HomeMy WebLinkAbout03/18/1985
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
MARCH 18, 1985
The City Council Meeting was called to order by the Mayor at 7 30 p m
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; City Attorney,
John Hayes; Director of Community Development, Charles Stromberg; Chief
of Police, Howard Jaquay; staff; and interested citizens
APPROVAL OF MINUTES of March 11,1985
Motion by Mr Wilde for the approval of the Minutes of March 11, 1985;
seconded by Mr FIasco; carried 8-0
CITIZENS' RIGHTS TO SPEAK
Ted Kush, 4000 Newman, asked when Lena Gulch, Phase III would start;
will Maple Grove Reservoir create any problems with Lena Gulch Mayor
Stites replied that Maple Grove would create no problems whatsoever with
Lena Gulch construction and that Phase III and IV would start probably
in 30 days
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
A) Council Bill 175 - An Ordinance repealing and reenacting
Section 18-50, Direct Alarms Prohibited, of the Code of Laws of
the City of Wheat Ridge to provide for the allowable use of
Direct Alarms for certain specified facilities
B) Resolution 938 - A Resolution reaffirming the policy of
cooperation between the City of Wheat Ridge and the Wheat Ridge
Fire Protection District in the monitoring by the City of Wheat
Ridge of Direct Fire Alarms in those instances, and for those
facilities, excepted by Council Bill 175
Council Bill 175 was introduced on second reading by Mr West; title
read by the Clerk Tom Stegbauer, 4125 Yarrow Ct , was sworn in by the
Mayor and spoke in support of this Ordinance Also sworn in by the
Mayor was Tom Woodford, 3645 Moore Street, who spoke on behalf of the
Wheat Ridge Fire Protection District, and gave a brief background on
this matter and also asked for approval of Ordinance
Mr FIasco asked to abstain from voting on this matter because he is on
the Wheat Ridge Fire Board; carried 7-0 with Mr FIasco abstaining
Motion by Mr West that Council Bill 175 (Ordinance 611) be approved;
seconded by Mr Merkl Motion by Mrs Keller to amend that under
Section 1 the word "SCHOOLS" be added so that the sentence reads
"except for nursing homes, day care centers, hospitals, schools, or
treatment centers "and secondly that we include "State or City
regulation" so that the sentence read" federal, state or city
regulation, law, or ordinance "; seconded by Mr West; carried 7-0
with Mr FIasco abstaining Motion as amended carried 7-0 with Mr
FIasco abstaining
CITY COUNCIL MINUTES
March 18, 1985
Page -2-
B) Resolution 938 was introduced by Mr West; title read by the Clerk
Motion by Mr West for the adoption of Resolution 938; seconded by Mr
Merkl; carried 7-0 with Mr FIasco abstaining
Item 2
Council Bill 178 - An Ordinance providing for the approval of a
Special Use Permit for a Residential Group Home for Childven 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; title read by the Clerk
City Attorney Hayes introduced applicants' exhibits A and B He also
introduced 3 separate packets from the protestants Exhibit III (42
petitions in opposition to the proposed SUP; Exhibit I - marked legal
protest with 9 signatures; Exhibit II - Notice of Protest Mr Hobbs
submitted letters he had received, into the record marked as Council
Submissions Mr Stromberg presented the staff report; entered
documents into the record; showed slides and overhead transparencies
Speaking in favor of the application and sworn in by the Mayor were
Maurice Fox, attorney for the applicant; Gary Davis, 10147 N Freemont
Place, father of a teenager who had been treated by applicant; James
Holyfield, 1043 St Paul Street, Denver, Colorado Dept of Health;
Alvina Mabry, 1839 Mt. Zion Drive, Golden, teacher at the presently
licensed facility owned by the applicant; William Jarvis, 7563 Sourdough
Drive, father of a teenager who was treated by applicant Mr Fox
entered Exhibit D showing the site as it currently is and pointed out
the six foot fence that surrounds the property; the sufficient parking
spaces; showed an overhead aerial of the site; pointed out the privacy
of the property
Speaking in opposition and sworn in by the Mayor were Lary Lawler,
12410 W 31st Ave, attorney for the opposition; Charles Kimball, 10628
W 31st Place, attorney, representing some property owners in the area;
Bill Powers, 14 Hillside Drive, Coy Watson, 10004 W 30th Ave , Anita
Hansen, 10280 W 33rd Ave , Bernadine Moore, 10024 W 30th Ave, Ross
Westover, 9965 W 34th Drive, Woody Norman, 37 Hillside Drive, DOUgyas
Schuler, 10370 W 33rd Ave, Michael sipes, 2065 Miller Street, Betty
Woods, 16 Skyline Drive, Terri Forcade, 32 Skyline Drive, Kirk Forcade,
32 Skyline Drive, Dr Charles Zarlengo, 50 Hillside Drive, Louise
Turner, 11256 W 38th Avenue Their concerns included a business in a
residential neighborhood; property values dropping; concern for their
children; close proximity to four schools; quantity of outpatients;
drugs in the neighborhood
Mr Fox spoke in rebuttal and then answered Council's questions and
concerns which included possible selling of drugs to passing high
school students; how many occupants would be in residence; will Jeff Co
Social Services supervise this facility; will they be allowed to make
placements in this facility; the number of teachers; does Blue Cross and
Blue Shield pay any percentage of the payments; who makes the
determination when the treatment is completed; what kind of social
CITY COUNCIL MINUTES
March lA, 1985
Page -3-
activity is at the center; what are the school hours; have there been
any complaints about children getting out and meeting students from
junior high schools and giving them drugs; does Dr Panio keep a close
control on the children
Motion by Mr Merkl that Case No SUP-85-1, a request for a Special Use
Permit for a Residential Group Home for children on property located at
10001 W 32nd Avenue, be approved for the following reasons I The
proposed facility conforms with all the requirements of the Special Use
Permit in the Residential-One Zone District 2 The request is
compatible with adjacent land uses and zoning if used in conformance
with the submitted site plan and specifically for those uses the
applicant has indicated With the following conditions 1 The capacity
of the group home to be limited as stated in the application for a
maximum of 20 adolescents between the ages of 13 and 18 2 The
Special Use Permit be conditined upon the site plan that has been
presented 3 That this Special Use Permit be issued Personal
Development Adolescent Care Unit, Dr to Alex panio, Jr , owner, only
and if there is a change in use or a change in ownership the Special Use
Permit would terminate; seconded by Mr Davis Mrs Snow asked that Mr
Merkl add 3 That the proposed Group Home will not have an adverse
effect on the neighborhood Mr Merkl and second accepted Mrs Snow
continued that under conditions be added 4 Parents Groups will
continue on an off-site location Mr Merkl and second accepted that
Mrs Snow asked to add 5 There will be no exterior signs showing it is
a treatment center on the property except for the address Mr Merkl and
second accepted Mr Merkl added at Mr Hobb's request 6 All
requirements of the Wheat Ridge Fire District be met Second accepted
Mrs Keller stated she would be voting No because the homeowners in the
neighborhood have the right to say what they want or not want in their
neighborhood Mr West will be voting no because the change will be a
blight on the community that a home of this size would invite
lawbreakers and could invite drug traffic and could have an adverse
effect on close-by schools; will have an adverse effect on the
residential character and quality of life in the neighborhood near the
location; has no social or economic value to the community; property
owners should be able to rely that expected use categories will be
maintained to protect homeowners-that they have a right to have peace of
mind, and that their property values be preserved by excluding damaging
intrusions for profit; R-l zoning is the highest residential and most
restrictive in the City It specifies that it is intended for single
family use; that this group home is maintained for substantial profit to
the operator; is fundamentally a business use of land and house rather
than for normal single family usage; does not conform to the
Comprehensive Plan Mr Wilde will be voting no because he is not
convinced that Jefferson Social Services will be supervising this
activity If they do, they require at least one placement be made and
they also have some control over the cost of the entry; it will
encourage special use requests and zoning changes in the immediate area;
it could have an adverse effect on property values and citizens have a
right to preserve the values they bought their homes for; the nature of
the proposed use is not compatible Mr Hobbs will be voting No because
there have been 528 signatures against; this could be taken to a
CITY COUNCIL MIN~S __March 18, 1985
Pc..".--' -4-
referendum; the people have made clear their wishes; it would
deteriorate the property values; the access in and out of the school
Motion as amended Failed 4-4 with Councilmembers Merkl, Davis, FIasco,
and Snow voting yes
Item 3
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 substituted by a Council Bill brought in by City
Attorney, John Hayes, titled An 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, and providing a penalty for violation thereof This substitute
Council Bill 180 was introduced by Mr Wilde; title read by the Clerk
Speaking in opposition and sworn in by the Mayor was Connie Rossillon,
6505 W 3lst Avenue, who questioned whether or not holding tanks were
"fail safe" and gave various examples of other supposedly "fail safe"
instances Motion by Mr Wilde for adoption of Council Bill 180
(Ordinance 612) on second reading; seconded by Mr FIasco; carried 8-0
After discussion Mrs Snow requested that another vote be taken Council
was repolled on Mr Wilde's motion - carried 7-1 with Mrs Snow voting
No
Motion by
entirety;
voting No
Item 4
Mr Wilde to go past II 00 P m and continue the agenda in its
seconded by Mr Hobbs; carried 6-2 with Mr West and Mr Davis
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)
Council Bill 177 was introduced
read by the Clerk; Ordinance No
staff report and showed slides
in by the Mayor
on second reading by Mr Wilde; title
613 assigned Mr Stromberg gave the
Daniel Schneider, applicant, was sworn
'-
CITY COUNCIL MINUTES
March 18, 1985
Page -5-
Motion by Mr Wilde that Council Bill 177 (Ordinance 613) be approved
for the following reasons I 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 The proposed zoning
would be compatible with adjacent zoning and land use 3 As proposed,
the property would contain 4 units on 6 acres, which computes to 6.6
dwelling units per acre which is consistent with the Comprehensive Plan
4 There are no objections from the neighbors With the following
conditions I A drainage plan be submitted and approved by Public
Works 2 That a Development Agreement or Escrow be required for curb,
gutter, and sidewalk; seconded by Mr West; carried 8-0
Item 5
Council Bill 181 - An Ordinance to dispose of a municipally
owned building by accepting the highest stated bid, which bid
will, if awarded, result in the sale and removal of a house,
owned by the City of Wheat Ridge, located at 6365 West 35th
Avenue
Council Bill 181 was introduced on second reading by Mrs Snow; title
read by the Clerk; Ordinance No 614 assigned Motion by Mrs Snow for
the adoption of Council Bill 181 (Ordinance 614) on second reading and
that it take effect 1 day after final publication; seconded by Mrs
Keller; carried 8-0
Item 6
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 on second reading by Mrs Snow; title
read by the Clerk; Ordinance No 615 assigned Mr Stromberg gave the
staff report and showed overhead transparencies and slides Speaking in
favor of the Ordinance and sworn in by the Mayor were Gordon Harward,
7801 W 39th Ave, Peter Wells, 474 Adams St , William Lundell, 7373 W
Jefferson, George Johnston, from Kunz Construction Company Also sworn
in was Albert Anderson, attorney, representing opposition to the
Ordinance Evelyn Pretro, 3890 Zephyr Dr , spoke in reference to the
problems concerning the project Discussion followed Motion by Mrs
Snow for approval of Ordinance 615 with the following conditions 1 A
light be installed at the south end of the property 2 That a wall or
fence and a berm at the north end of the property be placed on the plan
so that there will be no traffic through that area 3 That a fire zone
be created and maintained 4 That plans for curb, gutter, and
sidewalks be approved prior to Certificate of Occupancy 5 That 75 per
unit assessment be recommended by Parks and Recreation be approved 6
Building footprint be changed so that there are 5,000 square feet less
than proposed plan That there be a minimum of a 72 foot turnaround,
that if possible the north side of the two new buildings be one story
only; seconded by Mr FIasco Discussion followed Motion by Mr Merkl
CITY COUNCIL MINUTES
March 18, 1985
Page -6-
to amend to remove condition 6; seconded by Mr Davis; carried 5-3 with
Mr West, Mr FIasco, and Mrs Snow voting No Motion by Mr Merkl that
a fence at the north end of the property be worked out by the developer
so that there will be no traffic through the area and that there be no
parking on West 39th Avenue, but that a locked gate be installed for
fire access only and that a berm be installed on the north end but not
in such a way to cut off fire access to the property; seconded by Mr
Wilde; carried 5-3 with Mr West, Mr Davis and Mrs Keller voting No;
motion as amended carried 6-2 with Mr Hobbs and Mr Davis voting No
ORDINANCES ON FIRST READING
Item 7 Council Bill 182 - An Ordinance providing for the approval of a
Special Use Permit to allow Major Motor Vehicle Repair in a
Commercial-One Zone District on land located at 7050 West 38th
Avenue, City of Wheat Ridge, County of Jefferson, State of
Colorado
(Case No SUP-85-3) (Dave Flageolle)
Council Bill 182 was introduced by Mr Merkl on first reading; title
read by the Clerk; Motion by Mr Merkl that Council Bill 182 be approved
on first reading, ordered published, public hearing to be set for Monday,
April 22, 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 Wilde; carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 8
Motion that the contract for Water Main Extensions in the
Southeast Wheat Ridge Water District be awarded to Taylor
Excavating in the amount of their bid of $246,460 00
Motion by Mr Davis that the Water Main Extension in the Southeast
Wheat Ridge Water District be awarded to Taylor Excavating in the amount
of their bid of $246,460 00; seconded by Mr Merkl; carried 7-1 with
Mrs Snow voting No
Item 9
Motion by Mr Hobbs that we award the contract for Schedule II
of the 39th & Upham Drainage Project to Wycon Construction Co
in the amount of their bid of $347,432 25 plus a 15%
contingency; and that the Director of Public Works be
authorized to sign change orders up to a total of $399,547, 00
for this project and this to be charged to Account No
31-302-834 I further move we approve a force account of
$10,000 00 for work by others necessary for this project and
this to be charged to Account No 31-302-838; seconded by Mr
Wilde; Discussion followed Carried 8-0
CITY COUNCIL MINUTES
March 18, 1985
Page -7-
Item 10
Motion that the May 27, 1985 (Memorial Day) City Council
Meeting be a) cancelled
b) held on May 20, 1985
Motion that the June lO, 1985 Meeting be held on June 17, 1985
(CML Meeting)
Motion by Mrs Keller that the May 27 meeting be held on May 20 due
to Memorial Day, and that the June 10 meeting be held on June 17 due
to CML meeting; seconded by Mr Hobbs; carried 7-1 with Mr Davis voting
No
Motion by Mr Hobbs for adjournment; seconded by Mr Davis; failed 2-6
with Mr Hobbs and Mr Davis voting yes
CITY ADMINISTRATOR'S MATTERS
Mr Palmer stated that Consolidated Mutual has completed their work
CITY ATTORNEY'S MATTERS
Mr Hayes stated that he had reviewed House Bill 1360 and agrees with
CML analysis and felt it would be in the City of Wheat Ridge's best
interest if the Bill not be passed
Mr Hayes noted that the negotiations on the project at 35th and
Wadsworth are proceeding very well
Diaz Lawsuit; Mr. Hayes stated that after reviewing the record the City
of Wheat Ridge has a defensible position Mr Hayes asked Council if
they want to re-hear the case or take the case to court; consensus to
take the case to court was 7-1 with Mrs Snow voting No
The Lawsuit on Anne Kampf went to court on Harch 19, 1985
ELECTED OFFICIALS' MATTERS
Motion by Mr West that Sellers & Grigg be hired by the City to prepare
necessary legal descriptions of properties required for 44th Avenue
Schedule II right-of-way with cost not to exceed $6,000 00 charged to
project Account No 31-303-853; seconded by Mr Wilde; carried 6-2 with
Mr Hobbs and Mr FIasco voting No
Mr Merkl addressed the meeting with staff and Pace Motion by Mr
Merkl that the Council authorize the Mayor to sign a rezoning
application for the area in the proposed expansion area of the Kipling
Urban Renewal Area The rezoning area is proposed for C-2 with the
conditiond to allow all C-l uses plus a combined retail/wholesale use
and is bounded by 49th Avenue on the south, Miller St on the West, the
Public Service right-of-way on the north, and Kipling on the east
Staff is instructed to advertise for a Planning Commission hearing on
April II to set a first reading for Council April 22, 1985 If the
proposed
CITY COUNCIL MINUTES
t1arch 18,1985
Page -8-
proposed economic development project is not set by the time of the City
Council public hearing the case will be continued or withdrawn; seconded
by Mr FIasco; Discussion followed; Mr Davis called for question;
seconded by Mr FIasco; carried 7-1 with Mrs Keller voting No; vote on
motion carried 8-0
Motion by Mr FIasco to recind previous substitute motion on Agenda Item
7B by Councilman FIasco on March II, 1985, to transfer $20,000.00 from
Capital Improvement to General Fund Further Motion by Mr FIasco to
transfer $8,000 00 from allocated funds Account No 01-610-795 to
Account No 01-302-610 for overtime pay, an additional $12,000 00 from
allocated funds to Account No 01-610-795 to Account No 01-302-617 for
temporary personnel Mr FIasco further moved to transfer $20,000 00
from Capital Improvement fund Account No 31-302-833 to Account No
31-302-795 unallocated Expenditure from Capital Improvement
unallocated fund requires Council approval; seconded by Mr Hobbs;
carried 8-0
Mayor Stites stated that the bids on Lena Gulch were opened and that they
came in considerably under what they were estimated along with
acquisition of properties will have between $200,000 00 and $300,000 00;
wants to go through Mrs Williams property to other edge of property, so
that there can be a total clean up of her property Motion by Mr Hobbs
to take project-Schedule IV up to and include West boundary of Ernestine
Williams property and to include part of Schedule V; seconded by Mr
Merkl; carried 6-2 with Mr West and Mrs Keller voting No
ADJOURNMENT
Motion by Mrs Snow to adjourn; seconded by Mr Davis; carried 6-2 with
Mr West and Mr Merkl voting No
Meeting adjourned at 1 00 a m
~zt-?t~ ~t<;~
Wanda Sang, Cior Clerk
APPROVED BY CITY COUNCIL ON 4/8/85 by a vote of b to I
Ku..t"^-/
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A\ '111/
v<.Y d.- v,_~ "v ~i.:-,-
Dan Wilde, President
ADDITION TO
CITY COUNCIL MINUTES
March 18, 1985
Page -9-
At the City Council Meeting of April 8, 1985, Council approved the
Minutes of March 18, 1985 by a vote of 6-1, with Mr Hobbs voting No,
and Mrs Keller abstaining They also requested that Mrs Snow's
reasons for voting yes on Item 2 be made part of the minutes in the form
of an addition
Mrs Snow stated she would be voting yes for the following reasons
1 There has been much evidence from both side of the alcohol and drug
problems in this community and the need for this kind of a facility
2 The amount of money generated is not a factor Few people will take
in children not their own unless there is a financial incentive
Furthermore, financial enterprises of many sorts are permitted in all
residential areas of the City under the home occupation ordinance
3 The issue is whether it will negatively impact the neighborhood and
families in the neighborhood, and I really believe that it will not
This group home would continue to look like an expensive home The
residents are rarely allowed out They do not go to public school The
department licensing them has said they are more tightly supervised than
he has ever seen Evidence shows that the facility run in the eastern
end of the City run by the same people has been well run and created no
negative impact
4 I believe this facility with 20 children will create less traffic
problems for the neighborhood than the previous school on the site
5 The issue is not one of bringing a new facility of
the City, it is whether a facility, successfully run,
area to another, from a smaller to a larger location
in one location, there is no reason to think it would
another
this kind into
can move from one
If it is well run
not be well run in