HomeMy WebLinkAbout11/19/1984
November 19, 1984
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
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 Wilde Also
present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City
Attorney, John Hayes; Public Works Director, Rodger Young; Director of
Community Development, Charles Stromberg Commander Cas sa Chief of
Police, Howard Jaquay; staff; and interested citizens
Motion by for approval of Minutes of October 22, 1984 and November 5,
1984 by Mr Hobbs; seconded by Mr Davis, carried 8-0
PROCLAMATIONS OR CEREMONIES
Presentation of Resolution 919 to "Employee of the Year"
Resolution 919 was introduced by Mr
Mayor Stites presented the "Employee
Motion by Mr Merkl for the adoption
Wilde; carried 8-0
Merkl; title read by the Clerk
of the Year" award to Karen Peil
of Resolution 919; seconded by Mr
CITIZENS' RIGHTS TO SPEAK
Helen Travis, of 2906 Benton Street, requested an ordinance to clean
sidewalks during snow storms
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item I
Council Bill 153 - An Ordinance providina 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 West 35th Avenue and
Wadsworth Blvd, City of Wheat Ridge, County of Jefferson,
State of Colorado
(Case No WZ-84-22) (Integrated Development Corporation)
Council Bill 153 was introduced by Mr Wilde on second reading; title
read by the Clerk Mr Stromberg presented the case Present and sworn
in by the Mayor were Maurice Fox, 4465 Kipling Street, Attorney for the
applicant; Robert Ellis, 7383 South Alton Way, Applicant Speaking in
favor were Robert Steinbach, 7801 West 38th Avenue, President of
Homeowners Association of the Valencia Apartments; Lou Higgins, 3720
Yukon Street, Manager of the Richland Apartments; Tom Stegbauer,
resident of 4125 Yarrow Street James H Erfurdt, 6035 Mansfield Avenue,
Partner of Westridge and Hill Side Apartments; Will Burt, resident,
12290 West 35th Avenue; George Graul, 4200 Yarrow Street Gaylord Stumm,
11885 West 37th Place Joseph Bean, 7075 West 32nd Avenue; Roger
Loecher, 4599 Carr Street; Charles Fitzpatrick, 7801 West 35th Avenue;
R A Newhouser, 7801 West 35th Avenue; Pat Garrity, 3315 Marshall
Street; Jerry Roach, 7805 West 48th Avenue; Pat Aiello, 2845 Otis Court;
Doris Ibbison, 3615 Teller Street; Charles Perotti, 7174 West 38th
Avenue; James Grant, 4090 Estes Street Opposed was Robert M Russell,
CITY COUNCIL MI~ ES
November 19, 1984
-l__,:Je 2-
3560 Allison Street, who stated his qualification as an engineer and
opposes the ordinance because .
I This rezoning is in conflict with the Comprehenslve Plan for
the City of Wheat Ridge
2 There is no need for additional commercial zoning at this
location, evidenced by extensive vacant commercial properties at the
Time Square Park and Shopping Center
3 This will be at cross purposes with the expressed intent of a
very expensive Urban Renewal grant for Time Square Park and Shopping
Area, and there is no way the subject property can become part of it as
a unified development with the distance separating the two properties
4 The property tax benefit to the City will be minimal and the
sales tax benefit is not assured
5 Increased congestion along Wadsworth Boulevard due to
additional commercial development and due to an additional signal light
in close proximity to 38th Avenue will cause traffic to seek an
alternate route down Allison Street, thereby destroying the peace and
tranquility of an established residential neighborhood
6 There is no guaranteed benefit to anyone other than the
developer whose land if rezoned becomes more valuable and rezonings
should not benefit a few at the expense of many
7 The neighboring residents are of the opinion the property in
question should not be rezoned
Also opposed were Robert R Eckhardt, 7400 West 34th Avenue; John Doyle,
3582 Allison Street; Ben Balay, 3561 Allison Street and James E
Arbison, 7800 West 35th Avenue, who reiterated what Mr Russell said
Motion by Mrs Snow that the opponents have the same amount of time as
the proponents, died for lack of second
Motion by Mr West to continue the meeting past II 00 P m and finish
the agenda in its entirety; seconded by Mrs Snow; carried 7-1, with Mr
Davis voting no
Motion by Mr Hobbs that Council Bill 153 be approved on second reading
for the following reasons and with the following conditions
REASONS
A This development will be compatible with surrounding zoning and land
uses as the character of the development provides for neighborhood and
community shopping and retail facilities, architectural style which
blends with or compliments surrounding developments and landscaping and
buffering in excess of minimum requirements
B The intent of the Comprehensive Plan is being met by this
development for Commercial Activity Center and the existing zoning and
development to the south and west provides the multi-family land use
buffer envisioned by the Comprehensive Plan
C All requirements of the Zoning Ordinance for Planned Commercial
Development and Outline Development Plan have been met
CITY COUNCIL MIl'< _.2:S
November 19, 1984
-l--...-'::fe 3-
o All service agencies and departments indicate ability to serve and
have no objections, and all costs related to this action shall,be the
responsibility of the property owners, their successors or asslgns, and
the City of Wheat Ridge shall be held harmless ln thlS matter
E Subject to the bulb (Exhibit 2) being relocated in the future if
development of 35th Avenue should be proposed, provided that the
relocation of the bulb will provide the protection to the residents on
Allison Street which is provided by this design
F The permit for water will be obtained from the Wheat Ridge Water
District with access from Conduit #94 or any other way that would not
affect the neighborhood water pressure A holding tank to be installed,
as described by the applicant, with any other reasonable restrictions
imposed by the Wheat Ridge ~1unicipal Staff or the Staff of the Wheat
Ridge Sanitation District, or County Health Department All such
modifications shall be the responsibility of the property owners, their
successors or assigns, and the City of Wheat Ridge shall be held
harmless in this matter
CONDITIONS
A That the developer be responsible for all cost of construction of
the accelarationjdecelaration lane along Friendly Ford property frontage
on Wadsworth Boulevard as required by the Colorado State Department of
Highways
B That the developer be responsible for the costs of all traffic
control devices included in the approved plan, including the traffic
signal on Wadsworth Boulevard
Seconded by Mr FIasco Mrs Snow stated she will be voting no for the
following reasons I This proposal is in conflict with the stated
purpose of the Comprehensive Plan to concentrate large future commercial
development into two commercial nodes, the Wadsworth Town Center and the
Kipling Activity Center This parcel is not a part of the Wadsworth
Town Center and will detract from it It is very unlikely that this
center will realize the sales tax claim without subtracting from the
sales tax receipts from the Wadsworth Town Center 2 This plan is also
in conflict with the landuse map of the Comprehensive Plan which shows
medium to high density for the greatest portion of this property This
proposal would be very suitable for medium density on the western
two-thirds with some light commercial on Wadsworth 3 This development
would add to the already overloaded sewer lines and would require
holding tanks, although residential development would probably also
require tanks It may be that this property can not be developed in any
manner until the sewer overload in the district is solved 4 I am
concerned about the commercial building almost on the west boundary next
to apartment condominium complexes to the west and north and the
attendant disturbance from customer traffic, trash collections, and
frequent deliveries The plan will also add more traffic to the
intersection at 35th and Wadsworth Boulevard than the intersection
can handle and add commercial traffic to the adjacent residential
streets I do not feel closing Allison Street is a satisfactory solution
because a great many customers will try to exit at 35th and Wadsworth
and create additional hazard at that intersection and many more will
ignore the signs and use Allison Street
CITY COUNCIL MIt. _ ",S
November 19, 1984
--,-dge 4-
Mr West stated he will be voting no for the following reasons 1 I
think both parties put their arguments together very well, by the way,
and I'd like to call attention to the staff report; Page 2, Paragraph 2
I think this could be a very good project It could add tax to the tax
base I feel also it could detract from Time Square These pictures we
see are very nice I'd like to see something like this in Wheat Ridge
but with concerns for the neighborhood I'm going to vote no till I see
a plan brought forth before Council because before we've had promises
that have not been fulfilled If a plan is brought forth then I would
consider rezoning with that plan Mr Wilde stated he will be voting no
because many people are aware of my feelings about holding tanks and I'm
commending Mr Ellis for his design and I would like to see that design
incorporated into the sanitation district in connection with the City of
Wheat Ridge Until such time as those standards and controls are
established between the City and Sanitation Districts, I will be voting
no
Motion FAILED 4-4, with Councilmembers Keller, West, Wilde and Snow
voting no
Item 2
Council Bill 156 - An Ordinance providing for the approval of
rezoning from Residential-Three (R-3) to Restricted
Commercial-One (RC-I) on land located at 3315 Sheridan Blvd,
City of Wheat Ridge, County of Jefferson, State of Colorado
(Case No WZ-84-20) (Health Care Properties I)
Council Bill 156 was introduced on second reading by Mrs Keller; title
read by the Clerk; Ordinance No 593 assigned Applicant, Lawrence E
Wright was present and sworn in by the Mayor He stated his reasons for
the rezoning Motion by t1rs Keller that Council Bill 156 be approved
for the following reason The property is within the City of Wheat
Ridge and all notification and posting requirements have been met,
therefore there is jurisdiction to hear this case With the following
condition No other RC-l uses other than a nursing home be allowed (but
not including facilities for mentally disturbed, or defectives, or for
the care and treatment of animals) Any deviation of the approved land
use will necessitate the approval of a change of conditions by way of a
rezoning procedure; seconded by Mr West The wording "defective" to be
taken out and replaced with "developmentally disabled" Motion carried
8-0
Item 3
A Request by Kipling 5000, Ltd for approval of an amendment
to an approved Final Planned Commercial Development Plan and
Plat within a Planned Commercial Development (PCD) zone
district located at approximately 9901 W 50th Ave
(Case No WZ-84-30) (Kipling 5000, Ltd )
Mr Stromberg presented the Case
Ave , was present and sworn in by
Case No WZ-84-30 be approved for
Applicant, Bill Price, 10601 W
the Mayor Motion by Mr Merkl
the following reasons a The
48th
that
CITY COUNCIL MIN
~S
November 19, 1984
Pu~~ -5-
property is within the City of Wheat Ridge and all n~ti~ic~ti~n ~nd
posting requirements have been met, therefore the~e 18 Jur1~d~ct1on to
hear this case b The proposal is consistent w1th the or1g1nal
Planned Commercial Development zoning for this site and is in
conformance with the Comprehensive Plan and the Kipling Activity Center
Master Plan for this area c The issues raised by the Arvada Fire
department have been examined and taken care of by the applicant d
The concerns of the Public Works Department have been resolved and do
not need to be studied further e Planning Commission and staff
recommend approval; seconded by Mr Hobbs; carried 8-0
B Motion that Case WD-84-2, a request by Kipling 5000, Ltd
to vacate utility easements as per the accompanying Quit Claim
Deed, be approved and hereby authorize the Mayor to sign said
deed and have recorded with the Jefferson County Clerk and
Recorder
(Case No WD-84-2) (Kipling 5000, Ltd )
Motion by Mrs Snow that Case WD-84-2, a request by Kipling 5000, Ltd ,
to vacate utility easements as per the accompanying Quit Claim Deed, be
approved and hereby authorize the Mayor to sign said deed and have it
recorded with the Jefferson County Clerk and Recorder; seconded by Mr
Hobbs; carried 8-0
Item 4
Council Bill l5l - An Ordinance amending Appendix A, Zoning
ordinance, of the City of Wheat Ridge, County of Jefferson,
State of Colorado, relating to New and Used Automobile and
Truck Sales Lots
Council Bill 151 was introduced on second reading by Mr Wilde; title
read by the Clerk; Ordinance No 594 assigned Motion by Mrs Keller
for the adoption of Council Bill 151 (Ordinance 594); seconded by Mrs
Snow Motion by Mrs Keller to amend Section 1 b to read "New and used
automobile, light duty truck (excluding any vehicle eight feet or more
in width, and/or twenty-five feet or more in length, and/or regardless
of size, a truck tractor or semi-trailer); seconded by Mrs Snow;
carried 6-2 with Mr Hobbs and Mr Merkl voting No Motion by Mrs Snow
to amend Section 1 b that after the phrase about minor detail work
ending with the words repair & replacement add "Major mechanical
repair includes the following 1. Engine overhauls, or partial
overhauls, either in place or with engine removed. 2. Transmission
removal and/or replacement. Repair and maintenance in-place allowed by
right. 3. Removal and repair of drive axles. Seconded by Mrs Keller
carried 6-2 with Mr Hobbs and Mr Merkl voting No Motion by Mrs Snow
to amend the Ordinance to read "New and Used car dealers legally
existing at the time of the adoption of this Ordinance may expand
without meeting the terms of this Ordinance If such car lots are
discontinued for a period of more than 60 days they shall have
met the requirements of the Ordinance seconded by Mr FIasco; carried
7-1 with Mr Hobbs voting No
Motion by Mr West to amend Ordinance to read not to allow more than 2
car lots in each district Motion died for lack of second Vote on
original motion carried 6-2 with Mr Hobbs and Mr Merkl voting no
CITY COUNCIL MI~
~S
November 19, 1984
-l~e 6-
Item 5
Council Bill 155 - An Ordinance amending Chapter 18 of the
Code of Laws of the City of Wheat Ridge by adding thereto
section 18-46(b) authorizing the Chief of police to sell
confiscated or unclaimed firearms to federally licensed
firearms dealers
Council Bill 155 was introduced on second reading by Mr Davis; title
read by the Clerk; and Ordinance No 595 was assigned Motion by Mr
Davis to adopt Council Bill 155 (Ordinance 595) on second
reading, seconded by Mr Hobbs Mr Merkl stated he will be voting no
because he feels confiscated weapons should not be sold unless they are
antiques Motion carried 7-1 with Mr Merkl voting no
Item 6
ORDINANCES ON FIRST READING
Council Bill 158 - An Ordinance providing for the approval of
Rezoning from Planned Industrial Development and
Agricultural-One to Planned Industrial Development and approval
of an amendment to a Planned Industrial Development Final
Development Plan on land located at 10501 West 48th Avenue,
City of Wheat Ridge, County of Jefferson, State of Colorado
(Case No WZ-84-17) (Robert Entrup)
Council Bill 158 was introduced by Mr Davis on first reading; title
read by the Clerk Motion by Mr Davis that Council Bill 158 be approved
on first reading, ordered published, public hearing set for Monday,
December 17, 1984 at 7 30 P m in City Council Chambers, Municipal
Bldg , and if approved on second reading, take effect I day after
final publication; seconded by Mr Hobbs; carried 8-0
Item 7
Council Bill 159 - An Ordinance providing for the approval of
rezoning from Agricultural-One (A-l) to Residential-Two-A
(R-2A) on land located at 4680 Miller Street, City of Wheat
Ridge, County of Jefferson, State of Colorado
(Case No WZ-84-25) (Jeff Schneider)
Council Bill 159 was introduced by Mrs Snow on first reading; title
read by the Clerk Motion by Mrs Snow that Council Bill 159 be
approved on first reading, ordered published, public hearing be set for
Honday, December 10, 1984 at 7 30 P m in City Council Chambers,
Municipal Building and if approved on second reading, take effect IS
days after final publication seconded by Mr Wilde; carried 8-0
Item 8
Council Bill 160 - An Ordinance providing for the approval of
rezoning from Residential-Three (R-3) to Restricted-Commercial
(R-C) on land located at 3700 Wadsworth Blvd, City of Wheat
Ridge, County of Jefferson, State of Colorado
(Case No WZ-84-27) (Nina Gunderson)
Council Bill 160 was introduced by Mrs Snow on first reading; title
read by the Clerk Motion by Mrs Snow that Council Bill 160 be
approved on first reading, ordered published, public hearing set for
Monday, December 17,1984 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
CITY COUNCIL MIN
~S
November 19, 1984
-f~e 7-
Item 9
Council Bill 161 - An Ordinance amending section 27,
Regulations applicable to all Districts, of Appendix A, Zoning
ordinance, of the City of Wheat Ridge, County of Jefferson,
State of Colorado, relating to requirements for screening of
Trash Containers
Council Bill 161 was introduced by Mr West on first reading title read
by the Clerk Motion by Mr West that Council Bill 161 be approved on
first reading, ordered published, public hearing set for Monday,
December 17, 1984 at 7 30 P m in City Council Chambers, Municipal
Building, and if approved on second reading, take effect IS days after
final publication Seconded by Mrs Snow Discussion followed Mrs
Keller called for the question seconded by Mr FIasco, carried 6-2 with
Mr Davis and Mr Hobbs voting no The vote on the original motion
failed 4-4 with Mr Davis, Mr FIasco Mr Hobbs, and Mr Merkl voting
no
Item 10 Council Bill 162 - An Ordinance repealing and reenacting
Section 21-2l and Section 21-23 of Chapter 21, Article II of
the Code of the City of Wheat Ridge, Colorado, pertaining to
Taxation of Telephone Exchanges
Council Bill 162 was introduced by Mrs Keller on first reading; title
read by the Clerk Motion by Mrs Keller that Council Bill 162 be
approved on first reading, ordered published, public hearing be set for
~1onday, December 17, 1984 at 7 30 P m in City Council Chambers,
Municipal Building, and if approved on second reading, take effect on
January I, 1985, seconded by Mr Wilde; carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item II Discussion regarding 26th Avenue Sanitary Sewer Construction
Motion by Mr Hobbs to have the sewer construction to be put on the
Study Session of December 3, 1985, and Staff negotiate an alternate
route; seconded by Mrs Snow; carried 8-0
Item 12 Motion re Drainage Pipe Bid
Motion by Mr
Pipe to Armco,
$32,498 08 and
carried 8-0
Wilde that we award the bid for Corrugated Metal Drainage
Incorporated, in the amount of (total quotation)
charge it to Account 19-302-833 seconded by Mr Merkl
Item 13 Motion re Traffic Signal Improvements Bids
Motion by Mr Wilde that we award a contract to Gades Sales ln the
amount of their bid of $17,170 for supplying traffic siqnal poles, mast
arms, and traffic signal faces and associated equipment and also a
contract to Midwest Signal in the amount of their bid of $27,046 for
supplying traffic signal controllers, cabinets, and associated
electronic equipment; and that we also approve installation of this
equipment by Traffic System Company in the amount of their quote of
$54,130 and in accordance with their current contract with the City; and
all of the above with a 15% contingency for a total of $113,097 90 for
equipment and installation I further move that we transfer $63,097 90
from account 31-302-833 to account 31-304-843 for this project seconded
by Mrs Keller; carried 8-0
CITY COUNCIL MIN~~S
November 19, 1984
-~~e 8-
Item 14 CONSENT AGENDA
A) Approval of Liquor License Renewal for Caravan West
B) Approval of Liquor License Renewal for Copa Cavana
C) Approval of Liquor License Renewal for Sun dance West
Lounge
D) Transfer of Ownership for Rosa di Roma Pizzeria & Italian
Restaurant
E) Transfer of Ownership for Kipling 70 Amoco
F) Liquor Survey setting for Zimmerman's Rear Door (formerly
Los Huertas Restaurant)
G) Modification of premises for Waterhole #2
H) Motion to cancel the November 26 and December 24, 1984
Regular Council Meetings
I) Motion to approve Resolution 920 - authorizing ICMA
Retirement Trust
J) Motion to purchase a computer terminal from Sperry Univac,
at a total cost of $2,236 00, and a Okidata printer from
Geiger Kroh, at a total cost of $795 00, to be charged to the
1985 budget account #19-202-809
K) Motion to purchase recording/reproducing equipment from
the Dictaphone Corp, at a total cost of 20,680 00, to be
charged to the 1985 budget account #19-203-809
L) Motion that City Clerk, Wanda Sang, can attend the 3rd
Annual Region VIII Conference in Lake Havasu City, Arizona, as
a second out-of-State trip, and that $ be charged to
Account 108-702
M) Motion to approve Resolution 921 - re Hazardous Substance
Response Program
Motion by Mr Hobbs to approve Consent Agenda 1n its entirety; seconded
by Mrs Snow; carried 8-0
ELECTED OFFICIALS' MATTERS
Mr FIasco stated that we need to make reservations for the Disaster
Conference coming up Motion by Mr FIasco to send Civil Defense
Coordinator and his nominee; seconded by Mr Hobbs; carried 7-1 with
Mrs Snow voting no
Motion by Mrs Snow to discuss the ruination
Session on December 3, 1984; seconded by Mrs
Mr Davis and Mr Hobbs voting no
of Youngfield at the Study
Keller; carried 6-2 with
CITY COUNCIL MING-rES
November 19, 1984
-~dge 9-
Mr West complimented Mr Hayes on the trial
Item IS
Election of Mayor pro tern and Council President for a I-year
term
Motion by Mr Davis for a voice vote; seconded by Mr Hobbs; failed 4-4
Motion by Mrs Keller to nominate Mr Wilde for Council President;
seconded by Mr Hobbs; carried 8-0 Tony FIasco was nominated Mayor pro
tern by paper ballot; carried 5-3
ADJOURNMENT
Meeting was adjourned at 12 50 a m
c