HomeMy WebLinkAbout08/18/1980
Aug~t_lb~_l':,lHL
~lLY CuUNcIL MINU~b0
'::! i'~~~__~~!J=~i.~\ l~~~L-~_U_~~J~'\DQ
~'ne l'.UyUSL It!, l.)oU city ~ou(lcil ,'Ieetin} \laS convened uy layor
~tites at I JU l) m Councilmehlbers fJresent Pat Aiello, flill
dowman, dary JO LaVarrd., Ken Lewis, Larl Y ,lerKl, Kay Ule and
Louise ~urner Also fJresent city LlerK, carol Hampt; city
Administrator, ~om Palmer; Lity Attorney, Jonn Hayes; Department
Heads - kichard dredt and Charles Stromberg; staft and interested
citizens
lu'l'l(UVaL UF 'iHJULL::'
lotion uy drs lurnec to aIJpcove the t.linutes or August -1, 1':J8u
anJ AU:Just 11, 1':J(:lU, witn the tolloNin} additions 'i'hat in
Paragraph 1 - sentence iJe cnanged to read aSKinq blat upen bpace
tunds not be used tor pU~~,hasiny land in connection wit]! Lena
~~lllch Improvements; and, that in the second to last para<..)capn
adu, "'Irs Lucnec stated there were other options availaiJle
NiLIlout exceeding tne appraisal price and tnese t1ad not been
expIOted"; secondeu Dylrs cavarra; carried 7-u
PUdLIc UJJ>lr1LiU
uu one was present to speaK under Public comment
Itbll l
Decision OJ ~otion as to Rererendum )uestion
~anicei'nomfJson, 122':,U ~est 42nd Avenue, said she was present to
SfJeaK [orthos'e who nad passed petitions and tor those \iJllO had
slJnea them ~he said tnat they telt tney nad ~aretul1y tollowed
aIL the rules and regulations ~he then read a section ot the
colorado ~tatutes relatinq to PUblic Ofricial Violations Imen
Heterendum Petitions are not submitted for an election
Georye llolley, 13~4~ l'Iest Lolfax, said tnat tne position ot the
owners ot toe property is that thej are subject to the rezoning
that was ettecteJ by Lity coun~il
dotion fJY l'I~~_Ure that L,Juncil accej::'t Alternative No 1, whiCh
reads as tollows
",mLht:Atl, Petitions toe heterendUlll, pursuant to ::,ection b 4
ot the Wheat kidqe city cnarter, have been received DY the
city ClerK
fVIlEhLAb, said Petitions have !Jeen certitied by the Lity
ClerK as sutricient fJursuant to ::,ection 0 4 of the Home kule
U1arter ot the city ot vheat hidge;
,;'tlLkLA::', te city Council has previously received and
considered a legal memorandum trom the City Attorney dated
June 26, I':JGU;
NUI'I, ~UEhEFOkL, BE IT Hh~ULVEU by the city Louncil ot the
Lity ut ;'heat hidqe that, oased upon the current status of
colorauo case law, the City council does heretlY reatfirm and
ratiry the adoption of urdinance 4u~ and will not tepeal or
suspend said urainance and will not reter the same tu a
heterendum Election, and as grounds tneretor, does hereby
state tnat, under current case law, expressly pending
determination ot tnree cases presently penJinJ betore tne
colorado bupreme court, rezoninq is an administrative, and
not a legislative, act and is therefore not subject to
heterendull1 "
--seconded by ,'Ir 130wman council discussi::m drs cavarra said
that she would vote No; tnat she would have favoied Alternative
~o 3; that her reasons were (1) sne respects the Lity Attorney's
opinion but he does not have a crystal ball and no way to
determine wnat tne SUi-'reme Court Ivill do; (L) tnat the zoninq was
in tault in the first place; that tlere had been recommended
LlfY LuUULIL Ml~UrE0
August 18, 1:18iJ
Page -2-
denial Dy tne Plani1iIl'J \..-ommission and the statf, an:] (3) so many
people in the area telt so stron31y that they went out and got
petitions so that tile citizens could vote on it tlrs ,_~t,lyne~
said s11e also YloulJ vote No -- that the petitioners have tollowed
tne letter at the lal'; those who had follo',led the Ularter trom
tne time it was written feel that the people have the right to
re[eren(jum; when tl1e thousand to two thousand people have spOKen
OJ petition, sne thinks \..-ouncil had better listen; and it one is
going to si t on Louncil, they must listen to ttIe people; she,
too, 'tlould preter Alternative l~O 3 :~0erk:l said ti1at tIe
personally would have preterred Alternative ~o 2, but he thinKS
we should listen to the Lity Attotney and wil1 vote tor No 1
Questions were aSKed regarJing possible liaoility of Louncil as
uLought up by Ors lhompson The CityAttorney said that Council
would tace no liability so 10n~ as the decision is made in good
taitll, anei that tne ~tatutes protect them against criminal
liaDility, unless their vote is made hnowin] tnat they are voting
in error -- carried 5-2 witn drs 'J,'urner and Hrs Lavarra voting
1~0
PLJdLIL t1Er..J:dljG~ AriD ORDIl~Al'lL~::O uti ~tCOND l{tADING
Item 2
Louncil 8ill No 28 - An Ordinance Providing for the
Approval at a Zoning ~lap Lorrection From Planned
hesidential Development (PRD) to l<estricted Commercial
(EL) tor Land Located at Approximately ll'!b5 {est 44th
Avenue, \..-ltl ot Nheat Ridge, Lounty at Jefterson, ~tate
ot Lolorado (Lase No NZ-7~-LlU)
Louncil Bil1 Uo 28 was introduced on second reading bV ('lr ilerKl
and tile title read by the LlerK ]\>\r ~tromberg said thattne-
original case shows that this property should be zoned RC and
that tne Planned l.zesidential Development marking was
inadvertently brought down too far -- that is to 44th Avenue
Motion by Mr MerKl that Louncil Bill No 20 (Urdinance No 412)
ue approved for-the tollowing reasons (1) rhere was a mistake
on the zoning map which improperly shows the subject property as
PUD, when the zoning of record is RC and, (2) Planning Commission
recommended approval;--seconded by l'lr Lewis; carried 7-u
Item J
Council 8ill No 29 - An Urdinance Providing for the
Approval ot a Zoning Map Correction From Hesidential
fwo (h-2) and Commercial One (L-l) To commercial One
(L-l) for Land Located at Approximately 4b55 Miller
~treet, Lity ot ~heat Ridge, \..-ounty of Jefferson, ::otate
at LoloraeJo (Lase No ~Z-7b-j6D)
Louncil Bill NO 29 was introduced on second reading by Mr Aiello
and the title read by the Llerk Mr Stromberg said that in
making tne change Oil the zoning map, atter the case, the
zip-a-tone ~as not applied a11 the way, creating the error
Amended Motion to approve \..-ouncil Bill No 29 (Ordinance No 413)
tor tile tollowing reasons (1) l'here was a dratting mistaKe on
the zoning map which improperly showed the said property as L-l
and H-2, when the Zoning ot Record shows tne entire parcel as
L-l, and as '~ould De shown in Zoning Case dZ-74-29, and (2)
Planning Lommission recommended approval
uri'3inal dotion by lr Aiel10; seconded bv ;'Irs Ure;
Amending Motion 0y Nrs Turner; seconded by Mrs Ore;
Amendment carried 7-u lotion as amended carried 7-iJ
I tern 4
Council 8ill No 3U - An Ordinance Providing for the
Approval ot a Zoning i1ap \..-orrection ~rom Agricultural
Une (!I.-I) 1'0 Kesidential One A (B.-lA) for Land Located
at Approximately b900 ~est 35th Avenue, City of ~heat
Ridge, county ot Jetterson, ~tate at Lolorado (Case
l'Jo \~Z-tJO -131))
Louncll Bill No 3U was introducea on second readinq by
[lr bowman and the ti tIe read ))y the Clerk r1r ~tromoerg
LIr~ LUUNCIL MI~UTES
August 18, l~bO
Page -3-
said that this case had been intended for a smaller area north of
~est 35th Avenue. 7here is an Amendment to the legal description
included in this evening's packet
dotion by ~lr Bowman to approve Council Bill No 30 (Ordinance
No 414) as amended tor the following reasons (1) 'fhere was a
drafting error on the Zoning Map which improperly shows the said
property as Agricultural une (A-I) when theZoning of Record shows
the property as Eesidential une A (R-IA); (2) Planning Commission
recommended approval, and to amend Council Gil1 No 3U legal
description to read The southerly IbU feet of ~ide Horizons,
described as Beginning at the bouthwest corner at the N1 1/4 NE
1/4 of said Section 27, thence easterly along the South boundary
at said N~ 1/4 NE 1/4 331 teet to the TRUE POIN~ OF BEGINNING,
thence continuing easter ly along the bouth boundary of said N'.1
1/4 N~ 1/4 bb4 1 feet, more or less, to the centerline of Everett
~treet, thence northerly along the centerline at Everett Street
205 teet, thence westerly along a line parallel to the said South
ooundary ot said Nd 1/4 N~ 1/4 6b4 1 feet, thence southerly along
a line parallel to the East boundary of said N~ 1/4 NE 1/4 205
teet, more or less, to the TRUE POINT UF B~GINNING, subject to
the right-ot-way tor ~est 35th Avenue along the South side
tnereot and subject to tne rignt-ot-waj for Everett Street along
the East side thereot;-- seconded by Mr Aiello; carried 7-U
Dwight Hamilton, Ful1er & Evans, Equitable Building, said that
whereas at the time of the original rezoning this was the zoning
asked for ~hey are now considering coming in for a rezoning to
Hospital I for purposes of expanding the tacility
Item 5
Council Bill No 31 - An OrJinance Providing for the
Approval of Rezoning From Residential Two (R-2) and
Agricultural One (A-I) to Commercial One (C-l) for Land
Located at Approximately 4565 Kipling btreet, City Jf
Wheat Ridge, County of Jefferson ~tate of Colorado
(Case No .1Z-8U-12, Larson)
Louncil Bill No 31 was introduced on second reading by Mr MerKl
and the title read by the Clerk Mr Stromberg gave the staff
report, entered documents and exhibits into the record
Mr ~tromberg explained that the applicant wishes to build a ski
shop and ski rental shop in the area which is not included in the
H8stricted Commercial zoning; therefore, has applied for
Commercial One and the use conditions attached to the zoning are
satisfactory with the applicant These conditions are that Use
Regulatlons 1, 3, ~, lU, 11, 12 and 13 ot the Commercial One
zoning are the only allowed uses Also, that the Case No will
be included witn the map, Which will indicate that any interested
parties should go to the file to see why the case number was
included
John il ilec1\:ers, 9b84 ~vest 44th Avenue, attorney for the owners
(Larson) spoke in their behalt He said that they would have
preferred Restricted LOlnmercial zoning but since tne retail shop
was not an allowed use, applied for the Commercial One with
conditions Regarding the sewer moratorium, there is a small
house on the property which will be taken out The Sewer Board
says that they may use that existing tap As to the
acceleration/deceleration lane, it wil1 be ~ S 3U feet and they
are worKing with the neighbor to the soutn to use curb cuts
together, and hope to eliminate one curb cut each
rlotion by Mr MerKl to approve Council Bill No 31 (Ordinance No
415) for the tollowing reasons (1) Conditional C-l as requested
is compatible with surrounding zoning and land use; (2)
Londitional l-l as requested is consistent with the Comprehensive
PIan; (3) All requirements of the zoning ordinance have been met;
(4) Planning Commission recommends approval; and (5)
~cceleration/deceleration lanes be required on Kipling;--seconded
uy Mr Bowman; carried 5-2 with Mrs Cavarra and
~lli ~uU~LIL 11~U~~~
;\U ,; Ll S t 1 (), 1 'J d 0
pa;e -4-
lr:s ~ur:net' voting ~o .It's L'urneL stated that Sl1e \vas v::>tin':J ,<0
UeL.dUSe "l-ondltlonal ",-I" i" ceter:Tea to as a cate':Juty' aud it lS
dn ililf)rOpeL zoning elasslIieation i'lrs ~avarLa ,stated that she
las vutirhJ 1,0 Deeause ttlet'e was IlU evidenLe SllOvln tl1at the
pLopeLty could not i.:>e developea as Kcsidentia1 anel tnat it
continues stLip zoning
~~L-':-l~~ujJ::, ,~ l:d::~ULU L'ltJl..!?__f~[J~_ :1..Ui'IUU::,
lLem b
Motion to witnoLad L.ity initiated applicatian to vacate
a por:tioll ot V Line ",treet (Lase NO ,JV-tJO-l)
'1otlon uy ,Ir . r..$owman tha t tlle L i ty wi tnu t'aw l ts appl iea t iUIl tOL
vaea tiun tor-Lase [,u iJV-BU-I, wnieh rela tes to the [Jartial
vacatlun OL Klille ",treet bet ,een Lena (,ulen and 4Uth Avenue;
secondeu uy ~r: Lewis; Lar:r:ied 7-0
1 tem I
Appr:.:>val ot tinal engineer:ing and authorization tJr:
LJuF~U to ne'jotiate a constr:uction contr:act tor: Lena
t"ulLil !OtuJect south ot J2nd I\venue oridqe (Pt,)ject
1u-LG-bH)
oteve lloqobOOril, ot ULban Dcainage and tlood ",ontLul Distr:ict, was
lJr:esc=rltto'-explain the ptoject lie sail that in 1';170, wnen till?
Dr:idge alld tne ptoJect was \"OCKecJ on to tlle nOLtll ot ,Jest J.:nd
l\vel1ue, the two fJr:uper:ty owneLs to the soutn ot IJest 3J.nd \'1eJCI2
unwilling t.J allow i"lpLovements to oe Iilade at tnat time ::,ince
then, theLe has been oti1ec dama<]e [r:Olil Lecent tloocJs and ther:e
nas l)ee11 a cnanqe ot minJ
lotion oy []LS Lavarr:a that tlle tlnal en,]ineer:inq presenterj to
tne ~ity ~ouncllfortile small Lena Gulch pLoject south at tnc
j2nd Avenue oridJe, kno'wn as Project lU-LG-bA (undeL Lontr:act
uo /':;-b-lU), be a()pr:oved, and that te Ur:ban ur:ainage and FlootJ
~ontLol Distr:ict be author:ized to negotiate a eonstr:uction
contract with tnr:ee contt'actor:s Said contr:act wil1 be Letur:ned
to the Lity Louncil for apPLoval ~hen r:eady;--seconded by
'IL bOylman; car:r:ied b-l witt! ilr Lelvis voting NO ["Ir: Lewis said
tnat tnere are many f-Jlaces in the ",ity tnat ,,,ould be 'llao to have
cne money spent ti1ere the t ir:st time around
1tem J
proposal tur l-ity to SUOIl\it an application for an Ur:oan
oystem ,rant project in conjunction witn Par:K-n-Eicle
site
rlr: ",tromoecg told Louneil that tne r:eason tor this item was to
see it Louncil \,Ter:e interested in applyin..j tor: an Ur:oan Systems
Gr:ant to oe usecJ in conjunction witn a ParK-n-hiJe site 'i'he
deadline tor: applyinq tor tne JLant is next aeek; the qr:ant to be
issueo in l'::iGl ir appr:oved A Site tor: a Par:k-n-Hide i3 ocing
looked into by klD in the vicinity ot the 1-70 and 0ar:d Hoad
exit This gr:ant would oe tal' a connection oetween YounqtielJ
and 1ard that would ser:ve a Par:K-n-Hide site as well as assist
witn tne congestion an 44th I\venue
Dean llar:per:, 17:,b dlaKe otr:eet, Denver:, attor:ney r:etained as a
cunsultaI~to l:<'rD, arid HilI LttingeL, from H'l'O, 132~ South
~olor:adO bOlJlevarLl, bot'11explainedU'J'lJ' s posi tion r:eqariin'J a
i'aLK-n-I,ide si te l'he site, ii cJ\osen in this ar:ea, \VQuld
service d new expLess ous route to dOI"nto'"n Denver Lhe
JiScussion is now in tile pn:limninaLY stages lhere \"ill oe a
pUblic meetiIl] at LlLake Jt' Hiqn at 7 uO p m 0;1 August 28th
wiliLlI will De \IOr:k session tor: the pur:pose ot pLesenting
inior:mation Ivilliaiil ",imons, l240U ,Jest 44th Avenue, state:! that
\12 lives at: the end ot wnat would be the new access road; that
tne plans do not impr:ove tr:affic but woulLl move avproximatelv
eight ramilies, ana he teels that for: the past two year:s he has
oeen tIle ooject or a squeeze play Jalnie Hoffrilan, 42UO Xenon,
also stated tnat sne dicJr\ 't IJelieve it would do the trattic any
good and woulj taKe out nomes ::,he also sugqusted that a por:tion
ot tne trUCK stop be used tor: tile Park-n-l:<ide pur:pose kalph
dan]une, 2701 der:LY Lane, Golden, said that tie is a pr:oper:ty
owner: in the aLca; trlat all f)eotJle had not Deen inforrlled; only
Mt Ulivet was consulted (rhe intormation Leterred to involveJ
lZ'LJ), not tne ~i ty )
LIlY LUUNLIL MINU1~b
August 1d, 190u
Page -5-
Motion by i'irs ure that the City does not submit the Urban
bystem Grant Proposal tor tne 'iOUIl':!t ield connection to \~ard
Hoad as pt-Oposec1 by H:l'D and the btate Highway Department in
conjunction with the ParK-n-kide site number eight; seconded
by Mrs l'urner; carried 7-0
Item )I
Motion to Lnange Recreation Coordinator (Senior
Litizens) trOl\1 halt time to tull time
~r Bredt said that the reasun tor the request was due to
the increased work that would be involved with the opening
ot the new benior Citizens Lenter Council concerns were
(1) It people could be shifted from other responsibilities
to help take up the extra worK rather than go to tul1 time;
(2) that with the tax ditficulties, everything possible
should be done to avoid adding additional people; (3) that
the seniors are energetic and resourceful and should be a
source ot supply as volunteers However, it had been
brought out While 100King at a senior citizens center, that
the present stafting would be insufticient
Amended motion that the present part time Recreation
Loordinator position be c11angecJ from part time to full time
in the Hecreation Division of the Parks and Recreation
uepartment, with the understanding that this be considered a
temporary, permanent position and will be re-evaluated
during the budget process
uriginal motion by Mr Aiello; seconded bY ~r MerKl
Amend ing motion by Nrs Cavarra; seconded by ;:Vlrs Ore
Amendment carried 4-3 with Mr Aiello, Mr Lewis and Mr
derkl voting l'JO
l'10tion as amended carried 7-0
}ailed amending motion bf Mrs Lavarra that the decision on
tull time Senior Citizens Coordinator be held until the
entire statting in the Recreation Department can be
considered at 19U1 budget time; seconded by Mrs Turner;
tailed 3-4 with Louncilmemoers Aiello, Buwman, Lewis and
lvIerKl voting No
LIlY ADMINISTRAl'OR'S MArT~RS
Mr Palmer said we have re~eived the initial engineering
report tor the Harlan street urainage Project and we have
two weeKS for reviewing it There is a list ot a number ot
alternatives to be reviewed as well
LUUNLILMbMB~R'b MAlTERS
Mr Bowman stated that he had voted on the prevailing side
for both the amendment and also for Ordinance 411, and would
like to have the Ordinance reconsidered
Motion by Mr Bowman that Ordinance 411 be brought back tor
recunsideration at a PuDlic Hearing on Se1'temoer 1::>, 1)180;
seconded by Mr Merkl; carried 4-2 with Mrs Lavarra and
~rs furner voting No
l,LC,VJ BUSIl'JbSb
Item lU
proposed amendment to Rule 44 ot the Rules ot
Urder and Procedure - A,Dpointments to COli1mittees,
Lommissions and BOdrds
rnis item to De on next weeK's Aqenda fOL actiun
LUUNCIL CU~MIll~bb' AND LOMMISSION'S MArT~RS
Motion by vIrs Ore to have a resolution rescinding
kesolution b::>d brought in tor decision next weeK; seconded
oy I'll. f\iel10 council ciiscussion Hr Merkl and ['lrs
rurner telt that the committee should not be dissolved
LIfY COUNCIL rllNUELb
August Ib, 1':J8U
f'age -6-
Motion carried 4-3 with Councilmembers Cavarra, Merkl and
L'urner voting No
Item_~ Hotion to approve committee Improvement Procedures
toe screening new applicants to boards and
comrnlssions
dot ion oy [VIr
seconded by 1"lr
MerKl tnat this item be on next week's Agenda;
Ore; carried 6-1 with Mrs Turner voting No
Item 13
Nomination and re-appointment ot memoers to Board
ot Adjustment, Building Lode Advisory Board, and
f'lanning Commission
l'llere wece no nominatlons at this time
1eeting adjourned at 10 45 P m
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Carol l lJarnpr', city LIe '
Af'PKOV~D
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