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HomeMy WebLinkAbout10/08/1990 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO October 8, 1990 The City Council Meeting was called to order by the Mayor at 7 30 p m C~uncillJembers present Elise Brougham, Kent Davis, Don Eafanti, Phil Edwards, Tony FIasco, Larry Merkl, Ron Selstad, and Bill Shanley Als~ present City Clerk, handa Sang, City Administrator, Mike Smith, City Attorney, John Hayes, Public Works Director, Bob Goebel, Director of Planninb & Development, Glen Gidley, Chief of Police, Jack Hurst, staff, and interested citizens APPROVAL OF MINUTES of September 24, 1990 Motion by Mr lafanti for the approval of the Minutes of September 24, 1990, seconded by Mr Nerkl, carried 8-0 PROCLAMATIONS AND CEREMONIES Red Ribbon week - October 20-28, 1990 May~r Wilde read the proclamation into the record CITIZENS' RIGHTS TO SPEAK There was no one present to speak PUBLIC HEARINGS AND ORDINANCES ON SECOND READING . Item 1 Public Hearing on 1991 Annual Budget There was no one present to speak Item 2 Council Bill No 66 - An Ordinance providinb for the approval of rezoning from Commercial-One and Agricultural-One to Commercial-One on land located at 11801 ~est 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-90-8) (Heinz Silz) Council Bill 66 was introduced on second reading by Mr Davis, title read by the Clerk, Ordinance No 843 assigned Mr Gidley presented the case and answereo Council's questions Motion by Mr Davis that Council Bill 66 (Ordinance b43), a request for approval of a rezoning from Agricultural-One and Commercial-One to COlomercial-One for property located at 11801 West 44th Avenue, be approved for the following reasons 1 The property is within the City limits and all posting and notification requirements have been met, therefore, therp is jurisdiction t, hear the JdSe CITY COUNCIL MINUTES October 8, 1990 Page -2- 2 The property is designated Neighborho9d Commercial on the Fruitdale Haster Plan and Mul tiple Land Use on the CouJprehensi ve Pl an The proposed use is consistent with both plans 3 All responding agencies can or are serving the property 4 The criteria to justify a zone change support the request for a change in zonin~ in this case, seconded by Mr Shanley Applicant Heinz Silz, 1,)74~ Highway 34, Fort Morgan, Colorado, was present and sworn in by the Mayor He asked regarding the ESTIP program and was infor'lIed this would be brought in to Council at a future meeting Mr Silz stated that building his property might depend on this pr9gram He also stated that the trees would have t9 be removed because they would interfere with drainage and parking Motion carried 8-0 Item 3 Council Bill No 67 - An Ordinance amenaing various Sections of Appendix A Zoning Ordinance, of the Code of Laws of the City of Wheat Ridge, relating to Bed-N-Breakfast uses Council Bill 67 was introduced on second reading by Mr Shanley, title read by the Clerk, Ordinance No 844 assigned Mr Gidley explained the changes in the Ordinance, which were approved by Council consensus during a study session Motion by Mr Shanley that Ordinance 844 be appr9ved, seconded by Mr Herkl Mrs Brough~m asked for an amendment to this Ordinance that 80% of the surrounding neighborhood in the 600 ft required radius must agree to the Special Use Permit and that the adjacent abutting property owners must also agree Motion died for lack of second Mrs Brou~ham asked for an amendment that these Bed-N-Breakfasts be allowed on arterial and collector streets only, seconded by Mr FIasco, Failed 4-4 with Councilmembers Brougham, Selst~d, FIasco and Eafanti voting yes Mrs Broubham asked for an amendment that the footd6c requirement be 10,000 square feet ~otion died for lack of second Original Motion carried 7-1 with Mrs Brougham voting No Item 4 Council Bill No 6b - An Ordinance repealing and reenacting various ~ections of Chapter 4 of the Code of Laws 9f the City of Wheat Ridge cO~Jerning animals and enforcement of animal violations by Animal-Parks Enforcement [Jfticers Council Bill 68 was introduced on second reading by Mr Eawards, title read by the Clerk, Ordinance No 845 assigned CITY L0UNCIL MINUTE~ October~, 1990 Pabe -3- Louise Turner, Animal C~~tr~l Clmmission, was sworn in by the Mayor Animal Control Commissi~n wh~le-heartedly supports this Ordind~ce and urges Cnuncil to 3iJprove it Motion by Mr Edwards for the adoption of Ordinance 84'), sec~nded by Mr Shanley Mr Flascn asked fnr an amendment that the total of animals in a household be limited to four animals, seconded by Mr Davis, failed 3-5 with C~uncilmembers Eafanti, FIasco, and Davis voting yes Uriginal Motion carried 8-0 Item 5 Council Bill No 69 - An Ordinanc~ vacatinb a portion of West 39th Avenue between high Court and Reed Street in the Roy S Bacon, Jr Subdivision within the City ~f Wh~~t Ridge, County of Jeffersnn, State of Colorado (Adjacent to Lot 1) Council Bill b9 was introduced on second reading by Mr Merkl, title read by the Clerk, Ordinance No 846 assigned Motion by Mr Merkl for the adoption of Ordinance 846, seconded by Mr FIasco, carried 8-0 Item 6 Council Bill No 7U - An Ordinance vacHtin6 a portion of West 39th Avenue between High Court and Reed Street in the Roy S Bacon, Jr Subdivision within the City of Wheat RiJGe, County of Jefferson, State of Colorado (Adjacent to Lot 2) Council Bill 71J was introduced on second reading uy ~:r Merkl, title read by the Cler~, Ordinance No 847 assigned Motion by Mr Mer~l for the adnption of Ordinance 847, seconded by Mr FIasco, carried 8-0 Item 7 Council Bill No 71 - An Ordinance vacatin~ d portion of West 39th Avenue between High Court and Reed Street in the Roy S Bacon, Jr SubJivisinn within the City of Wheat Ridge, County nf Jefferson, State of Colorado (Adjacent to Lot 9) Council Bill 71 was intr~duced by Mr read by the Clerk, Ordinance No 848 r~ 0 t ion FIasco, Item (j Merkl on second reading, title assig!1ed by Mr Merkl for the adopt inn ~f Oroinance 848, seconded by Mr c8rried 8-0 Council Bill No 72 - An Ordinance vacating a portion nf West 39th ~~~nJe between High Court and heed Street in the Rny S Bacon, Jr Subdivision within the City of Wheat Ridge, Countf of Jefferson, State of Colorado (Adjacent to Lot 10) Council Bill 7~ was introduced on second readin~ by Mr Merkl, title read by the Clerk, Ordinance No 849 assigned Motinn by Mr Merkl for the adoption of Ordinance 849, seconded by Mr. Flascn, carried 8-0 CITY COUNCIL MINUTES October b, 1990 Page -11- Item 9 Application by 1'1 H ArclJitects for approval of a Final Developtrient Plan for property lncated at 4020 Wadsw')rth Blvd, Wheat Ridge (Case Nn WZ-90-9) l"1r Gidley presented the case and entered d')CUioents into the record Michelle Herleman of M H Architects, (,021 S Syracuse Way, Englewood, Coloradn, was sworn in by the Mayor She asked f')f ~ si~~dbe variance because Rally's, Inc is looking for maximum visibility, since this is the first of 25 planned fast food outlets in this area The nther variance is mainly to save the trees They are trying tn blend this site in with the adjacent park Bill Russell, 5724 W Alder Avenue, Littletnn, representing Rally's Inc , was sWnrn in by the Mayor He also asked that they be permitted to erect their sign in the size ')f 101 square feet to be able to c')mpete In spite of their small buildings, they average the same amount of sales as tlJeir larger cowpetitnrs Tom Kuehn, Freeman Signs, 1920 W Cornell Avenue, En~lewood, was swnrn in by the Mayor He reiterated what Ms Herleman and Mr Russell lJ~d stated Motion by Mr Merkl that the request for apprnval nf a ?inal Development Plan for property located at 4020 Wadsw')rtlJ Glvd , be approved for the fnllowin~ reasons 1 The property is within the City nf Wheat Ridge, and all notification and posting requir'"'lJent;,.; lJdve been met, therefore, there is jurisdiction to hear this case, ? The property is consistent with the Comprehensive Plan in both design and use, 3 All resp')nding agencies can or are serving the prnperty, and 4 The Final Development Plan submitted meets or exceeds the intent and character prescribed within the approved Outline Development for Currier Planned Commercial Development and meets the requireloents of the Zoning Ordinance, except as noted below With the following conditions 1 TlJe west twenty (20) feet of Lot 1, Currier 3ubdivi3in~ shall be dedicated by separate deed for Wadsworth Dlvd right-of-way at such time the Final Development Plan is submitted t') be recorded, 2 The building will be allnwed tn be placed forty (40) feet from the newly createj west property line 3 Wall signage shall be allowed along the north, west and south walls and shall be limited to a maximum twenty l20) square feet per side 4 The free-.L 1~1ing sign shall be limited to the area allowed by the Si~n Cnde, which is 7') square feet 5 Cross access easements shall be placed within the drive aisle between Wadsw')rth Blvd and the connector drive and acrnss the eastern sixteen (16) parking stalls, seconded by Mr Davis CITY COUNCIL MINUTE~ Octr>ber 8, 1990 Page -5- Mr FIasco stated he had a problem with the free-standing sign ke not only have these people at a disadvantage trying tn retain the natural beauty r>f the site, but they have alsn conceded to the City moving back 20 feet from where the other signs are along the rnadway and therefnre he wnuld like to to amend the motion that the free-standing sign shall be 101 5 square feet, secr>nded by Mr Edwards Discussinn followed Mr Shanley called for the question, seconded by Mr Edwards, carried 8-0 Vote on amendment carried 5-3 with Councilrnewbers Selstad, Davis, and l~ e r k I v '1 tin g No Vote on original D1r>tion as awended carried 7-1 with Mr Selstdd v,ting No I telTJ 10 Applicatinn by Lutheran Medical Center for approval nf a Combined Final and Outline Development Plan for property located at 8300 West 38th Avenue, Wheat Ridge (Case No WZ-9U-l0) Mr Gidley presented the case and entered documents into the recnrd Dick Scheurer, 6610 W 14th Avenue, Lakewood, was sworn in by the Mayor He was present on behalf nf the applicant and asked for approval of the Plan Motion by Mr Edwards that Case No WZ-90-10, a request fnr approval nf a Combined Outline and Final Development Plan for property located at 8300 West 38th Avenue, be approved for the fnllowing reasnns 1 The plan meets with the nverall development plan of Lutheran Medical Center, approved Ly Planning Commissinn in March 197b ~ The proposed use is compatible with the surrounding land use, seconded by Mr Merkl, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS I telTJ 11 Budget Transfer for Carnation Festival Motion by Mr EdwardS that $5,58~ 00 be transferred from Acct 01-607-795 (Unallocated Fund Balance) to Acct No 01-606-610 Festival Overtime), seconded by f"lr t-'Ierkl, carried 8-0 No (Carnation Item 12 Motion for participatinn of CML in US West Rate Regulation Proceedings Motir>n by Mr Eafanti that $2,593 Colorado Municipal League for its Regulation Proceedings from Acct 98 be appropriated and paid to participation relating to US West Rate Nr> 610-759, second eo by t-'r Davis Mr Selstad moved to change the amr>unt to $1,500, secnnded by Mrs Brougham, carried 5-3 with Councilmembers Edwards, Merkl, and FIasco vr>ting No Vote on original moti'1n as al;jended carried 8-0 CITY CUUNCIL MINUTES October 8, 1990 Page -6- Item 13 Award of bid [11' Tele~~~ne System (RF P 1190-001) Purchasing A~e~t, Paul Edwards, gave baCkground on old and new telephone systenJ and answerea C:)u~:iJ I s '~Ilestions Motion by Hr Merkl that tle a~ntract to prnvioe and install a new Telephone System (RFP #90-001) for the City of Wheat Ridge be awarded tn Jem Communications, Inc and that a five (5) year lease agreement be entered into with Mitel Finance Corp to provide for financing for the term of the lease in an amnunt not to exceed the current budgeted amount for telephone service I further move that the City of Wheat Ridge enter intn a seven (7) year agreement with U S West Communicati,n~ tn provide line service using Centr')n I further move that the Purchasing Aoent be authorized tn issue ads, moves and changes up to the total annual budgeted amou~t nf $63,000 and that all costs associated with this project be charged to Acct No 01-610-759 (Teleph~ne Expense) I further move that this system, before designed, be brou~ht tn a City Council Study Session f')(' a pnlic} decision on how the system is to be utilized within the City, seconded by Mr Flascn, carried 7-1 with Mr Davis voting No I tefiJ 14 Motion re November Council Meetings Motion by Mr Merkl to cancel the City Cnuncil Meeting for November 12, 1990 and order this nntice published, seconded by Mr Shanley, carried 7-1 with Mr Selstad vntin~ No I tern 15 t'lOtion re December Council Meetings Motion by Mr Shanley to cancel the December 24 meeting and nrder Lhis notice be published, seconded by HI' Eafanti Motion by Mr Selstad to amend the 1IJ0tin"} to hold the second meeting on Dece10ber 1 r(, 1990 and to cancel if we don't have enough acti vi ty, seconded by Mr Merkl, failed 4-4 with COlncilmembers Brougham, Selstad, Merkl and Ear31ti vnting yes Original motion carried 8-0 CITY ADMINISTRATOR'S MATTERS Mike Smith advised Cnuncil of an upcoming public meeting of the Metropolitan Transportation Di~trlct tngether with the W-470 authority CITY ATTORNEY'S MATTERS John Hayes advised Council that he and some Councilmembers will meet with Cable people tomorrow ana asked fnr i~put He referred to his attached Charter Review Memo and asked if Council wished tn discuss it CITY COUNCIL MINUTES Oct0ber 8, 1990 Pabe -7- ELECTED OFFICIALS' MATTERS Elise 8r::..~~!:?ham askea where Applewood Transcripts were available and what thei~ pn11 ) ~~~ as to distribution Mayor Wilde gave upjate nn this She asked for Council consensus tn send Metro Rail and to let thew ~nnw that we at the Study Sessio~ nf October 1, 1990 a letter of encouragement to approve of the concept presented Consensus was 8 in favor Rnn Selstad asked that Council discuss Greenbelt security at the November 5, 11190 Study Session Consensus was 7-1 to discuss this Kent Davis clarified his vote on the telephone systew The reaSn~ he voted against it, was not be~l:,se he was against the system, but because a Study Sessinn was attached to the motion and this might delay the implementation of the system Tony FIasco informed Council that i,1T') for a presentatinn at a Study Session come to Wheat Ridge He gave update 'n Transpnrtation Plan had asked to corne tn Wheat Ridge Consensus was 8-0 tn have them Bill Shanler asked at what Study Session the Telephone system would be discussed December 3, 1990 Motion by Mr Shanley to adjourn, seconded by Mr MerkJ, carried 6-2 with Mr Davis and Mr Edwards vntinb No Meeting adjourned at 10 55 a m __ Ii ~ I . "- -' ~ <- ,- L L' "- (.. _ .. _':".J { L tlarida Sane" City -eferk,",J- 4PPROVED BY CITY COUNCIL ON OCTOBER 2~, 19QO BY A VOTE OF 7 TO 1 ,: '--_____.!._._<'__~::-_ I Kent Davis, Council President