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HomeMy WebLinkAbout07/27/1998 July 27. 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 700 P m Councilmembers present: Teri Dalbec, Jerry DiTullio, Lloyd Donnelly, Don Eafanti, Ralph Mancinelli Janelle Shaver, Ken Siler, and Claudia Worth Also present: Deputy City Clerk, Christa Jones, City Manager, Robert Middaugh, City Attorney, Gerald Dahl, Director of Planning, Alan White, Director of Public Works, Bob Goebel Director of Parks and Recreation, Gary Wardle staff; and interested citizens APPROVAL OF MINUTES Motion by Mr Eafanti for the approval of the Minutes of the July 13,1998 Regular Meeting, sec;;onded by Mr Donnelly; carried 8-0 Motion by Mr Eafanti for the approval of the Minutes of the July 14, 1998 Special Meeting seconded by Mr Mancinelli, carried 8-0 Motion by Mr Eafanti for the approval of the Minutes of the July 20, 1998 Liquor Authority Meeting, seconded by Mr Mancinelli, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny administered the Oath of Office for newly appointed Personnel Commissioner, Teri Carver CITIZENS' RIGHTS TO SPEAK Mike Emarine, 3030 Chase Street, representing Wheat Ridge United Neighborhoods, read a letter into record regarding staff comments on the Comprehensive Plan Richard Sheehan, 5723 S Everett Way, Littleton, CO, introduced himself and stated that he is r.unning for County Commissioner and asked for Council Support. Sam Trujillo, 4680 Miller Street, was present and asked to be appointed to the Wheat Ridge Liquor Authority Mr DiTullio asked to add two Agenda Items, the Bid Award for Tennis and Basketball resurfacing (98-34) for Panarama Park as Agenda Item 9 F and the Bid Award for Ward Ct. and 34th PI Improvements ( RFB 98-10) as 9 G seconded by Mr Siler; carried 8-0 WHEAT RIDGE CITY cr \lCIL MINUTES JULY 27,1998 PAGE -2- Motion by Mr Donnelly to reconsider Council Approval of Council Bill 23, An Ordinance vacating the Right of Way on 50th Avenue adjacent to 11001 and 11201 W 1-70 Frontage Road North and to add this Item to the Agenda as number 5. A., seconded by Mr Siler; carried 5-4 Mayor broke the tie by voting yes with Mrs Shaver, Mr DiTullio Mrs Worth and Mrs Dalbec voting no Motion by Mr Donnelly to reconsider the Approval of an Amended Building Plan Case PBG 98-01 Medved Auto Plex and add the Item to the Agenda as number 5. B. seconded by Mr Mancinelli. Mrs Dalbec wanted to review her packet from the past meeting on the issue and asked Mr Donnelly to postpone the vote, Mr Donnelly declined Motion carried 5-4, Mayor broke the tie by voting yes, with Mrs Shaver, Mr DiTullio, Mrs Worth and Mrs. Dalbec voting no PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Approval of a four-lot minor subdivision on property zoned R-2 and R-3 located at 3195 Saulsbury Street and 3190 Teller Street. (Case No MS-98-3) (Alec Garbini) Item 1 was introduced by Mr DiTullio Applicant, Alec Garbini, 1546 Cole Blvd, was sworn in and presented his case Meredith Rechert, was sworn in and presented staff report and entered into record the Zoning Ordinance, Subdivision Regulations, Case File, Packet Materials and Exhibits The following citizens were sworn in by the Mayor and expressed concerns regarding drainage, traffic, parking and stated that this was a different plan than the plan submitted to the Planning Commission Tom Slattery, Margaret Perry, Catherine Dunlap, Diane Simmons and JoAnn Howard. Ralph Hinst, 3120 Saulsbury, was sworn in by the Mayor and stated that this is a wonderful improvement to the property Alice Hinst, was sworn in and stated that she hopes that the stone house will be preserved Bob Goebel was sworn in by the Mayor and addressed the drainage questions Mr Dahl stated that the mailed notice of this meeting was defective by not being sent to the required notice area. WHEAT RIDGE CITY C' NCIL MINUTES JULY 27,1998 PAGE -3- Motion by Mr DiTullio that Case No MS-98-3, a request for approval of a four lot minor subdivision on property zoned R-2 and R-3 located at 3195 Saulsbury Street and 3190 Teller Street be renoticed and posted for a new Public Hearing on August 24, 1998, seconded by Mr Siler' carried 8-0 Item 2. Council Bill 26 - An Ordinance designating the Joy Williams Barn, located at 11460 West 44th Avenue, as an Historic Landmark in the City of Wheat Ridge (Case No WHL-98-01) (Joy Williams) Council Bill 26 was introduced on second reading by Mrs Worth, title and summary read by the Clerk, Ordinance No 1127 assigned Alan White presented the staff report, history of the structure and the historic landmark criteria The Zoning Ordinance, Case File, Packet Materials and Exhibits were entered into record Motion by Mrs Worth that Case No WHL-98-1, a request for approval of designation of a local historical landmark for a barn located at 11460 West 44th Avenue, be approved for the following reasons 1 The barn is located on property that was once owned by James Baugh, an early gold settler, who has local historical significance 2 The barn, which has not had any major additions or alteration, emulates barn construction of the late 1880's 3 The structure has been preserved in a condition that would not warrant the need for major renovation to preserve the historic construction 4 The Wheat Ridge Historical Society Board of Directors recommends approval of this request; seconded by Mr DiTullio Motion by Mr Siler for an amendment to the Motion that no city funds or manpower will be used on this local historical landmark as long as it is private property; seconded by Mr Mancinelli Mrs Worth asked for a friendly Amendment to Mr Silers Amendment which continues stating until some time in the future that the City would set up a grant program for restoration of buildings in the City of Wheat Ridge, Mr Siler accepted the friendly Amendment. Amendment to the Motion carried 7-1 with Mrs Shaver voting no Original Motion carried 8-0 Item 3. Council Bill 27 - An Ordinance amending the Wheat Ridge Code of Laws to provide for collection of delinquent charges, assessments or taxes Council Bill 27 was introduced on second reading by Mr Siler; title and summary read by the Clerk, Ordinance No 1128 assigned Motion by Mr Siler for the adoption of Council Bill 27 (Ordinance 1128), seconded by Mr Mancinelli, carried 8-0 WHEAT RIDGE CITY cr "NCll MINUTES JULY 27,1998 PAGE -4- Item 4. Approval of a Planned Industrial Development combined preliminary and final development plan and plat for the purpose of developing an industrial park located at approximately 13500 West 44th Avenue (Case No WZ -98-1) (Hartley) (To be continued to August 10,1998) Motion by Mrs Dalbec to continue the public hearing for Case No WZ-98-11 to the next regular Council meeting of August 10 1998 seconded by Mr Eafanti, carried 8-0 Item 5. Approval of a minor subdivision of an R-3 zoned property into 2 lots located at 10911 West 44th Place (Case No MS-98-02) (Holstein) (To be continued to August 10,1998) Motion by Mrs Dalbec to continue the public hearing for Case No MS-98-02 to the next regular Council meeting of August 10, 1998, seconded by Mr DiTullio, carried 8-0 Item 5A. Reconsideration of Council Bill 23, Ordinance 1126, - An Ordinance vacating a portion of West 50th Avenue within the City of Wheat Ridge County of Jefferson State of Colorado (Case No VN-98-02) Medved Autoplex. Motion by Mr Donnelly that Council Bill 23 (Ordinance 1126) be amended to reflect a 10 foot Right Of Way vacation on the southerly edge of 50th Avenue and adjacent to property at 11201 West 1-70 Frontage Road North seconded by Mr Mancinelli Victor 800g, Attorney for Robb Street Ventures, Inc. at 5000 Robb Street, stated that the property owner has procedure concerns regarding the action of this Council Bill by vacating 40 feet on July 13, 1998 without notice to the public Mr Boog stated that the property owner considered and recommends a 10 foot Right of Way Richard Todd, Owner of Robb Street Ventures, Inc. 5000 Robb Street, stated that he started construction on the street in October of 1996 with Plat approval in October of 1994 Dennis Polk, representing Mr Medved, stated that he wants to proceed and go forward and suggested to vacate 10 feet and have the City reserve the 30 feet. Sparky Shriver, 6503 Simms St., Arvada Fire Dept./Fire Marshall, addressed the Fire Departments access to Mr Todd's Property WI:fEAT RIDGE CITY C NCIL MINUTES JULY 27,1998 PAGE -5- Frank Wehling, 5006 Partet, stated that the Right of Way Vacation notice, which was posted for the July 13, 1998 meeting, did not mention 15 feet or 40 feet Mr Wehling gave numerous reasons why 50th Ave should not be built Chuck Stiesmeyer, 4996 Partet, stated that the public should have more advance notice and input on the issues of this property John Medved, owner of Medved Autoplex, doesn't want to build 50th Ave (road that goes no where) and stated that for a compromise to Mr Todd he would be willing to build a Cui de Sac Mr Medved took offense to the statement" it's his nickel that was made at the prior meeting and that he does not want to do this because of the money" Mr Medved stated that he has made numerous improvements without the City prodding, and begged Council to let sanity persevere Mr Donnelly restated the Motion Mr Siler declared to Council and City Attorney that he knows Mr Todd and doesn't feel it's a conflict of interest and he will vote on this matter He stressed that this is just a reconsideration Mr Middaugh stated that space is limited for the Cui de sac (40 feet is one-half of a Cui de sac) and if Mr Medved would consider giving 90 feet, the City could build a Cui de sac at his expense Mr Siler declared to Council that Mr Todd is a client of somebody who works on a part time basis out of his office Mr Todd is not Mr Siler's client, but he does receive compensation less than $ 75 00 per year from Mr Todd's account Motion by Mr DiTullio that there is a conflict of interest with Mr Siler on this Agenda Item and as a consequence Mr Siler will not be allowed to vote under Charter Section 3 14 seconded by Mrs Worth, failed 5-3 with Mrs Shaver, Mr DiTullio and Mrs Worth voting yes Motion by Mrs Worth to postpone the vacation from 40 feet to 10 feet until Mr Medved, Mr Todd, the Arvada Fire Department and staff can come back to Council with a reasonable solution to the problem, seconded by Mr DiTullio After further discussion, Mr DiTullio withdrew his second Mr Siler asked Mrs Worth for a friendly Amendment that this in no way detracts from Mr Medved's ability to start planning for the rest of the development, it just affects the vacation and the area in the vicinity of 50th Avenue and that a date certain be set to be brought back to City Council as August 24 1998 Mrs Worth's Motion seconded by Mrs Dalbec, failed 6-2 with Mrs Worth and Mrs Dalbec voting yes WHEAT RIDGE CITY C NCIL MINUTES JULY 27,1998 PAGE -6- Motion by Mr Siler for an Amendment to the original Motion to bring back to August 24, 1998 a Resolution as to the 50th Ave or 50th St a entrance in from Oak Street for Resolution as to how this is going to be completed in regards to this project Motion by Mr DiTullio for a friendly amendment to Mr Donnelly's original Motion to vacate 10 feet upon the condition that a parallel amendment be made to the PBG file to provide for the immediate construction of a Cui de sac instead of the through street with building the Cui de sac before a CO can be issued Mr Donnelly accepted the friendly amendment Motion by Mrs Dalbec for a friendly amendment to Mr Donnelly's original Motion that this should only be built clear through if the residential properties to the east on Parfet or per the Charter agree Mr Donnelly accepted the friendly amendment Restated Motion by Mr Donnelly that Council Bill 23(Ordinance 1126) be amended to reflect a 10 foot Right Of Way vacation on the southerly edge of 50th Avenue road right of way and adjacent to property at 11201 West 1-70 Frontage Road North, conditioned upon a parallel amendment to PBG (Case No 98-01) to provide for 1) the immediate construction of a Cui de sac instead of a through street 2) construction of the Cui de sac before a Certificate of Occupancy can be issued for the first building, and 3) the through street is only to be built if the residential properties to the east on Parfet are developed for Industrial or Commercial between the Frontage Road and Ridge Road Motion by Mrs Worth for an Amendment to the Motion that the road be constructed according to the Charter Mr Dahl stated that this issue is in the PBG paperwork. Motion by Mr Mancinelli to divide the question Motion failed due to lack of second Restated Motion carried 8-0 Motion by Mr Donnelly that Council Bill 23 (Ordinance 1126) be approved, as amended, to provide for approval of a 10 foot right of way vacation for West 50th Avenue abutting the rear property located at 11201 West 1-70 Frontage Road North be approved for the following reasons 1) The designation for West 50th Ave be changed from an arterial to an collector 2) A half width section of 30 foot is adequate for a collector status 3) The criteria used to evaluate a vacation supports approval of their request with the following conditions, a) A utility and slope easement be reserved over the entire 10 feet and an affidavit of amendment be recorded removing the plat note per Section II of the staff report of this case, seconded by Mr Siler Motion_by Mrs Worth for an Amendment to the Motion that Charter requirements under 5.20 be followed, seconded by Mr DiTullio, carried 8-0 Motion by Mrs Worth for an amendment to the Motion that designation of 30 feet be taken out; died for lack of second WHEAT RIDGE CITY cr \JCIL MINUTES JULY 27,1998 PAGE -7- Original Motion as amended carried 7-1 with Mr DiTullio voting no Motion by Mrs Dalbec to suspend the rules and finish Agenda Item 5 8 Approval of the Expenditure Items, the Consent Agenda except Item A, adjourn to the Executive Session and then adjourn after that. The rest of the Agenda Items will be added to the August 10, 1998, Agenda, seconded by Mrs Worth Motion by Mr Siler for an amendment to the Motion to add Item 6 - Appointments to the Liquor Authority, seconded by Mr Mancinelli, carried 5-3 with Mrs Shaver, Mrs Worth and Mrs Dalbec voting no Original Motion failed 5-3 with Mrs Shaver, Mrs Worth and Mrs Dalbec voting no Need 6 yes votes to pass Motion by Mr DiTullio to suspend the rules and continue items 5 8, Consent Agenda except Item A, Item 10; and Approval of the Expenditure Items, and everything else come back August 10 1998, failed 4-4 Motion by Mrs Dalbec to do Agenda Item 58 ,Item 10 and continue all of the other items until the August 10, 1998 meeting, seconded by Mr DiTullio, carried 6-2 with Mr Siler and Mr Donnelly voting no Item 58 Case P8G - 98-01 Motion by Mr Donnelly to approve Case P8G 98-01 a request for approval of an Amendment to the existing planned building group plan for the Medved Autoplex located at 11201 West 1- 70 Frontage Road North for the following reasons 1) An Amended plan is required to achieve the proposed increased development on the property in an efficient and orderly manner 2) All requirements of the C-1 Zone District regulations have been met or exceeded 3) The plan is consistent with the adjacent zoning and land use with the following conditions. a) The lighting be shielded to minimize effects on the nearby residential properties, b) Construction or employee parking be allowed on Partet Street only during construction up to the north driveway and not adjacent to the residential properties on Partet Street, c) Any additional accesses on Partet Street to the property be located south of the existing residential properties by a distance of 30 feet. The requirements of the P8G 98-01 are the following WHEAT RIDGE CITY C \JCIL MINUTES JULY 27,1998 PAGE -8- A Cui de sac be designed and built as a condition of Certificate of Occupancy for the first building which Cui de sac satisfies the Arvada Fire District's turning radius requirements and which will be built upon the remaining 30 foot right of way and an addition thereto such additional property of the applicant as is necessary to accommodate that Cui de sac. Such additional area shall be subject to a temporary easement for the benefit of the City to enable the Cui de sac to be constructed, which easement shall extend until such time as 50th Avenue is complete through to Parfet Street. In addition, the portion of 50th Avenue immediately north of applicants property shall be constructed only when, as, and if, all those existing properties fronting on Parfet Street between the Frontage Road and Ridge Road are developed for commercial or industrial purposes Any such road construction shall be in accordance with the requirements of Charter Section 5 20 The foregoing conditions shall be conditions of the development agreement; seconded by Mrs Dalbec Mr Middaugh asked to add to the development agreement verbiage that will hold developer responsible for any road improvement costs adjacent to their property Mr Donnelly accepted Motion by Mr DiTullio for an amendment to the Motion that the applicant not be required to pay for the future road improvementsOust the Cui de sac for now), seconded by Mrs Worth, carried 8-0 Original Motion as amended carried 8-0 Item 10. Executive Session Motion by Mrs Dalbec to go to Executive Session and adjourn thereafter under Charter Section 57(B1) Executive Session was held Meeting adjourned at 1245 a.m. ~ City Clerk APPROVED BY CITY COUNCIL ON AUGUST 10 1998 BY A VOTE OF ~ TO ~ ..... / i L ""J , L . 'i... I ,",,~ Don Eafanti Council President. ---.