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
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"- -' ~ <- ,- 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