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HomeMy WebLinkAbout11/21/1983 (2) - CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO NOVE~1BER 21, 1983 The City Council Meetinq was called to order by the Mayor at 7 30 P D Councilmembers present Kent Davis, Anthony FIasco, Clyde E Hobbs, ~loe reller, Larry ilerkl, Nancy Snow, Randy \Jest, and Dan Wilde Also present City Clerk, Wanda S~ng; acting City Adninistrator, Chief cTaquay City Attorney, John Hayes City Treasurer, James ilalone Department Heads Charles Stromberg and Hodger Younq, staff and interested citizens CITIZENS' RIGHT TO SPEAK Claudia Worth, 4650 Oak Street, spoke regarding the new construction on 44th Avenue She was under the impression the sidewaly was to be separated and stated the sidewalk is attached ilayor Stites replied that in some areas it was not wide enouqh to separate then and Clsked ~1rs Worth to come to Public Horks and check the plans Don Lancaster, 407h Everett Street, spoke regarding the Wheat Ridge Urban Renewal Authority meetings on Wadsworth Town Center Par} on November 30, 1083 from 7 00 - g 00 p m and on December 3, lQP,3 from 9 00 - 2 on p m and invited all of Council, Administration, Employees and anyone else who is interested Sandra Collins, 3415 Teller Street, wanted to speak regarding Group Home Ordinance on first reading and was told by Mayor Stites thClt no public testimony was ta~en on first readinqs and would have the opportunity to speak at the Public Hearing 110tion by 11r by ilr Davis !",er} 1 to move Item 4 on the Agenda up to Item 1 seconded carried 6-2 with councilmembers Snow and West voting No ORDHJANCE on FIRST READING Item 4 Council Bill 113 - An Ordinance repealing Ordinance 535 and Ordinance 550, and amending various section of Appendix A, Zoning Ordinance, of the City of Wheat Ridge, County of Jefferson, State of Colorado, relatinq to Residential Group Homes Council Dill 113 was introduced on first reading by 11r 11erkl title rea,} by the Clerk 110tion by ~lr ileryl that Council Dill 113 be approved on first reading, ordered published, public hearinq set for Honday, December 1;:>, 1923 at 7 30 P m in City Council Chanbers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by 1lrs Snow CITY COUNCIL r1PTfJTES November 21, Ig83 p'"ge -2- 1'otion by rIr r1erkl to amend the Council Bill as follows 1. For all Group Homes, minimum separation should be 2000 feet, seconded by Hr Davis; carried (,-2 with Councilmembers Snow and \Jest voting No 2 For all Group Homes, only one of each type of Group Home should be permitted per each Council District; seconded by Mr Davis carried 5-3 with Councilmembers FIasco, Snow, and Irlest voting No 3 All Group HOlnes, except those for Developmentally Disabled and Elderly with eight or fewer residents, should be required to be approved by Special Use Permit seconded by 1lr Davis; carried 7-1 with ~lrs Snow voting /Jo Vote on Council Rill 113 as amended carried 6-2 with Councilmembers Snow and West voting No PUBLIC COrIMCNT AND ORDINANCES ON SCCOND READING Item 1 Application by heith liouk for approval of a site plan for commercial development within the Kipling Activity Center on property located at 10065 \Jest 44th Avenue (Case No WSP-83-4) 11r Stromberq presented Case No HSP-83-4 and showed slides r1ichael rA Massa, 1227 Hest Weaver Circle, Littleton, Lynn C 11assa, 6382 West rentley, Littleton, who lease their business located at 10065 West 44th Avenue from clr llouk, spoke on their wishes for approval rIot ion by 11r FIasco for approval with added S2S s'luare feet of landscaping seconded by Mr West ~Ir Davis stated he will be voting No because (1) b} running a strip down the west side of the property the visual effect would he eliminated (2) the upkeep of the landscaping is as important as the landscaping and (3) the parking area would be unsafe Motion failed 5-3 with Councilmembers FIasco, Snow, and West voting Yes ~'jotion by Mr Davis that Case No WSP-B3-4, which approves a Site Plan for Massa Glass expansion, be approved for the following reasons A This proposal conforms with the ~ipling Activity Center Master Plan in that an upgrading of the property is being proposed B Staff recommends approval; seconded by Mr Hobbs Hr fIasco stated he will be voting No because (1) they have not developed the site into a retail office mode and (2) does not meet the goals of the Kipling Activity Center as set forth by rlr Stromberg Vote Carried 7-1 with tlr f'lasco voting No Item 2 Application by clary E subdivision on property (Case no !'lS-82-4) Smmith for approval of a two-lot located at 4350 Dover Street m1nor Mr Gidley presented case Mary E Smith, 4350 Dover Street, the applicant, gave her reasons for wanting the subdivision and read letters from her neighbors ill favor of her subdivision Sworn in by the Mayor and speakinq in favor of the suhdivision were John F naumann, 8101 West 32nc1 Avenue, John E 'raft, 8502 I,rest 44th Avenue, Luci lIe Olson, 3975 Cody Street, John 0 Olson, 3975 Cody Street, Don Hebert, 11267 West 2Sth I\venue, Angie Groke, 4040 Field Drive, Frances rlorrison, 4320 Dover, ~laureen Little, 575<:) C Geddes Circle, Imogene !lic}ey, 3080 l'larshall Street, Dan E t1aher, 80(105 \lest Circle, Gail Sponsler, 4321 Dover Street, Lynn Smith, 3435 Allison, Tean Coressel, 7060 West 43rd Avenue, James 1\ Dunn, 4170 Carr Street, and Andy Linto, 3200 Otis Street CITY COUNCIL MINUTES November 21, 1983 Page -3- Speaking in opposition were David Hicks, 4380 Dover Street, Gerald F Riedel, 4339 Dover Street, 11ichael Gale, 4351 Dover Street, Brian Vogel, 4100 Dover Street, who also read letters from two other individuals, Richard Bolger, 4333 Dover Street, and Wilda 11cLinden, 4310 Dover Street 11r Hayes stated to Council that ~Jr Hicks presented a letter to the Clerk titled Legal Protest opposing the creation of subdivision that was filed in good faith Under Section 5 10 of the City Charter and Colorado State Law a legal protest can only be filed on an ordinance This is not an ordinance The document is to be received by Clerk as evidence in opposition rlotion by ~lrs Snow that Ci'lse No MS-B2-4, a request for a two lot minor subdivision at 4350 Dover Street, be approved for the following reasons (1) subdivision meets all subdivision regulations (2) Staff recommends approval; (3) Dividing this large parcel into two parcels will create lots of a size compatible with and comparable to other lots in the neighborhood and provide a fair compromise between the original desire of the applicant for a three lot subt1ivision and the equally important desires of other nearby residents not to change the density, characteristics of the neighborhood and (4) It is not intended that the subdivision will provide a precedent for future subdivisions of the lots to the south since those lots are much smaller than the one under consideration and with the following conditions That there be placed a restriction on the deed for single family use only since the construction of duplexes would change the character of this primarily single family neighborhood; seconded by Mr West Discussion followed Mr Merkl called for the question; seconded by ~lr Hobbs; carried 7-2 with Councilmembers Wilde and t-.eller voting No Vote on original motion failed 4-4 with Councilmembers Davis, Hobbs, ~1erkl, and Hilde voting No /lotion by ~lr ~lerkl that Case No I1S-82-4, a request for a two-lot minor subdivision at 4350 Dover Street, be approved for the following reasons (1) Planning Commission and staff recommend approval (2) All agencies can serve and (3) All zoning and subdivision regulations have been met; seconded by 11r Hobbs; carried fi-2 with Keller and Snow voting lJo Item 3 Application by t-.enneth Frens for approval of a site plan for commercial development within the Kipling Activity Center on property located at 9990 West 44th Avenue (Case No \'lSP-83-5) ~lr Stromberg presented the case The Applicant was not present and ~layor Stites asked if this action was ini tiatecl by the City 11r Stromberg stated it was and it was not necessary for the applicant to be present 110tion by /Irs Snow to continue Case rTo tVSP-83-5 until December 12, 1983; seconded by Mr Davis carried 8-0 CITY COUNCIL MINUTES November 21, 1983 Page -4- NEvI BUSINESS ORDINANCE ON FIRST READING Item 5 Council Bill 114 - An Ordinance providing for the issuance and sale of the City of vfueat Fidge, Colorado, Industrial Development Revenue Bond (3280 Wadsworth Joint Venture Project) Series 1984, in the principal amount of $550,000, and approving the form and authorizing the execution of certain documents relating thereto Counci 1 Bill 114 was introduced on first reading by ~lr ~lerkl title read by the Clerk Motion by Mr Merkl that Council Bill 114 be approved on first reading, ordered published, public hearing be set for Monday, December 12, 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 Davis Mrs Snow stated she will be voting No because we have a large office vacancy rate and she does not feel we need any more office buildings and that no public purpose is served by these bonds 11r FIasco stated he will be voting No because of minor adjustments and also the ordinance stated that the passing of the Resolution and ordinance adopted on October 10, 1983, commits the Council to approve it on second reading The applicants have sufficient assets to do this on their own without having the City become liable Motion failed 4-4 with Councilmembers FIasco, Hobbs, Snow, and Ivest voting No DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 Resolution 870 - agreeing to issue Industrial Development Bonds to finance a project for La Quinta 110tor Inns, Inc Resolution 870 was introduceo by 11r Stromberg title read by the Clerk Sworn in by the Mayor and speaking in favor of the Resolution were Dwaine Richter, 2860 Berry Lane; Allan Tallis, San Antonio, Texas, representing La Quinta Motor Inns and Dee \^lisor, 633 17th Avenue, Denver, attorney for La Quinta Motor Inns Motion by Mr West that Resolution 870 be approved, which will induce an Industrial Development Revenue Bond for no more than $4,600,000 seconded by Mr Wilde carried 7-1 with Mr Hobbs voting No CITY COUNCIL MINUTES November 21, 1983 Page -5- Item 7 CONSENT AGENDA A) Resolution 871 - providing for Budget Transfers within the annual Budget B) notion that the NCR proposal be accepted for the lease purchase of a new data processing system for the City of Wheat Ridge c) Motion to suspend the Council Rules of Order and Procedure and to a~end the Comprehensive Plan in the general vicinity between Marshall and Jay Streets and West 35th and West 38th Avenues from high to low density residential D) Motion to postpone the Senior Center expansion study from December 5 Study Session and set a Study Session for January 16, 1984 to discuss this study and other possible uses of Open Space and Lottery Funds E) notion to approve the upgrading of the seven traffic signals by Traffic Systems Company for the amount of their quote plus a contingency of ten percent (10%) for a total of $72,417 00 to be charged to account 31-304-843 I1r Davis requested that Item 7 C) be voted on separately and because there is a conflict of interest he asked to abstain He also requested that his memo be read into the record Vote on Mr Davis abstaining carried 7-0 with Mr Davis abstaining 1'-lr Hobbs requested that Items p) & E) be voted on separately Motion hy Mrs Snow for the approval of Items A) and D) on the Consent Agenda seconded by Mr West; carried 8-0 Item D) - Judy Grant, 2000 S Colorado Blvd , was sworn in by the Mayor and gave a brief synopsis on NCR A new proposal by Hewlett Packard was presented by Carl nell, Woodland Park, Colorado, who was also sworn in by the Ilayor Ilotion by 1'1r until Agenda Davis voting ~lerkl to suspend the Rules and to continue the meeting is completed; seconded by Mrs Snow carried 7-1 with 1'-lr No Mr Greg Sasse and Ilr Jim Malone answered question from Council Motion by Ilr Hobbs to accept the NCR proposal to include amendment not to exceed $82,100; seconded by Mrs Keller; carried 8-0 CIT't COUtlCI L 11IICTJTES qe -6- Item C) - t1r vlllde moved to suspend the Council Rules both in regard to period of time for reconsideration and to requirements of who can as} for reconsideration, and to reconsider the Comprehensive Plan amendment in the area of 35th to 38th Avenue, Jay to ~larshall seconded l)y t-1rs Snow Mayor Stites stated there are people signed up to speak on this matter Uancy Snow stated they could speak only to the point of reconsideration and not the amendment to the Comprehensive Plan Mayor Stites agreed will Burt, 112QO W 35th Avenue, questioned the TRotion lIe felt it is not correct and that the motion is to amend the Comprehensive Plan He always has (as record will show) supported the full requirements for publishing and posting for Comprehensive Plan Amendments The motion is contrary to that He recommended that they abandon the proposed motion and at least modify it, so that it provides for publishing, posting, and full public hearing, and at that full public hearing, people will have time to prepare Dana Bowling, 12121 W 32nd Ave , stated his concerns for the new Councilmembers lIe felt the Consent Agenda should contain motions not controversial lie concurs with ~lr Burt on Public Hearings, publishing, and posting !Ie feels this Council would be setting a precedent Betty Biddinger, 3840 Estes Street, stated she concurs with Mr Burt and Mr Rowling Mr Wilde stated he had a letter circulated by Jake Rurkhardt in the area of property in question, some 20 - 22 signatures on it, asying for the reconsideration lIe presented it to City Clery Discussion followed tlrs Snow called for the question secondeCl by 1'lr West carried 7-0 with t1r Davis abstaining Original Motion failed 3-4 with Councilmernbers Hobbs, 11erkl, and Keller voting lJo, fIr Davis abstaininq ~lotion failed hecause all members did not vote Item E) - ~lr Hobbs as} ed if these items were put out to bi,i--the answer was no 110tion by flr Hobbs to put these i terns out on a sealed biCl seconded by 11r FIasco; carried 5-3 with Councilmembers Davis, ~lerhl, and Keller voting No CITY AT'rOWJEY' 5 I'JAT'l'ERS John llayes informed Council that the matter on "Step it up Dance Studio" scheduled to be in Court today, was continued He will advise Council of date He complimented Council on their conduct during this difficult meeting He requeste~ that Council have an itlformal meeting at some point to d1S~USS the1r ex~ectations over the next two years with City Adm1n1strator, C1ty Attorney, Mayor, and Clerk This would not be the yind of meeting that would precluCle the Charter as no specific item of bus1ness would be oiscussed ELECT!:'!) OFFICIALS' ~'lATTERS Mr Wilde stated he had a subject he would like to discuss but in the interest of time, will forego that until the next meetinq CITY COUNCIL MINUTES november 21, 1983 Page -7- ~1rs Keller made a comment on an earlier action of Council tonight She was disappointed on a vote regarding a first reading She felt by their vote they denied the applicant the right to be heard Wanted to go on record that she disagrees with that She feels anyone that comes before Council has the basic right to be heard Wanda Sang, City Council Packets delivered Clerk, wanted consensus of Council on delivery of Discussion followed Consensus was not to have them Meeting adjourned at 12 10 a m L~....., Ivanda Sang, .~~~~ City Cl k WS;chj amw;