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HomeMy WebLinkAboutCity Council Minutes 07/09/2007 arr--.1IImJIB CITY OF WHEAT RIDGE, COLORADO Julv 9. 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, 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; Community Development Planner, Travis Crane; Senior Planner, Meredith Reckert; staff; and interested citizens. Council Member Sang was absent. APPROVAL OF MINUTES OF June 25. 2007 Motion by Council Member Gokey for approval of the Minutes of June 25, 2007; seconded by Council Member Schulz; carried 7-0. PROCLAMATIONS AND CEREMONIES Chris Olson, Englewood Public Safety Director and President of the Colorado Association of Chief's of Police Board of Directors, presented Wheat Ridge Police Chief Dan Brennan with the Ralph Smith Professional Innovation Award and awarded Carrie Petersen the CACP Volunteer Award. Chief Brennan recognized the support of his staff and the City Council, whose work and dedication to innovative, customer service programs have made it possible for the City to earn this award. CITIZENS' RIGHT TO SPEAK Kim Stewart commended Julie Wazika of the Brown Dog School for her contributions to the business community of Wheat Ridge. Julie has organized an annual pet education and adoption event for the past five years. This year's event will be held Saturday, July 14th from 11 :00-3:00pm, at The Brown Dog School, 9900 W. 44th Ave. CITY COUNCIL MINUTES: July 9, 2007 Page -2- Item. 1. CONSENT AGENDA A. RESOLUTION 26-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 PUBLIC WORKS OPERATIONS BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION OF $180,000 TO FUND OPERATING SUPPLIES AND VEHICLE FUEL B. RESOLUTION 27-2007 - A RESOLUTION APPROVING THE ADOPTION OF THE AMENDMENT TO THE CITY OF WHEAT RIDGE MONEY PURCHASE PENSION PLAN FOR DESIGNATED POLICE DEPARTMENT EMPLOYEES FOR THE PURPOSE OF CLARIFYING THE PARTICIPATION AND VESTING OF POLICE CHIEFS C. ACCEPTANCE OF 50TH AVENUE AND KIPLING STREET RIGHT-OF-WAY Motion by Council Member Stites to remove Consent Agenda Item B; seconded by Council Member Gokey; carried 7-0. Consent Agenda was introduced and read by Council Member Stites. Motion by Council Member Stites for approval of Consent Agenda Items A & C; seconded by Council Member Womble; carried 6-1, with Council Member Gokey voting No. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1+............ 'l ILvIIIL. """f"'\IIf\I""'1I DII I ...., 1")1"\"7 ^"" ^~nU,I^t..I,...~ n~~I,...t..I^"'T'"It..I'"' ^ \J\JUI~\JIL UILL. h.rLVVf - /"\1"4 Vr\.LJII"f"\I"vt=: UI::"'\.:III'''/"\ 11I'l\.:J f"\ STRUCTURE LOCATED ON THE PROPERTY AT 9201 W. 44TH AVENUE AS A HISTORICAL LANDMARK (Case No. WHL 07-01) Mayor DiTullio opened the public hearing. Council Bill 13-2007 was introduced on second reading by Council Member Schulz who read the executive summary. City Clerk Michael Snow assigned Ordinance No. 1394. Meredith Reckert, Senior Community Development Planner, presented the staff report. No citizens were present to speak on the item. Mayor DiTullio closed the public hearing. Motion by Council Member Schulz to approve Council Bill 13-2007 (Ordinance 1394) on second reading and that it take effect 15 days after final publication; seconded by Council Member Womble; carried 7-0. CITY COUNCIL MINUTES: July 9, 2007 Page -3- Item 3. COUNCIL BILL 16-2007 - AN ORDINANCE ADDING CODE OF LAWS SECTION 16-49; CONCERNING GRAFFITI. Mayor DiTullio opened the public hearing. Council Bill 16-2007 was introduced on second reading by Council Member Stites who read the executive summary. City Clerk Michael Snow assigned Ordinance No. 1395. Police Chief Dan Brennan presented the staff report. Roger Loecher spoke in favor of this ordinance, stating that regulations on this issue aren't strong enough today and encouraged Council to impose stricter penalties. Rosey Fedorowicz spoke in favor of the ordinance, citing an on-going problem of graffiti on her business property on 38th Avenue. Mayor DiTullio closed the public hearing. Motion by Council Member Stites to approve Council Bill 16-2007 (Ordinance 1395) and that it take effect 15 days after final publication; seconded by Council Member Gokey; carried 7-0. Item 4. A REQUEST FOR AN AMENDMENT TO A FINAL DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 8300 WEST 38TH AVENUE (CASE NO. WZ-07-02/EXEMPLA) Mayor DiTullio opened the public hearing. Item 4 was introduced by Council Member Stites, who read the Executive Summary. Travis Crane, Community Development Planner, presented the staff report and a PowerPoint presentation outlining the proposal (attached to this packet). Everett Allen Davis, representing the property owners, spoke of the design and needs for the expansion and encouraged Council to approve the proposal. Rosey Fedorowicz, property owner on Balsam Street, has submitted a letter to staff and Council (included in this packet) and spoke in opposition to the proposal for the following reasons: the redesign will increase traffic volumes; the design will result in the removal of more than 23 mature trees that are now in the area where Lutheran Parkway will be realigned in the plan; the beautiful view that residents of the area enjoy to the South side of 38th Avenue will be replaced by parking lot views; that the west-bound cars lining up at the new Lutheran Parkway traffic light will greatly increase, impacting the residences in the area with increased noise and pollution. CITY COUNCIL MINUTES: July 9, 2007 Page -4- Todd Kareinbeck answered questions from Council regarding the construction impacts on the trees in the area. Mayor DiTullio closed the public hearing. Motion by Council Member Stites to approve Case No. WZ-07-02 for the following reasons: 1. The Final Development Plan meets the requirements listed in Section 26-306 of the Wheat Ridge Code of Laws. 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 Womble; carried 7-0. Mayor DiTullio called for a break at 8:06pm, to resume at 8:19pm. Item 5. REQUESTS FOR APPROVAL OF LOT SIZE AND LOT WIDTH VARIANCES AND A SPECIAL USE PERMIT TO ALLOW EXPANSION OF A CATTERY WITH A WAIVER TO THE REQUIREMENT FOR RIGHT- OF-WAY DEDICATION AND PUBLIC IMPROVEMENTS ESCROW ON PROPERTY LOCATED AT 12410 W. 44TH AVENUE/4300 WRIGHT STREET (CASE NOS. WA-07-05 & SUP-07-03/CHRISTENSEN) Mayor DiTullio opened the public hearing. Item 5 was introduced by Council Member Schulz, who read the Executive Summary. Meredith Recker!, Senior Community Development Planner, presented the staff report and PowerPoint presentation outlining the proposal (attached to this packet). Robert Christensen, the business owner, spoke on behalf of the proposed developments and asked Council to approve the requested proposal. Allan Bright, resident on the portion of Wright Street adjoining the Cattery, spoke to the issues resulting from the unusually narrow right-of-way that exists there today and to the negative impact on their property values that would result from this proposal. Michael Grotty, home owner on Wright Street adjoining the site, spoke in opposition to the proposal, citing negative impacts to his property and encouraged Council to deny the proposal. Mayor DiTullio closed the public hearing. CITY COUNCIL MINUTES: July 9, 2007 Page -5- Variances for Lot Size and Lot Width Motion by Council Member Schulz to approve Case No. W A-07 -05 for the following reasons: 1. If the variances are granted, the business could be expanded. 2. The existing pre-fabricated building which is currently an "eyesore" would be installed as a permanent structure. 3. Substantial investment in the property will occur as a result of the variances. 4. The hardship was created when the City modified the A-2 zone district regulations in 2001; Seconded by Council Member Berry; failed 4-3 with Council Members Stites, Berry and Schulz voting Yes. DECISIQN~. RESOLUTIONS. AND MOTIONS Item 6. 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 AN AMOUNT NOT TO EXCEED $39,950.00. Resolution 15-2007 was introduced by Council Member Berry who read the executive summary. Louise Turner spoke in opposition to the resolution for the following reasons: it was not n:::lonIIAc:.h:::~,r1 r\1" r11Oc:.irorl h\l ~iti7Qnc:. ~nn th!:lt r':nlln,...il ~hnlllrt C!llnnnrf +ho h"C!inQC"~eC" fh..,,+ . """...,-.............."" ""'" ....."'....,......... ....J ...................... ........... .., ........ -........, ......" ....."............. ........ "'I"V I " ..II.... L.H."QIII\JQ.,;;J .;;J LllaL already exist in the area rather than support new business, and that there is no loss in postponing its consideration. Mrs. Turner encouraged Council to table the resolution indefinitely. Roger Loecher spoke in favor of a motion to ask the State what they want to do first, but not to specify width limits before the State considers its needs. Motion by Council Member Berry to indefinitely postpone City Council Resolution 15- 2007, a resolution amending the 2007 budget for funding of a Wadsworth Blvd traffic study by the City; seconded by Council Members Schulz and Stites; carried 6-1 with Council Member Womble voting No. Motion by Council Member Berry to rescind parts of the motion made on March 26, 2007 directing staff to refine the road design concepts and present them to Council prior to October 23, 2007, and directing staff to prepare an overlay zone to establish a build- to line; second by Council Member Rotola; carried 6-1, with Council Member Womble voting No. CITY COUNCIL MINUTES: July 9, 2007 Page -6- Motion by Council Member Berry: To direct the City Manager's Office to modify the draft Wadsworth Corridor Plan to read as follows: · Public road improvements along Wadsworth Blvd, within the plan area, shall not exceed 150 feet in width. · Language regarding the preferred alternative of a multi-way boulevard shall be amended to include the range of alternatives outlined in the Appendix: the multi- way boulevard, the modified 1999 template, and the asymmetrical boulevard. I Further move to direct that the City Manager's Office shall modify the architectural and Site Design Manual to change the overlay area designation along Wadsworth Blvd, within the plan area, from Contemporary to Traditional. Within the setback range established for the traditional overlay area, the City Manager's Office Shall set minimum and maximum building setbacks, so that the pedestrian features of the three Roadway Design Alternatives are preserved. I Further Move that prior to August 27, 2007, the Planning Commission shall hold at least one public hearing on the modified Wadsworth Corridor Plan and forward its final recommendations on the plan to City Council. I Further Move that on August 27,2007, in a public hearing, the City Council shall consider adoption of the modified Wadsworth Corridor Plan. Seconded by Council Member Adams; carried 6-1, with Council Member Womble voting No. ELECTED OFFICIALS' MATTERS City Clerk Michael Snow reminded citizens of a Candidate's Workshop taking place on Thursday, July 12 at 6:30pm in the Council Chambers. Mr. Stites expressed his condolences for Council Member Wanda Sang's husband Jerry, who recently had a stroke, and wished him a speedy recovery. Mr. Stites also reminded citizens, as always, to "find-it and buy-it" in Wheat Ridge. Mr. Schulz encouraged citizens to attend the Brown Dog pet adoption event taking place July 14th at Brown Dog School. Mr. Schulz thanked Council Member Berry and Mayor DiTullio and others for their continued hard work on finding an agreeable direction to the Wadsworth Corridor Subarea Plan developments. Mrs. Rotola reminded citizens of the August 9th District IV town meeting taking place at the Anderson Park Pavilion. Mrs. Rotola also informed citizens that the Community Pool should re-open soon. CITY COUNCIL MINUTES: July 9, 2007 Page -7- Mr. Gokey expressed his wishes for Jerry Sang to get well soon. Mr. Gokey also expressed his apologies to residents of WR who have seen the City change from what it was so long ago and who struggle to accept the changes he feels must happen for the City to progress and remain economically successful. Mrs. Adams congratulated Chief Brennan on their Walk and Watch Program and informed citizens of the informational meeting on the program on July 18th, 6:30pm, at WRRC. Mrs. Adams also acknowledged the growing partnership with Olinger's and informed citizens of the tour of the trees on July 14th, 10am and also the August 18th Pipes and Drums concert at 3pm. Mrs. Adams also congratulated Lutheran hospital for their receipt of the American Stroke Association Achievement award and wished Jerry Sang a speedy recovery. Mr. Womble sent his condolences to Jerry Sang, and thanked everyone for their support for what he is going through right now; Mr. Womble also thanked and congratulated Mike Baran and the Carnation Festival committee for their continued support and hard work to make the festival a success. Ms. Berry invited citizens to two District I Issue Group meetings; one on July 19th, 7pm at the Senior Center for citizens in the area of Panorama Park to talk about issues in the management of the park; another on July 11 th at City Hall for residents in the eastern end of the City between 26th & 29th Avenues who are experiencing flooding issues. Mayor DiTullio sent his best wishes to Jerry Sang. He also thanked City Manager, Randy Young and his staff for their productive meeting and ongoing progress working with Cabe!as and the County Commissioners. f\..4ayor DiTullio expressed that he prefers not to break ties on issues such as the Wadsworth Corridor Plan, being an important topic that he does not want to see City Council split on. Thus, he congratulated Council for their continued progress to find agreeable solutions to keep the Wadsworth Corridor Plan moving forward. Meeting adjourned at 9:26p.m. ~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON July 23, 2007 BY A VOTE OF l to n .~--t\~ ~ I~l~ \~.~ Mike Stites, ayor 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.