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HomeMy WebLinkAbout01/24/1983 Januarv 24. 198~ 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, Wanda Sang, City Administrator, Tom Palmer; City Attorney, John Hayes; Department Heads Chief Jaquay, Charles Stromberg, and Rodger ioung, staff; and interested citizens Motion by Mr Davis for the approval of the Minutes of January 10, 1983, seconded by Mr Aiello; carried 6-2 with Mr Lewis and Mr Hobbs voting No CITIZENS RIGHT TO SPEAK Dorothv Bults, 7682 W 23rd Ave, Lakewood, speaking for Mr Gene Molene, inquired re completion and clean-up of 23rd Avenue Bob Backer, 3591 Elati, Aurora, representing Mobil Premix Company, questioned why a bid was awarded to another company Bonnie Lillv, 6460 W 45th Ave Avenue inquired re paving and work on 45th PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 44 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and approval of a Combined Preliminary and Final Development Plan and Plat on land located at approximately 4880 Robb Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Five K Investment Company) (WL-82-2) (Continued from January 10, 1983) Council till 44 was introduced on second reading by Mr Aiello, title read by the Clerk Charles Stromberg gave staff comments A valid legal protest and documents were entered into the record Applicant Garv Kunz, 7331 Poppy Way, Golden, and his representative George Johnston, 10454 W 44th Avenue, were sworn in by the Mayor and presented project concept Also sworn in and speaking in opposition was Ivan Hawn, 4900 Robb Street Motion by Mr Aiello that Council Bill 44 (Ordinance 518), Case WZ-82-2, a request for approval of rezoning from Agriculture-One to Planned Commercial Development and approval of a Combined Preliminary and Final Development Plan and Plat be approved for the following reasons and subject to the following conditions 1) The proposed development is consistent with the Comprehensive Plan; 2) All agencies and/or utilities have approved the plans and therefore can serve; 3) All requirements of the Loning Ordinance and Subdivision Regulations have been met; 4) Staff and Planning Commission recommend approval CITY COUNCIL MINUTES January 24, 1983 Page -2- Conditons A) That staff work with the applicant to gain acceptable sight distance at the south entrance prior to a C 0 being issued This may include the removal and/or pruning of several large trees, B) That the applicant provide a 6 foot screening fence in addition to the proposed trees on the south property line to extend to within 30' of the street; C) That the retaining wall and drainage plan facilities meet the City Engineer s approval prior to a building permit being issued and with the following amendment to Council Bill 44 - Title and Section 1 to show "Outline" instead of "Preliminary"; seconded by Mr Burt; carried 6-2 with Mrs Snow and Mrs Ore voting No for the following reasons Commercial use and traffic is not compatible with residential property, future industrial use is not necessarily proper now as indicated by opposition expressed by residential neighbors; people who purchased agricultural property prior to the Comprehensive Plan have a right to rely on that zoning in the absence of major changes in the neighborhood Item 2. Resolution 828 - approving the Kipling Activity Center urban Renewal Plan dated January 14, 1983, and authorizing the relocation of the South I-70 Service Road Project Element Mrs Ore introduced Resolution 828, title read by the Clerk Mr Stromberg gave staff comments and entered exhibitions into the record Persons in favor of the Resolution were Paul Beneditti, attorney, 2735 Iliff Street, Boulder, Robert Eckhart, 7400 W 34th Avenue, Jefferson County School Board member, Marv Jo Cavarra, 3805 Robb Street, Wheat Ridge Urban Renewal Authority member; Frank Paulson, 255 Monaco Parkway, Denver, High Country Association, Ramada Inn (for and against), (he was in favor of the plan but was concerned about the bed tax), Dwaine Larson, 8746 Garrison Ct , Wheat Ridge, G. Hawks, 4700 Kipling, Wheat Ridge, iV.r. Carmen DiGiacomo, 14027 E Stanford Circle, Aurora, High Country Association, Lvnn Hummel, 11484 W 16th Avenue, Aurora, representative for Kipling 5000 Development, Jerome Throne, 4951 Kipling, Bob Chadon, Bob Quint, Arvada, William C. Lobner, 1158 Quivis Way, representative of Warren Cruise, Gerald Walker, 7777 W 64th Ave Arvada; Merlvn Jerzak, Miller Company, St Joseph, Minnesota In opposition was Louise Turner, 11256 W 38th Avenue She was opposed because of a gravel extraction area Council s questions included the bed tax, urban renewal cash flow; and state highway funding Motion by Mr Merkl to add paragraph 13, which reads resolved for Urban Renewal Authority and Arvada Fire to work out an agreement similar to agreement worked Ridge Fire Protection District as soon as possible" Motion by Mrs Ore to delete the part of paragraph 7 that reads "includes the extension of Lee Street along the east side of the Mugele Park to complete the access from 44th Avenue to the South I-70 Service Road" She further moved to change paragraph 8 to read "BE IT FURTHER RESOLVED that the City Council intends to bring in a bed tax that is comparable to surrounding cities for the purpose of providing additonal "; seconded by Mr Aiello, "Be it further Protection District out with Wheat CITY COUNCIL MINUTES January 24, 1983 Page -3- Motion by Mrs Snow to change Paragraph 5, line 2, to read "Plan shall have responsibility for exploring the funding and construction of the South", seconded by Mr Aiello Call for the question by Mr Aiello; seconded by Mr Burt, carried 7-1 with Mr Hobbs voting No Motion to Reconsider by Mr Davis; seconded by Mrs Snow Mr Hayes was consulted as to whether or not this was possible since the vote had already been taken Mr Hayes stated it was proper since Mr Davis was on the opposing side of the vote and reconsideration could be considered at this time Motion to Reconsider carried 7-1 with Mr Lewis voting No Motion by Mr Davis that in Paragraph 4, a smaller area be considered to include only areas III, IV, V, and VI, and to include the previous amendments; seconded by Mrs Snow Discussion followed regarding the ramifications of decreasing the project Call for the Question by Mr Aiello, seconded by Mr Burt; carried 7-1 with Mr Lewis voting No Motion as amended carried 7-1 with Mr Lewis voting No Item 3. Council Bill 45 - An Ordinance amending Section 27 of Appendix A, Regulations applying to all Districts, by adding Section 27 H Emergency Shelters operated by churches, of the Code of Laws of the City of Wheat Ridge, Colorado Council Bill 45 was introduced on second reading by Mrs Ore; title read by the Clerk Motion by Mr Aiello to suspend the Rules and continue the meeting past 11 00 pm; seconded by Mr Burt, carried 5-3 with Councilmembers Davis, Lewis, and Hobbs voting No Citizens speaking in favor of the Ordinance were sworn in by the Mayor They were Frank Russell, 230 S Monaco Parkway, Denver, speaking for Mrs Russell, Phvllis Lancaster, 4076 Everett, Rod Killian, 3784 Union Court Motion to amend by Mrs Snow to change the wording from "churches" to "existing churches in the City at the time of passing of this Ordinance" (paragraph 1); in paragraph 2 a pregnant woman would be considered to have one child, under license requirements she added "The facility and/or its personnel will be responsible for the following 1) A written established policy for acceptance into the shelter This policy will either provide that all shelter occupants will be pre-screened by recognized social agencies or that the facility will employ a counselor with the training and competency to screen out and refer elsewhere persons with drug, alcohol, personal or emotiona problems which make them unsuitable for this kind of minimal-care facility 2) 24 hour availability, including 24 hour supervision of the premises and inhabitants CITY COUNCIL MINUTES January 24, 1983 Page -4- 3) Provision of all meals, however, meals may not be provided to other than inhabitants, staff and visiting church and social agency personnel 4) Proper care and supervision of children This will include a fenced yard and arrangements for suitable activities for pre-school children and school children while not in school 5) An established referral network and transportation to existing health, job counseling, housing, police, legal, welfare and other social agencies 6) On site or liaison personnel with the training and/or experience to establish an individualized plan of services or treatment necessary for each family to improve its ability to function independently in the community " Under #3 would be inserted, after "The Council shall judge the evidence to determine if "the words "if the shelter is not meeting the requirements in #1 and whether" (there is a serious threat to Motion by Mrs Ore to adopt Council Bill 45 (Ordinance 519) with previoulsy adopted amendments; seconded by Mrs Snow Mr Lewis moved that Churches not be charged $5 license fees; seconded by Mr Hobbs, failed 2-6 with Councilmembers Aiello, Davis, Merkl, Burt, Snow, and Ore voting No Motion by Mr Merkl that all the amendments of Mrs Snow's after the second paragraph be deleted down to wording that the City Attorney asked for, died for lack of a second Call for the Questions by Mr Aiello; seconded by Mr Davis; failed 4-4 with Councilmembers Lewis, Snow, Merkl, and Hobbs voting No Original Motion carried 6-2 with Mr Merkl and Mr Hobbs voting No Item 4. Application for a new Class F - Beer and Wine License for Milan Zivojnovic, dba Pizza Milano, 4101 Kipling Street, Wheat Ridge Applicant Milan Zivojnovic was present for questioning Motion by Mr Aiello to approve a new Class F -Beer and Wine License for Milan Zivojnovic, dba Pizza Milano, 4101 Kipling Street, Wheat Ridge, for the following reasons All applications and fees required by statute have been filed an paid, Notice of hearing and posting of premises have been accomplished according to statutory requirements; The applicant is entitled to occupancy of the premises by virtue of a signed lease dated July, 1982; The applicant has been shown by investigation to be of good moral character, The evidence presented at this public hearing establishes that the desires of the residents of the neighborhood under consideration are for granting this license as evidenced by petitions CITY COUNCIL MINUTES January 24, 1983 Page -5- bearing 81 signatures in favor, and 19 signatures evidencing no opinion, Issuance of this license is consistent with the needs of the neighborhood; seconded by Mrs Ore, carried 8-0 Item 5. Council Bill 46 - An Ordinance providing for the approval of an official map correction allowing for the official zoning map to remain as Residential-Three (R-3) and be corrected to Agricultural-One (A-1) on land located at approximately 4651 Oak Street and 4650 Parfet Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-82-20) Council Bill 46 was introduced on first reading by Mr Aiello; title read by the Clerk Motion by Mr Aiello to approve Council Bill 46 on first reading, seconded by Mr Davis Motion by Mr Merkl that Mrs Ore and Mrs Snow abstain from voting on this Council Bill Mrs Ore disagreed Motion by Mr Merkl that an Executive Session under Section 5 7(b) 1 B ; seconded by Mr Lewis; carried 6-2 with Mr Burt and Mr Aiello voting No EXECUTIVE SESSION WAS HELD Motion by Mr Aiello for vote of 2 Councilmembers abstaining on Council bill 46; seconded by Mr Davis; the vote failed to carry; Mr Aiello withdrew the motion and Mr Davis withdrew the second Motion by Mr Burt to Table Council Bill 46 indefinitely, seconded by Mr Aiello, carried 6-2 with Mr Lewis and Mrs Snow voting No Item 6. Resolution 829 - establishing a public hearing for consideration of an inducement resolution relating to proposed Industrial Development Revenue Bonds for a project to be undertaken by Prime Rate, Inc Resolution 829 was introduced by Mr Davis, title read by the Clerk Motion by Mr Davis to set Public hearing for February 14, 1983; seconded by Mr Burt, carried 7-1 with Mr Lewis voting No CITY ADMINISTRATOR SMATTERS Item 7. Motion by Mr Merkl that the City that a contingency fund of $4,000 project and charged to account No carried 7-1 with Mr Lewis voting accept change orders #1 and #2 and be added to the budget for this 31-603-800-682; seconded by Mrs Ore, No Meeting adjourned at 12 00 p m ~~--~-~- Wanda ~ang, City C~rk WS; chJ,