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(
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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 (
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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(
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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
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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
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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
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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
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) 'decL f '.
Wanda Sang, City Clerk
APPROVED BY CITY COUNCIL ON SEPTEMBER 14,1998 BY A VOTE OF -1L TO ~
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Don Eafanti, Counc;iJ .
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