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HomeMy WebLinkAbout07/23/1990 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO July 2~990 The City Council Meeting was called to order by the Mayor at 7 30 p m CouncilLiernbers jJresent EI ise Brougham, Kent Davis, Don Eafanti, Phil Edwards, Tony FIasco, Larry ~erkl, Ron Selstad, and Bill Shanley Also present City Clerk, Wanda Sang, City Administrator, ~ike Smith, City Attorney, John Hayes, Public works Director, Bob Goebel, Director of Planning & Development, Glen Gidley, Chief of Police, Jack Hurst, staff, and interested citizens APPROVAL OF MINUTES of July 9, 1990 Motion by Mr seconded by Mr Davis for the approval of the Minutes of July 9, 1990, Merkl, carried 8-0 CITIZENS' RIGHTS TO SPEAK Harvey Padgett, 395~ Nelson Street, complained that after street construction things were not put back as promised The attitude of the city worker in charge of the project left something to be desired He asked that that worker not come on his property again Bonnie Botham, 3380 Pierce Street, had been to a Council meeting about six months ago and had cOlOlJlained about problems with 'wheat Ridge Cable, since then changes have taken place with the access channel having been changed from 04 to 09, a new program director has been named and he seems very responsive to the community prooucers, community producers still have concerns about the franchise agreement and are wondering if wheat Ridge Cable is living up to that franchise agreement Some of their equipment is still poor She thanked Council for their help PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill No 59 - An Ordinance providing for the approval of rezoning from Residential-Two to Restricted-Commercial on land located at 6075 w 46th Avenue, City of ~heat Ridge, County of Jefferson, State of Colorado (Truoc VanNguyen) (Case No WZ-90-4) Council Bill 59 was introduced on second reading by Mr Eafanti, title read by the Clerk, Ordinance No 838 assigned Mr Gidley presented the case Gerald Boatright, 4315 wadsworth Blvd, attorney for the applicant, was sworn in by the Mayor He entered a Use Restriction Stipulation into the record, which specified that the building would be used as a generic retail food store with emphasis on oriental foods Hours would be 9 00 a m to 8 00 p m Excluded uses would be Trade name convenience stores CITl COUNCIL MINUTES July 23, 1990 Page -2- Truoc VanNguyen, 6440 Tennyson Street, was sworn in by the Mayor and answered Council's questions Kathleen Krager, 2418 'w 32nd Avenue, was sworn in by the Mayor She stated she is a Traffic Consultant and has done numerous projects in Wheat Ridge She has reviewed the site and has used national surveys to estimate the use of the retail store It is her conclusion that anyone using the store would enter and exit on Harlan Street She does not feel that this store would impact traffic Robert Howard, 4695 Ingalls Street, was sworn in by the Mayor He lives within 600 feet of the applicant's property, submitted a petition, which contains 111 valid signatures in o~position to this application, he questioned the validity of some of the signatures on a petition in favor of the application that the applicant had presented, he read the preamble to the Wheat Ridge Charter into the record, gave background on rezoning denials from Residential to Restricted Commercial, dating back to 1971, urged Council to vote against this rezoning Carl F Frodine, 6305 W 46th Avenue, was sworn in by the Mayor, concurred wiTIll-'lr Howard and added that there would be no place for parking Merle R Taylor, 6230 W about 500 feet from this in the neighborhood He 46th Avenue, was sworn in by the Mayor, property, was concerned about increased is opposed to this rezoning lives traffic Karen Lewton, 4450 Ingalls Street, was sworn in by the Mayor She stated her husband had signed against the rezoning because they had been led to believe that something similar to a 7-11 Store was going in They feel that the store will benefit the community and she is looking forward to sending her children to shop there Wheat Ridge should support small businesses R W woodard, 4620 Jay Street, was sworn in by the Mayor, and spoke in opposition to this rezoninb, sees it as a threat to the neighborhood, will diminish enjoyment of his property, complained that rezoning sign was hard to see because there usually is a truck parked in front of it, was concerned about increased trat"fic C J DeBello, 6440 W 46th Place, was sworn in by the Mayor and s~uke in opposition to the rezoning JoAnn Flores, 4595 Ingalls Street, in favor of the rezoning, she lives and is looking forward to seeing it was sworn in by the Mayor and spoke 50-75 feet away from the property improved, look toward the future Fran Sawyer, 6095 W 46th Avenue, was sworn in by the Mayor She lives directly next to the property in question and spoke in favor of the rezoning She concurs with the previous speaker, JoAnn Flores Mary Lou Natz, 6260 W 46th Avenue, was sworn in by the Mayor and spoke in opposition to the rezoning CITY COUNCIL MINUTES July 23, 1990 Page -3- Michael Harris, 6415 W 46th Avenue, was sworn in by the Mayor and spoke in opposition to t~e rezoning Mr Boatright again asked Council to approve the rezoning I'lotion by I':r Eafanti that Council Bill 'J':i, a request for approval of a rezonint, from Residential-Two to Restricted-ColJJioercial for property located at 607') W 46th Avenue, be denied for the following reasons 1 The Restricted-Commercial zone district is not compatible with the surrounding residential uses, particularly the property to the west, therefore not in the general public interest 2 No need for additional commercial zoning in t~is area has been shown 3 This location is not jesirable for a use such as the one proposed 4 Mr Gidley suggests an amendment to Commissioner Eckhardt's motion to have staff review the plans in that area and bring back their recommendations for amending this plan, seconoed by Mr FIasco, carried 6-2 with Mrs Brougham and Mr Selstad voting No Nr SeIstad does not feel this rezoning would impact the neighborhood adversely and would be a sales tax producer The immediate neighbors are in favor of the rezoning Mrs Brougham feels that Council is obligated to follow the Comprehensive Plan, which at this time shows Commercial Item~ Council Bill 6u - An Ordinance amending the provisions of Sections 5-5 and 15-9 of the Code of Laws of the City of Wheat Ridge relating to ent'orcement and remedies in the event of violations of the provisions of Chapter '), Building and Building Regulations, and Chapter 15, Nuisances, of the Code of Laws of the City of Wheat Ridge Council Bill 60 was introduced on second reading by Mrs Brougham, title read by the Clerk, Ordinance No 838 assigned Motion by Mrs Brougham that Ordinance 83b be approved on second reading and be published, seconded by Mr Merkl, carried 8-0 I tew 3 Council Bill 61 - An Ordinance providing for the approval of rezoning trom Commercial-One and Residential-Two to Commercial-One and for approval of an Official Development Plan on land located at approximately 9995 W 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-90-5) (Phillips 66 Company) Council bill 61 was introduced on second reading by Mr Davis, title read by the Clerk, Ordinance No 839 assigned Mr Gidley presented the case and answered Council's questions Cliff MacKissack, R & W Engineering, 8600 Ralston Road, was swor'! in by the Mayor He stated he is representing Mr Chado, the owner of parcels 1 and 2, and also Phillips 66 Company, the developers of the small parcel CITY COUNCIL tHN[JTES July 23, 1990 Page -4- He asked Council that the required six foot screening fence between adjacent commercial and residential properties on the east be waived He stated that the neighbors at the neighborhood meeting did not have any objections to this He also answered Council's questions Motion by Mr Davis that Council Bill 61 (Ordinance 838), a request for approval of a rezoning from Commercial-One and Residential-Two to Commercial-One, for property located at 9995 W 44th Avenue, be approved for the following reasons 1 The property is within the City of Wheat Ridge and all posting and notification requirements have been met, therefore there is jurisdiction to hear this case, 2 Evidence clearly indicates a change in the character of the area has occured and the findings support a change of zone, and 3 The Comprehensive Plan designates this site as Commercial Activity Center and the pr' )posed use and uses allowed under the proposed zoning designation are compatible with that type use With the following conditions 1 A traffic signal plan must be approved 2 If contaminated soil from previous fuel tanks is found it must be removed, seconded by Mr Shanley, carried 3-0 Motion by Mr Davis that Case No WSP-90-1, a request for approval of a site plan that allows a 20' front yard setback variance but does not approve the request to waive the required screening fence for property located at 9995 W 44th Avenue, be approved for the following reasons 1 The request for a 20' variance to allow a 30' front yard setback is in compliance with the criteria to grant a variance 2 A precedent does exist relating to canopies above motor fueling facili ties 3 A canopy located 30' from the right-of-way at this location should not negatively affect or alter local character or negatively impact public safety, welfare or local streets 4 The findings show that the requested fence waiver could set a precedent and be detrimental to the residence to the east With the following condition 1 The setback variance allows only a canopy Any other use will require re-suulIJittal of a site plan, seconded by Mr Merkl Mr Merkl moved to amend to change the motion to take out "does not approve the t'equest to waive the required screening fence" and insert "does include the approval of the waiver for the requested screening fence" and take out reason No 4, seconded by Mr Selstad Mr Selstad asked to add a friendly amendment that if the property next door is sold for other than commercial, a fence must be constructed Mr Merkl accepted this as pa t of his motion Mr FIasco will vote against the amendment because he agrees with Mr Davis that waiving the fence will set a precedent Mrs Brougham will vote against the a:nendment because she does not like the variance for the canopy, if variances are constantly granted, change the law CITY COUNCIL MI~UTES July 23, 1990 Page -5- Mr Edwards will vote No, because he does not think putting up the fence is that big a deal Motion failed 5-3 with CounciJmembers MerkI, Selstad, and Shanley voting yes Original Motion without amendments carried 8-0 Motion by Mr Davis that Case No MS-90-2, a request for approval of a two-lot minor subdivision for property located at 9995 h 44th Avenue, be approved for the fOllowing reasons 1 This property is located within the City of Wheat Ridge and all postin6 and notification requirements have been met, therefore, there is jurisdiction to hear this case 2 All requirements for SubdiVision Regulations have been met With the following condition 1 Ten foot dedication of the western boundary shall be required giving Kipling Street a consistent sixty foot width along both Lots 1 and 2, seconded by Mr Edwards, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 4 Resolution 1216 - approving 1990 revised Intergovernmental Agreement for Community Corrections in Jefferson County Resolution 1216 was introduced by Mr Motion by Mr Merkl for the adoption SeIstad, carried 8-0 Merkl, title read by the Clerk of Resol ution 121 b, seconded by Mr I tern 5 Resolution 1217 - approving Intergovernmental Agreement with Colorado Department of Highways for Federal Aid Projects on 44th Avenue [HOS 0006(66)J and Youngfield Street [HOS 0006 ( 67 ) J Resolution 1217 was introduced by Mr Davis, title read by the Clerk Motion by Mr Davis for the adoption of Resolution 1217, seconded by Mr Merkl, carried 8-0 Item 6 Bid Award for W 38th Avenue Improvement Project, Wadsworth to Pierce Motion by Mr Merkl that the 'west 38th Avenue Street Improvement Project, Wadsworth to Pierce, Project Number S-38 01-90 (hFB #90-33) be awarded to Asphalt Paving Company in the amount of their' bid of $749,381 30 That a contingency in the amount of $75,000 00 be established That an incentive bonus of $14,988 00 be established That a force account in the amount of $100,000 00 be established That the Director of Public Works be authorized to issue change orders up to the total project cost of $939,369 30 and that all costs associated with this Project be char'ged to Acct No 30-303-873 I further move that the funds be encumbered for the length of the Project which expressly allows the expenditure of funds in 1991 for this Project in accordance with Ordinance No 787, 1989 Series, seconded by Mr Selstad, carried 8-0 CITY CUUNCIL fvlINUTES July 23, 1990 Page -6- Item 7 Contract addendum approval between the City of hheat Ridge and Spicer, Oppen~eim, CPA's Motion by Mr Merkl that the addendum to the Contract Agreement between the City of Wheat Ridge and Spicer & Ovvenheim, Certified Public Accountants, for additional protracted litigation support services regarding tax investigation be approved for the period July 1, 1990 through December 31, 1990, seconded by Mr Shanley, carried 8-0 Item 8 Right of Way Acceptance for 3bth Avenue Project between Wadsworth and Pierce Motion by Mr FIasco that the City accept the signed warranty deeds for portions of the following properties 7323 W 3bth Avenue, 3800 Wadsworth Blvd, 6915 W 38th Ave , 73~0 W 38th Avenue, seconded by Mr FIasco Mr Davis asked to abstain because he owns one of the properties Motion carried 7-0 with Mr Davis abstaining I tern 9 Motion that $2~0 be contributed to Jefferson Symphony Orchestra to sponsor their performance at hest Pines on August 15, 1990 Motion by Mrs Brougham that $250 be contributed to Jefferson Symphony Orchestra to sponsor their performance at West Pines on August 15, 1990, to be taken from Acct No 01-102-798, seconded by Mr Eafanti, carried 6-2 wit~ Mr FIasco and Mr Shanley voting No CITY ADMINISTRATOR'S MATTERS Mike Smith referred to the copies of the mid-year financial report he had distributed and stated that a report on the cost for the storm cleanup would be made available to Council as soon as possible CITY ATTORNEY'S MATTERS John Hayes gave update on pending litigations ELECTED OFFICIALS' MATTERS Bill Shanley requested consensus that t~e City put together a tealo and agressively pursue annexing Lakeside and make it a point that Council is telling the staff we would like this looked into and pursued He also askeo for consensus that we address the land to the west for annexation Consensus re Lakeside was 7-1 wit~ Mrs Brougham voting No Consensus re land to the west was 7-1 with Mrs Brougham voting No CITY COUNCIL MINUTES July 23, 1990 Pa!:>e -7- Ron Selstad has received a request from a citizen to put in curb, gutter, and sidewalk on a portion of W 32nd Avenue at his own expense, if 32nd is reconstructed, he wants to be reimbursed by the City Ron ~elstad asked for consensus that by next summer Public Works give recommendations to Public Works Advisory Committee and they pass on recommendation to Council that if this fits in with our pJans, we allow him to do it No consensus could be reached--vote was 5-3 with Councilmembers Brougham, Merkl, and Selstad voting yes Phil Edwards moved to reconsider the health benefit issue that had been voted on JuJy 9, 1990 and to bring it back at the next regular Council Meeting, seconded by Mrs Brougham, cdrried 6-2 with Mr FIasco and Mr Davis voting No Meeting adjourned at 11 1') p m , )f ~~v/".....//_::/t.cl:._ .-. L Wanda Sang, City-tlerk APPROVED BY / /{~~ !<..ent Davis, CITY CI)UNCIL ON AUGUST 13,1990 BY A VOTE OF 8 TO o. } , I //, C:L-<-^C---J ___ Council President