HomeMy WebLinkAbout02/26/2001
February 26. 2001
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W 29th Avenue, Municipal Building
The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m
Councilmembers present: Jerry DiTullio, Vance Edwards, Odarka Figlus Harry Hanley, Ralph
Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth Also present: City Clerk, Wanda
Sang, Acting City Manager, Jack Hurst; City Attorney, Gerald Dahl Director of Planning, Alan
White, staff; and interested citizens
APPROVAL OF MINUTES OF February 12, 2001
Motion by Mr DiTullio for the approval of the Minutes of February 12 2001 seconded by Mr
Mancinelli, carried 8-0
CITIZENS' RIGHT TO SPEAK
Lee Callas, 4390 Dover Street, spoke on behalf of the Wheat Ridge Historical Society. they
are hoping to get donated to them a water tower vintage 1910 and asked if they could put it on
the Baugh property to be used as a landmark and also utilize it to hold water and pump for
irrigation
Motion by Mr DiTullio to allow the tower to be moved to the Baugh property if needed
seconded by Mrs Worth
Mr Siler moved for an amendment to add the words at no cost to the City" to the motion
seconded by Mrs Worth, carried 8-0
Main Motion as amended carried 8-0
Roseanne Gehauf, 2890 Newland Street, invited everyone to come to the Taste of the Arts
and Midwinter Festival, which is co-sponsored by the Arts Council of Wheat Ridge and
Colorado Folk Arts Council It will be held on March 10 at the Wheat Ridge Community
Center
CITY COUNCIL MINUTES February 26, 2001
Page - 2 -
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
Council Bill 02-2001 - An Ordinance amending Chapter 26 of the Code of Laws
of the City of Wheat Ridge, Colorado, concerning Zoning Land Use and
Development.
Council Bill 02 was introduced on second reading by Mr Edwards, who also read the title and
summary Ordinance No 1215 assigned by the Clerk.
Bruce Wei/ert, 2810 Vine Street, Hays, Kansas spoke about the zoning for Motels in Wheat
Ridge He looked at the property on 4710 Miller Street with the intention of building a Comfort
Inn He checked with the City last June to make sure this property was zoned for a Motel He
was assured that it was zoned Commercial and a Motel could be built there He signed a
contract and wrote a check for the land and the franchise for the Motel He brought in his
plans 1 day after the moratorium was in effect. He complained that with the passage of this
Ordinance, he will have to apply for a Special Use Permit to build a Motel He ordered his
wood, his bricks, signed contracts with a number of people and has over $700,000 tied up in
this project. He doesn't think it's right he has to wait another 4 months to get going on this
Alan White, Planning Director, explained that with the re-write of Chapter 26 Motels had gone
from a permitted use to a special use, requiring hearings in front of the Planning Commission
and City Council
Mr Weilert asked at this time if this was personal against him or if somebody else was in the
process of building a motel
Mr DiTullio asked to be allowed to answer this question
Motion by Mrs. Shaver to suspend the Council rules and allow Mr DiTullio to speak without
counting this against his time, seconded by Mrs Worth, carried 8-0
Mr DiTullio stated that the City Council has not changed the Ordinance because of Mr Weilert
or any of his competitors There are a number of hotels in that area causing a drain on City
services and resources, and it was decided that we should have a special use permit instead
of a use by right to have more of a public process We have had many problems in that area
dealing with crime, drugs, and prostitution and had to create a special Hotel/Motel Task Force
and have a special tax to pay for that.
City Attorney Dahl urged that the hearing go forward This is a public hearing not a question
and answer session and other people have signed up to speak and have a right to be heard
CITY COUNCIL MINUTES February 26, 2001
Page - 3 -
Louise Turner, speaking on behalf of Wheat Ridge United Neighborhoods, made
recommendations to address setbacks and variances and recommended that height limit in
PF-1 shall be 50' when totally within a commercial zone area WRUN would like the granting
of variances be the sole responsibility of the Board of Adjustment.
Mrs Turner is personally concerned that so much emphasis is being placed on rear and side
parking and hopes that doesn't mean buildings will be closer to the street.
Larry Merkl is concerned about the home occupations being allowed to put signs up in his
neighborhood alone, there are 6 or 7 home occupations and he would hate to see signs in
front of all of them He agreed with Louise on the variances Keep the quality of life and the
property values in the City up We need a better definition as to what is a commercial vehicle
Russ Hedden, 2640 Newland Street, reaffirmed what Mr Merkl said regarding signs for home
occupations Everyone in their district meeting voted not to have signs for home occupations
Motion by Mr Edwards to approve Council Bill 02-2001, an Ordinance repealing and re-
enacting Chapter 26 of the Wheat Ridge Code of Laws on second reading, to take effect
upon adoption, with the following amendments
1 Those recommended by Planning Commission and Planning staff and listed as items 1
through 64 on the staff memo dated February 16, 2001
2. Those recommended by the City's consultant, THK & Associates as modified by staff and
listed as the second set of items 1 through 7 on the staff memo dated February 16, 2001
3 Those recommended by Planning Commission and listed on Exhibit A, entitled "Chapter 26
Planning Commission Recommended Amendments"
4 Those recommended by the City's consultant, THK & Associates, to Sections 26-222, 26-
223, and 26-224 regarding Streetscape and Architectural Overlay Districts as listed on Exhibit
B
5 The following change to Section 26-613 A 5 Delete the existing language and replace with
"No sign advertising the home occupation shall be permitted"
6 Add the following as Paragraph D to Section 26-621, Residential Parking "D Excluding
vehicles parked or stored in enclosed garages, the maximum number of vehicles allowed to be
parked on residentially zoned property shall equal the number of driveway and/or carport
spaces available to accommodate parked cars plus one, up to a maximum of six (6) vehicles
In the event there is no driveway or carport, the maximum number of allowed vehicles to be
parked shall not exceed four (4) "
CITY COUNCIL MINUTES February 26, 2001
Page - 4 -
7 All changes in grammar, spelling, syntax and paragraph heading and organization, as
prepared by the City Attorney and certified by him as editorial in nature and not substantive
8 Amend the Table of Uses chart for Agricultural and Public Facilities zone districts by
amending the "Roadside stands" use (page 61) as follows 'Roadside stands for operation for
not more than 6 months per year for the sale of farm products bedding plants, and
landscape and garden accessories not to include bulk materials produced or made on
the premises" This use description shall be effective until April 16 2001, at which time this
use description shall revert to the following "Roadside stands for operation for not more
than 6 months per year for the sale of farm products produced or made on the
premises." Provided however, that any such use in existence in the A-1 District as of April
16, 2001 shall remain lawful during the pendency of an application for rezoning, which
application was filed and accepted as of April 16 2001, to a zone district which would permit
the continuation of such use, seconded by Mr DiTullio
Motion by Mrs Shaver to send amendment 5 to the City Affairs Committee for further
discussion, seconded by Ms Figlus, tied 4-4 with Councilmembers Siler, Shaver, Figlus, and
Worth voting yes Mayor broke the tie by voting no Motion failed 5-4
Motion by Mrs Worth to send amendment 6 to the City Affairs Committee for further
discussion, seconded by Ms Figlus, tied 4-4 with Councilmembers Hanley, Edwards, DiTullio,
and Mancinelli voting no Mayor broke the tie by voting yes Motion carried 5-4
Motion by Mrs Worth that variances shall be the responsibility of the Board of Adjustment;
requests for variance shall be acted upon by such Board following their proper procedures for
posting, publishing and public hearing, no variance shall exceed 10%, seconded by Ms
Figlus
Motion by Ms Figlus to postpone this to the next City Affairs Committee meeting, seconded by
Mrs Shaver; failed 5-3 with Councilmembers Shaver, Figlus, and Worth voting yes
Mrs. Worth motion failed 7 -1 with Mrs Worth voting yes
Motion by Mr Siler to amend Chapter 26 in that portion that refers to Hotels in the C-1 Zoning
to read "that hotels be permitted as a permitted use for a period of 6 months starting March
16,2001, thereafter Hotels will be a Special Use", seconded by Mr Hanley
CITY COUNCIL MINUTES February 26, 2001
Page - 5 -
Motion by Mr Hanley to amend Mr Siler's amendment by amending Section 26-204 C, the
table of uses for commercial and industrial districts to provide that in the C-1 District, Hotels
and/or Motels for transient occupancy shall be a permitted use until and including May 16,
2001, after which date such use shall be a Special Use in that Zone District; seconded by Mr
Siler; carried 5-3 with Councilmembers Edwards Worth and Shaver voting no
Mr Siler's amendment tied 4-4 with Councilmembers Edwards, Shaver Worth and DiTullio
voting no Mayor broke the tie by voting yes Motion as amended carried 5-4
Motion by Ms Figlus to refer the change on page 10 of Mr White's memo, pertaining to signs,
to the Planning Commission and bring it back for recommendation seconded by Mrs Shaver;
failed 7-1 with Ms Figlus voting yes
Motion by Ms Figlus to change Page 7 Item 51 to change 24 hours to 72 hours seconded
by Mrs Shaver; carried 6-2 with Mr Edwards and Mr Mancinelli voting no
Mr DiTullio called for the question, seconded by Mr Edwards, failed 5-3 with
Councilmembers Shaver, Worth, and Figlus voting no (Call for the question needs 6 votes to
pass)
Motion by Mrs Shaver for an amendment under page 6 Item 45 to change the wording in line
3 to revert back to property line, seconded by Mrs Worth, failed 5-3 with Councilmembers
Shaver, Worth, and Figlus voting yes
Original Motion as amended carried 7-1 with Ms Figlus voting no
Item 2.
Council Bill 33 - An ordinance providing for the approval of a rezoning from
Residential-Three and Commercial-One to a planned residential development
and approval of an outline and combined preliminary and final development plan
for property located at 4445 Parfet Street, City of Wheat Ridge County of
Jefferson State of Colorado
(Vince Hopkins - Case no WZ-00-06)
Council Bill 33 was introduced on second reading by Mr Hanley, who also read the title and
summary Clerk assigned Ordinance No 1213
Vince Hopkins, applicant, was sworn in by the Mayor and asked for approval of his
application He is going to put up some really nice buildings and landscape and improve the
neighborhood If this doesn't pass tonight, he may be forced to put up a 7 -unit town home
CITY COUNCIL MINUTES February 26, 2001
Page - 6 -
Meredith Reckert was sworn in and presented the staff report.
Motion by Mr Hanley for approval of Council Bill 33-2000 (Ordinance 1213) and for approval
of an outline development plan for property located at 4445 Parfet Street, for the following
reasons
1 The proposed strip of C-1 property cannot be reasonably developed under the existing
conditions
2 It is generally desirable to have zoning lines run with lot lines
3 Eight duplex units will have lesser impact than what could be developed on the property
under current zoning conditions
4 The applicant has reduced the number of units from ten to eight;
seconded by Mr DiTullio, carried 6-2 with Mrs Shaver and Mrs Worth voting no
Mrs. Shaver stated this rezoning is against the Comprehensive Plan and will increase the
density
Motion by Mr Hanley for approval of a planned residential development combined preliminary
and final development plan for property located at 4445 Parfet Street for the following reasons
1 The proposed duplexes will have a lesser impact on adjacent property than what could be
built under current zoning conditions
2 The existing PSC easement crossing the property hinders developability of it.
3 The developer has tried to mitigate impacts to the adjacent residences to the west by
erection of a solid fence and the planting of ornamental trees at twenty-foot intervals
With the following conditions
1 The private drive be constructed to the City's standard for pavement thickness
2. An equivalent caliper inch of trees be replaced on the property
3 The developer be required to contribute 5% of the land value for park land purposes and
that this be paid prior to the recording of the development plan and plat.
4 The fence along the west property shall be required to be eight feet in height unless at the
time of construction, the property owners adjacent to the west of this property unanimously
agree that it can be reduced to six feet in height.
5 The type of ornamental trees to be planted on the west side of the fence be negotiated with
the adjacent property owner
6 No second story balconies be allowed on the western side of the buildings
7 The homeowners association's covenants be revised to address maintenance of the storm
water detention areas
8 That the southern-most unit be shifted in location farther east to accommodate the property
owner to the west; seconded by Mr DiTullio
CITY COUNCIL MINUTES February 26, 2001
Page - 7 -
Motion by Mrs Worth to add a condition 9 That the fence be tied in to the existing fences on
the north and the south, seconded by Ms Figlus carried 7-1 with Mr Mancinelli voting no
Original Motion as amended carried 6-2 with Mrs Worth and Mrs Shaver voting no
ORDINANCES ON FIRST READING
Item 3.
Council Bill 05-2001 - An Ordinance providing for the approval of a Special Use
Permit to allow the co-location of CMRS Antennas on an existing tower in a
Residential-Two Zone District on property located at 7500 West 29th Avenue,
City of Wheat Ridge County of Jefferson, State of Colorado
(Case No SUP-00-03) (Qwest Wireless)
Council Bill was introduced on first reading by Mr DiTullio, who also read the title
Motion by Mr DiTullio that Council Bill 05 be approved on first reading, ordered published,
public hearing be set for Monday, March 26, 2001 at 7 00 P m in City Council Chambers
Municipal Building and if approved on second reading, take effect 15 days after final
publication, seconded by Mr Edwards, carried 8-0
Item 4.
Council Bill 06-2001 - An Ordinance approving the renewal of a Cable Television
Franchise, and in connection therewith, repealing and reenacting Section 23-1 of
the Code of Laws
Council Bill 06 was introduced on first reading by Mr Siler, who also read the title
Motion by Mr Siler that Council Bill 06 be approved on first reading, ordered published public
hearing be set for Monday, March 19, 2001 at 7 00 P m in City Council Chambers Municipal
Building, and if approved on second reading, take effect on adoption, seconded by Mr
DiTullio, carried 8-0
CITY COUNCIL MINUTES February 26, 2001
Page - 8 -
DECISIONS. RESOLUTIONS, AND MOTIONS
Item 5.
Board and Commission appointments
Motion by Mr DiTullio to move to appoint for District I
Kim Fear to Animal Welfare and Control, term ending 3/2/04
Betty Jo Page to Arborist Board, term ending 3/2/04
Paul Drda to Board of Adjustment, term ending 3/2/04
Frank Wolf to Building Code Advisory Board, term ending 3/2/04
Norma Nordin to Civil Service Commission term ending 3/2/04
Russ Hedden to Civil Service Commission, term ending 3/2/03
Susan Seeds to Parks & Recreation Commission term ending 3/2/04
Michael Emarine to Personnel Commission, term ending 3/2/04
Jerry Collins to Planning Commission, term ending 3/2/04
Karen Berry to Liquor Licensing Authority term ending 3/2/04,
seconded by Mr Edwards, carried 8-0
DISTRICT II
Motion by Mr Mancinelli to appoint:
Dr William Trefz to Animal Welfare and Control term ending 3/2/04
Willard Leak to Arborist Board, term ending 3/2/04
Robert Howard to Board of Adjustment, term ending 3/2/04
Deborah Shaner to Building Code Advisory Board term ending 3/2/04
Floy Jeffares to Civil Service Commission, term ending 3/2/04
Charles Speilman to Parks & Recreation Commission term ending 3/2/03
John Gleason to Personnel Commission term ending 3/2/04
Paula Weisz to Planning Commission, term ending 3/2/04
Frank Sanzalone to Liquor Licensing Authority term ending 3/2/04
seconded by Mr Siler; carried 8-0
DISTRICT III
Motion Mrs Shaver to appoint:
James Teliha to Arborist Board, term ending 3/2/04
Ralph Santangelo to Building Code Advisory Board, term ending 3/2/04
Ed Pinson to Civil Service Commission, term ending 3/2/04
Don MacDougall to Parks & Recreation Commission, term ending 3/2/02
Stan Koniz to Personnel Commission, term ending 3/2/04
Mark Miller to Planning Commission, term ending 3/2/04
John Miks to Liquor Licensing Authority, term ending 3/2/04,
seconded by Ms Figlus, carried 8-0
CITY COUNCIL MINUTES February 26, 2001
Page - 9 -
DISTRICT IV
Motion by Mrs Worth to appoint:
Agnes Renwick to Animal Welfare and Control Commission, term ending 3/2/04
Bill Peterson to Liquor Licensing Authority, term ending 3/2104,
and further moved for the
ELECTION COMMISSION
Kim Stewart to Election Commission, term ending 12/02
Susan Miller to Election Commission, term ending 12/03,
seconded by Mr DiTullio, carried 8-0
Item 6.
Appointments to Housing Authority
Motion by Mr Mancinelli to approve the following appointments to the Wheat Ridge Housing
Authority and to appoint City Council Representative Jerry DiTullio as Chair. seconded by Mr
Siler
Mrs Worth asked to divide the question and vote on all appointments separately
Jerry DiTullio as Council Representative, term expiring March 2, 2006, carried 8-0
Jerry DiTullio to serve as Chair; carried 8-0
Cheryl Brungardt for District I, term expiring 3/2/2005, carried 8-0
Kent Davis for District II, term expiring 3/2/2004, carried 8-0
Mary Jo Cavarra for District III, term expiring 3/2/2002, carried 8-0
Cathy Fulton for District IV term expiring 3/2/2003, carried 8-0
Item 7.
Motion to approve the initiation of an RFP process for Real Estate and Broker
Services for the purchase of property by the City of Wheat Ridge and the Wheat
Ridge Housing Authority
Item 7 was introduced by Ms Figlus, who also read the title
Motion by Ms Figlus to approve the initiation of an RFP process to obtain professional
services for the purchase of property by the City of Wheat Ridge seconded by Mr DiTullio,
carried 8-0
Motion by Ms Figlus to approve the initiation of an RFP process to obtain professional
services for the purchase of property by the Wheat Ridge Housing Authority, seconded by Mr
DiTullio, carried 7-1 with Mr Siler voting no
CITY COUNCIL MINUTES February 26, 2001
Page - 10 -
Motion by Mr Siler to suspend the Rules to go past 11 00 p m and finish the Agenda,
seconded by Mr Edwards, failed 5-3 (needed 6 votes to pass)
Motion by Mrs Worth to suspend the Rules and go past 11 00 p m and finish the entire
Agenda, seconded by Mr Hanley; failed 5-3 (needed 6 votes to pass)
Motion by Mr Siler to reconsider the last motion, to go past 11 00 pm, and finish the entire
Agenda and Elected Officials Matters, seconded by Mr Edwards carried 6-2 with Mr DiTullio
and Mr Hanley voting no
Motion by Mr Siler to go past 11 00 P m and finish the Agenda and Elected Officials' Matters
seconded by Mr Edwards, carried 6-2 with Mr DiTullio and Mr Hanley voting no
Item 8.
CONSENT AGENDA
A. Motion to purchase a total of five replacement vehicles for the Patrol Division
from Lakewood Ford, in the total amount of $113000
B Motion to replace a Civil Service Commissioner
C Motion regarding Bowser Property Demolition & Fenton Property Demolition
Consent Agenda was introduced and read by Mrs Worth
Mrs Worth pulled Item C
Motion by Mr Edwards to put Item B on the March 19 Agenda, seconded by Mr DiTullio,
carried 8-0
Motion by Mrs Worth to approve A., seconded by Mrs Shaver; carried 8-0
Motion by Mrs Worth to approve C seconded by Mr Siler. carried 8-0
CITY MANAGER'S MATTERS
Consensus was 8 in favor to allow Jerry DiTullio to talk to Ann Pitinga as to using the CDBG
money and bring it back to Council
CITY ATTORNEY'S MATTERS
Jerry Dahl reported that he is editing the last draft of Chapter 15 and it should be coming to
Council soon
CITY COUNCIL MINUTES February 26, 2001
Page - 11 -
ELECTED OFFICIALS MATTERS
Mrs Worth reminded Mr Dahl to work on the Conservation District memo that had been
discussed previously She asked that the United Neighborhood letter be sent to the City
Affairs Committee for further discussion with Mr Dahl and to see what we can do, consensus
was 6 in favor
Mr Edwards asked for consensus that we allow our Naturalist to work with the Parks
Commission chair to get an application submitted to the National Audubon Society for the
Greenbelt; consensus was 8 in favor
Motion by Mr Siler to create a conference committee for the Public Works Advisory
Committee and the City Affairs Committee The purpose of this committee would be to create
guidelines and implementation standards for the utilization of a main street type program for
overall City usage, but specifically for the usage of 38th Avenue between Sheridan and
Wadsworth, the conference committee would consist of 4 members two from PWAC and two
from City Affairs to be chosen by the respective chairs, their chair would be chosen by the
conference committee, seconded by Mr Edwards, carried 8-0
Ms Figlus commented on Chapter 26 and wants this to show in the Minutes and become part
of the legislative history of the zoning code She is commenting on Section 120 C 2 The
intent of this section is allow nonconforming structures to be rebuilt on their existing footprints
in case they are damaged or destroyed
Meeting adjourned at 11.25 p m
,; i _ > L .
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Wanda Sang, City Clerk l
APPROVED BY CITY COUNCIL ON MARCH 19,2001 BY A VOTE OF :l TO D
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Jerry DiJ,tillio Council President