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HomeMy WebLinkAbout04/24/1989 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO April 2~, 1989 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Kent Davi~, Tony Flasco, Doris Ibbison, Larry Merkl, Moe Keller, Nancy Snow, Raniy West, and Claujia Worth Also present City Clerk, Wanda Sang, City Administrator, Mike Smith, City Attorney, John Hayes, Director of Planning & Development, Glen Gidley, staff, and interested citizens APPROVAL OF MINUTES of April 10, 1989 Motion by Mr seconded by Mr Davis for the ap~roval of the Minutes of April 10, 1989, West, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Wilde read the Proclamation for Municipal Clerk's Week - May 7 -13, 1989 into the recorj Mr FIasco recognized City Clerk, Wanda Sang, who is now serving as Presijent of the Colorado City Clerk's Association CITIZENS' RIGHTS TO SPEAK Jeannine Durst, 3076 Fenton Street, Wheat Riige, Safety Chairman of the Stevens Elementary School PTA, requestei the City to install flashing yellow lights at 38th Avenue and High Court to de'ignate the school zone Cheri Jahn, 3580 High Court, Wheat Riige, President of the Stevens Elementary PTA, submitted petitions from parent' in support of this flashing light Motion by Mr Merkl to suspend the Rules of Order and Procedure to introduce a Resolution, seconded by Mr West, carried 8-0 Resolution 1147 - A Resolution encouraging the installation of flashing school crossing lights - was introduced by Mr Merkl and read into the record by the Clerk Motion by Mr Merkl for approval of Resolution 1147, seconied by Mr FIasco Discussion followed Motion carried 8-0 CITY COUNCIL MINUTES April 24, 1989 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. A Council Bill 6 - An Oriinance providing for the approval of rezoning from Residential-One and Agricultural-One to Residential-une on lanj located at 11115 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-89-2) (Gerald Biehl) Council Bill No 6 was introduced by Mr Davis on second reading, title read by the Clerk, Ordinance No 788 assigned Mrs Snow will abstain from voting due to a conflict of interest Mrs Snow owns property immediately adjacent to the property sought to be rezoned and sub-iivided and will be speaking as a private citizen Mr Giiley presented Case UWZ-89-2 and Case #WS-89-1, an application for subdivision plat for Gerald Biehl and answered Council's questions Lee Fisher, 11301 W 40th Avenue, was sworn in by the Mayor and statei his problems with the recent survey Gerald Biehl, 11115 W 38th Avenue, was sworn in by the Mayor and stated he would give an ingress/egress easement at no charge Nancy Snow, 11155 W 40th Avenue, was background on how this all transpired pictures as Exhibit A sworn in by the Mayor and gave the Mrs Snow submitted three Discussion followed and all parties agreed that there will be an easement conveyed, which will match the existing City street It will be 25' in wiith ani south of where the existing easement is shown on map Motion by Mr Davis that Council Bill No b, Ordinance No 788, a request for approval of rezoning from Residential-One and Agricultural-One to Residential-One, be approved for the following reasons 1 The proposed rezoning is consistent with the Comprehensive Plan, 2 The proposed rezoning is compatible with adjacent zoning ani land use, ani 3 Staff and Planning Commission recommend approval, seconded by Mrs Keller, carried 7-0 B Application by Geralj Biehl for approval of a fifteen-lot subdivision plat at 11115 W 38th Avenue (Case No WS-89-1) Motion by Mr Davis that Case No WS-89-1, a request for approval of a fifteen-lot subiivision at 11115 W 38th Avenue, be approved for the following reasons 1 All requirements of the Subdivision Regulations have been met, and 2 Staff and Planning Commission recommend approval With the following coniitions 1 An amended plat be submittei for administrative review and recording should the northern boundary of the subiivision ever change CITY COUNCIL MINUTES: April 24, 1989 Page -3- 2 with 40th That a 25' easement also be recorded the parties, and so long as the 25' Avenue tG the west, seconded by Mrs on the plat in agreement easement abuts the existing W Ibbison, carried 7-0 Item 2. Council Bill No 8 - An Oriinance amending Section 27 of Appendix A, Zoning Uriinance, of the Code of Laws of the City of Wheat Riige, relating to Regulations applicable to all districts Council Bill No 8 was introduced on second reading by Mr Davis, title read by the ~lerk, Ordinance No 789 assigned Mr Giiley presented the case Discussion followed Dorothy Thompson, 3014 Chase Street, was sworn in by the Mayor and read letter into the record from Wheat Ridge United Neighborhoods suggesting changes to the Ordinance Louise Turner, 11256 W 38th Avenue was sworn in by the Mayor and added her suppGrt to the Wheat Ridge United Neighborhoods suggestions Motion by Mr Davis for the approval of Council Bill No 8, Ordinance No 789, with the following revisions that the words "36" high" fence be removed and "42" be inserted, and that under "Residential Group Homes", that "multiple sclerosis" be deleted and "neuromuscular diseases" be insertei, seconded by Mrs Keller Motion by Mr Obstructions Keller, Merkl that under Section 2, M Fences, Walls and to view. 2 "tree stem or" be deleted, seconied by Mrs Motion by Mrs Worth that unier Section 2, M 4 f the wording "Only in Agricultural One CA-l) zone iistricts" be changed to "only for Agricultural purposes", ~econdej by Mrs Snow, failed 4-4 with Mrs Snow, Mrs Ibbison, Mrs Worth and Mr West voting Yes Motion by Mrs Districts or in seconded by tvirs Snow to change the wording to "only in Agricultural the flood plain where other fences are not allowed", Keller, carried 7-1 with Mr Davis voting No Motion by Mrs Snow to insert under 4 c "chain link" with woven wire, secondei by Mr West, carried 8-0 Motion by Mrs Worth that under Section 2, M 4 f barbed wire 1 Only in Agricultural-OneCA-l) zone iistricts or in Residential or other zone districts for the containment of large animals as long as the barbed wire fence is placed 3' within an approved fence, seconded by Mrs Snow, carried 6-2 with Mr Davis and Mr Merkl voting No CITY COUNCIL MINUTES: April 24, 1989 -Page 4- Motion by Mrs Snow that under Page 10 i and Page 13 1 the sentence be changed to read "The home occupation may park no more than two cars ani one truck 0r van, used in the business ", seconded by Mrs Worth, carried 5-3 with Councilmembers Ibbison, Davis and Merkl voting No Motion by Mrs Worth that the woriing in Section 2, 0 include private roadways, drives and parking for single-family homes shall be exempt from paving requirements provided that 1 surfaces and all weather surface, 2 surfaces maintained, 3 surfaces adequate for use of emergency vehicles, seconded by Mr West, failed 3-5 with Councilmembers West, Worth and Snow voting Yes Mr Davis called for the questien, seconded by Mrs Ibbison, failed 4-4 with Councilmembers Ibbison, Davis, Keller and Merkl voting Yes Motion by Mrs Snow that on Page 12, 2 b it be changed to "one employee who does not resiie upon the premises" Motion failed for lack of second Motion by Mrs Snow that under R a be added "but in no event shall the remaining setback after the encroachment be less than 5'", seconded by Mrs Worth, carried 6-2 with Councilmembers Ibbison and Davis voting No Mrs Snow asked for a friendly amendment to Mr Davis' original motion that after B was taken out everything would be renumbered Mr Davis and seconi accepted this Motion by Mrs Snow to add others)", seconded by Mrs FIasco, Ibbison and Keller under 2 n (1) "(for hire or for sale to Keller, failed 4-4 with Couneilmembers Snow, voting Yes Original Motion with amendments carried 7-1 with Mr Davis voting No Item 3~ Council Bill No 9 - An Ordinance amending Section 28 of Appendix A, Zoning Ordinance, of the Code of Laws of the City of Wheat Riige, relating to Definitions Council Bill No 9 was introduced on second reading by Mr Merkl, title read by the Clerk, Ordinance No 790 was assigned Mr Gidley presented the case Dorothy Thompson, read one suggestion for change Motion by Mr Merkl for the adoption of Ordinance No 790, seconiei by Mrs Keller CITY COUNCIL MINUTES April 24, 1989 Page -5- Motion by Mrs Worth to amend Oriinanee adied to Section 28, Subsection 2 #49 ing setbacks the story shall be defined N~ 790,that the following be " for the purpose of calculat- as 10'", seconied by Mrs Snow Discussion followei Mr Merkl called for the question, secondei by Mr Davis, carried 7-1 with Mrs Snow voting No Vote on amendment failed 3-5 with Councilmembers West, Keller and Worth voting Yes Call for the question by Mr Merkl on the original motion, secondei by Mr Davis, carried 6-2 with Mrs Snow and Mrs Worth voting No Vote on original motion carried 7-1 with Mrs Snow voting No Motion by Mr Merkl to suspend the Rules ani go past 11 00 P M seconded by Mrs Keller, carried 5-3 with Councilmembers Snow, Davis voting N@ , West '3nd ORDINANCES ON FIRST READING Item 4. Council Bill 13 - An Ordinance ajopting and enacting a revised Code of Laws of the City of Wheat Ridge, Colorado, providing for the repeal of certain ordinances not includei therein, providing a penalty f@r the violation thereof, providing for the manner of amending such code, and provijing when such code and this ordinance shall become effective Council Bill 13 was introduced by Mr Merkl on first reading, title read by the Clerk Motion by Mr Merkl that Council Bill 13 be approved on first reading, ordered published, public hearing be set for Monday, May 22, 1989 at 7 30 p m in City Council Chambers, Municipal Blig , and if approved on second reaiing, take effect June 1, 1989, seconded by Mrs Keller, carried 8-0 Item 5. Council Bill 14 - An Ordinance vacating a portion of dedicated West I-70 Frontage Road North (also known as W 48th Avenue), within the City of Wheat Ridge, County of Jefferson, State of Colorado Council Bill 14 was introduced by Mrs Keller on first reading, title read by Clerk Motion by Mrs Keller that Council Bill 14 be approved on first reading, ordered published, public hearing be set for Monday, May 22, 1989 at 7 30 p m in City Council Chambers, MuniCipal Bljg , and if approved on second reading, take effect 15 days after final publication, seconiei by Mrs Snow, carried 8-0 CITY COUNCIL MINUTES: April 24, 1989 DECISIONS, RESOLUTIONS, AND MOTIONS Page -6- Item 6. Motion by Mrs Keller that RFB #89-008, Wheat Rijge Municipal Pool Re~urfacing preject be awarded to Sealant Systems Qf Colorado using Co-Polyner projuct in the amount of their bid of $28,512 00, and that a contingency of 10% ($2,851 20) of the bid price for a total project co~t of $31,363 20 and that the total cost be paid out of Open Space Funj Account #32-601-880, ~econded by Mr West, carried 7-1 with Mr Davis voting No Item 7. Motion by Mrs. Keller that RFB #89-007 Upgrade Electrical Service at the Wheat Ridge Municipal Pool be awarded to B & B Electric in the amount of their bii of $3,980 00, and that a contingency of 5% ($199 00) of the bid price be established for a total project cost of $4,179 00, and that the total cost be paid out of the Park Acquisition Fund #11-603-862, seconded by Mr West, carried 8-0 Motion by Mrs Snow that in the future all bids be advertised in more than the Wheat Ridge Sentinel, seconded by Mr FIasco, carried 6-2 with Mrs Ibbison and Mrs Worth voting No Item 8 Motion by Mrs Ibbison that we renew the communications equipment maintenance contract with Syntonic Technology, '3t an annual cost of $12,564 36, to be charged to various departmen- tal Other Equipment Maintenance AccDunts, and that other communications equipment purchased during 1989 be added to this contraet at the time original warranty periods expire, seconded by Mrs Keller, carried 7-1 with Mr FIasco voting No Item 9. Motion by Mr Merkl to pay $4,000 00 to the Wheat Riige Carnation Festival from Account #01-606-799, secondej by Mrs Keller, carried 8-0 Item 10. Motion by Mrs Worth to allow the Edgewater/Wheat Ridge Coalition to put up the 3' x 20' banner at W 38th Ave and High Court on May 27, 1989, seconded by Mrs Ibbison, carried 8-0 Item 11. Motion by Mrs Ibbison that the 1988 annual audit of the City of Wheat Ridge financial statements be approved as presented, seconjej by Mrs Keller, carried 8-0 Item 12. Motion by Mrs Worth to reappoint Lillian Fleming and Ted Erickson to the Richards-Hart Estate Advisory Committee for a 3-year term ending March 2, 1992, seconded by Mrs Ibbison, carried 8-0 CITY COUNCIL MINUTES April 24, 1989 Page -7- CITY ADMINISTRATOR MATTERS Mike Smith referred to the attached ~eat belt ordinance under "Information Only" and asked if Council wished to have this brought in on First Reading Concensus was to have this brought in Mike Smith then asked for Council's approval to permit Bonnie Scoma and Ray Winger from the Planning Commission to attend the CML Meeting in Breckenridge Approval was granted CITY ATTORNEY'S MATTERS John Hayes reported on the successful meeting with Cablevision, which took place on April 15, 1989 He referred to the assault weapon ordinance that was in the packet under "Information Only" and asked if Council wanted this brought in on First Reading Concensus was to bring this oriinance to a Study Session after it had been rewritten to address Council's suggestions and recommendations and after discussing it with Chief Hurst John Hayes asked for an Executive Session under Section 5 7(b) (3) So moved by Mrs Snow, seconded by Mrs Keller, carried 6-2 with Mr Davis and Mr West voting No ELECTED OFFICIALS' MATTERS Mayor Wilde encouraged Council to come and speak to him on an individual basis about any prOblems they might have regarding the operation of the City Nancy Snow asked to check the southwest CGrner of 38th and Kipling where the "boat place" went in and see if landscaping is required She also questioned if it was legal to have all those cars sitting at the shopping center next to Everitt Jr High Tony Flasco askei for concenSU3 to formerly adopt the flag that some women of the City made for the Chinese visit, and would also like to ask for a concensus to buy approximately twelve of these flags Motion by Mr FIasco to adopt the flag, seconded by Mrs Ibbison, carried 8-0 Motion by Mr Flasco to buy ten or twelve flags and a new Colorado and American flag, seconded by Mrs Keller, carried 7-1 with Mrs Snow voting No because she feels this is too much money He then gave a report on DRCOG activities CITY COUNCIL MINUTES April 24, 1989 Page -8- Doris Ibbison askej for input on the crossing guard meeting that will take place on Tuesday May 9, 1989. Motion by Mr West to adjourn to Executive Sessi@n, carried 8-0 EXECUTIVE SESSION WAS HELD Meeting adjourned at 12 35 a m __ --Xt lLcI..A Wanda Sang, I j -,\1 _." .~ I' /'."L,-.- City CJ,;,erk APPROVED BY CITY COUNCIL ON MAY 22, 1989 BY A VOTE OF 5 to 0 ~~ Dan Wilde, Mayor