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,