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HomeMy WebLinkAbout05/20/1985
MAY 20, 1985
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
The City Council Meeting was called to order by the Mayor at 7 30 P ill
Councilmembers present Kent Davis, Larry Merkl, Clyde E HObbs, Moe
Keller, and Dan Wilde Also present; Deputy City Clerk, Christa Jones;
City Attorney, John Hayes; Director of Community Development, Charles
Stromberg; staff and interested citizens
APPROVAL OF MINUTES of May 13, 1985
Motion by Mr Hobbs to approve the Minutes of May 13, 1985 as
printed; seconded by Mr Wilde; carried 5-0
Mr
Mrs
West arrived at 7 32 pm, Mr
Snow arrived at 7 35 p m
FIasco arrived at 7 33 pm, and
CITIZENS' RIGHTS TO SPEAK
There was no one present to speak
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
Application by International Bank of Wheat Ridge for Site
Plan approval in the Wadsworth Activity Center for
property located at 7391 West 38th Avenue
(Case No WSP-85-5) (International Bank of Wheat Ridge)
Mr Kirkwood gave the staff report and entered documents into the
record Richard Eason, 2261 E Dartmouth, attorney for the
applicants was sworn in by the Mayor and introduced Mr Charles
Smukler, Chairman of International Bancorp, John Simmons, Executive
Vice President of International Bank, who will serve as President
of the International Bank when it opens in Wheat Ridge,
Mr Steve Brooks, architect; Joe Drew, Officer of International
Bank; Richard Kreucher, President of the International Bank of
Denver; also present was Mr Willard Owens, owner of the property
in question Mr Eason spoke in favor of the application and gave
a brief background report Council asked questions of staff
regarding easements, traffic exiting bank, width of exit, traffic
on 38th Avenue, location of automatic teller Steve Brooks,
architect, was sworn in by the Mayor and gave a brief explanation
regarding the drive-up windows Motion by Mr Hobbs to approve the
attached, revised Site Plan dated May 20, 1985 within the Wadsworth
Activity Center, including waiver of the curb cut setback, for the
following reasons 1 The Site Plan is in compliance with the
Comprehensive Plan, Wadsworth Activity Center Master Plan and Town
Center Urban Renewal Plan
CITY COUNCIL MINUTES
May 20, 1985
Page -2-
2 The proposed Site Plan meets all requirements of the Zoning Ordinance,
excepting the curb cut setback waiver 3 The proposed Site Plan
furthers the development of the Town Center Urban Renewal Plan 4
Staff recommends approval; seconded by Mr Merkl; carried 8-0
Item 2
Proposal to amend the Wheat Ridge Subdivision Regulations,
Section Two, C 1 e , relating to exemption of Subdivision
Regulation requirements to lots with existing building
development
(Case No SRA-84-1)
Mr Stromberg gave background report Discussion followed Motion
by Mrs Snow that Case No SRA-84-1 which amends the Subdivision
Regulations, Section Two, C 1 e , regarding Exemption of
Subdivision Regulations for two-family residences be denied;
seconded by Mr Merkl carried 8-0
Item 3
Reconsideration of Resolution No
approving the revision of Kipling
Renewal Plan and Area
940 A Resolution
Activity Center Urban
Don Lancaster, 4076 Everett St , was sworn in by the Mayor Mr
Lancaster stated that he would like to keep this area in Urban
Renewal and that the majority of the Urban Renewal Authority agreed
with him Motion by Mr Merkl that we leave the area previously
put into the Urban Renewal Authority in the Urban Renewal Authority
with the exception of lots 61, 18, 74, and Sanders Industrial Park;
seconded by Mrs Snow; failed 4-4 with Councilmembers West, Keller
Merkl and Snow voting Yes
Motion by Mr Hobbs that the entire area from Miller Street, to
Kipling Street, from 1-70 north to Public Service right-of-way
line, be completely taken out of the Urban Renewal Authority;
seconded by Mr Davis; failed 4-4 with Councilmembers FIasco,
Wilde, Hobbs, and Davis voting yes Motion by Mr Hobbs to
reconsider the first Motion; (Mr Merkl's) seconded by Mrs Snow;
carried 5-3 with Councilmembers West, FIasco, and Davis voting No
Motion by Mr Hobbs that we remove the Sanders Industrial Park,
parcel 61, 18 and 74 from the Urban Renewal Authority; seconded by
Mrs Snow; carried 6-2 with Mr West and Mr Davis voting No
Motion by Mr FIasco that we remove the funding of Capital
Improvement increment financing from this area in the Urban
Renewal; seconded by Mr Hobbs; carried 5-3 with Councilmembers
Wilde, Snow, and Davis voting No At Mayor Stites' request Mr
FIasco restated his Motion Motion failed 6-2 with Mr FIasco and
Mr Hobbs voting yes
CITY COUNCIL MINUTES _Aay 20, 1985
L_Je -3-
Item 4. Council Bill 184 - An Ordinance amending Section 2-17 (a)
of the Code of Laws of the City of Wheat Ridge requiring
members of Boards and Commissions to resign their position
as a member of a Board or Commission upon becoming a
Candidate for Elective Office within the City of Wheat
Ridge
Council Bill 184 was introduced on second reading by Mr Hobbs;
title read by the clerk Mr Lancaster, who was previously sworn
in spoke in opposition of this Council Bill Motion by Mr Hobbs
that Council Bill 184 be approved on second reading, and take
effect 15 days after final publication; seconded by Mr Davis
Mrs Snow asked City Attorney if this was constitutional? Mr
Hayes replied that in his opinion it was Discussion followed
Mr West stated that he would be voting No on this because he
felt members of Boards and Commissions are more knowledgeable then
most people and if they want to run for office, more power to them
Mrs Keller also stated that she was going to be voting No because
she agrees with Mr West about the quality of the people on
Boards and Commissions Mrs Snow agreed with Mr West Motion
failed 6-2 with Mr Hobbs and Mr Davis voting yes
Item 5
Council Bill 185 - An Ordinance amending Appendix A,
Zoning Ordinance, of the Code of Laws of the City of Wheat
Ridge by amending Section 25 thereof extending the period
of Non-Conforming Uses of Structure until July 1, 2000
Council Bill 185 was introduced on second reading by Mr Merkl;
title read by the clerk Ordinance No 619 was assigned Motion
by Mr Merkl for the adoption of Council Bill 185 (Ordinance 619)
on second reading; seconded by Mr Hobbs Claudia Worth, 4650 Oak
Street, was sworn in by the Mayor, and stated that she does not
think that you can do much about structures, but use should be
addressed now This Ordinance was passed to get rid of undesirable
businesses such as the Truck Stop Also sworn in by the Mayor was
Janice Thompson, 12290 W 42nd Ave , who asked that non-conforming
businesses and residents be identified Call for the question by
Mr Hobbs; seconded by Mr Davis; failed 6-2 with Mr Hobbs and Mr
Davis voting yes Mrs Snow stated that she would be voting No
because there is no inventory of non-conforming uses area by area;
15 years is a long time Motion by Mr Merkl to amend the
Ordinance to strike the words "until July 1, 2000, on or
before which date they shall be terminated, or for a period not to
exceed fifteen (15) years from the date of the adoption and
amendment thereto to this Ordinance creating said non-conforming
use, and to amend the title to read "Ordinance amending
Appendix A, Zoning Ordinance, of the Code of Laws of the City of
Wheat Ridge, by amending Section 25 thereof by eliminating the
period of non-conforming uses of structures" seconded by Mr
Hobbs; amendment failed 4-4 with Councilmembers Merkl, FIasco,
Hobbs, and Davis voting yes Original Motion carried 6-2 with Mr
Wilde and Mrs Snow voting No
CITY COUNCIL MINUTES -May 20, 1985
h:rge -4-
ORDINANCES ON FIRST READING
Item 6
Council Bill 19l - An Ordinance amending Chapter 21 of the
Code of Laws of the City of Wheat Ridge, Sales and Use Tax
Code, Article I - Retail Sales, by Amending Sections 21-1
- Definitions, Section 21-5 - Exempt Sales, and by adding
a Section 21-20 1 - Nonseverability
Council Bill 191 was introduced on first reading by Mrs Keller;
title read by the Clerk Motion by Mrs Keller that Council Bill
191 be approved on first reading, ordered published, public hearing
to be set for Monday, June 17, 1985 at 7 30 P m in the 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
Motion by Mr FIasco to move up Item 10 because people had signed
up to speak on this item; seconded by Mr Hobbs; carried 8-0
Item 10 Motion to reconsider 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
amendment will, if adopted, add a new section entitled
"Section IV Master Plans for area development "
Mr Hobbs asked if all the people had been notified of the meetings
or if some of the people did not know about these Warren Johnson
and Claudia Worth explained the methods of informing the citizens
in the area of the meetings, such as flyers, questionnaire,
postings, Sentinel legal ads, letters to the Editor, articles,
public hearings, and mailings by the City of Wheat Ridge There was
no Council action taken on this matter Mr West thanked Mr
Johnson
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 7
Motion regarding Sales Tax Interruption Insurance
Motion by Mr West that we
Insurance; seconded by Mrs
Snow and Merkl voting No
do not renew the Sales Tax Interruption
Keller; carried 6-2 with Councilmembers
Item 8
Motion to add to Council Rule 5 6
Motion by Mrs Snow "if a Motion to adjourn passes, or a motion to
continue past 11 00 P m fails, prior to completion of the full
agenda as published, the Mayor shall afford the opportunity to the
City Administrator, City Attorney, and members of Council for a
total of not more then one minute each to declare such an item,
the Mayor shall call for a re-vote without necessity of a new
motion "
CITY COUNCIL MINUTES --May 20, 1985
Page -5-
Motion by Mrs Snow that the above addition to the end of Rule 5 6
of the Council Rules be approved; seconded by Mrs Keller;
amendment by Mr West to amend Mrs Snow's motion to read "for a
total of not more then 30 seconds"; no second to Mr West's
motion Motion by Mr Merkl to take out after "City Attorney,"
"and members of City Council"; seconded by Mr West; amendment
carried 5-3 with Councilmembers Flasco, Keller and Wilde voting No
Motion as amended failed 4-4 with Councilmembers West, Keller,
Merkl, and Snow voting Yes
Item 9
Notice of Appeal regarding Planning Commission's Denial of
SUP-85-4/Rubens - Special Use Permit for a Residential
Group Home for Children, 5435 W 26th Avenue
Mr Merkl stated that in his opinion he did not think Council could
be hearing this matter because we already have a Group Home in
District I Mr Hayes stated that the applicant's have the right
to a hearing Motion by Mrs Snow that we accept the appeal and
that we hear the case on June 24, 1985; seconded by Mrs Keller;
carried 7-1 with Mr West voting No
CITY ATTORNEY'S MATTERS
Mr Hayes had 4 matters to discuss 1) He will not be here on
June 6, 1985 The question of disagreement with Dennis Spencer has
flared up again and he will probably send in an Associate 2)
The appraisal of the Qualteri Property is in progress 3) He
referred to the memo he had distributed in regards to the Russell
Property 4) Mr FIasco had asked him for an Executive Session
regarding possible legal action against the City Motion by Mr
Flasco to hold an Executive Session under Section 5 7 (b) (1) (A)
of the Charter; seconded by Mr Hobbs; Mr Hobbs asked Mr FIasco
to make a friendly amendment to include the Garrison Lake area and
Mr FIasco agreed; carried 5-3, with Councilmembers West, Davis,
and Snow voting No
CITY COUNCIL MINUTES ~,v!ay 20, 1985
l<.-;Je -6-
ELECTED OFFICIAL'S MATTERS
Mrs Keller asked regarding the status of the Brown Property
appraisal; and also about the Rock Gill House
Motion by Mr FIasco that once the Qualteri Property is sold or a
contract is on it, that staff no longer pursue obtaining an
appraisal on it; seconded by Mr Hobbs; failed 4-4 with
Councilmembers Merkl, FIasco, Hobbs, and Davis voting yes
Motion by Mrs Snow that the Senior Center be open on Sunday
afternoons and that classes and other activities be routinely
scheduled; seconded by Mr Hobbs; carried 8-0
Mrs Snow asked that staff forward all correspondence regarding
Special Use Permits, Planning Commission Matters, and Board of
Adjustment Matters to Council
Motion by Mr Hobbs to adjourn immediately after the Executive
Session; seconded by Mr Davis; carried 8-0
Executive Session was held
ADJOURNMENT
Meeting adjourned at II 05 P m
Q~\\
Christa Jones,
- .'\~vJ
eputy City Clerk
Approved by City Council on June 17,1985 by a vote of
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to
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Dan Wilde, Council President