HomeMy WebLinkAbout05/18/1981
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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
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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
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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
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Carol F Hampf, City C~~~---
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APPROVED ~;,Id/)I