HomeMy WebLinkAbout01/12/1998
January 12. 1998
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W 29th Avenue, Municipal Building
The Regular City Council was called to order by Mayor Cerveny at 7 00 P m Councilmembers
present: Teri Dalbec, Jerry DiTullio Lloyd Donnelly Don Eafanti, Ralph Mancinelli, Janelle
Shaver Ken Siler, and Claudia Worth Also present: City Clerk, Wanda Sang, City Treasurer,
Ron Patera City Manager, Robert Middaugh, City Attorney, Gerald Dahl; Director of Parks &
Recreation, Gary Wardle, Director of Planning, Alan White, Chief of Police, Jack Hurst;
Director of Public Works, Bob Goebel staff; and interested citizens
APPROVAL OF MINUTES of December 22, 1997
Motion by Mr Eafanti for the approval of the Minutes of December 22,
1997; seconded by Mrs Dalbec, carried 7-0 with Mr Siler abstaining
PROCLAMATIONS AND CEREMONIES
Mayor Cerveny presented a proclamation to Nathan Odom, Eagle Scout,
for 121 merit badges earned
CITIZENS' RIGHTS TO SPEAK
There was no one present to speak
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
Request for approval of a Planned Commercial Development
Plan final development plan for property located at 6225
West 48th Avenue, Wheat Ridge
(Case No WZ-97-14) (Louis J Ficco)
Item 1 was introduced by Mr Siler, title and summary read by the
Clerk
Motion by Mrs Worth to send this back to the Planning Commission for
proper evaluation and hearing; seconded by Mrs Shaver, failed 3-5
with Councilmembers Shaver, Worth, and Dalbec voting yes
CITY COUNCIL MINU~ S
January 12, 1998
Page -2-
Louis Ficco, applicant, was sworn in by the Mayor
case and asked for approval
He presented his
Meredith Reckert was sworn in by the Mayor and presented the staff
report
Motion by Mr Siler that Case No WZ-97-14, a request for approval of
a Planned Commercial Development Plan final development plan for
property located at 6225 West 48th Avenue be approved for the
following reasons 1 All requirements for a PCD final development
plan have been met 2 All minimum design parameters established at
the outline plan phase have been met With the following condition
The applicant provide brick accents or contrasting block accents on
the southern and western building elevations; seconded by Mr Eafanti
Motion by Mrs Dalbec for an amendment that three more trees be
planted to comply with the intense buffer requirement on the north
side of the building; seconded by Mrs Worth, carried 6-2 with Mr
Donnelly and Mr Siler voting no
Motion as amended carried 8-0
Motion by Mr Siler that the request for approval of a subdivision
plat in conjunction with submittal of a final development plan for
property located at 6225 West 48th Avenue be approved for the
following reasons 1 Platting is a requirement of Section 26-
25 (V) (B) (3) of the Wheat Ridge Code of Laws 2 All requirements of
the Subdivision Regulations have been met; seconded by Mr Eafanti,
carried 8-0
Mrs Worth stated for the record that the reason she was voting for
this is based on testimony given at tonight's meeting, not on the
Planning Commission Minutes, because she feels this was an illegal
hearing as one of the Commissioners at the meeting was not a member of
the Board
Item 2.
Request for approval of a Planned Commercial combined
preliminary and final development plan for property located
at 12851 West 32nd Avenue, Wheat Ridge
(Case No WZ-97-13) (Dwaine Richter)
Item 2 was introduced by Mr Eafanti; title read by the Clerk
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January 12, 1998
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Dave Galloway, 5350 DTC Parkway, Englewood, was sworn in by the Mayor
He works for an engineering, architectural and planning firm that has
been hired by PCL to represent them and put together the drawings he
handed out tonight PCL is a company who is a Conoco gasoline marketer
and a franchise of the "breakplace" concept, which is a new concept in
stores for gasoline facilities He presented the applicant's case and
asked for approval
Kathleen Kraeger, was sworn in by the Mayor, she is a professional
traffic engineer with Kraeger & Associates She has about 20 years
experience in traffic engineering, has conducted numerous traffic
impact studies in the City of Wheat Ridge and has served as a
consultant to the City of Wheat Ridge in traffic engineering She
conducted a traffic impact study for this site and gave several
alternatives for eventually placing a traffic signal at the
intersection She compared gas station usage to some of the other
uses allowed for this zoning and concluded that the gas station usage
would result in fewer new trips than any of the other uses she cited
Meredith Reckert presented the staff report
The following speakers were sworn in by the Mayor and spoke In
opposition to Case No WZ-97-13
Flora Andrus, 4790 Easley Road, Golden, President of Fairmount
Improvement Association referred to a letter she wrote to the
Planning Commission, in which she asked that Planning Commission not
approve this case She stated that a house in the proximity to the
development would have to be listed at a lower price and have fewer
prospects; homes contiguous to this would soon become rentals and
would not be maintained as well as owner-occupied properties; traffic
will increase on 32nd Avenue
Ed Campbell, 2472 Coors Drive, Golden, President of Applewood Valley
Homeowners, expressed concern about the school children at D'Evelyn
School and the traffic
Sharon Yablon, 3020 Ellis Lane, past president of Maple Grove
Elementary School PTA, currently serves as legislative chair for the
Wheat Ridge area for Jeffco PTA, presented letters with 298 signatures
from parents of Maple Grove and D'Evelyn students, asklng to reject
Conoco's proposal She also had letters from the presidents of
Prospect Valley PTA and Kullerstrand PTA, voicing their solidarity
with Maple Grove and D'Evelyn She also showed a video of the traffic
CITY COUNCIL MINU~ S
January 12, 1998
Page -4-
Rene Diephuis, 3229 zinnia Court, showed six slides of West 32nd
Avenue, which depicts the traffic congestion He is not in favor of
another traffic signal
Harold Gosse, 14600 Foothill Road, Applewood Property Association
Board of Directors member read a letter from George and Virginia
Minick, 3105 Indiana Street, addressed to the Planning Commission, it
is in opposition to the development He avoids the intersection and
shops elsewhere because of the congestion
Brad Brauer, 3238 Zinnia Court, represents the 29 homes that are
closest to the proposed development He is in the process of moving
and sees his personal loss to be in the range of $30,000 Neighbors
ask no gas station, no fast foods, asked that Council choose in favor
of the neighborhood Crime is going to increase because of the
proximity to the freeway, Conoco will expect to sell beer
Connie Maulden, 3195 Zinnia Street, also represented some of her
neighbors on Zinnia Street; feels they will be the most affected;
their concerns also were noise, traffic, safety, property values,
crime, gas explosion Asked that Council deny this application
Bill Farrell, President of Applewood Property Owners Association, read
letters from the principal of D'Evelyn, Jefferson County and Flat
Anderson, Colorado Transportation Commissioner, District 2, concerning
traffic
Dennis Jones, 14205 Foothill Circle, is a parent of three children who
go to D'Evelyn, they walk approximately one mile to and from school;
his children are not allowed to go across the intersection, it is to
dangerous, no matter what direction you come from
Norm Ross, 3145 Zinnia Street, he will have full view of this
development and is against a gas station with a carwash and food
outlet, no need for another gas station, there are three already;
there will be no economic gain for Wheat Ridge
Speaking in favor of the development and sworn In by the Mayor, was
JB Wilson, 5565 West Jewel Avenue, Lakewood He is the president of
the Junior Class at D'Evelyn High School, and represents 99% of the
students at the school
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January 12, 1998
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The students either like the idea of having the gas station and
carwash there or they could care less; everybody uses gas, kids could
use the deli and convenience store, plans look great and high quality,
there will be less traffic at the intersection by building the gas
station on the west side; D'Evelyn is a closed campus and students are
not allowed out at lunch time He asked that Council consider the
positive aspects of this development
Mr Galloway and Mrs Kraeger gave a brief rebuttal One of the
points was that D'Evelyn is guaranteed to be closed within the next
three or four years, any development that goes in will create trafflc,
every development ever proposed for this property has been opposed by
the neighbors, this property has been zoned Commercial since 1975
Mrs Kraeger stated that an a m traffic count was taken in November
when school was in session CDOT and Jefferson County were notified
From a traffic standpoint this is a low density development
Motion by Mrs Dalbec to suspend the Rules and continue this meeting
through Agenda Item 9, seconded by Mr DiTullio, carried 8-0
Motion by Mr Eafanti that Case No WZ-97-13, a request for approval
of a Planned Commercial Development combined preliminary and final
development plan for property located at 12851 West 32nd Avenue, be
approved for the following reasons 1 It is consistent with the
underlying outline development plan 2 It exceeds the City's
standards for commercial development 3 It meets all requirements
for Planned Commercial Development final development plan; seconded by
Mr Siler
Motion by Mr DiTullio for an amendment that Diesel sales not be
allowed on this site, seconded by Mrs Worth; carried 7-1 with Mr
Mancinelli voting no
Motion by Mr DiTullio for an amendment that a drive-through window
not be allowed on Lot 3; seconded by Mrs Worth, carried 8-0
Motion by Mr DiTullio for an amendment that the hours of operation be
limited to 6 00 a m to 10 00 P m on weekdays and 6 00 a m to 10 30
P m on weekends, seconded by Mrs Worth; tied 4-4 with Councilmembers
Dalbec, Worth, Shaver, and DiTullio voting yes Mayor broke the tie
by voting no Motion failed 5-4
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January 12, 1998
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Motion by Mr Eafanti to amend that Lot 3 not be used as a staging
facility for buses gOlng to the tourism sites up I-70, seconded by Mr
Siler, carried 8-0
Motion by Mrs Worth to amend that no semi tractor and trailer trafflc
be allowed on this site other than 10 minutes at a time for deliveries
for products to be sold on the site and no overnight parking for seml
tractors or trailers be allowed on the property; seconded by Mr
Eafanti, carried 7-1 with Mr Mancinelli voting no
Motion by Mrs Dalbec to amend that the trees that are to be located
along I-70, the nine northern most trees, would be instead placed in
the buffer zone adjacent to the buffer wall, seconded by Mr DiTullio,
carried 6-2 with Mr Siler and Mr Mancinelli voting no
Motion by Mrs Shaver to amend that the trees to be planted be at
least 50% coniferous trees; seconded by Mrs Worth, carried 7-1 with
Mr Mancinelli voting no
Motion by Mrs Shaver to amend that no deliveries be permitted before
8 00 a m or after 6 00 pm, this was quoted in the outline
development plan; seconded by Mrs Worth Mr Mancinelli stated that
this was completely unacceptable because the tankers run most of the
time during the middle of the night and early hours of the morning to
stay off the highways, could be Sunday, could be Saturday, could be
Tuesday, whenever they get the order, they go, that's why you have
30,000 gallons on the premises, these tankers are huge, they make few
stops to keep the pollution down and you can't restrict their times
Mr Donnelly agreed with Mr Mancinelli, he has seen gasoline trucks
delivering late on Sunday nights and feels this is the safest time
Motion tied 4-4 with Councilmembers Shaver, DiTullio, Worth, and
Dalbec voting yes Mayor Cerveny broke the tie by voting no Motion
failed 4-5
Motion by Mrs Shaver that the equestrian/pedestrian path that is to
be built there, be actually built, not funds be put in escrow, stuff
get's planned and doesn't get built, and years and years go by and
then everybody has a different viewpoint, seconded by Mr DiTullio,
carried 7-1 with Mr Siler voting no
Original motion as amended tied 4-4 with
Eafanti, Siler and Mancinelli voting yes
by voting yes Motion carried 5-4
Councilmembers Donnelly,
Mayor Cerveny broke the tie
CITY COUNCIL MINU~-S
January l2, 1998
Page -7-
Motion by Mr Eafanti that the request for approval of a resubdivsion
plat for property located at 12851 West 32nd Avenue be approved for
the following reasons 1 It is required to accommodate the frontage
road relocation and incorporate the vacated CDOT right-of-way into the
project 2 All requirements of the Subdivision Regulations have
been met With the following conditions 1 All existing and
proposed drainage easements be shown on the plat, seconded by Mr
Siler, tied 4-4 with Councilmembers Donnelly, Eafanti, Siler, and
Mancinelli voting yes Mayor Cerveny broke the tie by voting yes
Motion carried 5-4
Item 3.
Council Bill 55 - An Ordinance amending Section 2-62(b) and
Section 19-29 @ of the Wheat Ridge Code of Laws, concerning
the Civil Service Commission
Council Bill 55 was introduced on second reading by Councilmember
DiTullio He stated that the City Attorney and City Manager have
asked that this postponed until January 26, 1998 Mr Dahl and Mr
Middaugh will meet with the Civil Service Commission this Wednesday
and report their comments and concerns and suggested changes to
Council
Motion by Mr DiTullio to postpone Council Bill 55 until January 26,
1998, seconded by Mrs Dalbec, carried 8-0
Item 4.
Council Bill 52 - An Ordinance concerning qualification for
members of the Election Commission
Council Bill 52 was introduced on second reading by Mr Donnelly;
title read by the Clerk, Ordinance No 1105 assigned
Motion by Mr Donnelly
1105), seconded by Mr
for the adoption of Council Bill 52
DiTullio; carried 8-0
(Ordinance
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 5.
Resolution 1648 - approval of 1998 Annual Budget
Resolution 1648 was introduced by Mr DiTullio
Motion by Mr DiTullio that the transfer from the General Fund to the
Computer Fund in the amount of $180,000 be retained within the budget
but implementation delayed until a study session is held on the
computer fund, seconded by Mr Siler, carried 8-0
CITY COUNCIL MINU' S
January 12, 1998
Page -8-
Motion by Mr DiTullio that the budget be amended to reduce line ltem
ll7-728 by $2,500 and that the Resolution 1648 be amended accordingly,
seconded by Mr Siler, carried 8-0
Motion by Mrs Worth that we postpone the Parks and Recreation
Recreation budget on pages 128 and 129 until a future study session to
discuss the teen budget; seconded by Mrs Shaver; failed 4-4 with
Councilmembers Dalbec, Shaver, Worth, and Eafanti voting yes
Motion by Mrs Shaver that we hold the $15,000 in Open Space fund that
is listed under line item 32-601-800-862 until such time as a
committee can look at the best use for that piece of ground (east of
the concession stand at Prospect Park); seconded by Mrs Worth;
carried 7-1 with Mr Siler voting no
Motion by Mr DiTullio for the approval of Resolution 1648 with the
three amendments that were made tonight, seconded by Mr Siler;
carried 7-1 with Mrs Worth voting no
Item 6.
Approval of contract for owners representative for
construction of Recreation Center
Item 6 was introduced by Mr Mancinelli, title read by the Clerk
John M Rossini, President of ACR Engineering, Inc , was present and
answered Councils' questions
Motion by Mr Mancinelli that the City Manager be authorized to enter
into an agreement with ACR Engineering for owners representative
services per the scope of work and the proposed fee of $55,988 and
that all costs be charged to Acct 61-602-801; seconded by Mrs Worth;
carried 7-1 with Mr DiTullio voting no
Item 7.
Approval of Expenditure Items
Motion by Mrs Worth that the attached purchases be approved in the
amounts indicated and that all costs be charged to the account shown
on the purchase order report; seconded by Mr Eafanti, carried 8-0
Item 8.
Appoint District III Planning Commissioner
Motion by Mr Eafanti that Gary Theander be appointed to fill the
District III Planning Commission vacancy, seconded by Mr Donnelly,
tied 4-4 with Councilmembers Donnelly, Eafanti, Mancinelli, and
DiTullio voting yes Mayor Cerveny broke the tie by voting yes
Motion carried 5-4
CITY COUNCIL MINU~ S
January 12, 1998
Page -9-
Item 9.
CONSENT AGENDA
A
Resolution 1649 - authorizing Jefferson County Open Space to
continue negotiations and to acquire the 7 51 acres, more or
less, of property located at 6287 West 49th Avenue
(Jaidinger Property) at the negotiated fair market purchase
price
Resolution 1650 - authorizing Jefferson County Open Space to
continue negotiations and to acquire the 7 69 acres, more or
less, of property located at 4900 Marshall Street (Wheat
Ridge Sanitation Property) at the negotiated fair market
purchase price
B Approval of payment to CIRSA for property/casualty
coverage for 1998
C Approval of payment to CIRSA for Worker's Compensation
coverage for 1998
D Approval of agreement for financial advisor services for
the Recreation Center project
E Various Membership contribution payments
Consent Agenda was introduced by Mrs
Worth, who also read the titles
Mrs Dalbec asked to remove Item 9 E
adoption of the Consent Agenda Items A
Eafanti, carried 8-0
Motion by Mrs Worth for the
through D , seconded by Mr
Motion by Mrs Worth to approve Item E , seconded by Mr Siler;
carried 8-0
Meeting adjourned at 1 20 a m
!.
: ./' ,I i
Wanda Sang,
. .. (
City-Cierk
APPROVED BY CITY COUNCIL ON JANUARY 26, 1998 BY A VOTE OF ~ TO 0
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Don Eafanti,
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counc~'r~~dent