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HomeMy WebLinkAboutCity Council Minutes 04/24/2006 ~mNmL~ CITY OF WHEAT RIDGE, COLORADO April 24. 2006 Mayor DiTullio called the Regular City Council Meeting to order at 7 00 P m Councilmembers 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 Treasurer Mary Cavarra, Acting City Manager, Dan Brennan, 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 April 10, 2006 Motion by Mrs Adams for the approval of the Minutes of April 10, 2006, seconded by Mr Womble, carried 7-0, with Mrs Sang abstaining PROCLAMATIONS AND CEREMONIES City Clerk Pam Anderson accepted a Proclamation to City Clerk commemorating Municipal Clerks Week - April 30 through May 6, 2006 Sherryl Brandes, accepted the Proclamation Cover the Uninsured Week - May 1-7, 2006 Pam Russell, President of the Board for Victim Outreach Information, accepted a - Proclamation National Crime Victims' Rights Week - April 23-29, 2006 Joyce Manwaring, Director of Parks and Recreation, accepted the Proclamation commemorating Arbor Day - Saturday, May 13, 2006 Ms Manwaring invited everyone to the Arbor Day Presentation Mayor DiTullio presented a Certificate of Appreciation to Dave Girton, Colorado State Youth Coach of the Year CITIZENS' RIGHT TO SPEAK Don Eafanti, 3830 Robb Street. announced the celebration of Kite Day, on Sunday, Apnl 30th at Noon-3 00 p m at Paramount Park at 26th and Kipling Jill Strunk, 6915 W 29th Avenue, thanked the City for their quick response to the damaged storm drain in her neighborhood The neighbors will work with Public Works to resolve the issue Claudia Worth, 4650 Oak Street, gave a report on the improvements at the Historic Park and the Baugh House property CITY COUNCIL MINUTES April 24, 2006 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. 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) Mayor DiTullio opened the public hearing Council Bill 06-2006 was introduced on second reading by Mr Womble City Clerk Pam Anderson read the executive summary and assigned Ordinance No 1358 Mayor DiTullio swore in all participants planning on testifying in the public hearing City Attorney Gerald Dahl commented on a past court case and the appropriate Junsdictlon of the City in processing the application considered in the public hearing Meredith Reckert, Community Development Department, presented the staff report. She submitted the comprehensive plan, zoning ordinance, subdivision regulations, case file and packet materials, and the digital presentation into the record She stated that all notification and posting requirements have been met; therefore, there IS junsdiction to hear the case Alan White, Director of Community Development outlined the Neighborhood Revitalization Strategy and its relevance to the application He stated that thiS IS the kind of project that the NRS envIsioned City Attorney Gerald Dahl briefed City Council on the definition of spot zoning and its relevance to the application He stated that he believes the staff is correct in its recommendation Mike Pharo, 2835 W Oxford Ave # 6, Englewood, testified on behalf of the applicant regarding the elements of the application including the planning and design of the ODP He stated that he believes the plan compiles With the standards and vision of the community Bruce McLennan, 677 S Colorado Blvd, Denver, testified on behalf of the applicant regarding the architectural elements of the application Andrew Miller, 200 Spruce Street, Denver, applicant, testified about the process up until thiS public hearing He spoke about the willingness to preserve the Olinger house and to work with the community He stated his concerns about the proposed condition regarding the liquor stores He asked for clarification regarding the definition of taverns or bars He outlined the economic benefits of the development including creation of jobs and sales tax revenue CITY COUNCIL MINUTES April 24, 2006 Page -3- The following individuals testified in opposition to the application: Don Whetsel, 8770 W 38th Avenue (donated his time to Louise Turner) Bob Olsen, 5050 Raleigh Street (donated their time to Louise Turner) Katherine Murphy, 2960 Upham Street Claudia Worth, 4650 Oak Street Kevin Murphy, 3050 Upham Court, submitted three petitions circulated among the neighbors, encouraging Council to deny the application, to declare the property a historic landmark and to purchase the property for public use He read a letter to the Mayor from a Lakewood resident urging preservation of the mansion Louise Turner, 11256 W 38th Avenue Ed Eastman, 2900 Vance Street Nancy Griffith, 7130 W 29th Place Martin Green, 7385 W 28th Avenue Katie Schneider (relinquished her time to Martin Green) Janelle Shaver, 8890 W 35th Avenue Jack Kent Anderson, 3121 Webster Street Barbara St. John, 3480 Everett Street. read letter to Council suggesting uses for property Don Edelen, 2935 Webster Street Their comments included, but were not limited to - How would you like to live next to a Shopping Center; an option for the property is a library that would better suit the area, as well as a cultural center; room to build an adjacent City Hall, histonc elements of the property and alternate uses, replace the existing trees with like trees, you represent the citizens, submission of petitions opposing the application, urge a moratorium on commercial development until a survey of vacant property can be conducted, there is a significant amount of zoned commercial land that has not been developed, the 1969 court case is very important; the property has a context that should be retained, the zone criteria has not been met and the Planning Commission denied the application, sales tax revenue should not be the number one critena, Section 26-112(d) of the Wheat Ridge Code of Laws sets out that the Council has to meet six (6) critena, and this plan does not do that; people will park in the neighborhood, people will not shop at thiS site because of location, It will have a negative impact on the health, safety and welfare of the people that live in the neighborhood, concerned about pedestnan access off Webster Street. CITY COUNCIL MINUTES April 24, 2006 Recess called at 859 P m Reconvened at 9'10 p m. Page -4- The following spoke in support of the development plan: John Vil/achica, 9695 W 44th Avenue Alan Wyngarden, 8900 W 35th Avenue David Engleberg, partner of Andy Miller's in the application, spoke in support of their application We have solved the preponderance of the issues for the site He read a note of support for the development from near-by resident Jill Strunk. Joe Drew, 6660 W 29th Avenue Kim Calomino, 4070 Dover Street Gretchen Cerveny, 3425 Moore Street Their comments included, but were not limited to The project allows the town to thrive and preserve our history; the project looks forward, it will support jobs and families, this will beautify a dead street corner; this will better our community and preserve our history; this has always been a commercial property, regardless of the zoning, our community needs places to shop, jobs, and this makes for a more vibrant community; why wouldn't we want thiS, the status quo has not served us well, ask the Council as leaders of the City to support the project; Wadsworth is not suitable for low-density residential, leaving the property the way it is would not be fair or economically feasible, and we need to find the highest and best use, it is not using eminent domain, it does not have a Wal-Mart or a Walgreens, and the developer is not asking for city money; a mix of uses is what creates a vibrant community and neighborhood, the development will retain the basic character; it is in the best interests of Wheat Ridge as a whole Please approve the change in zoning for the long-term benefit of Wheat Ridge and its many other citizens who are not here tOnight; what message do you want to send to other developers who want to come to Wheat Ridge, be a City of progress and revitalization - City Council asked questions of the partiCipants Motion by Mr Schulz to suspend CounCil Rules to extend the meeting past 11 00 pm, seconded by Mrs Rotola, carried 7 -1, with Mr Gokey voting no Mayor DiTulliO closed the publiC heanng Motion by Mr Womble to approve Council Bill No 06-2006, Case No WZ-05-10, a request for 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 for the following reasons CITY COUNCIL MINUTES April 24, 2006 Page -5- 1 The property is unsuitable for low density residential use due to intensification of traffic and uses along the Wadsworth corridor 2 This land was used as a fairly intensive non-conforming commercial use (mortuary and funeral chapel) for over 40 years 3 Zoning and development of the site would support the Neighborhood Revitalization Strategy concerning the redevelopment of the Wadsworth Corndor 4 The design parameters shown are generally consistent with the C-1 zone district. 5 The proposed document meets all requirements for a Planned Commercial Development Outline Development Plan 6 The application meets the requirements of Section 26-112 D of the Code of Laws 7 The February 27, 2006, City Council conditions have been incorporated Into the motion for approval With the following conditions - 1 The Olinger house be retained in its present location and extenor condition, normal maintenance and upkeep are excepted 2 The interior 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 buildings moved off site prior to the initiation of any construction on the site by the owner 5 (a) No application for a demolition permit has been submitted, nor has any such permit been Issued by the City for the Olinger house (mansion) or the pergola, prior to the conSideration of the ODP application by City Council (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 matenals 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 City Council 7 A tree assessment performed by a licensed arborist be submitted at the time of Final Development Plan and Plat Seconded by Mrs Rotola Motion to amend by Mr Gokey to delete Condition 5 (a), seconded by Mrs Sang, earned 5-3, with Ms Berry, Mrs Adams, and Mrs Rotola voting no CITY COUNCIL MINUTES April 24, 2006 Page -6- Recess called at 11 09 p m Meeting resumed at 11 17 P m Motion to amend by Mrs Sang to delete use #59 "taverns or bars with food service," and change use #24 to read "eating establishment, sit-down, with or without liquor service requiring a hotel/restaurant liquor license", seconded by Mr Gokey; carried 8-0 Motion to amend by Mrs Sang to revising use #40 to read "liquor stores, high quality wine and spirits, no beer sales permitted, no drive through, seconded by Mrs Adams, carried 7-1, with Mr Gokey voting no City Attorney Dahl asked Mr Miller If he consented to the conditions No 1 through 5 as they were read in the motion Mr Miller agreed Main motion as amended carried 8-0 ORDINANCES ON FIRST READING Item 2. COUNCIL BILL 09-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT LOCATED AT 4651 TABOR STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO WZ-05-12) Council Bill 09-2006 was Introduced on first reading by Mr Schulz. Motion by Mr Schulz to approve Council Bill 09-2006 (Case No WZ-05-12) on first reading, order it published, public hearing set for Monday, May 8, 2006 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 DECISIONS, RESOLUTIONS. AND MOTIONS Item 3 RESOLUTION 18-2006 - AMENDING THE FISCAL YEAR 2006 BUDGET TO REFLECT ACCEPTANCE OF THE COLORADO AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT Resolution 18-2006 was Introduced by Mrs Sang Motion by Mrs Sang to approve Resolution 18-2006 amending the fiscal year 2006 budget to reflect acceptance of the Colorado Automobile Theft Prevention Authority Grant and adding $6,000 Into Police Department Acct No 01-212-650-654, seconded by Mr Gokey, carried 8-0 CITY COUNCIL MINUTES April 24, 2006 Page -7- Meeting adjourned at 11 34 P m APPROVED BY CITY COUNCIL ON MAY 8,2006 BY A VOTE OF ~ to ( ., I ~ \ ....~ I l J 1\' ,\ If'-.. " \. '. - Mike Stites, Council 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 -