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Home My WebLink About06/09/1986 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO June 9,1986 The City Council ~eeting was called to order by the ~ayor at 7 30 p m Councilmembers present ~ent Davis, Tony FIasco, Doris Ibbison, Roa Johnson, Larry Merkl, hoe keller, Randy West, and Claudia Worth Also present City Clerk, Wanaa Sang, City Administrator, Tom Palmer, City Attorney, John ~ayes, Public ~orks Director, Ric hinetor, Director of Planning, Glen Gidley, staff, and interestea citizens APPROVAL OF hINUTES of May 19, 19&6 ~ 0 t i 0 r b y t'J r s seconded by Mr Ibbison for the approval of the I'Jinutes of 1'1ay 19, 1986, ~est, carried &-0 CITIZENS' RIGHTS TO SPEAK Cal~~, 11755 ~ 30th Place, was here on behalf of Festival of the ~est, which will take place on July 3 & 4, and he invited Council ~ayne Moore, 4376 Garrison Street, subnlitted a petition to Council regarding 44th Avenue He would like 44th Avenue to have 2 lanes with median strip Roberta FIasco, 4440 heed, thanked Council for making 44th Avenue 4 lanes, stated it is easier for their neighborhood to get onto 44th Avenue Richard Clark, 4321 Moore Street, stated 44th Avenue is now a pleasure to drive, traffic moves Cindy Shaw, 4276 Garland Street, represEnting Pennington PTA, feels 4 lanes endanger school children, asked for reconsideration on striping Frank Millis, Sr , 4460 Balsam Street, asked for 3 lanes on 44th Avenue Irving-B-oach, 4411 balsam Street, also wants 3 lanes on 44th Avenue Phil Edwards, 11297 W 44th Ave, feels 4 lanes is the best thing that ever happened to 44th Avenue Bob Eiddinger, 3840 Estes Street, on behalf of Wheat Ridge Today and Tomorrow, whole-heartedly endorses 4 lanes George Graul, 4200 Yarrow Street, spoke in favor of 44th Avenue being 4 lanes Stephen Benne t t, 3030 U phani Street, concur s wi th 44 th A venue be ing 4 lanes CIT~ COU~CIL MINUTES June 9,1986 Page -2- Charles Jones, 4560 Allison, wants 44th Avenue to continue to be 4 lanes Kay Ore, 10565 ~ 41st Avenue, also likes 44th Avenue as 4 lanes, feels this issue is a political football Robert Lasher, 4599 Carr Street, is in favor of 44th being 4 lanes Pat Garrity, 3315 Marshall Street, commended Council for having 4 lanes LaDonna Bahr, 4375 Balsam, does not like 44th Avenue being 4 lanes Motion by Mrs Keller to have a Study Session in July or August for how to control traffic and speed, seconded by Mrs Worth, Failed 2-6 with Councilmembers Keller and Worth voting yes I ten; LOCAL LIQUOR LICENSING AUTHORITY MATTERS Application for Transfer of Ownership from National Convenience Stores, Inc , dba Shop N Go Market No 957, 5990 ~ 38th Avenue, to Circle K Convenience Stores Inc , dba Circle K #3879 This is a Class J-1, 3 2% Beer Retail License John Strombaker was present for the applicant Motion by Mr ~est to approve the Transfer of Ownership from National Convenience Stores, inc , dba Shop N Go Market No 957, 5990 W 38th Avenue, to Circle K Convenience Stores, Inc , dba Circle K #3879 This is a Class J-1, 3 2% Beer Retail License, seconded by Mr Merkl, carried 6-0 Mrs Ibbison and hr FIasco abstained as they weren't present Item 2 Application for a Special Events Permit for Sts Peter ana Faul Church for the dispensing of 3 2% Beer on 6/28/86 fron, 2 00 p m to 12 00 midnight, and on 6/29/86 from 12 00 noon to 11 00 pm, in the school yard, and wine on 6/29/86 from 12 00 noon to 7 00 pm, in the church basement, at 3900 Pierce Street Motion by Mr Merkl to approve the Special Events Permit for Sts Peter and Paul Church, at the location of 3900 Pierce Street, ~heat Ridge, to dispense 3 2% beer on 6/28/86 from 2 00 p m to 12 00 midnight, and on 6/29/86 from 12 00 noon to 11 00 pm, in the school yard, and wine on 6/29/8b from 12 00 noon to 7 00 pm, in the church basement, seconded by fv:rs Ibbison, carried 8-0 Item 3 Application for a Special Events Permit for UFCh, Local 7, 7760 ~ 38th Avenue, for the dispensing of malt, vinous and spirituous liquor on 6/20/86 from 5 00 P ill to 6/21/86, 2 00 a m at their property on 7760 ~ 38th Avenue Motion by hr FIasco to postpone this item from June 9 to whenever they apply again, seconded by fvr hest, carried 8-0 CITY COUNCIL MINUTE~ June 9, 1S86 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING I telil 4 Public cOllillients, su~~estions, and requests on the 1987 City Budget I tern 5 There was no one present to speak I tenJ 6 Council Bill 241 - An Ordinance providing for the approval of' rezoning frolli Restricted-Commercial to Commercial-One on land locatea at 6601 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-86-4) (Michael Jens for Total Petroleulli, Inc Council Bill 242 - An Ordinance providing for the approval of a Special Use Permit to allow gasoline sales in a Commercial-One Zone on land located at 6601 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-86-4) (Michael Jens for Total Petroleum, lnc ) Council Bills 241 and 242 were introduced by Mr herkl on second readin~, titles read by the Clerk, Ordinance Numbers 664 and 665 assigneu Mr Gidley presented staff reports Michael Jens, 10700 E Dartmouth, was present to answer questions Motion by Mr Merkl that Council Bill 241 (Ordinance 664) be approved for the following reasons 1 The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is Jurisdiction to hear this case 2 The proposal is compatible with the aujacent commercial land uses and zoning 3 An existing six foot cedar fence provides sufficient buffering for the residents on the north 4 The applicant is trying to resolve a nonconforming situation 5 The proposal conforms to the Comprehensive Plan 6 All agencies replying to referrals have no concerns, seconaed by Mrs lbbison Alliendment by Mr West that Development be in accord with Exhibit 8, seconded by Mrs Keller, carried 8-0 Vote on motion as amended carried 8-0 Motion by Mr Merkl for the adoption of Council Bill 242 (Ordinance 665), seconded by Mr Johnson, carried 8-0 Item 7 I ten, 8 Council Bill 243 - An Ordinance providing for the approval of rezoning from Restricted-Commercial to Commercial-One on land located at 12300 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-86-5) (Michael Jens for Total Petroleum, lnc ) Council Dill 244 - An Orainance providing for the approval of a Special Use Permit to allow gasoline sales in a Commercial-Cne Zone on land located at 12300 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-S6-5) (Michael Jens for Total Petroleum, lnc ) CITY COUNCIL MINUTES June 9, 1986 Palse -4- Council 8ills 243 and 244 were introduced on second reading by hr Davis, titles read by the Clerk, Ordinance Numbers 666 and 667 assigned Applicant Michael ,lens was present and answered questions Motion by Mr Davis to approve Council Eill 243 (Ordinance 666) for the following reasons 1 The property is within the City of hheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case 2 The proposal is corr,patible with the adjacent commercial land uses and zoning 3 An existing six foot cedar fence provides sufficient buffering for the residents on the north 4 The applicant is trying to resolve a nonconforming situation 5 The proposal conforms to the Comprehensive Plan 6 All agencies replying to referrals have no concerns and the application conforms to the Fruitdale ~laster Plan With the followins condition Developnlent be in accordance with Exhibit "E", seconded by hr herkl, carried 8-0 hotion by Mr Davis to approve Council Eill 244 (Ordinance 667), seconded by ~r \<-;est, carried 6-0 hr Gidley asked that Itelli 10 be hearD before Item 9, as Council Bill 245 is a rezoning Item 10 Council Bill 245 - An Ordinance provioing for the approval of rezoning from Agricultural-One to Commercial-One on land located at the northeast and northwest corners uf West 1-70 Frontage Roaa North and Parfet Street, City of ~heat Riage, County of Jefferson, State of Colorado (Case No ~Z-86-10) (James Sullivan) Council Bill 245 was introduced by hrs Ibbison on second reading, title read by the Clerk, Ordinance Number 668 assigned Mr Gidley presented both Item 10 and 11 Present and sworn in by the Jvayor was applicant, James Sullivan, 1600 Stout Street Paul R Kruesi, 13950 Crabapple Road, Golden, owns property at 5040 Tabor Street, Wheat Ridge, and asked questions on where the road through the property will go Discussion followed Motion by Mrs Ibbison to approve Council Bill 245 (Ordinance 668) for the following reasons 1 Rezoning conforms to the Comprehensive Plan 2 The proposal, as conditioned, will be compatible with surrounding land uses and zoning Conditions A That a subdivision plat is approved for Parcel I prior to construction which address the various street related issues discussed by staff under Subsection II 8 Those street related issues not applying to Parcel I, shall be addressed by future Site Plan submittals B That the specific concerns of the various alsencies be met prior to, or with construction, where appropriate C That the Craig Chevrolet uevelopnlent Plan shall control the use ana design of the east 1/2 of Parcel I Any major changes in design of the 1/2 of Parcel I Any major changes in desibn or layout, or any changes in use, shall require Planning Commission and City Council approval as a rezoninb D That all lanu incluaeo in this rezoning not already includeu in the Craig Chevrolet Development Plan, must receive site plan approval, including specification of uses, by Planning Comnlission ana City Council prior to any change or use or development, seconded by Mr Davis CIT~ COUNCIL hINUTES June 9,1986 Page -5- hrs v.orth moved to amend that no outside P A systeru be usea, seconded by Mrs Keller, failed 2-6 with Councilmembers Keller and Worth voting yes Mr Hayes asked for language change on page 2 of the Ordinance, under Section 2 Condition 2 after "Site Plan approval" add "incluaing limitation of allowable uses", and take out "in use" and add "from the presently maintained use" Vote on original motion carried 7-1 with Mrs Worth voting No I tern 9 Approval of a Two-Lot Minor Subdivision on the northwest corner of West 1-70 Frontage Road North and Parfet Street (Case No MS-86-3) (James Sullivan) ~otion by Mr Merkl that Case No MS-86-3, be approved with the following conditions 1 The "Dedication Statement" on Page One of the Plat neeas to be corrected in order to conlply with the Subaivision Regulations 2 The Plat has dedications, and the Mayor's Certificate ana County Clerk's Certificate needs to be added to the Plat 3 The owner of the property (Public Service Company), needs to sign the Plat 4 An adaitional 5 feet needs to be deaicated along Parfet Street, which is a Collector Street 5 An acceleration/deceleration lane be deoicateo in addition to the 60 feet collector street 1-70 Frontage right of way 6 The following statement shall be added to the plat "Shoulo West 50th Avenue not be constructed as an arterial street connection to Kipling Street, 1-70 frontage Road will then be converted to arterial classification, with major connection to Kipling Street via the Public Service Company right-of-way to the east of Parfet Street If this occurs, the City agrees to vacate West 50th Avenue dedicated hereon and the Owner agrees to dedicate an additional 20 feet of right-of-way along the south side of this property, and th Owner furthermore agrees to move and re-develop landscaping, parking, and access at the Owner's expense 7 A final drainage plan must be approved by staff prior to any building permits being issued on this property 8 Bona fide letters of approval from the various affected irrigation ditch companies approving plans for the irrigation ditches must be received prior to final approval of this plat by City Council 9 That the developer pay a proportionate cost of all the abutting streets, seconded by Mr v.est After condition 5 be added "if required by State Highway Department" Motion carried 7-1, with Mrs Worth voting No Item 11 Council bill 246 - An ordinance providing for the approval of a Special Use Permit for Major Mechanical and Auto body repair for automobiles and small trucks on land locatea at the northwest corner of West 1-70 Frontage Road North and Parfet Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-b6-10) (James Sullivan) Council bill 246 was introduced on second reading by hrs Keller, title read by the Clerk, Ordinance 669 assigned Motion by Mrs Keller that Council Bill 246 (Ordinance 669) be approved for the following reasons ana conditions 1 Major mechanical and auto body repair is a normal accessory use to an auto dealership 2 The location and design of the facilities will mitigate potential off-site adverse effects Condition 1 That use and design of this site shall be in conformance with the Craig Chevrulet Levelopment Plan as.adopted by Case ~~ v.2-86-10, seconded by Mr West, carried 7-1 wlth Mrs Worth votlng No ---- CITY COUNCIL MINUTES June 9, 1986 Page -6- Item 12 Council Bill 247 - An Ordinance providing for the approval of a Special Use Permit to allow Major Vehicle Parking on land locatea at 9920 West 49th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-86-3) (Six~ence Inns of America) Council Bill 247 was introduced on secono reading by Mr herkl, title read by the Clerk hr Gidley presented the case Present ana sworn in by the Mayor was William E Ruff, representative of Sixpence Inns Discussion followed Motion by Mr Merkl that Council Bill ~47 be approved with the following conditions and stipulations 1 That only ten (10) major vehicle spaces will be permitted 2 That all major vehicles, including semi-tractors, but excluding semi-trailers, will be permitted 3 That the Special Use Permit shall be valid for only 12 months from the effective date of approval and the approval yearly by staff as long as nuisances haven't been created in the area based on complaints from surrounding area businesses and residents 4 That this approval not be considered a precedent for similar requests throughout the Kipling Activity Center as the area north of 1-70 is more suited for semi-truck traffic than the area south of 1-70 due to existing industrial uses and related truck traffic 5 That parking lot layout be in accordance with Staff's revision of Exhibit A, labled Exhibit B 6 That the split rail fence, berm and heavy landscaping with trees, as represented by hr Ruff, be installed 7 That truck tractors will not be permitted to sit and idle, seconded by Mr Davis hot ion by Mrs Worth to amend Ordinance not to allow repair or major cleaning of vehicles, seconded by Mr West, Failed 2-6 with Councilmembers hest and Worth voting yes kr hest will be voting No, because he does not want thru-truck-traffic in City of Wheat Ridge krs Keller will vote No, because she agrees with ~r West so far, also because she believes in the general goals and objectives of the Kipling Activity Center Master Plan Vote on original motion failed 4-4 with Councilmembers Ibbison, Johnson, Davis, and Merkl voting yes ORDINANCES ON FIRST READING Item 13 Council Bill 251 - An Ordinance adopting Subaivision hegulations for the City of Wheat Ridge as Appendix C to the Code of Laws of the City of Wheat Ridge Council Bill 251 was introduced by Mr Merkl on first reading, title read by Clerk, Motion by Mr kerkl that Council Bill 251 be approved on first reading, ordered published, public hearing be set for Monday, July 14, 1986 at 7 30 p m in City Council Chambers, hunicipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconded by Mrs horth, carried 8-0 CITY COUNCIL MINUTES June 9,1956 Page -7- Item 14 Council Bill 252 - An OrGinance providing for the approval of a Special Use Permit to allow Gasoline Sales in a Commercial-One Zone District on land located at the Northwest Corner of ~est 44th Avenue and Holland Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-bb-11) (~eridian Land Company) Council Bill 252 was introduced by Mr Davis on first reading, title read by Clerk, Motion by Mr Davis that Council bill 252 be approved on first reading, ordered published, public hearing be set for Monday, July 14, 1966 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approvea on second reading, take effect 15 days after final publication, seconded by Mr West, carried 0-0 DECISIONS, RESULUTIONS, AND MOTIONS Item 15 Decision regaraing Smoking in City Facilities ~otion by Mrs Keller for the approval of Smoking Policy, seconded by ~r West, carried 8-0 item 16 Resolution 944 - A Resolution authorizing the allocation and transfer of forty per cent (40%) of the Lodgers Tax in lieu of the City Sales Tax to the Kipling Activity Center of the Wheat Ridge Urban Renewal Authority and authorizing the execution of the attached amendment to Intergovernmental Agreement Resolution 944 was introduced by ~r Discussion followed Motion by Mr 944, seconded by Mr Nerkl, carried FIasco voting No Johnson, title read by the Clerk Johnson for aUoption of Resolution 6-2 with Councilmembers West and Item 17 Resolution 945 - A fiesolution authorizing reinibursenient from the City of Wheat Ridge's Attributable Share of the Jefferson County Open Space Fund for Parks and Open Space Development fiesolution 945 was introduced by ~rs Ibbison, title read by the Clerk ~otion by Mrs Ibbison for the adoption of Resolution 945, seconded by ~Jr We s t, car r i ed 8- 0 Item 18 CONSENT AGENDA A Resolution 946 - A Resolution authorizing reimbursement from Jefferson County's Attributable Share of the Jefferson County Open Space Fund for Parks and Open Space Acquisition at 38th Avenue and Owens and Parfet Streets CITY CGUNCIL MINUTES June 9, 1956 Page -6- E Motion to award the contract for the specified computer hardware and software package to the Interlink Group in the total amount of their bid of $10,640 00 and that all costs be charged as follows Account No Account No Account No Account No 19-120-802 19-121-802 19-122-502 19-123-802 $3,000 00 $3,500 00 $3,000 00 $1,14000 C Motion that the Mayor be authorized to execute the Contract for professional Services between the City of Wheat Ridge and the Interlink Group, as submitted, with all costs to be charged to Account No 121-750 D Motion to award the contract for the 44th Avenue Reconstruction Project, Schedule V to Wycon Construction Company in the total amount of their bid of $704,051 10 plus a 15% contingency for a total of $809,659 00, and that the Director of Public Works be authorized to sign all change orders Further motion to approve a force account of $40,000 00 for all work required by others necessary for this project, and that all costs for this project be charged to Account No 31-303-853 E Motion that the West 26th Avenue Reconstruction Project from Wadsworth to Pierce be awarded to Siegrist Construction Company in the amount of their alternate bid of $553,517 95 plus a 10% contingency for a total cost of $608,870 00, and that the Director of Public Works for the City of Wheat Ridge be authorized to sign all change orders after mutual consent with the City of Lakewood Further motion to approve a force account of $27,676 00 for work required by others necessary for this project As the City of Wheat Ridge share of these total costs if fifty per cent (50%), further motion that Escrow Account No 31-580-588 be established into which the City of Wheat nidge and the City of Lakewood will contribute $318,273 00 each for a total Escrow Account of $636,546 00 All costs will be charged against Account No 31-303-830 All remaining funds after final receipt has been signed by the contractor shall be divided evenly between the two cities F Notion to approve the purchase of the Mauldin 4000 Compact Roller per attached specifications from Booth Rouse Equipment Company for the total amount of their bid of $7,244 00 All costs to be charged to Account No 19-303-807 CITY COU~CIL hINUTES June 9,1966 Page -9- G hot ion to approve the purchase of Pavement Tape Products in the amount of $10,598 72 from 3M Corporation as sole qualified supplier All costs to be char bed to Account No 304-660 H Motion tu approve agreements between the City of hheat Ridge and Valley Water District and the City of Fruitdale Sanitation District as part of our hest 44th Avenue Reconstruction Project between Young field Street and Tabor Street I Motion that the along the frontage to the owners ~ L strip of of 11680 and K L land described in West 44th Avenue, Johnson Exhibit "A", be quit clairlJed J Motion that $2,000 00 be transferred from Unallocated Fund, Account No 01-607-795, to the City Clerk's Recording Fune, Account No 108-715 Mr FIasco asked to IJull Items B C J Motion by ~,r hest for the approval of Items A , D , E , F , G , H , I , seconded by Mr Merkl, carried 0-0 Mr Gidley eXIJlained Item b Vote on Items 1 and C carried 8-0 Motion by Mr FIasco to suspend Rules and go past 11 00 IJ m and finish the Agenda in its entirety and include City Attorney, City Administrator, and Elected Officials Matters, seconded by Mrs Worth, carried 8-0 Discussion on Item J Carried 8-0 Clerk explained why the money was needea CITY ATTORNEY'S MATTEnS Mr Hayes asked for Executive Session under Section 5 7 1 1 (a) of Charter to discuss legal matter ~otion by Mrs Keller to hold Executive Session, seconded by Mr Merkl, carried 8-0 ELECTED OFFICIALS' MATTERS Doris Ibbison wants publicity about the height of visual obstruction at intersections, remind people the shrubbery height lilliit is 42 inches Moe Keller stated that the Playground area at Wheat Riege Park needs to be cleaned up, weeds cut, etc ; asked Mr Minetor to updaLe Council on flashing 1 i gh ts at 44 th & Field Mr ~j inetor stated that we have permission to use Public Utility poles on either side of cross walk Larry Merhl asked Mr Palmer to have the broken arlli on his Council chair fixed, addressed Rock Gilhouse property ana suggested since there is a legal hang up with Rock property, to go aheaa and purchase the Gilhouse property for picnic area Mr Hayes statea he will be in contact with all respective attorneys this week CITY COUNCIL ~INUTES June 9, 1956 Page -10- Randy West audressed increasing sales tax and ask eo consensus for this discussion on July or August Study 8ession ~ayor Stites stated time to discuss this is at budget tiole Council concurred Tony FIasco addressed 44th Avenue construction problem with right-of-ways Notion by hr FIasco that the current appraisal contract with JirJJ OvercaoJp and Associates, for the 44th Avenue -Youngfield to Tabor- project, be revised to an aggregate total of all work not to exceed $9,800 All other terms and conditions of the contract will remain in effect I further move the hayor be authorized to sign the attached contract revision, seconded by Mrs Worth, carried 8-0 ~r FIasco also mentioned the memo from ~r hinetor on 44th Avenue delay until August 7, stated project will go into winter months ~r Minetor stated that all detours will be on asphalt ~ot ion by ~J rs Worth to adj ourn, seconded by hr Wes t, car r ied 80 ~ e e tin gad j 0 urn e d at 1 1 1 5 P OJ ExECUTIVE SESSION WAS HELD - (/ h:Jhitf;tL~jreFk - -- - - - - - -- APPROVED BY CITY COUNCIL ON JUNE 23, 1986 BY A VOTE GF L-- TO ~_ ----~-LJ~~m___ __ Kent Davis, Council President