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HomeMy WebLinkAbout12/10/1984 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO December 10, 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 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; Director of Parks, Richard Bredt; staff; and interested citizens PROCLAMATIONS AND CEREMONIES Presentation of Resolution 918 - Resolution of Appreciation to Joseph A Iasillo for II years of service to the City of Wheat Ridge, was introduced by Mr Hobbs title read by the Clerk; seconded by Mr Davis; carried 8-0 Motion by Mr Hobbs for approval of Minutes of November 19, 1984 (with previous corrections); seconded by Mr Flasco; carried 8-0 CITIZENS' RIGHTS TO SPEAK James A Anderson, 3335 Pierce, addressed the garage and junk yard next to his home He presented Council with pictures Mayor Stites directed Tom Palmer to take care of this Larry Addington, 10220 W 33rd Ave , requested Council to reconsider the project at 35th and Wadsworth (Case No WZ-84-22) Barry Hudson, 6545 W 44th Ave, also addressed Case No WZ-84-22; stated the Wheat Ridge Sanitation District has incorporated the same requirements as are stated in the Emergency Ordinance (Item 1 on the Agenda) Charles Jones, 4560 Allison Street, addressed holding tanks; stated if they are properly constructed they will not cause problems Claudia Worth, 4650 Oak Street, addressed the petition of 81 signatures presented to Planning Commission Ben Balay, 3561 Allison Street, also addressed Case No WZ-84-22 and the petition against the rezoning Norma Ekburg, 12467 W 38th Ave, spoke in favor the rezoning Will Burt, 12290 W 35th Ave , asked Council to reconsider Case No WZ-84-22 CITY COUNCIL MINUTES December 10, 1984 Page -2- Charles Graul, 7955 W 44th Ave, spoke regarding turning down C-l zoning because of smell; addressed holding tanks; spoke in favor of Case WZ-84-22 Carol Hampf, 3295 Miller, also asked Council to reconsider the case --------------------------------------------------------------------- Item 1 EMERGENCY ORDINANCE Emergency Ordinance 596 - An Emergency Ordinance amending Section 27, Regulations applicable to all districts of Appendix A of the Code of Laws of the City of Wheat Ridge by establishing criteria for issuance of rezoning approvals and building permits in instances where holding tanks are required to be installed and maintained within the City of Wheat Ridge based upon the Emergency found to exist by the City Council as specified herein Mrs Snow made a point of order pertaining to needing 5 votes of Council to place an Ordinance on the Agenda Discussion followed Emergency Ordinance 596 was introduced by t1r Wilde; title read by the Clerk Sworn in by the Mayor were Robert M Russell, 3560 Allison Street, who explained about his qualifications as an engineer and expressed his disfavor of holding tanks; Barry Hudson, 8464 W 26th Ave, Lakewood, who favors holding tanks Discussion followed Motion by Mr Wilde for the adoption of Emergency Ordinance 596; seconded by Mr Merkl; carried 6-2 with Mrs Snow and Mr West voting No PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 Council Bill 157 - An Ordinance to amend Wheat Ridge Code of Laws, Appendix A, Zoning Ordinance, Section 27, Regulations applicable to all Districts pertaining to Planned Building Groups (PBG) Council Bill 157 was introduced on second reading by Mrs Snow; title read by the Clerk Ordinance No 597 was assigned Glen Gidley presented the case Discussion followed Motion by Mrs Keller to amend the Ordinance under Section d (1) to read "All recommendations from Planning Commission shall be forwarded to City Council"; seconded by Mrs Snow; carried 7-1 with r1r Merkl voting No Failed Motion by Mrs Keller to change Section d (2) to read "All necessary improvements shall conform to provisions in Section 5-94 I of the Code of Laws"; seconded by Mrs Snow; Failed 3-5 with Councilmembers Keller, Wilde, and Snow voting yes Vote on original motion as amended carried 8-0 Item 3 Council Bill 159 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-I) 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 on second reading by Mrs Snow title read by City Clerk Ordinance 598 was assigned Present and sworn in by Mayor Stites were Dan Schneider, applicant, 6 Twilight Drive, Lakewood, Colorado, who stated he would not resent CITY COUNCIL MINUTES December l~, 1984 Page -3- a restriction to build a duplex or single family residence Karen Heine, 4600 ~1iller Street,and Mary Christopher, 4650 Miller Street, presented a legal protest Claudia Worth, 4650 Oak Street, Wheat Ridge, Colorado, asked Mr Schneider to withdraw his request for R-2A and asked for R-2 MOTION by Mrs Snow that Case #WZ-84-25, 4680 Miller Street be rezoned to R-l for the following reasons 1 The surrounding neighborhood is all low density residential of either single family homes or duplexes 2 The applicant is in agreement that his intent is to build two single family homes and that he is in agreement with rezoning for R-lC rather than R-2A 3 The R-IC is in keeping with the character of the surrounding neighborhood Discussion followed Seconded by Mr Wilde; carried 8-0 Motion by Mrs Snow for Staff to prepare an Amendment to the Comprehensive Plan to show entire strip as low density, seconded by Mrs Keller; FAILED 3-5 , with Councilmembers West, Snow, and Keller voting yes Item 4 Application by Jefferson Avenue Methodist Church for Site Plan Approval in the Kipling Activity Center for property located at 4425 Kipling Street (Case No WSP-84-5) Mr Gidley presented the case Sworn in by the Mayor were Bill Reeves, 32 Skyline Drive, a Member of Trustees (Church), who spoke for approval, Judy Lyke, 14180 Crabapple Grove, Golden, Colorado; and Anne Voiland, 1775 Union Street, Lakewood, Colorado Both of the above spoke in favor MOTION by Mr Hobbs that Case No WZ-84-5, a request fo site plan approval in the Kipling Activity Center for property located at 4425 Kipling Street be approved for the following reasons 1 Staff recommends approval 2 The proposal is not incompatible with surrounding land use With the following conditions 1 All parking lot paving requirements be waived Seconded by Mr Wilde; carried 8-0 Item 5 Application by Betty M of Shadowwood Village the vacation of Queen (Case No MS-84-4) Wells for Subdivision Street approval of a resubdivision from 7 lots to 3 lots and for Mr Gidley presented the case Present and sworn in by the Mayor was Betty M Wells, applicant, 8907 West 77th Place, Arvada, Colorado, who stated her reason for cutback Speaking in favor were Lou Ficco, 11315 West 38th Avenue, Ken Dardano, 11237 West 26th Place; James H Mosley, 11325 West 40th Avenue; and Louise Turner, 11256 West 38th Avenue; who read letter into the record MOTION by Mr FIasco to suspend the Rules of Order and go past II 00 P m and finish the agenda in its entirety; seconded by Mr Merkl; carried 6-2, with Mr Hobbs and Mr Davis voting no MOTION by Mrs Snow that Case No WZ-84-4, a request for the resubdivision of Shadowwood Village Subdivision and for the vacation of Queen Street, be approved for the following reasons I Staff concludes that the proposed resubdivision meets the requirements of the Subdivision Regulations and the Zoning Ordinance, and is more in keeping with the development of the surrounding neighborhood 2 The City has no need for the construction of Queen Street With the following CITY COUNCIL MINUTES December 10, 1984 Page -4- conditions 1 No parking be allowed on the access drive from West 38th Avenue Seconded by Mrs Keller Motion by Mr FIasco for twenty feet of unobstructive surface, seconded by Mr Merkl; FAILED 4-4 with Councilmembers West, Keller, Hobbs, and Snow voting no Vote on original motion 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 Resolution 922 - A Resolution of the City Council of the City of Wheat Ridge, Colorado, expressing opposition to Sales Tax "Simplification" Legislation which would eliminate local control of the Municipal Sales Tax Base and local control of Sales and Use Tax Enforcement Mrs Keller introduced Resolution 922; title read by the Clerk by Mrs Keller for approval, seconded by Mr West; carried 8-0 MOTION Item 7 Resolution 923 - providing for Budget Transfers within the Annual Budget Mrs Keller introduced Resolution 923; title read by the Clerk MOTION by Mrs Keller for approval; seconded by Mr Hobbs; carried 8-0 Item 8 Resolution 924 - authorizinq reimbursement from City of Wheat Ridge's attributable share of the Jefferson County Open Space Fund for Parks and Open Space Development Mrs Keller introduced Resolution 924; title read by the Clerk MOTION by Mrs Keller for approval, seconded by Mr Wilde; carried 8-0 Item 9 Motion by Mr Hobbs to purchase two Chevrolet Impala Police Patrol Vehicles from Century I Chevrolet Inc , at a total cost of $22,551 40, to be charged to Account No 57-305-807; seconded by Mr West Mr Davis stated he will be voting no because Council spends too much money after II 00 P m Carried 7-1 with Mr Davis voting no Item 10 Motion to purchase a 1985 Ford F-600 cab and chassis, from Mountain States Ford Truck, at a total cost of $16,329 00; sell our present vehicle (bucket unit plus cab and chassis) to Davey Tree Experts for a total of $9,000 00; to be charged to Account No 57-305-807 Motion by Mr Merkl to put a new bucket on our old truck and bring truck up to standards to handle extra weight; seconded by Mr FIasco carried 7-1 with Mr Hobbs voting no Item II Motion by Mrs Snow to award the janitorial service contract for 1985 to Janitorial Programs, at a monthly cost of $980 00, to be charged to contractual services building maintenance account; seconded by Mr Davis carried 8-0 Item 12 Motion by Mrs Keller to approve the modification of premises for Mon Petit Restaurant, located at 7000 W 38th Avenue, seconded by Mr West; carried 8-0 CITY COUNCIL MINUTES December 10, 1984 Page -5- Item 13 Motion by Mr Hobbs that Mr Van Houten's appeal in Case SUP-84-9 be accepted and that an Ordinance be prepared for 1st reading on December 17, 1984; seconded by Mrs Snow; carried 8-0 Motion by Mr Davis for adjourment; seconded by Mr West; FAILED 4-4 with Councilmembers Keller, Flasco, Wilde, and Merkl voting no Item 14 Motion that Mr R 0 Young's appeal in Case WZ-84-33 be accepted/ or not be accepted Mr Hayes stated this should not be on the agenda this way, but as a first reading Item 14 was not addressed this evening CITY ATTORNEY'S MATTERS City Attorney John Hayes handed out two reports; one on Lena Gulch Acquisition and one on the breakdown on the amount of time he has spent on City business as City Attorney; addressed Council's approval of a subdivision vacating a portion of property along the Coors' Greenbelt that the City has a lease on It will require a vacating ordinance by the City MOTION by Mr Merkl to vacate the open space portion from Coors' Greenbelt Lease, seconded by Mr Hobbs; carried 8-0 Mr Hayes has been advised by the attorneys in the Suter Lawsuit that there will be no appeal filed Mr Hayes addressed the appeal of Mr Psilas of the Port of Entree of the suspension of his license Judge Hardesty upheld the Local Liquor Licensing Authority's suspension Mr Psilas has IS days for an appeal of that decision Mr Hayes also spoke on the collection of Port of Entree sales tax delinquency Mr Hayes has been approached by the attorney for Mr Russell about a potential settlement of not just the appeal, but also of the second lawsuit Mr Russell, through his attorneys, has sued the City for $400,000, which is the difference between the R-3 zoning they thought they were buying and the A-I zoning which has prevailed to this point Consensus of Council was to have the information on this case in a confidential memo; carried 6-2, with Mr FIasco and Mr Davis voting no ELECTED OFFICIALS' MATTERS Mrs Keller asked Mr Palmer about the property at Jellison Street which the City does not own The Greenbelt stops at the end of the street and about the possible purchase of that Street The Parks and Recreation and the 44th Avenue Task Force Committee have recommended the purchase of this property Consensus of Council to look into this carried 7-1, with Mr West voting no Mr Merkl addressed special districts at meetings with Council about four years ago He feels we should schedule some new meetings with the districts to discuss what they have in mind and how it relates to the City CITY COUNCIL MINUTES December 10, 1984 Page -6- Mr FIasco requested an agenda item of a Resolution supporting DRCOG recommendations to the Governor of a site for the new State Detention Facility The site they have selected is the old bombing range at Lowry Air Force Base MOTION by Mr FIasco to place this on the agenda at the next Council meeting; seconded by Mr Hobbs; carried 8-0 Mayor Stites addressed the discussion he had with other Mayors about Intergovernmental Agreements Discussion included setting up dialogue between Community Development departments as it relates to problems that face all the Citys and also dialogues amongst all Public Works departments as it relates to problems with Public Works, in hopes it will be able to coordinate some problems city by city at the boundary lines They will make reports to Council Mr Hobbs asked Mr Hayes about Item 14 on the agenda Mr Hayes stated Rodger Young, Public Works Director, does not need Council's authority to appeal Case No WZ-84-33 Public Works is in the time frame for an appeal and it will come to Council as a First Reading in the near future First Reading will be set for the December 17 Council meeting Mrs Snow asked what has happened to the Rock/Gillhouse property Mr Bredt stated there was a meeting within the last 30 days with Mr Rock and Mr Gillhouse An update of the appraisal on land and water was requested The process has been started Mrs Snow also asked about repairs on the small house next to the Richards/Hart Estate Mr Bredt answered his staff is working on it (estimate of repairs, etc ) MOTION by Mrs Snow to adjourn; seconded by Mr Hobbs; carried 8-0 Meeting adjourned a~ II 35 P m '-jL /; (-;-'.~o/i -Wanda Sang, City Cle v