HomeMy WebLinkAboutSUP-03-06City of Wheat Ridge of w " P
Community Development Department °
Memorandum ���oRaoo
TO: Moon Yoon and Bong Yoon
FROM: Alan White, Director of Community Development
SUBJECT: Case No. SUP -03 -06
DATE: October 14, 2003
Case No. SUP -03 -06 is an application by Moon Yoon and Bong Yoon requesting approval of an
administrative special use permit to allow casino bus drop -off and pick -up on Commercial -One
zoned property located at 12100 W. 44` Avenue.
Pursuant to Ordinance No. 1291, the Community Development Director has the ability to decide
upon applications for administrative special use approval, without requirement for a public hearing,
provided the following conditions are met:
1. A completed application package has been submitted and fee paid.
2. The Community Development Department has notified adjacent property owners by
letter notice and the site has been posted for at least ten (10) days,
3. No written objections have been received in such ten —day period;
4. The Community Development Director concludes that the criteria for approval, as set
forth below, are substantially complied with and support the request.
The Community Development Director can impose conditions or stipulations upon the approval,
which may include physical design, operational, and maintenance considerations to ensure
compliance with the criteria for review.
The Community Development Director shall also decide the following:
1. Whether the SUP runs with the land in perpetuity; or,
2. Whether the SUP is personal to the applicant and may or may not be inherited; and
/or,
3. Whether the SUP is granted only for a defined period, after which time the special use
shall expire unless renewed subject to all of the requirements of this section.
FINDINGS OF FACT:
1. A prior special use permit for the casino transit operation was approved pursuant to Case No.
SUP- 00 -01.
2. The prior special use permit was granted to Bart Mac Gillivray as a personal grant of use.
3. The property ownership has changed which has resulted in termination of the previous
special use permit.
4. The property was posted in the minimum required 10 days.
5. Adjacent property owners were notified by certified mail.
6. No written objections were received.
7. The applicants, Moon Yoon and Bong Yoon, have the ability to continuously meet the
conditions of the special use permit as no operational changes are proposed.
8. There is adequate street infrastructure to handle the operation.
9. There was no indication of an increase in accident frequency since the original special use
approval.
10. The proposed special use will not have a detrimental effect upon the general public health,
welfare, and safety.
11. The proposed special use will not adversely affect the light and air to adjacent properties.
This request for an administrative special use meets all applicable conditions as required by Section
26 -114 of the City of Wheat Ridge Code of Laws. Staff has not received written comments in
opposition to this request from the adjacent property owners.
Therefore, Case No. SUP -03 -06 is hereby APPROVED with the following conditions:
The special use shall be a grant of use to Moon Yoon and Bong Yoon until the time that
the property is sold. The grant of special use cannot be inherited.
Casino bus parking shall not be allowed on adjacent public streets.
The idling of buses is subject to the City of Wheat Ridge nuisance regulations (Section
15 -22; Offensive Discharges) with the idling of diesel engines limited to a maximum of
15 consecutive minutes.
A maximum of approximately one casino bus per hour be allowed in and out of the hotel.
The casino bus loading /parking space remain marked or signed.
There be no increase in ridership or route frequency.
li
Community Development Director Date
7500 West 29th Avenue
The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/235-2846 Ridge
FAX 303/235-2857
October 2, 2003
This is to inform you of Case No. SUP-03-06, a request for administrative approval of a
Special Use Permit to allow casino bus drop-off and pick-up on Commercial-One (C-1)
zoned property located at 12100 W. 44`b Avenue.
Pursuant to Ordinance No. 1291, an administrative special use review can be granted by
the Community Development Director without need for a public hearing. Prior to the
rendering of a decision, all adjacent property owners are required to be notified of the
request by certified mail.
If you have any questions, please contact the Planning Division at 303-235-2846 or if you
would like to submit comments concerning this request, please do so in writing by 5:00
p.m. on October 13, 2003.
Thank you.
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:3737 Broadway St Boulder Co 80304
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:24601 Center Ridge Rd #300 Westlake Oh 44
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City of Wheat Rdge MEMORANDUM
-Department of Public Works
TO: Meredith Reckert, Senior Planner
FROM: Steve Nguyen, Engineering Manager
CC: Tim Paranto, Director of Public Works
Dave Brossman, Development Review Engineer
DATE: Wednesday, October 08, 2003
SUBJECT: Case No. SUP-03-06, Casino Transit at Quality Inn at 12100 West 44' Avenue,
Transfer of ownership
Public Works has reviewed the above request and has no comment at this time. We have assessed
field conditions in the area of bus operation and completed the accident study before and after the
approved use. I understand that the City approved this use in October 2000.
The field conditions indicate that there is no infrastructure deficiency in the right of way as a result of
the bus operation and its route. In addition, there is no indication of increase in accident frequency
since the approval of such use. The Public Works has no concern of the continuing use or the transfer
of ownership provided that there are no changes in the ridership and its related route. Please see me if
you have questions regarding this memo.
City of Wheat Ridge of wHEgr
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Community Development Department _
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Memorandum ~~C pR AO~
TO:
Steve Nguyen
FROM:
Weredith Reckert
SUBJECT:
Case No. SUP-03-06
DATE:
September 22, 2003
Case No. SUP-03-06 is a request for a transfer of ownership for the bus casino transit special use
permit at the Quality Inn at 12100 West 44`h Avenue. The applicant has indicated that no changes
are proposed to operation or ridership. Attached is a letter of explanation, site plan, bus schedule,
and survey information on sample ridership and original conditions of approval.
This application is following our new processing procedure for special uses in that adjacent owners
are notified and the property is posted for ten days. If no legitimate objections are received, the
special use permit can be approved administratively. The ten-day period starts tomorrow.
Please let me know if you need anything else.
~ WHE4T
LAND USE.-CASE PROCESSING APPLICATION
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Community Development Department
7500 West 29t1i Avenue, Wheat Ridge, CO 80033
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Phone (303) 235-2846
t 0 R A
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(Please print or type all information)
Applicant bc'J 'f ocot./
Address , 00 Phone3o3-V)_a'4('0
City iNl'k~ ~t ~
State 64> Zip KOO -n Fax3a3 `'16~-o 1`1 ~
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Address \35~ 5\ ~UIT~uv!;_O Phone_0'3 -O'}
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State 40.6. Zip Z 1~~6 Fax~L~3CG~5 1ZC9
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, and will receive a copy
of the staff report prior to Public Hearing.)
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Location of request (address): Q-N U W -J '-A ri iik, W (1p'~Y R t~ 6X03 3
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application subminal requirements on reverse side
❑ Change of zone or zone conditions `Special Use Permit
❑ Consolidation Plat
❑ Subdivision: Minor (5 lots or less)
❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots)
❑ Lot Line Adjustment
❑ Right of Way Vacation
❑ Planned Building Group
❑ Temporary Use, Building, Sign
❑ Site Development Plan approval ❑ Variance/Waiver (from Section )
❑ Other:
Detailed description of request:
Required information:
Assessors Parcel Number:
~g
Size of Lot (acres or square footage):
Current Zoning: Gnwt r- dLGI ✓kL- ON-Z Proposed Zoning: !U 0 6 ro 6 t~
Current Use: W(m 'r-5 T-A
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"J(ZAW- Proposed Use: fV G Ihhv s6 IBC
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FN p}~rrya- r2o JJUr-az V Vt t y 7
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing this application,
I am acting with the knowledge and consent of those persons listed above,
without whose consent the reques
ted action cannot lawfully be accomplished. Applicants other than owners
must subm (,pmWPr-of-attomey
ner which approved of this action on his behalf.
gP
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Case No.:
App: Last Name:
App: First N ame:
Owne r: Last Name:
Owner: First Nam e:
App Addre ss:
City, State Z ip:
App: Pho ne:
Owner Address:
City/St ate/Zip:
Owner Phone:
Project Address:
Street Name :
City/State, Zip:
Case Disposition:
Project Planner:
File Lo cation:
Not es:
Follow- Up:
UP0306
Quarter Section Map N
oon, Moon & Bong
Related Cases:
/o John Hayes
Case Histor y:
_,ame _.-.r
72100 W. 44th Ave.
Review Body:
heat Ridge, CO 80033
303-467-2400
APN:
me
a
2nd Revie w Body:
~
-
r-
I
2nd Review Date
ame
Decision-making Body
12100
Appro val/Denial Date:
est 44th Avenue
_ heat Ridge, CO 80033....
Re so/Ordinance No.:
Reckert
ctive
o.: EE20
c3G7/.'~.•' oa--G/..
UP to allow drive-through
casino buses -
dm.
39-201-09.001
dm. -
Conditions of Approval:
District:
Date Rec eived: 9122/2003_
Pre-App Date: F_
i. TS. i rl-y F'? i~ -
" u
FT N-
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303/ 235 -2846 Fax: 303/235 -2857
The City of
Wheat Ridge
September 19, 2003
John E. Hayes
Attorney at Law
Suite 450, The Market Center
1350 17` Street
Denver, CO 80202 -1576
RE: Quality Inn pre - application meeting on September 18, 2003
Dear Mr. Hayes:
The following is a summary of the pre - application meeting for a Special Use Permit application for
casino bus service at the Quality Inn.
Attending Applicants: John Hayes, Bart MacGillivray, Moon Yoon, Bong Yoon
Attending Owners: Moon Yoon, Bong Yoon Attending Staff: Michael Pesicka
Address or Specific Site Location: 12100 W. 44` Avenue (Quality Inn)
Existing Zoning: Commercial -One (C -1)
Existing Comprehensive Plan: Community Commercial Center (CC)
Applicant/Owner Preliminary Proposal: Continuation of a special use permit for operation of
casino bus drop -off and pick -up at the Quality Inn property. No changes in service, number of
buses, hours of operation or frequency of bus trips is anticipated. Customers park their cars on the
Quality Inn site and are picked up and dropped off by regularly scheduled buses traveling between
the Quality Inn site and the municipalities of Black Hawk and Central City. The buses are operated
by People's Choice. The buses run on a regular hourly schedule. Parking of private vehicles is
limited to specific areas of the Quality Inn parking lot, and all pick -ups and drop -offs are likewise
confined to specific areas of the parking lot.
A neighborhood meeting will not be required prior to submittal of an application.
Planning Comments: The request will require a special use permit. The previous permit was
granted with the understanding that the permit would expire once ownership changed hands. Staff
has already received the application for a special use permit, which Staff will begin processing on
Monday, September 22, 2003. The property must be posted for a minimum of 10 consecutive days.
If no written complaints are received regarding the request within the 10 day period, the application
can be reviewed administratively. If a written complaint is received by the Community
Development Department, then the request for special use permit will be decided upon by City
Council at a public hearing. The city council can approve, approve with conditions, or deny your
request for a special use permit. City Council is the final decision making body for this process.
Once the 10 day period has expired, the application will be referred to the proper outside agencies
for review. A 15 day time period for review is given for these agencies to respond with any
corrections or revisions to the application. Once review of the application is complete, then the
authority for approval, approval with conditions or denial lies with the Community Development
Director. If the Community Development Director denies you approval, the case may be appealed
to City Council.
Public Works Comments: Public Works will review the current accident report for the area, along
with a traffic count to determine if either study will require new conditions to the special use
permit.
Contact Information
Meredith Reckert — Senior Planner 303- 235 -2848
Michael Pesicka — Planner 303 - 235 -2845
Community Development Department 303 - 235 -2846
Sincerel ,-
Michael Pesicka
Planner, Community Development Department
Project Submittal - Internal Checklist Introduced at Micro Dev on 9 D3
Priority "L N &S &S
❑ 1. Will a neighborhood me tin r be required? AJD
❑ 2. What will the process b . Admin, C or CC (circle all that apply)
A. Outline Plan (conceptual - zoning only)
B. Final Development Plan
C. Combined Outline & Final Development Plan (full site plan)
D. Rezoning
E. Minor Subdivision (with or without dedication) (circle one)
F. Major Subdivision (with or without dedication) (circle one)
G. Consolidation Plat
H. Supplemental Variance- describe:
I. Special Use Permit
J. Lot Line Adjustment
❑
3.
Will drainage study be required?
❑
4.
When? At time of submittal, public hearing or building permit? (circle one)
Will a traffic impact analysis be required?
❑
13.
When? At time of submittal, public hearing or building permit? (circle one)
❑
5.
Will any right -of -way be required for dedication?
❑
How much? (_ feet) Where?
❑
6.
7.
Will this property need to be platted or re- platted?
❑/
15.
Will any easements be required?
16.
For streetscape, cross access, utility, or drainage (circle all that apply)
❑
8.
Where?
Will full engineered documents (construction drawings) be required?
❑
When? At time of submittal, public hearing or building permit? (circle one)
9.
Will public improvements need to be constructed (or escrow taken in lieu ?)
List improvements and locations:
❑
10.
Will streetscape improvements be required?
❑
11.
To what extent?
❑
12.
Will any street lights be required?
Is
the property located within a floodplain area?
❑
13.
Will a soils test be required?
❑
14.
When? At time of submittal, public hearing or building permit? (circle one)
a
Will grading and erosion control plan be required?
❑
When? At time of submittal, public hearing or building permit? (circle one)
❑/
15.
Will a subdivision improvement agreement be required?
16.
Does this fall under the street width designation?
(�
17.
Will the project need to be referred to CDOT?
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City of Wheat Ridge
Community Development Department
Memorandum
TO: Alan White Michael Pesicka
Meredith Reckert Dave Brossman
Darin Morgan Dave Menter
Mary Austin Steve Nguyen
Travis Crane
FROM: Kathy Field
SUBJECT: 9/18 Pre-App Meeting
DATE: September 10, 2003
One pre-app is scheduled for Thursday, September 18, 2003 at 2:30 p.m. The applicant is John
Hays, attorney for Bart McGillivray, former owner of Quality Inn located at 12100 W. 44`h Ave
Please see the attached request and site plan.
HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C.
Attorneys at Law
Suite 450, The Market Center
1350 Seventeenth Street
Denver, Colorado 80202-1576
Telephone: (303) 825-6444
Facsimile: (303) 825-1269
E-mail: jehayes@hphclaw.com
John E. Hayes
Herbert C. Phillips
Corey Y. Hoffinann
Kendra L. Carberry
September 8, 2003
Meredith Reckert, Senior Planner
Department of Community Development
City of Wheat Ridge
7500 W. 29`s Ave.
Wheat Ridge, CO 80033
Re: Quality Inn Special Use Permit
Dear Meredith:
Kristy M. Hartl
Hilary Mogue Graham
As you know, this firm represents Bart McGillivray, former owner, and Bong Ok Yoon
and Moon Hwan Yoon, current owners, of the Quality Inn at 12100 W. 44`s Avenue in Wheat
Ridge. Mr. McGillivray was issued a Special Use Permit for a casino bus drop-off and pick-up
at the Quality Inn property by Ordinance No. 1209, Series 2000 adopted by the Wheat Ridge
City Council on October 9, 2000. Enclosed with this letter is the Land Use Case Processing
Application executed by the Yoons to have that prior approval continued under their property
ownership.
For purposes of compliance with the information requirements the City has established
for purposes of its pre-application meeting (which is scheduled for Thursday, September 18,
2003 at 2:30 p.m.), the Yoons wold ask that you refer to the information contained in the file the
City compiled in connection with Mr. McGillivray's previous application, specifically including
the "to scale" site plan for the property. In the event you don not continue to maintain that file, I
enclose a "Site Plan" that was previously marked with the designation "Exhibit B." There has
been no change in the property configuration since that previous information was submitted to
and acted up by the City. The written narrative of the proposed project follows.
The purpose of the original Special Use permit was to allow for use of the Quality but
property as a casino bus drop-off and pick-up point. Customers park their cars on the Quality
Inn site and are picked up and dropped off by regularly scheduled busses traveling between the
918103
IW7SERVERISYSII USERSIMCGILLIYRAnWR APP LOLDOC
September 8, 2003
Page 2
Quality Inn site and the municipalities of Black Hawk and Central City. The busses are operated
by People's Choice. The busses run on a regular hourly schedule. Parking of private vehicles is
limited to specific areas of the Quality Inn parking lot, and all pick-ups and drop-offs are
likewise confined to specific areas of the parking lot.
The original Special Use Permit was limited by its terms to the period during which the
property was under the ownership of Bart McGillivray. Mr. McGillivray has sold the property,
effective August 19, 2003, to Mr. and Mrs. Yoon (see attached executed Warranty Deed [the
original recorded deed has not been returned to Mr. McGillivray as of this time]), who desire to
continue the current pick-up and drop-off operation without modification. They anticipate no
increase in traffic or number of users of the service as a result of their acquisition of the property.
Mr. and Mrs. Yoon understand, agree to and are willing to abide by the conditions imposed by
the City Council in Ordinance 1209, Series 2000 (copy attached).
Enclosed with this application is check No. 6584 drawn on the account of Bart Mac
Corporation dba Quality Inn at Tabor Lake payable to the City of Wheat Ridge in the amount of
$1,100.00, which is the amount the applicants understand to be the total fee due for this
application.
Please advise me if there is anything that is required for this application that is not
included within this submission. We look forward to meeting with you and other staff, as you
deem necessary, on Thursday September 18, 2003 at 2:30 p.m. in your office at the Wheat Ridge
City Hall.
Very truly yours,
John E. Hayes
Encl.
xc. Bart McGillivray
918103
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Wheat Ridge, Colorado 80215 Wheat
Telephone 303/235-2846
FAX 303/235-2857
October 26, 2000
Bart MacGillivray
Bart Mac Corp dba Quality Inn
3737 Broadway
Boulder, CO 80304
Dear Mr. MacGillivray'
Ridge
At its meeting of October 9, 2000, the City Council approved your request for a Special Use Permit to
allow casino bus drop-off and pick-up on Commercial-One zoned property located at 12100 West 441"
Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado, with the following conditions:
1. That the special use permit be issued to Bart MacGillivray.
2. That no casino bus parking be allowed on adjacent public streets.
3. That the idling of buses be subject to the City of Wheat Ridge nuisance regulations
(Section 15-26; Offensive Discharges) with the idling of diesel engines limited to a
maximum of 15 consecutive minutes.
4. That a maximum of approximately one casino bus per hour be allowed in and out of
the hotel.
5. That the casino bus loading/parking space be marked or signed.
Enclosed is a copy of the ordinance and minutes stating the Council's decision which will become
effective 15 days after final publication. Also, enclosed is your Special Use Permit valid until the
property is sold.
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
Kathy Field
Senior Secretary
Attachments: Copy of Ordinance
Draft of Minutes
Special Use Permit
cc: SUP-00-01 (case file)
INTRODUCED BY COUNCIL MEMBER Hanley
Council Bill No. 28
Ordinance No. 1209
Series of 2000
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF
A SPECIAL USE PERMIT TO ALLOW CASINO BUS
DROP-OFF AND PICK-UP ON COMMERCIAL-ONE
ZONED PROPERTY LOCATED AT 12100 WEST 44TH
AVENUE, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Upon application by Bart MacGillivray for BartMac Corp. for approval of a
special use permit in Wheat Ridge, Colorado, Case No. SUP-00-01 and based on
recommendation for approval from the Wheat Ridge Planning Commission and pursuant to
findings made based on testimony and evidence presented at public hearing before the Wheat
Ridge City Council, Wheat Ridge maps are hereby amended to designate a Special Use Permit
on the following described land:
LOTS 1 THROUGH 4 INCLUSIVE, SHUMWAY RESUBDIVISION, CITY OF
WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO.
Section 2. Conditions.
1. The special use permit be issued to Bart MacGillivray.
2. No casino bus parking be allowed on adjacent public streets
3. The idling of buses be subject to the City of Wheat Ridge nuisance regulations
(Section 15-26; Offensive Discharges) with the idling of diesel engines limited to
a maximum of 15 consecutive minutes.
4. A maximum of approximately one casino bus per hour be allowed in and out of
the hotel.
5. The casino bus loading/parking space be marked or signed.
Section 3. Vested Property Rights. Approval of this special use permit does not create a
vested property right. Vested property rights may only arise and accrue pursuant to the
provisions of Section 26(G)of the Code of Laws of the City of Wheat Ridge.
Section 4. Safety Clause. The City Council hereby finds, determines, and declares that
this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it
is promulgated for the health, safety, and welfare of the public and that this ordinance is
necessary for the preservation of health and safety and for the protection of public convenience
and welfare. The City Council further determines that the ordinance bears a rational relation to
the proper legislative object sought to be attained.
Section 5. Severability. If any clause, sentence, paragraph, or part of this Zoning Code
or the application thereof to any person or circumstances shall for any reason be adjusted by a
court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 6. Supersession Clause. If any provision, requirement or standard established by
this Ordinance is found to conflict with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date
of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede
and prevail.
Section 7. This ordinance shall take effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _7 to _L
on this 28thday of August 2000, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set
for October 9 2000, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado. "
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of 5 to 4 'this 9th day of October '2000.
SIGNED by the Mayor on this 10ttday q; October 2000.
CER
ATTEST: , J,
Wanda Sang, City Cler c
APPROVE AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1st Publication: September 1, 2000
2nd Publication: October 13, 2000
Wheat Ridge Transcript
Effective Date: October 28, 2000
e:\pl an ning\fams\ord. frm
CITY COUNCIL MINUTES: October 9, 2000 Page - 2 -
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. Council Bill 28 - An Ordinance providing for the approval of a Special Use Permit
to allow casino bus drop-off and pick-up on Commercial-One zoned property
located at 12100 West 44" Avenue, City of Wheat Ridge, County of Jefferson,
State of Colorado.
(Case No. SUP-00-01) (Bart MacGillivray)
Council Bill 28 was introduced on second reading by Mr. Hanley, who also read the title and
summary; Clerk assigned Ordinance No. 1209.
Applicant Bart MacGillivray, was sworn in by the Mayor; stated they have never had an issue
with not enough parking spaces.
Alan White, Planning Director, was sworn in by the Mayor and presented the staff report.
Brad Shefrin, attorney for bus company, answered questions.
Motion by Mr. Hanley to approve Council Bill 28 (Ordinance 1209), a request for approval of a
Special Use Permit to allow Casino bus pick-up and drop-off on C-1 zoned property located at
12100 West 44th Avenue, for the following reasons:
1. The casino bus operation is providing a benefit to the general public by reducing the
number of vehicles traveling to and from Central City and Black Hawk.
2. The bus operation has not created a significant number of accidents on adjacent public
streets.
With the following conditions:
1. That the special use permit be issued to Bart MacGillivray,
2. That no casino bus parking be allowed on adjacent public streets.
3. That the idling of buses be subject to the City of Wheat Ridge nuisance regulations
(Section 15-26; Offensive Discharges) with the idling of diesel engines limited to a maximum of
15 consecutive minutes.
4. That a maximum of approximately one casino bus per hour be allowed in and out of the
hotel.
5. That the casino bus loading/parking space be marked or signed;
seconded by Mr. Mancinelli; tied 4-4 with Councilmembers Shaver, Figlus, Hanley, and
Mancinelli voting yes. Mayor broke the tie by voting yes. Motion carried 5-4.
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