HomeMy WebLinkAbout02/25/1985
FEBRUARY 25, 1985
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
The City Council Meeting was called to order by the Mayor at 8 20 P m
(lateness due to a previous liquor hearing) Councilmembers present
Kent Davis, Tony FIasco, Larry Merkl, Clyde E Hobbs, Moe Keller, Nancy
Snow, Randy West, and Dan Wilde Also present City Clerk, Wanda Sang;
City Administrator, Tom Palmer; sitting in for City Attorney, Victoria
Bunsen; Also present Chief Jaquay; Richard Bredt; Charles Stromberg;
staff; and interested citizens
Motion by Mr Wilde to approve the Minutes of February 11, 1985;
seconded by Mr Hobbs; carried 8-0
CITIZENS' RIGHTS TO SPEAK
David Deuben, 3585 Allison Court, requested Council (prevailing side) to
reconsider Case No WZ-84-9 (Loup Miller), as the developers have
reduced the units from 104 to 72 Discussion followed Council felt
this should go as a new case through Planning Commission
Mathew Melonakis, 3250 Miller Street, requested Council to schedule Case
SUP-85-1 in April instead of March; feels Wayne Preston and Bonnie Scoma
should not be retained on Planning Commission
Ralph Hinst, 10040 W 32nd Avenue, agreed with the previous speaker;
addressed the SUP-85-1 case; felt Bonnie Scoma and Wayne Preston
should not be retained on the Planning Commission
Lou Longo, 4425 Reed Street, chairman
addressed the allegations toward Mrs
conduct of these two commissioners
of the Planning Commission,
Scoma and Mr Preston; upholds the
Item 1
Application by Jolly Jacks Liquor, 4141 Kipling Street, for
change of corporate officers and approval of renewal
application
Motion by Mr Hobbs to approve the change in corporate officers for C&D
Ltd , dba Jolly Jacks Liquor, 4141 Kipling Street, the corporation to
consist of President, Duane J Helms; Vice President, Norman nohnker;
Treasurer, Harold J Aberle; Secretary, Harold J Aberle I further
move to approve the renewal application for period ending 3/29/86;
seconded by Mr West; carried 8-0
CITY COUNCIL MINUTES
February 25, 1985
Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2
Council Bill 169 - An Ordinance providing for the approval of
rezoning from Residential-Two to Restricted Commercial-One on
land located at 4390 Reed Street, City of Wheat Ridge, County
of Jefferson, State of Colorado
(Case No WZ-84-36) (Kathryn Lee, Calvin Lee, and Jane Welch)
Council Bill 169 was introduced on second reading by Mr Wilde; title
read by the Clerk Mr Stromberg presented the Case Sworn in by the
Mayor and speaking in favor were the applicant and Ruth Van Auer, 1656
S Jellison St , Judith Marr, 22714 Hayden Drive, Billie Burke, 6995 W
44th Ave, David Bloom, 3201 E 3rd Avenue, Louis Brenner, 4800
Wadsworth Blvd , who spoke of their reasons for wanting the rezoning and
passed out exhibits
Speaking in opposition were Raymond A Route, 4301 Reed; Edward
Hasselbach, 4310 Reed; Steve Barbick, 4265 Reed; who stated their
reasons for not wanting the rezoning Discussion followed Motion by
Mr. Wilde that Council Bill 169 be denied for the following reasons 1
This request, in a strict technical sense, could represent spot zoning
2. It would encourage the escalation of existing strip commercial along
West 44th Avenue 3 It is incompatible with adjacent land use and
zoning and is nonconforming to the Comprehensive Plan 4 It cannot
conform to required parking standards as currently developed; seconded
by Mrs Snow. Mrs Snow also added her reasons for voting no, namely I
The fact that the owners of all nearby corners are in favor, is a good
indication that rezoning could escalate commercial zoning down 44th I
believe one owner even testified they would like commercial zoning It
could also establish a precedent for rezoning down Reed Street, a
residential area 2 I do not find it justification for rezoning that
the property has been for sale for a year, since the testimony of the
applicants own witnesses was that the property was poorly maintained
Mr FIasco added his reasons for voting NO--Planning Commission
recommended denial; staff recommends denial; Vote on Denial carried
8-0
Item 3
Council Bill 171 - An Ordinance providing for a change in
zoning conditions on land located at 4075 Kipling Street, City
of Wheat Ridge, County of Jefferson, State of Colorado
(Case No WZ-84-28) (Hoa and Cong Chu)
Council Bill 171 was introduced by Mrs Keller on second reading; title
read by the Clerk; Ordinance No 607 assigned Mr Stromberg presented
the case Sworn in by the Mayor were applicant Cong Chu, 4925 W 69th
Avenue; Susan Cookenboo, 6153 S Valley Dr , Polly Pinkston, 10630 W
46th Avenue There was no one present to speak in opposition Motion
by Mrs Keller that Council Bill 171 be approved on second reading for
the following reasons 1) No negative impacts result from the existing
operation 2) The proposal is simply an extension of an existing
operation 3) It conforms to the Commercial Zone District regulations
with the following conditions
CITY COUNCIL MINUTES
February 25, 1985
Page -3-
1 That it be based on Exhibit A revised Site Plan 2 The
requirements for curbcuts and landscaping improvements and construction
of an accel/decel lane be waived until any future date, when a
continuous site plan development between 41st Street and 38th Avenue be
presented 3 The front yard setback not be reduced below 50 ft
unless a variance is granted by the Board of Adjustment 4 A 25 ft
easement at the west property line boundary be reserved to be placed at
some future date at the discretion of Mr Chu as shown on Exhibit A
attached. Motion by Mr Merkl to amend to remove condition 4 ; seconded
by Mrs Snow; carried 8-0 Motion by Mr Merkl to remove condition 2
and put it up as a no 4 to state that the requirements for curbcuts and
landscaping improvements and the construction of an accel/decel lane
be put in at time of construction on the property; seconded by Mr
Hobbs; Discussion followed; carried 5-3 with Mr West, Mrs Keller, and
Mr Wilde voting No Motion to amend by Mrs Snow that the City apply
for a waiver to the Board of Adjustment and that there be no fee to the
applicant; seconded by Mr Hobbs; carried 8-0 Original Motion as
amended carried 8-0
Item 4
Council Bill 172 - An Ordinance amending Section 3A-7 of the
Code of Laws of the City of Wheat Ridge, by adding a subsection
3A-7(c) thereto providing that there be no refund or rebate of
any fees paid pursuant to said Section 3A-7
Council Bill 172 was introduced on second reading by Mr Davis; title
read by the Clerk; Ordinance No 608 assigned Motion by Mr Davis for
the adoption of Council Bill 172 (Ordinance 608); seconded by Mr Wilde;
carried 8-0
Item 5
ORDINANCES ON FIRST READING
Council Bill 176 - An Ordinance providing for an amendment to
the Outline and Final Development Plan on a part of the Planned
Commercial Development (PCD) known as Medical-Dental
Condominiums and approval of a Final Plat on land located at
7807-7821 West 38th Avenue, City of Wheat Ridge, County of
Jefferson, State of Colorado
(Case No WZ-84-31) (Zephyr Development Group, Ltd )
Council Bill 176 was introduced by Mrs Snow on first reading; title
read by Clerk; Motion by Mrs Snow that Council Bill 176 be approved on
first reading, ordered published, public hearing be set for Monday
March 18, 1985 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect 15 days after final
publication; seconded by Mr Merkl; carried 8-0
Item 6
Council Bill 177 - An Ordinance providing for the approval of
Rezoning from Residential-One to Residential-One-C on land
located South of West 30th Avenue, between Marshall Street and
Newland Street, City of Wheat Ridge, County of Jefferson, State
of Colorado
(Case No WZ-84-37) (Daniel Schneider)
CITY COUNCIL MINUTES
February 25, 1985
Page -4-
Council Bill 177 was introduced by Mr Wilde on first reading; title
read by Clerk; Motion by Mr Wilde that Council Bill 177 be approved on
first reading, ordered published, public hearing be set for Monday
March 18, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect 15 days after final
publication; seconded by Mr Davis; carried 8-0
Item 7
Council Bill 178 - An Ordinance providing for the approval of
a Special Use Permit for a Residential Group Home for Children
on land located at 10001 West 32nd Avenue, City of Wheat
Ridge, County of Jefferson, State of Colorado
(Case No SUP-85-1) (Alex panio, Jr )
Council Bill 178 was introduced by Mr Merkl on first reading; title
read by Clerk; Motion by Mr Merkl that Council Bill 178 be approved on
first reading, ordered published, public hearing be set for Monday March
18, 1985 at 7 30 p m in City Council Chambers, Municipal Bldg , and if
approved on second reading, take effect 15 days after final publication;
seconded by Mr Davis; carried 8-0 Motion by Mr West to have this
Item on April 8, 1985; seconded by Mr Wilde; Failed 2-6 with Mr Wilde
and Mr West voting yes
Item 8
Council Bill 179 - An Ordinance providing for the approval of
rezoning from Residential-One to Hospital-One on land located
at 10001 West 32nd Avenue, City of Wheat Ridge, County of
Jefferson, State of Colorado
(Case WZ-85-2) (Alex Panio, Jr
This item was withdrawn at the applicant's request
Item 9
Council Bill 180 - An Ordinance adopting Standards and Criteria
for the review and approval of Holding Tanks within the City of
Wheat Ridge, and adopting by reference the "Design Criteria for
Wastewater Treatment Works", adopted and published by the
Colorado Department of Health, Water Pollution Control
Division, the "Criteria used in the review of Wastewater
Treatment Facilities" adopted and published by the Colorado
Department of Health, Water Pollution Control Division, and the
"Recommended Standards for Sewage Works", 1978 Edition (Ten
State Standards), adopted and published by the Great
Lakes-Upper Mississippi River Board of State Sanitary
Engineers, and providing a penalty for violation thereof
Council Bill 180 was introduced by Mr. Wilde on first reading; title
read by Clerk; Motion by Mr Wilde that Council Bill 180 be approved on
first reading, ordered published, public hearing be set for Monday
March 18, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect 15 days after final
publication; seconded by Mr Hobbs; carried 8-0
CITY COUNCIL MINUTES February 25, 1985
Page -5-
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 10
Resolution 937 - authorizing the Mayor to sign the
Intergovernmental Agreement entitled Request For Payment and
Certification of use of funds for the expansion and remodel of
the Wheat Ridge Community/Senior Center
Resolution 937 was introduced by Mr Merkl; title read by the Clerk
Motion by Mr Merkl for the adoption of Resolution 937; seconded by Mr
FIasco; carried 7-1 with Mrs Snow voting No
Item 11
Motion regarding bid awards for 1985 fleet replacement
Motion by Mrs Keller to award the following bids for 1985 Fleet
Replacement Police - Operations - 5 Chevrolet patrol vehicles from
Century Chevrolet, Inc. at $11,316 Oq at a total of $56,580 45;
Support Services - 3 Chevrolet Citation compact vehicles from Craig
Chevrolet at $7,099 73 at a total of $21,299 19; Parks & Recreation -
Parks Maintenance - One 3/4 ton Chevrolet 4WD pickup from Luby Chevrolet
at $10,400 91; One Ransomes Rotary mower from Colorado Outdoor Power at
$8,945 00; One I-ton stake from Friendly Ford at $10,298 37; One I-ton
stake from Friendly Ford at $10,790 37 I also move that the above
purchases be charged to account number 57-305-807; seconded by Mr West
Discussion followed Motion by Mr Merkl to amend to remove the I-ton
stake from Friendly Ford; seconded by Mr FIasco; carried 6-2 with Mr
Davis and Mr Wilde voting No Original Motion as amended carried 8-0
Item 12
CONSENT AGENDA
A) Motion to approve the purchase of Unistrut Post
B) Motion to accept the
Enterprise in the amount
property located at 6365
be placed in Account No
Miscellaneous Income
bid offer from A Realty Salvage
of $8,588 for the sale/removal of the
West 35th Avenue, and that the funds
01-580-588; General Fund
C) Motion to award the communication equipment maintenance
contract to Syntonic Technology, at an annual cost of $12,090,
to be charged to various departmental other equipment
maintenance accounts
D) Motion to purchase
Lite Police Equipment
charged to account No
46 armored protective vests from Life
Co , at a total cost of $8,729.42, to be
01-203-730
Motion by Mr Merkl for the approval of the Consent Agenda seconded by
Mr Hobbs; carried 8-0.
CITY COUNCIL MINUTES
February 25, 1985
Page -6-
Item 13
Council Appointments to various Boards and Commissions to fill
expiring terms and vacancies
Lou Longo, 4425 Reed Street; Ray Winger, 4050 Ammons; Vance Kolesar,
3930 Hoyt Ct , all spoke in favor of returning Wayne Preston to the
Planning Commission Lou Longo also spoke in favor of Robert Biddinger
Motion by Mr
Gosik to the
8-0
Merkl to reappoint Dr. Robert Hilsenroth and Dr. Gary
Animal Control Commission; seconded by Mr Hobbs; carried
Motion by Mr Merkl to reappoint Daniel Richardson and to appoint
Alfred Jensen to the Arborist Board; seconded by Mr Hobbs; carried 8-0
Motion by Mr Merkl to reappoint James Reynolds and Karen Watson to the
Board of Adjustment; seconded by Mr. Hobbs carried 8-0
Motion by Mr Merkl to appoint Herb Fightmaster to the Board of
Adjustment; seconded by Mr Hobbs; Failed 3-5 with Councilmembers Merkl,
Davis, Hobbs voting yes
Motion by Mrs Snow to reappoint Claudia Worth to the Board of
Adjustment; seconded by Mrs Keller; carried 5-3 with Councilmembers
Hobbs, Merkl, Davis voting No
Motion by Mr Merkl to reappoint Kenneth Adams and Sam Martin and to
appoint Jeanette Rossillon to the Building Code Advisory Board; seconded
by Mr Davis; carried 8-0
Motion by Mr Merkl to reappoint Willard Myers and James Hellman and to
appoint Louis Fasulo to the Civil Service Commission; seconded by Mr
Hobbs; carried 8-0
Motion by Mr Merkl to reappoint Edgar Johnson, Betty Day, and Sue
Wilson to the Parks Commission: seconded by ~1r Hobbs; carried 8-0
Motion by Mr Merkl to reappoint Bill Thornton and to appoint John E.
Peterson to the Personnel Commission: seconded by Mr Hobbs; carried
8-0
Motion by Mr Merkl to reappoint Wayne Preston and Robert Biddinger to
the Planning Commission; seconded by Mr Davis Mr Wilde asked that
they be separately voted on Motion to reappoint Mr. Biddinger carried
8-0 Motion to reappoint Mr Preston failed 2-6 with Mr Merkl and Mr
Davis voting yes Motion to appoint John Mayhoffer carried 8-0 Motion
by Mr Wilde to appoint Robert Eckhardt; seconded by Mrs Snow; carried
6-2 with Mr Merkl and Mr Davis voting No
Mrs Snow moved to meet at 6 45 P m on March 18, 1985; seconded by Mrs
Keller; failed 4-4 with Councilmembers West, Merkl, FIasco, and Hobbs
voting No
CITY COUNCIL MINUTES
February 25, 1985
Page -7-
CITY ATTORNEY'S MATTERS
Victoria Bunsen discussed a meeting she and Mr Hayes had attended A
matter was brought up by Denver and Aurora regarding Public Service
Company's petition to institute something they call Load Management Cost
Adjustment Clause in Election tariffs. Denver and Aurora would like to
know if Wheat Ridge would like to share the cost with them for attorneys
and fight this Discussion followed Motion by Mr Hobbs to allow City
Administrator and Mayor to communicate with John Hayes and to
participate in an amount not to exceed $1,000; seconded by Mr West;
carried 6-2 with Mr Merkl and Mr Davis voting No
Motion by Mrs Snow to adjourn; seconded by Mr Merkl; carried 8-0.
Meeting adjourned at II 00 P m
jt..t..,"[L?-- /L.L~<.
Wanda Sang, City Clerk'
APPROVED BY CITY COUNCIL ON 3/11/85 by a vote of ~ to 0
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Dan Wilde, President