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HomeMy WebLinkAbout05/18/1981 rv!~y }_~,-_~_~~_l CITY COUNCIL MINUT~S C);TY_Q.L\ifi~~'r _ R}}?_~~'--_~Cl~ORAD'J The City Council MeetinJ was convened by the Mayor at 7 30 P m Councilmembers present Pat Aiello, Bill Bowman, l'1arj Jo Cavarra, Kent Davis, Ken Lewis Larry Merkl, Kay Ore, and Louise Turner Also present Deputy City Clerk, Faye Greene; City Z\dministrator, TOj!1 Palmer; City Treasurer, ,James f1alone; City Attorney, John Hayes; Department Heals Charles Stromber) anl Rodger Young; interestel citizens Nl~~i_~Yl by r1rs by f'lr BO'Nman; Ore for approval of the Minutes of May 11, carried ;3-0 1981; seconded PUBLIC CO]vllvIEc~T f'lrJames H Mosley, 11325 W 40th, spoke reqarJing correspondence In objectlo;'--to--tri-e-possible extension of 40th Avenue ~ statin::l it \"as not intended as a petition, but rather a request for the opportunity to participate in planning with regards to this street The Mayor stated that when the public hearing comes up on the Agenda, there will be time for input from the neighborhood -----_._---_._-~- -- ----- -"-- ----------- ,~ - --------..--- - - ------.--- PUBLIC clEARINGS AND ORDH\lANCES ON SECOND REi-\DING Item 1 Council Bill No 70 - An Ordinance providing for the apcroval of rezoning from Residential-Three (~-3), Restricted Commercial-One (RC-l), and Commercial-One (C-l) to Commercial-One (C-l) with a conditional site plan on land located at approximately the NW corner of West 38th Avenue and Sheridan Boulevard, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-81-7) (Marquette Properties) Council Bill No 70 was introduced on second reading and the title read by the Deputy City Clerk Mr Stromberg gave staff comments, entered documents into the record, and showed slides of the area 3eorge Holley, l3949 \'i'est Colfax 1-\ve , Golden, attorney for the applfcant, and James-Sullivan, 1624 Market Street, Suite 202, Denver, developer, were presentiina-sworn in They stated that all requirements had been met UP to this point Shirley Short, 4040 Ames Street, and Odell Orr, 4065 Ames Street, were-present-anrl sworn in They voiced thefi-W-ishes and concerns that the access road, that is now open, be closed permanently Raymond F Lutz, 1975 Dover, was concerned as to whether or not the fence at--the end of the houses being torn out woulj remain Council concerns regarded noise buffering, fencinq, and landscaping Motion by [vIr Bowman that Council Bill No 70 (Ordinance 455), a request--ior-a: change of zone from C-l, R-3, and RC-l to C-l with a site plan, be approved for the following reasons 1) The proposed zoning is consistent with the Com~rehensive Plan and is compatible with surrounding land use and zoning; 2) Control of all parcels has been assured; 3) Staff recommends approval; 4) Planning Commission recommends approval; 5) All zoning requirements have been met; seconded by Mr Davis; carried 8-0 ORDIN&~CES ON FIRST READING Item 2 Council Bill No 71 - 1-\n Ordinance providing for the approval of rezoning from Residential-One (R-l) and Commercial-On'2 (C-l) to Planned Commercial Development (PCD) and approval of an Outline Development Plan for land located at approximately the sout~east corner of Kipling Street and West 38th Avenue, City of ,meat Ridge, County of Jefferson, State of CJlorado (Case No WZ-81-2) (Einarsen) (Appeal from Planning Commission Denial) Council Bill No 71 was introduced on first reading and the title read by the Deputy City Clerk Motion by Mr Davis that Council Bill No 71 be approved on first reading;--or Jered published, public hearing be set for Monday, June 22, 1981, at 7 30 P m in Citj Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mr 1-\iello; carried 6-2, with Mrs Ore and Mrs Turner voting No CITY COUNCIL MINUTES May 18, 1981 Page -2- DECIS~QNS ~RESOLUT:I~ONS, AND r:!O'rI~~~ Item ~ I\greement authorizing City Treasurer to obtain Corporate Cash Management Service Mr Jim Malone, City Treasurer, was present to answer questions regarding-fhe-proposed repurchase aqreements with the Bank of I\pplewood, La.keside National, and FirstBank of Ilheat Ri'ige, and said that earnings to date amount to $262,664 At this point the Mayor st~ted that he was a member of the Board of Lakeside ~ational Bank and wished the record to reflect this Discussion ensued regarding minilnum requirements, service charges, and earned interest Motion by Mr I\iello that the Mayor be authorized to sign the Repurchase~greements with the Bank of Applewood, Lakeside National Bank, and FirstBanK of Wheat Ridge; seconded by Mr Merkl; carried 8-0 Item 4 Request by Planning Co~~ission to attend CML Conference in Northglenn Mrs Turner felt it mi}ht be the year to have other Commissions attend since~he-conference is in North}lenn; that there might be items on the agenda of interest to other jepartments and that the money requested might be used for registration for these additional persons Councilmembers indicated a desire to have ~,1r Palmer check this possibility out further Motion by Mr Merkl that the City Administrator be authorize~to pay a $40 registration fee for Committee/Commission members in the City up to $500 maximum for total number of members who wish to attend the CML Conference in Northglenn, and charge it from Account No 01-607-795 to I\ccount No 01-121-702; seconded by Mrs ore; carried 8-0 Motion by Mr Aiello to transfer $500 to cover the cost of five additional-Planning Co~nission members to attend and have the City Administrator recommend others he thinks should attend; Failed for lack of a second Item 5 Motion requesting Planning Commission to review and amend Appendix A, Section 27 2 - Landscaping requirement as pertains to new and existing developments Motion by fvlr Aiello, that on the recommendation of the Cowmunity Development Committe, City Council direct Community Development Department, City I\ttorney, and Planning Commission, to write a new landscape ordinance, incorporating the following Reduce 20' front landscape requirement along 44th, 38th, Wadswort~, and Kipling, to 10' reduce landscape requirement to 10% of land area, that the City Right-of-Way can be used as part of the requirement, if it is safe to do so; existing buildings that remodel, and do not increase square footage, would use the same requirements, except landscaping could be waived, if it meant losing any parking; and any other changes that will simplify the enforcement of this ordinance This ordinance to be back to City Council for first reading by July 20, 1981 The staff and City Attorney will have to work closely with the Planning COlnmission to achieve this; seconded by Mrs ore; carried 6-2, with Mrs Cavarra and Mrs Turner voting No, for the following reasons No back}round material on this; not in conformance with city beautification intent; those who need landscaping the most will probably not do it unless the ordinance stands as is Item 6 ~~~~~~~_~gend~ A) 110tion to approve final payment to Brannan Sand & Gravel for 1980 Street Program B) Appoint Thomas Macaluso to Parks and Recreation Commission- term to expire on 3/2/84 Mot~~~ by Mr Merkl to approve the Consent Agenda as printed; seconded by Mr Bowman; carried 8-0 CITY ATTO~~EY'S i~TTERS Upcoming trial dates re condemnation matters June 11, 1981 hearing on Herr property; June 23, 1981 Crown Bill trial; July 14, 1981 Weller condemnation; July 28, 1981 Blevins Mr Hayes will not be present on June 8, as he is attendin} the American Bar Association Seminar CITY COUNCIL 1I~UTES !1ay 13, 1981 Page -3- He said the IJ S Supreme Court will hear the case of the City of Boulder vs a Cable TV operator, which will determine if Home Rule Cities are subject to any anti-trust liability relatinq to ~able TV franchises Contributions toward the Defense Fund would be welcome, as litigation on this particular case is extremely expenslve COUNCILMEMBERS' MATTERS i'1r Lewis stated the Fire Board woull like Council to reconsider the Fire-Code Ordinance (No 454) passed May ll, 1981, especially with regard to Section 8-5 Fire Chief willis was present for questions by Council, stating the Fire Department was not asked for incut on this and would like an established ordinance for "long-term use", and plans on all public buildings to check against their Code for life saving features Council concerns were as follows 1) present ordinance is a good working ordinance; 2) our Builling Inspector gets input on new constructions, remodelings, etc to pass on to Fire Department 3) this could be handled administratively with a directive that staff and the Fire Department could work without going through public hearings Most would vote against reconsideration, but support a motion that would ask for an ainendment 11r Hayes said he would be happy to sit down with Messrs Prose, Palmer, and Willis and, on a staff level, try to determine all concerns, as he would not like to see action on the Fire Code suspended Council in general concurred M~tion by Mrs Turner that the matter be referred to staff for an amending ordinance, which would be discussed with Mr ~illis, the Arvada Fire Chief, and any members of the Fire Board who wish to take part; seconded by ~1r Bowman; carried 8-0 Mrs Ore said the Postal Survey went out on the 15th and answers have already-been received Mrs Cavarra would 1) like to see something done with the Hart Estate alongjthe-lines of restoration, which would make the building functional; 2) is concerned about Lena Gulch at Kipling and would like to see everything possible done to correct the existing situation Meeting adjourned at 9 15 P m ~ ~ '/y-J.~ rFay:~~~f-=fl~i-cferT- FG/chj APPROVED M~y 11 0_9fU: CITY COUNCIL MINUTES CITY ~~_ Wli~AT _ RIDG~~__~C~LO~~~Q The City Council .Meeting was convened by the Mayor at 7 30 P m Councilmembers present Pi'it Aiello, Bill Bowman, ~1ary Jo Cavarra, 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 Head, Charles Stromberg; staff; and interested citizens M~tion by Mr Aiello for the approval of the ~1inutes of ['lay 4, 1981; seconded by Mr Davis, carried 7-1, with Mrs Turner votin0 No PROCLAMATION re MENTALjEMOTIONTAL HEALTH AWARENESS MON'rH - MAY 1981 _ was read by the Mayor; accepted by Dorothy Thompson and Lois Salo--- PRESENTATION OF "OFFICER OF THE QW\RTER" was made to Detective Kirby by Bob Reischman-and--::Tiiu Wooley ------- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill No 68 - An Ordinance repealing and reenacting Sections 17-1 and 17-2 of the Code of Laws of the City of ~fheat Ridge, adopting by reference the ICBO Plumbing Code, 1979 Edition, providing for certain amendments thereto, and providing penalties for violation thereof Council Bill 68 was introduced on second reading; title read by the Clerk Motion by Mr Aiello for the adoption of Council Bill 68 (Ordinance 453); seconded by Mr Davis; carried 8-0 Item 2 Council Bill No 69 - An Ordinance repealing Sections 8-l, 8-5, 8-6, and 8-7 and reenacting Sections 8-1 and 8-5 of the Code of Laws of the City of Wheat ridge, adopting by reference the Uniform Fire Code, 1979 Edition, copyright 1979, providing for certain amendments thereto, anu providing penalties for violation thereof Motion by Mrs Turner that Council Bill 69 be brought up for second consideration and be approved on second reading (Ordinance 454); seconded by Mr Aiello; carried 8-0 Item 3 Application by Blatchley Associates, Inc for approval of a Final Development Plan in an Industrial District on property located at approximately 12200 ,vest 52nd Avenue, Wheat Ridge, Colorado (Case No WZ-80-29) Staff report was given by Hr Stromberg Applicants present and sworn In were Fred Ladd, 3813 Wright Street; Edwin Hastings, 2519 Ward Drive; and Joe Parden, 2500 willow Lane Mr Ladd asked that since the Valley Water District will be opening the bids and starting construction on the water lines, Blatchley Associates would like permission to have their building permit issued, start construction, and the certificate of occupancy not be issued until the water lines are completed Mr Stromberg indicated that this would be all right with him Motion by Mrs Ore that Case No WZ-80-29, a request by Blatchley Associates, Inc for approval of a Final Development Plan on property located at approximately 12200 West 52nd Avenue, be approved for the following reasons Planning Commission recommended approval and all zoning and subdivision requirements have been met; with the following stipulation, that a building permit be given to build on Lot No 2 with a certificate of occupancy not being given until the water construction has been completed; seconded by Mr Davis; carried 7-1, with Mrs Turner voting No, stating that her reason was because the project is incompatible with the residential neighborhood to the east, north, and northeast CITY COUNCIL MI~UTES t1ay 11, 1981 Page -2- Item 4 Application by Independence Ltd , for approval of a 3-1ot Minor Subdivision located approximately at the southwest and southeast corners of West 49th Avenue and Independence Street, Wheat ~idge, Colorado (Case No ~S-81-1) I1r Stromberg gave the staff report Jerry York, Consulting Engineer for the owners, and Bob Thompson, general partner, 155 S J'1adison, were present representing the applicants Motion by Mr Bowman that Case No MS-81-1, Independence Executive Park, a-three lot minor subdivision located at the southeast and southwest corners of West 49th Avenue and Independence Street be approved for the following reasons and with the following conditions ~) staff recommends approval; B) Planning Commission recommends approval; C) a $75 per lot fee in lieu of a land dedication; seconded by Mrs Ore; carried 8-0 Item 5 Application by Clete Donahue for approval of a Final Development Plan in an Industrial District and Replat Lot 2, Nicholas Gardens Subdivision, on property located at approximately 4980 Van Gordon Street, Wheat ~idge, Colorado (Case No WZ-80-15) Mr Stromberg gave the staff report Clete Donahue, 80 Holland Street, Dick Housman, Engineer, 3211 S Tamarac Drive, were present representing the applicants Motion by Mr Merkl that powderhorn Park - Final Industrial Developmen~Plan and Plat be aDproved with the modification that a 25 foot wide street dedication with an additional 5 foot utility easement be shown extending along the northern boundary instead of the 30 foot ingress/egress easement as currently shown; seconded by Mrs Cavarra; carried 3-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 Motion to remove Ordinance 363 from the Table (at the applicant's request) and ask Planning Commission to review their previous recommendation Motion by ~1rs Cavarra that Ordinance No 363 Series of 1979, be brought back from the Table and that the cases (WZ-79-7, and WS-79-1) b~ referred back to Planning ComInission for their comment prior to scheduling a public hearing; seconded by Mrs Ore; carried 8-0 CITY ATTO~~EY'S ~~TTERS Mr Hayes said that 1) the order had been received from Jefferson County District Court regarding the dismissal of the Cheryl Wood law suit and 2) that Covenants had previously been signed ~vith County Open Space and one is being asked also for the Senior Center property He feels that it would be appropriate for the Mayor to sign this Covenant COUNCILMEMBERS' MATTERS Four items were requested for future meetings 1) stucly a pOlicy on street dedications; 2) develop a master street plan; 3) study of a policy on petitions; and 4) staff recommendations as to what to do or what not to do with the surplus monies from the Harlan Street project Meeting adjourned at 9 00 P m ~~/ l / // ~.;--;., ----:-J /, (=L~"-_?' C C{(_l__ ~ _--"-ij?\~~/:--- Carol F Hampf, City C~~~--- CFU; chj; APPROVED ~;,Id/)I