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HomeMy WebLinkAbout07/09/1984 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO July 9, 1984 The City Council Meeting was called to order by the Mayor at 7 30 P m Councilmembers present Kent Davis, Larry Merkl, Clyde E Hobbs, Moe Keller, Tony FIasco, Nancy Snow, Randy West, and Dan vlilde Also present Deputy City Clerk, Christa Jones; City Administrator, Tom Palmer; City Attorney, John Hayes; Director of Community Development, Charles Stromberg Director of Parks, Richard Bredt; City Engineer, Ric Minetor and interested citizens Motion by Mr Wilde for approval of Minutes of June 25, 1984 seconded by Mr Merkl; carried 8-0 (Minutes were previously corrected) CITIZENS' RIGHTS TO SPEAK Vance Kolesar, 3930 Hoyt Ct , spoke on 2 topics--one was regarding a meeting of the Board of Adjustment on June 28 pertaining to the approval of a Specinl Exception to the Plood Plain Ordinance to fill in the flood plain on Lots 4, 5, 6, and 7 of the Pernwood II Subdivision, located at approximately 4000 Hoyt Court--the other was application by R L Zyla for approval of a Temporary Use Permit to park a semi-tractor in a Residential-One Zone District on property located at 3885 Hoyt Street His concerns included that the Public Hearing sign re Special Exception, could not be seen properly; was dissatisfied that the Board of Adjustment only considered the Plood Plain and not the drainage and requested that this case be reheard with the drainage consideration; he submitted a picture to Council showing the public hearing sign; he then spoke in favor of granting Mr Zyla a variance to park his truck on his property Randall L Zyla, 3885 Hoyt Street, inquired why his case had not been heard before the Board of Adjustment and City Attorney Hayes explained that the Board of Adjustment had been asked to hear something that would have been a violation of the Model Traffic Code and they did not have that authority Harold D Lutz, 3864 Hoyt Street, attorney and neighbor of Mr Zyla, spoke in favor of allowing him to park his truck on his property and urged Council to reconsider the Major Vehicle Par~ing Ordinance and make a provision for a person to request a variance Peter Bruno, 3906 Hoyt Court, spoke in favor of Mr Zyla and against the filling in of the flood plain His concerns included the amount of truckloads it would take to fill in the land; eventual flood problems for people building in that area; and parking of cars in winter CITY COUNCIL MINUTES July 9, 1984 Page -2- R P Rinne, 3890 Hoyt Street, spoke In favor of Mr Zyla Tom Gibbs, 3940 Hoyt Court, asked that Council make a motion to rehear Case WP-84-2 He stated that the Public Hearing sign had not been visible Phyllis Lancaster, 4076 Everett Street, thanked City Council, Arborist Department, and especially Bill Cassel, for providing an incentive for people to get their Blue Spruces sprayed for the Tussock Moth and asked for an Ordinance that would require people with infected trees to have them sprayed and take out their old dead ones Tony Picco, 3925 Hoyt Court, spoke against the landfill and for Mr Zyla Bonnie Poulk, 3900 Hoyt Street, reiterated previous speakers' statements in regard to the landfill and for Mr Zyla, and asked for possibly reversing the Roard's action and rehearing the case Janice Thompson, l2290 W 42nd Street, path at Crown Hill and stated she felt enjoying the park and the wildlife was and Open Space for putting in path spoke in favor of the concrete more people were using and not being disturbed; thanked City Motion by Mrs Keller that City Council direct Mr Hayes to ask the Board of Adjustment for a rehearing on Case No WP-84-2 and if necessary, and if the Board of Adjustment refuses, then to persue the matter to District Court seconded by Mr Hobbs; Mrs Snow asked if Mrs Keller would accept into her motion that Mr Hayes attend the hearing and clarifies their jurisdiction over drainage, sometimes it gets very unclear by the time it is repeated and she would like Mr Hayes there ~lrs Keller agreed Consensus was to split Mrs Kellers motion--l) Council direct Mr Hayes to ask the Board of Adjustment for a rehearing on Case NO WP-84-2; carried 8-0 2) if the Board of Adjustment refuses, the matter be taken to District Court; Failed 4-4 with Councilmembers Davis, Snow, West, and Wilde voting No PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Application by Terry O's Inc , dba "The Dartboard at Lakeside", 6325 West 48th Avenue, for a new Class T, Tavern Liquor License with Extended Hours Patty A Heichel, 875 W Berry Ave, applicant, was sworn in by the Mayor and explained her reasons for wanting the license; she explained there was no other dartboard business in the area Roy Swartwood, 11295 W 44th Avenue, spoke in favor of the application CITY COUNCIL MINUT~S July 9, 1984 Page -3- Speaking in opposition and sworn in by the Mayor were Jack E Major, 6285 W 48th Avenue, Bernice M Major, 6285 W 48th Avenue, Roxy Vendena, 6105 W 49th Avenue, Deborah Thomas, 6301 W 48th Avenue, Leland Thomas, 6301 iv 48th Avenue, Jack Major,Jr, 6285 West 48th Avenue Their concerns included parking problems, ditch on one side, no parking on the other side; the business would be detrimental to the Hheat Ridge area as a whole; letters expressing opposition were entered as Exhibits A) and B) backing out in traffic; 5 existing places doing business in the area; drainage problems Applicant replied that negotiations for off-street parking were currently taking place; that most of her business would be taking place in the evening when the other businesses would be closed Mark Magelin, 6315 W 48th Avenue (business address) owner of property in question, was sworn in by the Mayor and answered Council's questions He stated at present there were no parking spaces, but that on the east side of the building there were 13-16,000 square feet that would be given up for a parking lot Motion by Mr FIasco to deny the application for the following reasons 1) The evidence adduced at the Public Hearing of July 9, 1984 indicates that the desires of the residents of the neighborhood under consideration is for denial of this license, as evidenced by petitions bearing l6 signatures opposed to granting, 30 signatures in favor of granting, and 25 signatures with no opinion 2) The reasonable requirements of the neighborhood within a one-mile radius of the proposed site are adequately served by virtue of 3 or more outlets possessing a similar license existing in or near said neighborhood; seconded by Mr Davis; Failed 4-4 with Councilmembers Hobbs, Snow, Wilde, and 11erkl voting No Motion by Ilr Wilde for granting a liquor license for this establishment based on the affirmative number of signatures in favor as opposed to against and the fact that it will have to meet the parking ordinance when it is approved; seconded by Mr Hobbs Failed 4-4 with Councilmembers Davis, Plasco, Keller, and West voting No Case is closed It is automatically denied Item 2 Application by Glenn H Adams for approval to amend Pinal Development Plan of the Wheat Ridge Plaza PCD/PRD, located at 7770-7780 West 38th Avenue (Case No WZ-84-7) (Glenn H Adams) Mr Stromberg presented the staff report and entered documents into the record which were accepted by the chair Glenn H Adams, 7770 W 38th Avenue, applicant, presented copies of map to Council He explained that there are 216 parking spaces, but that none are covered at this time There will be a total of 80 carports, one per dwelling unit, leaving over lOO additional parking spaces ~lotion by Mrs Snow that Case No WZ-84-7, a request for approval to amend the Final Development Plan of the Wheat Ridge Plaza PCD/PRD, located at 7770-7780 West 38th Avenue, be approved for the following reasons 1) Staff concludes that the amendment to the PCO/PkD does not pose any problems and might contribute to the existing development 2) The Planning Commission finds no problems with the application and recommends approval with the following condition that the additional structures be limited to carports with the prohibition against conversion to closed garages to prevent storage of stormwater and that this provision be entered on the plat; seconded by Mr West; carried 8-0 CITY COUNCIL MINUTES July 9, 1984 Page -4- Item 3 Application by Dwaine R Richter for approval of a crnnbined Preliminary and Pinal Development Plan and Preliminary and Final Subdivision Plat for the Richter Planned Commercial Development, located at the northwest corner of West 32nd Avenue and Interstate 70 (Case No WZ-84-10) (Dwaine R Richter) Mr Stromberg presented the case and showed slides and overhead transparencies showing the subject property and entered documents into the record, which were accepted by the chair Speaking in favor of the development and sworn in by the Hayor were Ron Hoisington, 3281 Alkire Court, Planning Consultant, THK Associates,Inc, 40 Inverness Drive East, Englewood Robert W Pelsburg, Division Vice President, PRC Engineering, Englewood; Dwaine Richter, 2860 Berry Lane, Golden Alan Tallas, Vice President of Maryeting for La Quinta, San Antonio, Texas Speaking in opposition and sworn in by the Mayor were Ed Wilson, 3125 Zinnia Street, Eugene Mauldin, 3195 Zinnia Street, Susanne Burm, 1832 Union Drive, Lakewood, Pam Brumbaugh, 3165 Zinnia Street, Roland Brumbaugh, 3165 Zinnia Street, Connie Mauldin, 3195 Zinnia Street, Linda Hoops, 13050 W 32nd Avenue, Prances Rye, 11863 W 27th Drive, Tom Gerken, 12980 Willow Lane, Ben Shader, 13000 Willow Lane, Carl Elberger, 14330 parview Lane, Betty Stout, 3229 Zinnia Court, Sandra Schoenebeck, 14380 W 30th Avenue, Janette Smitham, 3248 Zinnia Court, Mike Mabee, 3278 Zinnia Court, Ernie Maiers, 13110 W 3lst Avenue Their concerns included a commercial building in their all-residential neighborhood; safety of school children going to Manning Jr High traffic on 32nd Avenue backing up; transient people driving in and out in a hurry; neon signs in the neighborhood; an existing 16 motels already in the immediate area; they also entered petitions marked Exhibit A) against this development into the record Motion by Mr Merkl that Case No WZ-84-10, which is a request by Dwaine Richter for approval of a combined preliminary and final subdivision plat and commercial development plan for the Planned Commercial Development district located at the NW corner of I-70 and West 32nd Avenue, be approved for the following reasons and with the conditions stated 1 All requirements of the Subdivision Regulations and Zoning Ordinance have been met 2 The proposals are in full compliance with the previously approved Richter Outline Development Plan 3 All service utilities indicate an ability to service this development 4 Planning Commission and Staff recommend the approval of the Preliminary and Pinal Development Plan and Plat; seconded by Mr Davis Motion by Mrs Snow for an amendment that the western boundary of lot 1 be moved 40 feet to the west so that indeed lot 1 meets the requirement of C-l district seconded by Mr Flasco Mrs Snow clarified that it is only the portion that falls onto lot 6 not any encroachment on lot 5; still seconded by Mr Plasco; Motion by Mr Hobbs to suspend the Council Rules of Order and procedure and go past II 00 P m and finish the agenda in its entirety; seconded by Mr Wilde carried 7-1 with Mr Davis voting No Mrs Snow's amendment carried 5-3 with Councilmembers Davis, Hobbs, and t-lerkl voting No CITY COUNCIL MINUTES July 9, 1984 Page -5- Motion by Mrs Snow that there be a restriction on the plat that there be no development on lot 3 until negotiations between the City, the developer, and the State Highway Department, are completed regarding the relocation of the service road; seconded by Mrs Keller; Mr FIasco requested Mrs Snow to repeat the motion Motion by Mrs Snow that there be a restriction on the plat that there is no development on Lot 3 until such time as the developer, the City of Wheat Ridge, and the State Highway Department complete negotiations for the relocation of the Service Road; seconded by Mrs Keller; carried 7-1 with Mr Hobbs voting No Motion by Mrs Snow that the berm be continued on lot 4 directly to the south rather than dividing Lot 4 from the adjacent residential homes; seconded by Mr Wilde Pailed 4-4 with Councilmembers Davis, FIasco, Hobbs, and Merkl voting No Motion by I1r Plasco that the plan be altered so that the two detention ponds be solely on their property and in no way infringe on the Colorado Department of Highways Right-of-way; seconded by Ilr West; Failed 5-3 with Councilmembers Plasco, Keller, West voting Yes Motion by Mrs Snow that in lieu of the park dedication the sidewalk be provided by the developer at 8 feet, on the east side of Lots 1 and 2; seconded by Mr West; Pailed 4-4 with Councilmembers FIasco, Keller, Hobbs, and i'lerkl voting No ORIGINAL MOTION AS AMENDED CARRIbD 8-0 ORDINANCES ON FIRST READING Council Bill 135 - An Ordinance providing for the approval of rezoning from Residential-Two (R-2) to Restricted Commercial-One (RC-l), with conditions, on land located at 4701 Wadsworth Blvd , City of ,meat Ridge, County of Jefferson, State of Colorado (Case No WZ-84-l) (Leo P Watson and Richard V McKinley) Council Bill 135 was introduced on first reading by Mrs Keller; title read by the Clerk Motion by Mrs Keller that Council Bill 135 be approved on first reading, ordered published, public hearing be set for Monday, August 13, 1984 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 West carried 8-0 Item 4 CITY COUNCIL MINUTES July 9, 1984 Page -6- DECISIONS, RESOLUTIONS, AND MOTIONS Item 5 Discussion of request by Mr Baugher and recommendation by Richard Bredt to remove Resolution 884 from the Table Resolution authorizing the Jefferson County Open Space Officials to purchase the property and water rights for Open Space purposes the parcel of land referred to as the Rock/Gillhouse located at 4300 Tabor Street in Wheat Ridge, subject to final approval of the purchase price by the City of Hheat Ridge Motion by Mr West to remove Resolution 884 from the Table seconded by Mrs Snow; carried 7-1 with Mr Davis voting No Speak.ing in favor of buying the Rock/Gillhouse and the water rights and sworn in by the Mayor were Phyllis Lancaster, 4076 Everett Street, Dougal Graham, 3330 Chase Street, Warren Johnson, 11680 W 44th Avenue, Janice Thompson, 12290 W 42nd Avenue, Mabel Ryan, 4265 Vivian Street Parks Director, Richard Bredt, answered Council's questions regarding access, parking, cost, etc ~lr FIasco read a letter from Claudia Worth into the record, urging purchase of said property Mr Davis stated he will be voting against this for the same reasons he voted No before--he doesn't think the City should invest in water rights; we need development of parks on the east side Motion by Mr West to adopt Resolution 884; seconded by Mr Merkl; Mr Wllde will be voting No for the same reasons Mr Davis stated Motion Pailed 4-4 with Councilmembers Davis, FIasco, Hobbs, and Wilde voting No Item 6 Bid Award for Curb, Gutter, and Sidewalk Repair Program Motion by Mr Merkl that the 1984 Curb, Gutter and Sidewalk Repair program be awarded to REM Construction, Inc , in the amount of their bid of $83,447 50 plus a contingency amount of $8,350 I also move that the Director of Public Works be authorized to change order and increase the total contract for property owners who wish to install curb, gutter, or sidewalk at their cost with a cutoff date of July 25, and that $36,343 be transferred from Account No 31-303-840 to Account No 31-303-842 to complete the program; seconded by Mr Hobbs; Mrs Snow will be voting against this motion because we are spending too much money on curb and gutter Mr Plasco will be voting against this motion because he does not understand why the city crews cannot do the job Mr Davis will be voting no for the same reason Mr Plasco stated Motion Pailed 5-3 with Councilmembers Keller, Hobbs, and Merkl voting res Motion by Mr Plasco that the 1984 Curb, Gutter and Sidewalk Repair program be awarded to REM Construction, Inc in the amount of their bid less $20,100 for asphalt patching to be done by City crews or a total contract amount of $63,347 50, plus a contingency of $6,334 I also move that the Director of Public Works be authorized to change order and increase the total contract for property owners who wish to install curb, qutter, or sidewalk at their cost with a cutoff date of July 25 and that $9,232 be transferred from Account No 31-303-840 to Account No 31-3030-842 to complete the program; seconded by Mr Davis; carried 5-3 with Councilmembers Snow, West, and ~lerkl voting No CITY COUNCIL MINUTES July 9, 1984 Page -7- Item 7 CONSENT AGENDA A) Motion to authorize bids to be taken on the porestry Division Skyworker and chassis; and if bids are sufficient to cover the cost of a new chassis, bids be brought in to City Council for a new chassis B) Ilotion to authorize the Mayor to sign the Land Exchange Agreement between the City of Wheat Ridge and Pred J Haaf, Jr (Case No WV-83-4) c) Motion that a payment of $58 54 be made to the Wheat Ridge Pire Protection District relating to the intergovernmental agreement between the City and the Pire District for the Town Center Urban Renewal Project and that the Town Center sales tax increment funding due to the Authority be reduced by the same amount This payment covers the full estimated amount of property tax increment to be received during the 1984 calendar year " D) Motion Turf Farm, account No (Bluegrass to purchase 65,000 at a total cost of 31-603-800-862 sod installation at square ft $8,612 50, of sod from Superior to be charged to Wheat Ridge Park) Mr Plasco asked that Item C) be pulled and that he be allowed to abstain because of conflict of interest Motion by Mr Merkl for the adoption of the Consent Agenda less Item C) as printed seconded by Mrs Snow; carried 8-0 Vote on Item C) carried 7-0 with Mr Plasco abstaining CITY ADHINISTRATOR'S HATTERS Mr Palmer stated he would prepare and distribute a listing of the expenditures of the County Emergency Pund CITY ATTORNEY'S MATTERS Mr Hayes complimented Council on the way they handled Item 3; explained that Russell matter was now finished in the District Court, and that Mr Russell would possibly appeal to the Colorado Court of Appeals; gave progress report on Eckland lawsuit ELECTED OFFICIALS' MATTERS Mr Davis brought up the Zyla case and asked to reconsider the Ordinance Motion by Mr Davis that staff hold off on any enforcement procedures until such time that an amendment can be prepared providing an option for variance in certain cases seconded by Mr Plasco CITY COUNCIL MINUTES July 9, 1984 Page -8- Mrs Keller asked if Mr Davis would accept as part of his motion that variance be brought to City Council; Mr Davis and second accepted Mr Davis made part of his motion that the holding off of enforcement would only apply to residential areas; second accepted; Mrs Snow will be voting no because she feels we would be open to lawsuits by giving one person a variance and not another Mr Merkl will be voting No because of his concern of semis and trailers parking allover residential neighborhoods while the ordinance is not being enforced Motion carried 5-3 with Councilmembers Merkl, West, and Snow voting No Mr Davis requested a meeting with Mr Palmer and others re Cosolo matter Mr Hobbs concurred with Mr Davis; asked for a confidential report concerning a lawsuit by next Councilmeeting; asked Mr Palmer to look into a drainage problem Mr Merkl asked when the alleys would get fixed up Motion by rlr Wilde to adjourn; seconded by Mr West; carried 8-0 Meeting adjourned at 12 35 a m