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HomeMy WebLinkAbout04/13/1981 CITY COUNCIL MINUTES CITY OF WHE~T RIDGE ~ril 13, 1981 The City Council Meeting was convened by the Mayor at 7 30 P m Councilmembers present Pat Aiello, Bill Bowman, Mary Jo Cavarr~, Kent Davis, Ken Lewis, Larry Merkl, Kay Ore, and Louise Turner Also present City Clerk, Carol Hampf; City Administrator, Tom Palmer; city Attorney, John Hayes; Department Heads Richard Bredt, Hugh Brown, Chief Pinson, and Charles Stromberg; staff; and interested citizens Motio~ by Mrs Ore for the approval of the Minutes of March 23, 1981; seconded by Mr Davis Mrs Turner requested the following additions be made to the Minutes - that on Item 8 following the words "Councilmembers Merkl, Cavarra, ani Turner voting No" - be added that "Mrs Turner stated her vote was upholding the decision of the Planning Commission" and under Councilmembers Matters add at the end of the first sentence "so they could be discussed and specifically stated her objections to the item which had determined salaries for city employees would no longer be established by ordinance Motion carried 8-0 PROCLAMATIONS BY THE MAYOR Mayor read proclamations on Arbor Day, April 17, 1981, Grange Week, April 19-25, 1981, and Private Property Week, April 19-26, 1981 Mr & Mrs Wardle and many members of the Grange were present to accept the Grange Week Proclamation Members of the Private Property vJeek Co~mittee of the Jefferson County Board of Realtors were present to accept the Private Property Week Proclamation PUBLIC COMMENT There was no one present to speak PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill No 6l - An Ordinance providing for the adoption by City Council of fifteen Quarter Section zoning Maps as the Official Zoning Maps of the City of Wheat Ridge, Colorado; and to provide for the future updating of these maps periodically to indicate the Zoning Changes approved by the City Council of the City of Wheat Ridge, Colorado Council Bill was introduced on second reading by Mr Lewis Ger~ld Boatright, 4315 Wadsworth Blvd, spoke regarding the zoning of a piece of property that showed a different zoning on the map as adopted from Jefferson County as opposed to the maps later adopted by the City of ,meat Ridge This matter will be coming to Planning Commission this week Motion by Mr Lewis for the approval of Council Bill 61 (Ordinance 446); seconded by Mr Bowman; carried 7-1, Mrs Turner voting No because the property lines have not been placed on the map and she feels this will create unnecessary problems in the future Item 2 Council Bill 62 - Repealing Sections 14-34 through 14-37 1 inclusive, and Section 28(A)(19) of Appendix A, reenacting said sections thereby providing definitions for garbage, trash and junk specifying violations relating to garbage, trash and junk, and providing penalties for said violations Council Bill 62 was introduced on second reading by Mr Merkl Mrs Phyllis~ancaster, 4076 Everett, spoke in favor of the bill Dougal Graham, 3330 Chase, Ben Chastain, 3250 Marshall, Ted Foster, 4660 Otis, Howard Long, 4251 Parfet, Leslie Botham, 3380 pierce, andJqildred Tucker~600 Washington Avenue, Golden, spoke in opposition and presented suggested amendments to the ordinance City Attorney Hayes had also attached to the ordinance some suggested illuendments in addition to correction of typographical errors t10tion by Mr Lewis to continue the item until June 3 for the purpose of discussing the proposed amendments; seconded by Mrs Turner; failed 2-6, with Councilmembers Aiello, Bowman, Cavarra, Davis, Merkl, and Ore voting No Motion by tlr Merkl for the adoption of Council Bill 62 (Ordinance 447) on second reading with the following illnendments 1) Page 3 A 1 that following the words "a summons and complaint shall be issued" add "" delete the remainder of the paragraph and add the following "In addition, the City shall be CITY COUNCIL """MINUTES I\pril 13, 1981 pag-e -2- authorized to seek from the District Court an Order authorizing the City to come upon the property for the purpose of removing and/or cleaning up any garbage, trash, junk, construction materials, or any other material defined in Sections 14-34 or 14-35 if the existence or maintenance of said substance or material poses an imminent or immediate threat or danger to the health, safety, or welfare of any resident of, or person within, the City" 2) Page 4 1\ 3 sixth line from the end between the words "empowered to" and "come" add the following wording "seek and obtain a Court Order, based on the grounds described in Section 14-36(A)(1) authorizing the City to" 3) Page 2 Section 14-34(0) third line from the bottom change the word "or" to "of" 4) Page 2 Section 14-35(A) delete the words "or junk" and add the word "or" between trash and garbage 5) Page 2 Section 14 35(0) third line the word "letter" should be "litter"; seconded by Mr Bowman; carried 5-3 with Councilmembers Davis, Lewis, and Turner voting No Mrs Turner stating she is voting No for the many reasons that have been stated during the meeting and also she would have proposed some amendments if she had been allowed to (question was called) Mr Davis stating that he was against the ordinance because he felt it was the beginning of other restrictive ordinances and that the City has plenty of junk and hopes it will be cleaned up Mr Lewis stating he was concerned about the posting, reasons for the widespread times, and some violations are more serious than others Motion by Mr Merkl to move Items 7 to be discussed prior to the Zoning carried 8-0 and 8 ahead of 3 since they need Hearing; seconded by Mrs Ore; Motion to authorize the purchase of an easement from Donna Dunaway, located approximately 100 feet East of 4000 Wadsworth; in the amount of $49,518 Mr Lewis stated that he owned some property on the southwest corner of 38th & Wadsworth and rental property at 39th and Wadsworth, but will vote Mr Davis requested to abstain on Items 3, 7, and 8, in that he and his family own property in the subject area ~equest granted - 7 in favor, Mr Davis abstaining Mr Stromberg gave a brief report on the funding for the public and private project Mr Lewis gave an explanation of the reasons he was opposed to the project as it is proposed, including that he would be ln favor if the merchants want to do it, but is opposed to spending taxpayers' money and sets a dangerous precedent; the costs involved, since the City will pay for their landscaping but ask others to pay for their own; cost of maintenance; the damage to the landscaping by salt, sand, and ice; the proposed light rail that is planned for Wadsworth; and that the amount of increased sales tax is exaggerated Motion by Mr Merkl that $49,518 be encumbered from the 1981 Capital Improvement Fund Budget to guarantee funds for the purchase of the Dunaway/Rider easement to ensure public circulation connecting the northern and southern commercial nodes with circulation immediately in front of the major retail buildings The said amount of $49,518 shall be transferred from account #31-603-800-862 to Account #31-121-800-861 for this purpose; and the City Administrator and City Attorney are directed to prepare a contract between the city and Dunaway/Rider to include the items stipulated above, with the change in Item 7 - delete the word "authorize" and in its place add "consider authorization of" Actual payment will be made when the Tax Increment package is developed; seconded by Mrs Ore; carried 5-2, with Mr Lewis and Mrs Turner voting No; Mr Davis abstaining /\mending Motion by Mrs Turner that Items 4 and 7 be deleted from the list of stipulations to the contract Motion received no second Mrs Turner stated that because there was no second to her Motion and it is wrong to promise the bonds and to give up one easement while purchasing another, she therefore voted no on the final motion Item 7 Item 8 Motion to authorize the utilization of consultant and staff in the needed preparation of plans, legal and financial steps to move forward on the Wadsworth Town Center project, in an amount not to exceed $25,000 Motion by Mrs Ore that the City Administrator be authorized to utilize consultants to assist Staff in the preparation of organizational steps in the Hub project of the Wadsworth Town Center up to $25,000 This $25,000 shall be funded by $9,000 from I\ccount #01-121-750; and $16,000 which will be transferred to Account #31-121-800-861 for this purpose from Account #31-603-800-862 If necessary, planning interns may be used on a temporary basis for this project but using only funds currently available in personnel accounts seconded by Mrs Cavarra; carried 5-2, with Mr Lewis and Mrs Turner voting No, Mr Davis abstaining CITY COUNCIL MINUTES April 13, 1981 Page -3- Item 3 council Bill 63 - An Ordinance providing for the approval of rezoning from Residential-Three (R-3) and Commercial-One (C-l) to Planned Commercial Development (PCD) and approval of an Outline Development Plan on land located at 4020 and 4084 Wadsworth Blvd, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-80-2, Currier) Council Bill 63 was introduced on second reading by Mr ~iello; title read by the Clerk Mr Gidley presented the Case He also had received from the applicant a new "Declaration of Easements", which is consistent with the request made by staff and therefore eliminates their objection to that phase of the project Randolph Currier, 7505 W Yale, Denver, stated that they were in concurrence with the staff's presentation Motion by Mr Aiello that Council Bill 63 (Ordinance 448) be approved with the following condition That alignment No 1 Easement and the eastern Easement (Easement "A") be the only easements shown on the Outline Development Plan and that all references to Easements in the various separate agreement documents reference to only those two easements; and that the approval be for the following reasons Planning Commission recommended approval, request is consistent with the Comprehensive Plan as conditioned above, request is compatible with area land use and zoning as conditioned above, staff has recommended approval with conditions; seconded by Mr Lewis; carried 7 in favor; Mr Davis abstaining Item 6 Council Bill No 60 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-l), Agricultural-Two (A-2), and Residential-One (R-l) to Residential-Two (R-2) for land located at approximately 11305 W 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-80-35, Apple Ridge) Council Bill 60 was introduced on second reading by Mr Aiello; title read by the Clerk Mrs Turner stated that she and her husband own property across the street from the driveway as it now exists and that she had spoken with the City Attorney, who stated that she did not have to abstain ~1r Gidley presented the Case He also stated that the applicant had given notification to the City that they wished to change their application to R-l for the property (EXhibit A) and also that there had been an agreement with Mary Mosley regarding a strip of land needed for access (Exhibit B) Speakers for the applicant were Conrad Gardner, Attorney, 1200 Arapahoe, Golden, and Mark Hodges, KAP Development Services Mr Gardner stated that the majority of the land is presently zoned R-l and that they are requesting the remainder to be zoned R-l rather than R-2 ,James H Mosley, 11325 W 40th l\ve , said that he had no opposition to the R-l zoning request and proposed to dedicate a small pie-shaped piece to the City to assist with the access Mr~ou Ficco stated that he owned the property to the east (six acres) and was proposing to build one residence on the property and objected to the Planning Department requirement that he dedicate and build a 25-foot street the full length of the property, for a portion of the access street Mr Hayes suggested this be discussed outside of the meeting since it did not pertain to this hearing Motion by Mr Lewis to suspend Council Rules of Order and Procedure-and continue past 11 00 P m and finish the agenda; seconded by Mr Davis; carried 8-0 Motion by Mrs Turner to approve Council Bill No 60 (Ordinance 449) with the amendments to reflect the change to R-l Zoning; for the reasons that this approach has been recommended by staff, there is no opposition, it is totally compatible with the neighborhood, and the change has been requested by the applicant; seconded by Mrs Cavarra; carried 8-0 Mrs Cavarra left the meeting due to illness Item 4 Council Bill No 64 - An Ordinance repealing and reenacting Section 18-31 of the Code of Laws of the City of \~eat Ridge relating to salaries to be paid to members of the Classified Service Council Bill 64 was introduced on second reading by Mrs Ore; title read by the Clerk Motion by Mrs Ore to approve Council Bill 64 (Ordinance 450) on second reading; seconded by Mr Davis; carried 7-0 CITY COUNCIL ~I~UTES April 13, 1981 Pa':7'- -4- Item 5 Council Bill No 65 - An Ordinance amending section 12-2 Model Traffic Code -- Amendments, Additions, ~10difications and Deletions, of the Code of Laws of the city of Wheat Ridge bv repealing ordinance No 436 previously enacted by the City Council of the City of Wheat Ridge, and by adding to section 12-2 Amendments to Section 12-3, Parking Privilege for the Handicapped of "The Model Traffic Code for Colorado Municipalities", 1977 Edition, previously enacted by the City of \iheat Ridge, and providing a penalty for violation Council Bill 65 was introduced on second reading by Mr Merkl; title read by the Clerk Motion by Mr Merkl for the adoption of Council Bill 65 (Ordinance 451) and order it published; seconded by Mr Bowman; carried 6-1, with Mr Lewis voting No Item 9 Resolution No 732 - Authorizing the City to initiate condemnation proceedings in order to acquire portions of the Herr property located at 10200 W 38th Avenue in Wheat Ridge Motion by Mr Davis for the adoption of Resolution 732; seconded by Mrs Ore;-Carried 7-0 Item 10 Consent Agenda A .Authorize the Mayor to sign "Petition for Inclusion of Lands" (as regards Ye Olde Fire Rouse) to merge the Columbia Gardens Water District into the Wneat Ridge Water District B Council Meetings May 4, 1981 - To be a regular meeting and include the ------- 1981 Street Program ~ay 11, 1981 - As usual ~!~L_~~__~981 - Due to May 25, Memorial Day Holiday Motion by Mr Merkl to approve the Consent Agenda as printed; seconded by Mrs Ore; carried 7-0 CITY ADMINISTRATOR'S MATTERS rr-Mr Palmer called attention to the Tussock Moth program; our share would be $950 00; it would be to identify, survey, and spray for the moth on City property Council gave their approval 2) Arvada Center has requested scheduling time for presentation, requesting money to assist the Center It has not been Wheat Ridge policy in the past to give such donations and Council suggested they not come in 3) Council was asked if they wished to have the Spring Clean-up this year (yes) and also to give him any suggestions for handling the program CITY ATTORNEY'S MATTERS Mr Hayes stated we need an Executive Session Motion by Mrs Ore that we hold and Executive Session under Items 5 7(b) 1 A and 5 7(b) 3 re Real Estate Appraisals and Litigation; seconded by Mr Aiello; carried 7-0 COUNCILMEMBERS' MATTERS Mr Lewis brought up that Golden puts their traffic lights on flashing after 10 00 P m on some, but not all of their streets, and asked if we could look into such a program Mrs Turner stated that she would ask staff to bring back a proposal with projected savings and the possibility of turning traffic lights off late at night Mr Aiello asked that Mr Hayes bring in a Cable Television Ordinance Mrs Ore commented that she and Mr Hayes had been to a CATV wor~ session and would like Mr Hayes first to present what they had learned Consensus that Mr Hayes bring an Ordinance whenever it is ready Mr Merkl asked to congratulate the Kiwanis and Parks and Recreation Department on their Easter Egg hunt EXECUTIVE SESSION WAS HELD Meeting adjourned at 11 55 P m \ ; ) ~ ~ df~/ ~~) ~6'//ft{t . _______________.__ ---H---r-----..----.------- Carol F Hampf, City Clerk CFH chj APPROVED