HomeMy WebLinkAbout06/23/1986
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE. COLORADO
June 23. 1986
The City Council Meeting was called to order by the Mayor at 7 30 p m
Councilmellibers present Kent Davis, Tony FIasco, Doris Ibbison, Rod
Johnson, Larry Merkl, Moe Keller, and Claudia worth Randy West was
absent, he was out of town Also present City Clerk, Wanda Sang, City
Administrator, Tom Palmer, City Attorney, John Hayes, Public works
Director, Ric Minetor, Director of Community Development, Charles
Stromberg, Chief of Police, Howard Jaquay, Director of Planning, Glen
Gidley, staff, and interested citizens
APPROVAL OF MINUTES of June 9, 1986
Motion by Mr Davis for approval of the Minutes of June 9, 1986,
seconded by Mrs Keller, with the correction that under Item 12 the
Motion was made by Mr Merkl and not by Mrs Keller, carried 7-0
CITIZENS' RIGHTS TO SPEAK
Dick Ward, 4690 Robb Street, asked permission of Council to bid contract
on slurry seal even though he is not pre-qualified Discussion
followed Mr Merkl stated they will discuss this under Elected
Officials' Matters
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
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 on second reading by Mr Davis, title
read by the Clerk, Ordinance No 670 assigned Mr Gidley presented the
case and asked to present Case #WS-86-1 (Item 2) along with it
Representing the applicant and sworn in by Mayor was Lee Gillian, 6065
Xenon Tom Reck, 11591 W 39th Place, voiced his objections to the
development with concerns on drainage He also addressed the large
cottonwood tree on the site, wants it preserved Discussion followed
Motion by Mr Davis that Council Bill 248 (Ordinance 670) be approved on
second reading for the following reasons and with the conditions stated
Reasons 1 There is jurisdiction to hear this case 2 The proposal
complies with the Comprehensive Plan 3 The proposal is compatible
with adjacent uses and zoning 4 The agricultural character of this
neighborhood has changed to low density residential Condition 1
That this parcel be limited to 52 residential building lots, seconded by
Mr Merkl, carried 7-0
City Clerk, Wanaa Sang, informed Council that Mr West had left votes on
Items 1 through 5 Mr Hayes stated that votes on Public Hearings have
to be based on eVidence produced at hearings and he would not allow the
Mayor to accept votes that were made before hearing the evidence
CITY COUNCIL MINUTES
June 23, 1986
Page -2-
I tern 2
Application by Midwest Builders, Inc , for approval of a
Combined Preliminary and Final Subdivision Plat for 52 single
family building lots in a Residential One-A (R-1A) zone
district on property located at approximately 11791 West 38th
Avenue.
(Case No WS-86-1) (Midwest Builders, Inc )
Motion by Mr Davis that Case No WS-86-1 be approved for the following
reason and with the stated conditions
Reason 1 All requirements of the Subdivision Regulations and Zoning
Ordinance have been met Conditions 1 That the plat revised to show
a 5 foot wide sidewalk, detached from back of curb by a 5 foot planting
strip Any additional land needed to accommodate this detached
sidewalk, should be indicated as a "Sidewalk Easement" on the Plat 2
That if possible and reasonable, and with final decision by the Public
Works Director, that the large Cottonwood tree on West 38th Avenue be
preserved This may entail design modification to West 38th Avenue and
the Subdivision Plat layout which should occur prior to recording of
this plat. (THAT CONDITION 2. WAS ELIMINATED) 2 That the other trees
within the subdivision be preserved as much as possible 3 That the
irrigation laterals be piped or eliminated 4 That the concern of the
rear lots possibly having to be sub-standard in terms of setbacks, etc,
be worked out before it comes back to Planning Commission for final
approval It may be possible that certain street re-alignments could
solve some of that situation to be worked out between staff and
developer before final approval 5 Prior to issuance of building
permits, a final design of the storm sewer outfall and related
structures must be approved by Public Works 6 That the final design
of the pedestrian path from Simms Street down to the greenbelt be
submitted for review and approval by staff prior to construction 7
That all public improvements, utilities, irrigation ditch improvements,
and pedestrian path construction be completed prior to issuance of the
first Certificate of Occupancy for any lot within this subdivision,
seconded by Mr Johnson Amendment to the Motion by Mr Merkl that
under condition 1 "decorative brick strip" be inserted instead of
"planting strip" Motionmaker and second accepted this a part of the
original motion Amendment by Mrs Worth that developer put trees along
back of property line to replace cottonwood tree, seconded by Mrs
Keller Mr Flasco will vote No, because homeowners may not like the
trees that the developer plants and will cut them down anyway, Amendment
failed 3-4 with Councilmembers Keller, Worth, and Johnson voting yes
Vote on original motion carried 7-0 Discussion followed Motion by
Mr Davis to amend previous motion to eliminate condition 4 as staff
and developers have already worked those concerns out, seconded by Mr
Merkl, carried 7-0
CITY COUNCIL MINUTES
June 23, 1986
Page -3-
Item 3. A
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 )
B
Application by Royal Petroleum, Inc , for site plan approval
for development in the Kipling AI tivity Center
(Case No WSP-86-1) (Royal Petroleum, Inc )
Items 3 A and B
titles read by the
items indefinitely
carried 7-0
were introduced on second reading by Mrs Ibbison,
Clerk Motion by Mrs Ibbison to postpone these
at applicant's request, seconded by Mrs Keller,
I tern 4
Application by Supreme Enterprises, Inc , for approval of a
replat and an amendment to the Independence Park Planned
Commercial Development final development plan for property
located at approximately 4950 Independence Street
(Case No WZ-85-11) (Supreme Enterprises, Inc )
Mr Gidley presented the case Present and sworn in by the Mayor were
William L. Rogers, 4400 Independence, Evergreen, Tracy Jones, 5099
Garrison, Clyde Ebbs, Supreme Enterprises Mr Rogers stated that he is
impressed by the plan and approves Mr Jones stated he did not receive
any certified knowledge of development He is in favor of the
development with reservations, wants limit of access to Garrison Lakes,
wants temporary barrier between Garrison Lakes and Development during
construction Developer stated that this is no problem Discussion
followed Motion by Mr Merkl that Case No WZ-85-11 be approved for
the following reasons 1 All requirements of the Zoning Ordinance and
Subdivision Regulations have been met 2 The proposed amendment will
not intensify the use or increase the floor area as approved originally
3 The proposed architectural style is residential in nature and is
similar in appearance to the adjacent condominiums With the following
conditions 1 Parks Department be allowed to review final designs for
the park 2 Sheet 6 be revised to reflect the revised drainage plan
3 No permits for new construction be issued until all drainage
improvements are completed and approved, seconded by Mrs Ibbison,
carried 7-0
Item 5
Council Bill 250 - An Ordinance amending the Code of Laws of
the City of Wheat Ridge 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 on second reading by Mr Merkl, title
read by the Clerk, Ordinance No 671 assigned Present and sworn in by
the Mayor was Louis Fasulo, 4230 Balsam Street, Chairman of the Civil
Service Commission He stated the commission approves of this
Ordinance Motion by Mr Merkl for the adoption of Council Bill 250
(Ordinance 671),-Seconded by Mr Davis, carried 7-0
CITY COUNCIL MINUTES
June 23, 1986
Page -4-
ORDINANCES ON FIRST READING
Item 6. Council Bill 253 - An Ordinance repealing and reenacting
Sections 1-6, 2-14 5, 2A-5, 3A-13, 5-29, 9-1, 9A-15, 11-11,
12-5, 13-8, 14-69(b), 18-58, and Section 32 of Appendix A, of
the Code of Laws of the City of Wheat Ridge, all such sections
relating to penalties, by extending the maximum possible period
of imprisonment from ninety (90) days to one-hundred-eighty
(180) days
Council Bill 253 was introduced by Mr Johnson on first reading, title
read by Clerk, Motion by Mr Johnson that Council Bill 253 be approved
on first reading, ordered published, public hearing be set for Monday,
July 28 , 1986 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect 1 day after final
publication, seconded by Mr Merkl, carried 7-0
I tern 7
Council Bill 254 - An Ordinance amending the provisions of the
Wheat Ridge Code of Laws relating to the parking of Major
Vehicles, specifically Section 12-2 of the Code of Laws, and
Sections 18 and 19 of Appendix A of the Code of Laws, to
provide for an exemption from the provisions prohibiting
parking of charter or tour buses or U-haul or similar rental
trucks and/or rental trailers
Council Bill 254 was introduced by Mrs Keller on first reading, title
read by Clerk, Motion by Mrs Keller that Council Bill 254 be approved
on first reading, ordered published, public hearing be set for Monday,
July 28 , 1986 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect 1 day after final
publication, seconded by Mrs Ibbison, carried 7-0
Item 8
Council Bill 255 - An Ordinance vacating certain real property
previously conveyed to the City for Street Purposes
Council Bill 255 was introduced by Mr FIasco on first reading, title
read by Clerk, Motion by Mr FIasco that Council Bill 255 be approved on
first reading, ordered published, public hearing be set for Monday, July
28 , 1986 at 7 30 p m in City Council Chambers, Municipal Bldg , and if
approved on second reading, take effect 1 day after final publication,
seconded by Mrs Worth, carried 7-0
Item 9
Council Bill 256 - An Ordinance providing for the approval of
rezoning from Agricultural-One to PlanneQ Commercial
Development and for approval of an Outline Development Plan on
land located at 4549 Tabor Street, City of Wheat Ridge, County
of Jefferson, State of Colorado
(Case No WZ-86-8) (James Huff)
Council Bill 256 was introduced by Mr Merkl on first reading, title
read by Clerk, Motion by Mr Merkl that Council Bill 256 be approved on
first reading, ordered published, publi hearing be set for Monday, J~ly
14, 1986 at 7 30 p m in City Council Chambers, Municip~l Bldg ,.and.lf
approved on second reading, take effect 15 days after flnal publlcatlon,
seconded by Mr Johnson, carried 7-0
CITY COUNCIL MINUTES
June 23, 1986
Page -5-
Item 10 Council Bill 257 - An Ordinance providing for the approval of
rezoning from Rpsidential-Two to Planned Commercial Development
and for the approval of an Outline Development Plan on land
located at 8506 and 8590 West 38th Avenue, City of Wheat Ridge,
County of Jefferson, State of Colorado
(Case No WZ-86-9) (Foothills Medical Associates, Inc )
Council Bill 257 was introduced by Mrs Ibbison on first reading, title
read by Clerk, Motion by Mrs Ibbison that Council Bill 257 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, Municipal Bldg ,
and if approved on second reading, take effect 15 days after final
publication, seconded by Mr FIasco, carried 7-0
Item 11 Council Bill 258 - An Ordinance providing for the approval of
rezoning from Agricultural-One, Residential-Two and
Residential-One A to Hospital-One and Residential-One A on land
located at 8900 West 38th Avenue, City of Wheat Ridge, County
of Jefferson, State of Colorado
(Case No WZ-86-13) (Richard Hampleman)
Council Bill 258 was introduced by Mr Davis on first reading, title
read by Clerk, Motion by Mr Davis that Council Bill 258 be approved on
first reading, ordered published, public hearing be set for Monday, July
28, 1986 at 7 30 p m in City Council Chambers, Municipal Bldg , and if
approved on second reading, take effect 15 days after final publication,
seconded by Mrs Ibbison, carried 7-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 12. Resolution 997 - amending Resolution 940 approving the
revision of the Kipling Activity Center Urban Renewal Plan and
Area
Resolution 997 was introduced by Mrs IbbisolJ, title read by the Clerk
Motion by Mrs Ibbison for the adoption of Resolution 997, seconded by
Mr Merkl, carried 8-0 (Mr West left vote)
Item 13
Resolution 998 - amending the City Budget for the Fiscal Year
1986
Resolution 998 was introduced by Mr
Motion by Mr Merkl for the adoption
Keller, carried 7-0
Merkl, title read by the Clerk
of Resolution 998, seconded by Mrs
Item 14. Resolution 999 - adopting 1985 Uniform Fire Code in the
Fairmount Fire District
Resolution 999 was introduced uy Mrs Ibbison, title read by the Clerk
Mike Avery of Fairmont Fire District was present Discussion followed
Mr Hayes suggested to add "5 Section of Fire Code 2 101 as amended by
City of Wheat Ridge will be applicable to Fairmount Fire District"
Motion by Mrs Ibbison for the adoption of Resolution 999 with added
Section 5 , seconded by Mrs Worth, carried 7-0
CITY COUNCIL MINUTES
June 23, 1986
Page -6-
Item 15. Motion by Mr Merkl to approve the joint use easement through
Newgate in Wheat RiJge and that payment be made from Account
No. 31-303-854 and that the said account be credited with
payment from the utilities Valley Water District and Fruitdale
Sanitation District, seconded by Mr Johnson, carried 8-0
(Mr. West left vote)
CITY ADMINISTRATOR'S MATTERS
Mr Palmer addressed memo on picnic--has been postponed to a later date
due to new sod and mud at park
ELECTED OFFICIALS' MATTERS
Mrs Keller announced that the City now owns a section of the Brown
property through the Greenbelt and wants to continue and pave walkway
Consensus of Council was for the continuance of walkway
Mr Johnson stated he had the opportunity, while at CML Conference, to
go through Planning Department Computer System, which was on display
Mr Merkl stated the bidding policy is very good Mr Ward's bid packet
did not include any guarantee that Mr Ward is bondable at this time He
suggests Mr Ward get pre-qualified so he can bid on project in 1987
Motion by Mr Merkl to re-affirm our bidding policy, all bidders be
pre-qualified and no exceptions be made, seconded by Mr Johnson,
carried 6-1 with Mrs Worth voting No
Mr Merkl addressed a letter Mrs Worth had sent out on City Letterhead
stationary to all people that spoke at the last Council Meeting
regarding 44th Avenue, stating the issue is not dead A number of years
ago policy was set, once City Council has made a decision, that if a
member of Council disagrees, and wants to change that decision, they can
write all the letters they want, but they can't send them on City
stationary He moved to re-affirm that policy, seconded by Mr FIasco
Mrs Worth stated she was not aware of pOlicy, nothing had been in
writing for new Councilmembers (policy), she would not make the same
mistake twice and still felt the safety issue of 44th Avenue was not
dead
Mr Merkl addressed street sweeping--if cars are parked on streets, the
sweeper goes around them He had Public Works look into advance signs
to put up before the streets are to be swept, would cost about $8,000,
felt this would alleviate the delays and problems of sweepers going
around cars
He also addressed the Rock Gilhouse property Motion by Mr Merkl to
direct City Attorney, Parks Department, and Jefferson County Open Space,
to purchase the Gilhouse property, seconded by Mr Johnson, carried 6-1
with Mr Davis voting No
CITY COUNCIL MINUTES
June 23, 1986
Page -7-
Mr FIasco re-affirmed what Mr Merkl said about street sweeping and see
it is enforced after chip seal program
Mrs Worth asked Mr Hayes about subdivision regulations about tree
planting Mr Hayes stated subdivision has to comply with regulations
Motion by Mrs Worth that the City Clerk's Office use a volunteer to
research the minutes since 1969 and come up with packet of policies for
Council, so Council knows what policies are Motion died for lack of
second
Meeting adjourned at 10 10 P m
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Wanda Sang, City ~erk
APPROVED BY CITY COUNCIL ON
JULY 14, 1986 BY A VOTE OF
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Kent Davis, Council President