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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 /~ to - '-- ~~C1~...A..i --\..J^-.-,,__,A ,- Dan Wilde, Council President