The URL can be used to link to this page

Home My WebLink About07/08/1996 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building JULY 8. 1996 The Regular City Council was called to order by Mayor Wilde at 7'00 p m Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean Fields, Janelle Shaver, Ken Siler, Tony Solano, and Claudia Worth Also present: City Clerk, Wanda Sang, City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City Attorney, Gerald Dahl, Director of Planning, Glen Gidley; Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES of June 24, 1996 Motion by Mr Siler for the approval of the Minutes of June 24, 1996 as corrected; seconded by Mr DiTullio, carried 8-0 CITIZENS' RIGHTS TO SPEAK Chuck Perrotti complained that Wheat Ridge does not have a law against putting items in somebody else's dumpster; we also don't have an ordinance about people cleaning up after their dogs and no noise ordinance He also left a copy of a newspaper article "Arvada group seeks growth cap" He feels the proportion of homes vs businesses in Wheat Ridge is very unequal; we need more revenue and we aren't getting it from homes PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Approval of Expenditure Items. Motion by Mrs. Worth for approval of expenditure items, seconded by Mr Siler; carried 8-0 Item 2. Council Bill 28 - An ordinance providing for the approval of a right- of-way vacation of excess right located at approximately 10050 West 49th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WV-96-3) (B.G.T Enterprises) Council Bill 28 was introduced on second reading by Mrs. Worth, title read by the Clerk; Ordinance No 1034 assigned. CITY COUNCIL MINUTES JULY 8, 1996 PAGE -2- Applicant, Terry Oman, 5261 South Zinnia Court, Littleton, was sworn in by the Mayor He explained that B G T Enterprises is asking Council to approve three items. Right-of-way vacation on 49th Avenue, approval for five-lot subdivision at approximately 4951 Kipling Street; and approval of site plan He introduced Jerry Kannapan, designer of their site plan, Jenny Shrader, their engineer; John Felton, representing Burger King, and Bob Murray from the Amoco Station. He explained their plans for the site and answered questions Glen Gidley was sworn in and presented the staff report. The following speakers were sworn in by the Mayor' Ramona Reed, M D , owns business just north of the development. She is concerned about drainage and doesn't want her parking lot to become a retaining pond John Felton, representing Burger King, gave reasons for the necessesity of following the site plan in regards to Burger King and to allow the proposed curb cut. Bob Murray, proprietor of Amoco Station, had concerns about traffic problems if he has to share a curb cut. John Eatwell, Architect for Burger King, stated that the best location for a curb cut is the one they are requesting. Jerry Kannapan, designer of the site plan, was present to answer questions He stated that this is a quality, community-friendly development. Jenny Shrader, civil engineer for the project, was present to answer questions. Motion by Mrs Worth that Council Bill 28 be approved on 2nd reading, which if approved, will vacate the right-of-way denoted as Tract B on the proposed plat, and located at approximately 10051 West 49th Avenue With the following conditions 1 Tract B is not needed for public access purposes 2. Utility easements will remain in place Seconded by Mr Solano, carried 8-0 Motion by Mrs Worth that Case MS-96-6, a request for a five-lot subdivision filed under the name of Blue Grass Terrace, located at approximately 4951 Kipling Street, be approved with the following conditions 1 Proposed curb cut on Kipling between proposed lot 1 and lot 2, be allowed 2 That a sound barrier fence be constructed on the east side of the Reed property; seconded by Mr Solano, carried 8-0 CITY COUNCIL MINUTES JULY 8, 1996 PAGE -3- Motion by Mrs Worth that Case No WSP-96-1, a request for a site plan development, located at approximately 4951 Kipling Street, be approved with the following conditions 1 Revise note #2 to read as follows "Auto, RV, boat, camper sales, service or rental for same, semi-truck parking, and any other use that requires outside storage, display, or operations, shall be excluded as a permitted use 2 No billboard signs may be permitted 3 Current RV storage use may be allowed on site, except upon full built out of site plan. 4 That an island or median as the developer and Public Works worked out, be constructed between lot 1 and 2 to prevent left-hand turns. 5 A drainage plan be filed and accepted by Public Works before building permits are issued, ensuring adjacent properties protection from additional run-off; seconded by Mr Solano Motion by Mrs Shaver to amend to delete stipulation No 4, seconded by Mr DiTullio, failed 2-6 with Mrs Shaver and Mr DiTullio voting yes Original Motion carried 8-0 Item 3. Council Bill 30 - An ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 168 (b) Item 3 was mistakenly placed on the Agenda and will be heard July 22, 1996. Item 4. Council Bill 25 - An ordinance providing for the approval of rezoning from Planned Commercial Development to a revised Planned Commercial Development District on land located at 4990 Independence, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-96-5) (Star Guide Corporation) TO BE CONTINUED UNTIL JULY 22, 1996 Motion by Mr Siler to continue this Item and the public hearing to July 22, 1996, seconded by Mr Eafanti; carried 6-0 CITY COUNCIL MINUTES Item 5. JULY 8, 1996 PAGE -4- A. Council Bill 26 - An ordinance vacating portions of West 42nd Avenue, West 43rd Avenue and Kendall Street within the City of Wheat Ridge, County of Jefferson, State of Colorado adjacent to 4265, 4275, 4285, and 4295 Kendall Street and 6215, 6217 and 6219 West 41st Avenue (Case No. WV-95-2) B Council Bill 27 - An ordinance repealing Ordinance 1004, Series Of 1995 Council Bills 26 and 27 were introduced on second reading by Mrs. Dalbec; Ordinance numbers 1035 and 1036 assigned. Motion by Mrs. Dalbec for approval of Council Bill 27 and that it take effect 1 day after final publication, seconded by Mr Siler; carried 8-0 Motion by Mrs. Dalbec for approval of Council Bill 26 and that it take effect 1 day after final publication, seconded by Mr Eafanti; carried 8-0 ORDINANCES ON FIRST READING Item 6. Council Bill 31 - An ordinance providing for the approval of a special use permit to allow the placement of over 20,000 cubic yards of fill material on land located at 9505 West 1-70 Frontage Road North, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-96-3) (Greg Downs for Pacifica Holding Company) Council Bill 31 was introduced by Mr DiTullio, title and summary read by the Clerk. Motion by Mr DiTullio to postpone Council Bill 31 until a neighborhood meeting has been held and the Wheat Ridge Planning Commission has heard Case No SUP-96-3, seconded by Mrs Fields After discussion Mr DiTullio called for the question, seconded by Mr Solano, carried 7-1 with Mr Siler voting no Original Motion carried 5-3 with Councilmembers Siler, Eafanti, and Solano voting no CITY COUNCIL MINUTES JULY 8, 1996 PAGE -5- Item 7. Council Bill 32 - An ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to charter section 168 (b) Council Bill 32 was introduced on first reading by Mrs Worth, title read by the Clerk. Motion by Mrs Worth that Council Bill 32 be approved on first reading, ordered published, public hearing be set for Monday, July 22, 1996 at 7'00 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect upon passage, seconded by Mr Siler Mrs Worth asked that the term for mayor be changed to "two" consecutive terms, she made that part of her motion, second accepted Motion failed 4-4 with Councilmembers Siler, Eafanti, Fields, and Worth voting yes Mayor Wilde broke the tie by voting yes Motion carried 5-4 Motion by Mrs Worth that City Attorney come back with several different scenarios of how this could work fairly for all the Councilmembers for the second reading; seconded by Mr Siler; carried 6-2 with Mrs Shaver and Mr DiTullio voting no. Item 8. A. Council Bill 33 - An ordinance amending the Code of Laws, Zoning Code, relating to fences, walls and obstructions to view, Section 26-30 (I) of the Code of Laws of the City of Wheat Ridge, Colorado B Council Bill 34 - An ordinance amending the Code of Laws, Zoning Code, relating to fences, walls and obstructions to view, Section 26-30 (I) and an Ordinance amending the Code of Laws, Zoning Code, relating to office street parking requirements, Section 26-31 (C) (7) of the Code of Laws of the City of Wheat Ridge, Colorado Council Bills 33 and 34 were introduced on first reading by Mrs Fields, titles read by the Clerk. Motion by Mrs Dalbec to postpone Council Bill 33 until it has gone to the Planning Commission, seconded by Mr Solano Mr DiTullio called for the question, seconded by Mr Solano, carried 7-1 with Mrs Worth voting no Motion carried 8-0 CITY COUNCIL MINUTES JULY 8, 1996 PAGE -6- Motion by Mrs. Dalbec that Mr Middaugh direct staff to a moratorium on existing fences that fall into the realm of what we are discussing until after the Council public hearing, seconded by Mrs. Worth, failed 4-4 with Councilmembers Eafanti, Dalbec, Worth, and Fields voting yes Mayor Wilde broke the tie by voting no Motion failed 5-4 Motion by Mr Solano to send Council Bill 34 to the Planning Commission, seconded by Mrs. Worth. Mrs. Worth asked for an amendment to change the 36 inches back to 42 inches This was accepted as a friendly amendment; carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 9. Staff support for Comprehensive Plan update Nancy Snow, Chairperson for the Comprehensive Plan Committee, spoke in support of this Item. Motion by Mrs. Fields that the staff be authorized to use Community Matters, Inc on a retainer basis for support services associated with the Comprehensive Plan update rather than to hire another employee for the project; seconded by Mr DiTullio; carried 8-0 Item 10. @@IRI@~lNJiJ ,%@.l[gINJ[Q),%~ A. Resolution 1542 - authorizing use of the public right-of-way by the Wheat Ridge Carnation Festival, Inc., to post signs exempt from regulation, advertising the Wheat Ridge Carnation Festival. B Budget transfer for Public Works Shop fax machine C Budget transfer for postage expenditures. D Right-of-way clarification, approximately 12345 West 38th Avenue Motion by Mr Solano for the approval of the Consent Agenda, seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINU1?ES JULY 8, 1996 PAGE -7- ELECTED OFFICIALS MATTERS Mrs Worth asked for consensus that Mr Middaugh prepare a Resolution regarding Hazardous Material on City streets, this Resolution is to be sent to the Department of transportation along with a letter that Mr Middaugh prepared. Consensus was 8 in favor Motion by Mr Eafanti to go past 11'00 p.m , seconded by Mrs Dalbec; carried 6-2 with Mr Solano and Mr DiTullio voting no Motion by Mrs. Worth that the City draw up a Resolution protesting the County charging commercial tax on properties boarding horses, seconded by Mrs. Dalbec, carried 8-0 Mrs Fields asked that an item be placed on a future study session (August) to discuss staffing at City Hall on Friday afternoons Motion by Mrs Dalbec to adjourn, seconded by Mr Solano, carried 7-1 with Mrs Shaver voting no Meeting adjourned at 11 :20 p m. \~ OVED BY CITY COUNCIL ON JULY 22, 1996 BY A VOTE OF ~ TO ~ C~"'. \~