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HomeMy WebLinkAbout08/10/1981 ~u gu S t_~ ~~----l9 t3J-_ Clri CUUNCIL WI~UTL3 CIT'1 OJ:;'vJHEAT RIDGE, COLORAuO -----. -_..~-------~._-----_.- The Llty Cou~cil Meeting was convened by the Mayor at 7 30 P n LouncllmelObers present Pat Aiello, Bill \3owI~an, clary Jo Lavarra, Kent Davis, Ken Lewis, Larry Merkl, Kay ure, and Louise Turner Also present City Clerk, Carol Hampf; City Treasurer, Jim l-lalone; Ci ty Administrator, 'fOEl Palmer; city Attorney, John Hayes; Department Heads - Hugn Bro"n, Eu Pinson; staff and interested citizens Mution by Mr Davis to approve the ninute~ of July 27, 1)81; secondeu Dy :'lr bOWI,lan carried 8-0 PUBLIL CUlMLi\JT Pau~Gullltlan of the Hass Transl t COI,lllli t tee gave a report on the vJheat Ridge weekend shuttle bus To uate, 143 passengers have been serveu witi1 many repeat customers PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Hill No 74 - An Oruinance Repealing anu Reenacting Chapter 21A of tne Code of Laws of the Lity of Wheat Ridge Pertaining to the Issuance of a Permit or pennits for a Cable Television 3ystem in the City; Setting Forth Conditions AccompanYlng the Grantlng of 3uch Permit or Permits; Providing for Regulations and Use of the Cable Television System; and Providing Penalties for Violations Thereof (Postponed for amendment anu declsioll on 7/27 /f31) funended lllotion for the approval of Council tlill No 74 (Ordinance No 457) vn th tiw alllendment that section 21A-ll, State of the Art, paragraph 1 be deleted, anJ ill itc, place read, "Permittee shall upgrade its facili tles, e,:!uiplaent and service so that its system is as auvanced as the current state of technology will allow so that, at all times, Permittee's caule system shall be no less advanced than any other system (excluuing pilot or demonstratlun systems) operated by Permittee or directly or indirectly oy Permittee's parent organization in any crnnmunity of crnnparable size and density, and with crnnparable u~nographic and cowpetitive factors; ',vitllin a lOO mile radius of the City of dlleat Ridge" (includes amendrllents requested at public hearing of July 27) Original motion oy Mr Aiello; seconded by Mr Bowltlan Amending L10tion uy (vIr ["Jerk I ; seconded by 1'lrs Ore; carried 5-3 with l'lr dowman, 'Jr Aiello and drs Turner voting No notion as amended carrieu B-O Itelll 2 Council Bill Nu 78 - An Ordinance Establishing the Salary for the Electeu Pusitions of Mayor, M~nbers of city Council, City Clerk, and City Treasurer of the Ci ty of IJheat Ridge During the Term of office COlluilencing dovember :), 19d1, anu Enuing NovemDer l4, 19J3; Repealing orJinance 353, 354, 355, and 356 and Providing for an Automatic Repeal and Termination ot this l)rdinance Motlorl by Mrs Ore ttlat Council Bill,\!o 78 (Onlinance No 458) ue approved on second reading seconded by Mr Davis; carried 7-l 'vi th Mr Lewi s votl ng No 010ti on to amend by nr Lewi s that the City Treasurer's salary remain- as it is witll no raise, which would be appruximately one-haIr or tlle City Lled,,' s salary; lilotion received no second Mr Aiello suggested that, at a future study session, Councll consider a possiDle Charter alllendment requiring a uinimUJil criteria for qualifications for a City Treasurer LIT'i COUrJLlu.- HNUTJi:S August 10, 1931 PaC]<>- -2- Itel;) 3 council Bill L-Jo 77 - An Onlinance AElending Section 20 of Appendix A, Planned Co~nercial Development Distrlct, of the Code of tIle city of Wheat Ridge, Colorado .lution by r.1r (Ordinance Nu Davis 459) for the adoption of Council Bill No seconded by Mr Aiello; carried a-o 77 Ite@ 4 A An urdinance Providing for the Approval of Rezonlng From Agricultural-One (A-l) To Commercial-une (e-l) for Land Located at Approxlmately 42UO Parfet Street, City or Wheat Ridge, County of Jefferson, State of Colorado (Case No 'vVZ-81-l, errainar and ~lictlael - Appeal from Planning CaHlLlission denlal) B Application by J J Trainor and LeRoy Hichael for Approval of a Special Use Permit to Allow the Operation of a Garage for Repair of Motor Vehicles Entirely Wlthin an t:nclosed Building Located at 4200 Parfet Street (Case No SUP-Ul-l) dotlon by l'lr Aiello to continue this case until September 28, il.t the applicants' request and that it be posted; seconded by Mrs Ore; carried 8-0 Item 5 council Bill J:~O 75 - An Ordinance providitl':J for the Approval of Rezoning From Residential-Three (R-3) To 1<.estricted Cormaerclil.l-One (RC-l) \'I'i tll a Conditional Site Plan for Land Located at Approximately l2779-Bl West 3lst Avenue, City of \fueat Ridge, County of Jefferson, 3tate of Colorado (Case No ~Z-8l-3, Sampson - Appeal frol,l Planning Commission denial) Hr 3idley gave the staff report Mr T A Sampson and Caroline Sampson, 1290 SOUtl1 Lininger Drive, Golden, applicants, vlere present to speaK In tneir behalf Marilyn Martin, 3150 Xenon, Dorothy RlCh, l26~5 W 31st, Lawrence J Braley, l2620 W 31st Avenue, anu rl10mas J Patrick, 12625 Iv 31st }\.venue, were present anu spoke in oppositlon r10tion by I"ir Aiello that Council Bill No 75 De approved for tne following reasons and with the followlng conditions rl1e request is consistent wlth the Comprehensive Plan; the site plan submitted as a condition to the zOlllng, provides aclequate buffering anu other safeguards to prutect adjacent residential uses a conuition that all drainage frotn the newly constructed blacktop be directed away frotn the property to the east and contained within the property as suggested by tne staff; a limit of four tenants to occupy tne office building, all the tenants to occupy the office building be of a professional office-type use;--seconded by Mr Lewis; failed 2-6, witn l'lr r'lerKl, r'lr Bowman, ,1rs Cavarra, t'1r Davis, l'1rs Ore, and Mrs Turner voting No, qivlnC] the reasons that the landscaping requirements have not been net; Planning COlllmission recommends denial present R-3 zoning provldes a buffer; no significant changes have occurred in this area to justify a Change of zone; there were significant numbers of neighborhood protestants; and no evidence presented to show that tne property cannot be used as presently zoned Hotion by Mrs Turner that Planning Commission be askecl to consider an amendment to the Comprehebsive Plan in this i~~ediate neighborhood; seconded oy wrs Cavarra carried 5-3 with Mr Davis, Mr Lewis, and Mr Aiello voting No U!{DINANCE::' ON FIRST READIN:J Item 6 Council Bill No 83 - An Orclinance Repealing Sections 5A-3, 5A-4, jA-S, 5A-6, 5A-7, and 5A-8 of tne Code of Laws of the city of Wheat Ridge, and Amendlng the Code of Laws of the City of Wheat Ridge by Auding Sections 5A-3 Through 5A-24 Inclusive, Relating to Financial Disclosure Requirements of Candidates for Electeu Municipal Jffice and political Co~nittees, and Providing a Penalty for Violation Council 8ill <0 d3 was introduced on first reading by l1r Aiello and the title read by the Clerk ~ntion by Mr Aiello that CITY COUNCIL MINUTES August 10, 1::38l Page -3- Council Bill No 83 be approved on first reading, ordered published; PUblic hearing be set for i10ndaf, August 24, 1'181 at 730 P In in Lity Council Chaubers, lvJunicioal Building, and if approved on second readlng, take effect one day after final publication; seconded by 1irs Ure; carried <3-0 Iter:! 7 CouncLl Bill i_~o ::34 - An Ordinance Amending Chapter 15, ParKS and Recreation, of the ~ode of Laws of the City of Wheat Ridge by Repealing and Reenacting Portions of Sections l5-5, l5-G, anJ l5-d Louncil Bill No 84 was introduced on first reading by Mrs Ore and the title read by the Clerk Motion by Mrs Ore that Council Bill No 84 De approved on first reading ordered published; puolic hearing De set for Monday, August 24, 1981 at 7 3U P Ll in City Council Chambers, Municipal Building; and if approved on second reading, take effect one day after final puolication --seconded by Mr Aiello; carried 7-1 witn Mr Merkl voting No Ite;n 8 Council Bill No 85 - An Ordinance Repealing and Reenacting Chapter lB, Article III, Pension Fund, Section l3-l8 'l'hrough 18-42 Inclusive of the Lode of Laws of the City of Wheat Ridge, and Providing for the ~stablishment of a Money Purchase Plan to Provide Retirenent Benefits for Members of the Police Departrilent council Bill No 05 was introduced on first reading by t1r Bowman and the title read by the Clerk Motion by Mr Bowman that Council Bill i~o 85 be approved on first reading; ordered published; public hearing be set for Monday, August 24, lq81 at 7 30 P m in City Council Chambers, 1'lunicipal Building and if approved on second reading, take effect one day after final publicatlon;--seconded by Mrs Ore; carried 8-0 D~CISIONS, RESOLUfIONS AND MOTIONS Item 9 Request to "Enlarge Premises", Exponential, Inc , dba Etta's Place, 4020 Wadsworth, by addition of patio Barry Teeters, 4574 Stuart, was present representing Etta's Place to answer questions M~tion by i'1rs Turner that the request of ~xponential, Inc , dOa Etta's Place, for modification of the premises be approved seconded oy Mr Merkl carried 8-U Item 10 Request by Dwaine RiChter for Extension of Time, planned Commercial Development at Northwest Corner of West 32nd Avenue and 1-70 Motion by Mr Aiello that the request by 1r Richter for an extension of 60 j.10nths on Stage 1 be approved; seconded by l1r Davls carried S-J LITY A'l"rORNEY' S !'lATTE.RS l'Jr lIayes reported that the Crown cEll cundemnation suit had been crnnpleted and was settled for a total cost of $3,690,000 which was a split between the two appraisals of 3 4 @illion and 3 8 million plus $85,OUU in interest and $5,000 appraisal fees COUL\jLIL~1B[vjBERS' l1A'I"rERS !'lotion by Mrs ure for the September Study Session to be held on I'uesday, September d, rather than Honday, September 7 (Labor Day); seconded by Mr Aiello; carried 8-0 Praise was offered to the Code ~nforcement Officers as their efforts seemed to be having an efiect Clry COUNCIL 110UT~S August 10, 1981 Page -4- Discussion on the curb, gutter and sidewalk memo, the 50-50 spli t, was referred to the Street Comni ttee r,1eeting of tnis 'rhursday nignt Hr Byerly's offer of $l25,uUU for three acres (more or less) at 2~th and Newland was discussed 110tion by Mrs Ore ~o ask for an Appraisal on the Byerly property in considera~ion of the offer he made us and express to Mr Byerly the interest of City Council in pursuing tne offer in his letter, with the request that he ask for a continuance at Planning Lommission, and witn tl1e understandlng that if Council should purchase the property, the application would be withdrawn in its entirety;--seconded by drs Cavarra; talled 4-4 with Mr Bowman, Mr Davis, Mr Lewis and [iJr Aiello voting No "No" votes were concerns regarding the appllcation before P-Lanrnng Lornrnission and the large cost required to taKe down the present buildings Meeting adjourned at lO 25 P m APPROV~D CFH;fg