HomeMy WebLinkAbout07/13/1981
July 13, 19d1
CIry COUNCIL iINUTES
CITY OF \'lHEAT RIDGE, COLORADO
The City Council Meeting was convened by the Mayor at 7 30 P m
Councilmembers present Pat Aiello, Bill Bo~nan, Mary Jo Cavarra, Kent
Davis, Ken Lewis, Larry Merkl, Kay Ore, and Louise Turner Also
present City Clerk, Carol Hampf; City Administrator, Torn Palmer; City
Attorney, John Hayes; Department Heads Charles Stromberg and Hugh
Brown; staff, and interested citizens
Motion by Mr Merkl for the approval of the Minutes of June 22, 1981;
seconded by Mr Davis carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
A
Ordinance No 363 - An Ordinance providing for the
approval of rezoning from Hospital-Two (H-2) to
Residential One (R-l) for land located at approximately
3400 Dudley, City of Wheat Ridge, County of Jefferson,
State of Colorado (Wheat Ridge Foundation) (Case No
\IZ-79-7)
B Application by Wheat Ridge Foundation for approval of a
Final Plat on property located at approximately 3400
Dudley Street (Case No WS-79-l)
A Ordinance was introduced on second reading by Mrs Cavarra; title
read by the Clerk Mr Stromberg gave the staff report, including that
this Ordinance had been tabled at the applicant's request in 1979 It
had been off the Table and referred to Planning Commission, who
concurred that the Plan was consistent with the original actions Doug
Wollard, of the Wheat Ridge Foundation, 8320 W 38th Ave , was present
and sworn in There was no one in opposition Motion by Mrs Cavarra
for the approval of the Ordinance on second reading for these reasons
The zoning to Residential-One would be compatible with surrounding land
uses and conforms to the Comprehensive Development Plan, Planning
Commission and staff recommend approval, and with the stipulation that
the acreage shown on the last line of the legal description be changed
to "2 522" acres; seconded by I-lr Davis; carried 8-0
B) 1,1r Stromberg asked that the documents be enterecl into the record
with minor technical adjustments to the plat map Motion by Mr Davis
that Case No WS-79-1; Wheat Ridge Foundation, a request for an
eight-lot subdivision at approximately 3400 Dudley Street, be approved
for the following reasons All subdivision requirements have been met,
Planning Commission and staff recommend approval, and that the
corrections given by Mr Stromberg be shown; seconded by Mrs Cavarra;
carried 8-0
Item 2
Application by Monarch Equipment Company (formerly
Gardner-Denver Inc ) for approval of an amendment to a Final
Development Plan (Industrial) to allow outside storage of
equipment at 9850 So 1-70 Service Road (Case No WZ-81-5)
Mr Stromberg gave the staff report He stated that a drainage plan has
been submitted and approved by Public Works John Kosenski, 3995
Chipaway Drive, Boulder, General Manager, was present to speak for the
Company L1otion by Mr Merkl that Case No WZ-81-5, a request by
Nonarch Equipment for approval of an amendment to a Final Development
Plan to allow outside storage of equipment, be approved for the
following reasons Planning Commission and staff recommend approval,
storage of equipment is an allowed use in the industrial district, and
an 8 foot privacy fence will sufficiently buffer the equipment from
surrounding area and uses, with the provision that no fuels be stored in
this area; seconded by Mrs Ore; carried 7-1 with Mrs Cavarra voting
No, stating that she felt the fence would not adequately screen the 10
foot high equipment and this use downgrades the entire area of nice
residences
CITY COUNLIL MINUTES
July 13, 1981
Page -2-
Item 3
Application by Apple Ridge, Inc for approval of a Final Plat
on property located at approximately 11305 West 38th Ave
(Case No WS-80-2)
l'lr Gidley gave the staff report and indicated that a deed had been
received from Mr Mosely; also that street plans have been submitted to
the Public Works Department, but have not been approved as yet Mr
Hayes stated that he had a recorded deed but would like to make its
acceptance conditional to proof of good title since it is a Quit Claim
Deed Narcus Hodges, 6905 W Colfax, Engineer with KAP, and Jim Rogers,
3875 Robb Street, were present to speak in favor Mr Rogers requested
that curb and gutter not be required on 40th Ave at this time Motion
by Mr Merkl that Case No WS-80-2, a request for approval of a Final
Plat on property located at approximately 11305 W 38th Avenue, be
approved for the following reasons A The final Plat is consistent
with the approved Preliminary Plat B Planning Commission and staff
recommend approval, and with the following conditions 1 Street Plans
be submitted and approved ny the Public Works Department before any
Building Permits are issued for this Subdivision 2 All curb, gutter,
and sidewalk be installed at the time of development with the exception
of 40th & Robb, and that a Development Agreement be worked out 3 To
accept the Deed presented to the City this evening, and 4 that the
concrete cap or curb be placed on the east side of Queen Street;
seconded by Mrs Cavarra; carried 7-l with Mr Davis voting No Failed
Motion by Mr Lewis that curb and gutter be put on 40th with drop boxes;
seconded by ]\lrs Ore; Fai led 4-4, with Counci Imembers t-lerkl, Bowman,
Cavarra, and Turner voting No Mrs Turner stating that she felt it
would cause problems and was against the wishes of the neighborhood
Item 4
Council Bill 73 - An Ordinance providing for the issuance and
sale of the City of Wheat Ridge, Colorado, Industrial
Development Revenue Bond (Kipling Ventures, Ltd , project)
Series 1981, in the principal amount of $4,400,000; and
approving the form and authorizing the execution of certain
documents relating thereto
Council Bill was introduced on second reading by Mr Davis; title read
by the Clerk ~otion by Mr Davis for the adoption of Council Bill No
73 (Ordinance 446) on second reading and order it published; seconded by
Mr Bowman; carried 5-3, with Mrs Cavarra, Mrs Turner, and Mr Lewis
voting No Mrs Turner voting No because she felt the applicant could
arrange conventional financing and did not need a subsidy and there is
excess office space in the City Mrs Cavarra stating that she felt
there was minimum tax benefit merits in this IRB
ORDINM,CES ON FIRST READING
Item 5
Council Bill 74 - An Ordinance repealing and reenacting
Chapter 21A of the Code of Laws of the City of Wheat Ridge
pertaining to the issuance of a permit or permits for a Cable
Television System in the City; setting forth conditions
accompanying the granting of such permit or permits; providing
for regulations and use of the Cable Television System; and
providing penalties for violations thereof
Council Bill was introduced on first reading by Mr Aiello; title read
by the Clerk Motion by Mr Aiello that Council Bill 74 be approved on
first reading, ordered published, public hearing be set for Monday, July
27, 1981 at 7 30 P m in City Council Chambers, Municipal Building, and
if approved on second reading, take effect 1 day after final
publication seconded by Mrs Ore carried 8-0
Itelll 6 Council Bill 75 - An Ordinance providing for the approval of
Rezoning from Residential Three (R-3) to Restricted
Commercial-One (RC-l) with a conditional Site Plan for land
located at approximately 12779-~1 West 31st Avenue, City of
Wheat Ridge, County of Jefferson, State of Colorado (T A
Sampson) (Case No WZ-81-8)
Council Bill was introduced on first reading by Mr Merkl; title read by
the Clerk Motion by !1r lvlerkl that Council Bill 75 be approved on
first reading, ordered published, public hearing be set for Monday,
August 10, 1981 at 7 30 P m in City Council Chambers, Municipal
Building, and if approve a on second reading, take effect 1 day after
final publication; seconded by Mr Lewis; carried 7-l, Mrs Turner
voting Nu, stating that she was voting No in support of the Planning
Lommission
CITY COUNCIL MINUTES
,July 13, 1981
Page -3-
Item 7
Council Bill 76 - An Ordinance providing for the approval of
Rezoning from Agricultural-One (A-I) to CO~uercial-One (C-l)
for land located at approximately 4200 Parfet Street, City of
Wheat Ridge, County of Jefferson, State of Colorado
(J J Trainer, LeRoy D Michael and Mary Michael)
(Case No WZ-8l-1)
Council Bill was introduced on first reading by Mr Aiello; title read
by the Clerk Motion by Mr Aiello that Council sill 76 be approved on
first reading, order published, public hearing be set for Monday, August
10, 1981 at 7 30 P ill in City Council Chambers, Municipal Building, and
if approved on second reading, take effect 1 day after final
publication; seconded by Mr Merkl; carried 7-1, with Mrs Turner voting
ilo, stating she wanted to uphold the decision of the Planning
Commission
Item 8
Council Bill 77 - An Ordinance amending Section 20 of Appendix
A, Planned Co~nercial Development District, of the Code of the
City of Wheat Ridge, Colorado
Council Bill was introduced on first reading by Mr Davis; title read by
the Clerk Motion by Mr Davis that Council Bill No 77 be approved on
first reading, ordered published, public hearing be set for Monday,
August 10, 1981 at 7 30 P m in City Council Chambers, Municipal
Building, and if approved on second reading, take effect l5 days after
final publication; seconded by Mr Bowman; carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Consent Agenda
Item 9
A Motion to approve development of Wildlife Habitat in NW
quadrant of Crown Hill Park as outlined by Ray Printz
on July 6, 19.31
B Approval of Special ~vents Permit for m1eat Ridge
Carnation Festival (3 2% Beer License) and approval to
use High Court north of 38th location on August 21 and
22, 1981
C Approval of Coors Greenbelt Lease for a 25-year term
Section C was requested to be taken off the Consent Agenda
Mr Bowman to approve the Consent Agenda Items A and B as
seconded by Mr Aiello; carried 8-0
Motion by
printed;
Item C - Motion by Mr Merkl to approve Lease with Coors as printed;
seconded by Mr Aiello; carried 7-1, with Mrs Turner voting No, because
she would have wished a week's postponement and should be allowed time
for discussion of the Lake area l1r Lewis stated that he would like to
have seen the deletion of the last paragraph in Section 3 on Page 1, but
would vote for the lease anyway (Lease had been discussed at the
previous week's study session)
Item 10
Authorize Mayor to sign Amendment to Agreement for Engineering
Services during Construction of Lena Gulch Improvements,
Schedule I; (amended to include Schedule II throuqh VI)
Agreement No 80-6 78 (This Agreement amends Aqreement No
80-6 7 dated August 12, 1980 and Agreement No 80-6 7A, dated
February lO, 1981, with UDFCD
Motion by Mrs Cavarra to postpone the Iteru and ask Urban Drainage and
the Engineers for documentation as to the extra amounts requested, then
the staff to review the documentation and give recommendations; seconded
by Mrs Ore; carried 8-0
CITY COUNCIL MINUTES
July 13, 1981
Page -4-
MAYOR'S 11ATTERS
l) Mayor Stites asked a review of the curb and gutter policy as pertains
to the $75,000 we appropriated for replacement If the City should pay
luO% of the cost or as a change of policy to share the cost of
replacement 50-50 with the homeowner Motion by Mr Lewis that the
$75,000 appropriation for sidewalk replacement is used that the cost be
shared 50-50 with the City and with the homeowner with the exception of
the removal of the old sidewalk; the City would pay 100% for that;
seconded by Mr Davis; carried 6-2, with Mrs Ore and Mrs Turner voting
No
2) That the Harlan Street Drainage project is under construction
CITY ATTORNEY'S i1ATTERS
1) That the Weller hearing will be tomorrow (July 14, 1981) Weller's
attorney had offered to split the difference between their appraisal of
$18,200 and our appraisal of $5,730, making th cost $11,965 plus pay
their attorney fees of $1,500 tIe recommended against accepting this
offer Council concurred
2) Since the new law passed by the legislature regarding the majority
needed to pass Board of Adjustment cases and also Use Variance Changes,
he would like a meeting with the Board of Adjustment to study this on
August 3, 1981
3) A recent US Supreme Court ruling under the Civil Rights Act states
cities are not subject to punitive damages but officials individually
are
4) That 4 property owners on 38th Avenue near the Lena Gulch
Improvements are concerned about their non-registered irrigation wells
being low or dry and are asking remedial work He stated he is
sympathetic with the owners, but feels we should stand with our
engineers Motion by Mr Davis to have Mr Hayes get together with
their attorney and handle it; seconded by Mr Lewis, carried 6-2, with
Mrs Ore and Mrs Turner voting No
COONCILMEMBERS' MATTERS
Mr Lewis 1) asked that service requests that have been handed in be
responded to, and 2) Status on the Street Program, and 3) Status on the
warranty on the roof of the swilwning pool
Mr Davis asked clarification of Mr Hayes' memo of July 9 regarding
Cable Television Mr Hayes said that when the operators put on
demonstrations and are offered tours the Council and/or citizens
committees should go as a group
Mrs Cavarra was concerned about the damage to the spruces by Tussock
Moths and requested a report from the Arborist
Mrs Turner 1) requested an Agenda item on the Hayward property
Council Concensus was not to have it on the Agenda 2) She requested a
monthly report showing all of the service requests from all the Council
people Council Concensus was that they wanted a report back on their
own requests only
Meeting adjourned at 10 37 P m
, ' (. ( (J ,
Carol F Hampf,
CFH ; ch j ;
l / / )) ,/
City Clerk
APPROVED