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Home My WebLink AboutCity Council Minutes 05/22/2006 --~ CITY OF WHEAT RIDGE, COLORADO Mav 22, 2006 Mayor DiTullio called the Regular City Council Meeting to order at 7 00 P m Councilmembers present: Karen Adams, Karen Berry, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble Also present: Deputy City Clerk, Christa Jones, 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, Chief of Police, Dan Brennan, staff; and interested citizens APPROVAL OF MINUTES OF Mav 8, 2006 Motion by Mrs Sang for approval of the Minutes of May 8, 2006, seconded by Mr Womble, carried 7-0 CITIZENS' RIGHT TO SPEAK - There was no one present to speak. Item 1. CONSENT AGENDA: A. RESOLUTION 22-2006 - APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT AND THE CITY OF WHEAT RIDGE FOR COOPERATIVE MOSQUITO MANAGEMENT PROGRAM IN THE AMOUNT OF $6,602 50 B Authorization for XCEL Energy to install pedestrian lighting for the Kipling Street Pedestrian Improvements Project in an amount not to exceed $84,297 02 C Award ITB-06-27 Kipling Street Pedestrian Project with a not to exceed expenditure of $98,941 70 D Award ITB-06-34 Estes-Carr Major Street Improvement Project, Phase III, with an amount not to exceed $775,16330 E. RESOLUTION NO 23-2006 - A RESOLUTION AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT ACCEPTANCE OF THE LMC FOUNDATION GRANT FOR THE "PROJECT LIFESAVER" PROGRAM IN THE AMOUNT OF $8,500 00 CITY COUNCIL MINUTES May 22, 2006 Page -2- F RESOLUTION NO. 24-2006 - A RESOLUTION AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5,000 00 FOR THE PURPOSE OF ABATEMENTS OF BUILDING CODE VIOLATIONS Consent Agenda was introduced and read by Mr Stites Mr Gokey arrived at 7'05 p m Motion by Mr Stites for approval of the Consent Agenda, seconded by Mrs Rotola, carried 7-1 with Mr Gokey voting no PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Public Hearing on proposed Street Width Designation for 33rd Avenue, Fenton Street - Depew Street. Mayor DiTullio opened the public hearing Item 2 was introduced by Mr Womble, Deputy City Clerk read the executive summary Tim Paranto, Public Works Director, presented the staff report. - Roger Palm, 3370 Depew Street, stated that the money be better spent on 35thAvenue, only widen the street if the neighbors want it. Mayor closed the public hearing Motion by Mr Womble that a street width of 27 feet be established for 33rd Avenue from Fenton Street to Depew Street; seconded by Ms Berry; carried 8-0 Item 3. Public Hearing on RESOLUTION 21-2006 - ADOPTING AMENDMENTS TO THE CITY OF WHEAT RIDGE COMPREHENSIVE PLAN (Case No WPA-06-01) Mayor DiTullio opened the public hearing Resolution 21-2006 was introduced by Mrs Rotola Mrs Rotola read the executive summary Alan White, Community Development Director, presented the staff report. Public Notice of this hearing has been provided as required by State Statute, but they went beyond that and kept core groups of citizens apprised of neighborhood meetings and sent them electronic versions of the addendum presented tonight. CITY COUNCIL MINUTES May 22, 2006 Page -3- Dave Kuehn, 4198 Xenon Street, District Manager for Prospect Recreation and Park District, is supportive of the amendment except for the trail along the east side of the Applewood Golf Course It is not in the best interest of the community to have a trail at that location He supported all the other amendments proposed with regard to trails Neil Jaquet, Coors Brewing Company, 311 10th Street, Golden, is against the trail on the east side of Applewood Golf Course The Golf Course is owned by Coors Brewing Company and is leased to American Golf They have persistent problems with liability with the public coming onto their private property, especially on recreational trails Mayor DiTullio closed the Public Hearing Motion by Mrs Rotola to adopt Resolution 21-2006 with the following amendment: Delete the proposed trail adjacent to Clear Creek from approximately Eldridge to Mcintyre as shown on the Parks and Open Space Map, seconded by Ms Berry; carried 7-1 with Mr Gokey voting no Item 4. Public Hearing on request for a Special Use Permit to allow a private transit facility for Casino Bus Transportation located at 7340 West 44th Avenue (Case No SUP-06-02/Casino Transportations) Mayor DiTullio opened the public hearing - Item 4 was introduced by Mrs Sang, executive summary read by the Deputy City Clerk. Mayor DiTullio swore in all persons intending to testify in this matter Meredith Reckert, Senior Planner, presented the staff report and entered Comprehensive Plan, zoning ordinance. case file & packet materials, and digital presentation into the record Craig Caldwell, 2725 S Filmore Street, applicant. stated that the majority of his customers are Seniors They have trash receptacles on the buses and will clean up the parking area All the buses have restrooms They have been doing this for 15 years in the metro area and never had problems Jane LaPean, 4420 Teller Street, spoke in opposition She was concerned about traffic, trash, car alarms going off Let's build something nice there Wheat Ridge is not gOing to make one dime off this Richard Doyle, 4491 Upham Street, representing the neighborhood, spoke to oppose the SpeCial Use Permit, Concerns Included traffic congestion, vandalism He presented petitions against the SpeCial Use Permit. We need something to generate revenue for the City CITY COUNCIL MINUTES May 22, 2006 Page -4- Jim Tempelton, 4551 Vance Street, is bothered by traffic on Vance Street. There will be more crime and vandalism in the neighborhood Please don't approve Harold & Else Kiltaus don't want to speak. Me/odie Caspar agrees with previous speakers. Carl Scaglione, 4444 Upham Street, agreed with Dick Doyle and everybody else Michael Maiers ,6925 W 29th Avenue, strongly opposed to granting this Use Permit Will not serve this community We will be greatly impacted by traffic from North Denver Jonathan Chavez, 3435 Vivian Court, disagrees with the previous speakers We need more people in Wheat Ridge to go to our businesses Seniors won't have too far to go to catch bus Ann Fey, 4320 Upham, had to put quilts on her bedroom windows because of current lights Noise, lights, smell are big concerns for her Joseph Sadar, 4355 Teller Street, was also concerned about increased bus traffic, more people coming early in the morning, staying late in the evening, coming home inebnated, schools are in the area Please turn down this proposal. Council questions and discussion followed Mayor DiTullio closed the publiC hearing Motion by Mrs Sang to deny Case No SUP-06-02 for the following reasons She is very concerned about the traffic congestion, a left turn out of there is practically ImpOSSible It is a magnet for trash and predators It is the wrong place for this bus, much better place would be Harlan and 44th where they have a direct route out of there, seconded by Mr Womble and Stites Motion by Mr Gokey for a substitute motIOn to approve Case No SUP-06-02 as stated in Agenda Packet. Motion failed for lack of second Original Motion tied 4-4. Mayor DiTullio broke the tie by voting yes Motion carried 5-4 With Councilmembers Schulz, Gokey, Rotola and Adams voting no CITY COUNCIL MINUTES May 22, 2006 Page -5- ORDINANCES ON FIRST READING Item 5. COUNCIL BILL NO 10-2006 - AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE AND SECTION 26-207 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE EXPIRATION OF BUILDING PERMITS Council Bill 10-2006 was introduced on first reading by Mr Gokey Motion by Mr Gokey to approve Council Bill 1 0-2006 on first reading, order it published, public hearing set for Monday, June 12, 2006 at 700 P m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mr Womble, carried 8-0 Item 6. COUNCIL BILL NO 11-2006 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING CONTRACTORS' LICENSES AND INSURANCE. Council Bill 11-2006 was introduced on first reading by Mr Gokey Motion by Mr Gokey to approve Council Bill 11-2006 on first reading, order it published, - public hearing set for Monday, June 12,2006 at 7 00 P m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mr Schulz and Mrs Adams, carried 8-0 Item 7. COUNCIL BILL NO 12-2006 - AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS, SPECIFICALLY CODE SECTION 11-170 CONCERNING THE REGULATION OF PAWNBROKERS Council Bill 12-2006 was introduced on first reading by Mrs Sang Motion by Mrs Sang to approve Council Bill 12-2006 on first reading, order it published, public hearing set for Monday, June 12, 2006 at 700 P m in the City Council Chambers, and that it take effect upon adoption on second reading, seconded by Mr Womble, carried 8-0 CITY COUNCIL MINUTES May 22, 2006 Page -6- DECISIONS, RESOLUTIONS, AND MOTIONS Item 8. Motion concerning a petition requesting annexation to the City of Wheat Ridge property located in unincorporated Jefferson County known as Lot 8, Arvada Ridge, Jefferson County Item 8 was introduced by Mr Schulz. Mr Schulz read the executive summary Motion by Mr Schulz to table the annexation petition submitted by Coors Brewing Company for Lot 8 of Arvada Ridge for a period of time not to exceed 180 days, seconded by Mrs Rotola, carried 8-0 Meetmg adjourned at g.OO p m. r t : \: \- \. \._.Y~' ~\~'-- '~\\J-_' Christa Jones, Deputy Gity Clerk .J APPROVED BY CITY COUNCIL ON JUNE 12, 2006 BY A VOTE OF l toL ~ \ c- \ \ 1 \ ,~~~,~ '-"" Mike 'Stites, Coundl 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