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HomeMy WebLinkAbout08/24/1998 August 24, 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 Planning Alan White, Director of Public Works, Bob Goebel, Chief of Police, Jack Hurst; staff' and interested citizens APPROVAL OF MINUTES Motion by Mr Eafanti for the approval of the Minutes of August 10 1998, seconded by Mr Siler Mrs Worth asked that her comments regarding George Langdon be added for the record Motion carried 8-0 Motion by Mr Eafanti for the approval of the Minutes of August 17, 1998 - Liquor Authority Meeting, seconded by Mr Mancinelli; carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny administered the Oath of Office of newly appointed Liquor Authority Members, Harry Williams, Kent Davis, Frank Sanzalone, Laura Leprino, George Langdon, Judy DiCroce, and Rocco Gioso CITIZENS' RIGHTS TO SPEAK Preston Driggers, 209 Berthoud Way, Golden thanked Council on behalf of "Save the Mesas" group for the use of the City's Show Wagon Wundu Blackburn, 1708 West 17th Drive Golden, also thanked Council for the use of the Show Wagon Oclurku Hglu5, 9775 West 36th Avenue, asked that Council waive the remaining fees for the use of the Richards Hart Estate for the fund raiser for "Kids Voting" Motion by Mrs. Dalbec to waive the additional costs of using the Richards Hart Estate for "Kids Voting"; seconded by Mrs Shaver; carried 8-0 WHEAT RIDGE CITY C 'NCIL MINUTES AUGUST 24, 1( PAGE -2- Motion by Mr Siler to add an Agenda Item 4 A. regarding Brandon Herrera, who has been nominated as a scholar to the National Young Leaders Conference in Washington DC He is unable to pay and Mr Siler will ask for $1 000 to fund his trip seconded by Mr Mancinelli carried 7-1 with Mr DiTullio voting no PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. An application submitted by Bolle, Inc. for approval of an Amendment to Pacifica Development Properties II, LLC, Planned Industrial Development, 9500 W 49th Avenue (Interstate to Frontage Road North) (WZ-98-15)(Bolh~) Item 1 was introduced by Mrs Worth, title read by the Clerk. Tom Reed was sworn in by the Mayor' he is the Chief Financial Officer and Chief Operating Officer for Bolle Sun Glasses, he asked for approval of their sign Mortin Orner, Planning Department, was sworn in by the Mayor and presented the staff report. Motion by Mrs Worth - Amendment to PID - that Case No WZ-98-15, Amendment to the Final Development Plan for Pacifica Development Properties II, LLC , Planed Industrial Development, for the erection of one additional freestanding freeway oriented sign, internally lit, with a maximum height of 45 feet and a maximum sign face square footage of 137 feet per sign face, for property located at 9500 West 49th Avenue, be approved for the following reasons 1 Approval of the amendment, along with the Recommended Conditions of Approval, is not expected to cause a substantial negative impact to City services or residents 2. Approval of the amendment will not change the overall nature, intent or character of the approved PID or the Final Development Plan 3 The City, the property owner, and the applicant will benefit from the approval of this case which approval is expected to result in the retention of this user at this location with related employment and economic benefits to the City Approval of the amendment is subject to the following conditions 1 Per the Public Works Department, sign placement shall meet the sight distance triangle requirements as specified in the City Code 2 Per the Police Department, the solid base of the sign shall be finished with an anti-graffiti sealant. 3 Should the applicant for this case, being Bolle Sunglasses, vacate their administrative office and/or any future retail operation occurring on this site, the subject sign and associated poles or supports will be completely removed from the premises, seconded by Mr Siler Mrs Dalbec asked for a friendly amendment to have a maximum sign face square footage of 150 feet per sign face, Mrs Worth accepted Motion by Mrs Dalbec for an amendment to remove Condition #3, seconded by Mrs Shaver; Motion by Mr DiTullio to call for the question, carried 6-2 with Mr Eafanti and Mr Mancinelli voting no WHEAT RIDGE CITY (' 'NCIL MINUTES AUGUST 24, 1 ( PAGE -3- Vote on Amendment to remove condition #3, failed 5-3 with Mrs Dalbec, Mrs Shaver and Mr Eafanti voting yes Original Motion carried 7-1 with Mr DiTullio voting no Motion by Mrs. Worth that Case No WZ-98-15, a setback variance of 23 feet from the 30 foot minimum requirement for the erection of a freestanding freeway oriented sign seven feet from the property line, for property located at 9500 West 49th Avenue, be approved for the following reasons 1 Approval of the variance along with the Recommended Conditions of Approval, is not expected to cause a substantial negative impact to City services or residents 2 Approval of the variance will not change the overall nature, intent or character of the approved PID or the Final Development Plan 3 A hardship exists to the property associated with this case, being that significant physical constraints limit the visual access of this site compared to other similarly situated and zoned development projects along the highway corridor Approval of the variance is subject to the following conditions 1 Per the Public Works Department, sign placement shall meet the sight distance triangle requirements as specified in the City Code 2. per the Police Department, the solid base of the sign shall be finished with an anti-graffiti sealant. 3 Should the applicant for this case, being Bolle Sunglasses, vacate their administrative office and/or any future retail operation occurring on this site, the subject sign and associated poles or supports will be completely removed from the premises, seconded by Mr Eafanti; carried 7-1 with Mr DiTullio voting no Item 2. Approval of a four lot minor subdivision on property zoned R-2 and R-3 located at 3195 Saulsbury Street and 3190 Teller Street. (MS-98-03)(Saulsbury Properties) Mr Mancinelli stated that he and Mr Donnelly met and reviewed this Agenda Item, and declared no bias regarding this Item, as did Mr Donnelly Item 2 was introduced by Mr DiTullio, who also read the title Mrs Worth stated that this Item is Quasi-Judicial and discussion should not be going on prior to a Public Hearing Mr Dahl answered Mrs Worth and stated this type of meeting is not encouraged and Case Law states that there cannot be a bias As a challenger to this meeting bias would have to be proved Mrs Worth asked Mr Dahl to provide to Council an memorandum on how to handle Quasi-Judicial matters Alec GorhinilArchitcct, 1546 Cole Blvd, Golden, was sworn in by the Mayor and presented the applicant's case Meredith Heckert, Planner II, was sworn in by the Mayor and gave the staff report. WHEAT RIDGE CITY C 'NCIL MINUTES AUGUST 24 1( PAGE -4- Mrs Shaver disclosed that she had been contacted by a Mr Tom Brophy about this case, he was concerned about traffic and parkin9 He also spoke to Mr DiTullio about the same concerns The following speakers were sworn in by the Mayor Tom Slattcr~J, 6869 W 32nd Avenue, feels it is stupid to put a 1 OO-year drainage pit in a residential front yard This is an incompatible land use He also requested that the two Council persons who discussed this case not vote Momaret Parry, 3060 Teller Street, read a letter from Cntherine LJun/op, 7160 West 30th Avenue which urged Council to reject approval of this subdivision and send it back to the Planning commission so issues like exits, parking, increased traffic, drainage, etc can be evaluated Ms. Parry asked that this plan be approved with fewer units and to allow only 2 R- 2 lots with duplexes on them, asked for dedication of land for a park on this property Asked that it go back to Planning Commission because of the many changes She then showed slides of the area JoAnne Howard, 7260 West 31st Place, has concerns about the additional driveways traffic parking, clapboard siding does not blend in with the surrounding neighborhood, density, teClring down the stone house Usn Homi/ton-Fieldman, 7125 West 32nd Avenue, read a letter from Chad & Jennifer Goins, 7095 West 32nd Avenue, who were concerned about saving trees and would like to see this property become a park. Ms Hamilton-Fieldman stated she appreciated the architect walking the property with the neighbors, but she still does not support the project. She also had drainage, density and traffic concerns and wonders if the intent to preserve the trees will actually be fulfilled in practice Nono Trites is concerned about the constant moving of renters, unruly children, and increase in burglaries, and increased traffic; she would rather see patio homes that people own She is also concerned about the low water pressure, doesn't want this project in her neighborhood Mike Johnson. 7075 West 32nd Avenue, is in shock over the changes since the last meeting, didn't know the stone house was going to be razed, if this is approved, there will be big traffic increase which is already a problem, can't stand the thought of the trees being cut down, would like to see a park there, neighborhood can't support any more people She opposes this project. Motion by Mr Eafanti to suspend the Rules and go past 11 00 P m and finish the Agenda, seconded by Mrs Worth Mr DiTullio asked for an amendment not to do Elected Officials' Matters seconded by Mr Siler; tied 4-4 with Councilmembers Donnelly, DiTullio, Shaver, and Mancinelli voting yes. Mayor broke the tie by voting yes Amendment carried 5-4 Original Motion as amended carried 6-2 with Mrs Shaver and Mrs Worth voting no WHEAT RIDGE CITY C !NCIL MINUTES AUGUST 24 1l PAGE -5- Motion by Mr DiTullio to go into Executive Session under Section 5 7(b)(1) of the Charter; seconded by Mr Eafanti, carried 8-0 EXECUTIVE SESSION WAS HELD 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 denied for the following reasons Subdivision does not satisfy requirements of Section 4 Design Standards, main paragraph, Section 8 paragraph 2, drainage and Section 3 , noise seconded by Mrs Shaver' tied 4-4 with Councilmembers Shaver DiTullio Worth and Dalbec voting yes Mayor broke the tie by voting no Motion failed 5-4 Motion by Mr Siler 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 approved for the following reasons 1 Zoning on the property is R-2 and R-3 2 A subdivision is required to allow development of the south half of the property 3 All requirements of the Subdivision Regulations have been met. With the following conditions 1 Lot #6 be corrected to accurately reflect existing zoning (145' versus 165') 2 A note be added that driveways for Lots 3 and 4 be at least 20' long from the edge of the private street. 3 A note be added that the access for Lots 3 and 4 be posted "no parking" for fire lane purposes 4 A homeowners' association be formed to cover maintenance of the ditch and detention areas with language on Exhibit "B" included as a plat note, seconded by Mr Donnelly Motion by Mr DiTullio to amend that the City will accept a 5% land dedication in lieu of 5% of value of the land, seconded by Mrs Shaver; carried 7-1 with Mr Mancinelli voting no Motion by Mrs Shaver to amend to add an additional condition that there be no major increase in the existing grade on the property when it is developed, seconded by Mrs Worth, carried 8-0 Motion by Mrs Dalbec to amend that the drainage plan be changed to handle the drainage in a manner that all the drainage doesn't end up in one property; seconded by Mrs Worth, carried 7-1 with Mr Siler voting no Motion by Mrs Shaver to change the plat note in attachment 4 to read "Prior to the sale of any lot by the land owner, the land owner shall form a homeowners association and prepare and file of record covenants and conditions, in form and content approved by the City Attorney, guaranteeing the maintenance and upkeep of all common elements including, but not limited to private road, common drainage pond interior sidewalks, parking lots, ditch", seconded by Mrs Worth, carried 8-0 Motion by Mr DiTullio to amend that we direct the City Manager to make one more contact with the property owner to see if he would be willing to build 9 units and save the house, seconded by Mrs Worth carried 5-3 with Councilmembers Donnelly, Siler, and Mancinelli voting no WHEAT RIDGE CITY ( JNCIL MINUTES AUGUST 24, 1 PAGE -6- Motion by Mrs Dalbec that the western most duplex on Teller have a shared access driveway for the duplexes on Lot 2, seconded by Mrs Worth, carried 7-1 with Mr Mancinelli voting no Mr Mancinelli asked that Mr Siler accept a friendly amendment to condition 2 to strike the word "street" and replace it with "access way" This was accepted Motion by Mrs Worth to amend Note 5 on the plat to add after new home construction "and impervious surface areas, with the further requirement that all such trees be replaced on a one to one basis, seconded by Mr DiTullio, carried 8-0 Vote on original motion as amended carried 5-3 with Councilmembers Shaver DiTullio, and Worth voting no Item 3. Approval of an Amended Outline Development Plan and Preliminary and Final Development Plan on a portion of the site located at 3601 Wadsworth Blvd (WZ-98-13)(Chesrown) (TO BE CONTINUED TO SEPTEMBER 28,1998) Item 3 was introduced by Mr Eafanti, title read by the Clerk. Motion by Mr Eafanti to reschedule Item 3 to September 28, 1998, seconded by Mrs. Worth, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. Resolution 1670 - A Resolution in support of a ballot question permitting accelerated acquisition of Open Space Item 4 was introduced by Mr Donnelly, Clerk read title Motion by Mr Donnelly for approval of Resolution 1670; seconded by Mr DiTullio Motion by Mrs Shaver for an amendment to add the wording, " BE IT FURTHER RESOLVED that the Wheat Ridge City Council urges the Jefferson County Commissioners in their funding for debt service of the bonds to 1) Use a balanced approach for determining where debt service dollars come from. 2) Provide that revenues for debt service come from project type funds i e acquisition, development, trails and joint venture projects and not from funds used for fixed expenditures i e administration and maintenance 3) Not limit the funding of the debt service to use of existing acquisition revenues, seconded by Mrs Worth, failed 2-6 with Mrs Shaver and Mrs Worth voting yes Original Motion carried 8-0 WHEAT RIDGE CITY ( JNCIL MINUTES AUGUST 24, 1 PAGE -7- Item 4A. Brandon Herrera - $1,000 Washington 0 C trip, to the National Young Leaders Conference Motion by Mr Siler to appropriate from the General Fund $1,000 to assist Brandon Herrera in his trip to Washington DC and transfer that to account number 102-798 Council Contingency, and give that to him seconded by Mrs Dalbec, carried 6-2 with Mrs Shaver and Mr DiTullio voting no Motion by Mr DiTullio for an amendment that the $1,000 would come out of the Council Travel budget rather than the General Fund seconded by Mrs Shaver; failed 5-3 with Mrs Shaver Mr DiTullio and Mrs. Dalbec voting yes Original Motion carried 6-2, with Mrs Shaver and Mr DiTullio voting no Item 5. Resolution 1676 - A Resolution referring a ballot question to the electors at the November 3, 1998 election (Increase Lodging Tax) Item 5 was introduced by Mrs Worth who also read the title Motion by Mrs Worth for approval of Resolution 1676, seconded by Mr Eafanti Motion by Mr DiTullio for friendly amendment that it is allocated to the Police Department for 3% and the other 2% goes into the General Fund for use by the City for different projects Mrs Worth accepted Mr DiTullio's friendly amendment. Mrs. Worth asked to restate the Motion Motion by Mrs Worth for the adoption of Resolution 1676, Exhibit B, to be allocated in the amount of three-fifths of such revenues for Police and Code Enforcement activities, and two- fifths of such revenues for redevelopment and public issues and improvements, both in connection with the Lodging Industry within the City; and all 5% to be put into a special fund, seconded by Mr Siler Motion by Mr DiTullio for an amendment that wording would say two-fifths of such revenues for redevelopment and public improvements within the City ,seconded by Mr Mancinelli, carried 7-1 with Mrs Dalbec voting no CJlit'j Hurst gave an explanation regarding the necessity for the revenue Mr DiTullio called for the question, seconded by Mr Eafanti; tied 4-4 with Mr Siler, Mr DiTullio, Mr Donnelly and Mr Eafanti voting yes Mayor broke the tie by voting yes Fails needed 3/4 majority vote Vote on restated Motion carried 7-1 with Mr DiTullio voting no WHEAT RIDGE CITY ( JNCIL MINUTES AUGUST 24 1 PAGE -8- Item 6. Resolution 1677 - A Resolution referring a ballot question to the electors at the November 3, 1998 election (Retain excess revenues) Resolution 1677 was introduced by Mrs Worth who also read the title Motion by Mrs Worth for postponement of Resolution 1677 until the 1999 election to allow further and more detailed communication to occur with our citizens so that our message is clearly understood and received before voters are asked to consider this very important measure and as much as the City is not currently faced with the Tabor Revenue issue there is no immediate downside or negative impact to the community however, there may be a need to be a second question placed on the next November ballot in the event our 1998 revenues exceed the Tabor Limits seconded by Mr DiTullio, carried 8-0 Item 7. Motion to establish an ad-hoc committee to create an Arts Council Item 7 was introduced by Mrs Shaver, Clerk read the title Motion by Mrs Shaver that 1) an ad-hoc committee be formed whose primary purpose will be to create a Wheat Ridge Arts Council, and 2) The initial tasks for the ad-hoc committee will be to a) generate interest in the community for an Arts Council and recruit volunteers and other interested parties b) develop a mission statement and by-laws for the Arts Council c) pursue grant and fund-raising opportunities, and 3) The City Manager be authorized to provide minimal staff support in the form of qrant writinq assistance, and 4) the ad-hoc committee will provide a progress report to the City Council within six (6) months of their first meeting, seconded by Mrs Dalbec. Mrs Dalbec asked Mrs Shaver for a friendly amendment on 1) whose primary purpose will be to create a Wheat Ridge Arts Council which will eventually be able to serve the community as a 501C Mrs Shaver declined Motion carried 7-1 with Mrs Dalbec voting no Item 8. Approval of Expenditure Items Motion by Mrs. Worth for approval of the expenditure items as listed in Council Packets, seconded by Mr Donnelly; carried 8-0 Item 9. CONSENT AGENDA. A. Findings regarding denial of premise modification of Chipotle's Mexican Grill. B Approve transfer of funds for concrete rehabilitation contract. Motion by Mr DiTullio for approval of the Consent Agenda, seconded by Mrs Worth, carried 8-0 WHEAT RIDGE CITY ( JNCIL MINUTES AUGUST 24,1 PAGE -9- Motion by Mr Eafanti to cancel September 7,1998, Study Session Meeting, seconded by Mr Siler; carried 8-0 Motion by Mr Eafanti to add a Special Study Session Meeting on August 31 1998, at 7 00 P m for the purpose of the Wadsworth Corridor Project; seconded by Mr Siler; carried 7-1 with Mr DiTullio voting no CITY MANAGER'S MATTERS Executive Session under Section 5 7 (b)( 1) of the Charter Motion by Mrs. Worth to cancel the Executive Session seconded by Mr Eafanti, carried 8-0 Motion by Mr Eafanti to adjourn, seconded by Mrs Worth, carried 8-0 Meeting adjourned at 1 35 a m ) J I' ) 'decL f '. Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON SEPTEMBER 14,1998 BY A VOTE OF -1L TO ~ _ __--J"" Don Eafanti, Counc;iJ . L (l.~ . ent (/