HomeMy WebLinkAbout07/08/1991
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
July 8, 1991
The City Council Meeting was called to order by the Mayor at 7 30 p m
Councilmembers present ~lise Brougham, Kent Davis, Don Eafanti, Tony
FIasco, Larry Merkl, Ron Selstad, and Bill Shanley Phil Edwards was
absent Also present City Clerk, Wanda Sang, City Treasurer, Jim
Malone, City Administrator, Mike Smith, City Attorney, John Hayes,
Public ~orks Director, Bob Goebel, Chief of Police, Jack Hurst, staff,
and interested citizens
APPROVAL OF MINUTES of June 24, 1991
Motion by Mr Eafanti for the approval of the Minutes of June 24, 1991,
seconded by Mr Merkl, carried 5-0 Mr FIasco and Mrs Brougham
abstained from voting because they I-Jad not been present at the meeting
CITIZENS' RIGHTS TO SPEAK
City Clerk, handa Sang, read a letter from ~heat Ridge United
Neighborhoods into the record, which asked that Council remove Council
Bills 100 through 107 from the Agenda and urged them to pass an
Ordinance that included A-2 as part of the Code
Jeff McLaury, 11440 W 44th Avenue, asked that all department heads
prepare and sign financial disclosure statements
Louise Turner, 11256 W 38th Avenue, asked that Items 6 tl-Jrough 13 be
removed from the Agenda SI-Je was upset that no legal descriptions had
been provided for tl-Je rezoning, no notices had been sent regarding the
meeting tonigl-Jt
City Attorney, John Hayes, explained that the procedure followed was
valid He agreed that each property owner should be notified Meredith
Heckert stated that all property owners had been notified by certified
mail Mr Davis asked that tl-Jis be done again prior to the public
hearinb and that all properties be posted
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
ItellJ 1
Application by Tri-KB InvestllJents for approval of a final
development plan within a Planned Commercial Development
District and plat for property located at 4100 Youngfield
Street (Case No hZ-91-3)
Mereditl-J Reckert presented tl-Je case
Lee Kunz, 2400 W Shooting Star Drive, Golden, applicant, asked for
approval of I-Jis plan and plat as sl-Jown without tl-Je additional landscap-
ing
CITY CUUNCIL MINUT~S
July 8, 1991
Page -2-
Motion by Mr Merkl that Case No WZ-91-3, a request for approval of a
final development plan and plat for 4100 Youngfield Street, be approved
for tl-Je following reasons
1 The development plan is consistent witl-J existing development and
uses in Youngfield Plaza Phase I
2 All requirements of tl-Je Subdivision Regulations have been met
3 Staff and Planning Commission recommend approval,
4 TI-Jis plan is generally consistent witl-J tl-Je concept of the
preliminary development plan,
seconded by Mr Davis, carried 7-0
Item c:
Council Bill 93 - An Ordinance providing for the approval of
rezoning from Commercial-One to Commercial-Two on land located
at 6265 ~est 48tI-J Avenue, City of Wheat Ridge, County of
Jefferson, State of Colorado
(Case No ~Z-91-2) (Berneice Major)
Council Bill 93 was introduced by Mr Eafanti, title read by tl-Je Clerk,
Ordinance No 860 assigned
Meredith Reckert gave the staff report
Jack Major, lS90 Harlan, applicant, was sworn in by the Mayor and asked
for approval of the rezoning and the variance
Motion by Mr Eafanti that Council Bill 93 (Ordinance 868), a request
for approval of a rezoning from C-l to C-2 for 6285 ~est 48th Avenue, be
approved for the following reasons
1 The request is in general conformance witl-J the Comprehensive Plan
2 The request is compatible with adjacent zoning and land use
3 Staff and Planning Commission recommend approval,
seconded by Mr Davis, carried 7-0
Motion by Mrs Brougham that Case No WA-91-5, a request for approval of
variances to the land development standards for 6285 West 48th Avenue,
be approved for tl-Je following reasons
1 The criteria support approval
2 Staff recommends approval
~ith the following conditions
1 All parking and drive areas be paved
2 A drainage plan and report be submitted prior to the issuance of a
building permit If the drainage report shows that tl-Je City contributed
to the drainage problem, the City will correct it, seconded by Mr
Merkl, carried 7-0
ORDINANCES ON FIRST READING
Item 3
Council Bill 97 - An Ordinance repealing and reenacting
portions of Chapter 11, Licenses, Permits and miscellaneous
business regulations, and portions of CI-Japter 22, Taxation, of
the Code of Laws of the City of Wheat Ridge
July 8, lY91
Page -3-
CITY COUNCIL MINUTES
Council Bill 97 was introduced by Mr Davis on first reading, title
read by Clerk Motion by Mr Davis that Council Bill 97 be approved on
first reading, ordered publisl-Jed, public hearing be set for Monday,
August 12, 1991 at 7 30 p lli in City Council Chambers, Hunicipal Bldg ,
and if approved on second reading, take effect 1 day after final
publication, seconded by Mr SI-Janley Discussion followed and it was
agreed by motion maker and second to take out the worj "animal" under
Section 22-1(a) Motion carried 7-0
Item 4
Council Bill 9b - An Ordinance amending the provisions of
Section 9-32(c) of the Code of Laws of the City of ~heat Ridge
to allow sales of refrigerant in containers with a capacity of
one (1) pound for use by licensed professional garages to
cl-Jarge motor vehicle air conditioners
Council Bill 9~ was introduced by Mr Merkl on first reading, title
read by Clerk Motion by Nr Merkl that Council Bill 98 be approved on
first reading, ordered published, public hearing be set for Monday,
July 22, 19Y1 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect 15 days after final
publication, seconded by Mrs Brougham, carried 7-0 (Due to
publication requirements in the City Charter, the public hearing date
for this item was set for August 12, 1991 with approval of the Council
President)
Item 5
Council Bill 99 - Amending the provisions of Section 26-33
(B)(3) Excavation and Deposit Control of the Code of Laws of
the City of Wheat Ridge
Council Bill 99 was introduced by Mr Shanley on first reading, title
read by Clerk Motion by Mr Shanley that Council Bill 99 be approved
on first reading, ordered publiShed, public hearing be set for Monday,
August 26, 1991 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect 15 days after final
publication, seconded by Mrs Brougham, carried 7-0
Item 6
Council Bill 100 - An Ordinance providing for approval of a
Mass Rezoning to Agricultural-One for all properties currently
zoned Agricultural-Two in an area bounded by West 52nd Avenue
on tl-Je North, West 38th Avenue on the South, Youngfield Street
on the West and Quail Street on the East, City of Wheat Hidge,
County of Jefferson, State of Colorado
(Case No WZ-90-3) (City of Wheat Ridge)
Council Bill 100 was introduced by Mr Merkl on first reading, title
read by Clerk Motion by Mr Merkl that Council Bill 100 be approved on
first reading, ordered published, public hearing be set for Monday,
August 26, 1991 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect 15 days after final
publication, seconded by Mr Selstad
CITY COUNCIL MINUTES
July 8, 1991
Page -4-
Dis~ussion followed, during which it was de0ided that a new Ordinance on
first reading would be brougl-Jt in at tl-Je next meeting, changing Section
26 18 B of the Zoning Ordinance, whi~h would in~lude greenhouses,
kennels, etc as a perwitted use and would therefore eliminate the need
for the Special Use Perolits All existing uses which are in properties
whi~h were A-2 and are now being made into A-l by virtue of tl-Jis
rezoning ordinan~e, would be legal uses, uses by rigl-Jt, because they
were made prior to the change from A-2 to A-l Anyone else who wanted
to come in and make a new use of those properties, a dog kennel,
cattery, veterinary I-Jospital, greenhouse, would be uses by Special Use
Permit Anybody who has tl-Je use now 0an keep it
Mrs Brougham asked for a friendly amendment that all property owners
affected by the rezoning be re-notified by registered mail with an
explanation and a public I-Jearing date Mr Merkl accepted this
Mr FIasco will vote against this because he is totally confused and
feels the whole thing ought to go back to square one
Motion carried 6-1 with Mr FIasco voting No
Item 7 Council Bill 101 - An Ordinance providing for the approval of a
Special Use Permit to allow a Kennel in an Agricultural-One
Zone District on land located at 4219 Xenon Street, City of
Wheat Ridge, County of Jefferson, State of Colorado
(Case No SUP-91-1) (City of Wheat Ridge)
Item 8 Council Bill 102 - An Ordinance providing for tl-Je approval of a
Special Use Permit to allow a Cat Kennel in an Agricultural-One
Zone Distri~t on land located at 12410 West 44th Avenue, City
of Wheat Ridge, County of Jefferson, State of Colorado
(Case No SUP-91-2) (City of Wheat Ridge)
Item 9 Council bill 103 - An Ordinance providing for tl-Je approval of a
Special Use Permit to allow a Kennel in an Agricultural-One
Zone Distri0t on land located at 11440 West 44th Avenue, City
of Wheat Ridge, County of Jefferson, State of Colorado
(Case No SUP-91-j) (City of Wheat Ridge)
Item 10 Council Bill 104 - An Ordinan~e providing for the approval of a
Special Use Permit to allow a Greenhouse in an Agricultural-One
Zone District on land located at 4280 Vivian Street, City of
Wheat Ridge, County of Jefferson, State of Colorado
(Case No SUP-91-4) (City of ~heat Ridge)
Item 11. Council Bill 105 - An Ordinance providing for the approval of a
Special Use Permit to allow a Greenhouse in an Agricultural-One
Zone District on land located at 12200 West 44th Avenue, City
of Wheat Ridge, County of Jefferson, State of Colorado
(Case No SUP-91-5) (City of Wheat Ridge)
CITY COUNCIL MINUTES
July 8, 1991
Page -5-
Item---1.L Council Bill 106 - An Ordinan<"e providing for the approval of
a Special Use Permit to allow a Greenhouse in an
Agricultural-One Zone District on land lo!'ated at 4325 Urban
Street, City of Wheat Ridge, County of Jefferson, State of
Colorado
(Case No SUP-91-6) (City of Wheat Ridge)
I tern 13
Coun<"il Bill 107 - An Ordinance providing for the appruval of
a Spe<"ial Use Permit to allow a Greenl-Jouse in an
Agricultural-One Zone District on land located at 4322 Xenon
Street, City of Wheat Ridge, County of Jefferson, State of
Colorado
(Case No SUP-91-7) (City of Wheat Ridge)
Motion by hr Merkl to Table Council Bills 101 througl-J 107, seconded by
Mr Selstad, carried 7-0
Mrs Brougham asked for clarification from Council that not only will
the property owners be notified by certified mail, but that each
property will be posted and that tl-Je legal description of these
properties be published She also asked that the map be published on a
full size page in the paper witl-J streets <"learly marked
Mr Davis asked for a compromise to I-Jave addresses of properties instead
of legal des<"riptions, Mrs Brougham agreed to that Mr Merkl stated
that in past rezonings not every property was posted, 4 or 5 posting
signs were put up in the area, owners were notified by certified mail,
but no legal descriptions were provided for ea<"h property
Mr Selstad also asked that all property owners be notified and further
asked that Mr Hayes give a short legal opinion to the effect that
because of tl-Je difficulty of putting all the exact legal des<"riptions
instead we proceeded to do this to <"over all the bases
Mr Hayes offered that his memo to Mrs Brougl-Jam be part of the Minutes
(See attached)
Motion by Mrs Brougham that we I-Jave as mu<"h posting on each property as
possible, as <"lear an address as possible in the legal notice in the
paper and a <"learer map with more streets on it, seconded by Mr FIasco,
carried 7-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 14
Bid Award for Traffic Material for 1991-1992
Motion by Mr
Material for
to Acct No
Merkl that we a<"<,,ept the recommended bids for the Traffic
1991/1992 and that all costs for tl-Jese materials be <"harged
01-304-660, seconded by Mr Selstad, carried 7-0
Item 15
Bid Award for 1991 Curb, Gutter and Sidewalk Program
Motion by Mr Davis tl-Jat the 1991 Concrete Rehabilitation Pr)gram,
Project M-CGS-91, be awarded to Citywide Enterprises in the amount of
their bid, $99,877 65
CITY COUNCIL MINUTt~
July 0, 19<;11
Page -6-
I further move that a 2% early ~omp]etion incentive bonus in the amount
of $2,000 be established
I further move that a force H~co~nt/contingen~y in the amount of $8,000
be establisheo
I further move that the Director of Publi~ Works be authorized to issue
change orOers up to the total amount of the ~ontra~t and
~ontingency/for~e a~~ount and that the total proje0t ~ost of $109,877 b5
be charged to Capital Improvement Fund A~~t 30-303-842
I further move tl-Jat the funos be en~umbered for tl-Je length of the
project which expressly allows the expenditure of funds in 1992 for tl-Jis
proje~t in a~coroance with Ordinance U787, Series of 1989
I further move that the sum of $10,000 be transferred from Capital
Improvements Acct 30-303-850, 32no Avenue, Kipling to Simms, into
Capital Improvements Fund 30-303-842,
se~onoerJ by t'lr Merkl, ~arried 7-0
Item 16
Solar System Monitoring Report ano Recommendations
Jack Prose answereo Council's questions Dis~ussion includeo that only
minor repairs should be taken care of at tl-Jis time, major expenditures
shoulo be put in the budget and oiscussed at budget time Jack Prose
was asked to come back witl-J a list of minor repairs and anytl-Jing that
presents a health and safety problem Also, Council wants the
consultants to give a verbal presentation
I tern 17
Motion to pay $4,000 to the Wheat Rioge Carnation Festival
ConaTl i t tee
Motion by Mr Merkl that $4,000 be paid from A~~t 01-606-799 to the
WI-Jeat Rioge Carnation Festival Committee, seconoed by Mr Merkl, carrieo
7-0
I t em 18
Oral Presentation re
Police Communications Upgrade
Chief Hurst stated that this presentation was basically a continuation
of the presentation tl-Jat was made about a year ago by tl-Je
communications task for~e Tonight they want direction from the City
Council whether or not they should proceed and if they 00, it will need
some allo~ation of funos There is ~ompetition for oollars, however
this project is inevitable whetl-Jer it is done now or in five years from
now Problems with performance and repair of equipment are evident at
this time
Lt Darlin~er gave advantages and disaovantages to sharing a system
Dis~ussion followed
Consensus was 7-0 to have this brought ba~k to the next Council Meeting
If there are $14,000 within the budget without going to unallo~ated,
the City ~an ~o out for an RFP and do tl-Jeir own study
CITY COUNCIL MINUTES
July 8, 1991
Page -7-
CITY ADMINISTRATOR'S MATTERS
Mike Smitl-J reminded everybody that Bill Thornton would be here on Friday
and hoped that everybody could come to the meeting
ELECTED OFFICIALS' MATTERS
Larry Merkl asked what happened to all the sirens in the City and asked
that this be looked into Some sort of system needs to be in place
He asked when the frontage road on 3~nd would be constructed--answer was
next year or tl-Je following year
Elise Brougham asked for consensus to put dis~ussion of reinstating A-2
zoning on the August or September Study Session No consensus was
rea~hed
Tony FIasco asked Council to reaffirm their position against Metro Area
Connection that will run between Auraria Campus and Five Points, he has
to vote O~ this and wants to make sure he votes a~~ording to Council
directive Consensus was to have Mr FIasco vote No
Kent Davis asked for Council Consensus to put between $15,000 and
$16,000 into the budget for next year to buy planters for 38th Avenue
Consensus was 7-0
Motion by Mr Shanley to adjourn, seconded by Mr Eafanti, carried 6-1
with Mr Merkl voting No
Meeting adjourned at 10 49 p m
~~~ . '_II. IL. _., \ ,v." <.
wanda Sang, City ~erk
APPROVED BY CITY COUNCIL ON JULY 22, 1991 LY A VOTE OF
// II-
I\. ~/<J /;, L<~.J
Kent Davis, Council President
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