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Home My WebLink AboutCity Council Minutes 03/13/2006 (Qlff~~ CITY OF WHEAT RIDGE, COLORADO March 13. 2006 Mayor DiTullio called the Regular City Council Meeting to order at 7 00 P m Councilmembers present: Karen Adams, Dean Gokey, Lena Rotola, Wanda Sang, Mike Stites, and Terry Womble Karen Berry and Larry Schulz were absent to attend National League of Cities Conference in Washington D C along with City Clerk Pam Anderson Also present: Deputy City Clerk, Chnsta Jones, 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 February 27.2006 Motion by Mr Gokey for approval of the Minutes of February 27, 2006, seconded by Mr Womble, carried 6-0 PROCLAMATIONS AND CEREMONIES Mayor DiTullio administered the Oath of Office to newly appointed Board and Commission Members - CITIZENS' RIGHT TO SPEAK There was no one present to speak. APPROVAL OF AGENDA Motion by Mr Stites to change the order of the Agenda and hear Item 4 before Item 2, seconded by Mrs Sang, carried 6-0 Item 1. CONSENT AGENDA: A RESOLUTION 11-2006 - AMENDING THE FISCAL YEAR 2006 BUDGET TO REFLECT THE APPOVAL OF A SUPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $29,000 FOR CHANNEL 8 EQUIPMENT MAINTENANCE AND REPLACEMENT B Approve RFB-05-42 on-call storm sewer cleaning & repair service renewal option not to exceed $50,000 C Award RFB-06-07, 2006 Traffic Signal Equipment Replacement Project at a total cost of $68,806 Consent Agenda was introduced and read by Mrs Rotola Motion by Mrs Rotola for approval of the Consent Agenda, seconded by Mr Gokey; carried 6-0 CITY COUNCIL MINUTES March 13,2006 Page -2- Item 4. RESOLUTION 09-2006 - APPROVING THE SERVICE PLAN FOR LONGS PEAK METROPOLITAN DISTRICT Resolution 09-2006 was introduced by Mr Stites Staff members and members of the public planning to speak on this item were sworn in by the Mayor Charles Kuechenmeister, 2401 15th Street, Denver, gave background on how this District was formed Tim Paranto, Director of Public Works, presented a list of transportation Improvements connected with this District. Tim Leonard, Financial Development Manager, Deepwater Point Company, 27905 Meadow Drive, Evergreen, referred to financing and funding plans contained in the District Service Plan document. Kim Seter, 7400 E Orchard Road, Greenwood Village, Attorney for the District, thanked Council for conSideration of thiS plan David Kuehn, 4198 Xenon Street. Dlstnct Manager for the Prospect Recreation and Park District, was pleased to advise Council that the Prospect Recreation and Park District has reached an agreement of pnnclpal with Cabellas, which will, if adopted by the City, resolve the differences they have had over the past year and lead to the termination of litigation currently before Dlstnct Court. It also paves the way for future cooperation and collaboration In connection With the development in the Coors Valley Mayor closed the public hearing Motion by Mr Stites to approve Resolution 09-2006, seconded by Mr Womble, carried 6-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 04-2006 - AN ORDINANCE PROVIDING FOR A REQUEST FOR REZONING FROM RESTRICTED COMMERCIAL (R-C) TO PLANNED COMMERCIAL DEVELOPMENT (PC D) FOR PROPERTY LOCATED AT 6690 W 44TH AVENUE (Case No WZ-05-14) (Kasay Abraham) Council Bill 04-2006 was introduced on second reading by Mrs Sang, who read the executive summary; Clerk assigned Ordmance No 1355 CITY COUNCIL MINUTES March 13, 2006 Page -3- Travis Crane, Community Development, presented the staff report and entered the following exhibits into the record Comprehensive Plan, case file and packet matenals, zoning ordinance, and digital presentation Glen Gidley, 8684 W Warren Drive, Lakewood, representing the applicant, gave background on the purchase of the property and that a liquor license was obtained It was later determined that the property was not zoned for a liquor store He asked for approval of the rezoning and outline development plan He entered into the record the Comprehensive Plan, Zoning Ordinance, the record of the Planning CommiSSion Hearing of January 19, 2006 and all packet materials Kasay Abrahams, applicant, 6690 W 44th Avenue, was present and answered Councils' questions Charles Durbin, 4703 Ames Street, stated there are enough liquor stores In the area already There are enough suitable uses for that property without a zoning change Please deny thiS rezoning for the benefit of our neighborhood Cynthia Hashem, 4315 OtiS Street, does not think it's fair to deny the application Mary Martinez did not Wish to speak Craig Molenaar supports this business plan, give people a chance Small business is what it's about In this Country He is totally in support. - Richard Doyle, 4491 Upham Street, IS concerned about traffic and schools Mike Gauthier, owner of Wheat Ridge Liquor, related how he runs hiS business Mayor closed tile publiC hearing Rezoninq/Outline Development Plan Motion by Mrs Sang to table indefinitely CounCil Bill 04-2006, Case No WZ-05-14, a request for a rezoning from Restncted Commercial to Planned Commercial Development and associated Outline Development Plan for the property located at 6690 W 44th Avenue With the following findings 1 The change of zone, speCifically the Intended use of "liquor store" is detrimental to the public health, safety and welfare 2 The change of zone will not be a SOCial, recreational or physical benefit to the community; seconded by Mr Gokey, carned 4-2 with Councilmembers Rotola and Adams voting no CITY COUNCIL MINUTES March 13, 2006 Page -4- Final Development Plan Motion by Mrs Sang to deny Case No WZ-05-14, for the followmg reason 1 The Outline Development Plan and rezoning from Restricted Commercial to Planned Commercial Development was denied, seconded by Mr Gokey; carried 4-2 with Councilmembers Adams and Rotola no Item 3. 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 second reading by Mrs Rotola Deputy City Clerk read the Executive Summary and assigned Ordinance No 1355 Alan White presented the staff report. Motion by Mrs Rotola to approve Council Bill 05-2006 (Ordinance 1355) for the following reasons 1 The City of Wheat Ridge has adopted legislation pertaining to the development standards for the commercial zone districts 2 The City of Wheat Ridge has adopted legislation pertaining to streetscape and architectural design guidelines 3 There are no cross references between the two different sets of standards, seconded by Mrs Sang, carried 6-0 ORDINANCES ON FIRST READING Item 5. COUNCIL BILL 07 -2006 - AN ORDINANCE AMENDING SECTION 26- 109 OF THE WHEAT RIDGE CODE OF LAi.-vS CONCERNING PUBLIC HEARING NOTICE AND PROCEDURES Council Bill 07-2006 was introduced on first readmg by Mr Womble Motion by Mr Womble to approve Council Bill 07-2006 on first reading, order it published, public hearing set for Monday, March 27, 2006 at 700 P m in City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs Sang, carried 6-0 CITY COUNCIL MINUTES March 13, 2006 Page -5- Item 6. COUNCIL BILL 08-2006 - AN ORDINANCE AMENDING SECTION 26- 707 A 1 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO NONCONFORMING SIGNS Council Bill 08-2006 was Introduced on first reading by Mr Womble Motion by Mr Womble to approve Council Bill 08-2006 on first reading, order It published, public hearing set for Monday, March 27,2006 at 7 00 P m in City Council Chambers, and that It take effect 15 days after final publication, seconded by Mrs Rotola, carried 6-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 7. RESOLUTION 10-2006 - FIRST AMENDMENT TO PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT Resolution 10-2006 was Introduced by Mr Stites Mr Stites read the executive summary Motion by Mr Stites to approve Resolution 10-2006, seconded by Mr Gokey; carned 5-1 with Mr Womble no CITY ATTORNEY'S MATTERS - Mr Dahl will be out of town on March 27 Somebody from his office will represent him at the meeting ELECTED OFFICIALS' MATTERS Mrs Adams recognized Exempla Lutheran Medical Center for having been named one of the Nations top 100 hospitals ThiS IS the seventh time Exempla has been recognized with thiS honor Motion by Mr Gokey to add a diSCUSSion with neighborhood representatives concerning 44th Avenue west of Yarrow to the April 1 th 2006 City Council Study SeSSion, seconded by Mrs Sang, carned 6-0 CITY COUNCIL MINUTES March 13,2006 Page -6- Mayor DiTullio reminded everybody of the Mayor's Roundtable on April 15 from 9 30 to 11 30 a m at the Wheat Ridge Rec Center Meeting adjourned at 9'00 p m r\, . ~ ~ ~'^" -\~ ~\.(" ,..~ '\' :.- ~ Christa Jones, Deputy Qity Clerk j APPROVED BY CITY COUNCIL ON MARCH 27, 2006 BY A VOTE OF ---5-- to---L I' j) 1 1/71.1'10/ ,k' ,..)<............. 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 -