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HomeMy WebLinkAbout10/27/1980 October )7, 19c;ll CITY COUNCIL MINUTES CITY uF I>mEAT RIDGE, COLORADO rhe October 27, 1980 City Council Meeting was convened by the Mayor at 7 30 p m Councilmembers present Pat Aiello, 8il1 Bowman, Mary Jo Cavarra, Kent Davis, Ken Lewis, Larry Mprkl, Kay Ore, and Louise F ~urner Also present City Clerk, Carol Hampf; Lity Administrator, Tom Palmer; City Attorney, John Hayes; Department Heads Hugh Brown, Richard Bredt, Gary Diede, and Lharles Stromberg; staff and interested citizens APPROVAL OF MINUTES Motion by Mr Merkl for approval of the Minutes of October 20, 1980; seconded by Mr Lewis; carried 8-0 Mrs Turner requested that an addition be made to the minutes indicating that Edgewater Lity Louncil had requested by unanimous vote that they work with ~heat Ridge on purchase of Open Space land PUBLIL COMMENT No one was present to speak under public comment PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Application oy Kipling 5000, Ltd , for approval of a Final Development PIan for property 10cated at approximately the northwest corner of West 49th Avenue and Iris Street, Wheat Ridge, Colorado (Case No ~Z-80-14) Mr Stromberg gave staff comments and entered the documents into the record Robert Williams and Jim Helbig, Office address 9995 ~est 49th Avenue, were sworn in Mr Williams stated that it had been discussed at the Preliminary Hearing the possibility of a limitation on the amount of warehouse space to the overall space The limitation previously mentioned being 80% and he had no opposition to that amount No one was present to speak in opposition to the case Amended Motion that Case No WZ-80-14, a request for approval of the Kipling 5000, Stage III Final Development Plan be approved for the following reasons The Final Development Plan is consistant with the approved Preliminary Development Plan, Planning Commission recommends approval, and all zoning and subdivision requirements have been met; with the addition that no more than 8U% of the available square footage be used for warehouse purposes Original Motion by Mr Davis; seconded by Mr Amendment by ,'Irs Lavarra; seconded by [,Irs Amendment carried 5-3, with l1r Aiello, l'1r voting No Motion as amended carried 8-0 Bowman; Ore; Bowman, and Mr Davis Item 2 Council Bill No 34 - An ordinance providing for the rezoning of land from Restricted Commercial (R-C) to Commercial One (C-l) on property located at approximately 4900 Kipling Street, City of ~heat Ridge, County of Jefferson, State of Colorado (Case No WZ-80-24, Silco Oil) Council 8ill No 34 was introduced on second reading by Mr Bowman; title read by the Clerk Mr Stromberg entered the documents into the record and stated that this is presently under non-conforming use, and, that if the zoning is granted, a special use permit, which is required for a service station, will be brought to Council on November 10 Don Roth, 758 S Elizabeth Street, Denver, was present and sworn in He stated this is a request to retain the business as they have it, which is a service station, and they are doing it because they feel the need to be in conforming zoning CITY COUNCIL MINUTEb October 27, 1980 Page -2- Motion by Mr Bowman that Council 8ill 34 (Ordinance 423) be approved for the following reasons 1 Commercial One zoning is co~patible with surrounding land uses and zoning 2 The Commercial One zoning conforms to the Comprehensive Plan 3 Planning Commission recommends approval; seconded by ~r Aiello; carried 8-0 Motion by Mrs Eurner to amend that a contingency be added, that if the use is to change, the applicant must come back for a PCD Motion died for lack of a second Community Development Block Grant Program hearing Item 3 a Adoption of citizens' Participation Plan b Appointments to Citizens' Committee c Staff and public input a Motion by ~r Merkl that the proposed Community Development Program, Citizens' Participation Plan be approved; seconded by Mrs Ore; carried 8-0 b Names recommended for the Citizens' Committe by Councilmembers were District I IHl1iam Treat, 5625 ^I 27th Ave M P Yeager, 2815 Depew, Maxine Parker, 5665 W 27th Ave Richard Berry, 2825 Fenton District II Rich Lumsden, 4825 ~adsworth District III Mrs Fred stutzman, 10875 W 38th Place District IV Tom Macaluso, 4235 Everett Street jc10tion by ~1rs 'rurner that the Citizens' Committee be approved; seconded by Mr Lewis; carried 8-0 Citizens' Committee meeting will be October 30, 1980, at 7 30 P m in the Municipal Building c Mr Gidley gave the general intormation regarding the application i e the amount of funds, the eligible activities, ineligible activities, the processes to be followed, the dates, the preapplication, and selection system No one in the audience wished to speak on the subject Item 4 Council Bill No 35 - An ordinance providing [or the approval of rezoning from Residential Two (R-2) and Restrict Commercial (R-C) to Planned Commercial Development (PCD) and approval of a Preliminary Development Plan on land located at approximately the southeast corner of 50th Avenue and Independence Street, City of ^lheat Ridge, County of Jefferson, State of Colorado (Case No WZ80-11, Cruise) Louncil Bill No 35 was introduced on second reading by Mr Bowman; the title read by the Clerk Mr Gidley entered the documents into the record and gave the staft comments, includinc] three items that staff would like added if this plan is adopted 1 The statement qiven in the agenda regarding the possible changing of any shoreline and the cost and maintenance of landscaping 2 That the landscaping be amended to drought-resistant varieties 3 The slope on the lake be reduced for safety's sake Also that there are 3 parts to this request 1 Rezoning 2 Preliminary Replatting; and 3 Development Plan for Planned Commercial Development There is a path along the eastern side leading to Birdland Park in Arvada Ehe path goes up to the Park, tne southern portion of which is on Pub 1 ic Service Right-of-.Jay land City of ,'Jheat Ridge may wish to work with City of Arvada, or Public Service to extend path to meet the path circling the lake in Birdland Park Council questioned regarding the dedication of the lake, that 1S a part of this plan; as to the costs and the liabilities, policing etc "- - CITY COUNCIL MINUTE~ October 27, 1980 Page -3- Mr Gidley entered into the record a new agreement with the Clear Creek Water and Sanitation District allowing one tap per year for the next three years so that development can begin Maurice Fox, Attorney, officing at 4315 Wadsworth, was present representing the Cruises Warren Cruise, applicant, 4750 W 103rd Court, Westminster, was also present and answered questions He stated the number and placement of fire hydrants was at the direction of the Arvada Fire Department and that original1y they intended a 20-year lease on the laKe property and work with the Department of Natural Resources, but that a longer lease had been requested; therefore they had decided to dedicate the land to the City He also said that Brannan Sand and Gravel's connection with the property was to complete the land fil1 and then they would no 10nger be connected Also that the entrance with the breaK-away chain was to satisfy the neeJ for two access points Mr Fox asked that approval be granted because this is more compatible with the surrounding uses than now zoned, and that it is swap zoning Lor the R-C, which wil1 now be a lake Mrs Cavarra asked if they would be willing to stipulate a ratio of office and warehouse They said they presently designed 50% office and 50% warehouse She felt that this was still more warehouse and asked regarding 10-20% warehouse Motion by Mr Bowman that Council Bill No 35 (Ordinance 424) be approved, including the requirement ot the modification in the language of the development proposal as recommended by staff, for the following reasons A Planning Commission recommends approval B The Planned Commercial Development does not conflict with the Comprehensive Plan C There would be no adverse effects to the area D The Planned Commercial Development District is compatiole with surrounding land uses and zoning; and include the items requested by staff 1 Warren Cruise reserves the right to change the shoreline on the east and south boundaries of the lake, provided that the total lake area does not decrease in size and that all such modified land areas be fully landscaped after any boundary change, and that Warren Cruise assumes full responsibility for the cost and maintenance of the landscaping Any change in the lake boundary and landscaping is subject to the approval of the City Council of the City of Wheat Ridge 2 AIl plant materials on Parcel C shall be of drought-resistant variety 3 Relative to the slope of the bank of the lake, that slope shall not exceed 1-3 ratio out to the level of 6-foot depth at the low water level Motion seconded by Mr Davis; carried 6-2, with Mrs Cavarra and Mrs Turner voting No Failed Amendment by Mrs Cavarra that the C-2 uses be restricted to no more than 20% of the total building area; seconded by Mrs Ore; Failed 4-4, with Councilmembers Aiello, Bowman, Davis, and Lewis voting No Mrs Cavarra stated that she cannot support the motion since the amendment failed Mrs Turner stated she was voting no, because this is in conflict with the Comprehensive PIan; that the buffering present with existing zoning is better than the berm; and no buffering between high intensity uses and the residential, no evidence given that the property cannot be used as it is presently zoned; and that it is incompatible with the resiJential project now existing Item 5 Council Bill No 38 - An ordinance repealing and reenacting Section 2-17 of the Code of Laws of the City of Wheat Ridge relating to qualifications of members, appointment and terms of members, removal from commission, and vacancies as they relate to city boards and commissions Council Bill No 38 was introduced by Mrs Ore; title read by the Clerk Amended Motion for the adoption of Council Bill 38 (Ordinance 425) on second reading, with the fol10wing amendments 1 ;:,ection (b) page 2, delete the words "of four members" and add "of a simple majority" CITY LUUNCIL MINUTES October 27, 1980 Page -4- 2 ~hat the suggested motions included with the agenda be included in the final ordinance Section 1 (c) add "if a regular member of the board of adjustment wishes to be reappointed, that person shall be appointed to an alternate position The person who has served as an alternate for the 10ngest period of time shal1 move to the regular position " Section 1 (c) Delete the word "Commission" wherever it appears in this Section and in Section 1 (e) following the words "administered by the Mayor" add the words "at a regularly scheduled Council Meeting" Section 1 (c) add "Notwithstanding any other provisions of this section 2-17, a quorum for the transaction ot business by the Board of Adjustment shall be four members An affirmative vote of four members is required to adopt any motion or make or ratify any decision of the board" 3 Add at the end of the previous sentence "concerning any matter before them as a public hearing " uriginal Motion by Mrs Ore; seconded by Mr Aiello First Amendment by Mr Davis; seconded by Mr Aiello; carried 7-1, with Mrs Turner voting No Second Amendment by Mrs Cavarra; seconded by Mrs Ore; carried 5-3, with Councilmembers Bowman, Davis, and Lewis voting No Third Amendment by Mrs Cavarra; seconded by Mrs Ore; carried 8-0 Motion as amended carried 8-0 Failed amendment by Mr Aiello that Section 1 (d) third sentence be amended to read "any time a member of a Board or Commission 1S absent 4 consecutive times for any reason other than il1ness, that person shal1 cease to be a member of the board or commission The chairman at the board or commission shal1 notify the Louncil of vacancies so a new appointment may be made"; seconded oy Mrs Turner; Motion failed 3-5, Councilmembers tiowman, Davis, Lewis, Merkl, and Ore voting No Failed Motion to Table the Ordinance for 1 month for Planning Commission input; seconded by Hr Lewis; failed 4-4, with Councilmelnbers Aiel10, Bowman, Ore, and Turner voting No (Planning Commission had requested this be tabled since they had not received the Ordinance tor study until October 16) Donald E Lancaster, 407b Everett, spoke, asking if there were conflicts in the Ordinance or with the Charter where it states appointments shal1 be made to achieve equal representation; also states that Board or Commission members presently serving shall be entitled to complete the term and shall be subject to reappointment Mr Hayes explained he was referring to subsequent appointments That in the future the ordinance would require equal representation, whereas the Charter says approximately equal representation He deleted the word "approximate" because it was his intent in this ordinance to implement what he thought the framers of the charter meant D~LI~ION~, RESOLUTIONS, AND MOTIONS Item b Award of bid re Construction of Lena Gulch Final Improvements, Schedule I Mr Hoffmaster of Urban Drainage and Flood Control District, was present to briefly explain the engineering ot Phase I of Lena Gulch Motion by Mrs Turner to approve the Final Engineering on Phase I; seconded by Mr Aiello; carried 8-0 Motion by Mrs Ore that we (1) award the Lena Gulch Schedule I Project to Pascal Construction Company for the bid amount of $1,045,123 00; (2) authorize the Director of Public works to approve any changes to said Project not to exceed the total funds approved for the Project; (3) that an additonal $25,000 be charged to Account 31-302-800-833 as Wheat Ridge's 50% share ot a contingency fund to be added to the special fund held by the Urban Drainage and Flood Control District previously authorized by City Council in Agreement No 80-2 1 dated May 13, 1980 with Urban Drainage and Flood Control District; (4) the Director of CITY COUNCIL MINUTES October 27, 1980 Page -5- Public Works be authorized to sign any change to the Contract, within the limits of the contingency fund, on behalf of the City; seconded by Mr Aiello; carried 8-0 Mr Diede said that the Contractor had come back on one of the bid items (bridge); that they had made a transposition error from $430 to $340 per lineal foot, which would aJd an additonal $30,000 to the Contract Our City Attorney, the Attorney for Wright McLaughlin, Urban Drainage and Flood Control District, al1 feel that this is not a legitimate request Item 7 Resolution No 722 - Authorizing the Mayor to enter into an agreement with the wheat Ridge Park District whereby the City of wheat Ridge would agree to provide services to the residents ot the Wheat Ridge Park District and further authorizing instituting Judicial action to dissolve the Wheat Ridge Park District Resolution was introduced by Mr Merkl, numbered 722, and the title read by the Clerk Whereas it was thought that this Recreation District was dissolved upon the Incorporation of the Lity, it is stilI on the books of the assessor's office and in order to clear up the legalities this Resolution and Agreement are necessary /10tion by i1r Merkl for the adoption of Resolution 722; seconded by Mr Aiello; carried 8-0 CITY AT~ORNEY'S MATTER~ Mr Hayes reported that legislative relief is to be proposed before the State Legislature on the Police Pension Board matter As proposed Wheat Ridge would have until 1983 to adopt a money purchase pIan and we would not be required to turn over any of our money to the State This would effectively drop the State Police Pension Board Suit against us, if passed There is a dispute between the City of Wheat Ridge and COM regarding the additional charges in the building of the swimming pool Wayne Fisher from COM, 3796 Easter Drive in Littleton, stated that their contract said their services ended November 19, 1979, the contractor was finished 6/1/80, and is claiming for services beyond that time Mr Hayes said that the work had not been done during the contracted period and they had stayed on to the end, wich he felt they should have Their additional claim is $9,757 41, but have indicated that $8,100 00 would he acceptable Motion by Mr Lewis to deny the request; seconded by Mrs Ore; carried 7-1, with Mr Aiello voting No COUNCILMEMBERS' MATTERS l\1r Bowman proposed two motions regarding engineering design of west 26th and West 44th These Motions were ruled out of order at this time, since they had not been on the printed agenda Motion by Mr Bowman that they be set for Agenda Item on November 10; seconded-SY-:~Davis; carried 7-1, with Mr Merkl voting No Mrs Ore (1) proposed a change in the Council Rules of Order and Procedure regarding the election of the Mayor pro tern and Council President; that they be by nomination and secret ballot, rather than as now with no nomination and secret ballot This is to be pI aced on the Agenda of November 10 for action (2) Regarjing the Open Space ads - they are being paid for with private funding, there is no new home proposed for the sheriff, and she feels that scare tactics are being used (3) There are several unfilled positions on Boards and Commissions The periodic ads have produced no response and she suggested Councilmembers start working towards finding people to fil1 the vacancies CITY COUNCIL MINUTE~ October 27, 1':180 Page -6- (4) The Community Development Improvement Committee is meeting October 29 in the Council Office The Public is welcome (5) That a number of things have been accomplished during this past year; such as beginning construction on Lena Gulch; completion ot the Fire Station; Purchase Senior Citizens Center; and that new goals need to be set for 1981 She suggested that one of them be a plan in which businesses can fill our empty stores and help us continue a sOund tax basis in order to not increase the mill levy or sales tax Mrs Turner was concerned about the Coalition of Cities advertisement in the Newspapers It says that it was paid for by Jetferson County Coalition of Cities and named Cities, including wheat Ridge She said we know that wheat Ridge did not put money into the ad but it looks like we did She requested that there be a change or disclaimer Mr Stites said he felt that the wording would be different in this week's advertisement; but that by a 6-2 vote wheat Ridge had voted to support the issue COUNCIL COMMITTEES' AND COMMISSIONS' MATTERS Item 8 Approval of Planning Commission Bylaws Motion by Mr Merkl that we accept the Planning Commission Rules of Procedure as presented with one amendment that on page 3, Section 6, the next to last word delete "without" and add "after" which would make the sentence read "This shall be the first order of business at that meeting and it shall be held by secret ballot after nomination"; seconded by Mr Davis; carried 8-0 Meeting was adjourned at 10 35 P m , ~~~/' ampf, kcit~~-- APPROVED