HomeMy WebLinkAbout08/09/1982
CITY COUNCIL MINUTES
CITY OF wHEAT RIDGE, COLORADO
August 9, 1982
The City Council Meeting was called to order by the Mayor at 7 30 p m
Councilmembers present Pat Aiello, Will Burt, Kent Davis, Clyde E
Hobbs, Ken Lewis, Larry Merkl, Kay Ore, and Nancy Snow Also present
City Clerk, Carol Hampf, City Treasurer, James Malone, City
Administrator, Tom Palmer, City Attorney, John Hayes, Department Heads
Chief Jaquay, Charles Stromberg, and Rodger Young, staff, and interested
citizens
Motion by Mr Davis for approval of the Minutes of July 26, 1982,
seconded by Mr Aiello, carried 7-1, with Mr Lewis voting No
CITIZENS RIGHT TO SPEAK
Tom Dodd Jr , 9960 W 34th Place, presented 2 framed color photographs
in memory of Jerry Wilson, who had served on the Park's Commission
These photos were foxes and had been taken in Crown Hill Park
Ruby Regensburger, and C E Regensburger, 3920 Brentwood, Beverly
Gaiser, 3990 Brentwood, Pat Zieschang, 3860 Brentwood, Edna Ares, 3870
Brentwood, Evelyn Simpson and Fletcher Simpson, 3939 Brentwood, all
spoke re the tar, oil, and gravel spattered on the curb, gutter, and
sidewalk in their area, when the street repair chip and seal program was
done Others were present who did not speak
Virginia Garrett, 4335 Otis, and Helen Howard, 4140 Otis, spoke on the
sidewalk replacement program on Otis Street, wondering when it was going
to be completed and regarding the 50/50 program and why the City was
paying for some of the sidewalk in total Others were present who chose
not to speak
Don Anton, 3470 Nelson, spoke regarding the drainage off of 35th Avenue
onto his property
Don Lancaster, 4076 Everett Street, asked why the Minutes had not been
amended as he had requested (Mr Lewis' motion of 7/26/82 was to amend
the Minutes if it was on the tape and since the tape did not show a
statement by the City Attorney as to an election or the petitions, I did
not amend the Minutes A copy of the transcript of that portion of the
meeting is filed with those Minutes, in substantiation of my action)
Louise Turner, 11256 W 38th Ave, spoke in protest to the manner in
which the Charter Amendment petitions were turned down
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
Council Bill 28 - An Ordinance providing for approval of
rezoning from Residential-Two to Restricted Commercial-One,
3280 Wadsworth (Case No WZ-82-7)
(Hartman/Wilson/Downing/Walters)
Council Bill was introduced on second reading by Mr Merkl, title read
by the Clerk Mr Stromberg gave the staff report Gerald Boatright,
4315 Wadsworth Blvd, attorney, was sworn in and spoke for the
applicant Those present in opposition and sworn in were Marilyn
Clark, 7500 W 33rd Avenue, Carla and Bill Fletcher, 7580 W 33rd
Avenue They were concerned about the long-term effect of the proposed
zoning, that it would open the door to other future changes and what
would happen to the property if the present owners sold Motion by Mr
Merkl that Council Bill 28, Ordinance 502, a request for approval of a
change of zone from R-2 to RC-1 at 3280 Wadsworth Blvd , be approved for
the following reasons The proposed zone district would be compatible
with adjacent zoning and land use, the Comprehensive Plan indicates
neighborhood commercial thus there is consistency with the Comprehensive
Plan, Planning Commission recommends approval Conditions Access to
the subject site be restricted to right-in and right-out only, and the
accel/decel lane be completed on Wadsworth Blvd as requested by the
State Highway Department, seconded by Mr Aiello, carried 8-0
CIT~ COUNCIL MINUTES
August 9, 1982
Page -2-
Item 2
Council Bill 29 - An Ordinance providing for approval of
rezoning from Restricted-Commercial to Commercial-Two, with
conditions, 4477 Harlan (Case No WZ-82-8) (Heller)
(Appeal from Planning Commission Denial)
Council Bill was introduced on second reading by Mr Merkl, title read
by the Clerk Staff report was given by Mr Stromberg Maurice Fox,
4465 Kipling, attorney, was present and sworn in, representing the
applicant Gerald Heller, 6711 W Portland Ave, Littleton, applicant,
was also sworn in and responded to questions by Mr Fox as to the nature
of his business There was no one present in opposition Motion by Mr
Hobbs that Council Bill 29, Ordinance 503, a request for approval of a
change of zone from R-C to C-2 at 4477 Harlan Street, be approved with
the following conditions and reasons 1 All C-1 uses are permitted and
only light manufacturing uses from the C-2 zone district are allowed on
this site, and that the Ordinance be amended as recommended by the City
Attorney (those recommendations being that in Section 2 the present B
and C be stricken and in their place the wording from the zoning
ordinance be added i e "B Manufacturing and/or light industrial
operation where operation of anyone machine does not exceed five (5)
horsepower excluding any industrial operation listed in any other
section in this ordinance C Shop for custom work or for making
articles, materials, or commodities to be sold at retail on the
premises") Seconded by Mr Aiello, carried 7-1, with Mrs Snow voting
No, stating that with the amendment to the Ordinance any kind of light
manufacturing would be allowed
Motion by Mr Merkl to take
the Agenda, seconded by Mr
No
a 10 Minute break and come back and finish
Aiello, carried 7-1 with Mr Davis voting
OLD BUSINESS
Item 3
Public Hearing on application by Randy Currier for a four-lot
Minor Subdivision on property at 4084 Wadsworth (Case No
MS-82-1) (Postponed from July 26, 1982)
Staff report was given by Mr Stromberg Roger Barsh was present and
sworn in Motion by Mrs Ore that Case MS-82-1, a request for approval
of the Currier Minor Subdivision be approved for the following reasons
and with the following conditions
Reasons for approval
1 All requirements of the Subdivision Regulations and Zoning Ordinance
are met, 2 this subdivision facilitates the unification of the
Wadsworth Town Center by providing for the needed cross-circulation, 3
Planning Commission has recommended approval
With conditions
1 That the park land dedication and fees in lieu of dedication be
waived, 2 That a drainage plan for the entire subdivision be required
with a Final Development Plan for this site, 3 that a Development
Agreement for curb, gutter, sidewalk, accel/decel lanes etc on
Wadsworth Blvd be prepared, executed and recorded to apply only to Lot
1 to recognize the prior commitment by the owner of Lot 1 to accomplish
these improvements, and 4 that a stipulation note be added to the plat
prior to recording which reads as follows "The owner agrees that the
City shall have the right to construct the connector drive through this
site on the dedicated ingress/egress easement, located along the west
edge of Lots 2 and 3, if it is deemed necessary prior to private
development on the site The City has the right to construct this
either with its own funds or in combination with other public or private
entities or individuals The owner reserves the right to review and
approve construction plans for said connector drive prior to
commencement of construction in order to correlate with the owner's
development plans for Lots 2 and 3" And also to correct the acreage
shown on the plan (3 25~3 or 3 2616 whichever is correct) and also to
correct the misspellings, seconded by Mr Merkl, carried 8-0
CITY COUNCIL MINUTES
August 9, 1982
Page -3-
Item 4
Decision on legal action as to 1) Randy Stone and 2) Colorado
Roses case (postponed from July 26, 1982)
Motion by Mr Burt that in the Randy Stone case the City Attorney be
instructed to seek an injunction to force Mr Stone to remove his garage
or the City will do it if he does not and in the Colorado Roses case the
City Attorney be directed to file papers in District Court seeking that
the property owners will be forced to do at least items 1 through 3 on
the request for bid and that barring this, the City will do those things
(those things were to clean off loose and dangerous materials and level
off the ground to the low foundation level, cut metal poles from the
tops of foundations, and haul an estimated 252 loads to the dump, total
bid cost was $61,080, seconded by Mr Merkl Motion was split into two
parts Randy Stone case carried 6 in favor, Mr Lewis voting No and
Mrs Snow abstaining Mr Lewis stated that he voted No, because he did
not have sufficient information including no address to the property
Mrs Snow abstained because she has dealings with Mr Stone
The Colorado Roses property case carried 5 in favor, Mr Hobbs and Mr
Lewis voting No, and Mr Davis abstaining Mr Hobbs stated he was
voting No because he felt it needed to have dirt brought in not just
grading, that grading into the building area would cause a future
problem for the owners Mr Lewis stated he was voting No because Items
4 and 5 had been deleted and would cause a problem and that people
deserved to have the area seeded to take care of erosion in the area
Mr Davis abstained because he is one of the property owners
Item 5
Resolution No 800 - Supplementing Resolutions No 731 and
747, Series of 1981, by extending period of effect of said
Resolutions to and including December 31, 1982, within which
Ridge Village Partnership may apply for Industrial Development
Revenue Bonds through the City of Wheat Ridge
Motion by Mr Merkl for the adoption of Resolution 800, seconded by Mr
Burt, carried 7-1, with Mr Lewis voting No
NEW BUSINESS
Item 6
Resolutions authorizing the City to initiate condemnation
proceedings in order to acquire portions of three properties
(for Lena Gulch)
A Resolution 801 - 10500 W
B Resolution 802 - 10600 W
C Resolution 803 - 10700 W
38th
38th
38th
Ave
Ave
Ave
Louise Turner, 11256 W 38th Ave, said she was one of 9 property owners
and felt that their attorney had been given insufficient time to do
negotiations on the property prior to the Executive Session which was
held at the meeting of July 26, 1982 Motion by Mr Aiello that we
initiate condemnation proceedings on the properties in question and pass
Resolutions 801,802, and 803, seconded by Mrs Ore, carried 6 in favor,
Mr Hobbs voting No, and Mrs Snow abstaining Mr Hobbs stated that he
was voting No because we could have gone back to the property owners to
offer them 50% of the value (rather than the 25% as given on the
appraisal) Mrs Snow abstained since she is one of the property
owners
Item 7
Award of bid to Electro Media of Colorado to upgrade sound
system in City Council Chambers, and approve Resolution 804
funding the project
Motion by Mrs Ore to purchase the Philips Conference System from
Electro Media of Colorado, at a total cost of $5,640 to be charged to
account No 118-774, and approve Resolution 804 to transfer funds to
fund system, seconded by Mr Davis, carried 8-0
CITY COUNCIL MINUTES
August 9, 1982
Page -4-
Item 8
Agreement with Centennial Engineering, Inc re Schedule II
modifications
Motion by Mr Aiello that we authorize the Mayor to sign the engineering
agreement with Centennial Engineering Inc to authorize them to make
modification to the plan, specifications and contract documents for
Schedule II of the Harlan Street Drainage project and charge the
engineering fee to account 31-302-833 Fee not to exceed $6,500
Seconded by Mrs Ore, carried 8-0
Item 9
Motion by Mrs Ore to hold Budget Study Sessions on September 7 and 9,
1982 from 6 00 - 10 00 P m at the Senior Center, and to cancel
September 6, 1982 Study Session due to Labor Day Holiday, seconded by
Mr Hobbs, carried 8-0
Item 10
Motion by Mr Burt that we approve the attendance by two persons at the
Denver Metro Area Marketing Committee Meeting, September 13-17, 1982 in
Silicon Valley, California, those two persons to be Mr Stromberg and
Mr Palmer, seconded by Mrs Ore, carried 8-0
Item 11
Consent Agenda
A Council Bill 22 on first reading - amending Chapter 18,
Police, by adding Article V, Police Alarm Systems
B Amendments to Sections 6 1 and 11 5 of the Sales/Use
Tax Rules & Regulations
C Architectural Contract with Long Hoeft Architects, for
exterior repairs to Richards Mansion
D Resolution 805 - Authorizing the City to enter into an
agreement with the County of Jefferson for performance
of certain duties for the Election of August 17, 1982
E Special Events Permit for a 3 2% malt beverage license
for the Wheat Ridge Chamber of Commerce (Wheat Ridge
Festival) August 19-21, 1982
F Special Events Permit for a malt, vinous and spirituous
liquor license for U F C W , Local No 7, at 7760 W
38th Avenue, August 27, 1982
Mr Davis requested that B be removed
approval of Items A , C , D , E , and F
Ore, carried 8-0
Item 11 B - Joseph Bean, 7075 W 32nd Avenue, and Alvina Farr, 3195
Pierce, spoke in favor of the amendments and in particular permits for
garage sales A number of other people had signed to speak but had left
because of the lateness of the hour Motion by Mr Aiello to amend the
Sales/Use Tax Rules and Regulations approved on December 11, 1978, as
stated in the packet, seconded by Mr Merkl, carried 6-2, with Mr Davis
and Mrs Snow voting No
(Those Rules changes are as follows
ADDI nON
6 1
Motion by Mr Merkl for the
as printed, seconded by Mrs
Transient Merchants & Temporary Business Licenses and
Deposits
Transient merchants and temporary businesses shall file with
the City Treasurer, application in writing on a form furnished
by the Treasurer Applicants for street corner soliciting
must provide the Treasurer with written property owner
permission Such permission must be on forms prescribed by
the Treasurer
CITY COUNCIL MINUTES
August 9, 1982
Page -5-
At the time of filing the application, the applicant shall pay
to the Treasurer a TAX DEPOSIT in the amount of $50 00 for
each one-month period (not to exceed three months) An
applicant may re-apply for a license after the Tax Auditor has
reviewed all sales records and the correct amount of sales tax
due has been establishd and paid Refunds may be applied for
within ten (10) days from the final date of sale on forms
prescribed by the Treasurer Any additional tax due must be
paid within ten (10) days from the final date of sales
CHANGE
11 5
Garage/Yard Sales
All sales of tangible personal property sold from a residence
within the City are exempt providing such sales do not exceed
four (4) three-day periods in any calendar year and that the
items sold were purchased originally for the use by members of
the household Prior to each garage sale the resident must
obtain a permit from the Treasurer's Office, at no charge,
where it will be validated with the dates of sale
Multi-family garage sales are allowed under a single permit
Any resident exceeding the four (4) three-day periods. must
obtain a Retail Sales/Use Tax license and must collect and
remit sales tax according to Chapter 21 of the City Code
Failure to comply with this regulation is a direct violation
of the Wheat Ridge Code of Laws and is punishable through
Municipal Court )
CITY ADMINISTRATOR'S MATTERS
Mr Palmer brought up the need for a caisson wall on Lena Gulch Schedule
II, that he had not been aware of when the Agenda was printed (This had
been cleared as an emergency item by the Council President) Motion by
Mrs Ore that the City authorize the construction of the caisson wall by
Siegrist Companies in the amount of their quote of $76,200 with the
City's 50% share, $38,100, to be charged to Account 31-302-833 and
authorize the Mayor to sign the Addenda to the Agreement with UDFCD,
further move that the City authorize Siegrist to resurface Lee and
Miller streets, the resurfacing costs to be charged to Account
31-303-840 and not to exceed $35,000, seconded by Mr Merkl, carried 7-1
with Mr Hobbs voting No
ELECTED OFFICIALS' MATTERS
Mr Davis suggested that Council either condemn the necessary property
on Teller Street or that we forget about the project Motion by Mr
Davis to put this item on next meeting's agenda, seconded by Mr Merkl,
carried 8-0
Meeting adjourned at 12 30 a m
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Carol F Hampf 'Zi ty -Clerk
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