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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"^-/ ''f~~~1 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