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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