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HomeMy WebLinkAbout08/13/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO August 13, 1979 The August 13, 1979 Regular City Council Meeting was convened by Mayor Phillips at 7 35 P m Councilmembers present Mary Jo Cavarra, Joseph M Donaldson, Anthony N Flasco, Gary Lewman, Louise F Turner (arrived at 7 40 pm) and Ray C Pepe Also present City Clerk Carol F Hampf, City Treasurer James Malone, City Administrator John Jerman, City Attorney Ed Lambert, Department Heads Rich Bredt, Douglas Hilyard, Ed Pinson, Charles Stromberg, staff and interested citizens APPROVAL OF MINUTES MOTION by Mr Donaldson to approve the Minutes of July 30 and August 6, 1979, seconded by Mrs Cavarra, carried 5-0 PUBL I C COM~1ENT Nancy Snow, 11155 West 40th Avenue, stated that she had asked for information from Personnel and was told she could not have it She asked Mr Lambert to look into what information is open record Mr Oliver Leavitt, 3255 Newland Street, spoke requesting what information had been received from Coors about the drainage from the irrigation ditch No answer has been received by the City as yet but he will be informed as soon as we receive an answer PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Ordinance No 340 - deferred until later in the evening pending some negotiating discussion Ordinance No 346 - Amending Ordinance No 289, Series of 1979, of The Code of The City of Wheat Ridge, Colorado, by the addition of Section 12-4 Ordinance was introduced by Mr Lewman and the title read by the Clerk (parking, storage, use of trucks and recreational equipment) Kay Orr, 10565 West 46th Avenue, Dale Schlinger, 5110 Simms Place, Charles Jones, 4560 Allison, Hank Seipp, 10850 West 41st Avenue, Dorothy Thompson, 3014 Chase -- spoke in opposition Janice Thompson, 12290 W 42nd Avenue, James Larter, 3462 Moore Court, Linda Clark, 11305 West 44th Avenue, Claudia Worth, 4650 Oak Street -- spoke in favor of adopting the Ordinance Louis Janeczek, 3019 Chase, asked if this Ordinance would preclude parking on private property This Ordinance only refers to parking in the public right-of-way MOTION by Mr Donaldson to Table the Ordinance for thirty days for further study, seconded by Mr Lew- man, failed 1-5 with Mrs Cavarra, Mr Flasco, Mr Pepe, Mr Lewman and Mrs Turner voting NO since it had already been studied for some time AMENDED MOTION to adopt Ordinance No 346 on Second Reading with the following Amend- ments 1) to change the weight limit in Paragraph a to 9000 pounds and to have the temporary permits (referred to in Paragraphs a and b issued by the Police Department rather than the Director of Public Works, 2) to insert the word "van" after the word "trucks" in Paragraph a, 3) to include the 9000 pound weight limit in Paragraphs b, d and e, ORIGINAL MOTION by Mr Lewman, seconded by Mrs Cavarra, Amendment 1) by Mrs Cavarra, seconded by Mr Flasco, carried 6-0 Amendment 2) by Mr Flasco, seconded by Mrs Cavarra, carried 5-1 with Mr Pepe voting NO Amendment 3) by Mrs Turner, seconded by Mr Lewman, carried 5-1 with Mr Pepe voting NO MOTION to amend by Mrs Turner (1) Delete Paragraph b, (2) Add weight or length requirements to d and (3) Delete Paragraph e -- seconded by Mr Pepe, failed 1-5 with Councilmembers Cavarra, Flasco, Donaldson, Pepe and Lewman voting NO ORIGINAL MOTION AS AMENDED carried 6-0 Item 2 = >, +-> I- W o..~ o 0'\ 1-" 0.. ____ o WN .s::: ____ +-> 00 '+-C o 0 +-> +-> V) u o W U l- I- W 0 .s::: U +-> CITY COUNCIL MINUTES August 13, 1979 -Page 2- Item 1 Motion to Remove from Table Ordinance No 340 - Providing for the approval of Rezoning from Residential-Two (R-2) to Planned Commercial Development (PCD) and approval of an Outline Development Plan for land located at approxi- mately the Northwest corner of West 35th Avenue and Wadsworth Boulde- vard, City of Wheat Ridge, County of Jefferson, State of Colorado (Case WZ-78-119) MOTION by Mr Lewman to remove Ordinance No 340 from the Table, W '+-+-> seconded by Mrs Cavarra, carried 6-0 Mr Stromberg presented a letter from o ::l - c Johnnie Harper addressed to the Planning Commission and City Council asking 3"~ W~ that the case be withdrawn since the number of apartments allowed by Council ";: W make the prQPosa 1 economi ca lly unfeas i b 1 e~ A E Anderson, Attorney for the c~ ~ applicant, stated that since there was nothing further that could be negotiated, ;-- also asked to withdraw MOTION by Mr Pepe that Case No WZ-78-119 be with- drawn, seconded by Mr Donaldson, carried 6-0 Item 3 Ordinance No 347 - Amending the Code of the City of Wheat Ridge, Colorado, by codifying Ordinances Numbered 249, 253, 255, 263, 264,265,266,267,268,272, 275,280,283,286,287,288, 293, 294, 295, 299, 300, 301, 302, 303, 304, 306, 309, 310, 311, 312, 313, 314, 315, and 316 of the City of Wheat Ridge, and incorporating said Ordinances into the Code of The City of Wheat Ridge, Colorado Ordinance was introduced by Mr Donaldson and the Title read by the Clerk MOTION by Mr Donaldson to adopt Ordinance No 347 on Second Reading and that it be published, seconded by Mrs Turner, carried 6-0 Item 4 Approval of Final Development Plan--Stage II for Kipling 5000 Ltd , located at the Northeast Corner of West 49th Avenue (Case No WZ-79-5) (Robert Williams) Mr Gidley gave staff report and the Mayor accepted the exhibits offered Bob Williams, 9995 West 49th Avenue, applicant, stated they had (as previously requested) increased the ratio of Office space There was no one in opposition MOTIONbyMr Pepe "I move that Case WZ-79-5, a request by Kipling 5000 for approval of a Final Development Plan--Stage II, be approved for the following reasons 1 The requirements for publishing, posting and notification have been met, 2 Planning Commission has approved the "Kipling 5000" Final Development Plan-Stage lIon July 12, 1979, 3 The Final Development Plan is con s i s ten twit h the ace e p t e d P yel i m i n a r y De vel 0 pm en t P 1 ani n a 11 respects except that Lots 2 and 3 have been combined into a single Lot 2, 4 All requirements of the Zoning Ordinance and the Sub- division Regulations have been met, 5 The changes suggested by Council and accepted by the applicant be included (1 The amount of office space be a minimum of 20%, 2 That "DATA No 5, Use" be changed from "warehouse space" to "warehouse/office space", 3 That the individual office signs be no larger than 1 ft by 2 ft ) -- seconded by Mr Donaldson, carri ed 6-0 Item 5 Approval of Richter Final Development Plan, located at 13001 West 32nd Avenue (Case No WZ-78-14) (Dwaine Richter) Mr Gidley gave staff report, introduced exhibits and gave a short history of the case Mr Lambert stated that the purpose of this hearing was to approve or not approve the Final Development Plan Dwaine Richter, 2860 Berry Lane, Golden, applicant, introduced two photos depicting the type of building to be built (Applicant Exhibit-1 showing the exterior and Applicant Exhibit-2 showing the interior) William Baldry, 14083 West 22nd Avenue, Golden, indicated that the changes to the Plan since the Pre- liminary Development Plan Hearing at City Council were 1 Add the words "Stage I", to the drawing, 2 the walkup window and landscaped area, 3 the addition of ten feet to the front of the building area where a patio had previously been The State Highway Department has given them the right to landscape out to the roadway, giving additional open space Robert Lee Kessler, 1421 Court Place, Attorney, asked that if the Outline Development Plan were not in the case file, to have it included in the case He called Mr Gidley, of the Planning Staff regarding the compatibility of the architecture with the neighborhood Phillip A Less, Attorney, 8795 Ralston Road, Arvada, representing the Applewood Homeowners Association, cross- e~amiredMr Baldry, Mr Gidley and Mr Richter on their testimony Mr Less introduced Opponents Exhibits 1 thru 12 (1 January 22, 1979 Public Hearing notice, 2 March lOth letter from Mr Richter, 3 April 5th notice of City CITY COUNCIL MINUTES August 13, 1979 Page -3- Council Hearing, 4 June 8th Notice of Hearing before the Planning Commission, 5 August 2nd letter of Notification of this Hearing, 6 City Council Minutes of January 29, 1979, 7 March 19th City Council Minutes, 8 April 16th City Council Minutes, 9 June 21st Planning Commission Minutes, 10 June 21st Resolution from the Planning Commission, 11 June 15th Staff Report to the Planning Commission, 12 Staff Report for City Council Meeting this evening) These items were admitted by Mr Lambert SUbject to being matters relevant to tonight's issue Michael Mabee, 3278 Zinnia Ct , Golden, spoke in opposition Mr Kessler cross-examined Mr Mabee MOTION by Mr Lewman that Case No WZ-78-14, a request for approval of the Final Development Plan - Stage I for the Richter Planned Commercial Development be approved subject to the condition that the sidewalk between the walk-up protection and the building be provided and that the western boundary of the walk-up protection remain unchanged, for the following reasons 1 Requirements for publishing, posting and notification have been met, 2 The Final Development Plan has been modi- fied according to recommendation of the Planning Commission to show a Pedestrian protection area, 3 All requirements of the Zoning Ordinance and Subdivision Regulations have been met 4 Final Plan is consistent with the Preliminary Development Plan a) the drive-in window was eliminated and all the accompanying noise and pollution problems, b) the additional landscaping is consistent as it provides a buffer to pedestrians using the walk-up window, c) the additional interior seating to accomodate additional patrons who will not be driving up using the drive-in facility is not a significant difference 5 The walk-up window was not specifically disapproved at a prior hearing The motion that failed on a 3-3 vote was specifically aimed approving a drive-in window until such time events occurred and it would be replaced by a walk-up window 6 Find that the recommendation of staff and Planning Commission were properly incorporated into the Final Plan after a Public Hearing and testimony, seconded by Mr Donaldson, carried 5-1, with Mr Flasco voting NO since he felt the changes asked for constituted a considerable change Item 6 Ordinance No 345 - Providing for the approval of Rezoning from Agriculture-One (A-I) to Restricted-Commercial-One (RC-1) for land located at 11590 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case #WZ-79-3) Change of Land Use classification from Low Density Residential and Parks & Recreation to Neighborhood/Commercial (Case #WPA-79-1) Mr Lambert indicated to Council that their previous policy of stating, in the findings of zoning cases, that the Comprehensive Plan was in error, is a satisfactory procedure, but that the Comprehensive Plan Change Hearing would also be satisfactory MOTION by Mrs Cavarra to hear the zoning case and to hold to previously established procedures, seconded by Mrs Turner, carried 6-0 Ordinance was introduced by Mr Pepe, the title read by the Clerk Mr Stromberg gave Staff Report and exhibits were accepted by the Mayor David Heimbecker, applicant, 11005 Ralston Road, Arvada, who has a contract to purchase the property, subject to the rezoning, stated they planned to build a 2-office building complex Don Jerrett, 10370 West 34th Avenue, current land owner, spoke that the offices would not increase the traffic to any great extent Janice Thompson, 12290 West 42nd Avenue, spoke in opposition and entered two petitions -- one with 13 names, as Opponent's Exhibit No 1 -- and a petition with three names, as Opponent's Exhibit No 2 Linda Clark, 11305 West 44th Avenue, also spoke in opposition to commercial development in a residential area Council concerns were the traffic addition to 44th and the building of commercial property in a residential area MOTION by Mr Lewman that Ordinance No 345 be defeated for the following reasons 1 Zoning would constitute a violation of the Comprehensive Plan 2 Evidence presented tonight indicates that buildings that comply with the Comprehensive Plan can and are being built in simi- larly situated property along this Avenue 3 Three sides of the property are currently Agricultural-I, the North, South and West and a major part of the 4th Side to the East is also Agricultural-I 4 No physical condition makes Development in low density residential impossible or impractical in that properties in near proximity to lakes are desireable places to locate Seconded by Mr Flasco, carried 5-1 with Mr Pepe voting NO since there is Restricted- Commercial to North and East and West is Commercial Use CITY COUNCIL MINUTES August 13, 1979 DECISIONS, RESOLUTIONS AND MOTIONS Page -4- MOTION by Mrs Cavarra to handle the routine matters, Items 13, 14, and 17, and postpone the remainder to next week, seconded by Mrs Turner, carried 6-0 Item 13 Preliminary Hearing on Application for Class G, Hotel and Restaurant Liquor License by Dewey Dutton, Jr for Top's Coffee Shop, 43rd and Wadsworth Boulevard, Wheat Ridge, Colorado MOTION by Mrs Cavarra "I move that a Public Hearing be held on the application by Dewey Dutton, Jr for Tops Coffee Shop Class G Hotel and Restaurant license, Sept 10, 1979 and that the area for the neighborhood survey be set a a I-mile radius", seconded by Mr Donaldson, carried 6-0 Item 14 Award of Bid on traffic signal controllers to be located at West 32nd Avenue and Pierce and West 38th Avenue and Harlan Streets MOTION by Mr Donaldson "I move to award the bid for the supply and installation of traffic signal controllers at West 32nd Avenue and Pierce and West 38th Avenue and Harlan Streets to Accurate Electric, Incorporated at a cost of $10,154 be be charged to account no 19-302-843", seconded by Mr Lewman, carried 6-0 Item 17 Motion to cancel City Council Meeting of September 3, 1979 due to Labor Day Holiday MOTION by Mrs Cavarra that the Study Session for the week of Labor Day, September 3, be cancelled", seconded by Mr Donaldson, carried 6-0 MAYOR'S MATTERS Mayor Phillips informed Council that, through a misunderstanding, (he be- lieved he had approval to hire inspection service) the Street Inspector contract had not previously been brought to Council but was asking for approval MOTION by Mr Lewman "I move that the maximum expendi ture of $10,000 be authorized for inspection services of the 1979 Street Improvement Program and that it be charged to account no 31-303- 800-840" , seconded by Mrs Cavarra, MOTION TO AMEND by Mrs Turner that the expenditure be limited to the amount actually spent as of this date and that as of tomorrow arrangements be made for in-house inspection, seconded by Mr Donaldson, MOTION TO AMEND failed 2-4 with Councilmembers Cavarra, Lew- man, Donaldson and Pepe voting NO ORIGINAL MOTION failed 3-3 with Council- members Flasco, Pepe and Turner voting NO -- Mr Flasco and Mr Pepe stating ~atfueyvoted no because there had been insufficient knowledge of what went on and it is irresponsible spending MOTION by Mrs Turner that Council recommend the Mayor and Administrator contact the Department Head and ask if he is available to return to work tomorrow and take charge of the de- partment freeing Leonard Smith to take over the inspections, seconded by Mr Pepe, carried 4-2 with Councilmembers Cavarra and Lewman voting NO AJOURNMENT Motion to adjourn at 12 45 a m ~L/ l C &d////71(c?/,?, Caro 1 F Hampf, City Cl erk APPROVED ? /?-c'/? q L;lJ-