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.