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HomeMy WebLinkAboutCity Council Minutes 09/10/2007 arr.-&___ CITY OF WHEAT RIDGE, COLORADO SeDtember 10. 2007 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council members present: Karen Adams, Karen Berry, Dean Gokey, 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; Acting Director of Community Development, Sally Payne; staff; and interested citizens. APP~QVAL OF MINUTES OF Auaust 27.2007 Motion by Mr. Gokey for approval of the Minutes of August 27, 2007; seconded by Council Members Gokey and Stites; carried 8-0. Mayor DiTullio asked for a moment of silence for the victims of 9/11 and for the safety of all American Troops in the Mideast and across the world. PROCLAMATIONS AND CEREMONIES Mayor DiTullio read the Proclamation for Responsible Dog Owner Day, September 15,2007 and presented it to the representatives of Best Friends Pet Care. CITIZENS' RIGHT TO SPEAK Jeff Lamontagne, Lakewood, and Patty Zingaro, Golden, from "Second Wind Fund", were present to speak about their organization. They provide counseling services for teens who are deemed at risk for suicide by the schools and who are underinsured or not insured. They are holding their annual fund raiser, which is a walk/run/ride on Sunday, September 23 at Green Mountain High School. There will be a BBQ and various entertainments. APPROVAL OF AGENDA Motion by Mrs. Adams to add Item 6. Parks and Recreation Commission Appointment; seconded by Mr. Stites; carried 8-0. CITY COUNCIL MINUTES: September 10,2007 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Request for a Final Plat with a Cul-De-Sac Length Variance for Property Located at 3301 Quail Street (Case Nos. WS-07-01 & WA-07-04/Crown Land) a. Cul-De-Sac Length Variance (Case No. WA-07-04) b. Approval of an 11-Lot Major Subdivision (Case No. WS-07-01) Mayor DiTullio opened the public hearing. Council member Adams introduced Item 1 and read the executive summary. Mayor DiTullio asked that anybody testifying on this matter stand and swear to tell the truth. City Attorney Jerry Dahl gave brief explanation that two things are in front of Council tonight. The cul-de-sac variance and the subdivision itself. What is not in front of Council is the flood plain exception. Meredith Reckert, Wheat Ridge Community Development Department, presented the staff report and entered Zoning Ordinance, Case File and Packet Materials and contents of this digital presentation into the record. The property is located within the City of Wheat Ridge and all proper postings, publication and notice requirements have been met. Steve McKendry, Golden, applicant, gave background on the lengthy procedure to get this project approved. The following residents were present to comment on this Item: Nancy Snow was sworn in by the Mayor. She was not present when the other speakers were sworn in. She spoke on behalf of Louise Turner, who was too ill to attend the meeting. She read a statement from Mrs. Turner, which gave background information on Lena Gulch. She asked that this entire matter be tabled until Council has a complete presentation at a study session. She also asked that Council take a land dedication rather than money. Mrs. Snow added that she feels 900' is a long cul-de-sac and that parkland dedication is more important than money. Dan Barnhart had traffic concerns and wondered if there couldn't be a different entrance. They are concerned about drainage; their lot was very marshy this summer. They would be surrounded on all 4 sides by streets. They are also concerned about the Wildlife living there. CITY COUNCIL MINUTES: September 10, 2007 Page -3- Mr. Gibbard, Wheat Ridge, was concerned about the cul-de-sac. Mark Harris, Wheat Ridge, grew up in that neighborhood; feels this development would be a tremendous asset for the City; impact is minimal to the area; recommends approval. Linda Gibbard, Wheat Ridge, property adjoins the proposed subdivision. She is opposed to the entire project because wildlife habitat will be destroyed; what will the City gain by 11 more roof tops? We already have water rationing in the summer, do we need more houses? Air pollution; traffic increase; beautiful view of the mountains from their home; this is not good stewardship of the land and wildlife; it is tragic that the City is more focused on 11 more roof tops. Tiffany Barnhart, Wheat Ridge, is very concerned about the cul-de-sac and the raging water might flood their entire property; it is a hazard and will be a big problem for the houses being planned. Council questions and discussion followed. Mayor DiTullio closed the public hearing. Cul-de-sac lenath variance (Case No. WA-07-04' Motion by Mrs. Adams to approve Case No. WA-07-04 for the following reasons: 1. Staff has concluded that granting of the variance would not alter the character of the area. 2. There are unique challenges with the property due to the pass-through tributary to Lena Gulch, existing utilities and grade changes which preclude alternate access designs. 3. Granting of the variance would allow the subdivision to be developed in a way which is environmentally sensitive and less impactive to residents along Quail Street. 4. There are several cul-de-sacs serving subdivisions in the vicinity which exceed 500' in length, thereby setting precedent. 5. Granting of the variance should not impair the amount of light and air to adjacent properties, increase congestion in the public streets or increase fire danger. With the following condition: 1. During construction alternate access be provided by the 25' wide access easement through Lot 1 of Applewood Baptist Church Subdivision. Seconded by Mr. Stites; carried 8-0. CITY COUNCIL MINUTES: September 10, 2007 Page -4- 11-lot maior subdivision Dlat (Case No. WS-07-011 Motion by Mrs. Adams to approve Case No. WS-07 -01 for the following reasons: 1. All lots meet or exceed the R-1 development standards. 2. The developer has maintained the integrity of the natural features on the property. 3. The drainage report is approved. 4. With the exception of the street length, all requirements of the Subdivision Regulations have been met. 5. Application is consistent with the goals of NRS to attract strong households with disposable income. With the following conditions: 1. The applicant continue working with staff on modifications to the Homeowner's Association Covenants. 2. An approved CLOMR shall be required prior to any modification of the existing Lena Gulch drainage way and 1 OO-year floodplain on the site; 3. Fees in lieu of dedication be required at the time of building permit issuance for individual house construction. Seconded by Mr. Stites; carried 8-0. Mayor DiTullio called for a 10-Minute break at 8:33 p.m. Meeting resumed at 8:40 p.m. Item 2. COUNCIL BILL 21-2007 - AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY COUNCIL. Mayor DiTullio opened the public hearing. Council Bill 21-2007 was introduced on second reading by Mr. Gokey. Deputy City Clerk Christa Jones read the executive summary and statement of the issues and assigned Ordinance No. 1400. Mayor DiTullio closed the public hearing. Motion by Mr. Gokey to approve Council Bill 21-2007 (Ordinance 1400) on second reading, and that it take effect fifteen days after final publication; seconded by Mrs. Sang. Motion by Mr. Stites for an amendment that the following be stricken under b. benefits: "employee assistance plan; retirement plan; tuition assistance program"; carried 6-2 with Council Members Adams and Rotola voting no. Original Motion as amended tied 4-4 with Council Members Gokey, Sang, Schulz, and Stites voting yes. Mayor DiTullio broke the tie by voting yes. Motion as amended carried 5-4. CITY COUNCIL MINUTES: September 10,2007 Page -5- Item 3. COUNCIL BILL 22-2007 - AN ORDINANCE AMENDING CHAPTER 22, DIVISION 2 CONCERNING SALES TAX, OF THE WHEAT RIDGE CODE OF LAWS TO AUTHORIZE RETAILERS TO USE AN ELECTRONIC DATABASE CERTIFIED BY THE STATE DEPARTMENT OF REVENUE TO DETERMINE THE JURISDICTIONS TO WHICH TAX IS OWED. Mayor DiTullio opened the public hearing. Council Bill 22-2007 was introduced on second reading by Councilmember Adams. Deputy City Clerk Christa Jones assigned Ordinance No. 1401. City Treasurer Mary Cavarra explained the reasons for this Ordinance. Mayor DiTullio closed the public hearing. Motion by Mrs. Adams to approve Council Bill 22-2007 (Ordinance 1401) on second reading, and that it take effect 15 days after final publication; seconded by Mr. Womble and Mr. Stites; carried 8-0. Item 4. COUNCIL BILL 23-2007 - AN ORDINANCE AMENDING THE REQUIREMENTS FOR ADOPTING A COMPETITIVE CABLE FRANCHISE APPLICATION, REVIEW AND EVALUATION PROCESS IN CONNECTION WITH ANY FRANCHISE APPLICATION SUBMITTED PURSUANT TO SECTION 76.41 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS. Mayor DiTullio opened the public hearing. Council Bill 23-2007 was introduced on second reading by Mrs. Adams, who read the executive summary. Deputy City Clerk Christa Jones assigned Ordinance No. 1402. Mayor DiTullio closed the public hearing. Motion by Mrs. Adams to approve Council Bill 23-2007 (Ordinance 1402) on second reading and that it take effect 15 days after final publication; seconded by Mr. Stites; carried 8-0. CITY COUNCIL MINUTES: September 10, 2007 Page -6- DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. RESOLUTION 36-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 BUDGET TO REFLECT ACCEPTANCE OF AN EDWARD BYRNE MEMORIAL BUREAU OF JUSTICE ASSISTANCE GRANT. Resolution 36-2007 was introduced by Mrs. Sang, who also read the executive summary. Motion by Mrs. Sang to approve Resolution 36-2007 and adding $18,380 into the Police Department Acct. 01-201-650-660; seconded by Mr. Womble; carried 8-0. Item 6. Parks and Recreation Commission Appointment. Motion by Mrs. Adams to appoint Ralph Hughes to the Parks and Recreation Commission; term to expire March, 2009; seconded by Mr. Stites; carried 8-0. CITY MANAGER'S MATTERS Mr. Young reminded citizens of the Town Open House on September 27, 2007. Cabela's will also hold an informational Open House on September 19, 2007 to update the public on the current design concepts, including 1-70 and State Highway 58; the 40th Avenue underpass at 1-70; 32nd and Youngfield Street area improvements; Cabela Drive and Pedestrian Trails. ELECTED OFFICIALS' MATTERS Mayor DiTullio announced that copies of the 2008 City Budget are available at numerous sites, such as City Hall, Community Center, Wheat Ridge library, Wheat Ridge Recreation Center and the City's website. Public hearing on the budget will be on October 8, and adoption of budget on October 22. He reminded citizens of the Farmers 5000 race this Sunday and the September 15 Art festival and car show on 38th Avenue. Motion by Ms. Berry to direct the City Attorney to bring forth an ordinance amending Section 25-24 of the Wheat Ridge Municipal Code (a.k.a. the Urban Renewal Authority) to allow for an at large Wheat Ridge elected official (optional: excluding the Mayor). She further moved that Section 25-24 be amended to allow for at large members who do not reside in Wheat Ridge, but have a licensed business in Wheat Ridge. She further moved that the ordinance will be brought forth for first reading to the September 24, 2007 City Council Meeting; seconded by Mr. Gokey; carried 8-0. CITY COUNCIL MINUTES: September 10,2007 Page -7- Mr. Womble invited everybody to come to the Arts Show on Pierce & Upham. Mr. Gokey stated that Mrs. Sang told him the District II party was a great success; he apologized for not attending, he was celebrating his birthday that day. He urged people to participate in the Arts festival. Mrs. Adams noted that the Arts Festival is a partnership with WR2020 and Farmers 5000 that helps finance programs at High school. Mrs. Rotola stated that the Business District is part of the arts festival. Reminded everybody that school is in session, yellow lights are flashing, slow down. Mrs. Sang praised the block party on Melrose Drive, great fun, great food, 170 people turned out. Mr. Stites proclaimed that the block party was fantastic. He asked that somebody look into the parking situation on 39th Avenue behind the medical complex; people are parking on both sides of the street. As always, find it and buy it in Wheat Ridge. Meeting adjourned at 9:18 p.m. ~~ ~B~~ Christa Jones, Deputy dcr Clerk APPROVED BY CITY COUNCIL ON SEPTEMBER 24, 2007 BY A VOTE OF <E;; to 0 ffi:A \b~ Mike Stites, 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.