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