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HomeMy WebLinkAbout09/23/1985 September 23, 1985 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, Larry Merkl, Clyde E Hobbs, Moe Keller, Nancy Snow, Randy West Dan Wilde was absent Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes; City Treasurer, Jim Malone; Director of Community Development, Charles Stromberg; staff; and interested citizens APPROVAL OF MINUTES of September 9, 1985 Motion by Mrs Keller for the approval of the Minutes of September 9, 1985; seconded by Mr Merkl Mr Hobbs and Mr Davis asked to abstain because they were not present at that meeting Motion carried 5-0 with Councilmembers Hobbs and Davis abstaining PROCLAMATIONS OR CEREMONIES Mental Illness Awareness Week - October 6 through October 12, 1985 Max Lucero was present to receive this proclamation from the Mayor Adult Day Care Week - September 22- 28, 1985 Boy Scout Troop 514 was present and recognized CITIZENS' RIGHTS TO SPEAK No one was present to speak PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Public Hearing on the 1986 Annual Budget No one was present to speak on the budget Item 2 Council Bill 199 - An Ordinance providing for the approval of rezoning from Residential-One to Residential-One-A on land located northwest of West 32nd Avenue and Nelson Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-85-13) (Hedlund Homes) Council Bill 199 was introduced by Mr read by the Clerk Applicant was not give him a chance to get here Merkl on second reading; title present, so Council took Item 4 to CITY COUNCIL MINUTES September 23, 1985 Page -2- Item 4 Council Bill 20l - An Ordinance authorizing the issuance and sale of an Industrial Development Revenue Bond (Wadsworth Building Corporation Project), Series 1985, in the principal amount of $1,200,000 and approving the form and authorizing the execution of certain documents relating thereto (postponed from September 9, 1985 at applicant's request) Council Bill 201 was introduced on second reading by Mr Merkl; title read by the Clerk; Ordinance No 632 assigned Motion by Mr Merkl for the adoption of Ordinance 632; seconded by Mr Davis; carried 6-1 with Mr Hobbs voting No Item 2 Applicant was now present, so Council heard this item at this time Mr Stromberg presented the case (case file, packet materials, slides, exhibits, subdivision regulations, were accepted by the Mayor) Present and sworn in by the Mayor Nas applicant, Virgil Hedlund, 2510 W Fountain Drive, Golden, who presented his reasons for wanting the rezoning and presented his project to Council Speaking in opposition and sworn in by the Mayor were Ann Neal, 3395 Nelson, who presented a protest to Council and gave her reasons for being against the rezoning; Tom Abbott, 10780 W 35th Avenue, spoke regarding the down-zoning for profits Discussion followed Mr Hayes stated the protest is legal and will take 3/4 of entire Council to pass Discussion followed Motion by Mr Merkl for the adoption of Council Bill 199 with the following conditions 1 Final drainage plan is required and that it needs to be approved by Public Works; 2 No modular homes may be built in this development; 3 That the covenants submitted are to be updated and become part of development at the final plating stage; seconded by Mr Davis Mr Davis seconded the motion because he feels the restrictive covenants presented tonight would have some control on the development and that the testimony given tonight does make the housing more available and more people could qualify much easier and it does comply with Comprehensive Plan Mrs Snow stated she will be voting no for various reasons 1 Property is already within the Comprehensive Plan; no legal reason to rezone property in order to make it in compliance with the Comprehensive Plan 2. Majority of land surrounding this property is R-l land to west and east is R-l, small portion of north only is R-2 and a portion of south is 2-R in Lakewood, to be truly compatible and comparable to the surrounding neighborhood, it should remain R-l 3 She does not accept the statements of the applicant that making an R-l property would cost an additional forty-thousand to fifty-thousand dollars No evidence submitted that land costs in the area area any of that kind of magnitude 4 Have been no changes in neighborhood to justify this rezoning 5. No error in zoning maps which would make the zoning from R-l to R-IA justified Mr Flasco stated he will be voting No 1 Planning Commission recommended denial 2 Staff made no recommendation for approval or denial so that in itself is almost a recommendation for denial as far as he is concerned Motion failed 2-5 with Councilmembers Merkl and Davis voting yes CITY COUNCIL MINUTES Item 3 September 23, 1985 Page -3- Application by Hedlund Homes for approval of a thirty-two lot preliminary Subdivision Plat for property located northwest of West 32nd Avenue and Nelson Street (Case No WS-85-l) Item 5 Item 3 was not heard because Item 2 was denied Council Bill 202 - An Ordinance providing for the approval of rezoning from Restricted Commercial (R-C) to Planned Commercial Development (PCD) and approval of an Outline and Final Development plan and Plat on Real Property located at 7615 and 7777 West 38th Avenue and 3825-35 Wadsworth Blvd (aka Wilmore Nursery) (Case No WZ-85-18) (LVW Investment Company and The Charles S Golding Company) Council Bill 202 was introduced by Hrs Keller on second reading; title read by the Clerk; Ordinance No 632 assigned Mr Kirkwood presented the case Present and sworn in by the Mayor were Stephen Driftmeir, 17 Rangeview Drive, gave background on business of Wilmore Nursery and Development; Steve Sweeney, 12835 E Arapahoe Road, Aurora, presented artist rendition of the center; Lynn C Dennison, 3900 Yarrow, voiced his concerns of entry and exit on 38th Avenue; Gordon Harwood, 7801 W 39th Ave, voiced concerns the same as Mr Dennison's; proposed shut-off on alleyway to 39th Avenue; Jack Deal, architect, 8690 Wolff Ct., answered Council's questions Motion by Mrs Keller that Council Bill 202 (Ordinance 632) be approved for the following reasons and with the following conditions Reasons 1 The proposed rezoning, outline and final development plan and plat are consistent with the Comprehensive Plan designation of Co~nercial Activity Center for this area 2 All requirements of the zoning Ordinance and Subdivision Regulations for Planned Commercial Development and Outline and Final Development Plan and Plat have been met 3 All service agencies and departments indicate ability to serve and have no objections, subject to the conditions shown in the staff report Conditions 1 That an agreement regarding traffic control devices at the West 38th Avenue access drive at Yukon Court and cost sharing for such be developed as acceptable to the Public Works Department 2 That the $75 per unit assessment recommended by Parks & Recreation be assessed 3 Cost to be determined by the percent of traffic generated by each development; seconded by Mr West Mrs Snow asked Mrs. Keller to add to her motion that at such time as warrants are met under applicable adopted traffic standards Mrs Keller accepted that as part of her motion and that was agreeable to second Motion carried 7-0 Item 6 Council Bill 203 - An Ordinance amending Section 20 C , Planned Commercial Development District, General Regulations, of Appendix A of the Code of Laws of the City of Wheat Ridge Council Bill 203 was introduced on second reading by Mrs Snow; title read by the Clerk; Ordinance No 634 assigned Motion by Mrs Snow for the adoption of Ordinance 634, and that it take effect immediately; seconded by Hrs Keller; carried 5-2 with Mr Hobbs and Mr Davis voting No CITY COUNCIL MINUTES September 23, 1985 Page -4- Item 7 Council Bill 204 - An Ordinance authorizing the issuance and sale of the City of Wheat Ridge 1985 floating rate multifamily housing revenue bonds (Wheat Ridge Housing Limited Partnership Project) for the purpose of making a loan to assist in the financing of costs of a multifamily rental project, and authorizing the execution and delivery of various documents pertaining to the loan and of a trust indenture securing the payment of the bonds Council Bill 204 was introduced on second reading by Mr Merkl; title read by the Clerk; Ordinance No 635 assigned Sworn in by the Mayor were Carl Cerveny, who was present on behalf of applicant, Harcourt, to answer questions by Council; Martha Shacklett, 3592 Simms Street, who feels we do not need anymore multifamily housing. City doesn't need to be a helping hand Discussion followed Motion by Mr Merkl for the adoption of Ordinance 635; seconded by Mr Davis; carried 6-l with Mr Hobbs voting No Item 8 Council Bill 207 - An Ordinance amending Chapter 2 of the Code of Laws of the City of Wheat Ridge by adding Section 2 14 6 "Economic Development", describing the duties and responsibili- ties of the Director of Economic Development Motion by Mr Merkl to continue this item until the October 7, 1985 Study Session, and to be on the Agenda for the October 14, 1985 Regular Meeting; seconded by Mrs Snow; carried 6-1 with Mr FIasco voting No Item 9 Council Bill 208 - An Ordinance establishing the salary for the elected positions of Mayor, members of City Council, City Clerk, and City Treasurer, of the City of Wheat Ridge, during the term of office commencing November 11, 1985, and ending November 9, 1987 for the two-year terms, and November 13, 1989, for the four-year terms; repealing Ordinances 353, 354, 355, 356, 458, and 548; and providing for an automatic repeal and termination of this Ordinance. Council Bill 208 was introduced on second reading by Mrs Snow; title read by the Clerk; Ordinance No 636 assigned Motion by Mrs Snow for the adoption of Ordinance 636 and to amend that City Treasurer receive $24,000 per year/$2000 per month; seconded by Mr West; carried 7-0 CITY COUNCIL MINUTES September 23, 1985 Page -5- Item 10 Council Bill 210 - An Ordinance authorizing the issuance of Sales/Use Tax Revenue Bonds Anticipation Notes, Series 1985, of the City of Wheat Ridge, Colorado, in the total principal amount of $11,000,000, for the purposes of Developing a Stormwater Management Master Plan pursuant to which the City shall construct and install a Stormwater Drainage System; Acquiring, Constructing, Improving and Installing a System of Stormwater Drainage Facilities within the City; Improving, Installing and Constructing Street Improvements; including curb, gutter and sidewalk improvements; Constructing, Improving and Installing other Capital Improvements ("The Capital Improvement Program"); providing for the use of Sales/Use Tax proceeds to pay said Series 1985 Notes and the Interest thereon; and prescribing other details in connection therewith Council Bill 210 was introduced on second reading by Mrs Keller; title read by the Clerk; Ordinance No 637 assigned Speaking in opposition and sworn in by the Mayor were Louise Turner, 11256 W 38th Ave, who stated she just can't believe the Council can't see through this; can't believe they would do this to the people of this City, who have put their trust in Council; can't believe they would do it in an election year; a whole lot of the ordinance is left open to wondering, and in talking to Council, no two agree on what it does; would borrow $10,000,000 without the vote of the people; we need to know how many on Council are going to vote on this before the election Phyllis Lancaster, 4076 Everett, who stated this should go before a vote of the people; too many unknowns in Ordinance; the word shall in ordinance is a commitment Martha Shacklett, 3592 Simms Street, who stated it seems like they are saying 2% Sales Tax isn't enough What in excess are they putting out over $11,000,000 Mayor Stites stated he will veto this Ordinance if it passes City has never had any indebtedness; has always been a pay as you go Steve Bell, 7627 Moore, explained the type of bonds these are Mr Flasco stated he will be voting No, because he feels this is wrong, violates the City Charter, people have the right to make this decision--go to the vote of the people Discussion followed Motion by Mr Merkl to amend to add after "curb and gutter "as necessary to move surface drainage"; seconded by Mr West; carried 5-2 with Mr Hobbs and Mr FIasco voting No Motion by Mrs Keller for approval as amended; seconded by Mr Merkl; carried 5-2 with Mr Hobbs and Mr Flasco voting No Motion by Mr Merkl to suspend the rules and continue the meeting until 12 00 P m to complete through items 22; seconded by Mrs Snow; Failed 3-4 with Councilmembers West, Flasco, Hobbs, and Davis voting No Motion by Mr Merkl to suspend the rules and complete the Agenda seconded by Mrs Keller; carried 4-3 with Councilmembers West, Hobbs, and Davis voting No CITY COUNCIL MINUTES September 23, 1985 Page -6- Item 11 Application by Wilbur Deandrea, 5855 West 38th Avenue, for a Special Use Permit for a temporary waiver of parking lot paving requirement (Case No SUP-85-9) Mr Stromberg presented the case Wilbur Deandrea, 3335 Ingalls, applicant, was sworn in by the Mayor, and gave his reasons for wanting the SUP Motion by Mr Merkl to give the applicant a temporary certificate of occupancy, expiring May l5, 1986, and staff withhold any specific enforcement of these sections of the Ordinance until that date and that a letter of credit be given to the City and if all work is not completed by May 15, 1986, the letter of credit will be called due by the City and City will perform work on that date; seconded by Mr Davis Discussion followed Mr Flasco stated he will be voting No, staff has recommended denial of parking lot surfacing; staff has recommended denial of landscape waiver, and Fire Department is very unhappy about it in two places on staff report Motion carried 5-1 with Mr Flasco voting No ORDINANCES ON FIRST READING Item 12 Council Bill 211 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-l) to Residential-One-C (R-lC) on land located at approximately 4650 Parfet and 4651 Oak Street, City of Wheat Ridge, County of Jefferson, Colorado Council Bill 21l was introduced by Mrs Snow on first reading; title read by Clerk; Motion by Mrs Snow that Council Bill 211 be approved on first reading, ordered published, public hearing be set for Monday, October 28, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication; seconded by Mr Merkl; carried 7-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 13 Resolution 953 - authorizing the City of Wheat Ridge to enter into an Intergovernmental Agreement with the County of Jefferson in order to provide for the performance of certain duties by the County Clerk Resolution 953 was introduced by Mr Merkl adoption of Resolution 953; seconded by Mr Motion by Mr Merkl for the West; carried 7-0 Item 14 Motion to approve judges list, judges pay, and polling places Motion by Mrs Snow to approve the Judges' list as printed; payment of $50 to each regular judge; $60 to each supply judge (no mileage); and the following locations as poling places ye Olde Fire House, Wheat Ridge Senior Center, Evangel Baptist Church, Martensen Elementary, Kullerstrand Elementary, Wheat Ridge Lutheran Church, Anderson Community Building, and Fruitdale Adult Education Center; and costs to be charged to Account No Ol-108-708; seconded by Mr. Davis; carried 7-0. CITY COUNCIL MINUTES September 23, 1985 Page -7- Item 15 Motion by Hrs Snow to approve the liquor renewal application for Copa Cavana, 9110 W 44th Avenue, owned by Roberto and Sara Diaz, and authorize the Mayor to sign the application Mr West stated he would be voting No because of the liquor violations, they have been selling to teenagers Motion carried 5-2 with Mr West and Mr Flasco voting No Item 16 Resolution 954 - amending Resolution 915 adopting salary schedule and providing pay grades and pay ranges for fiscal year 1985 (Director of Finance) Motion by Mrs Snow not to approve Resolution 9l5; seconded by Hr Davis; carried 7-0 Item 17 Resolution 955 - amending Resolution 915 adopting salary schedule and providing pay grades and pay ranges for fiscal year 1985 (Director of Economic Development) Motion by Hr Flasco to table Resolution 955 and bring it back at the next regular meeting after discussing it on October 7 Study Session; seconded by Mr. Davis; carried 6-1 with Hr Hobbs voting No Item 18 Motion by Mr Keller Mr that we need Item 19 Resolution 956 - supporting the State of Colorado Tax Amnesty Program from September 16 through November 15, 1985 Merkl for the adoption of Resolution 956; seconded by Davis stated he would be voting No, because he doesn't this Motion carried 6-1 with Mr Davis voting No Mrs see Motion to buy the IBM-III-60 copier fro $12,345 Motion by Hrs Keller that based on the initial concept in January, 1984, to enter into a Copier-Fiscal Lease and build credit towards purchase of IBM-III-60 Copier, I move that the purchase of subject copier be approved for the amount of $12,345 Funds for this purchase are available from current approved lease payments (4 months @ $1,584 = $6,336), plus non spent dollars in Account #19-117-809 (Budget/approved Revenue Sharing dollars in Finance Department); seconded by Mr. West; carried 6-1 with Mr Hobbs voting No Item 20 $20,250 Motion to award contract for the clean-up of 3705 Jay Street property to Wycon Construction Company in the amount of Motion by Mr Merkl that since the clean-up work at the Davis property has been completed by the owners at this time the City reject all bids for the clean-up and send Wycon a thank-you letter for their bid, and that Davis property owners complete some work that still needs to be done; seconded by Hr West; carried 5-0 with Mr Davis abstaining Item 21 Motion by Mr Merkl to award bid for the lounge furniture for the Senior Center to Corporate Interiors in the amount of $7,008 20 with all costs to be charged to account #53-602-799; seconded by Mrs Keller; carried 7-0 CITY COUNCIL MINUTES September 23, 1985 Page -8- Item 22. Resolution 957 - authorizing reimbursement from City of Wheat Ridge's attributable share of the Jefferson County Open Space Fund for Parks and Open Space Development Resolution 957 was introduced by Mrs Keller. Motion by Mrs Keller for the approval of Resolution 957; seconded by Mr Merkl Mr Davis stated that appraisal was made on property that the City didn't buy Motion carried 6-1 with Mr Davis voting No Motion by Mr Davis to adjourn; seconded by Mr West; carried 3-2 with Mr Merkl and Mr Flasco voting No Meeting adjourned at 12 10 P m L.- Jiv// ,i,.. '>--Lff Wanda Sang, City C rk APPROVED BY COUNCIL ON OCTOBER 14, 1985 BY A VOTE OF 3' TO 0 .fi-6L~V,.o....Vl<-- Dan Wilde, Council President.