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HomeMy WebLinkAbout10/08/1984 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO October 8,1984 The City Council Meeting was called to order by the Mayor at 7 30 Councilmembers present Kent Davis, Larry Mer~l, Clyde E hobbs, Keller, Tony FIasco, Nancy Snow, Randy west, and Dan vlilde l\lso present City Clerk, \~anda Sang; City Administrator, Tom Palmer; Attorney, John Hayes; Director of Community Development, Charles Stromberg; Chief of police, Howard Jaquay; staff and interested citizens p m Noe City PROCLAMATIONS OR CEREMONIES Resolution 911 - Resolution of appreciation to Irene McClure for fourteen years of service to the City of Wheat Ridge - introduced by Mr i'lerkl; title read by the Clerk ~10tion by /lr Herkl for the adoption of resolution 911; seconded by Mr Wilde carried 8-0 Mayor presented Resolution to Irene McClure Motion by Mr seconded by i'lr Davis for approval of Minutes of September 24, 1984 Hobbs carried 8-0 CITIZENS' RIGHTS TO SPEAK ROY Wilmore, 6130 West 40th Avenue, addressed Del Ray Apartments parking lot berm Berm is still there and he wants Council to tell him what they are going to do about it /lr Palmer stated the engineer will be informed and Mr Palmer will call the Wilmores tomorrow Tom Gordon, 900 So Vine, Star Drive, addressed the Requested Council to hold Hearing on this item Motion by Mr Davis to schedule d Special prior to the Study Session on November 5, carried 8-0 Denver, and Bill Pearse, 20439 So Shooting Pearse Industrial Development Bonds a Special r-ieeting on November 5 for Public Meeting for this item only, 1984; seconded by Mr West; Kay Ore, 10565 West 46th Over 200 people attended the three widows Avenue, gave results of the Benefit Dance $2700 to $3000 were raised to qive to Public Hearing on Budget ~lotion by /lr Hobbs to continue Budget Hearing until October 22, 1984; seconded by Mr FIasco; carried 8-0 CITY COUNCIL MINUT~S october 8, 1984 Page -2- PUBLIC HEARINGS AND ORDItlAt~C.cS ON SECOND IU:.ADIt,C Motion by Mrs Keller to bring Item 1 off the TABLE; seconded by Mr Hobbs carried 8-0 Item I Council Bill 143 - An Ordinance vacating a portion of /JlOore ~treet, located South of West 44th Avenue within the City of Wheat Ridge, Colorado (Case No WV-84-2) (Tabled for 2 weeks on ~ept 24, 1984) Mr Strombery presented the case Motion by Mrs ~eller for approval of Council Bill 143 (Ordinance 584) for the followinq reasons 1 1he property is located within the City of Wheat Ridge 2 All notification and posting requirements were met 3 There were no negative agency referrals 4 Both the Vacation and identified portion of the cul-de-sac and possible future extension of Moore Street to West 42nd Avenue are logical extensions of the local street systems 5 The proposed street Vacation is compatible with long range development of the surrounding area and an improvement in traffic circulation for this area G Planning Commission recommends approval; seconded by ~lr West carried 7-1 with Councilmember Hobbs voting no Item 2 Council Dill 147 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-I) to Residential-Three (R-3) on land located at 4375 Moore Street, City of Wheat Ridge, county of Jefferson, ~tate of Colorado (Case No WZ-84-14) (Gilbert and Mildred Gerhardt) Council Dill 147 was introduced on second reading by Mr Merkl; title read by the Clerk; Ordinance No 585 assigned ~]r Stromberg presented the case Applicants Mildred and Gilbert Gerhardt, 4375 Moore Street, were present and sworn in by the Hayor They asJ<ed for rezoning which would improve neighborhood and conform to the Comprehensive Plan Motion by Mr Herkl that council Bill 147 (Ordinance 585), a request to rezone property at 4375 Moore ~treet from Agricultural-One (A-I) to Residential-Three (R-3), be approved for the following reasons I The property is within the City of Wheat Ridqe and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case 2 There were no negative comments received concerning this request 3 The proposed rezoning to Residential-Three is qenerally in conformance with the Comprehensive Plan for this area 4 The proposed rezoning to Residential-Three is compatible with adjacent land uses and zoning With the following condition Public water service and curb, gutter, and sidewalk be installed during the building permit process seconded by Mr Hobbs Motion by Mrs Snow to amend Ordinance to R-3A seconded by Mrs Keller Mr Davis stated he would be voting no on the amendment, because he agrees totally with Mr MerJ<I--it seems like every time a zoning comes in we want to dilute it a little and since we've had no one speaking against this development, he will support the !{-3 zoning Amendment Failed 3-5 with Councilr.Jembers Davis, FIasco, Hobbs, Wilde, and Merkl voting No CITY COUNCIL MINUTES october 8, 1984 Page -3- ~lotioll by l1r Hobbs to amend to take effect I day after final publication; seconded by Mr Davis; Mrs Snow stated she will be voting No because nothing really takes effect for 45 days after final publication original Motion carried 5-3 with Councilmembers Keller, Snow, and West votiny No Item 3 council Bill 148 - An Ordinance providiny for the approval of rezoninq from Residential-One (R-l) to ~esidential-Two (R-2) on land located behind 2650 and 2674 Lamar Street at approximately 2651 Kendall Street, City of Wheat Ridge, county of Jefferson, State of Colorado (Case No WZ-84-15) (Paul and Bernice Stoll and Elaine Beher) Council Bill 148 was introduced on second reading by Mr Wilde; title read by the Clerk Ordinance No 586 assigned ~lr Stromberg presented the case Present and sworn in by Mayor Stites were the applicants, Paul and Bernice Stoll, 2650 Lamar, and Llaine Beher, 2674 Lamar, who stated their reasons for wantinq rezoning Motion by Mr Wilde that Ordinance 586 be approved for the followinq reasons I This would be compatible with surrounding zoning and land uses 2 It would be in conformance with the Comprehensive Plan 3 Residential-Two construction would serve as a buffer between higher densities to the east and the single family residences along Lamar Street seconded by Mrs Snow carried 8-0 Item 4 Council Bill 149 - An Ordinance providing for the approval of Rezoninq from Restricted-Commercial (R-C) to Commercial-One (C-l) on land located at 7690 West 38th lweIlue and 3790 Yukon court, City of Wheat Ridge, County of Jefferson, .state of Colorado (Case No \.iZ-84-21) (Friendly Ford, Inc Council Bill 149 was introduced on second reading by Mr West title read by the Clerk Ordinance No 587 assigned Mr Stromberg presented the case Applicants John A Yelenick, 2 S Dahlia Street, John J Yelenick, 9982 E 112th Ave , Henderson, Jody Monfred, I0071 Zenobia Ct , and William Castro, 5436 Vivian Circle, were present and sworn in by the Mayor They stated they need the rezoning to stay in business the Ford dealership depends on it Robert Russell, 3570 Allison, expressed the neighborhood concern about Friendly Ford using Allison Street as a test road for their vehicles ~10tion by ~lr \~est to approve Ordinance 587 for the followinq reasons 1 This request is generally compatible with the surrounding zoninq and land uses 2 This request conforms to the Comprehensive Plan 3 Staff has recrnmnended appr~val And with the following conditions 1 Owners provide manaqement parking, dealers and employee parking of vehicles on their ~wn propert'r and not on public streets 2 Landscaping provisions of Apendix A, Section 27 2 0 J (e) be strictly complied with and not varied 3 Future building be no more than 3 stories high seconded by Mrs Snow Mr Davis stated he will vote No because of the 35ft restriction on building Mr Hobbs called for the question; seconded by Mr Merkl; carried 7-1 with l1rs Snow voting No Vote on original motion failed 4-4 with Councilmembers Snow, viest, Wilde, and I<':eller voting yes CITY COUNCIL MINUTES OCTOBLR 8, 1984 Page -4- ['lotion by fir Hobbs for approval without fIr West 's conditions. seconded Ly Mr Davis Mrs Snow stated she would be voting No because without those restrictions it would really be an imposition on the neighborhood Motion Failed 4-4 with Councilmembers Davis, FIasco, hobbs, and Merkl votinq yes Motion by Mr Davis for approval with the following condition The applicant provide within their area parking for their vehicles and employees vehicles and not use on-street parking; seconded by fvJrs Keller; carried 5-3 with Councilmembers Sno", ;"est, and Wilde voting No Item 5 Council Gill 150 - An Ordlnance authorizing the imposition by Mountain Bell of a Charqe of $ 17 per subscriber line to pay for Emergency Telephone Service within the City of Wheat Ridge, and further authorizing the Board of the Jefferson County Emergency Telephone Service Authority to direct Mountain Bell to begin collectinq said charge effective no later than November I, 1984, and thereafter to report and remit said charges as provided by Law Council Bill 150 was introduced on second reading by Mr Merkl; title read by the Clerk; Ordinance No 588 assigned Motion by Mr Merkl for the adoption of Council Bill 150 (Ordinance 588) on second reading seconded by Mr FIasco Mr West stated he would vote No because he has a problem with raising rates on Mountain Bell for a public service Motion carried 7-1 with Mr West voting No Item 6 ORDINANCES ON FlUST RLADING Council Bill 153 - An Ordinance providinq for the approval of rezoning from Residential-Two (R-2) to Planned Commercial Development (PCD) and approval of an Outline Development Plan on land located at the Northwest corner of ,~est 35th Avenue and Wadsworth Blvd, City of Wheat lzidge, County of Jefferson, State of Colorado (Case No WZ-84-22) (Integrated Development corp) Council Bill 153 was introduced on first reading by Mr Wilde title read by the Clerk ~lotion by Mr Wilde that Council Bill 153 be approved on first readinq, ordered published, public hearinq set for tlonday, November 19, 1984 at 7 30 p m in City Council Chambers, Municipal Bldq , and if approved on second reading, take effect 15 days after final publication seconded by Mrs ~eller; carried 8-0 Item 7 DECISIONS, RESOLUTIONS, AND ~10TIONS Item 8 Motion by t1r Hobbs that an amount not to exceed $3,500 be dpproved for the Annual Appreciation Dinner, to be charqed to Account 01-610-712 seconded by Mrs Keller carried 8-0 Decision on ~ence at 37th & Garland t-1r bayes asked Louncil not to make a decision on this item until he can look into the matter cITY COUNCIL MINUTLS OCT013t.R 8, 1984 Page -5- Item 9 Resolution 912 - Urban Renewal Authority Request of City Council to approve the 1984 Economic Development Fund Budget and to approve three project elements Motion by Mr Wilde that Resolution 912 be approved; seconded by Mrs Snow carried 5-3 with Councilmembers Davis, FIasco, and Hobbs voting No Item 10 Resolution 913 - approving a Project Element of the Limited Wadsworth Town Center Project and Urban Renewal Plan for Construction Motion by Mrs Snow for the approval of Resolution 913; seconded by Mr Ililde; carried 7-1 with tIr FIasco voting No CITy ATTO]WEY' S tlATTERS Mr Hayes stated they will be taking depositions from Council for the lawsuit starting at 9 30 a m October 27, 1984 ELECTED OFFICIALS' MATTERS t1r Davis complained of staff calling Councilmernbers during working hours--would request staff to be a little more considerate of Council's time Further stated he is very upset about Mr & Mrs Wilmore having to come before Council to get somethinq settled, when Street Committee had already directed staff to take care of it Motion by Mr FIasco to have a report on any and all annexations by Urban Renewal Authority Motion died for lack of second Mrs ~eller requested an evening meeting with staff on any briefings ~Ir PaInter replied that can be done Mr Hobbs asked Mr liayes about Development Agreements, encumbrances on properties at 41st and 44th & Carr; asked for a list of all properties addressed Mr Neal's drainage problem on 38th Avenue; stated no one has been in contact wi th ~Ir Neal to correct problem fIrs Snow addressed the motion in July that the Arborist Board have a meeting within 30 days--didn't have one for 2 1/2 months--feels the Par}s Department is ignorinq Council; addressed semi-trailer problem asked Chief Jaquay to crack down on it Mr Merkl spoke regarding the trees qrowing out over the street at 29th & Reed--can't see around feels it is a safety hazard; asked to have it cleared sometime this year Motion by Mr Merkl to hold Reqular council Meetinq on November 19, 1984 to replace November 12-meeting, which is a city Holiday seconded by tlr Hobbs carried 8-0 Brief discussion by all regarding picking up of tree limbs followed Mr Palmer stated it was advertised that the City would pick them up Motion by Mrs Keller to adjourn; seconded by Mr Davis carried 7-1 with Mr FIasco voting No ~Ieeting adjournecy Kit 10 ~n~ 21 ty Cle./l v 15 P m 9,1 '- 'f ti./I1.-t,L A..I \--lunda Sang,