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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 ~/ ~ l ( 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Carol F Hampf 'Zi ty -Clerk /' CFH chj