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,