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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 8 TO o