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HomeMy WebLinkAboutCity Council Minutes 05/14/2007 rN;-rl'\tJ ~~..' ~r~~ \tllllJ rtllm.i lJ Lm.J CITY OF WHEAT RIDGE, COLORADO Mav 14. 2007 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, Michael Snow; City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Community Development, Alan White; Director of Public Works, Tim Paranto; Police Chief, Dan Brennan; Planner, Travis Crane; staff; and interested citizens. APPROVAL OF MINUTES OF April 23. 2007 Motion by Council Member Schulz for the approval of the Minutes of April 23, 2007; seconded by Council Member Womble; carried 7-0, with Council Member Gokey abstaining due to his absence at the April 23, 2007 meeting. PROCLAMATIONS AND CEREMONIES Mayor DiTullio presented Proclamations for: Mental Health Month - May 2007. Mark Stone of the Jefferson Center for Mental Health accepted the proclamation and spoke of the JCMH services. National Police Week - May 13 -19,2007; Chief Brennan accepted the Mayor's proclamation and spoke in recognition of Police personnel and the services they provide. Muscular Dystrophy Association 2007 Wheat Ridge Goodwill Ambassador; Shawn Miller, the 2007 Muscular Dystrophy Wheat Ridge Goodwill Ambassador and a Second Grader at Kullerstrand Elementary, was on hand to accept the proclamation and to speak on behalf of citizens in the community with Muscular Dystrophy. CITIZENS' RIGHT TO SPEAK. Cheryl Brungardt, expressed her displeasure with the recent acts of Council Member Womble. Roger Loecher spoke of similar and much worse things that have happened between Council Members in the past and that they have now moved on, and respect one another. He encouraged Council Members to work towards the same today. Mr. Loecher also expressed his belief that Council Members deserve a pay raise. CITY COUNCIL MINUTES: May 14, 2007 Page -2- David Berry spoke on the matter of Council Member Womble's false accusations of Council Member Berry's work performance and its threat to his family's well-being. Item 1. Consent Agenda A. CITY CONTRIBUTIONS TO OUTSIDE AGENCIES. B. AWARD ITB-07-34 2007 MINOR STREET IMPROVEMENT PROJECT IN THE AMOUNT OF $284,917.80. C. AWARD CONTRACT SOQ-07-29 GIS IMPLEMENTATION PHASE IV IN THE AMOUNT OF $44,940.00. D. AWARD RFB-07-33 PANASONIC COMPUTER NOTEBOOKS TO PORTABLE COMPUTER SYSTEMS IN THE TOTAL AMOUNT OF $38,008.00. E. APPROVE INCREASE IN PROJECT CONTINGENCY FOR PROJECT ITB-06-35 YOUNGFIELD STREET, 38TH - 44TH AVENUE, IMPROVEMENT PROJECT IN THE AMOUNT OF $45,368.65. F. PAYMENT TO MURRAY DAHL KUECHENMEISTER & RENAUD FOR APRIL 2007 CITY ATTORNEY SERVICES IN THE AMOUNT OF $25,517.88. G. AWARD RFP-07-31, ORGANIZATIONAL STRUCTURE ASSESSMENT TO THE MERCER GROUP, INC. IN AN AMOUNT NOT TO EXCEED $42,070.00. H. RESOLUTION .15-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR ADDITIONAL STUDY TO BE COMPLETED FOR THE WADSWORTH CORRIDOR SUBAREA PLAN IN THE AMOUNT OF $40,000.00. Consent Agenda was introduced and read by Council Member Stites. Council Member Gokey requested that items B, C, E, G and H be removed from the Consent Agenda. .Motion by Council Member Stites for approval of the Consent Agenda items A, D and F; seconded by Council Member Womble; carried 8-0. Motion by Council Member Gokey to approve Consent Agenda Item B; seconded by Council Member Sang. CITY COUNCIL MINUTES: May 14, 2007 Page -3- Motion by Council Member Gokey to amend Consent Agenda Item B to strike the item and language for the speed bump at Panorama Park; seconded by Council Member Womble; failed 2-6; with Council Members Gokey and Womble voting Yes. Original Motion to approve Consent Agenda Item B carried 7-1 with Council Member Gokey voting No. Motion by Council Member Gokey to approve Consent Agenda Item C; seconded by Council Member Sang; carried 8-0. Motion by Council Member Sang to approve Consent Agenda Item E; seconded by Council Member Schulz; carried 8-0. Motion by Council Member Sang to approve Consent Agenda Item G; seconded by Council Member Stites; carried 7-1, with Council Member Womble voting No. Motion by Council Member Berry to approve Consent Agenda Item H; seconded by Council Members Schulz and Rotola. Louise Turner spoke in opposition of the additional funding for the Wadsworth Corridor Subarea study. Roger Loecher spoke in opposition to the additional funding and recommended Council and City Management arrange community meetings to discuss the community's needs and wishes for the Plan. Substitute Motion by Council Member Schulz to amend the original motion to bring Consent Agenda Item H to the May 21, 2007 Council Study Session for further discussion and study before approval; seconded by Council Member Sang; carried 5-3 with Council Members Rotola, Adams and Berry voting No. Original Motion, as amended, carried 5-3 with Council Members Rotola, Adams and Berry voting No. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 02-2007 - AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS CONCERNING THE DEVELOPMENT REVIEW PROCESS. Mayor DiTullio opened the public hearing. Council Bill 02-2007 was introduced on second reading by Council Member Sang, who read the executive summary. City Clerk Michael Snow assigned Ordinance No. 1383. CITY COUNCIL MINUTES: May 14, 2007 Page -4- Mr. White presented the staff report (attached to this packet). Duane Chesley spoke in support of the proposed amendment and urged Council to approve it tonight. Mayor DiTullio called for a recess at 8:40pm; resuming at 8:52. Mayor DiTullio closed the public hearing. Motion by Council Member Sang to approve Council Bill 02-2007 (Ordinance 1383) on second reading and that it take effect 15 days after final publication; seconded by Mrs. Rotola. Motion by Council Member Gokey to amend Section 2 of Council Bill 02-2007 such that the Community Development Director shall notify City Council of the date and location of all approved administrative variances of greater than 10%; seconded by Council Member Sang; tied 4-4 with Council Members Stites, Rotola, Adams and Berry voting No. Motion failed with Mayor DiTullio voting No. Motion by Council Member Gokey to postpone until after the adoption of the Architectural Manual; seconded by Council Member Womble; failed 3-5 with Council Members Womble, Gokey and Sang voting Yes. Alan White suggested the following amendments to Council Bill 02-2007: 1. Page 4, Paragraph D, [3.] to read: Will The special use will not create adverse impacts greater than allowed under existing zoning for the property. 3dvorsoly affe~t the 3deEjb:o~~ nr1a-air, n9F-s:::J39-Si~nificant air, w3ter 3r noise pollution. 2. Page 9, Paragraph C, to read: .. .intended character of the development and must provide enough information for the review bodies to determine how the property will be developed. 3. Page 10, Paragraph d, to read: A "to scale" sketch plan showing gener31 indication of access to the property, areas to be landscaped, parking areas, building locations, buffering, pedestrian linkages on site and to adjacent sites, and any other design features such as plazas, courtyards, outdoor seating areas or other areas of interest. The drawing shall include existing conditions on properties adjacent to the proposed development, including but not limited to buildings, easements, landscaping, topography and other improvements. 4. Page 11, Item v, to read: Aerial perspective or "birds'-eye-view" image of the project showing building location, layout, bulk and height in three dimensions. CITY COUNCIL MINUTES: May 14, 2007 Page -5- 5. Page 17, Item b1, to read: The proposed final development plan conforms with the approved outline development plan and incorporates all recommended changes, modifications and conditions of approval imposed by City Council. 6. Page 18, Item c, to read: The Community Development Director may approve, deny or approve the proposed final development plan with conditions. In the case of a denial by the Community Development Director, or if the applicant objects to conditions of approval imposed by the Community Development Director, the applicant may appeal the decision to City Council at a public hearing within thirty (30) days of the decision. Council Member Sang affirmed her original motion to approve Council Bill 02-2007 and agreed to the amendments suggested by Alan White; seconded by Mrs. Rotola; carried 7-1 with Council Member Gokey voting No. Motion by Council Member Stites to adopt, as an Administrative Rule rather than as part of the Ordinance language, Council Member Gokey's original motion regarding Community Development Director notification to Council Members of Administrative Variances of more than 10%; seconded by Council Member Sang; carried 6-2 with Council Members Rotola and Adams voting No. Item 3. COUNCIL BILL 03-2007 - AN ORDINANCE PROVIDING FOR APPROVAL OF A ZONE CHANGE FROM COMMERCIAL ONE (C-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT LOT 2, CADENCE SUBDIVISION (CASE NO. WZ-06-11/BENTON). Mayor DiTullio opened the public hearing. Council Bill 03-2007 was introduced on second reading by Mr. Womble who read the Executive summary. City Clerk Michael Snow assigned Ordinance No. 1384. Travis Crane presented the staff report (attached to this packet). Representing the applicant, Lucy Dinneen of DTF Benton LLC, spoke in favor of the rezoning and urged the Council to approve. Mrs. Dinneen informed Council that the property owner would agree to the following amendments to the proposed rezoning: 1. increase the 3-foot setback to 5 feet 2. designate only single-family development in the Plan. Charles Durbin and John Montoya spoke in opposition to the rezoning. Mayor DiTullio closed the public hearing. Mayor called for a recess at 1 0:02pm, to resume at 10: 1 Opm CITY COUNCIL MINUTES: May 14, 2007 Page -6- Mr. Crane informed Council of the following additional conditions amenable to the property owner's agent, Lucy Dinneen: 1. Increase front-yard setback from 21.5 to 25 feet; 2. Increase percentage of brick on first floor of the East, street-facing side of the building to 100%. Rezoning/Outline Development Plan Motion by Council Member Womble to table indefinitely Council Bill 03-2007, thereby denying case number WZ-06-11, a request for rezoning from Commercial One to Planned Residential Development including an Outline Development Plan for property known as Lot 2 Cadence Subdivision for the following reasons: 1. The design is not consistent with the Comprehensive Plan. 2. The design is not consistent with the area. Motion seconded by Council Member Sang; failed 2-6 with Council Members Sang and Womble voting Yes. Motion by Council Member Berry to approve Council Bill 03-2007 as amended by Travis Crane, Case No. WZ-06-11, Ordinance No. 1384, for the following reasons: 1. The proposed zone change will be consistent with the existing surrounding land use. A residential structure will provide a buffer from the existing commercial development adjacent to West 38th Avenue. 2. The change in zone will not adversely affect the public health, safety or welfare, nor will it create an isolated or spot zone district. 3. The change in zone will be in conformance with several goals of the Comprehensive Plan, specifically providing quality, aesthetically pleasing housing, providing a variety of housing and development that is a contribution to and compatible with the surrounding neighborhood. Motion seconded by Council Member Rotola. Council Members Berry and Rotola reaffirmed their Motion and Second, agreeing to the amendments previously mentioned by Mr. Crane: 1. The front-yard setback shall be increased to 25 feet. 2. The eastern elevation, for the first floor, shall be 100% brick fa<;ade. Motion by Council Member Gokey to further amend the proposed rezoning to allow for a single-family home only; seconded by Council Member Sang; carried 5-3, with Council Members Stites, Rotola and Adams voting No. Original Motion by Council Member Berry to approve Rezoning and Outline Development Plan with the agreed amendments carried 8-0. CITY COUNCIL MINUTES: May 14, 2007 Page -7- Final Development Plan Motion by Council Member Berry to approve the Final Development Plan, as amended to reflect the single-family residential designation, associated with Case No. WZ-06-11 for the property known as Lot 2 Cadence Subdivision for the following reasons: 1. The Final Development Plan is consistent with the Outline Development Plan. 2. The Final Development Plan meets the standards established in Chapter 26, Article III of the Wheat Ridge Code of Laws; seconded by Council Member Rotola; carried 8-0. Item 4. COUNCIL BILL 04-2007 - AN ORDINANCE AMENDING CHAPTER 2 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE V, CONCERNING THE ADMINISTRATIVE MODEL PROCESS OF CERTAIN CODE OF LAWS PROVISIONS, AND AMENDING CHAPTER 15 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE THAT A NOTICE OF VIOLATION ISSUED PURSUANT TO CHAPTER 2, ARTICLE V, SHALL CONSTITUTE A NOTICE TO ABATE A NUISANCE. Mayor DiTullio opened the public hearing. Council Bill 04-2007 was introduced on second reading by Mr. Stites who read the executive summary. City Clerk Michael Snow assigned Ordinance No. 1385. Police Chief Dan Brennan presented the staff report. Mayor DiTullio closed the public hearing. Motion by Council Member Stites to approve Council Bill 04-2007 (Ordinance 1385) on second reading and that it take effect June 15, 2007; seconded by Council Member Womble; carried 8-0. item 5. COUNCIL BILL 05-2007, AN ORDINANCE APPROVING DISPOSITION OF CITY OWNED PROPERTY LOCATED NEAR THE INTERSECTION OF 38TH AVENUE AND HIGH COURT. Mayor DiTullio opened the public hearing. Council Bill 05-2007 was introduced on second reading by Council Member Womble who read the executive summary. City Clerk Michael Snow assigned Ordinance No. 1386. Rob Osborn, Director of WR2020, presented the report. Motion by Council Member Schulz to continue the Council Meeting beyond the . approaching 11 :OOpm hour; seconded by Council Members Adams and Sang; carried 7- 1 with Council Member Gokey voting No. CITY COUNCIL MINUTES: May 14, 2007 Page -8- No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Council Member Womble to approve Council Bill 05-2007 (Ordinance 1386) on second reading and that it take effect immediately upon adoption; seconded by Council Members Gokey and Rotola; carried 8-0. ORDINANCES ON FIRST READING Item 6. COUNCIL BILL 06-2007, AN ORDINANCE REPEALING AND RE- ENACTING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SIGN CODE. Council Bill 06-2007 was introduced on first reading by Mr. Schulz. Motion by Council Member Schulz to approve Council Bill 06-2007 on first reading, order it published, publiC hearing set for Monday, June 11,2007 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Council Member Rotola; carried 8-0. Item 7. COUNCIL BILL 07-2007, AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF SOCIAL CLUBS, AND COUNCIL BILL 08-2007, AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF SOCIAL CLUBS, CASE NO. ZOA-06-05. Council Bill 07-2007 was introduced on first reading by Council Member Sang. Motion by Council Member Sang to approve Council Bill 07-2007 and Council Bill 08- 2007 on first reading, order them published, public hearing set for Monday, June 11, 2007 at 7:00 p.m. in the City Council Chambers, and that they take effect 15 days after final publication; seconded by Council Member Schulz; carried 8-0. Item 8. COUNCIL BILL 09-2007 - AN ORDINANCE AMENDING CHAPTERS 5 AND 21 OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING CERTAIN CONTRACTOR'S LICENSES. Council Bill 09-2007 was introduced on first reading by Council Member Schulz. Motion by Council Member Schulz to approve Council Bill 09-2007 on first re~ding, . order it published, public hearing set for Monday, June 11,2007 at 7:00 p.m. In the City Council Chambers, and that it take effect 15 days after final publication; seconded by Council Member Sang; carried 8-0. CITY COUNCIL MINUTES: May 14, 2007 Page -9- CITY ATTORNEY'S MATTERS Concerning the Reappointment of Municipal Judge Randall, Mr. Dahl asked Council for input as to whether they would prefer to meet with Judge Randall during a Study Session prior to considering a Council Action to reappoint, or whether they would like to immediately consider reappointment at a subsequent Council Meeting. Motion by Council Member Stites to instruct Mr. Dahl to bring a reappointment package to Council on the June 11, 2007 Council Meeting; seconded by Council Member Gokey; carried 8-0 ELECTED OFFICIALS' MATTERS City Clerk Michael Snow informed Council and viewers that State Senate Bill 045, Concerning Open Records Retrieval Fees, was passed by the Legislature and signed by the Governor on April 19, 2007. The Bill, which limits per-page fees to $.25 for such records to be produced, does not, however, go into affect until August 8th, at the soonest. Therefore, the City of Wheat Ridge will maintain its $.50 per-page fee until that time. Motion by Council Member Gokey to adjourn; seconded by Council Member Sang; tied 4-4 with Council Members Adams, Berry, Rotola, and Schulz voting No. Mayor DiTullio broke the tie by voting yes. Motion carried 5-4. Meeting adjourned at 11 :06 p.m. ~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON JUNE 11,2007 BY A VOTE OF ~ to C ,\.( ~,\\ ~\, ~ I I ....t \1,---,,- "~,~ Mike Stites, ;-. ayor pro tem The preceding Minutes were prepared according to ~47 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.