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HomeMy WebLinkAbout06/12/1989 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO June 12, 1989 The City Council Meeting waq callei to orier by the Mayor at 7 30 p m Councilmembers preqent Kent Davis, Tony FIasco, Doris Ibbison, Larry Merkl, Moe Keller, Nancy Snow, Randy West, and Clauiia Worth Also present City Clerk, Wanda Sang, City Administrator, Mike Smith, City Attorney, John Hayes, Public Works Director, Bob Goebel, Director of Planning & Development, Glen Gidley, Chief of Police, Jack Hurst, staff, ani interested citizens APPROVAL OF MINUTES of May 22, 19(J9 Motion by Mrs seconded by t-lr Ibbison for the approval of the Minutes of May 22, 1989, Davis, carried 7-0 with Mrs Snow abstaining t-lotion by Mrs seat bel ts) and Keller, Failed yes Snow for reconsiieration of Council Bill 15 (maniatory that it be the laqt item on the Agenda, seconded by Mrs 3-5 with Councilmembers Keller, Worth, and Snow voting Motion by Mrs people here to Councilmembers Snow to have Item 15 moved up to Item 7 because there are speak on that, seconded by Mrs Worth, failed 4-4 with Snow, West, Keller, and Worth voting yes CITIZENS' RIGHT TO SPEAK Walt Heidenfelder, 4859 Miller Street, addressed the stop sign removal at 49th & Miller Street, asked that stop signs be put back in because there have been four near acciients, jifficulty entering ani exiting his property, safety factor Motion by Mrs Worth that the traffic signs at 49th & Miller be replaced, seconded by Mrs Snow Mr FIasco will vote no because he feels staff has a right to be here and explain what and why they iid what they did Mrs Snow asked that Mrs Worth change her motion that the signs be put back up and a study be done for a final determination Mrs Worth askei if this was a friendly amendment, and if so, she wouli accept it Motion failed 4-4 with Councilmeffibers Snow, Worth, Keller, and Merkl voting yes Motion by Mrs Keller that we instruct the staff to proceed with the study regarding the warrants and the traffic and the safety factors at the Intersection of 49th & Miller and report back to us with the possibility of replacing the stop signs, secondei by Mrs Worth, carried 8-0 CITY COUNCIL MINUTES June 12, 1989 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Reconsiieration of Council Bill No 11 - An Ordinance repealing and reenacting various Sections of Appeniix A of the Code of Laws of the City of Wheat Riige relating to Resijential and Agricultural Uses ani Di~tricts (reconsideration set at hearing of May 22, 1989) Council Bill 11 was reintroduced by Mrs. Worth with the following changes in the language as originally published and consiiered at the May 22nd meeting 1 That the following changes be made in rear yard setbacks 15 feet in the R-l and A-l Districts 10 feet in the R-1A, R-1B, R-1C, and R-2 Districts, and for once and two family dwellings in the R-3 and R-3A Districts 10 feet plus 5 feet for every story over two stories in the R-2A District 2 That in all zoning districts in which the existing zoning ordinance requires additional square footage and additional lot widths on corner lots, those aiditional square footages and widths continue to be required, with th additional language that this width is required on both street frontages 3 That, in multi-family district~, there be a maximum of 75% lot coverage including all main ani accessory buildings and paving, ani that the remaining 25% be landscaped, seconded by Mrs Snow Mr Merkl made a point of order that the above changes shouli come in as ameniments and that the Ordinance should be reintroduced as it was turned iown and brought back for re-hearing Mr Hayes felt that Mrs Worth' motion is proper Mrs Worth amended her motion to drop change #3, seconded by Mrs Snow Mr Davis called for the question, seconded by Mr FIasco, carried 8-0 Vote on original motion with amendments carried 7-1 with Mr FIasco voting No Item 2. Application by Robert Vermillion for approval of a final development plan and plat for property located at 4801 Tabor Street (Case No WZ-89-3) (Lakemont Center Subdivision) (continued from May 22, 1989) Mr Gidley presented the case and referred to Item 3, the street vacation connected with this case Applicant Robert Vermillion, 2800 S UniverSity, Denver, was present, sworn in by the Mayor, presentei his case ani answered Council's que s t i 0.1 S Ed Jennings, 12120 E Amhurst Circle, Aurora, was sworn in by the Mayor, spoke in favor of the subdivision, and answered Council's questions CITY COUNCIL MINUTES June 12,1989 Page -3- Walt Heidenfelder, 4859 Miller Street, was sworn in by the Mayor and stated that if Mr Vermillion's request would result in an increase in the portion of the SID taxes of himself and other businesses in the Special Improvement District, they would like to be notified so they can oppose that Motion by Mrs Keller that Case No WZ-89-3, a request for approval of a final development plan and plat at 4801 TabGr Street, be approved for the following reasons 1 All requirements of the Subdivision Regulations have been met, 2 The proposed plan is generally compatible with adjacent zoning ani land IJSe, and 3 The project is consistent with the original outline plan With the following condition The developer sign a development 3greement for public improvements to the west half of Tabor Street, secondei by Mr west Mrs Keller moved to amend to add Condition No 2 The builiing F height 50' with a 10% variance to equal 55' be granted, because of the finding of fact that not granting the variance wouli cause an extreme hardship as required in Section 5 10 (1) (e) of the Home Rule Charter, seconded by Mr Merkl, carried 6-2 with Mrs Snow and Mr FIasco voting No Mrs Snow does not think there is an extreme hardship in this case Mrs Keller moved to amend that Euiliing F have a 25' variance on the western boundary, if approved by the Builjing Code Advisory Board for the west 5', secondei by Mr West, carried 8-0 Mrs Keller move to amend that Builiings E and 0 be granted a 30' variance based upon the criteria as labeled in Section 26 D 2, seconded by Mrs Snow, carried 8-0 Mrs Keller moved to amend that there be a 0' sign setback variance granted as enum~rated in Section 26 0 2, seconded by Mrs Worth, carried 8-0 Mrs Keller moved to amend to allow the Director of Planning the fleXibility to exercise Items 6 ani 9 in Exhibit C with the corrections that in Section 9 it would read "It is the intent of this plan to provide fleXibility for construction of iniividual buildings within Blocks 1 and 2 ", seconded by Mr Merkl, carried 8-0 Mrs Keller made a friendly ameniment to her above motion to change the wording that the City of Wheat may but shall not be obligated to use " , seconded accepted that Vote on original motion with amendments carried 8-0 CITY CUUNCIL MINUTES June 12,1989 Page -4- Item 3. Council Bill 14 - An Ordinance vacating a West I-70 Frontage Roai North (al~o known within the City of Wheat Riige, County of Colorado (Case No WV-89-1) (Robert Vermillion - Lakemont Subdivision) (eontinued from May 22, 1989) portion of as W 48th Jefferson, dedicated Avenue) , St3te of Council read by for the Bill 14 was introducej on second reading by Mrs Keller, title the Clerk, Ordinance No 797 assigned Motion by Mrs Keller adoption of Ordinance 797, seconded by Mr West, carried 8-0 I tern 4 Council Bill No 17 - An Ordinance providing for the approval of rezoning from Residential-Two to Commercial-One on lani located at 4298 Kipling, City of Wheat Riige, County mf Jefferson, State of Colorado (Case No WZ-89-5) (Glen Daughenbaugh) Council Bill 17 was introiuced on second reading by Mrs Keller, title read by the Clerk, Ordinance No 798 assigned Mr Gijley presented the case ~icant, Glen Daughenbaugh, 1190 Dransfeldt Rd , Parker, Colorado, was sworn in by the Mayor, spoke in favor of his application, and answered Council's questions Motion by Mrs Keller that Council Bill 17 (Ordinance 798), a request for approval of a rezoning from R-2 to C-l for property located at 4298 Kipling, be approved for the following reason~ 1 The requested zoning is compqtible with surrounding zoning and lani use, 2 The requested zoning is in conformance with the Comprehensive Plan, an,j, 3 Staff and Planning Commission recommend approval With the following conditions 1 All C-l uses be allowed except the following A No auto body, painting or mechanical repair be allowed, B No outside storage be allowei, C No car washes be allowed, and D Ne car sales lots, boat lots, motor cycle sales, trailers or motor home sales be allowed, 2 A plat with all appropriate deiications be submitted for review by Planning Commission and City Council 3 A site plan meeting both the specific and general goals of the Kipling Activity Center be reviewed by Planning Commission and City Council prior to any new building construction or use of the property, seconded by Mr hest, carried 0-0 CITY CUUNCIL MINUTES June 12, 1989 Page -5- Item 5. Council Bill No 18 - An Ordinance repealing and reenacting various subsections of Section 2-53 and 2-61 of the Code of Laws of th~ rity of Wheat Riige (1989) relating to the membership, powers and duties of the Board of Adjustment and establishing voting majority requirements for said Board of Adjustment Council Bill 18 was introiuced by Mrs Worth on second reading, title read by the Clerk, Oriinance No 799 assigned Motion by Mrs Worth for the aioption of Ordinance No 79g on second reading, seconded by Mr West Mrs Snow asked for an amendment on page 3, Section (4) it read "No request to grant a hearing will be entertained unless new evidence is submitted which couli not have been, with due diligence, presented at the previous hearing or at least one (1) year has passed since the date of the decision on the previous application or appeal " Mrs Worth accepted this as a frienily amendment, second accepted also Mrs Snow moved to amend that on page 2, Section (b) the last sentence read "such permit is to be issued for no longer than one (1) year" seconded by Mr FIasco, failei 3-5 with Snow, FIasco, and West voting yes Discussion followed Mrs Worth accepted as a friendly amendment that on page 2, Section (a) it read "The board of aijustment shall have the authority to hear and decide requests for variances and waivers, or for interpretations of the city zoning ordinance or floodplain zoning ordinance, and sign code, or for interpretations of the subdivision regulations," Mr Merkl callei for the question, seconded by Mr West, carried 8-0 Vote on original motion carried 8-0 Motion by Mrs on the agenda, No Ibbison to suspend the rules and continue with the items seconied by Mr West, carried 7-1 with Mr Davis voting Item~~ Application by Valley Water District for approval of a Special Use Permit to waive certain portions of the Wheat Ridge Zoning Ordinance regulating off-street parking requirements and portions of the Subdivision Regulations pertaining to street ieiications and required public improvements (Case No SUP-89-5) Mr Giiley presentei the case CITY CUUNCIL MINUTES June 12, 1989 Page -6- Jeffery D. Francis, Architect, 360 S Corona Street, Denver, was sworn in by the MaY0r, gave a brief presentation and answered Council's questions Kay Ore, 10565 W 46th Avenue, member of the Board of Directors of the Valley Water District, was sworn in by the Mayor, and answered Council's questions Robert Arnold, 7421 Knox Place, Westminst,:;r, Valley Water District Manager, was sworn in by the May~r and clarifiei some of Council's questions Motion by Mr Merkl that Case No SUP-89-5, an application by Valley Water District fQr a Special Use Permit for a Waiver of portions of the Wheat Ridge Zoning Ordinance regulating off-street parking and portions of the Subdivision Regulations pertaining to street ieiication on land located at 4300 Oak Street, be approv~i for the following reasons 1 Oak Street is a dead-end street for which the City has no plans to make a through street 2 This portion of Oak Street is designated '3S a local street by the Comprehensive Plan '3nd serves only low iensity re>idential In fact, there is only one resiience to the south of the subject site 3 Section 5-94 1 allows public improvements to be waived if less than fifty percent of the properties on the street extending five hundred (500) feet from the lot line of the property do n@t have curbs, gutters and sidewalk or the addition is less than fifty percent of the existing structure 4 The proposed site plan, Exhibit A, contains the required amount of parking and provides re'3sonable buffering for the neighborhooi With the following conditions 1 A six (6) foot screening fence surrounding the storage area be placed between the parking area and the adjaeent property to the north 2 The property will be developed according to the attachei site plan, Exhibit A, seconded by Mr West, Mr Merkl asked that Valley Water not have to produce a letter of credit, second accepted that, Motion carried 7-1 with Mrs Snow voting No Mrs Snow is in favor of waiving any curb, gutter, and siiewalk, but she thinks this particular project is entirely too large for the size site and it is unwarranted to have so many variances to allow such a large building Motion by Mrs Snow that Items 7 through 14 be consijered as a consent agenda, seconded by Mrs Keller, carried 8-0 CITY COUNCIL MINUTES June 12, 1989 Page -7- DECISIONS, RESOLUTIONS, AND MOTIONS Item 7. Resolution 1152 - authorizing reimbIJr"'::rrl'~ 1 from the City of Wheat Ridge's attributable share of the Jefferson County Open Space Fund for Parks and Open Space Development Item 8. Motion that the contract for weed mowing and be awarded to Metco Properties Services, Inc Five Thousand Dollars ($5,000) and all costs charged to Acct No 01-121-718 Item 9. Motion that the City's contribution toward employee dental insurance be increased to $13 75 per month effective June 1, 1989 tra~h/junk removal services in an amount not to exceed for this contract be Item 10. Motion that $11,000 be transferred from Capital Projects Unallocated Fund Balance Acct No 30-607-795 to Acct No 30-303-843 Traffic Signals, to cover anticipated costs associated with Resolution 1147 Itenl 11. Motion that the Sentinel Newspapers be retained to publish and distribute the 1988 Annual Report at a cost $2,575 to be charged to Acct No 610-799 and the Mayor be authorized to sign the Advertising Agreement Item 12. Motion that the sum of $7,081 05 be appropriated and paii to Fairfield and Woods, PC, in satisfaction of their invoice N0 37687 Said amount shall be transferred from Acct No 01-607-794 (Contingency Reserves) to Acct No 01-107-750 (City Attorney Professional Services) Item 13. Motion that the contract for Paramount Park Reconstruction project be awardei to the Yerkey Company In the '3mount of their bid $342,553 86 plus a 5% contingency of $17,128 and all costs be Charged to Acct No 32-601-860 I tern 14. Motion that Nine (9) Picnic Tables be purchased from Summit Supply for their bid of $2,691 44 plus one additional table for $336 43 for a total of $3,027 87, and costs be charged to Acct No 1-603-809 Motion by Mrs Snow for the adoption of Resolution 1152 and motions under Item~ 8 through 14, secondej by Mr West, carried 7-1 with Mr Davis votine; No CITY COUNCIL MINUTES June 12, 1989 Page -8- Item 15. Motion re 32nd Avenue - Simms to Kipling Mr Goebel presented reasons for not asking to adopt the suggested motion at this time Bill Clark, 3205 Moore Street, asked that if FAUS Grant is not utilized, the City Council change the widening of West 32nd Avenue to less than 44 feet, something between 33 ani 36 feet Arie Verrips, 3115 Mountain Shadows Drive, spoke in favor of the street design and urged that we get on with the work, go out for bids, and not turn down the FAUS Grant at this time Francesco Lecciso, 3200 Moore Street, questioned the motives for still going for a 44 feet de>ign, he had understood that the 44 feet had been mainly suggested because of the FAUS Grant Since that grant was on shaky ground, he could not see why Council still wanted to go for the 44 feet City Clerk, Wanda Sang, read a letter into the record from Mr & Mrs Ipsen, asking that 32nd Avenue not be changed to 44 feet width Pat Weibler, 3077 Uwens Court, Lakewood, urged Council to reconsider their plans for 32ni Avenue, if FAUS Grant was not used Carl Cerveny, 3425 Moore Street, urged City to move forward and not backwards, reiterated that street would not be striped for 4 lanes, houses on 32nd Avenue will not be affected by this deSign JaNeil Cillessen, 3201 Routt Street, spoke against West 32nd Avenue being 44 feet wide and the possibility of 4 lanes Dorothy Thompson, 3014 Chase Street, read a note from Wheat Riige United Neighborhood> into the record, urging Council not to go with present design, but to go with neighborhood proposal, which would leave the existing sidewalk in place ani would save money Mrs Keller read a letter into the recori from Paul and Barbara Brown, 3212 Nelson Street, opposing the widening of 32nd Avenue, but in favor of reconstruction Motion by Mr ~est that we send the project out to bii as soon as pOSSible, from Simms to Youngfield, and that FAUS Grant> are not used, 32nd Avenue will be constructed no more than 36 feet curb to curb, from Parfet to Kipling, with exceptions of turn lanes at Parfet and Kipling, and try to salvage the siiewalk at the north siie that is now in place, seconded by Mrs Snow, failed 4-4 with Councilmembers Snow, West, Keller, and Worth voting yes CITY COUNCIL MINUTES June 12, 1989 Page -9- Motion by Mr Merkl that we immediately go to bid on the City funded section Simms to Youngfield, and that on the Simms to Kipling section we continue to pursue the FAUS grant and meet the requirements and get that together as quick as we can this year, seconded by Mr West Mr Davis called for the question, sec0njed by Mrs Ibbison, carried 6-2 with Mrs Snow and Mrs Keller voting No Motion carried 5-3 with Councilmembers Snow, Keller, and Worth voting No Mrs Snow's reasons for voting no unwarranted expenditure of City money, jisastrous damage to the neighborhood, extremely unfortunate to spend City money against citizens' wishes and are unable to do other important paving and drainage projects in the City CITY ATTORNEY'S MATTERS Motion by Mr Merkl to holi an Executive Session unjer Secti~n 5 7(b)(1) of the Charter, secondej by Mrs Ibbison, f'3iled 4-4 with Councilmembers Ibbison, We~t, Keller, and Merkl voting yes Motion by Mrs Snow to adjourn, seconiei by Mr FIasco, carried 7-1 with Mr West voting No Meeting adjourned at 1 00 A M I ~)//", ?!.' Wanda Sang, / '1'(..l.A..c, Ci ty l1ierk v APPROVED BY CITY CUUNCIL ON JUNE 26, 1989 BY A VOTE OF 8 TO o