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HomeMy WebLinkAbout08/11/1980 CITY COUNCIL MINUTES CITY OF \~HEAT RIDGE, COLORADO AUGUST 11, 1980 The August 11, 1980 City Council Meeting was convened by Mayor Stites at 7 30 P M Councilmembers present Bill Bowman, Mary Jo Cavarra, Ken Lewis, Larry Merkl, Kay Ore and Louise Turner Also present City Clerk, Carol Hampf, City Admin- istrator, Tom Palmer, City Attorney, John Hayes, Department Heads - Richard Bredt, Hugh Brown, Charles Stromberg, staff and interested citizens APPROVAL OF MINUTES Motion by Mrs Ore to approve the Minutes of July 28th, seconded by Mr Lewis, carried 6-0 PUBLIC Cm1~~ENT Dorothy Thompson, 3014 Chase Street, Wheat Ridge, read a written statement from the Area 4 Planning Committee asking that Council secure an appraisal on the property at West 29th and Newland for a park The reasons for the request were the additional petitions turned in last week and the recent motion of the Parks and Recreation Commission recommending an appraisal Lillian Fleming, 6363 West 29th Avenue, also brought up the petitions more park space for a family park since the area has a higher density and since the Hart estate has not yet been developed for public uses mentioned the Parks and Recreation Commission's recommendation asking for population She also PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Application by Kipling 5000, Ltd , for approval of a Preliminary Development Plan for property located at approximately 9995 West 49th Avenue, Wheat Ridge, Colorado t1r Stromberg gave the Planning Division Staff Report, entered the documents into the record, and indicated that requirements have been met ~~otion by f1rs Turner that the case be continued for one week for Council study, since plans- had not been distributed and the Planning Commission minutes were distributed thi seven i ng, seconded by t1rs Ore, moti on fail ed 3-3 wi th Mr Bowman, Mrs Cavarra and Mr Merkl voting No It was suggested that a recess be held so that Council could study the minutes and plans While the plans were being secured, the following business was conducted DECISIONS, RESOLUTIONS AND MOTIONS Item 4 Resolution No 712 - Stating and Corresponding to the United States Department of Energy the Position of the Wheat Ridge City Council Concerning the Transportation of Toxic and Dangerous Chemicals to the Rocky Flats Plant for the Purpose of Disposition Resolution No 712 was introduced by Mrs Turner and the title read by the Clerk Motion by Mrs Turner that Resolution No 712 be adopted, seconded by Mrs Ore carried 6-0 Item 6 Consent Aqenda A Motion to approve final settlements with the Municipal Pool contractors - Fischer-White and Flatland Custom Pools B Motion to authorize the Mayor to sign the Agreement between the City, the Urban Drainage and Flood Control District and Wright- McLaughlin Engineers for engineering services, Lena Gulch Schedule 1 C t1otion to not hold a Council meeting on September 1, 1980 (Labor Day) and to designate September 8th as a Study Session Item B was requested to be removed Motion by Mr Merkl that we approve Items A and C of the Consent Agenda, seconded by Mr Bowman, carried 6-0 CITY COUNCIL MINUTES August 11, 1980 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 3 Council Bill No 27 - An Ordinance Amending Section 27 2, C 5, of Appendix A, Zoning Ordinance of the Code of the City of Wheat Ridge, Colorado, Which Sections Pertain to Landscaping Ordinance was introduced on second reading by Mr Bowman and the title read by the Clerk Amended motion to approve the Ordinance (Ordinance 411) on second reading with the amendment that the words "Planning Commission" be changed to "City Counci 1" Ori gi na 1 motion by Mr Bowman, seconded by t1r t'lerkl Amending motion by Mrs Cavarra, seconded by Mrs Turner Amending motion carri ed 4-2 wi th Mr ~1erk 1 and Mrs Ore voti ng No r10t i on as amended carri ed 5-1 with Mrs Ore voting No Recess to study plans and minutes was held at this time Following the recess, Item 1 was continued Bob Williams, applicant, 9945 West 49th Avenue (office) and Charles E Rhyne, attorney, 6743 Flower in Arvada, were sworn in Mr Rhyne explained that the reason two sewer taps are available is that two residences have been removed and they may use those taps to service the first two buildings and that they have an agreement that five additional taps will be provided at a later date Mr Williams discussed the design character of the buildings and showed a picture of the proposed area Mrs Cavarra asked about a stipulation on the amount of warehouse space Mr Rhyne said that the buildings are being built on a speculative basis and this can become a problem in rentals She asked about a ratio of warehouse space overall, rather than with each building They indicated that this could be acceptable ~lotion by t'1r Merkl that Case No WZ-80-14, for approval of a Preliminary Development Plan for property located at approximately 9995 West 49th Avenue, be approved for the following reasons The Preliminary Development Plan is similar to the approved Outline Development Plan All zoning requirements have been met Arvada Fire Department requests have been met Drainage plan requirements have been solved, and that no building permits shall be issued until adequate proof of sewer connection is provided, seconded by Mr Lewis, carried 4-2 with Mrs Cavarra and Mrs Turner voting No Failed motion to amend by Mrs Cavarra that it be added that no more than 80% of the total area be used for warehousing, seconded by Mrs Ore, failed 3-3 with Mr Bowman, Mr Lewis and Mr Merkl voting No DECISIONS, RESOLUTIONS AND MOTIONS Item 5 Resolution No 713 - Authorizing Reimbursement From Wheat Ridge Attributable Share of Jefferson County Open Space Funds for Costs Incurred Relative to Open Space During the Period July 1, 1973 to December 31, 1979 Lillian Fleming, 6363 West 29th Avenue spoke against Open Space Funds being used for purposes not relating to the land when the "City" finds it convenient to divert the money to other uses Mr Hayes explained that where he does not wish to give a position for or against the uses of the Open Space funds, he did want to bring up that this use has been authorized by the Jefferson County Commissioners and approved by the Jefferson County Attorney, who views this as an appropriate use of the funds Resolution No 713 was introduced by Mr Merkl and the title read by the Clerk Motion by Mr Merkl for the adoption of Resolution No 713, seconded by Mr Lewis, carried 4-2 with Mrs Cavarra and Mrs Turner voting No Item 6 B (Which had been removed from the Consent Agenda) Mr Hoffmaster of Urban Drainage and Flood Control District was present and stated that they have selected an engineering firm for construction engineering services that Wright-McLaughlin had been selected since they have been involved wi th the project and are fami 1 i ar v.Ji th it and have the capaci ty to do i t ~lrs Turner asked to have the plans brought in at some future date for display Mayor Stites said that could be arranged CITY COUNCIL MINUTES August 11, 1930 Page -3- Motion by Mr Merkl that the Mayor be authorized to sign the Agreement between the City, Urban Drainage and Flood Control District, and Wright-McLaughlin Engineers for engineering services, Lena Gulch Schedule 1, seconded by Mr Bowman, carried 6-0 (Agreement No 80-6 7) CITY ADMINISTRATOR'S MATTERS Mr Palmer brought up the Harlan and Lena Gulch projects Mr Hoffmaster, of UDFCD, said that Centennial Engineering is completing the draft of the Prelim- inary Report on the Harlan Project for selection of alternatives and will be ready for his review probably by the end of the week On Lena Gulch Schedule], the plans and specifications are in and are being prepared to send out for bids Award of Bid will be back to Council at a later date Also, Mr Lewis had given information regarding grants, and we are resubmitting the application for the 44th Avenue Project and also requesting a grant for the 32nd Avenue Bridge Project, south of 32nd at Lena Gulch Mrs Cavarra suggested that we also apply for a project for pathways along Kipling Street, as Lakewood and Arvada already have similar projects approved on Kipling CITY ATTORNEY'S MATTERS Mr Hayes reported on the status of three suits (1) The PPA suit has defin- itely been continued, (2) the State Police Pension Board suit against the City three cities have shown their willingness to join us if there will be suits filed against them as well These are Brighton, Commerce City and Edgewater, (3) the condemnation suits will be filed in District Court on Wednesday Mrs Turner asked Mr Hayes regarding the status of the Referendum He explaineo- that the petitions had been submitted within the allowed time and had been reviewed by Mrs Hampf and, in close consultation with himself, had determined the petitions lacked 17 names as far as she could determine with her best efforts Within the next ten days, enough signatures had been identified to certify sufficiency and a Certificate of Sufficiency will be issued He then stated that once the Certificate of Sufficiency has been issued, the Referendum will come before the City Council for decision and referred to his memo of recommendation dated June 26, 1980 He also said that, of the similar cases before the Colorado Supreme Court of which there are three, two are Home Rule cities and one a Statutory city They will be argued before the Supreme Court on September 23, and decided sometime after that COUNCILMEMBERS' MATTERS Item 7 Council consensus re If staff should continue planning for Wadsworth Town Center and Kipling Activity Center Mrs Ore requested that Council consider whether staff should continue to spend time working on the Wadsworth Activity Center as it has been more or less on the back burner for sometime The majority of Council felt that we should continue pursuing the Activity Center in order to attempt to conserve and preserve our sales tax base Those in favor were Mr Bowman, Mrs Cavarra, Mr Merkl and Mrs Ore Those not in favor were Mr Lewis and Mrs Turner Mr ~ewis ~tated that he had received a number of complaints regarding the noise barrler belng ~ut up along the Interstate, that it is creating noise, is too high cuts off the Vlew, and hampers police safety activities He also said we do not' ~now.whether or not there is anything we can do about it, but we will look into lt wlth the State M?tion by ~~Merkl to postpone the Public Hearing on Feng Ming-Wanq, d/b/a Jln Hann Chlnese Restaurant, Class F - Beer and Wine Liquor License- until August 25, 1980 to p~ovide for publication of Notice of Public Hearing, seconded by Mrs Turner, carrled 6-0 CITY COUNCIL MEETING August 11, 1980 Page -4- COUNCIL COMMITTEES' AND COMMISSIONS' MATTERS Item 8 Nominations for reappointments to various Boards and Commissions Motion by Mrs Ore that the moratorium on appointing Board and Commisssion 6-0 members be 1 i fted so we can make appoi ntments, seconded by ~1r Bowman, carri ed Mrs Ore reported that the Community Improvement Committee now ~as p~ocedures set up to screen new applicants The first meeting to start ~c~eenln~ wlll be.on A gust 27 Deadline for applications for the present posltlons wlll be Frlday, A~9Ust 22 Motion by Mr Bowman ~hat the.preceding procedures be approved by City Council, seconded by Mr Lewls, carrled 6-0 Item 9 Discussion of Rules of Procedure for Board of Adjustment and Planning Commission Ben Chastain, 3250 Marshall, spoke regarding the Rules of Procedure of the Board of Adjustment, which state that they were adopted by the Board of Adjustment on 8/23/79 He and Mr Reynolds (Chairman of the Board of Adjustment) have been unable to find any indication that these have been approved by the Board of Adjustment Mayor Stites said that, in that case we should send them back to the Board of Adjustment for their approval before Council takes any action Mrs Cavarra and Mrs Ore had several suggestions for the Board of Adjustment to take under advisement (1) Page 4, Item 5, - that building permits should not be issued for 30 days in order to coincide with the amount of time allowed for appeal, and (2) on Page 4, Article 5, Section 5 should be added regarding Findings of Fact that use the criteria in the Board of Adjustment portion of the Code of Laws, (3) that some attendance rules be added, (4) that there be a Statement of Purpose including that they are quasi-judicial body, (5) in Article 3, Section 2, if the Notice in Writing, of seven days previous, was a sufficient amount of time and if it should be included that it be by certified letter, (6) that the Resolution include reasons point by point for passing or denying the request, (7) Article 4, Item 6, questioning the advisability of taking testimony without the applicants present Meeting adjourned at 9 32 P M /} I (Cccd/ 7/~~) Caro 1 F Hampf, Ci ty Cl erk ' APPROVED CFH ap