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
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