Loading...
HomeMy WebLinkAbout07/13/1987 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO July 13. 1987 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Kent Davis, Tony Flasco, Doris Ibbison, Rod Johnson, Larry Merkl, Moe Keller, Randy West, and Claudia Worth Also present City Clerk, Wanda Sang, Acting City Administrator & Chief of Police, Howard Jaquay, City Attorney, John Hayes, Director of Community Development, Charles Stromberg, Director of Parks, Richara Bredt, Director of Planning, Glen Gidley, staff, and interested citizens APPROVAL OF MINUTES on June 22, 1987 Motion by Mrs ~orth to approve the Minutes of June 22, 1987 with the following amendments Page 1, Dorothy Thompson's comments - the party at Wheat Riage library was the "Lake Wobegon" party, page 2 - Motion by "Mrs " West should be "Mr " West, page 4 under Item 6 Mrs Worth seconded instead of Mrs Keller, page 5 - under Item 15 insert "Mrs Worth asked Mr Hayes if she could vote, since she was a member of the Historical Society Mr Hayes affirmed she could", page 6 - under her comments delete "parks", seconded by Mr West, carried 7-0 with Mr Johnson abstaining CITIZENS' RIGHT TO SPEAK John Kinoshita and Rocco Astuno of Greencrest Realty, 6890 W 44th Avenue, representing Mr & Mrs Ken Bowser, stated the Bowers wish to negotiate the sale of their land behind their home at 4504 Everett Drive They presented aocuments of the description of the land Mr Merkl stated that this should be submitted to the Parks and Recreation Department He asked City Attorney to review the documents before Parks & Recreation would review them Ralph Dahnke, General Manager of Great American Hotels, 10101 South 1-70 Service Road, asked for a moratorium on parking ordinance from 7/21 to 7/27/87, for the National Hot Rod Association race at Banaimere Mr Hayes stated the moratorium would be for everywhere, not just the motel Motion by Mrs Worth tu declare a moratorium on Parking Ordinance to allow Great American, Quality Inn, Tabor Lake Inn, American Family Lodge, Villa, Motel 6, Ramada, Six Pence, LaQuinta, during the time of the Bandimere races on July 21-27, 1987 After the 27th, moratorium is lifted and no parking of major vehicles will be allowed after that date in parking lots, seconded by Mrs Keller Motion by Mr Fiasco to amend the motion to allow major vehicle parking in the City during that time period, seconded by Mr Johnson, carried 5-3 with Councilmembers Keller, West, and Worth voting No Motion as amended carried 6-2 with Mrs Keller and Mrs Worth voting No CITY COUNCIL MINUTES July 13, 1987 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item-1_ Council Bill 302 - An Ordinance vacating a portion of a dedicated cul-de-sac within the City of Wheat Ridge, County of Jefferson, State of Colorado (Approximately 3355 Dudley) (Case No WV-87-4) Council Bill 302 was introduced by Mr Merkl on second reading, title read by the Clerk, Ordinance No 720 assigned Mr Gidley presented the case Motion by Mr Merkl for the adoption of Council Bill 302 (Ordinance 720) on second reading, further move that the vacated property be conveyed by Quit Claim Deed, to the abutting property, seconded by Mr West, carried 8-0 Ite~-?_ Council Bill 294 - An Ordinance ~roviding for the approval of a revised Outline Development Plan ana Final Plan and Plat on land located at 4020 ana 4084 wadsworth Blvd , City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-bb-24) (Rodger Barsch and Randolph Currier) Continued from June 22, 1987 Council Bill 294 was introduced by Mr Johnson on second reading, title read by the Clerk Motion by Mr Johnson to continue this item to August 10, 1987 at applicants' request, seconded by Mr West, carried 8-0 Item 3. AT Council Bill 299 - An Ordinance providin~ for the approval of rezoning from Residential-One to Residential-One-A on land located at the northwest corner of Parfet Street and West 32nd Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-87-1) (MiChael Schneider) B) An application by Michael Schneider for approval of a seven lot subdivision for property located at the northwest corner of Parfet and West 32nd Avenue (Case No WS-87-1) A) Mr Gidley presented Council Bill 29~, Clerk read title, Ordinance 721 was assigned Present and sworn in by the Mayor were Charles Collins, 3274 Pierson, who stated he was originally opposed to this, but after hearing all testimony, he has changed his mind and is now in favor of this develo~ment, Thomas Abbott, 10780 W 48th Avenue, concurs with Mr Collins, believes this could have been worked out prior to coming to Council, feels neighborhOOd has to always be on the defensive of anything that comes in, feels this feeling should be reversed Discussion followed Motion by Mr West that Council bill 29~ (Ordinance 721) be approved for the following reasons 1 The proposed zonin~ would be in conformance with the low density classification for this property ~ Since the proposed zoning allows only single family units the parcels would be comparable in size to the lots in the neighborhOOd, seconded by Mrs Keller, carried 8-0 CITY COUNCIL MINUTES July 13, 1987 Page -3- b) t-lotion by Mr west that Case No wS-b 1-1 be approved for the following reasons 1 The drainage plan has been approved 2 Staff recommends approval With the following conditions 1 The developer be required to construct the streets and all other required public improvements prior to the issuance of a Certificate of Occupancy for the first structure 2 The location of drainage easements be shown on the plat 3 Access on Lot 7 be allowed only on Parfet Street and not on 32nd Avenue 4 That all utility lines be underground, seconded by Mrs Keller, carried 8-0 ORDINANCES ON FIRST READING ,Item!:!.~ Council Bill 304 - An Ordinance providing for the approval of an Amended Outline and Final Development Plan and change of uses permitted for a Planned Commercial Development (PCD) Zone District located at 7750 west 38th Avenue (Case No WZ-87-3) (William Baldry, Jr for Congo on Investment Company) Council Bill 304 was introduced by Mr Merkl on first reading, title read by Clerk, Motion by Mr Merkl that Council Bill 304 be approved on first reading, ordered published, public hearing be set for Monday, August 10, 19~7, 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 Johnson, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item-2~ Resolution 1043 - authorizing the Jefferson County Open Space Officials to secure professional appraisal on and to acquire a portion of the Wheat Ridge Lumber Company property located on West 44th Avenue, in Wheat Ridge, Colorado Resolution 1043 was introduced by Mrs Keller, title read by the Clerk Motion by Mrs Ibbison for approval, seconded by Mrs Keller Mr Davis stated he will vote no, because he aoesn't feel we should be using Open Space funds for this Mr West will vote no, because he feels this is a missuse of Open Space funds Motion by Mr FIasco to strike the words "and to acquire", seconded by Mr Davis, carried 5-3 with Councilmembers ~eller, Merkl, and Worth voting No Vote on Motion as amended carried 5-3 with Councilmembers Davis, FIasco, and West voting No Item 6. Motion by Mr Johnson that Browne, Bortz & Coddington, Inc be selected as the firm to provide Economic Development Consulting Services, and that Councilmembers Johnson, City Attorney John hayes, and Acting City Administrator Howard Jaquay, be authorized to negotiate a specific contract with Browne, Bortz & COddington, such contract not to exceed $63,000 with monies to be paid from Acct #35-120-750 I further move that monies for this purpose be transferred from Acct #35-120-795 to Acct #35-120-750, seconded by Mr Fiasco Discussion followed Motion carried 8-0 CITY COUNCIL MINUTES July 13, 1987 Page -4- Item 7 Motion by Mr West that the revised 1988 Budget Preparation SChedule as presented be approved, seconaed by Mrs Worth, carried 8-0 Item 8. Motion by Mrs Keller that the City Council accept the Quit Claim Deed at 12151 West 44th Avenue, and that $10 00 be charged to Account #31-303-852, seconded by Mrs Worth, carried 8-0 CITY ADMINISTRATOR'S MATTERS Howard Jaquay addressed request by Councilmember Johnson, that Council be able to see what they have approved to purchase Request was for Mr Jaquay to set date and time CITY ATTORNEY'S MATTERS John Hayes addressed Court hearing on Monday, July 6, 1987, on the Currier Matter, for discussion on what was to go into the record on appeal Discussion was such, that he feels very comfortable the way the matter progressed Court is going to allow arguments on City's motion to dismiss the second claim, which is dama~e claim against individual Councilmembers He feels more confident now, than he had even in the past, that we will be successful on that matter Brief will be filed by July 20 2 He addressed the United States Supreme Court decision on the second of the cases before it, the Knowland vs California Coastal Commission case Again, the popular action to the case eXUdes the limitations of the case Essentially all the US Supreme Court did, was to deCide the same thing the Colorado Supreme Court did about 6 years ago in the Bethlehem Evangelical Lutheran Church case If you are going to require an exaction from a developer, the extent of the exaction must match the extent of damage being caused by impact on public property, caused by the development Anything more than that constitutes a taking, anything less is acceptable 3 Attended a portion of a Land Use Seminar put on by the American Planning Association Learned moratoria are generally upheld without an award of damages if their duration is limited and if their timing is such to concluding with a planning effort 4 He and Mr Stromberg will be havinb a meeting on wednesday morning with the Ross/Trammel/Crow folks, to go over development and disposition agreement The consultants he was asked to retain, are on board, will have a meeting with Mr Windholtz Tuesday morning to get ready for Wednesaay's meeting Addressed his memorandum to Council ELECTED OFFICIALS' MATTERS .f~ Clerk, wanda Sang, broubht the "inforrJJation only" iterus in packet to Council's attention Randy West stated he is sad to hear of Kuppenheimer's closing and their move from Park & Shop CITY COUNCIL MINUT~S July 13,1987 Page -5- Tony FIasco stated he received a call on Martensen project, requested staff to have a meeting with property owners to inform them Asked where we stand on 44th & Upham traffic light, also, 44th & Vance Suggested since street is torn up it be done now Asked what is takinb place with Jarvis dedication of 39th Avenue--reply was that it is on next agenda Addressed 41st Avenue--since dips have been removed, they are speeding on that street Motion by Mr Fiasco to appoint Raymond H Huck from District II to the Arborist Board, seconded by Mr Davis, carried 8-0 Claudia Worth addressed Caravan West and application from Manager motion included they must take the seminar, both owners & manager the Clerk hold the license? Do they get their license or what? Mr Hayes stated they will be contacted and apprised of the condition She was called by a Mr Moody last week about flags not being flown at City Hall on holidays, requests flags be flown at all times Mayor stated situation has been taken care of Motion by Mrs Worth to fly the Tree City USA flag at City Hall also, seconded by Mr FIasco, Carried 8-0 Claudia Worth asked Mr Jaquay to supply her with an updated copy of the goal session that Council had She stated she would not be here for the July 27 meeting Her Does Moe Keller asked about a call from a constituent who lives at 52na & Tabor, about the Rainbow Ridge project Her concerns were about the Rainbow Subdivision, years ago there was an agreement to address the natural drainage flow problem by putting in two drainage catch basins at that intersection Rainbow Ridge did that and now they are taking them out and building two houses on that corner lot The concern is whether or not they will be replaced and what the plans are on that riage Asked this be looked into Also asked Street Committee if they know when the rural design will come before Planning Commission Asked Mr Jaquay to find out for her Doris Ibbison stated short people are having trouble seeing around foliage at street crossings, asked Sentinel to remind people of the legal height of foliage (42") Larry Merkl asked if trees in parks can be sprayed for worms Ibbison asked to also spray for mosquitoes Doris Motion by Mr West to adjourn, seconded by Mr Merkl, carried 7-1 with Mr Davis voting No Meeting adjourned at 9 18 P m //, I ,-' _~'"'- Wanda Sang, Ci ti-CI~rK'--------_._- APPROVED BY CITY COUNCIL ON JULY 27, 1987 BY A VOTE OF 5 TO 0 /< -' " __ 7 / j _ _ -<- .I Kent Davis, CounciI-presraen~