HomeMy WebLinkAbout07/08/1985
JULY 8, 1985
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
The City Council ~1eeting was called to order by the Mayor at 7 30 p m
Councilmembers present Kent Davis, Larry Merkl, Clyde E Hobbs, Moe
Keller, Nancy Snow, Randy West, and Dan Wilde Tony FIasco arrived at
7 35 p m present City Clerk, Wanda Sang; City Administrator, Tom
Palmer; City Attorney, John Hayes Public Works Director, Rodger Young
Director of Community Development, Charles Stromberg Director of Parks,
Richard Bredt; Chief of Police, Howard Jaquay; staff; and interested
citizens
APPROVAL OF MINUTES of June 24, 1985
Motion by Mr Hobbs for approval of the Minutes of June 24, 1985
Mrs Snow requested that changes in Council Bill 195 be a part of
the Minutes Clerk checked Minutes for Council Bill 195 and found
that actually the amendments were discussed at the July 1 Study
Session and that Council Bill 195 was not addressed on June 24,
1985 Motion without any changes carried 8-0
CITIZENS' RIGHTS TO SPEAK
Kay Ore, 10565 W 46th Ave , spoke regarding the 44th Avenue
Beautification Program--nothing has been done asked when something will
be done The answer was that the plans have been drawn up and Mr
Cassel will start the program this fall
LOCAL LIQUOR LICENSING AUTHORITY DECISIONS
Item 1 Motion by Mr Hobbs to approve the Transfer of Ownership from
C & D Ltd , dba Jolly Jack's Liquor Store, 4141 Kipling Street,
to Jerry Richard Sutter, 3752 W 89th Way, Westminster This
is a Class D - Retail Liquor Store License; seconded by Mr
FIasco; carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2
A
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
B
Council Bill 195 - 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,
relatinq to multifamily residential development requirements
and landscaping requirements, and consolidation of multiple
parcels for development
CITY COUN' -l., W lTES'
July 8, 1985
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Council Bill 170 was introduced on second reading by Mrs Snow; title
read by the Clerk Council Bill 195 was introduced on second reading by
Mr Merkl; title read by the Clerk Mr Gidley presented the cases for
both Council Bills Sworn in by the Mayor were Phyllis Lancaster, 4076
Everett Street, and Dorothy Thompson, 3014 Chase Street Both read
letters into the record from Wheat Ridge United Neighborhoods and
submitted petitions and amendments to Council Bill 195 Louise Turner,
11256 W. 38th Avenue, spoke regarding both Council Bills and the threat
of the Mayor to veto Council Bill 170 Warren Johnson, 11680 W 44th
Avenue, stated the two Council Bills are very confusing; wants Council
to make up their minds on one or the other Discussion followed Mr
Hayes stated one thing should be made very clear; the amendment to
Council Bill 195 does not address the issue of density, but addresses
the design of building Motion by Mrs Snow that Council Bills 170 and
195 be continued until July 22, 1985 at City Attorney's and staff's
request; seconded by Mrs Keller Mr Davis stated he would be voting
no because he has heard several people talking about delaying this; it
seems like once a bill is brought in, which is referred to as Council
Bill 170, it doesn't look quite like its going to make it, we go along
and bring in a bill that, as far as he is concerned, meets all the
requirements; then it is brought to Study Session because all of a
sudden there are a few things we have to change, which has delayed it,
now we get to this point, we want to delay it again, because things that
were brought up at the Study Session apparently can't just plug in to
this bill comfortably without affecting many other things--I think
right there in itself there is a problem Mr Hobbs called for the
question seconded by Mr Davis; carried 6-2 with Councilmembers West
and Keller voting No Vote on original motion failed 3-5 with
Councilmembers West, Wilde, and Snow voting yes Mayor Stites asked for
motion on Council Bill 170 Council Bill died for lack of motion
Motion by Mr Merkl for approval of Council Bill 195 (Ordinance 627);
seconded by Mr Flasco; discussion followed Motion by Mrs Keller to
amend motion to include amendments made at the July 1 Study Session;
seconded by Mrs Snow Mr FIasco stated he will be voting no because
he reluctantly agreed to amendment at Study Session and must emphasize
reluctantly in a matter trying to compromise; came here tonight to
listen to staff who have some problems and that caused him to change his
mind; motion failed 4-4 with Councilmembers West, Wilde, Keller, and
Snow voting yes Vote on original motion carried 7-1 with Mr Wilde
voting No
Item 3
Council Bill 192 - An Ordinance vacating the Southern-Most 2
feet of Allison Street as depicted on the recorded plat of the
Ridgeview Gardens Subdivision, within the City of Wheat Ridge,
County of Jefferson, State of Colorado
Council Bill 192 was introduced on second reading by Mr Merkl; title
read by the Clerk; Ordinance No 624 assigned Mr Hayes stated he
needed to call 3 matters to Council's attention 1 Mr Russel, Mr
Doyle, and Mr Maffei are present this evening and did not sign up to
speak, but he had a chance during the break to discuss this matter with
them, they indicated the Ordinance with Mr Hayes' amendment was
acceptable to them 2 Amendment to read in Section I after the words
CITY COUNrlL Ar~NDA
July 8, 1985
"is herebV' vacated", ~dd the words "provided however, that any and all
utility easements presently existing in said vacated property, shall
remain valid and shall not be affected by this street vacation"; 3 On
the plat of Ridgeview Garden Subdivision the street is called "Zephyr
Court" Section 1 of the Ordinance should read "The southern most 2 ft
of Zephyr Court (also known as Allison Street) accOrding to the recorded
plat of the Ridgeview Garden Subdivision Motion by Mr Merkl for the
adoption of Council Bill 192 (Ordinance 624) with changes Mr Hayes
indicated; seconded by Mr Hobbs; carried 8-0
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Item 4
Council Bill 193 - An Ordinance providing for the approval of a
change of zone from Agricultural-One (A-l) to Public
Facilities-One (PF-l) on land located at 4300 Oak Street, City
of Wheat Ridge, County of Jefferson, State of Colorado
(Case No WZ-85-8) (Valley Water District)
Council Bill 193 was introduced on second reading by Mrs Snow; title
read by the Clerk Ordinance No 625 assigned Mr Gidley presented the
case and entered documents into the record Motion by Mrs Snow that
Council Bill 193 (Ordinance 625), a request for a rezoning from
Agricultural-One and Residential-Three to Public FacilitieS-One on
property located at 4300 Oak Street, be approved for the following
reasons 1 The property is within the City of Wheat Ridge and all
notification and posting requirements have been met, therefore there is
jurisdiction to hear this case 2 A Public Utility is an allowable use
in a residential neighborhood 3 Rezoning to Public Facilities-One
would bring the zone classification into conformity with the use of the
property; seconded by Mr Hobbs; carried 8-0
Item 5
Council Bill 194 - An Ordinance providing for the approval of a
Special Use Permit for a Residential Group Home for children on
land located at 5435 W 26th Avenue, City of Wheat Ridge,
County of Jefferson, State of Colorado
(Case No SUP-85-4) (Martha RUbens)
Council Bill 194 was introduced on second reading by Mr Merkl; title
read by the Clerk; Ordinance No 626 assigned Mr Gidley presented the
case Nelson McNulty, 2490 Depew Street, Robert M Walter, 8040 W 22nd
Ave , George Krough, 3235 Ames Street, addressed plans for this
facility Motion by Mr Merkl that Council Bill 194 (Ordinance 626), a
request for a Special Use Permit to operate a residential group home for
children at 5435 W 26th Avenue, be approved for the following reasons
1 Jurisdiction has been established; 2 The request is compatible with
adjacent land uses and zoning if used in conformance with the submitted
site plan and specifically for this use and by the applicant as
indicated; 3 All requirements of Ordinance No 609 have been met; with
the following condition 1 That this group home may not occupy the
premises until the Personal Development Center _ Adolescents is
relocated outside of District One; seconded by Mr Wilde; Mr West
stated he would like to ask Mr MCNulty what the coalition was between
this group home and Dr Panio, that got railroaded into his
district--wondered if there were any deals made--is not accusing anyone
on Council of taking money or anything, just hopes to satisfy his
curiosity as to what kind of deals were made for Mr Panio to move from
this district Mr Merkl asked "meaning who"; Mr West replied he
didn't mention any names, Mr Merkl I'm sorry I'm also concerned that
there is no opposition Motion carried 8-0
CITY COUL
Item 6
u A
lOA
July 8, 1985
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Proposed amendment to the Wheat
IV-20 and IV-24 relating to the
Area" land use classification
"Multiple Use Area" be changed
(Case No WPA-85-4)
Ridge Comprehensive Plan, Pages
definition of the "Multiple Use
It is intended that the term
Mr Gidley presented the case Motion by Mr Hobbs that Case No
WPA-85-4 be approved seconded by Mr Davis; carried 8-0
Item 7
Request to consider a proposal to amend the Wheat Ridge
Comprehensive Plan of the general area bounded by West 38th
Avenue on the north, Jay Street on the east, Highland South
development on the west and West 35th Place extended on the
south The amendment if adopted, would change the Land Use
classification from High Density Residential to Low Density
Residential on the Comprehensive Plan - Future Land Use Map
Mr Gidley presented the case Speaking in favor and sworn in by the
Mayor were Lillian Fleming, 6363 W 29th Avenue, who presented
overviews of her remarks recommending low density; Dorothy Thompson,
3014 Chase Street, speaking for Area Four; Connie Rossillion, 6565 W
31st Avenue, who favors amendment to Comprehensive Plan and its
adoption tlr Davis asked to abstain from voting on this item and item
12 Mayor approved Motion by Mrs Snow that Case No WPA-85-5 be
approved, with staff's Exhibit B representing the approved change to the
Comprehensive Plan - Future Land Use Map; seconded by ~1r West Mr
Merkl stated he will be voting no, because to him it is still zoned R-3,
and they can build on the R-3 portion tomorrow-doesn't make any
difference what it is made on the Comprehensive Plan Mr Flasco will
be voting no because this is not a zoning matter--has a personal problem
with downgrading the use of it, even on a Comprehensive Plan, and then
later in the evening voting for the City to get an appraisal to buy the
property; carried 4-3 with Councilmembers Hobbs, Merkl, and Flasco
voting No
Item 8
DECISIONS, RESOLUTIONS, AND MOTIONS
Resolution 948 - certifying the intent to appropriate cash
match and certifying certain assurances as required by the
Colorado Division of Criminal Justice in conjunction with a
grant application for a police automation project submitted
under the authority of the Federal Justice Assistance Act
Motion by tlr Hobbs for the adoption of Resolution 948; seconded by Mr
Merkl; carried 8-0
Item 9
Motion that
landscaping
(SUP-85-6)
Case No SUP-85-6, a
requirements at 8995
(Kunz Construction)
request for the waiver of
W 44th Avenue, be approved
Mr Gidley presented petitions against this request and also presented
the case Speaking in opposition and sworn in by the Mayor were Patti
Lovaas, 3350 Independence Ct , Robert Lopez, 4785 Dover, Gerry Dungan,
8420 W 46th Ave , all stated the surrounding area was a mess and felt
the applicant should comply with the Zoning Ordinance Applicants
Charles Potuzak, 8890 W 11th Avenue, Roger Potuzak, 3820 Ammons St ,
gave their reasons for desiring the waiver Discussion followed
CITY COUt
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July 8, 1985
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Motion by Mr Hobbs for approval with the condition to plant 10 street
trees on W 44th Avenue east of front parking area; seconded by Mr
Merkl Mrs Snow stated she will be voting no, on positive side this is
a business that has been there a long time, a very valuable part of the
City, but on the negative side, it is also, frankly, one of the messiest
businesses in the City; is surprised that in the last few years
something hasn't been done to clean up the property before this Mr
Flasco stated he will be voting no, feels Planning Commission made
recommendation they were fair in their recommendation, very minor
portion, also had a letter from the Engineering Department also
recommends to go along with Planninq Commission recommendation Mr
West will vote no, agrees with Planning Commission, they have been more
than fair with what they've waived Motion Failed 2-6 with Mr Hobbs
and Mr Merkl voting yes tlotion by Mr Hobbs that Case No SUP-85-6, a
request for the waiver of landscaping requirements at 8995 W 44th
Avenue, be approved for the following reason 1 Jurisdiction has been
established With the following conditions 1 That there be an opaque
fence constructed along the northern property line to provide a buffer
to the residences to the north 2 That the applicant either meet 20% of
all required landscaping on the premises, or that he at least plant 10
street trees along W 44th Avenue east of the front parking area
seconded by Mr Flasco; carried 8-0
Motion by tlr Wilde to suspend the Rules and go past 11 00 P m & finish
the Agenda; seconded by Mr Hobbs; carried 6-1 with Mr Davis voting No
(Mrs Keller was out of the room)
Item 10 Discussion regarding financing alternatives for the stormwater
system in Wheat Ridge
Joe Drew, 6660 W 29th Avenue, Steve Bell, 25 17th Street, presented
several alternatives and recommendations to Council Motion by Mr
Merkl to authorize staff, Hanifen, Imhoff, Inc , and Joe Drew to pursue
this and bring a proposal back to Council in 60 days; seconded by Mr
Wilde; carried 8-0
Item 11 Resolution No 945 - authorizing the City of Wheat Ridge to
purchase the southern thirty feet of the Brown property located
at 4221 Jellison Street in Wheat Ridge
Motion by Mrs Keller for the adoption of Resolution 945; seconded by
Mr Hobbs; carried 8-0
Item 12
Resolution 946 - authorizing the Jefferson County Open Space
Officials to secure professional appraisal on the Davis
property, located at West 35th Avenue and Jay Street in Wheat
Ridge, Colorado
Motion by Mr Hobbs for the adoption of Resolution 946; seconded by Mr
wilde carried 5-2 with Mrs Snow and Mr Merkl voting No and Mr Davis
abstaining
CITY COUNCIL MINUTES
July 8, 1985
Page -6-
Item 13 __.Zes< _-,tion -_47 - rescinding ResolutiG_ Nl- 93~ _ Series of
1985
Motion by Mr Merkl for the adoption of Resolution 947; seconded by Mr
Davis Mrs Snow stated she will be voting No, because she still thinks
this is a proper piece to buy, far better than the other one, better
location, and it is not owned by someone whose home it is who wants to
keep it to live there Motion carried 7-1 with Mrs Snow voting No
Item 14
Resolution 949 - providing for the acquisition, construction
and development of a multifamily housing project located
within the boundaries of the issuer and providing for the
financing of all or a portion of the cost thereof by the
issuance of the issuer's industrial revenue bonds at such time
or times as shall be appropriate
Motion by Mr Merkl to continue this item until July 22, 1985 as per
applicant's request; seconded by Mr Davis; carried 8-0
Item 15
Motion by Mr Hobbs to award the contract for the 1985 Chip
Seal Program to A-I Paving, Inc at their unit price of $0 713
per square yard up to a total amount of budgeted funds of
$150,000 and charged to Account No 31-303-884; seconded by
Mr Davis; carried 8-0
Item 16
Motion that the trip authorized by the Urban Renewal
Authority for Mr Stromberg to travel to the West Edmonton
Mall be approved
Donald Lancaster, 4076 Everett Street, stated WURA is ln favor of Mr
Stromberg's trip to Canada Motion by Mr Merkl for approval; seconded
by Mr West Mr FIasco stated he will be voting No, because Mr
Stromberg is Director of Community Development Mrs Snow stated she
will be voting No, because she doesn't want an Amusement Park in Wheat
Ride Motion failed 3-5 with Councilmembers Wilde, West, and Merkl
voting yes
CITY ADMINISTRATOR'S MATTERS
Mr Palmer reminded Council of the July 15, 1985 Study Session regarding
the preliminary budget
Motion by Mrs Snow to adjourn; seconded by Mr Davis; carried 5-3 with
Councilmembers Wilde, Keller, and Flasco voting no
adjourned at 11 35 p m
APPROVED BY CITY COUNCIL ON JULY 22, 1985 BY A VOTE OF ----'L- TO --ll-
~~
Dan Wilde, Council President