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