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
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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
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-Wanda Sang, City Cle
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