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HomeMy WebLinkAboutCity Council Minutes 02/27/2006 m~~ CITY OF WHEAT RIDGE, COLORADO February 27. 2006 Mayor DiTullio called the Regular City Council Meeting to order at 7 01 P m Council members present Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites and Terry Womble Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Deputy City Manager Patrick Goff; Director of Community Development. Alan White, Director of Public Works, Tim Paranto, Police Chief Damel Brennan, staff; and Interested citizens APPROV AL OF MINUTES OF February 13, 2006 Motion by Mr Gokey for approval of the Minutes of February 13, 2006, seconded by Mrs Sang, earned 8-0 PROCLAMATIONS AND CEREMONIES Mayor DiTullio made an announcement regarding the public hearing process for Item 2 and the proposed re-zoning of the property known as the Olinger property Police Chief Daniel Brennan presented a Salvation Army Award to City of Wheat Ridge Pollee _ Department and City Employees in recognition of their fund raising effort for the 2005 Gulf Coast Hurricanes Disaster Relief Programs Mayor DiTullio made a presentation to Councilor Lena Rotola and Barbara Delgadillo for their work and dedication on Wheat Ridge 2020 City Manager Randy Young also presented Ms Delgadillo a gift certificate on behalf of the City A recess was called at 7 11 P m to address audIO techmcal difficulties Meeting resumed at 7 20 P m CITIZENS' RIGHT TO SPEAK Chief Jim Payne, Wheat Ridge Fire Protection District, presented the Annual Report to the Wheat Ridge City Council Larry Nelson, Cornerstone Realty, announced the nbbon cutting for the Housing Authonty proJect. CITY COUNCIL MINUTES FEBRUARY 27,2006 Item 1. Page -2- CONSENT AGENDA: A. Motion to approve an Investment Oversight Committee B Award ITB-06-12 2005 Crack Seal Project in the amount not to exceed $43,301 50 C RESOLUTION 08-2006 - AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $95,00326 FOR THE POLICE DEPARTMENT RADIO UPGRADE PROJECT Consent Agenda was introduced and read by Mr Stites Mr Gokey asked to pull Item C Motion by Mr Stites for approval of the Consent Agenda Items A, and B , seconded by Councilmembers Schulz and Rotola, carried 8-0 Motion by Mr Gokey to approve Resolution 08-2006-A Resolution Amending the Fiscal Year 2006 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of $95,00326 for the Police Department Radio Upgrade Project; seconded by Mrs Sang, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. A REQUEST FOR HISTORICAL LANDMARK DESIGNATION FOR PROPERTY ZONED RESIDENTIAL-TWO (R-2) LOCATED AT 7495 W 29TH AVENUE (CASE NO WHL-05-01) (CONTINUED FROM JANUARY 23,2006 FOR ACTION ONL Y) Item 2 was Introduced by Mr Womble City Clerk Pam Anderson read the executive summary Motion by Mr Womble that the City Council decline to approve the application under Case No WHL-05-01 for the follOWing reasons 1 The absence of suffiCient factors under Section 26-906 of the Wheat Ridge Code of Laws, 2 The property owner does not consent to the designation, and 3 The applicant and property owner have reached an agreement with respect to the preservation of certain structures and elements on the site I further move that Case No WHL-05-01 be postponed indefinitely CITY COUNCIL MINUTES FEBRUARY 27,2006 Page -3- I further move that City Council s action shall not take effect until the approval by the City Council of an Outline Development Plan for the subject property, which approval shall contain as conditions that: - 1 The Olinger house shall be retained in its present location and exterior condition, normal maintenance and upkeep excepted 2 The Intenor of the main house may be used for any purpose permitted by the then-current zoning 3 The eXisting pergola shall be moved, if feaSible, to a location or locations on the subject property or shall be reconstructed at one or more locations on the subject property 4 An option to acquire the old house and barn on the site (for no monetary conSideration) shall be granted to any responsible organization, conditioned upon such option being exercised and the buildings moved off of the site prior to the initiation of any construction on the site by the owner 5 (a) No application for a demolition permit shall be accepted, nor any such permit Issued by the City for the Olinger house (mansion) or the pergola until the pending ODP application for the subject property has either been approved or denied, pursuant to the customary review process for such applications (b) The architectural design of any new structures on the property Will be consistent with the elements of the architectural style of the Olinger house, including such elements as, by way of example roof lines and shapes building materials and colors, Window patterns, building Size, bUilding mass 6 The property owner shall have consented to the foregOing conditions of an Outline Development Plan approval on the record before the City Council I further move that In the event the ODP shall not have been approved, with all of the foregOing conditions, prior to April 24 2006 the denial of Case No WHL-05-01 shall not take effect and said case shall be rescheduled for action only by the Council at the next available regular Council meeting, seconded by Mr Gokey Meredith Reckert Senior Planner, presented the staff report Janelle Shaver, 8890 W 35th Avenue spoke on behalf of the Wheat Ridge Histoncal Society She gave documents to the City Clerk to be distributed to CounCil City Clerk Pam Anderson asked If It was appropnate to distribute these items City Attorney Dahl stated that the hearing was closed on January 23, 2006 and that Includes any written documents which are the same as testimony The only exception to that IS statements that are taken from the applicant. property owner and staff on the proposal tonight Additional documents gOing In the record are the same as testimony, of course we are preventing others from testifying and that would apply as well to the Hlstoncal Society and any additional exhibits We are going to hold those in a file and indicate they were exhibits received after the hearing had already been closed CITY COUNCIL MINUTES FEBRUARY 27, 2006 Page -4- Janelle Shaver continued her testimony and gave background on the Historical Society They are In support of an Outline Development Plan for the Olinger property based on the provision that a final ODP contain nine specific conditions, which she outlined in detail She read a letter from James Lindberg, Director of Preservation Initiatives and Rural Heritage of the National Trust for Historic Preservation She also read an e-mail from Steve Turner, Director of Preservation Services for Historic Denver Andrew Miller, 200 Spruce Street, Denver, property owner gave background on how he bought the property In summer of 2005 with the clear understanding that Wadsworth IS a great commercial street. Had he known this controversy would erupt, he would have never bought the property He has tried to come up with a proposal that would address everybody's concerns He outlined all the concessions and compromises he has planned Eighty percent (80%) of the beautiful trees on the property are diseased and will have to come down City Council asked questions of staff, the applicant and the property owner Lee Callas, 4390 Dover Street, answered questions from Council regarding potential funding for preservation efforts Motion carried 8-0. Recess called at 8 21 pm Meeting resumed at 8 33 p m Item 3 A REQUEST FOR THE APPROVAL OF A FINAL DEVELOPMENT PLAN AND PLAT FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT LOCATED AT 4900 AND 4990 PARFET STREET (CASE NOS WZ-05-11 AND MS-05-04) (PHARO FOR BEAR LAND HOLDINGS) - Item 3 was Introduced by Mrs Rotola Ms Anderson read the executive summary Mayor DiTullio opened the public hearing Councilor Adams stated for the record that she met with John Medved on unrelated matters on January 24, 2006 They were both aware of the application at that meeting and did not diSCUSS the proposed application On the adVice of the City Attorney, she was requested to make this disclosure and the fact that this meeting will not prevent her from voting on thiS pending application Mayor DiTullio swore In all individuals Intending to testify in the public hearing Meredith Reckert made the staff presentation She submitted the zoning ordinance, subdivISion regulations case file and packet materials, and exhibits She stated that all notification and posting requirements have been met and that there is jurisdiction to hear the case CITY COUNCIL MINUTES FEBRUARY 27,2006 Page -5- Mike Pharo, 2835 West Oxford Ave #6, Englewood, testified on behalf of the applicant and outlined the reauest for approval of the final development pl3n and plat Bruce McLennan, SEM Architects, 677 S Colorado Blvd, Denver, gave background on the proposed design Wendell Ayers, 7852 S Elatl Street. Lakewood, testified regarding the drainage Issues and Improvements for the development. Dennis Polk, 1667 Cole Blvd, Golden, Attorney for the applicant, believes he has come 7 times before City Council to talk about W 50th Avenue He asked that the dedication not be required Chuck Stiesmeyer lives on the northwest corner of the development He has come to the City numerous times regarding 50th Avenue and related some of the reasons why he IS opposed to building the street and the problems it would cause City Council asked questions of staff and the applicant John Medved spoke in response to a question regarding past discussions on 50th Avenue Mayor DiTullio closed the public hearing - Final Development Plan Motion by Mrs Rotola to approve Case No WZ-05-11, a request for approval of a Planned Commercial Development Final Development Plan for properties located at 4900 and 4990 Parfet Street for the follOWing reasons 1 ProvISions for employee parking have been Incorporated into the FDP 2 The Final Development Plan IS consistent with the standards set forth in the approved Outline Development Plan for the site 3 All requirements for a PCD Final Development Plan have been met. With the fo!lowlng conditions 1 The drainage system for the northern portion of the site be redesigned to accommodate a half-Width (30') dedication for West 50th Avenue 2 Pnor to installation of the vehicle demonstration testing area, additional Information be prOVided regarding the use, maintenance and management of thiS area 3 The applicant continues working With the ditch companies to resolve concerns prior to Issuance of a building permit 4 The applicant continues working With the Clear Creek Valley Water and Sanitation District for inclUSion Into the district for sanitary sewer purposes Seconded by Ms Berry CITY COUNCIL MINUTES FEBRUARY 27, 2006 Page -6- Motion by Mrs Sang to amend to strike condition #1, seconded by Mr Gokey; tied 4-4, with Councilmembers Berry, Rotola, Adams, Schulz voting no, Mayor DiTullio broke the tie by voting yes Motion carried 5-4 Onglnal Motion as amended carried 6-2 with Mrs Rotola and Mrs Adams voting no Final Plat Motion by Mrs Rotola to approve Case No MS-05-04, a request for approval of a final plat for property zoned Planned Commercial Development located at 4900 and 4990 Parfet Street for the following reasons 1 All requirements of the SubdiVision Regulations have been met. 2 Staff recommends approval With the follOWing condition 1 30' of nght-of-way be dedicated for West 50th Avenue and the easements on the north end be redefined to reflect required changes Seconded by Ms Berry Motion by Mrs Sang to amend to stnke condition #1, seconded by Mr Womble, carried 6-2 With Ms Berry and Mr Schulz voting no Original Motion as amended carried 8-0 Mr Gokey left the meeting for a bnef recess ORDINANCES ON FIRST READING Item 4 COUNCIL BILL 05-2006 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO REFERENCES TO THE STREETSCAPE AND ARCHITECTURAL DESIGN MANUAL CounCil Bill 05-2006 was Introduced on first reading by Mr Schulz Motion by Mr Schulz to approve CounCil Bill 05-2006 on first reading, order It published. publiC heanng set for Monday, March 13, 2006 at 7 00 P m In City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs Sang and Mrs Rotola, carned 7-0 CITY COUNCIL MINUTES FEBRUARY 27,2006 Page -7- Item 5 COUNCIL BILL 06-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE CHANGE FROM R-2, RESIDENTIAL-TWO TO PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 7495 W 29TH AVENUE (CASE NO WZ-05-10) (MICHAEL PHARO FOR M & E FINANCIAL LLC) Council Bill 06-2006 was introduced on first reading by Mr Womble Motion by Mr Womble to approve Council Bill 06-2006 on first reading, order it published, publiC hearing set for Monday, April 24, 2006 at 700 P m in City Council Chambers, and that It take effect 15 days after final publication, seconded by Mrs Sang, earned 7-0 DECISIONS, RESOLUTIONS. AND MOTIONS Item 6 Board and Commission Appointments DISTRICT I -- Motion by Mr Womble to appoint Kathy Deitsch to the Animal Welfare and Control Commission, term ending 3/2/09, Davis Reinhart to the Board of Adjustment, term ending 3/2/09. Kenneth Adams to the Building Code Advisory Board, term ending 3/2109, Karen Grupe to the Parks & Recreation Commission, term ending 3/2/09 Anne Brinkman to the Planning Commission, term ending 3/2/09, Carolyn Peterson to the Liquor Authority, term ending 3/2109, Ronald Gehaufto the Cultural Commission, term ending 3/2/09, seconded by Ms Berry carned 8-0 DISTRICT II Motion by Mrs Sang to appoint Erna Mcintyre to the Animal and Welfare Commission, term ending 3/2109, Kent Davis to the Liquor Authority term ending 3/2/09, Michael Snow to the Parks & Recreation Commission, term ending 3/2/07, Charles Spielman to the Parks & Recreation Commission, term ending 3/2/09, seconded by Mr Gokey earned 8-0 CITY COUNCIL MINUTES FEBRUARY 27,2006 Page -8- DISTRICT III Motion by Mrs Adams to appoint Janet Bell to the Board of Adjustment, term ending 3/2/09, Ronald Abo to the Building Code Advisory Board, term ending 3/2/09; Richard Matthews to the Parks & Recreation Commission, term ending 3/2/09, Jerry Scezney to Planning Commission, term ending 3/2/09, David Berry to the Liquor Authority, term ending 3/2/09, Virginia Johnson to the Cultural Commission, term ending 3/2/09; seconded by Mr Stites, carried 8-0 DISTRICT I V Motion by Mrs Rotola to appoint Robert Hance to the Animal Welfare and Control Commission; term ending 3/2/09, Larry Linker to the Board of Adjustment, term ending 3/2/09, John Kellow to the Building Code Advisory Board, term ending 3/2/09, Kim Stewart to the Planning Commission, term ending 3/2/09, Judith DiCroce to the Liquor Licensing Authority, term ending 3/2/09, Geoff Wodell to the Cultural Commission, at large position, term ending 3/2/09, Tracy Langworthy to the Cultural Commission, term ending 3/2/09, Donna Downing to the Wheat Ridge Foundation, term ending 3/2/09, Lesa Meeks to the Wheat Ridge Foundation term ending 3/2/09; Barbara Dellinger to the Wheat Ridge Foundation, term ending 3/2/09, seconded by Mr Schulz carried 8-0 Item 7 Housing AuthOrity Appointment. Motion by Mr Stites to ratify the mayoral appointment of Terry Womble to the Housing Authority, term to expire March 2009, seconded by Mr Gokey; carried 8-0 Meeting ad JOu rned at 10 04 P m '\ ~l'.t~"r ~. -Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON MARCH 13, 2006 BY A VOTE OF .lL to ~ Q \ \ \ " ---~ I \ \ " Mike tltes, Coun~i1 PreSident The preceding Minutes were prepared according to S47 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 Recordings and DVD s of the meetings are available for listening or viewing In the City Clerk's Office, as well as copies of Ordinances and Resolutions