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HomeMy WebLinkAbout05/19/1986 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO MAY 19, 1986 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Kent Davis, Tony FIasco, Doris Ibbison, Rod Johnson, Larry ~1erkl, Moe Keller, Randy West, and Claudia Worth Also present Deputy City Clerk, Christa Jones; City Administrator, Tom Palmer, City Attorney, John Hayes, Chief of Police, Howard Jaquay, Planning Director, Glen Gidley, Economic Development Manager, Rick Kirkwood, staff and interested citizens APPROVAL OF MINUTES of May 12, 1986 Motion by Mr West for the approval of the Minutes of May 12, 1986, seconded by Mr Johnson Mrs Worth asked that the Minutes be corrected to include Resolution 989 - A Resolution authorizing the Allocation, Expenditure and Transfer of monies for a Tourism Brochure Motion carried 8-0 PROCLAMATIONS AND CEREMONIES Special Olympics Week May 18 - 24, 1986 - Mayor Stites presented the proclamation to Police Chief, Howard Jaquay CITIZENS' RIGHTS TO SPEAK Genie Merkle, 3891 Estes Street, spoke on behalf of her family and other residents She asked that Council hold a Study Session to discuss the problems on W 44th Avenue since the change from three lanes to four lanes Her concerns included speeding, RTD buses stradling lanes, rear enders, danger at crossings Motion by Mrs Worth to put this on a future Study Session and ask the Chief to bring in back-up material on how many accidents and tickets while it was two-lane, three-lane, and four-lane, seconded by Mrs Keller, failed 4-4 with Councilmembers Worth, Keller FIasco and Davis voting Yes Mayor Stites asked Council to pass a motion to move Ite~s 8 and 10 right after Public Hearings because there were young people present that had to attend school the next morning Mr West stated that he would vote no on that, because at another time his constituents had to sit there all night and the item was not moved up Consensus was 6-2 with Councilmembers West and Davis voting No CITY COUNCIL MINUTES May 19, 1986 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 236 - An Ordinance providin~ for the approval of rezoning from Residential-Two to Planned Residential Development and approval of a Combined Outline and Final Development Plan and Plat on land located Southeast of West 41st Avenue and Miller Court, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-86-2) (Miller Court Partnership) (Attorney for applicant request postponement) Motion by Mr Merkl to postpone this item indefinitely, seconded by Mr Davis, carried 6-2 with Councilmembers West and Worth voting No Item 2 Council Bill 238 - An Ordinance providing for the approval of rezoning from Residential-Three to Planned Commercial Development and for approval of a Combined Outline and Final Plan and Plat on land located at approximately 9701 West 50th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-85-19) (Equity Builders) Council Bill 238 was introduced on second reading by Mrs Keller, title read by the Clerk Mr Gidley presented the staff report, entered documents into the record, showed slides, and overhead transparencies Present and sworn in by the Mayor were Robert L Williams, 9710 W 50th Avenue, and Roger Venables, 750 W Hampden, Project Engineer They requested that this be approved as submitted and answered Council questions and concerns Motion by Mrs. Keller that Council Bill 238, a request for a rezoning from Residential-Three to Planned Commercial Development and for the approval of a Combined Outline and Final Plan and Plat for property located at approximately 9701 West 50th Avenue, be approved for the following reasons 1) All requirements of the Zoning Ordinance and Subdivision Regulations have been met 2) The proposal is consistent with the Comprehensive Plan and will be compatible with the adjacent land use, seconded by Mr West, carried 8-0 Item 3 Council Bill 239 - An Ordinance providing for the approval of rezoning from Commercial-One to Planned Commercial Development and for approval of a Combined Outline and Final Plan and Plat on land located at approximately 9800 west 50th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case WZ-85-20) (Equity Builders) Council Bill 239 was introduced on second reading by Mr Davis, title read by the Clerk Mr Gidley gave staff report, showed slides, and overhead transparencies, and entered documents into the record Mr Williams and Mr Venables were available for questions Motion by Mr Davis that Council Bill 239, a request to rezone property at approximately 9800 W 50th Avenue from Commercial-One to Planned Commercial Development and for the approval of a Combined Outline and Final Plan and Plat, be approved for the following reasons 1) The proposal is compatible with adjacent zoning and land use 2) The proposal is consistent with the Comprehensive Plan 3) Staff recommends approval, seconded by Mr Johnson, carried 8-0 CITY COUNCIL MINUTES _ 'lay 19, 1986 Page -3- Item 4 Council Bill 240 - An Ordinance providing for the approval of a Special Use Permit to allow Major Mechanical Automotive Repair in a Commercial-One Zone District on land located at 6695 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-86-2) (Roy Swenson) Council Bill 240 was introduced on second reading by Mr FIasco, title read by the Clerk Mr Gidley gave staff report, showed slides, and overhead transparencies, and entered documents into the record Applicant Roy Swenson, was present and sworn in by the Mayor Motion by Mr FIasco that Case No SUP-86-2, a request for approval of a Special Use Permit to allow heavy mechanical auto repair for property located at 6996 W 38th Avenue be approved for the following reasons 1) The proposal is compatible with adjacent residential use if proper buffering is provided 2) Planning Commission recommended approval With the following conditions 1) The proposed addition be the same manner of construction as the existing building 2) That the adequate sound attenuation be provided along the north wall of the existing bays and proposed addition 3) That curb, gutter and sidewalk be provided on this development either at time of construction or a letter of intent submitted to the City to be done at a time that is most convenient for the City 4) That this permit allows only the mechanical repair of autos and small trucks totally within the building and that no body repair or painting be permitted 5) That standard landscaping requirements be met with the building permit, seconded by Mr Davis Amendment by Mr Merkl that under condition four be added "major" mechanical repair, seconded by Mrs Ibbison, carried 7-1 with Mr FIasco voting No Motion as amended carried 8-0 Item 8 Resolution 991 - A Resolution creating a Youth Advisory Board for the City of Wheat Ridge Resolution 991 was introduced by Mrs Keller, and read by the Clerk in its entirety Councilmembers were concerned that only children from District IV were represented on this Youth Advisory Board and they felt that children Citywide should be appointed to this Board Mrs Keller gave a background report explaining how the idea for the Youth Advisory Board had been formed Motion by Mrs Keller for the adoption of Resolution 991, seconded by Mr Merkl, Motion by Mrs Worth to amend the Resolution to read "Be it further resolved that the original seven young people who initiated this effort be appointed to the Board for a period of three months, and after that that the Board be expanded to include people from all four Districts of the City" Motion as amended carried 7-1 with Mr West voting No Mayor Stites then introduced the new members of the Youth Advisory Board Ted Vasquez, Carma Vasquez, Judy Hackbirth, Audra Whitehead, Travis Vieira, Gavin Vieira, and Jeff Gibson CITY COUNCIL MINUTES lay 19, 1986 Page -4- Item 10 Resolution 993 - Authorizing membership in Sister Cities International Resolution 993 was introduced by Mrs Worth, title read by the Clerk Present and speaking in favor of Sister Cities International were Marilyn Slifka, 6490 W 44th Avenue, Brooke Schwardt, 9660 W 37th Avenue, and Erin Graham, 8888 W 37th Place Motion by Mrs, Worth for the adoption of Resolution 993, seconded by Mrs Ibbison, carried 7-1 with Mr West voting No ORDINANCES ON FIRST READING Item 5 Council Bill 248 - An Ordinance providing for the approval of rezoning from Agricultural-One and Residential-One to Residential One-A on land located at 11791 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-86-12) (Midwest Builders, Inc ) Council Bill 248 was introduced by Mr Davis, title read by the Clerk Motion by Mr Davis that Council Bill 248 be approved on first reading, ordered published, public hearing to be set for Monday, June 23, 1986 at 7 30 p m in the City Council Chambers, Municipal Bldg , and if approved on second reading take effect 15 days after final publication, seconded by Mr West, carried 8-0 Item 6. Council Bill 249 - An Ordinance providing for the approval of a Special Use Permit to allow Gasoline Sales in a Commercial-One Zone District on land located at 4795 Kipling Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-86-7) (Royal Petroleum, Inc ) Council Bill 249 was introduced by Mrs Ibbison, title read by the Clerk Motion by Mrs Ibbison that Council Bill 249 be approved on first reading, ordered published, public hearing to be set for Monday, June 23, 1986 at 7 30 p m in the City Council Chambers, Municipal Bldg , and if approved on second reading to take effect 15 days after final publication, seconded by Mr West, carried 8-0 Item 7 Council Bill 250 - An Ordinance amending the Code of Laws of the City of Wheat by revising certain sections of Chapter 2 and Chapter 18 thereof, relating to the Civil Service Commission's Authority and Duties regarding the hiring of Entry Level Employees of the Police Department Council Bill 250 was introduced by Mr Merkl, title read by the Clerk Motion by Mr Merkl that Council Bill 250 be approved on first reading, ordered published, public hearing to be set for Monday, June 23, 1986 at 7 30 p m in the City Council Chambers, Municipal Bldg , and if approved on second reading to take effect 15 days after final publication, seconded by Mrs Worth, carried 8-0 CITY COUNCIL MINUTES "1ay 19, 1986 Page -5- DECISIONS, RESOLUTIONS, AND MOTIONS Item 9 Resolution 992 - authorizing use of the Public Right-of-Way by the Wheat Ridge Carnation Festival, Inc , to post signs exempt from regulation advertising the Wheat Ridge Carnation Festival Resolution 992 was introduced by Mr Merkl, title read by the Clerk. Motion by Mr Merkl for the adoption of Resolution 992, seconded by Mr West Mr FIasco stated that he would be voting No because it is dangerous to be exempt from ones own laws Motion carried 7-1 with Mr FIasco voting No Item 11 Discussion regarding the re-passing of the original Inducement Resolution 977 by Foothills Medical Center (PAB-86-1) Maurice Fox, Attorney for the applicant, was present and spoke in favor of re-adopting this Inducement Resolution Discussion followed Resolution 977 was re-introduced by Mr Merkl Motion to re-adopt Resolution 977 by Mr Merkl, seconded by Mr Davis, carried 7-1 with Mr West voting No Item 12 Motion by Mrs Ibbison that the City Council accept the attached correction deed from Roxy Vendena for dedication of Ingalls Street, seconded by Mr West, carried 8-0 CITY ATTORNEY'S MATTERS City Attorney John Hayes refered to three handouts that he had given to Council before the meeting One was the dismissal of the alleged liquor violation against the Rockette Bar Since the case was dismissed at District Court, he advised Council to also dismiss their complaint in Wheat Ridge, since we could not prove a violation of the Liquor Code Motion by Mr Merkl that after adjournment we adjourn into the Liquor Licensing Authority meeting to discuss the Rockette Bar Case, seconded by Mrs Keller, carried 7-1 with Mr Davis voting No The second handout concerned the lawsuit by AT&T, and the third was John Hayes' letter to the Courier Attorneys John Hayes also recounted that Wheat Ridge's Satellite Dish Ordinance had been featured in one of the Attorney publications He reported that the City won the Eckland case on Summary Judgements, he also stated that the closing, on the 38th and Parfet property would be at 3 00 p m. on Wednesday At this time no written release has been received from Bailey Construction Company but the earnest money was returned and the check was cashed, all other conditions, other then receiving the release from David Bailey Construction Company, had been met Motion by Mr Merkl to authorize the Mayor to sign an extension until June 10,1986, seconded by Mr Johnson, carried 8-0 CITY COUNCIL MINUTES 1ay 19, 1986 Page -6- ELECTED OFFICIALS' MATTERS Mrs Keller asked Mr Palmer to check into the cost and possibility of installing a flashing light on 44th Avenue by the swimming pool crossing Mayor Stites asked Mr Palmer to ask Mr Minetor look into this Mr Davis asked Mr. Palmer if we had a record of all the speeding tickets written on 44th Avenue, maybe we should look into the area of stiffer fines and put some pressure on the Court for substantial fines for speeders along 44th Avenue Mr Merkl's concerns were the weeds at City Hall He also had been looking at our City Parks and stated that the grass under the picnic tables is so long that one can't sit there, the parks are in terrible shape and he thinks that we should get everybody in Parks out of the office to clean up the parks They are a disgrace to the City of Wheat Ridge Mr West asked regarding dog owners walking their dogs about cleaning up after their dogs Motion by Mrs Worth to adjourn, seconded by Mr Davis, carried 7-1 ADJOURNMENT Meeting adjourned at 10 10 P m -- '" \ "'\ - ~ ''''\-=- ~ ''''''---- - - - - - Christa Jones, D~uty City Clerk APPROVED BY CITY COUNCIL ON JUNE 9, 1986 BY A VOTE OF ~ TO ~ / A~~>(.-,.-;l If l-:o:~~~______ Kent Davis, Council President