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HomeMy WebLinkAbout09/09/1991 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO September 9, 1991 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Elise Brougham, Kent Davis, Don Eafanti, Phil Edwards, Tony FIasco, Larry Merkl, Ron Selstad, and Bill Shanley Also present City Clerk, Wanda Sang, City Administrator, Mike Smith, City Attorney, John Hayes, City Treasurer, Jim Malone, Director of Planning, Glen Gidley, Chief of Police, Jack Hurst, Director of Parks, Gary Wardle, Director of Public Works, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of August 26, 1S191 Motion by Mr Eafanti ['or the appruval 01 the Minutes of August 26, 1991, seconded by Mr Merkl, carried 8-0 CITIZENS' RIGHTS TO SPEAK Fred Bright, 3720 Parfet Street, #7, compared Littleton's pay for police officers to Wheat Ridge's pay and stated that Littleton paid more and had less crime than Wheat Ridge Ken Bohling, representin~ the Fraternal Order of Police, read a letter from lodge #18 into the record LOCAL LIQUOR LICENSING AUTHORITY MATTERS I tern 1 Motion to set a Notice of Hearing and Order to Show Cause for Happy Liquors, 4141 Kipling Street, Wheat Ridge, Colorado Motion by Mr Davis that a Notice of Hearing and Order to Show Cause be executed by the Mayor and City Clerk and be issued to Happy Liquors, 4141 Kipling Street, Wheat Ridge, for October 14,1991 at 6 30 pm, based upon the allegations contained in the attached Offense Report, seconded by Mr Eafanti, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING I t em Co Council Bill 110 - An Lrdinance amending Sections 2-34, 15-5, and 15-9 of the Code of Laws of the City of wheat Ridge providing that the issuance of notices to abate nuisances is a matter in the discretion of the City's Code Enforcement Gfficers Council Bill 110 was introduced on second reading by Mr FIasco, title read by the Clerk, Ordinance No 873 assigned Motion by Mr FIasco for the adoption of Ordinance 873, seconded by Mr Selstad, carried 8-0 - - CITY COUNCIL MINUTES SeptetlJber 9, 19S1 1 Page -2- Item 3 Council Bill 111 - An Ordinance providing for the approval of rezoning from Residential-Two and Residential-Three to Residential-Three on land located at 3600 Wadsworth BOUlevard, City of Wheat Ridge, County of Jefferson, State of Colorado (Case WZ-~1-5) (Ficco Brothers Construction Company) Item 4 Application by Ficco Brothers Construction Company for the rezoning from R-2 & R-3 to R-3, planned building group approval and approval of a two-lot minor subdivision with variances for property located at 3600 wadsworth boulevard/3615 Teller Street (Case No MS-91-4) Council bill 111 was introduced on second reading by Mr Davis, title read by the Clerk, Ordinance No b74 assigned Case No MS-91-4 was introduced by Mr Davis, title read by the Clerk Mr Gidley gave the staff reports and answered Council's questions Lou ficcO, 11~1~ ~ ]bt~ Avenue, oeveloper, was sworn in by the Mayor, gave brief overview of the development and answered Council's questions H M Townsend, 34c'5 Pierce Street, representing Wheat Ridge United Methodist Church, was sworn in by the Mayor and spoke in favor of thl~ prOjEct Motion by Mr Merkl to hold an Executive Session under Section 5 7(b)(1) Legal Consultation, of the Charter, seconded by Mr Davis, carried 8-0 EXECUTIVE SESSION WAS H~kPI . III Verlee Strahmann, 3659 Teller, was sworn in by the Mayor, she lives next door to where that holding pond is going to be, she does not want a park in that area, kids would loiter in that area, has no problem with the holding pond, but a problem with the park Ruby Gidden, 7273 W 35th Place, was sworn in by the Mayor, is not in favor of a park there Motion by Mr Davis that Case No WZ-91-5, Ordinance 874, a request for approval of a rezoning from R-2 and R-3 to R-3 for IJroperty located at 3600 Wadsworth blvo and 3b15 Teller Street, be approved for the following reasons 1 ~ and 3 Overall, the criteria for evaluation supports approval of this request, seconded by Mr Shanley, carried 8-0 It would be in conformance with the Comprehensive Plan, There will be social benefits from the type of development proposed, Motion by Mr Lavis that Case No MS-91-4, a request for approval of a two-lot mi nor subd i vis ion f or Droner t v 1 OCR t.prj ,,<r <h(lfI ],., "Ii ",.,,- ",t- h j:<l url CITY COuNCIL MINuTE~ September 9, 1991 Page -3- Motion by Mr Davis that the setback variance of five feet to the required 30 feet along Wadsworth Blvd be approved, seconded by Mr Merkl, carried 6-2 with Mrs Brougham and Mr Selstad voting No Motion by hr Davis that the request to waive park land dedication or fees in lieu be denied as the criteria to justify such a waiver do not support the request I further move that fees in lieu of land dedication in the amount of $13,650 ($75 x 182 units) be required so that such fees may be used to offset costs associated with anticipated additional demand for parks and recreation facilities and services created Ly this proposed development I further move that the $13,650 00 be earmarked for the Parks Commission to use or obtain a park within half a mile or a mile, a small park, and that those funds be used to acquire that particular park, seconded by Mr Merkl, carried 8-0 hotion by Mr Davis that the proposed planned buildin~ group plan with a variance for property located at 3600 wadsworth Blvd be approved for the follo~ing reasons 1 The plan is consistent with the Zoning Ordinance and Comprehensive Plan, ~ The developer has incorporated comments from outside agencies and from the neighborhood into the design, and 3 The criteria for evaluation supports approval of this request, seconded by Mr ~erkl Motion to amend by Mrs brou6harn to add the condition in the staff report that a pedestrian walkway to Teller Street be added to the plan when Teller Street is reconstructed and has a sidewalk and that this be put in a development agreement, seconded by Mr Selstad Mr Edwards will vote against this because they made a good point about why they don't want a sidewalk there and he doesn't think a sidewalk should be put in there Motion failed 3-5 with Councilmembers Brougham, Selstad, and FIasco voting yes Original Motion carried 8-0 Item 5 Council Bill 112 - An Ordinance vacating a portion of Vance Street between West 28th and west 29th Avenues (Case No WV-91-4) within the City of Wheat Ridge, County of Jefferson, State of Colorado (Case WV-91-4) (John and Hose McNees) Council Bill 112 was introduced on second reading by Mr Merkl, title read by the Clerk, Ordinance No 875 assigned Mr Gidley presented the case Martin Green, 7Eb9 West 32nd Avenue, was sworn in by the Mayor He stated that he spoke for the applicants and also himself, because he is planning to buy that property and build a house on it He asked for approval of the vacation CITY CUUNLIL MINUT~S September 9, lY91 Page -4- Motion by Mr Merkl that Council Bill 11~, Ordinance b7~, a request to vacate the unused portion of Vance Street between west 28th and west 29th Avenues, be approved for the following rea5on5 1 All outside agencies have no problem with the vacation 2 Public works has stated that they have no intention of improving the right-of-way as a public street 3 This portion of Vance Street has not been used as public right-of-way since 1978 4 A hardShiIJ to adjacent property owners is created by requiring a thirty foot setback where no street exists, seconded by Mr Davis, carried 8-0 Item 6 Council Sill 113 - An Ordinance vacating a portion of west 33rd Avenue North of 328~ balsam Street (Case No WV-91-3) within the City of Wheat Ridge, County of Jefferson, State of Colorado (Case WV-YI-3) (Vi and Paul Sullivan) Council bill 113 was introduced on second reading by Mrs Brougham, title read by the Clerk, Ordinance No 876 assigned Mr Gidley presented the case Motion by Mrs Brougham that Council Bill 113, Ordinance 876, a request to vacate an unused portion of West 33rd Avenue, be approved for the following reasons All outside agencies have no problem with the vacation 2 Public works has stated that they have no intention to improve the right-of-way as a public street, seconded by Mr Selstad, carried b-O ORDINANCES ON FIRST READING Item 7 Council Sill 117 - An ordinance adding Section 13-7 to the Code of Laws of the City of Wheat Ridge by making it unlawful to drive through private property or driveways Council Bill 117 was introduced by Mr Davis on first reading, title read by Clerk Motion by Mr Davis that Council Bill 117 be approved on first reading, ordered published, public hearing be set for Monday, October 14, 1991 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 Eafanti, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item b Resolution 126~ declaring the primacy of the Home Rule Lharter of the City of Wheat Ridge regarding the conduct of open meetings within the City of Wheat Ridge Resolution 1265 was introduced by Mr Merkl, title read by the Clerk Motion by Mr Merkl for the adoption of Resolution 1265 and order it published, seconded by Mr Selstad, carried 8-0 CITY COUNCIL MINUTES September 9, 1991 Page -5- Item 9 Motion to approve property acquisition at 6270 ~ 3bth Avenue, Project S-38 01-91, Christopher Nursing Center, Inc Motion by Mr Merkl that the City of Wheat Ridge accept the Quit Claim Deed for this segment as presented I further move that the sum of $10 00 be paid for the parcel and that this amount be taken from Capital Projects Fund Acct No 30-303-846, seconded by Mr Shanley, carried 8-0 CITY ADMINISTRATOR'S MATTERS Mike Smith gave update on 44th & Newland clean-up and stated that the 1990 report had been included in the Parks brochure CITY ATTORNEY'S MATTERS John Hayes referred to his memo in the packet re Lakemont Center, he called Council's attention to the refinancing for LaQunita Revenue bonds and to a draft of an Ordinance amending the Wheat Ridge Election Code He updated Council on two lawsuits received this week and the latest on Lutheran Medical Center Motion by Mr Merkl to hold an Executive Session under Section 5 7(b)(1)(B) of the Charter and to adjourn immediately following the Executive Session, seconded by Mr Eafanti, carried 8-0 ELECTED OFFICIALS' MATTERS Ron Selstad moved that a change to R-l and R-2 zoning regulations be drafted which would address attached vs detached garages, as building gets higher, set-back be increased, compatibility with neighborhood, that new building not be higher than existing building, seconded by Mr Merkl, carried 8-0 Kent Davis has had several calls regarding the wall and flowering plants at Valente's, they are sticking out too far He wants the Parks Commission review the Parks Plan and try and locate some small available parks area near the Ficco property that was discussed earlier Tony FIasco asked what was being done about the Valente property, he has had several calls and wants to give them an answer Mr Gidley stated that the plant materials had already been removed from the top planters, the size of the wall meets specifications and does not exceed 42 inches, some other traffic engineering design conditions are being considered, which Mr Goebel might address at another time Mr Merkl asked that this matter be taken care of ASAP, there is an elementary school down the street and there is a lot of traffic You cannot see around that corner CITY COUNCIL MINUT~~ SeptenJber 9, 1991 Page -b- Tony FIasco asked when 30th Avenue will be in shape, he has complaints from businesses and would like to give them an answer He submitted a 12-page report from DR COG and left it available for Council Larry Merkl moved that the City and Stevens Elementary School try to work a co-operative agreement to improve the playground at Stevens, perhaps something similar as Martensen Elementary, seconded by Mr FIasco, carried 8-0 Bill Shanley reported about a complaint regarding an alarm at a private business that had gone off and sounded for hours, the police could not turn it off because it was on private property City Attorney, John Hayes, stated that this was addressed in our Burglar Alarm Ordinance wanda Sang asked that Council set a date for the liquor hearing for Paramount Lanes Mr Merkl amended his earlier motion to adjourn right after the Executive Session to make a motion after the Executive Session to set a hearing date, seconded by Mr Davis, carried 8-0 EXECUTIVE SESSION WAS HELD. Motion by Mr Shanley to set the Paramount for two weeks from tonight, seconded by Mr Mr Merkl voting No Lanes Liquor License Transfer Eafanti, carried 7-1 with Meeting adjourned at 10 30 p ru ,\ I ~ __/l" t ,t{(,-" wanda Sang, City ~-fl.,.C Clerrj COUNCIL ON SHTH~Bl:.R 23, 1991 BY A van OF 6 TO O. APPROVEG BY CITY / / i :{ n,. ~u -Ljy_e_,""O ~ Kent Davis, Council President