McQuade-Sturm, Board member of the Applewood Valley Association, stated that they have grave concerns about the negative impact this development will have on the community if it is rushed rather than done properly. They resent directing regional traffic onto neighborhood streets. It has never been their intent to make Cabela's go away, rather they don't want the surrounding communities to be victimized by opening the store in 2006. CITY COUNCIL MINU1l!S: May 23, 2005 Page -4- Carol Taylor, 9750 W. 36th Avenue, spoke on behalf of herself and her husband James Taylor. Although she prefers open space to development, she is convinced that Cabela's is the best choice we can make and when finished this site will not only be the shining star for the City of Wheat Ridge and its desperately needed economic revival, but rather than just a big box anchor or yet another run of the mill shopping center, Cabela's will be a destination spot drawing people from all over the State and beyond, providing sportsmen with a top of the line shopping experience and people from the surrounding communities with an attraction to visit and enjoy. Jay Scruggs, 3082 Mountain Shadows Drive, testified in support of the project. Glenn Bloomer, 4764 Swadley Street, wholeheartedly supports Cabela's. He has visited a lot of their facilities. They are an excellent neighbor, as well as Coors. We need the tax base. Ron Bay, 7780 W. 38th Avenue, hopes that Council will approve these items and he can leave smiling. Staff and representatives of the applicant answered questions from members of the City Council. Carolynne White of Brownstein Hyatt & Farber, P.C., and land use counsel for the applicant, was sworn in and also answered questions. Mayor Cerveny closed the public hearing. City Clerk read the title for Item 2A. Motion by Mr. Stites to approve Council Bill 06-2005 (Ordinance No. 1344) and order it published on second reading; that the ordinance take effect immediately upon adoption, and with the following findings: 1. Colorado State Statute requires that for all property annexed by a municipality, zoning must be established within 90 days. 2. The A-1 zone designation is consistent with the zoning designation of 1-70. 3. The zoning will not adversely impact public health, safety or welfare. 4. The request meets the applicable rezoning criteria of Section 26-112 (D) of the Wheat Ridge Code of Laws; Seconded by Mrs. Adams and Mrs. Sang; carried 8-0. CITY COUNCIL MINUrES: May 23, 2005 - Page -5- Ms. Anderson read the title for Item 2B. Motion by Mr. Stites to approve Council Bill 07-2005 (Ordinance No. 1345) on second reading and that the Ordinance take effect immediately, and with the following findings: 1. The proposed zoning fulfills the State requirement that the annexed property must be zoned within 90 days. 2. The rezoning request meets the applicable rezoning criteria established in Section 26-112 (D) of the Wheat Ridge Code of Laws. 3. There has been a change in character in the area as evidenced by the annexation of the property, the commercial development to the south and the industrial development to the north. 4. The change in zone is compatible with the planned development zoning to the north, east and south. 5. The uses and the requirement to obtain a special use permit for any excavation or fill activity will minimize any adverse impacts to the surrounding area. 6. There will be a physical benefit to the change of zone resulting from the reclamation of the former gravel mine site. There will be a recreational benefit from the limited recreational use of the water storage reservoir. 7. The proposed uses and activities will have a limited impact on infrastructure. 8. The restricted uses will not have any adverse effect on the surrounding area. 9. The proposed rezoning will not create an isolated zone district. Seconded by Mrs. Sang and Mrs. Rotola; carried 8-0. Ms. Anderson read the title for Item 3. Motion by Mr. Stites to approve Case No. WZ-05-02 for the following reasons: 1. The Final Development Plan is in conformance with the Outline Development Plan. 2. The Final Development Plan meets the criteria in Article III of Chapter 26 of the Code of Laws pertaining to final development plans. With the following condition: 1. The 30 foot setback on the southern property boundary of the subject property shall be maintained until such time as final site work, including landscaping and fence construction, is commenced. Seconded by Mrs. Rotola; carried 8-0. Mayor Cerveny called a recess at 8:30 p.m. The meeting reconvened at 8:43 p.m. CITY COUNCIL MINUiE'S: May 23, 2005 - Page -6- Item 4. 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) (Continued from May 9, 2005) City Clerk Pam Anderson read the title of the item and the executive summary. Ordinance No. 1343 had already been assigned at the meeting of May 9, 2005. Tom Abbott, 10780 West 34th Avenue, member of the Board of Adjustment, submitted and read a letter into the record regarding his opposition to the proposed ordinance. Janet Bell, 10095 West 35th Avenue, member of the Board of Adjustment, spoke in opposition to the proposed ordinance. She suggested we take a look at the Comprehensive Plan area by area, as well as land development regulations. Mr. DiTullio asked Ms. Anderson to read into the record Item 3 of the Study Session Minutes of January 31, 2005. Motion by Mr. Schulz to postpone indefinitely Council Bill 05-2005 for the following reasons: 1. Council and staff will have a better understanding of needed zoning code revisions once the Neighborhood Revitalization Strategy is completed. 2. Denial by the % majority vote has affected only about 10% of the cases over the past 4 % years. 3. Applicants denied by failure to receive a % majority vote have not voiced their concern for the voting rule nor have they requested Council pursue a change to the current rules. 4. There is no compelling reason to amend the voting requirements at this time; seconded by Mr. DiTullio; carried 8-0. ORDINANCES ON FIRST READING Item 5. COUNCIL BILL 10-2005: AN ORDINANCE ADOPTING MANDATORY MINIMUM PENALTIES FOR VIOLATING THE VEHICLE INSURANCE PROVISIONS OF THE MODEL TRAFFIC CODE, AS ADOPTED BY THE CITY, AND AUTHORIZING THE RETENTION OF FIFTY PERCENT OF SUCH COLLECTED PENALTIES AS AUTHORIZED BY LAW. Council Bill 1 0-2005 was introduced on first reading by Mr. Gokey. Motion by Mr. Gokey to adopt Council Bill 1 0-2005 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 Mr. Schulz; carried 8-0. CITY COUNCIL MINUTi:S: May 23, 2005 Page-7- Motion by Mr. DiTullio that staff explores and brings forth an amendment which disburses collected fines to the police department and the victim; seconded by Mr. Stites; carried 6-2 with Mrs. Rotola and Ms. Berry voting no. Mr. DiTullio stated that this was not an amendment that would be published or an amendment that would go in the ordinance, it's just an informational piece in the packet that staff could bring forth and if they thought it was a good idea and made the recommendation that could be an amendment the night of the second reading. If they don't think it is a good deal then we don't make the amendment on second reading. CITY ATTORNEY'S MATTERS Mr. Dahl asked that an executive session be held regarding pending threatened legislation. ELECTED OFFICIALS' MATTERS Ms. Anderson announced that Mayor Cerveny received an award from the Senior Resource Center and the Jefferson County Center of Aging for "2005 Elected Official of the Year" for all the work she has done over the years for seniors and their issues. Motion by Mrs. Rotola to schedule a Study Session for Thursday, June 9, 2005 at 6:00 p.m. in the City Council Chambers for the purpose of a discussion of the Neighborhood Revitalization Draft Strategies; seconded by Mrs. Adams; carried 8-0. Motion by Mrs. Rotola to go into Executive Session for a conference with the City Attorney, City Manager and appropriate staff under Charter Section 5.7 (b) (1) and Section 24-6-402-(4) (B) C.RS., specifically legal advice regarding 1. the Prospect Valley Parks and Recreation District and 2. threatened litigation. She further moved to adjourn the Council Meeting at the conclusion of the Executive Session; seconded by Mrs. Sang; carried 8-0. EXECUTIVE SESSION WAS HELD Meeting adjourned at 9:56 p.m. APPROVED BY CITY COUNCIL ON JUNE 13, 2005 BY A VOTE OF 8 to 0 ,) ^ , - - \-/) 't t / I YI/J{ (/1:.... /' (1 '\lC'~_/ Lena Rotola, COdncil 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 CITY COUNCIL MINUTE'S: May 23, 2005 Page -8- listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions.