HomeMy WebLinkAbout07/22/1985
JULY 22, 1985
7 30 p m
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
The City Council Meeting was called to order by the Mayor at 7 30 P m
Councilmembers present Kent Davis, Tony FIasco, ~andy West, Dan Wilde,
Larry Merkl, Nancy Snow, Moe Keller and Clyde E Hobbs Also present
Deputy City Clerk, Christa Jones; Acting City Administrator, Rodger
Young; City Attorney, John Hayes; Chief of Planning, Glen Gidley; staff;
and interested citizens
APPROVAL OF MINUTES of July 8, 1985
Motion by Mr Wilde for the approval of the minutes of July 8, 1985;
seconded by Mr Davis; carried 8-0
CITIZENS' RIGHTS TO SPEAK
Claudia Worth, 4650 Oak Street, read a letter from Wheat Ridge United
Neighborhoods dated July 22, 1985 into the record regarding Council
Bills 170 and 195
Carl Scaglione, 6355 W 47th Place, asked what the status of the
drainage project on 47th and Lamar was Mr FIasco asked that Council
not adjourn tonight until something was done about this problem Council
consensus was to make a decision on the 47th Ave , and Lamar Street
Drainage Improvement Project as Item 10
Bradley A Hughes, 6160 W 47th Place, stated he was a neighbor of Mr
Scaglione's and some of his questions had already been answered;
urged Council to take what ever action was necessary to see that the
project continued
George Schrade, 6190 W 47th Place, was there to support his neighbors
Dougal Graham, 3330 Chase Street, read two letters from Area 4 Planning
Committee into the record One was regarding Council Bills 170 and 195,
the other one was regarding Resolution number 947
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1
Motion to set a I-mile radius for a new Class T - Tavern Liquor
License with extended hours for Donald J Becker and Robert G
Blackburn Partnership, dba Rear Door Lounge, located at 4200
Wadsworth Blvd (Time Square Shopping Center) This was
formerly a G - Hotel & Restaurant License for Zimmerman's Rear
Door
CITY COUNCIL MINUTES July 22, 1985
Page -2-
Motion by Mr Hobbs 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 August
l2, 1985, seconded by Mr. Davis; carried 8-0
Item 2
Public Hearing on application by Jacklyn Diane Walker, dba
Valley Liquors, 4992 Ward Road, for a new Class D - Retail
Liquor Store License
Jacklyn Walker, 300 West Geneseo, Layfayette, applicant, and her
consultant, George Befort, 1030 West 78th Ave , Arvada, were sworn in by
the Mayor Mr Befort stated that due to the fact that the City survey
seemed to be somewhat negative, his client had gone out on her own and
conducted a survey on Saturday Out of 171 doorknocks, 75 were for, 15
against the Liquor License, 14 had no opinion, and 67 were not home The
petitions were marked Exhibit A Also sworn in by the Mayor was the
City Surveyor, Mary Lou Chapla, 5485 Newland, Arvada Motion by Mrs
Snow that the application for a new Class D Retail Liquor Store License
for Jacklyn Diane Walker, doing business as Valley Liquors, located at
4992 Ward Road, Wheat Ridge, Colorado, be approved for the following
reasons 1) All applications and fees required by statute have been
filed and paid; 2) Notice of hearing and posting of the premises have
been accomplished according to statutory requirements; 3) The applicant
has been shown by iuveti ti"ct tl~H tv L... uf '::!VV.... Hlvl e1.L <":11<1L <1<"1:."',["; q) '1 ne
evidence adduced at the Public Hearing on July 22, 1985 established that
the needs and desires of the residents of the neighborhood under
consideration are not being met as evidenced by the fact that there is
no Class D license in the I-mile radius, and that the applicant has
submitted a petition with 75 signatures in favor; and as a condition
that the owner and managers attend one of the seminars held by the City
Clerk on the State liquor law; seconded by Mr Davis; carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 3
Council Bill 191 - 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
Motion by Mrs Keller that the Public hearing on this item be postponed
until August 12, 1985; seconded by Mr Davis; carried 8-0
Council Bill 197 - An Ordinance requiring submission of a Site
Plan, and authorizing specification of uses, within the
Fruitdale Valley neighborhood as designated in the Fruitdale
Valley Master Plan, and providing a penalty for violation
thereof
Item 4
Council Bill 197 was introduced on second reading by Mr Davis; title
read by the Clerk Motion by Mr Davis,for the a~option of Council Bill
197 (Ordinance 628); seconded by Mr Wllde; carrled 8-0
CITY COUNCIL MINUTES
July 22, 1985
Page -3-
Item 5
Council Bill 198 - An Ordinance providing for the approval of
rezoning from Residential-Two to Planned Residential
Development and approval of a combined outline and final
planned residential development plan and plat on land located
at approximately 4000 Miller Court, City of Wheat Ridge, County
of Jefferson, State of Colorado
(Case No WZ-85-3) (Ammons Park Development Company)
Council Bill 198 was introduced on second reading by Mr Hobbs; title
read by the Clerk; Mr Gidley presented the staff report; showed
overhead transparencies; and entered exhibits into the record Sworn in
by the Mayor were Doris Ibbison, 3615 Teller Street; Marguerite
Townsend, 3425 Piece Street; George Langdon, 3570 Miller Street; Jack
Griscko, 3151 Miller Ct; Victor Martin, 3660 Lee Street; Jeff Hui~
3975 Miller Street; Jay Huitt, 3975 Miller Street; Armand Manning, 3501
Hoyt Street; Carolyn Pearly, 3825 Robb Street; John Jackson, 9000 W
Jewel, Lakewood; Mike Easler, 1024 W 30th Ave Applicant, John
Jackson, owner of Ammons Park Development Company, and half owner of the
property in question, stated that Mr Huitt is the other owner Jay
Huitt, owner of property and co-developer Jack Huitt presented ---
petitions to Council in favor of development and in favor of the street
All those sworn in by the Mayor spoke in favor of the development
Speaking in opposition and sworn in by the Mayor were Dan Benson, 4045
~1iller Court; Jack Falloni, 3991 Miller Court; Phil Plummer, 10398 W
41st Ave ; Melvin L. Kehm, 4095 Miller Court; Larry Pittman, 4075 Miller
Court; Dale Jernberg, 4025 Miller Court; Morgan Vieweg, 4005 Miller
Court; their concerns included density too high for area; traffic
problems will be bad; drainage situation must be addressed; transition;
no benefit to neighborhood; was defeated by Planning Commission; trouble
in neighborhood Dan Benson presented a legal protest. Motion by Mr.
Hobbs that Council Bill 198, a request for rezoning from Residential-Two
to Planned Residential Development and an approval of a combined
outline, preliminary and final plan and plat, be approved for the
following reasons I) The property is in the City of Wheat Ridge and all
notification and posting requirements have been met, therefore there is
jurisdiction to hear the case 2) The Parks and Recreation Department
have indicated that they have no intention of purchasing property in the
immediate area for park purposes, and, therefore, the parks and open
Space designated did not make sense other then for the Lena Gulch
greenbelt 3) Transitional land use between the low density residential
to the west and potential higher intensity commercial development east
to Kipling would be in keeping with this development 4) The average
units per acre will be 9 27, which is on the lower range of the medium
density classification 5) The proposed townhome project would be
compatible with the vacant land abutting it on the north and east and
with the apartment-type housing development to the south Although the
Planned Residential Development would be of a higher density, it is
compatible with the development to the west 6) All other agency
requirements have been met With the following conditions 1) the
applicant provide final street construction plans meeting the Fire
District's regulations 2) A Special Exception Permit be received 3)
Paving, curb, gutter, and sidewalk extend to Lot 34, with construction
of the units, with dedication of Miller Street and a Development
Agreement for improvements to be accepted along Lot 34
CITY COUNCIL MINUTES
July 22, 1985
Page -4-
4) The landscape plan be amended to meet current City standards and to
include Lot 34 5) That any future proposed multifamily development on
Lot 34 be considered a rezoning to increase overall density on the site,
rather then a site plan amendment 6) That $75 00 per dwelling unit in
lieu of the 5% land dedication be assessed in accordance with the Parks
Cor~ission recommendation 7) That the use of Miller Street for bike
path access to the greenbelt be agreed to by the applicant in accordance
with the Parks Commission recommendation 8) That the applicant add
another parking spot adjacent to the garage on the double garage units
or the single family double garage units 9)That the applicant improve
Miller Street between the north side of the property and West 41st
Avenue and provide a temporary access along the northern line of the
existing residence; seconded by Mr Davis Mrs Snow will be voting no
for the following reasons 1) The proposed development is not consistent
with the Comprehensive Plan, which at present shows Parks and Open
Space If the designation were to be changed because of the City's
decision not to purchase it as a park, it would most logically be
changed to a low density designation in keeping with the designation on
the Comprehensive Plan of the surrounding area as low density In
addition, there has been no change in the neighborhood to justify the
change in zoning 2) The density of the proposed development is
incompatible with the single family residentces to the west, and with
the approved plan for the land to the south, which has been approved for
6 9 units per acre, which is within the low density category 3) The
development would generate additional traffic which would be carried
initially on substandard streets 4) The variance to the 30 foot setback
requirement on Miller Court does not promote compatibility with
adjacent areas, nor solve any problem within the area being rezoned,
except to allow higher density, and this does not meet the requirements
of 12C of Appendix A Mr Wilde will be voting no for 4 of the 5
reasons in Mrs Snow statement Mrs Keller will be voting no for the
same reasons and the additional reason that it will increase the density
in the area Mr West will be voting no for the same reasons Mrs Snow
and Mrs Keller stated Motion failed 4-4 with Councilmembers Snow,
Keller, Wilde, and West voting No
Item 6
A
Council Bill 196 - An Ordinance repealing and reenacting
Section 2-19(d) of the Code of Laws of the City of Wheat Ridge,
relating to the duties and responsibilities of the Personnel
Commission
B
Motion that the City of Wheat Ridge Merit System Personnel
Rules and Regulations be amended by approving the proposed Rule
1
A)
Council Bill 196 was introduced by Mr Merkl on second reading title
read by the Clerk Motion by Mr Merkl for the adoption of Council Bill
196 (Ordinance 629) on second reading; seconded by Mr Wilde; carried
8-0
CITY COUNCIL MINUTES
July 22,1985
Page -5-
B)
Motion by Mr Merkl that the City of Wheat Ridge Merit System Personnel
Rules and Regulation be amended by approving the proposed Rule; seconded
by Mr Wilde; carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 7
A
Resolution No 950 - amending Resolution 915 adopting Salary
Schedule and providing Pay Grades and Pay Ranges for Fiscal
Year 1985
B
Motion to approve Budget Transfers (Fair Labor Standards Act)
Resolution 950 was introduced by Mr
Motion by Mr Merkl for the adoption
Wilde; carried 8-0
Merkl; title read by the Clerk
of Resolution 950; seconded by Mr
Motion by Mr Merkl to approve budget transfers as printed; seconded by
Mr Hobbs
Motion by Mr Merkl to go
entirety; seconded by Mr
Snow and Wilde voting No
past II 00 P m to complete the Agenda in its
Hobbs; carried 5-3 with Councilmembers West,
Discussion followed Mr Davis will be voting no because he thinks we
should have some control of the overtime put in Mrs Snow will be
voting no, and will make a motion later for less than the full amount
Mr FIasco felt the same way as Mr Davis Motion failed 6-2 with Mr
Merkl and Mr Wilde voting yes Motion by Hrs Snow to approve 65% of
this total and that the City Administrator be requested to cut down on
overtime for the remainder of this year; seconded by Mr Davis; carried
6-2 with Mr Wilde and Mr Hobbs voting No
Item 8
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
(continued from July 8, 1985 at applicant's request)
Resolution 949 was introduced by Mr Merkl; title read by the Clerk
Motion by Mr Merkl for the adoption of Resolution 949; seconded by Mr
Davis Hugh V Gregan, 10818 E Guadulope, Tempe, Arizona, President
and owner of Harcourt Development, gave a brief outline of his plans
Gene Fortier, 8745 W Kentucky Avenue, Lakewood, spoke in favor of
granting these Industrial Revenue Bonds Amendments by Mrs Snow that
at least 50% of the units allow children and that there not be over 16
units per acre; seconded by Mr West; failed 6-2 with Councilmembers
West and Snow voting yes
CITY COUNCIL MINUTES
July 22, 1985
Page -6-
Mrs Snow will be voting no because she feels very strongly that we need
housing for children in this city; very few of the units now allow
children; we don't need density of over 16 units per acre Motion
failed 4-4 Motion by Mrs Snow that this Resolution be adopted with
her amendment Motion died for lack of a second
Item 9
Motion by Mrs Keller that the contract for the Traffic Signal
Maintenance Project be awarded to Traffic Systems, Inc , in the
amount of their bid of $39,780 plus an additional $6,205 for
anticipated extra work, for a total of $45,985 All costs to
be charged to Account No 01-302-704 as follows $13,525 for
1985, and $32,460 for 1986; seconded by Mr Merkl; carried 8-0
Item 10 Decision Regarding 47th Avenue and Lamar Street Drainage
Improvement Project
City Engineer, Ric Minetor gave the staff report and referred to his
memo past out that evening Motion by Mr FIasco to continue the
project as planned; appraise the easement and condemn if necessary and
instruct the staff and the City Attorney to start working on that
immediately the first thing in the morning; seconded by Mr Davis
William Moore, 4721 Lamar, spoke regarding flooding in that area; has
seen four floods; wiped out drainage; is opposed to location of the
line; propose to reevaluate job; 0% success Mr FIasco asked that the
citizen's comments at the beginning of the meeting regarding drainage be
incorporated into this matter. Original motion carried 8-0
Item 11
Motion by Mrs Snow to transfer $2,000 from unallocated Acct
No 01-607-795 to Acct No 01-303-6l7 to provide funds for
temporary help in Public Works for weed cutting on ROW's
seconded by MR Wilde; carried 6-2 with Councilmembers Hobbs
and Davis voting No
Item 12
Motion to censure/reprimand Councilmember Randy West
Claudia Worth, 4650 Oak Street, stated that she did not approve of Mr
West's comments, as other people did not approve, but this is still
America; being elected to Council does not mean that one has to give up
the right of free speech; Council President should have stated for the
record that Mr West did not speak for the rest of Councilor staff, but
that these were his own concerns that had nothing to do with the City
and it would have been done and over with; Councilmembers who brought
this up should clean their own house before cleaning someone else's
Louise Turner, 11256 W 38th Avenue, stated that Council could spend
their time better then to turn on one another, especially when it seems
that it is against someone who is generally trying to look out for the
people in his own district Mr West is not responsible to rest of
Council anymore then anyone of them are responsible to the rest of
Council, they are only responsible to the people in their district, the
citizens of Wheat Ridge, who put them into office, and expect them to
look out for their interests
CITY COUNCIL MINUTES
July 22, 1985
Page -7
It is refreshing to people when somebody is willing to stick his or her
neck out in an effort to look out for their interests Even if those
comments may be tactless and not too well thought out at the time or
maybe offend someone a little bit Mrs Turner does not know whose idea
it was to bring this up for censure but she would certainly hope that
the rest of Council would simply vote it down Mrs Snow will be voting
in opposition, she has two major objections 1) She mainly agrees with
Mrs Turner that it is not really for one Councilman to censure another,
the Councilmember is answerable to the electorate 2) What really
bothers her is the great moral tone that these fine gentlemen have
brought up, none of them are in any position to criticize anybody else's
behavior If you took all the trouble caused, all the inconsiderate
remarks, all the harassment of staff, all the unnecessary requests, of
all 7 other people on this Council and put them together, they could not
cause the amount of trouble caused by Clyde Hobbs, who every week is
going to sue somebody, harass somebody, censure somebody, make the staff
do God knows how much work and he should have been censured, if you
believe in that, for what he did on 44th Avenue Mr FIasco accused
somebody on the night of the monumentation program of being dishonest
The most despicable thing the four Councimembers did, was to deprive the
citizens of legal representation, and to force a zoning by default, that
had been lawfully defeated by this Council. This is an election year and
this is a great time to get Randy, but she thinks they are all
despicable
Motion by Mr. FIasco that the Wheat Ridge, City Council censure/publicly
reprimand Councilmember Randy West for inappropriate statements which
are both damaging to the ability of the Wheat Ridge City Council to
function as a responsible public policy making body and to the
reputation and public perception of the City of Wheat Ridge The
particular statements to which this motion is directed are as follows
First, a statement made outside the City Council Chambers, but in the
presence of citizens of the City of Wheat Ridge, that unnamed members of
the City Council "were on the take" as a result of their vote on the
controversial 35th and Wadsworth rezoning
Second, a statement made at the June 24, 1985 City Council Meeting that
when the judge in the group home lawsuit made his ruling he was "too
close to the window and smelled the hops from the brewery", which
statement places the City and its citizens in a negative light in
future cases to be considered by the Jefferson County District Court
Third, the insulting and insensitive question posed to the Mayor of
Edgewater, who appeared as an applicant before the Wheat Ridge City
Council on July 8, which question asked if someone had been "paid off"
prior to the Council's consideration of the request for approval of the
group home permit being sought
In making this motion, I wish to have it clearly understood that no
CITY COUNCIL MINUTeS
July 22, 1985
Page -8-
inference is intended, and none should be inferred, that I or anyone
voting for this motion questions in any manner any vote of Mr West's or
the right of Mr West, or any other Councilmember, to make whatever
statement they deem appropriate However, the negative and insensitive
nature of the statements cited above brings ridicule and disrespect to
the City Council of Wheat Ridge, and more importantly, to the citizens
of this city seconded by Mr Davis Mrs Keller will be voting no; she
is irritated that something so trivial got on the Agenda to start with
She had problems with things that Mr West said in the past and she
called him up and told him so and it is a very simple thing to do and
she doesn't think anyone who signed this paper is in a position to cast
the first stone Mr West stated that he represents the citizens in his
district as best as he can and they are the ones to tell him how to
vote, some of the statements that he supposedly made were not true; he has
no apologies for the Judge; he tried to call Mr Mc Nulty, but he has
not returned his call; he would like to state for the record that one
group home has no connection with the other group home; the four
people who signed this should clean up their own act; this is an
election year; political ploy; half truth Mr Wilde is not in favor of
this censure; feels other things done were much worse, such as the things
that Mrs Snow mentioned, and such as getting mad and storming out of the
Council meeting This item should have been discussed at an Executive
Session; deplores the fact that this is being discussed in public Mr
Davis will be voting for this censure because he feels if Council
doesn't do anything about this, they seem to be condoning Mr West's
statements Motion carried 4-3 with Mr West abstaining; Councilmembers
Keller, Snow and Wilde voting No
Motion by Mrs
(1) (A) of the
carried 8-0
Snow to hold an Executive Session under Section 5 7 (b)
charter to discuss litigation; seconded by Mr Davis;
Executive Session was held
CITY ADMINISTRATOR'S MATTERS
Acting City Administrator, Rodger Young, passed out a memorandum
addressed to City Administrator, Mayor, and City Councilmembers
regarding organizational and management study for the Department of
Public Works and Parks Department as a follow-up to the discussion at
the Preliminary Budget Study Session; asked for Councils direction after
viewing the material given to them The other item to discuss was the
39th and Upham Drainage Street Project, if Council wants the remainder
of this project finished this year he needs their consensus to move
forward with it Motion by Mr Merkl to go ahead and finish the 39th
and Upham Drainage Street project; seconded by Mr Davis; carried 8-0
CITY COUNCIL MINUTES
July 22, 1985
Page -9-
CITY ATTORNEY'S MATTERS
John Hayes asked for Council decision on retaining liquidated damages
from the Midwest signal Company Contract He referred Council to memo
that had been distributed earlier this evening Motion by Mrs Snow to
settle for the controller and the loop detector; seconded by Mr West;
carried 8-0
Motion by Mr West to adjourn; seconded by Mr Davis; carried 8-0
Meeting adjourned at 12 50 a m
~0~ ~ ~\~
Christa Jones, Depu
City Clerk
Approved by Council on this 12th day of August, 1985 by a vote of~
to~
.-
P0--<---'t\~ ~'L '-./
Dan Wilde, Council President