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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