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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 1ge -2- 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 ige -3- 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 ige -4- 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 L tv' lTES July 8, 1985 1ge -5- 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