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HomeMy WebLinkAboutCity Council Minutes 06/26/2006 ~-~ CITY OF WHEAT RIDGE, COLORADO June 26. 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 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 June 12.2006 Motion by Mr Schulz for approval of the Minutes of June 12, 2006, seconded by Mrs. Rotola, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor DiTullio presented the Safety Champion Award to the City of Wheat Ridge from the Colorado Intergovernmental Risk Association (CIRSA) Mayor DiTullio and Councilor Karen Berry presented Certificates of Excellence to Autumn - Hughes, National Geography Bee, and Tyler Hughes, 2006 Colorado Chess Champion CITIZENS' RIGHT TO SPEAK No citizens were present to speak under this agenda Item Item 1. CONSENT AGENDA: A. Award RFB-06-46 Panasonic Computer Notebooks for Police Department Patrol Vehicles to Portable Computer Systems In the total amount of $29,070 00 B Award RFB-06-37 replacement of the outdoor bleachers at Prospect Park in the amount of $44,07600 Consent Agenda was Introduced and read by Mr Schulz Motion by Mr Schulz for approval of the Consent Agenda, seconded by Mr Womble, earned 8-0 CITY COUNCIL MINUTES June 26, 2006 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL NO 13-2006 - AN ORDINANCE ADOPTING A NEW ARTICLE X OF CHAPTER 11, CONCERNING THE LICENSING OF MASSAGE THERAPISTS AND MASSAGE THERAPY CENTERS, AND REPEALING ARTICLES X AND XI OF CHAPTER 16, CONCERNING MASSAGE PARLORS AND MASSAGE THERAPY PRACTICE. Mayor DiTullio opened the public hearing Council Bill 13-2006 was introduced by Mrs Rotola City Clerk Pam Anderson assigned Ordinance No 1363 and read the executive summary Kathy Franklin, Sales Tax Auditor, presented the staff report. Mayor DiTullio closed the public hearing Motion by Mrs Rotola to approve Council Bill 13-2006 (Ordinance 1363) on second reading and that it take effect January 1, 2007, seconded by Mrs Sang, carried 8-0 Item 3. PUBLIC HEARING ON RESOLUTION 30-2006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ADOPTING THE NORTHWEST SUBAREA PLAN AND BY SUCH ADOPTION, AMENDING THE WHEAT RIDGE COMPREHENSIVE PLAN - Mayor DiTullio opened the publiC hearing Resolution 30-2006 was Introduced by Mr Schulz and he read the executive summary Alan White. Director of Community Development presented the staff report. He stated that notice of the public heanng was given as reqUired by state statute In addition, letters and amendments were sent to approximately 80 owners in thiS area Jeff Winston, pnnclpal of Winston & Associates and Consultant to the Community Development Department, made a PowerPolnt presentation on the proposed Northwest Subarea Plan Alan White summed up the presentation and descnbed three proposed amendments to the plan Connie Burg. 5195 Swadley Street. not In favor or opposed. and is just asking that the Council hold In the highest regard the quality of life of the eXisting residents CITY COUNCIL MINUTES June 26, 2006 Page -3- Janet Bell, 10095 W 34th Avenue, testified that she did participate in many of the planning sessions that Winston & Associates conducted She has questions about whether the enterpnse zone in the area still existed She has concerns about the lack of infrastructure, including drainage improvements, In the efforts to market development and redevelopment. She questioned potential 1-70 improvements and the impact on the area, and some suggestions on building placement. The next piece is involving a panel of people expenenced in development R.F P 's and the shifts in the current market environment and implementation for the salability She strongly supports the sub-area plan approach John Cillessen, property owner at 49th Place and 52nd Ave and Swadley Avenue, testified that there are a whole lot more roads than were talked about at first He stated that the parcels are too small for development. He doesn't believe that the plan should be adopted Other considerations need to taken and looked at. Byron Kelly, 12681 W 49th Avenue, testified that he is a professional engineer With background In railroading and light rail He has attended several of the planning sessions He stated that traffic is and will continue to be a major concern You have not approached thiS nght regarding the grade separation for the railroad You need to get Involved with CDOT and RTD I think it IS a good Idea to do thiS, but since It is an adVISOry document, there are no teeth to the document. - Bob Harmsen, 12068 W 50th Place, believes that there should be more thought put l:1to the plan He does not see any economic advantage to the plan, we are cutting the property Into too small pieces There IS no railroad nght of way In Mt Ollvet Cemetery With so much traffic. where are all the pedestnans gOing to walk? I don't think thiS IS the plan that we need Mr Womble left the meeting at 8 14 P m He returned at 8 16 P m Sharon Peterson, trustee for the property at 12360 W 49th Place. testified that she sees problems With traffic and drainage I think the plan IS premature With the streets, there IS no room left for development IncreaSing denSity will Increase traffic She asks that the plan not be adopted until there IS more Input from other agencies Involved in thiS Ranya Kelly. 12601 W 49th Avenue, she agrees With the prevIous individuals that testified In OppOSition to the plan Kim Calomino 4070 Dover Street. spoke In support of the plan It is a guiding document as we move forward over the next 6. 8 and 10 years She stated that this is a thoughtful and forward thinking VISion that Identified appropnate polley goals We can't neglect. misuse or misdirect thiS opportunity In line With the goals of Wheat Ridge 2020 She stated that denSity IS really Important to allow mixed use and allow for a range of affordabllity The Charter IS not an appropriate location for addreSSing density CITY COUNCIL MINUTES June 26, 2006 Page -4- John Geiger, property owner at 12280 W 50th Place, stated that by the time the road and drainage goes in, his property is worthless He believes there needs to be more research before adopting the plan. Sean Baker, property owner at 5040 Ward Road, recommends conditional approval He sees this as a first step of a many step vision He has big traffic and drainage concerns The additional language relieves some of his concerns He is worried about haVing to give up a third to half of his property for roads Who is gOing to pay the burden? It would be nice to see a nice project here Tom Beyer, 165 Dudley, property owner in that area, asks that Council moves a little slower on this Recess called at 8 33 P m. Reconvened at 8 44 P m Mr White spoke to the changing nature and adaptability of comprehensive or sub-area plans according to the needs and deSires of the area and the process for amendment. In response to questions from citizens he stated that the enterprise zone is still In effect. He addressed the proposed relocation of ramps at 1-70 and 44th Avenue There are not Immediate cures to the drainage and traffic Issues included in the plan The only way to sub-diVide a parcellS by application of the property owner In a public heanng process It IS an adVISOry document. Because of the limitations of the railroad and the State Highway. a gnd system is a good approach Subdivision of the parcels and creating street frontage also Increase property values He does not believe that we wait until RTD completes the EIS. and that It is Important that we have a plan in place for the record before that process takes place - Mr Winston stated that the nature of the plan IS to address the problems in the area He addressed thiS Issue of the railroad crossings brought up In testimony The Importance of the plan IS predictability, not finality Ten years In a developer's framework IS tomorrow If the developer knows that there IS an overall strategy, it increases the attractiveness of the parcels to development. It is important to have a plan in place. because In the absence of one. we may preclude the possibility of a transit-oriented development City Council asked questions of staff Mayor DiTullio closed the public heanng CITY COUNCIL MINUTES June 26, 2006 Page -5- Motion by Mr Schulz to adopt Resolution 30-2006 with the following amendments 1 The following language will be added to the Northwest Sub-area Plan Introduction on page 4 "The plan is an advisory document and is not mandatory. It provides guidelines for development and design and is not intended as strict requirements for development." 2 In the Land Use Section on page 16, the following statement will be deleted "LANDSCAPE: The area along Ward Road should be landscaped at least 10 feet from the right c.f way." 3 In the Traffic Section on page 22 under the Ward Road discussion, the following statement will be added "When Ward Road is widened, consideration should be given to streetscaping in the roadway design." Seconded by Mrs Rotola - Mr Gokey finds It dIfficult to supoort a sub-area plan that goes all the way over to Kipling Does It Impact businesses and landowners? And none of them were notified Let's be open and transparent and let's not be selective I agree with the people that came and spoke from the area, we need a little bit more time and more thought to be added to thiS I don't think It IS a horrible document, it's just lacking In those specific areas I would like for us to feel confident, whichever direction this goes, that In 20 years somebody doesn't say who IS the egg-head who voted for this one I Just don't want to stick my name on thiS one Without a little bit more work to go into it Motion by Mrs Berry to amend the Resolution to Strike #2 and Insert: "The Northwest sub area plan shall take precedence over the Comprehensive Plan for the portion of the City covered by the Subarea Plan. Where the Comprehensive Plan conflicts with the Northwest Subarea Plan, the Northwest Subarea Plan shall super cede the Comprehensive Plan"; seconded by Mrs Adams. carried 6-2. With Womble and Gokey voting no Mr Gokey Just wanted to caution everybody that thiS is a huge leverage tool that can either be used correctly or Incorrectly Motion as amended earned 7-1, With Mr Gokey voting no CITY COUNCIL MINUTES. June 26, 2006 Page -6- Item 4. Public Meeting on 2007 Budget. Mayor DiTullio opened the public hearing Mr Stites introduced the item and read the executive summary. Tom Slattery, 6869 W 32nd Avenue, representing Wheat Ridge United Neighborhoods, read a letter from the organization into the record requesting that Council authorize the staff to print additional hard copies of the preliminary budget and make them available for citizens to purchase at a nominal cost. This will allow citizens to review the budget. Louise Turner, 11256 W. 38th Avenue, supports the United Neighborhoods request. The budget needs to be easy to use. There should be a table of contents and numbered pages There should be detailed accounting regarding fringe organizations like the Urban Renewal Authority, the Wheat Ridge Business District, Cabelas, the Longs Peak Dlstnct. and Wheat Ridge 2020 The citizens have a right to know how the money is spent that IS allocated to these groups. The budget document should be smaller She does not like the feature of "Did you know?" Mr Goff stated he would provide extra preliminary budget copies and also have a copy at the library and Senior Center The adopted budget will be on the website and he is contemplating on having the preliminary budget on the website Mayor DiTullio closed the public heanng ORDINANCES ON FIRST READING Item 5 COUNCIL BILL 14-2006 - AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 9 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, CONCERNING SMOKING IN PUBLIC PLACES Council Sill 14-2006 was introduced on first reading by Mr Schulz. Motion by Mr Schulz to approve Council Bill 14-2006 on first reading, order it published, public heanng set for Monday, July 10. 2006 at 7 00 P m in the City Council Chambers, and that It take effect immediately upon adoption. seconded by Mrs Sang Upor. questioning by Mr Gokey regarding the 15 ft distance, City Attomey Dahl explained that local ordinances can't be any less stringent than State Statute State Statute says that the area around entry ways is 15 feet. That is a number you can lower to allow people to be closer to the entry way Council can determine a different distance. either less or greater than 15 feet. Motion carried 7-1, with Mr Womble voting no CITY COUNCIL MINUTES June 26, 2006 Page -7- Item 6. COUNCIL BILL 15-2006 - AN ORDINANCE APPROVING THE PARTIAL REVOCATION OF AN EASEMENT AND THE GRANT OF AN ADDITIONAL EASEMENT TO THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS Council Bill 15-2006 was Introduced on first reading by Mr Womble Motion by Mr Womble to approve Council Bill 15-2006 on first reading, order it published, public heanng set for Monday, July 10, 2006 at 700 P m in the City Council Chambers, and that It take effect 15 days after final publication, seconded by Mrs Sang, carried 8-D DECISIONS. RESOLUTIONS, AND MOTIONS Item 7. RESOLUTION 31-2006 - APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE WHEAT RIDGE URBAN RENEWAL AUTHORITY AND AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR A ONE TIME PAYMENT TO THE AUTHORITY IN THE AMOUNT OF $100,000 - Resolution 31-2006 was introduced by Mrs Rotola She read the executive summary Motion by Mrs Rotola to approve Resolution 31-2006, seconded by Mr Schulz. Charles Durbin, 3703 Ames Street, testified in Opposition to this resolution You should stop the bleeding, funds are gOing out. but the sales tax revenue Isn't gOing anywhere I know that the funding needs to continue for the laWSUit, but you should not extend the IGA until 2010 Upon questioning by Mr Womble, Mr Goff explained the background and the reasons for thiS IGA Mrs Sa;1g will not be supporting thiS because while she agrees that we should give them $100,000, it should not go on unt1l2010 Mr Gokey will not support thiS because Mr Durbin IS on to something What do we really want to fund? Can we put Urban Renewal, Wheat Ridge 2020 and Wheat Ridge BUSiness Dlstnct together and still have a good product? It is a viable concept and something we should look at. r Motion by Mr Stites to amend the IGA to change the year to 2008, seconded by Mrs. Sang, carried 5-3, With Counclimembers Berry, Schulz, Adams voting no Motion as amended carried 7-1, With Mr Gokey voting no CITY COUNCIL MINUTES June 26, 2006 Page -8- Item 8. RESOLUTION 32-2006 - APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE SERVICES Resolution 32-2006 was introduced by Mrs Rotola Ms Anderson read the executive summary Motion by Mrs Rotola for approval of Resolution 32-2006, seconded by Mrs Sang, carried 8-0 CITY ATTORNEY'S MATTERS City Attorney Gerald Dahl requested direction of City Council regarding bnnglng forward an Ordinance to change references In the Code of Laws from APCO to Community Service Department. Consensus carried to direct the City Attorney to bnng forth thiS Ordinance Meeting adjourned at 10 48 P m /~ i ~ \ r\ J. " ~\ L,c "L ---Pamela Y rAf1?erson, City Clerk ~ APPROVED BY CITY COUNCIL ON JULY 10, 2006 BY A VOTE OF ~ to ~ - ----....... 11\, ',lc;~, Mlke'Stltes, 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