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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 ,...-J-- / ~1 rY I ~~ I '--" / /'. ~lf _c~ ":-k:c' c . / ,? / . L!/./ / Carol l lJarnpr', city LIe ' Af'PKOV~D UH tg