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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