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HomeMy WebLinkAbout04/21/1980 CI~Y COUNCIL iIUU~Eo ---_._----~--~ ~~_~~Q,~,~LliL~~ I D_C r~L-~_Q,I:.~J:!:{.l..D:J ~pri~_Ll ,_~~q,Q 'rne April 21, 19(30 kegular city Louncil fleeting was convened C)y layor Stites at I 30 P m Louncil!Gemoers present Pat Aiello, dill ElO\v;nan, dary Jo Lavarra, Kent l)avis, Ken Le'Nis, Larry Merkl, Kay Ure, and Louise ~urner ~lso oresent Lity LleLk, Carol F Ha~pf; Citv :reasurer, James Malone; Lity Administrator, ':om Palmer; city Attorney, John Ilayes; Department deacJ,s IJUgIl Brown, Leonard ~mith, anti L11arles ~trOillJerq; statf; anrl interested citizens H2PLuVAL OF ,HNUTEb Motion by ir Lewis to approve April 14, 198U; seconded by dr the Yinutes ot tne 1eeting ot Aiello; carrien b-J PUDLIL LUi'li'lLN'~' Uo one was present to speak under Public Comment PUBLIL ;ILA1UNGS AIm OlWlf~AiKEb UN SLCUND RLADI1~G I tern 1 Application oy Inland container Lorporation tor aoproval of a Preliminary Development Plan tor propertv located at SOUO Oa~ otreet (Lase No .JZ-60-3 ) ,'Ir otromberg entered documents into tne recorcl Lomprehensive PIan, Zoning Or:Jinance, c,ubdivision ~egulations, Lase File and Packet Materials, ::,lides and roxhioi ts, and gave a review of the staff comments and reco@mendations Louncil concerlS involved access roads to the area, and the builcHll9 construction Hici1aLcl tiowler, 2::'63 "estchester Drive, !)enver, \-Jas rresentfor tne---- avplicant Ie was aSKed it he had a Power or Attorney; stated tnat he had expected their attorney to be there with one but he was not at this time ~tion by ~rs Lavarra that the 11earill:j ,)e postponed; it the croper documents--n arrive prior to adjournment the hearing will be reconvened, but if the person does not arrive, the hearing oe continueJ to April 2~, lYbO; seconded bv rlr dow~an; carried 8-J ('~'he person did not arrive, the hearing will l)e continued t,o next "eek) I ten 2 Louncil bill No 12 - An urdinance providinq tor tne approval ot a Change ot Zone trom PesiJential-rwo District (H-2) tJ Commercial-une (L-l) on properties which are involved in Zonin} Discrepancy Lase No wZ-7o-4~D, located at 110Y9 W 44th Avenue, 11114 W 44th Avenue, and 4395 Pierson Street, city of ,Jheat xi'lqe, Lounty of Jefferson, ~tate of Lolorado ~~.!::Y~~ explained to Council tnat he felt that the essential question that has to be addressed by ~ity Council is tile val id i ty of ancJ the effect of Ord inance 98 bome at tne cases have been brought about bv a change in a strio on 44th Avenue 200 I .vide tram tne center line to the curb line ~hich brings about the essential question of, if the effect 01 Ordinance 9b was the redrawing of the districts Some Louneil options are 1) to atfirm that Ordinance ~8 is a 1esitimate declaration and determination of the Zoning districts to be aoplieJ to all property in wheat Ridge as ot tne date of that act, regardless of the intent or non-intent to redistrict the property at that time, or, cIfY CUUNcIL MI~UTES April 21, 10,80 Paye -2- 2) that yes, Ordinance 98 was passed, but did not redistrict the City If they declared 98 valid, 8U~ of the discrecpancy matters would no longer exist The discrepancies tllen would be restricted to those errors suusequent to Ordinance 98 Tnis brought out that there had been procedures adopted previously which went back to 194b "lotion bv,lr [1erkl that Items 2 and 3 3 be I'abled 1 week and tnat"next week-a reaffirmation of Urdinance 98 be included on the Agenda; seconded by Mrs Ore; carried 6-2, with Mr Aiello and Mr Lewis voting No Item 3 A Ordinance No 342 - Providing for the approval of a Map Correction from Residential-One A (R-IA) to Planned nesidential Development (PRO) for property located at 4242 Jel1ison, City of ~heat uidge, County of Jefferson, State of Colorado (Case No WZ-78-59D) 3 Ordinance ~o 343 - Providing for the approval ot a Map correction from Residential-Two (R-2) to Residential-0ne (&-1) for property located at bb5U W 33rd Ave, City of ~heat Ridge, County of Jefferson, State of Colorado (Case No ,'1Z-78-87D) C Ordinance No 344 - Providing for the Approval ~t a Map Correction from Residential-One C (R-IC) to Residential-Three (&-3) for property located at 4784 Carr Street, City of Wheat Ridge, County of Jefferson, State ot Colorado (Case '1Z-78-57D) 3 A Ordinance 342 was introduced on second reading by Mr Me~Kl ['Ir Gidley gave the staft comments i'lotion by lr- MerKl that Ordinance No 342 be approved on second reading and ordered published; seconded by Mr Aiel10; carried 8-0 3 C Motion by Mrs Turner that Ordinance 344 be introduced on second read inq and-adopted; secondeci by Mr 11erKl; carried 8-U ORDINA~CES OJ FIRST READING Item 4 Council Bill No 15 - An Ordinance amending Section 27 1, C Schedule of required Off-~treet Parking, of Appendix A, Zoning Ordinance, of the code of the City of ~heat Ridge, Colorado, by the addition of Parking Requirements [or Multi-Unit Elderly Housing Mr Davis requested that he be allowed to abstain from votinql)ecause ot a conflict of interest because of personal development Council approved his abstention 7-U Ordinance was introduced on first reading by Mr Aiello, title read by the ClerK Motion by I'lr Aiellothat Council 8il1 Uo 15 be approved on first reading and ordered published; that a Public Hearing be set tor Monday, May 12, 19dU, at 7 30 P m in City Council Cha~bers, ~uni~ipal Building; and if approved on second reading, take effect 15 days after tinal publication; seconded by Mr Lewis Motion carried 7 in favor and Mr Davis abstention Failed Motion to amend by Mrs ~urner that a statement of limitations be added; that nothing contained in the ordinance shal1 be construed as other than a limitation of parking spaces; seconded by ~rs Cavarra; failed 2 in favor,S against; Mr Bowman, Mr Aiel1o, qr Lewis, Mr Merkl and Nrs Ore, and ~r Davis abstaining Mrs Cavarra asked that upon second readinlj staft prepare an amendment which would contain 1) a definition of l'lulti-Unit Elderly Housing and 2) Definition of per dwelling unit and 3) that the number be adjusted tor s~ many per one-bedroom-unit pIus additional for additional bedrooms and that this amendment be included in the packet ~ITY LOU~CIL MINUTES April 21, 1980 Page -3- Motion to Meset Public Uearing tor Discrepancy Case No ,JZ-7(j-b9D Item ::> Ordinance No 334 - provioing for th~ ~pproval at Rezonin] from R~sidential-lhree (R-3) anj Commercial-0ne (c-l) to Commercial-One (C-l) for property located at 3(j25 pierce, City of Wheat Ridge, County ot Jefferson, State of Colorado urdinance No 335 - providin1 for the Approval of Rezoning from Residential-Three (R-3) and commercial-One (C-l) to Commercial-0ne (e-l) for Property located 3820 Quay, City of Wheat Ridge, County ot Jefferson, State of Colorado urdinance No 336 - Providing for the approval of Rezoning from Residential-Three (R-3) and Lommercial-One (c-l) to Commercial-One (C-l) for property located at 3833 Quay, City of Wheat Ridge, County of Jefferson, State of Colorado urdinance No 337 - Providing for the Approval of Rezoning from Residential-Three (B-3) and Lommercial-One (C-l) to Lommercial-0ne (C-l) for property 10cated at 3U34 Reed, City of ~heat rtidqe, county of Jefferson, ;:otate of Colorado No Action was taken on Item 5 because of the actions taken at Item 2 Item to be on the \genda next week DECI::'I~~S, RE;:,ULUJIONS .!-AND !"lUTIONS Item 6 ~resentation at Annual Audit by Arthur Young & Co ~arl Mackey, 2615 ua}, La~ewood, and Kim Anderson, 6964 S Pontiac court, Denver, were present from Arthur Young & Co to discuss the audit ann ansv,er any questions Questions concerned baCkup disc storage for the computer; guidance and poI icy for investments; handling at days receipts in departments other than the treasury; anJ the fixed asset discrepancy Motion l,y -.lr Lewis that Litv Louncil accept, adopt and wil1 execute all of the suggestions; seconded by Mrs Lavarra; carried (j-Q It was asked that staft report back, either veroal or written, on the salutions Item 7 Approval of ~hange of Stockholiers for Lost Knight Lounge, 3270 Youngtield, ~heat Ridge Mr Duane ::'ani, Mr Darrell ~and and their Attorney, Jay Col~, were oresent and sworn in Ilr Dc'lrrell San:.] was- asKed if he had ever been convicten of a felony He responded No Motion by Mr Davis that the application for a Cllanlje in stockholders for Lost Kni9ht Lountje, Inc , 3270 Younqfieli, 'i'11eat HiJge, CO, be approved tor the tol10winq stocJ-cholder apportiol1l1ent Duane F Sand, 3830 Oa~ St , ~heat Hidge, CO 33 34% Joel A Sand, Lando, North Dakota 22 22~ Donal,'] J Sane'], Cando, lJorth Dakota 22 22% Darrell A Sand, Sr , 6039 Jinona ct , Denver, 22 22% secundei by Mr Bowman; carried 8-0 Item 8 Appr~val at Lhange of corporate Officers for Times Square Liquors, 421b Ii\!ads\vorth Blvd, \,'i'heat Rid'Je 'lr Gott.vald and ~lr Lazichi were present ann '"ere swor:1 in rhey were asked if they had either one ever been convicted at a felony Thev said No ~r Hayes, City Attorney, asked the applicants if they were aware at the unpaid Sales ~ax rhey said yes, it was to be paid by the ,resent owner out of the proceeds from the sale of t11e property Hr Ha.f2s then CITY LUUNCIL rlI~UTES April 21, 1980 Page -4- aSKej them if they realizej that it the tax was not paid it would oecome a lien on the property and they said yes Notion by ~r Davis to aeprove the Transfer of Ownership for Time Square 1iluors, located at 4216 ~adsworth Boulevard, ~heat Rijge, Colorado and the acceptance of Kenneth Francis GottwalJ and Chester Richard Lazicki as Co-partners at this establishment; seconded by Mr Aiel1o; carried 3-0 Item 9 Approval of Street I~pruvement Proqram and authorize staff to go to aid (Continued from 4/14/80) Motion by Mr Bowman that we send the Street I~provement proqram out for bids; seconded by Mr Aiel1o; Council concerns involved a leeway to substitute streets within the program; the gravel streets, if they are to qo to Planninq Commission; the width of the street to be surtaced; the overlay versus chip and seal; and that committee loo~ into adding some ot the more travel1ed streets, such as 26th lotion carriej 8-0 Item 10 Consent Agenda A Resolution No Hospital Systems I\ccelerator 690 - Supportinq St in the acquisition of Anthony a Linear d Approval ot reconstruction ot corporation for Skaqqs Companies, Inc , 4260 ~ajs\vorth, v~heat Ridge (no change in corDorate officers) C Change 1ay 5th Study Session to Mav 6th, 7 30 D m A Council discussion involved the appropriateness of ~ Eesolution for purchase of hospi tal equipment '\10tion by Mrs Lavarra that Resolution 690 be Tabled ind~finitely; secondecl by-i"lrlerkl; carrier] 5-3 , with ,'1r Le\-vis, '1rs ure, and Mrs furner voting No i3 &C Davis; ,"lotion by Hr carried 8-0 Merkl toe approval; seconded by 1r ,'1AYUk'S HATTJ.:1<S Mayor ~tites reminded Louncil of Jeffco Governments meeting tOJTIorrow lJight and that ['lay 2bth, ,'1eplorial Day, is a City holiday Lu0~LILMCMBb~S' MAfTERS ~r Lewis aSKed regarding the timing of traftic lights and about the deterioratin'j curb and gutters that people are asKed to pay to repl~ce whereas some other curb ani gutter is beinq paid for by tne Lity drs 'furner asked that the forlnat of the Ordinances say \;That '~~s the Ordinance is doing to give better informati~n as to exactly what the Ordinance is about 1V1r 'lerkl aSKed IV\r Hayes re'1arding the Jlln,c and 'l'rash 0rdTnance He responded that one is being worked on Mr Aiello asked it there "ere ways at speeding up the handling of PUD's etc It is possiole to hold a Preliminary and Final Hearing on the same night as 10nq as they are separate hearings Mr Hayes also responded that he would like to make the procedures consistent within PUD's; i e a PUD with a breakdown tor Residential-, Commercial-, and Industrial ~lrY LOUNCIL MINUrES April 21, 1930 Page -5- i1rs Lavarra reported that the I..-outlcil l_ommittee on Boards and I..-oI~mTssions has met ana J1as made :3ome progress ADJUUWmENT Meeting was adjourned at 9 5S ~ -"";; > / I ~ (f Cr v ,__ G<- /;J-? - --~,--,--,--,--- :.~._---- ~ ~-- Carol F Hamp.c; Ci tv ~erk cth; chj; APPHOVElJ