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HomeMy WebLinkAbout06/27/1983 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO June 27, 1983 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, and Nancy Snow Kay Ore was absent Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes; Department Heads Charles Stromberg, Richard Bredt, staff; and interested citizens Motion by Mr Aiello for the approval of the Minutes of June 13, 1982, with corrections; seconded by Mr Burt; carried 5-2 with Mr Lewis and Mr Hobbs voting No CITIZENS' RIGHT TO SPEAK Bill Coster, 7100 West 35th Ave, spoke regarding his problem with American Cablevision including addresses, wiring and introductory offer ~1r Aiello stated Cablevision Committee is having a meeting June 29, 1983 and he will address these problems with the Committee Viola Palcic, 6145 West 47th Ave , spoke regarding the area surrounding her home; parked cars in yards, 10 - 12 people residing in rentals, weeds, general disarray in neighborhood The Mayor requested Tom Palmer and Kent Davis to look into the problems Amzel Dyer, 6230 West 47th Pl , spoke regarding the same complaints as the previous citizen PUBLIC COMMENT AND ORDINANCES ON SECOND READING Item 1 Application for a Transfer of Ownership for Clancy's Irish Pub, lOl17 West 37th Place, a Class G - Hotel & Restaurant Liquor License with Extended Hours Mr Burt stated that his daughter derives a large part of her income from the applicant It has been used in the past as conflict of interest, however, he feels it is almost un-believable to use this kind of thing as a conflict of interest and he intends to vote; chair accepted Motion by Mr Hobbs to approve the Transfer of Ownership; seconded by Mrs Snow; carried 7-0 CITY COUNe BINUTES JUNE 27, 1983 PAGE -2- Item 2 Council Bill 60 - An Ordinance amending various sections of Appendix A, Zoning Ordinance, of the City of Wheat Ridge, County of Jefferson, State of Colorado (Continued from May 9, 1983) Council Bill 60 (Ordinance #535) was introduced on second reading by Mrs Snow; title read by the Clerk Claudia Worth, 4650 Oak Street, spoke in favor of Council Bill 60 and thanked Councilmembers Snow and Ore for working on this Nelson Neadeau, 8550 West 84th Ave , Lakewood, spoke on Social Service Department and cost of child welfare Motion by Mrs Snow that Council Bill 60, Ordinance 535, be adopted on second reading except in each section the last paragraph be deleted; seconded by Mr Lewis Mr Aiello moved to amend Ordinance to increase the lot area back to 1500 square feet from 1200 square feet for each child or elderly person; seconded by Mr Hobbs Mr Lewis stated he will vote against the amendment because he feels the size of the home is more im- portant than the size of the lot Vote on amendment by Mr Aiello car- ried 4-3 with Councilmembers Lewis, Merkl and Snow voting No Vote on Brs Snow's original motion as amended carried 7-0 Item 3 Council Bill 65 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-i) to Residential-Three (R-3) on land located at approximately 4650 Parfet and 4651 Oak Street, City of Wheat Ridge, County of Jefferson, Colorado (Case WZ-83-9) (Bush Subdivision) (Continued from June 13, 1983 Council Bill 65 was introduced on second reading by Mr Davis title read by the Clerk The Mayor noted that there is a legal protest Mr Hayes stated passage would require 6 votes Mrs Snow asked applicant's attorney, Mr Keller, on behalf of his client, if he wishes to proceed or wait until there is a full Council Mr Keller stated that the cli- ent wishes to proceed Mr Stromberg presented the case noting the protest has enough signatures to make it legal Sworn in by the Bayor and speaking on behalf of Franz Russell, Gisela Russell, Wm D Braun and Chris Braun, was Alex Keller, Attorney, 950 17th Street He pre- sented Russell Exhibit I, 5 photographs taken by Mr Russell on May 22, 1983 of the neighborhood He stated that the case is a case of law and explained the legal term "estoppel" Speaking in opposition were Rex Chilson, 10820 West 47th Ave , Claudia Worth, 4650 Oak Street, Sherry Jacobs, 10605 West 47th Ave , Teresa C Howerton, 4485 Parfet, Barbara Worthington, 4695 Parfet Jane Beliel, 4601 Miller; presented Exhibit A; letter Karen Heine, 4600 Miller, Dee Engelhardt, 4615 Parfet; presented Exhibit B; pictures The Council asked questions of Mr Keller, staff, and Claudia Worth Mr Keller and Mrs Worth gave rebuttal Mr Davis moved that Council Bill 65 be denied for the following reasons 1) does not conform with the Compre- hensive Plan 2) there is not sufficient change in neighborhood to war- rant this request, 3) there is no evidence of any legislative action taken on the property since the passing of Ordinance #98 4) to remain consistent with action taken April 25, 1983; seconded by Mrs Snow CITY COUNCTT MINUTES JUNE 27, 1983 Page -3- Mr Aiello stated that he will vote against the motion because he feels if we pass this motion he is not confident that the City has a very strong position at all and will have no say-so as to how many units can be put in Changing zoning without restriction the people would be stuck with a large development Mr Lewis stated that he will vote No, because it was zoned R-3 by County, City had ample time to take care of it He thinks the City should apologize to all parties concerned for the trouble the City has put them through If map error discrepancy would have been handled like any other map error discrepancy we would not have the trouble we are having tonight and Mr Russell would not have had these expenditures Vote on motion carried 4-3 with Councilmembers Aiello, Lewis, and Merkl voting NO Mrs Snow moved that the property at 4650 Parfet and 465l Oak Street presently zoned A-I be rezoned to R-2 for the following reasons (1) Unfortunate history of map errors with zoning granted in 1960 not entered on map and the map remaining for 15 years as A-I Subsequent period of 8 years shows R-3 (2) There is testimony on both sides that the document of estopple could be asserted The owner relying on two letters from the City to pay R-3 price for his land The surrounding neighbors relying on Comprehensive Plan and other maps; re-assurance from staff and former City Attorney that the map would be corrected to R-3 This reliance was both for the purchase of their homes at substan- tial expense which they would not have made if property was R-3 (3) The Comprehensive Plan for this area showed a low density residential, which is a maximum of duplexes There have been no sufficient changes in the neighborhood since adoption of the Comprehensive Plan which would be justification for zoning to a higher zoning R-2; seconded by Mr Aiello Mr Merkl stated he will vote No because this zoning is not agreeable to Mr Russell, but is agreeable to the neighbors He does not feel Coun- cil should try to work out a compromise Mr Lewis stated he will vote No because he believes without any doubt the County zoned the property R-3 Through a series of errors people lost their zoning of R-3 With the map discrepancy case a few months ago, Council upheld Ordinance #98, but then the City applied that the applicant for rezoning He thinks R-3 should have been given back to the people, it was not If people, Mr Russell and partners, do not want R-2, he does not think Council should demand that they take it If they were acceptable to R-2, he would vote for it Council Bill 65 failed 4-3 with Councilmembers Davis, Lewis, Merkl, voting No (failed because it had to be a majority of Council 6-1) Motion by Mr Hobbs to suspend the rules and complete the Agenda in its entirety; seconded by Mr Lewis; carried 5-2 with Councilmembers Burt and Davis voting No CITY COUNCIL MINUTES JUNE 27, 1983 PAGE -4- Item 4 Council Bill 66 - An Ordinance providing for the approval of rezoning from Residential-Three (R-3) to Restricted Commercial-One (RC-l) for land located at approximately 6280 West 38th Avenue, Wheat Ridge, County of Jefferson, State of Colorado (Case WZ-83-1) (Donald L Sable) (Re-scheduled from June 13, 1983) Council Bill 66 (Ordinance 536) was introduced on second reading by Mr Merkl; title read by the Clerk Mr Stromberg presented the case Mr Albert E Anderson, 3798 Marshall, Suite 4, was sworn in by the Mayor and spoke for the applicant, Mr Donald L Sable Motion by Mr Merkl that Case No WZ-83-1, a request to rezone property located at approxi- mately 6280 W 38th Ave from Residential-Three (R-3) to Restricted Commercial-One (RC-l) be approved for the following reasons and condi- tions 1 There is jurisdiction to hear the case 2 The setbacks con- form to RC-I requirements 3 There is adequate parking space avail- able 4 It is in compliance with the Comprehensive Plan, surrounding land uses, and surrounding zoning 5 It would provide an adequate transitional zone between multi-family and general office uses 6 Staff recommends approval 7 Planning Commission recommends approval With the Following Conditions 1 That the landscape requirements on the east and south side of the property be waived 2 That the struc- ture and premises come under building and zoning compliance prior to issuance of a Certification of Occupancy 3 That public improvements along West 38th Avenue be installed at time of building permit issua- nces; seconded by Mr Hobbs Failed motion by Mr Lewis to amend Public Works section of this development agreement and have the development agreement in effect and in full force until such time as the City de- cides to do something with the streets so they get their proper eleva- tion and go from there; seconded by Mr Davis Mr Burt called for the question; seconded by Mr Aiello; carried 4-3 with Councilmembers Lewis, Snow, and Hobbs voting No Vote on amendment failed 2-5 with Mr Davis and Mr Lewis voting No Mr Aiello called for the original question; seconded by Mr Merkl; carried 4-3 with Councilmembers Lewis, Snow, and Hobbs voting No Vote on original motion carried 7-0 Item 5 Council Bill 88 - An Ordinance to dispose of a Municipally Owned Building by accepting the lowest stated bid, which bid will, if awarded, result in the demolition of a 4-unit apartment building, owned by the City of Wheat Ridge, located at 3700 Owens Street Council Bill 88 was introduced on second reading by Mr Burt; title read by the Clerk Motion by Mr Burt to adopt Council Bill 88 (Ordinance 536) on second reading; seconded by Mr Merkl carried 7-0 CITY COUNCIl Item 6 INUTES June 27, 1983 Pas _ -5- Application by Morgan Building Systems for approval of Site Plan at approximately 4990 Kipling Street (Case No WSP-83-3) Mr Stromberg gave the staff report David Diedrich, 5330 Hoyt Street, Arvada, and Bob Williams, 9710 W 50th Ave, Wheat Ridge, representing the applicant, were sworn in by the Mayor and spoke in favor of the Site Plan Motion by Mr Aiello that the Site Plan for Morgan Building Sys- tems be approved for the following reasons and with the following revi- sions l) All site plan requirements have been met 2) The site plan conforms to the Master Plan of the Kipling Activity Center Revisions 1) Add Flag Pole 2) Change variety of street trees from cottonwoods to a cottonless cottonwood as permitted by the landscape ordinance; sec- onded by Mrs Snow; carried 7-0 Item 7 ORDINANCES ON FIRST READING Council Bill 55 - An Ordinance amending the Code of Laws of the City of Wheat Ridge by adding provisions to Chapter 14 thereof, relating to offenses, by prohibiting and regulating unlawful possession of alcohol by minors, unlawful harboring of minors, unlawful to allow minors on streets after certain hours, unlawful possession of alcohol, urination, and defecation in public, disturbing the peace, theft, theft by check, and by repealing and reenacting section 14-50, offenses against property, damage or destruction--generally, and providing penalties for violation thereof Council Bill 55 was introduced on first reading by Mr Burt; title read by the Clerk Motion by Mr Burt that Council Bill 55 be approved on first reading, ordered published, public hearing be set for Monday, July 25, 1983, at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mrs Snow; carried 7-0 Item 8 Council Bill 56 - An Ordinance repealing and reenacting Sec- tions 1-6, 2 14 5, 2A-5, 3A-13, 4-12, 4-14, 7-7, 9A-15, ll-ll, 12-6(c), 13-8, l4-37, 14-69(b), 18-58, 19A-5, 21A-34, and Section 32 of Appendix A of the Code of Laws of the City of Wheat Ridge relating to penalties for violation of ordinance provisions by raising the maximum fine to nine-hundred-nin- ety-nine dollars ($999), providing for restitution in certain cases, and providing that no one under the age of eighteen (18) years shall be subjected to imprisonment as a penalty for violation of any provision of the Wheat Ridge Code of Laws Council Bill 56 was introduced on first reading by Mr Burt; title read by the Clerk Motion by Mr Burt that Council Bill 56 be approved on first reading, ordered published, public hearing be set for Monday, July 25, 1983 at 7 30 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mrs Snow; carried 6-1 with Mr Lewis voting No CITY COUNcrT ~INUTES June 27, 1983 Par -6- Item 9 Council Bill 91 - An Ordinance amending provisions of Chapter 15, Parks and Recreation, of the Code of Laws of the City of Wheat Ridge, relating to Rules and Regulations Council Bill 9l was introduced on first reading by Mr Merkl; title read by the Clerk Motion by Mr Merkl that Council Bill 91 be approved on first reading, ordered published, public hearing be set for Monday, July 25, 1983 at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mr Hobbs; carried 6-1 with Mrs Snow voting No Item lO Council Bill 92 - An Ordinance providing for the approval of a Special Use Permit in a Commercial-One (C-l) Zone on land located at 4075 Kipling Street, Wheat Ridge, Colorado (Case SUP-83-4) (Cong and Hoa P Chu) Council Bill 91 was introduced on first reading by Mr Davis; title read by the Clerk Motion by Mr Davis that Council Bill 91 be approved on first reading, ordered published, public hearing set for Monday July 25, 1983, 7 30 pm, in City Council Chambers, Municipal Building, and if approved on second reading take effect 15 days after final publication; seconded by Mr Lewis; carried 6-1 with Mr Merkl voting No Item 11 Council Bill 93 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-l) to Commercial-One (C-l) on land located at 9605 West 49th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case WZ-83-11) (Edwin and Barbara Owings) Council Bill 93 was introduced on first reading by Mr Merkl; title read by the Clerk Motion by Mr Merkl that Council Bill 93 be approved on first reading, ordered published, public hearing set for Monday July 25, 1983, 7 30 pm, in City Council Chambers, Municipal Building, and if approved on second reading take effect 15 days after final publication; seconded by Mr Burt; carried 7-0 DECISIONS, RESOLUTIONS, AND MOTIONS ITEM 12 A Motion to award the contract for the installation of two prefabricated steel bridges to Mac's Construction Co , at a total cost of $38,380, to be charged to account No 31-603-800-862 Motion by Mr Merkl to award the contract for the installation of two prefabricated steel bridges to Mac's Construction Co , at a total cost of $38,380, to be charged to account No 31-603-800-862 seconded by Mr Burt; carried 7-0 Item 12 B Resolution 850 - authorizing the Mayor to sign the Intergovernmental Agreement entitled request for payment and certification of use of funds for the abutments and installation of two pedestrian foot bridges Motion by Mr Aiello to approve Resolution 850 be passed and the Mayor be authorized to sign the request for payment for certification of use of funds; seconded by ~1r Merkl; carried 6-1 with Mrs Snow voting No CITY COUNCIl INUTES JUNE 27, 1983 JAGE -7- Item 13 Motion to approve Resolution 851 - which authorizes the Mayor to sign an intergovernmental agreement which will allow the City of Wheat Ridge to participate in the Colorado Housing Finance Authority Mortgage Bond Issue through Jefferson County Motion by Mr Hobbs that Resolution 851 be approved which authorizes the Mayor to sign an intergovernmental agreement which will allow the City of Wheat Ridge to participate in the Colorado Housing Finance Authority Mortgage Bond Issue through the Jefferson County; seconded by Mrs Snow; carried 7-0 Item 14 Consent Agenda Motion by Mr Burt to approve the Consent Agenda in its entirety; seconded by Mr Aiello Mr Davis requested that Item A be pulled and recommendation for Item B, he thinks contingency is too high The Mayor decided vote separately on each Item (see votes listed under each Item) A Motion that Rodger Young attend the Construction Claims Seminar the 18th & 19th of July in San Diego, California, and the amount of $1,250 be transferred from Account 31-607-795 to 01-30l-702 for this purpose Motion by Mr Aiello that Rodger Young attend the Construction Claims Seminar the 18th and 19th of July in San Diego, California, and the amount of $1,250 be transferred from Account 3l-607-795 to 01-301-702 for this purpose; seconded by Mr Merkl; carried 4-3 with councilmembers Davis, Hobbs, and Lewis voting No B Motion to award the bid for the Chip Seal Program, Project PW-83-5, to A-I Paving Company in the amount of their bid of $90,500 plus a contingency of $29,500 for a total of $120,000 to be charged to Account #31-303-840 and to authorize the Director of Public Works to sign all Change Orders up to the $120,000 The Mayor recommended they do not take a contingency of $29,500 Motion by Mr Hobbs that we award the bid but change contingency to $9,050 total of $99,550 with contingency of 10% on $90,500 Mr Aiello amended the motion to award bid of $90,500 plus allow Public Works to bargain to spend up to an additional $28,000 on additional streets to increase the thing and put $1,500 contingency The Mayor stated the $29,500 should not be put in at this point Mr Hobbs repeated his first motion; seconded by Mrs Snow; carried 6-1 with Mr Lewis voting No C Motion that the contract for maintenance of traffic signals be awarded to Traffic System Company in the amount of their bid of $19,560 for the standard bid and charged to Account 01-303-760 Motion by Mr Merkl that the contract for maintenance of traffic signals be awarded to Traffic System Company in the amount of their bid of $19,560 for the standard bid and charged to Account 01-303-760; seconded by Mr Hobbs; carried 6-1 with Mr Lewis voting No CITY COUNCI lINUTES JUNE 27, 1983 PAGE -8- D Motion to award bid for Project PW 83-3, 44th Avenue between Clear Creek and Wadsworth Blvd, to Asphalt Paving Company in the amount of their bid of $1,038,666 40 plus a contingency of $103,866 64 for a total of $1,142,533 04 to be charged to Account 3l-303-840 and to authorize the Director of Public Works to sign all Change Orders up to the $1,l42,533 04 I further move that $403,000 be transferred from Account #31-607-795 to Account #31-303-840 for this project Motion by Mr Davis that we award the bid for Project PW-83-3, 44th Avenue between Clear Creek and Wadsworth Blvd , to Asphalt Paving Company in the amount of their bid of $1,038,666 40 plus a contingency of $103,866 64 for a total of $1,142,533 04 to be charged to Account 3l-303-844 and to authorize the Director of Public Works to sign all Change Orders up to the $1,142,533 04 I further move that $403,000 be transferred from Account 31-302-833 to Account 3l-303-844 for this project; seconded by Mr Hobbs; carried 7-0 E Motion to accept Deed from Kipling 5000 to dedicate the remaining portion of West 50th Avenue to the City Motion by Mr Merkl to accept Deed from Kipling 5000 to dedicate the remaining portion of West 50th Avenue to the City; seconded by Mr Hobbs; carried 7-0 Motion by Mr Merkl to adjourn; seconded by Mr Aiello; carried 5-2 with Councilmembers Aiello and Lewis voting No Meeting adjourned at 12 00 P m ! / . d ; "J. k1i;z /, . i'1-<--( Wanda Sang, City Clerr WSjamw .