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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 ~~ . , . - .."-' ~ ~~----- Wanda Sang, City ~erk APPROVED BY CITY COUNCIL ON JULY 14, 1986 BY A VOTE OF -~ -~._- TO o ) I l- / , ......- ~--'" .~-~ . "~ ~// LA" "'-<"---1--_ Kent Davis, Council President