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HomeMy WebLinkAbout11/22/1982 CITY CJU~CIL MI~UTES CITY OF WHEAT RIDGE, COLORADO November 22, 1932 The City Council Meeting was called to order by the Mayor at 7 ~o p m Councilmembers present Will Burt, Kent Davis, Clyde E Hobbs, Ken Lewis, Larry Merkl, and Nancy Snow Pat Aiello and Kay Ore were out of town Also present City Clerk, Carol Hampf; City Adlninistrator, Tom Palmer; City Attorney, John Hayes, and assisting City Attorney, Tanya Kins; Richard Bredt, staff, and interested citizens Motion by Mr seconded by Mr No Thlrt for the approval of the Minutes of November 3, 1982; Merkl; carried 4-2 with Mr Hobbs and Mr Lewis voting CITIZENS' RIGHT TO SPEAK Lawrence Kotecki, 10545 W 36th Place, stated that the one drainage problem on the east side of Moore Court had been corrected, but now two other structures have been built Mr Palmer will look into it Dougal Graham, 3330 Chase ~treet, read a Resolution from the Area-4 Planning Committee, requesting Council to express an interest in negotiating for the property in the vicinity of Ye Olde Firehouse Mayor Stites said the drainage study, which is needed, is in progress, but is not quite completed Joseph M Donaldson, 7350 W 35th Ave , requested that the barricades near the sidewalk-repair at J5th & Upham be lighted PiJBLIG HEARINGS AND ORDINANCES ON SEC'Y'TD READING Item 1 Council Bill 40 - An nrdinance repealing Dection 24 of Appendix 4 and rpena~ting said Se~tion 24, Ex~avation and Deposit Control, of the Code of Laws of the City of Wheat Ridge, Colorado (Continued from 11/3/32) Council Bill 40 was introduced on second reading by Mr Davis, title read by the Clerk Amended Motion that Council Bill 40 (Ordinance 515) be approved with the amendment that in subpart B 1 the last sentence be a:uended to read "Should any of the above standards be exceeded or a drainageway be affected, a permit as required in subpart B 2 bel~w shall be required" Or iginal Motion by Mr Davis, seconded by Mr Merkl; amending motion by Mr Burt; seconded by Mrs Snow Amendment carried 6-0 Motion as amended carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No (Mrs Ore and Mr Aiello left absentee votes on a number of the items) Ms Kins ruled that the amendment was not substantive and therefore the absentee votes could be counted Failed Motion to amend by Mrs Snow, that under Section 2,3, and 4, "projects shall be posted for a period of 10 days, so that neighbors may file a protest with the City" be added Motion died for lack of a second CITY COUNCIL MINUTES ~ovember 22, 1982 Page - 2- Item 2 An Application by Mary E Smith for aproval of a three-lot minor subdivision on property located at 4350 Dover Street (Case No MS-82-4) Mr Gidley gave the staff comments Robert Sonheim, attorney, 7910 Ralston Road, represented the applicant, and called to testify Mary Smith, 4350 Dover, Frances Morrison, 4320 Dover, John Taft, 8510 W 44th Ave There were others present with the applicant who did not speak Mr Sonheim entered Exhibits 1 through 7 into the record, 1 through 6 were transparency overlays and the 7th petitions favoring the subdivision Ed Anderson, attorney, was present representing Gerald Riedel of 4339 Dover, in opposition Others present and speaking in opposition were David Hicks, 4380 Dover, Evelyn Loos, 4395 Dover, ~ George Orsborn, 4361 Dover, Morgan Wilson, 4130 Dover, Michael Gale, 4351 Dover, Ann Gale, 4351 Dover, Wilda McLinden, 4~10 Dover, Archie Shaw, 10275 W 35th Ave, Jim KeyeS;-4215 Dover, Allida Hicks, 4380 Dover, Bryan Vogel, 4100 Dover, Richard Bolger, 4~~3 Dover, -and Shirley Stamper, 4385 Carr Opponents' Exhibit A was entered into the record These were petitions in opposition to the subdivision Motion by Mrs Snow that Case No MS-82-4, Mary E Smith, request for a 3-10t minor subdivison, be approved with certain amendments as follows 1) the subdivision be of 2 lots only; 2) that there be a restriction placed on the deed "for single family use only"; 3) that the north access easement be moved 20 feet south and the south access easement be moved 10 feet north with planting strips adjacent to neighborin~ properties, 4) that the access roads be gravelled so as not to add to the drainage problem; for the following reasons 1) Subdivision meets all sl~division regulations; 2) the staff recommends approval; 3) dividing this large parcel into 2 parcels will create lots of a size compatible with and comparable to other lots in the neighborhood and provides a fair compromise between the desires of the applicant and the equally important desires of other nearby residents not to change the density ~haracteristics of the neighborhood, 4) it is not intended that the c,ubdivi.o;ion will prnvidp '1 prpf'Pr1pnt f'nr f'l1.+1lTe sllblivl'1io:1s of th2 10+; to the south, since those lots are much smaller than the one under consideration, 5) the private roads are being allowed because there are exceptional conditions and conditions peculiar to this site which do not make possible a public road and because such private roads will not provide any detriment to the neighboring properties; seconded by Mr Da vis Applicant's attorney, Mr Sonheim, was asked if the applicant would accept the 2-10t subdivision and he said she would not Motion failed 2-4 with Councilmembers Lewis, Burt, Merkl, and Hobbs voting No Failed Motion by Mr Merkl that Case No MS-82-4, a request for a 3-10t minor subdivision at 4350 Dover, be approved for the following reasons All zoning and subdivision requirements have been met and planning staff recommends approval Motion failed for lack of a second Mr Hayes stated that final actions had been taken and the Mayor declared the Case denied CITY COUNCIL MINUTES November 22, 1982 P3.ge - 3- COMMISSIO~S' AND COMMITTEES' MATTERS Item 3 Mr D3.vis reviewed the Community Development Improvement Committee Minutes Failed Motion by Mrs Snow to postpone this item for a couple of weeks, that applications be taken and a committee meeting be held in City Hall; seconded by Mr Lewis, Failed 3-3 with Mr Davis, Mr Burt, and Mr Merkl voting ~o Motion by Mr Davis that Maybelle Rossilon be appointed to the Arborist Board; term expire 3/2/83, seconded by Mr Burt; carried 4-2 with Mr Merkl and Mr Hobbs voting No Motion by Mr Davis that Boyd Adsit be nominated to the Board of Adjustment as an alternate to replace Mike Boorman, term to co~mence December 1, 1982 and expire March 2, 1984; and that Karen Watson be made a regular member of that board, seconded by Mr Burt, failed motion by Mr Lewis that this item be tabled until we get a letter of resignation from Mr Boorman and hold it until January when it can be published with the rest of the vacancies Mr Burt stated that he knew Mr Boor~an wished to resign even though the letter has not been received ty the City Clerk, and there would be no conflict Motion failed 3-3 with Mr Davis, Mr Burt, and Mr Merkl voting No Original Motion to appoint carried ~-1 with Mr Hobbs voting No Motion by Mr Davis to appoint James Grant, an architect, to the Building Code Advisory Board; term to expire 3/2/84, seconded by Mr Burt, carried 6-0 Motion by Mr Davis that Louis LongQ be reappointed to the Planning Commission, term to expire 3/2/86, seconded by Mr Burt, carried 6-0 UiFINISHED BUSINESS Item 4 Motion by Mr Merkl that the naming of the Richards Mansion be tabled until formal recommendation has been received from the Parks ~ Recreation Commission sennnied hy Mr Davis narried ~-2 g_th ~r Lgwis and Mrs Snow voting No NEVI BU3IiiE33 Item~ Agreement with Urban Drainage & Flood Control District regarding construction of i~provements to Lena Gulch in Wheat Ridge, Schedule III Motion by Mr Burt that the Agreement regarding construction of improvements to Lena Gulch in Wheat Ridge, Schedule III (No 82-7 2) be approved and authorized the Mayor to sign the agreement; seconded by Mr Davis; Mrs Snow requested abstention since she owns property in that area Those present agreed Motion carried 7 in favor and Mrs Snow abstaining CITY COUNCIL MINUTES November 22, 1982 Page -4- Item 6. Motion by Mr Merkl to approve the Transfer of Ownership from LAG Eighty-One Corp, dba My Way Restaurant & Lounge, to Reflections Night Club & Restaurant, Inc , dba Reflections Night Club, located at 4715 Kipling Street in Wheat Ridge I further move to accept the corporate officers as follows President David Paul Meisner, Vice President Theron Gene Edwards; Treasurer Deborah Ann Edwards; Secretary Suzanne Meisner, --for a Class T, Tavern Liquor License with extended hours, seconded by Mr Hobbs; carried 6-0 Item 7. Resolution 818 - recommending the issuance of Industrial Development Revenue Bonds by Jefferson County, Colorado Lutheran Hospital) (For Neil Bertrand of Lutheran Hospital, and Cynthia Dawald of the bonding company, were present to explain the reasons for the request Motion by Mr Burt for the adoption of Resolution No 818; seconded by Mrs Snow; carried 8-0 Item 8. Resolution 819 - urging the Colorado Elected Representatives and Senators to the US Congress to support legislation amending the Sherman and Clayton Anti-Trust liability to municipalities Motion by Mr Merkl to adopt Resolution 819, and have it mailed to the elected representatives in Washington, seconded by Mr Burt, carried 7-1 with Mr Hobbs voting No Item 9. Motion by Mr Hobbs that the additional City share of $25,000 be funded from Account ,1-30,-813 for the 0omp1p.tion of the construction of Lena Gulch Schedule II and the Mayor sign the amendment to the UDFCD agreement for Lena Gulch Schedule II; seconded by Mr Burt, carried 6-1, with Mr Lewis voting No, stating that approximately $150,000 over and above the contingency had been expended on this project and that this is excessive Motion by Mr Merkl to extend the meeting by 20 minutes; seconded by Mr Burt; carried 5-1, with Mr Davis voting No COUNCIL BILLS ON FIRST READING Item 10. A Council Bill 42 - An Ordinance providing for the approval of a Special Use Permit in a Commercial-One (C-l) Zone on land located at 9100 West 45th Place, Wheat Ridge, Colorado (Case No SUP-82-8) (John Tighe) (Appeal from Planning Commission Denial) CITY COUNCIL MINUTES Novewber 22, 1982 P8.ge -5- Council Bill was introduced on first reading by Mr Hobbs, title read by the Clerk Motion by Mr Hobbs that Council Bill 42 be approved on first reading; ordered published, public hearing be set for Monday, December 13, 1982 at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reaiing take effect 15 days after final publication, seconded by Mr Merkl; carried 7-0 Item 10 B Council Bill 43 - An Ordinance amending Sections 10-5, 10-6, and 10-12 of the Code of Laws for the City of Wheat Ridge, relating to Improvement Districts Council Bill was introduced on first reading by Mr Burt, title read by the Clerk Motion by Mr Burt that Council Bill 43 be approved on first reading; ordered published; public hearing be set for Monday, December 13, 1982 at 7 30 pm in City Council Chambers, Municipal Building, and if approved on second reading, take effect 1 day after final publication; seconded by Mr Lewis; carried 7-0 Item 11 Award of Bids A Engineering Design, Specifications, and Construction Inspection for a pU'llping station at Wheat Ridge Park, to Rocky Mountain Consultants, Inc B Exterior renovation of Richards Mansion, and Resolution 820 - authorizing the Mayor to sign the Intergovernmental Agreement entitled request for payment find certifi~ation of use of funds for the exterior repair of the Richards Mansion C Storm drainage improvements, 1982, 46th ~ Carr, and 44th % Everett A Motion by Mr Merkl we award the bid regarding the Engineering Design, Specifications, and Construction Inspection for a pumping station at Wheat Ridge Park, to Rocky Mountfiin Consultants Inc , at a total cost of $7,500 to be charged to Account No 31-60)-800-862, seconded by Mr Hobbs, carried 8-0 B Motion by Mr Merkl that we award the bid regarding the restoration of the exterior of the Richards Mansion to Danish Craftsmen Inc , at a total cost of $62,g80, to be charged to Account No 31-603-800-862, and approve Resolution 820 authorizing the Mayor to sign a request for payment from the Open Space Fund; seconded by Mr Hobbs; carried 7-1 with Mr Lewis voting No C Motion by Mr Burt that bids be accepted and the contract for the drainage improvements project PW 5-82 be awarded to Binder Construction Company in the amount of their bid of $221,550 50 plus a 15 percent contingency for a total of $254,783 to be charged to Account 31-302-833 and direct the Director of Public Works to sign all change orders up the amount approved, seconded by Mr Lewis, carried 5-3 with Mr Davis, Mr Aiello, and Mr Merkl voting No Mr Davis and Mr Aiello indicated that this is not on the priority list CITY COUNCIL MINUTES November 22, 1982 P'3.ge -6- CITY ATTORNEY'S MATTERS City Attorney stated that stipulations as to immediate possession had been received from the Kelly & Campbell condemnations ELECTED OFFICIALS MATTERS Mr Davis enquired as to the status since Pennington Elementary School did not sign the School Guard Crossing Program; it was indicated that they are no longer a part of the program Failed Motion by Mr Lewis to continue the meeting in order to afford time to finish the discussion under elected officials matters; seconded by Mr Hobbs; failed 3-3 with Mr Davis, Mr Burt, and Mr Merkl voting No Meeting adjourned at 11 20 p m ~~/3//~ Carol F Hampf, City erk CFH, chj,