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HomeMy WebLinkAboutCity Council Minutes 12/11/2006 ~~""i'" ~'~\" '} MImJIDB' ,,' , ,~ . . . . .... ..n ",.,.. ",. -'" '" ". ' \i, '," , " CITY OF WHEAT RIDGE, COLORADO December 11.2006 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 and Mike Stites. Councilmember Terry Womble was absent. Also present: Deputy City Clerk, Christa Jones; Deputy City Manager, Patrick Goff; 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 November 27.2006 Motion by Mrs. Sang for approval of the Minutes of November 27,2006; seconded by Mr. Schulz; carried 7-0. Mayor DiTullio asked for Moment of Silence for slain Officer Ken Jordan from the Colorado Springs Police Department. CITIZENS' RIGHT TO SPEAK There was no one present to speak. Item 1. CONSENT AGENDA: A. Right of Way Dedication for Carr Street. B. Approve Award of the Phase III (E-Citation) implementation of Logisys Field Reporting (LFR) to Logistic Systems Inc., for the not to exceed amount of $43,680.00. C. RESOLUTION 56-2006 - AUTHORIZING SUBMITTAL OF THE APPLICATION FOR A 2007 JOINT VENTURE GRANT PROJECT TO JEFFERSON COUNTY OPEN SPACE FOR THE CONSTRUCTION OF A RESTROOM BUILDING AT CREEKSIDE PARK. D. RESOLUTION 57-2006 - AUTHORIZING JEFFERSON COUNTY OPEN SPACE TO CONTINUE GOOD FAITH NEGOTIATIONS AND TO ACQUIRE THE 1.25 ACRES OF LAND, MORE OR LESS, LOCATED AT 4315 VAN GORDON STREET (WILSON PROPERTY) AT THE NEGOTIATED PRICE FOR PARKS AND RECREATION PURPOSES. CITY COUNCIL MINUTES: December 11,2006 Page -2- E. RESOLUTION 58-2006 - ADOPTING BY REFERENCE C.R.S. S 24-18-104, AS APPLICABLE TO PUBLIC OFFICERS AND EMPLOYEES, INCLUDING INDEPENDENT CONTRACTORS WITHIN THE CITY. F. RESOLUTION 59-2006 - AMENDING THE 2006 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5,500 FOR MONTHLY FEE EXPENDITURES ASSOCIATED WITH IMPLEMENTATION OF A SWEEP ACCOUNT. G. Motion to appoint Deputy City Clerk Christa Jones Acting City Clerk, effective January 1, 2007 until a permanent appointment can be made. Consent Agenda was introduced and read by Mr. Stites. Motion by Mr. Stites for approval of the Consent Agenda; seconded by Mrs. Sang. Mr. Gokey asked to pull Item D. Ms. Berry asked to pull Item E. Motion on all other items carried 7-0. D. Motion by Mr. Gokey to approve Resolution 57-2006; seconded by Mr. Stites. Mr. Gokey asked that Parks Director Joyce Manwaring give background on this property. Joyce Manwaring stated that the purpose for this purchase was to give pedestrian access to the Greenbelt from that location and a small parking area. It has historically been used as a greenhouse site and there is still a greenhouse located on it. There are some pesticides still present in the soil, but they are negligible to human health. To mitigate this, they are proposing to re-vegetate the area and put in either a gravel or asphalt parking lot. Motion carried 6-1 with Mrs. Sang voting no. E. Resolution 58-2006 was introduced by Ms. Berry, who also read the executive summary. Motion by Ms. Berry to deny Resolution 58-2006 for the following reasons: She believes that the Resolution as proposed does not fully meet the intent of Amendment 41 because it does not have an independent Ethics Commission; seconded by Mrs. Adams. CITY COUNCIL MINUTES: December 11, 2006 Page -3- Mr. Gokey asked City Attorney Dahl to go over the significant differences between State Law and this Resolution. Mr. Dahl stated that Amendment 41 is pretty expansive. The State Statute on gifts and gratuities, etc. links the gift with an attempt to influence the public official. Amendment 41's approach to that subject is if you are a public official you may not accept gifts. It makes your status as a public official the reason the gift is illegal. The definition of what is a gift or gratuity under the amendment is considerably broader than Statute. Under the Amendment it's "gifts, gratuities and things of value" and those also go to your dependents and your spouse. He cited as an example a scholarship to a Councilmember's son, that is a gift of value received by a dependent of a public official and is not permitted unless the public official gives equal value back. Motion by Mr. Stites to make a substitute motion to approve Resolution 58-2006; seconded by Mrs. Sang; failed 4-2 with Councilmembers Schulz, Berry, Adams and Rotola voting no. Motion to deny carried 5-2 with Councilmembers Stites and Sang voting no. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 30-2006 - AN ORDINANCE AMENDING SECTION 5-84 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE PRESCRIPTIVE ENERGY CODE. (Case No. WCA-06-05) Mayor DiTullio opened the public hearing. Council Bill 30-2006 was introduced on second reading by Mr. Gokey. Clerk read the executive summary and assigned Ordinance No. 1380. Alan White presented the staff report. Sandra Collins spoke in support of the Council Bill and asked that it be approved. Mayor DiTullio closed the public hearing. Motion by Mr. Gokey to adopt Council Bill 30-2006 (Ordinance No. 1380) on second reading, and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 6-1 with Mr. Schulz voting no. CITY COUNCIL MINUTES: December 11,2006 Page -4- Item 3. COUNCIL BILL 31-2006 - AMENDING SECTION 5-85 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE INTERNATIONAL RESIDENTIAL CODE. (Case No. WCA-06-06) Mayor DiTullio opened the public hearing. Council Bill 31-2006 was introduced on second reading by Ms. Berry. Ms. Berry read the executive summary. Clerk assigned Ordinance No. 1381. Alan White presented the staff report. Chad Root, Chief Building Inspector, answered Councils' questions. Mayor DiTullio closed the public hearing. Motion by Ms. Berry to approve Council Bill 31-2006 (Ordinance 1381) on second reading and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 7-0. Item 4. A Request for a Special Use Permit to allow expansion of an education building as ancillary to a church in an R-1 Zone District located at 11225 W. 32nd Avenue, Wheat Ridge. (Case No. SUP-06-04) (Applewood Baptist Church) Mayor DiTullio opened the public hearing. Item 4 was introduced by Mr. Stites. Mr. Stites read the executive summary. Mayor DiTullio administered Oath to all people intending to speak. Meredith Reckert, Wheat Ridge Community Development Department, presented the staff report and gave power point presentation. She entered a group of 8 letters into the record, which were submitted to City staff today. They were letters of objection from people who lived in Wheat Ridge and Lakewood. She also entered into the record the Zoning Ordinance, the Case File, and contents of this digital presentation. All proper notification and posting requirements have been met, therefore Council has jurisdiction to hear this case. CITY COUNCIL MINUTES: December 11,2006 Page -5- Architect Stanley Pouw, 14060 Elderberry Road, Golden, representing the applicant, explained the scheme for the new building and its proposed uses as well as the parking and landscaping. Traffic issues are a concern, but the applicant has agreed to put in a traffic light and will pay for that. The following citizens spoke against the Special Use Permit and urged Council to deny it: Mike Larkin, Lakewood, Tiffany Barnhart, Dan Barnhart, Pete Klammer, Tom Radigan Sheila Bardwell Ralph and Debbie Perri, Lakewood, Christine Tomavich, Lakewood, Holly Heaton Arthur Gibbard Julia Parisian Their reasons for opposition included, but were not limited to, parking in neighborhood streets instead of Church parking lot; church does not shovel their sidewalks; increased traffic, noise, air and light pollution; destroying the quality of life for people in Applewood; this does not belong in a residential neighborhood; will hurt property values; church does not pay taxes, residents do; unanswered questions about the proposed use of the building; church is growing into a mega church and needs to be in a commercial area. Mayor DiTullio called for a 10-15 Minute break at 8:44 p.m. Meeting reconvened at 8:58 p.m. Council questions and discussion followed. Fred Lantz did traffic study on the project and explained the methodology he used. Tim Paranto stated that City staff reviewed the traffic study. Motion by Mr. Stites to deny Case No. SUP-06-04 for the following reasons: 1. There have been objections filed regarding the application. 2. There will be visual impacts on the neighborhood, as well as an increase in traffic on West 32nd Avenue. 3. There will be a negative impact on the light and air to adjacent properties. 4. There will be air and noise pollution generated by vehicles entering and exiting the expanded parking area. 5. There will be unacceptable safety hazards to pedestrians and vehicles. CITY COLiNCIL MINUTES: December 11,2006 Page -6- Councilmember Stites further moved to direct the City Attorney to prepare findings for this Item and bring them back to the next Council Meeting for approval; seconded by Mr. Schulz; carried 7-0. DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. RESOLUTION 62-2006 - LEVYING GENERAL PROPERTY TAXES FOR THE YEAR OF 2006, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO, FOR THE 2007 BUDGET YEAR. Resolution 62-2006 was introduced by Mrs. Sang. Motion by Mrs. Sang to adopt Resolution 62-2006 levying a mill levy of 1 .830 on general property taxes for the Year of 2006, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2007 budget year; seconded by Mrs. Adams; carried 7-0. Item 6. RESOLUTION 55-2006 - ADOPTING THE SECOND MODIFICATION TO THE 38TH AVENUE CORRIDOR REDEVELOPMENT PLAN. Resolution 55-2006 was introduced by Mr. Schulz, who also read the executive summary. Motion by Mr. Schulz to adopt Resolution 55-2006; seconded by Mrs. Rotola. Charles Durbin spoke against this Resolution. He is concerned about taking tax money away from the City, the schools, and various districts. He thought Wheat Ridge was trying to improve their tax base. Urban Renewal has $800,000 of promised TIF money tied up in litigation. This Resolution needs closer examination. Alan White presented the staff report and entered Urban Renewal Resolution 05-2006 into the record, which recommends forwarding this item to City Council. He clarified some of the comments Mr. Durbin made. Mayor DiTullio called for a 5 Minute break at 9:50 because of background noise. Meeting resumed at 9:55 p.m. Motion carried 7-0. CITY COUNCIL MINUTES: December 11, 2006 Page -7- Item 7. RESOLUTION 61-2006 - APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE LONGS PEAK METROPOLITAN DISTRICT. Resolution 61-2006 was introduced by Mr. Stites, who also read the executive summary. Motion by Mr. Stites to approve Resolution 61-2006 with the amendment that technical corrections and modifications for internal consistency as are approved by the City Attorney be authorized; seconded by Mrs. Sang and Mr. Gokey; carried 7-0. Item 8. RESOLUTION 60-2006 - APPROVING AN AMENDED AND RESTATED ANNEXATION AND DEVELOPMENT AGREEMENT AMONG THE CITY OF WHEAT RIDGE, CABELA'S RETAIL INC., MICHAEL ALLARD, CHARLES BERA, ANN MARIE COURCHENE, NEIL G. JAQUET, DONALD W. MACDONALD AND COORS BREWING COMPANY. Resolution 60-2006 was introduced by Mr. Schulz, who also read the executive summary. Motion by Mr. Schulz to approve Resolution 60-2006 with the following amendments: 1. Amend Section 5 (b) to add: Additionally, said opening date is subject to completion of certain roads by the City, the District, and the Colorado Department of Transportation, which are currently contemplated by the parties and necessary to provide adequate access to the Cabelas Project. 2. Such technical corrections and modifications for internal consistency as are approved by the City Attorney be authorized; seconded by Mrs. Rotola; carried 7-0. Item 9. Parks and Recreation Commission Appointment. Motion by Mrs. Rotola to appoint Liz George to the District IV vacancy on the Parks and Recreation Commission; term to expire March 2,2008; seconded by Mr. Schulz; carried 7-0. CITY COUNCIL MINUTES: December 11,2006 Page -8- ELECTED OFFICIALS' MATTERS Mayor DiTullio and Councilmembers congratulated Wheat Ridge High School football team on winning the State Championship. Meeting adjourned at 10:22 p.m. G c, " .~ \ i'\ \. j~ 'i f'\\ ~ \C>, ,\J\'0 Christa Jones, Deputy City Clerk ,1 APPROVED BY CITY COUNCIL ON JANUARY 8, 2007 BY A VOTE OF ~ _ to C'i with Mr. Womble abstaining and Councilmembers Gokey and Rotola absent. '\ c {r f f '. ({ ,JK'~ ~k.... Mike St tes, Mayor pro tem The preceding Minutes were prepared according to 947 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.