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HomeMy WebLinkAbout05/13/1985 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO MAY 13, 1985 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Kent Davis, Tony FIasco, Larry Merkl, Clyde E Hobbs, Moe Keller, Nancy Snow, Randy West, and Dan Wilde Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes; Director of Community Development, Charles Stromberg; staff; and interested citizens APPROVAL OF MINUTES of April 22, 1985 Motion by Mr Wilde for approval of the Minutes of April 22, 1985; seconded by Mr Hobbs; Mr West asked to abstain because he was not present at that meeting Mr Hayes asked that the spelling of two names be changed, namely on page 3 "Mike Rayborn" should be "George Moore Graber"; on page 6 "Richard Easton" should be "Richard Eason" Mrs Keller stated that on page 7 the Brown property is not by Prospect Park but at the end of Jellison Street Motion with corrections carried 7-0 with Mr West abstaining CITIZENS' RIGHTS TO SPEAK Ross Kuzmich, 4385 Kendall Street, addressed Case No SUP-85-3; stated the case was misrepresented by Planning Department and read portion of a letter into the record Franz Egere, 7020 W 38th Avenue, requested no Diesel Repair be allowed under SUP-85-3 Helen Steele, 2100 Linda Vista Drive, representative of RTD, spoke regarding changes in RTD scheduling in Wheat Ridge; stated she is available to members of Council if they have questions, passed out her cards PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 170 - An Ordinance amending various sections of Appendix A, Zoning Ordinance, of the Wheat Ridge Code of Laws, City of Wheat Ridge, County of Jefferson, State of Colorado, relating to Multifamily Residential Development Requirements and Landscaping Requirements Council Bill 170 was introduced on second reading by Mrs Snow; title read by the Clerk Mr Gidley gave the staff report Speaking in favor of Council Bill 170 and sworn in by the Mayor were Dougal Graham, 3330 Chase (affirmed to tell the truth); addressed the positive action of Council Bill 170 and urged legislation to carry out the intent of C B 170; Claudia Worth, 4650 Oak Street, read a letter from Wheat Ridge United Neighborhood into the record; Connie Rossillion, 6505 W 35th CITY COUNCIL MINUTES MAY 13, 1985 PAGE -2- Avenue, reiterated what the other speakers said; Louise Turner, 11256 W 38th Avenue, showed graphics to illustrate R-2 and R-3 zoning as it exists; Werner Kleindorfer, 321l Ames, submitted a list of residents of Ames Street who support C B 170; George Sigg, 3625 Benton and Lillian Fleming, 6303 W 29th Avenue, also spoke in favor Lillian Fleming illustrated high and low density with graphics Speaking in opposition and sworn in by the Mayor was Will Burt, 12290 W 35th Avenue, speaking on behalf of Wheat Ridge Today and Tomorrow agrees with side and rear yard setbacks; no change in sidewalk requirements; combination of lots is extremely important in a city the size of Wheat Ridge; Jerry Roach, 6545 W 44th Avenue, feels C B 170 would be too much government Council asked questions of those who spoke in favor Dorothy Thompson, 3410 Chase Street, was sworn in by the Mayor and answered questions, as did staff Motion by Mr Hobbs to Table Council Bill 170, send it back to Community Development Committee, that setbacks remain as now, Council Bill be brought back on June 17, 1985; seconded by Mr Merkl Mr West will be voting No because it has been discussed for a year and has gone to Community Development Committee and Planning Commission; would like it passed tonight Discussion followed Mr Hobbs called for the question; seconded by Mr Davis; carried 6-2 with Mrs Keller and Mr West voting No Vote on original motion caried 5-3 with Councilmembers West, Wilde, and Snow voting No Item 2 Council Bill 183 - An Ordinance amending Section 4-4 1 of the Code of Laws of the City of Wheat Ridge, relating to Animal Caused Disturbances Council Bill 183 was introduced on second reading by Mr Merkl; title read by the Clerk; Ordinance No 617 assigned Motion by Mr Merkl for the adoption of Council Bill 183 (Ordinance 617) on second reading with the amendment that instead of "sound or cry" the words "frequent habitual howling, barking, or other unreasonable noise" be inserted; seconded by Mr West; carried 7-1 with Mr Hobbs voting No Item 3 Council Bill 186 - An Ordinance providing for the approval of rezoning from Agricultural-One, Commercial-One and Planned Industrial Development to Commercial-Two with the condition that uses permitted shall be only all Commercial-One uses and a combined Retail/Wholesale Use on Property located west of Kipling Street, North of West 49th Avenue, East of Miller Street and South of the Public Service Company Transmission Line Easement (Case No WZ-85-9) Motion by Mr Merkl to postpone recommendation; seconded by Mrs Mr Hobbs voting No this case until June 17, 1985 at staff's Snow; carried 6-2 with Mr Davis and CITY COUNCIL MINUTES Item 4 MAY 13, 1 985 PAGE -3- Council Bill 187 - An Ordinance authorizing the issuance and sale of $5,125,000 City of Wheat Ridge, Colorado Industrial Development Revenue Bonds, Series 1985A (First Federal Savings Bank of Colorado Collateralized Letter of Credit __ FirstBank of Wheat Ridge Project) to finance a project for Wheat Ridge Bank Building Limited Partnership; ratifying certain action heretofore taken; authorizing the execution and delivery by the City of a financing agreement, indenture of trust, bond purchase agreement, such bonds and closing documents in connection therewith; making determinations as to the sufficiency of revenues and as to other matters related to such project; and repealing action heretofore taken in conflict therewith Council Bill 187 was introduced on second reading by Mr Merkl; title read by the Clerk; Ordinance No 618 assigned Douglas Jessop, Bond attorney, 632 17th Street, Denver, stated the blank dates in Ordinance should be 1995 Motion by Mr Merkl for the adoption of Council Bill 187 (Ordinance 618) with the date of 1995 included and any amendments from the May 8, 1985 memorandum from Sherman and Howard, and that the Ordinance become effective immediately; seconded by Mr West; carried 7-1 with Mr Hobbs voting No Item 5 Request to consider a proposal by the West 44th Avenue Master Planning Task Force to amend the Wheat Ridge Comprehensive Plan for the general area between Kipling to Youngfield and Interstate-70 to Clear Creek The amendments will, if adopted, add a new section entitled "Section IV Master Plans for area development Mr Gidley gave the staff report Claudia Worth stated she had a problem with the multiuse plan around the truck stop; asked that any change in that area should come in with site plan; stated it is important that there be neighborhood commercial Warren Johnson, speaking for Fruitdale Valley Master Plan Committee, was sworn in by the Mayor and answered Council's questions and concerns Also sworn in was Gary Winton, POBox 9, Wheat Ridge, who explained how their meetings were advertised and posted Motion by Mr Hobbs that the following actions be approved relating to Case No. WPA-85-2: 1 That the Immediate Action Recommendations be accepted and that those items which the City is already pursuing, we continue to pursue The other items should be referred to the Parks & Recreation Commission and Department for their specific recommendations, proposals and cost estimates so that they may be considered for implementation in the 1986 budget 2 That the "Master Plan" and Development Guidelines for the Fruitdale Valley Neighborhood" be approved as an addition to the Wheat Ridge Comprehensive Plan 3 That the Comprehensive Plan-Future Land Use Map be amended as proposed in Exhibit B I further move that the members of the Fruitdale Valley Master Plan Committee be commended for their fine work and effort, and the many hours which they have devoted to the City and especially to this neighborhood; seconded by Mrs Keller; Mrs Snow asked to amend the motion to modify Exhibit C, so recommendation on 44th Avenue match what Council previously agreed to--4 lanes without median; seconded by Mr FIasco; Discussion followed CITY COUNCIL MINUTES MAY 13, 1985 PAGE -4- Mr Hobbs called for the question; seconded by Mr Merkl; Failed 3-5 with Councilmembers West, Wilde, Keller, FIasco, and Snow voting No Vote on amendment carried 5-3 with Councilmembers FIasco, Davis, and Hobbs voting No Vote on original motion as amended carried 8-0 ORDINANCES ON FIRST READING Item 6 Council Bill 188 - An Ordinance initiating an amendment to the Home Rule Charter of the City of Wheat Ridge, amending Section 4 3(B), terms of office, of said charter to provide for staggered four year terms of office for members of City Council Council Bill 188 was introduced by Mr Wilde on first reading; title read by Clerk; Motion by Mr Wilde that Council Bill 188 be approved on first reading, ordered published, public hearing be set for Monday, June 17, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication; and that "Ordinance 533" be taken out before publication; seconded by Mr FIasco; carried 8-0 Item 7 Council Bill 189 - An Ordinance providing for the approval of rezoning from Residential-Two (R-2) to Planned Commercial Development (PCD) and approval of an outline development plan on land located at the northwest corner of West 35th Avenue and Wadsworth Blvd, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-84-22) (Integrated Development Corporation) Council Bill 189 was introduced by Mr Hobbs on first reading; title read by Clerk; Motion by Mr Hobbs that Council Bill 189 be approved on first reading, ordered published, public hearing be set for Monday, June 17, 1985 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 West; carried 8-0 Item 8 Council Bill 190 - An Ordinance providing for the approval of a change of Zone from Commercial-One (C-l) to Residential-Two (R-2) on land located at 4430 Yarrow Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-85-7) (Michael Lee Saracino) Mr Hobbs asked to abstain on this item since he had worked on this Council Bill 190 was introduced by Mrs Keller on first reading; title read by Clerk; Motion by ~1rs Keller that Council Bill 190 be approved on first reading, ordered published, public hearing be set for Monday, June 17, 1985 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 FIasco; carried 7-0 with Mr Hobbs abstaining CITY COUNCIL MINUTES MAY 13, 1985 PAGE -5- DECISIONS, RESOLUTIONS, AND MOTIONS Item 9 Motion to set a I-mile radius for a liquor survey for Dixon Inn, 12100 W 44th Avenue Motion by Mr Merkl that the neighborhood be set at a I-mile radius, that a survey to establish the needs and desires of the neighborhood be taken, and that the public hearing on this application be held on June 17, 1985; seconded by Mr FIasco; carried 8-0 Item 10 Motion to add to Council Rule 5.6 This item should be information only--to be brought back May 20, 1985 Item 11 Motion by ~1r Hobbs to award the bid to move the cabin in Johnson Park to Ernie Ryberg Housemovers, at a total cost of $6,150, to be charged to account number 32-601-858; seconded by Mr Davis; carried 8-0 Item 12 Motion regarding Renewal of Sales Tax Interruption Insurance Motion by Mrs Keller that we purchase Sales Tax Interruption Insurance from International Surplus Lines Insurance Company, for a premium of $10,000 to be charged to account number 610-781; seconded by ~1r Hobbs; carried 6-2 with Mr West and Mr Davis voting No CITY ATTORNEY'S MATTERS John Hayes asked if Council wanted Ordinance brought in on parity pay to coincide with Civil Service Personnel Rules Council agreed He also asked for a motion to hold Special Meeting Motion by Mr FIasco to cancel the Study Session on June 3, 1985 and to hold a Special Meeting on June 6, 1985 to hear bids only; seconded by Mr Wilde; carried 8-0 Motion by Mr Merkl to hold an Executive Session under 5 7(b)(1)(A) of the Charter and to adjourn immediately after the Executive Session; seconded by Mr Hobbs; carried 7-1 with Mrs Snow voting No EXECUTIVE SESSION WAS HELD Meeting adjourned at 11 30 P m ( ;0 t:l$;f Clty lerk Approved by City Council on May 20, 1985 by a vote of ~ to ~ ~) aN1-~ , Wanda Sang, , ~~ Dan Wilde, Council President