Loading...
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