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HomeMy WebLinkAbout11/08/1982 November 8. 1982 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE. COLORADO The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Pat Aiello, Will Burt, Kent Davis, Clyde E Hobbs, Ken Lewis, Larry Merkl, Kay Ore, and Nancy Snow Also present City Clerk, Carol Hampf; City Administrator, Tom Palmer, City Attorney, John Hayes; Department Heads Chief Jaquay, Charles Stromberg, and Rodger Young, staffj and interested citizens Motion by Mr Davis for the approval of the Minutes of October 25, 1982; seconded by Mr Merklj carried 6-2 with Mr Hobbs and Mr Lewis voting No CITIZENS' RIGHTS TO SPEAK C.E. and Rubv Regensburger, 3920 Brentwood Street, asked when the storm sewer in their area was going to be taken care of It was indicated that the engineering would be done as soon as an easement on additional property could be obtained PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. ~ouncil Bill 38 - An Ordinance repealing Section 21 of Appendix A and reenacting said Section 21, Planned Industrial District, of the Code of Laws of the City of Wheat Ridge, Colorado Council Bill 38 was introduced on second reading by Mr Burt, title read by the Clerk There was no one present to speak Motion by Mr Burt for the adoption of Council Bill 38 (Ordinance S13) with the following amendments 1) the addition of the following wording to the end of Section B 27 "For the purpose of this Section, the term mini-warehouse shall mean operations where in a structure or structures are divided into multiple small storage units with an at grade loading, each unit not exceeding 500 square feet, and which are rented or may be sold as condominium storage space" 2) Section B 28 be amended to read "Manufacture of vaccines, serums and toxins, provided that an antidote exists and is readily available for such vaccine, serums, or toxins, provided that approval of such manufacture is received from the state department of health and the county health department" Seconded by Mr Merklj carried 5-3 with Councilmembers Lewis, Hobbs, and Snow voting No All stating that they disapproved of the height section Failed Motion by Mr Aiello to amend the ordinance to bring it into uniformity with other districts, that F 6 be amended to read "No use shall exceed 50 percent of the total area of the lot and no use with its incidental parking and storage shall exceed 90 percent of the total area The balance of 10 percent shall be landscaped" Seconded by Mr Burt, failed 4-4 with Councilmembers Hobbs, Merkl, Ore, and Snow voting No CITY COUNCIL MINUTES November 8, 1982 Page -2- Item 2. Council Bill 39 - An Ordinance providing for the approval of a rezoning from Residential-One-A (R-1A) and Agricultural-One (A-l) to Residential-Two (R-2) for land located at approximately 4222 Jellison Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-82-11) (Terence and Glenda Gelston) Council Bill 39 was introduced on second reading by Mr Burt; title read by the Clerk Mr Gidley gave the staff report and entered the necessary documents into the record John Heckers, 9684 W 44th Ave, had a power of attorney to represent the applicant, Mr Gelston, who was present There was no one else present to speak Motion by Mr Burt that Council Bill 39 (Ordinance 514), a request for approval of a change of zone from Agricultural-One (A-l) and Residential-One A (R-1A) to Residential-Two (R-2) at 4222 Jellison Street be approved for the following reasons and conditions A The proposed zone district would be compatible with adjacent zoning and land uses B There have been no negative referrals C The Comprehensive Plan indicates Low Density Residential, thus there is a consistency with the Comprehensive Plan And with the Stipulation that although the subject property is rezoned from Agricultural-One (A-l) and Residential-One (R-1A) to Residential-Two (R-2), it is still within the lOa-year floodplain and must meet all requirements of the Floodplain Zoning Ordinance prior to any new construction and occupancy, seconded by Mr Hobbs, carried 7-1 with Mrs Snow voting No, stating there had been no evidence of a reason for a change in zone and she is doubtful that the floodplain rules can be managed in a parcel this size Item ~. Application by Terence and Glenda Gelston for approval of a two-lot minor subdivision on property located at approximately 4222 Jellison Street (Case No MS-82-5) Mr Gidley gave the staff report Mr Heckers again spoke for the applicant Amended Motion that Case No MS 82-5, a request fOl' d two-lot minor subdivision at 4222 Jellison Street be approved for the following reasons and conditions A The proposed lot would be conforming to the subdivision and Residential-Two zoning regulations B There were no negative referrals C That a development agreement for Jellison Street improvements be executed prior to recording of the plat D That although the subject property is conforming to the subdivision and Residential-Two zoning requirements, it is still within the lOa-year floodplain and therefore must meet all requirements of the floodplain zoning ordinance prior to any new construction or occupancy E That the City shall share 50 percent of all costs related to the construction of the turn-around F It is considered proper to deed parkland since it will be used partially for park purposes Original Motion by Mr Hobbs, seconded by Mr Merkl; amending Motion by Mr Aiello, seconded by Mr Burt Amendment carried 7-1 with Mr Hobbs voting No Motion as amended carried 8-0 (The amendment was to delete that a drainage report be submitted, approved by Public Works Department, and that the cul-de-sac or turn-around be approved by Public Works, Community Development, and Parks Departments, and to add the above Sections E & F) CITY COUNCIL MINUTES November 8, 1982 Page -3- Failed Motion by Mrs Ore that the Council Meeting of November 22 be moved to November 15 due to the absence of some Councilmembers on the 22nd, seconded by Mr Aiello, failed 4-4 with Councilmembers Davis, Hobbs, Lewis, and Snow voting No It em 4. Council Bill 40 - An Ordinance repealing Section 24 of Appendix A and reenacting said Section 24, Excavation and Deposit Control, of the Code of Laws of the City of Wheat Ridge, Colorado Council Bill 40 was introduced on second reading by Mrs Ore; title read by the Clerk Amended Motion to continue Council Bill 40 to November 22, 1982 and include the following amendments 1 B 3 the amounts be changed to read "501 - 20,000 Cubic Yards" and that Operations in which earth material fill or excavation exceeds 500 cubic yards but does not exceed 20,000 cubic yards, etc ; and 2 B 4 b add the following sentence "For the purpose of this section, the term debris shall have the same meaning as the terms garbage, trash, or junk as defined in the Wheat Ridge Code of Laws, Section 14-34" 3 Add a part D to Section 2 to read as follows "D Penalty--Fine, Injunction, Double Fee Any individual person, corporation, partnership, firm, or other entity of whatever description violating any provision of this Section 24 of Appendix A shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not to exceed $300 Each day during which a violation exists shall constitute, and shall be punishable as, a separate offense In addition, the City is authorized to enforce this Section 24 by injunction, including both the enjoining of contemplated actions or inactions in violation of this Section 24 (i e , excavation or fill activities undertaken without, or in violation of the terms of, such a permit as required in this Section 24) and mandatory injunction to require the removal of excavation or fill accomplished without, or in violation of the terms of, such a permit In any such injunction action, the City of Wheat Ridge shall be awarded its costs of suit, and any costs incurred in the removal uf fill, and/or restoration ot areas where fill or excavation activities have been undertaken in violation of the provisions of ths Section 24 In addition to the penalties prescribed in this Subpart (D), any person, corporation, partnership, firm, or other entity applying for an excavation or fill permit after completion of the activities authorized in said permit shall be required to pay double the standard permit fee referred to in Subpart (A) of this Section 24" Original Motion by Mrs Ore, seconded by Mr Aiello, amending motion by Mr Aiello, seconded by Mrs Snow, amendment carried 5-3 with Councilmembers Hobbs, Merkl, and Lewis voting No Motion as amended carried 7-1 with Mr Hobbs voting No November 8, 1982 Page -4- CITY COUNCIL MINUTES Item 5. An Application by Mary E Smith for approval of a three-lot minor subdivision on property located at 4350 Dover Street (Case No MS-82-4) (Request by applicant for continuance) Motion by Mrs Snow to continue this case to November 22, 1982 as per the applicant's attorney's request; seconded by Mr Burt, carried 8-0 Item 6. OLD BUSINESS Request by Kerry M Svaldi for reconsideration of decision on 3 2% Beer application for Kipling 70 Standard Station, 4901 Kipling Street Motion by Mr Davis for the reconsideration of the Class J-l Retail Beer License for Kerry Svaldi, to be considered on December 13, 1982; seconded by Mrs Ore; carried 6-2 with Mr Hobbs and Mr Merkl voting No Failed Motion by Mrs Snow to expand the survey to conclude a fair proportion of apartment dwellers; secondeded by Mr Aiello; failed 3-5 with Councilmembers Davis, Burt, Hobbs, Merkl, and Lewis voting No NEW BUSINESS Item 7. Resolution 817 - extending the Inducement Resolution for the Eagle Land Company relating to the Issuance of Industrial Development Revenue Bonds on the property in the Southeast Quadrant of 44th Avenue and Wadsworth Blvd on the Wadsworth Town Center for a period of two additional years, which will end on October 12, 1984 Motion by ~r Merkl that Resolution 817 be approved with the addition to the title and to Section 1 of the word "re-adopt"; seconded by Mrs Ore; carried 5-3 with Councilmembers Davis, Hobbs, and Lewis voting No Mr Lewis stating he is voting No, because he did not think it was proper to extend something that has expired Item 8. Motion to authorize "Notice" to the Social Security Administration of possible withdrawal by the City of Wheat Ridge Failed Motion by Mr Merkl that the letter of intent to withdraw from Social Security be forwarded to the Social Security Administration and the subject be placed on a future study session agenda; seconded by Mrs Ore, Failed 3-5 with Councilmembers Davis, Hobbs, Lewis, Aiello, and Snow voting No Motion by Mr Aiello to put the subject on a future study session agenda; seconded by Mr Davis; carried 6-2 with Councilmembers Ore and Lewis voting No CITY COUNCIL MINUTES November 8, 1982 Page -5- It em g. Council Bill 41 on first reading - An Ordinance repealing and reenacting Section 21-21 and Section 21-23 of Chapter 21, Article II of the Code of the City of Wheat Ridge, Colorado, pertaining to taxation of telephone exchanges Council Bill 41 was introduced on first reading by Mr Aiello; title read by the Clerk Motion by Mr Aiello that Council Bill 41 be approved on first reading, ordered published, pUblic hearing be set for Monday, December 13, 1982 at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect January 1, 1983, seconded by Mrs Snow; carried 8-0 CITY ATTORNEY SMATTERS Mr Hayes stated that the B & N Enterprises case had been dismissed because the State Statute was ruled unconstitutional by the judge Mr Hayes read a statement to Council and a letter from District Attorney Nolan Brown Motion by Mr Aiello to suspend the Rules and extend the meeting; seconded by Mr Merkl; carried 7-1 with Mr Davis voting No ELECTED OFFICIALS MATTERS Item 10. Election of Mayor pro tem and Council President for 1 year term Motion by Mr Merkl to nominate Will Burt as Mayor pro tern, seconded by Mrs Ore, Motion by Mr Lewis to nominate Nancy Snow as Mayor pro tern; seconded by Mr Hobbs, Motion by Mr Aiello that nominations cease, seconded by Mr Davis; by written ballot Mr Burt received a majority of the votes and will be the next Mayor pro tern Motion by Mrs Ore to nominate Pat Aiello as Council President, seconded by Mr Merkl, Motion by Mr Hobbs to nominate Nancv Snow as Council President, seconded bJ Me Lewis, Motion by Mrs Ore that nominations cease; seconded by Mr Davis, carried 8-0 Voting by paper ballot showed that Mr Aiello will be the Council President for next year City Clerk Carol Hamof announced her resignation to the City Council and audience effective January 1, 1983, stating that it was for personal reasons Mayor Stites asked that the newspapers give publication that applications will close on December 13, 1982; a new City Clerk to be appointed December 27, 1982 Motion by Mr Aiello to appoint Kent Davis to the CML Policy Committee; seconded by Mrs Ore; carried 8-0 Meeting adjourned at 11 30 p m / c< -cccd>~ -7C6 Carol F Hampf, Ci CFH, chj; /