Loading...
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 If r, \ "-.Y --iL",-~\.-^--~' ....9--..U- '-' Dan Wilde, President