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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 CITY COUNCIL MINUc M , January 12, 1998 Page -3- 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 CITY COUNCIL MINUc S January 12, 1998 Page -5- 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 CITY COUNCIL MINU~ S January 12, 1998 Page -6- 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 J ('~ -- Don Eafanti, C:--~~ c/ (~~L counc~'r~~dent