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HomeMy WebLinkAbout06/13/1983 - CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO June 13, 1983 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 Ilobbs, Ken Lewis, Larry t1erkl, Kay Ore, ann Nancy Snow Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes Department Heads Charles Stromberg, Richard Bredt, Chief Jaquay; and interested citizens Notion by ~lr Aiello for the approval of the Minutes of June 6, 1983; seconded by !'lr ~lerkl; carried 6-2 with tlr Lewis and tlr Hobbs voting No PROCLMIATIONS OR CEREMONIES Doris Durby, secretary treasurer of DRCOG, presented the City of Wheat Ridge with two plaques for second and third place in recognition of outstanding contributions in the area of Cooperative Service Delivery Second Place award was for participation in the Colorado Intergovernmertal Risk Sharing Agency third place was for participation in the Jefferson County Animal Shelter CITIZENS' RIGHT TO SPEAK Janice Thompson, 12290 W 42nd Ave , publicly thanked Dave Kinser and Carl Stout from the Park's Department for saving her daughter's life last week at Clear Creek She also wondered if some type of warning system could be put on park vehicles to let people know vehicles are approaching PUBLIC COW1ENT AND ORDINANCES ON SECOND READING Council Bill 64 - An Ordinance providing for the approval to change the permitted uses within a Planned Industrial District and approval of an Amended Final Development Plan on land located at approximately 10501 West 48th Avenue, Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-82-18) (Anthony Vecchirelli) (The owner of the property has withdrawn his application Case file has been closed ) Item 1 No action was taken or necessary on this item as per City Attorney CITY COUNCIL MINUTES June 13, 1983 Page -2- Item 2 Council Bill 66 - An Ordinance providing for the approval of Rezoning from Residential-Three (R-3) to Restricted Commercial-One (RC-l) for land located at approximately 6280 West 38th Avenue, Wheat Ridqe, County of Jefferson, State of Colorado (Case No WZ-83-1) (Donald L Sable) (This case was requested to be rescheduled for the June 27, 1983 public hearing ) Motion by Mr Merkl to reschedule this item for the June 27, 1983 public hearing; seconded by Mr Burt; carried 8-0 Item 3 Council Bill 58 - An Ordinance providing for the approval of rezoning from Residential-Two to Restricted Commercial-One on land located at approximately 4395 Quay Street, vmeat Ridge, County of Jefferson, State of Colorado (Case No WZ-82-23) (Floyd Palmer) Council Bill 58 (Ordinance 534) was introduced on second reading by t1r Aiello; title read by the Clerk Mr Stromberg gave the staff report Carolyn Sampson, attorney, representing the applicant, Floyd Palmer, spoke regarding building uses and height limitation She introduced Karen Kaehny, landspace architect, 5100 Montview Blvd , who had prepared the site plan Anthony Flasco, 4440 Reed Street, spoke in opposition to the plan t10tion by Mr Aiello that Council Bill 58 (Ordinance 534), a request to rezone property at 4395 Quay Street from Residential-Three to Restricted Commercial-One be approved for the following reasons 1) the neighborhood is changing, therefore warrants a zone change 2) a fair amount of the surrounding area is commercial, therefore the pro- posed zone change would be in conformance 3) Site plan has been submit- ted by the applicant and the applicant will adhere to it I would also stipulate the following conditions The applicant must adhere to site plan that has been submitted including the restrictions stated on the site plan When a permit is granted the recommendations from the Public Works Department shall be followed, such as the curb, gutter, & sidewalk conforming to City standards, the drainage report, if any of the off-street parking to be paved, they will have to provide a drainage report, and those will be the only conditions; seconded by Mr Davis t10tion by Mrs Snow that it be limited to 3 occupants only Motion died for lack of second Mrs Snow stated she would vote No because she felt it is not in keeping with the Comprehensive Plan and although it is compatible with commercial uses across the street in both directions, north and east, it is not compatible with residential uses in the south and west, and it provides a precedent for future rezonings; the staff and Planning Commission recommended denial and lastly and most seriously, it does meet the minimum parking requirements, but she thinks five parking spaces are inadequate when 44th Avenue cannot be used for on-street parking />elotion carried 7-1 with Mrs Snow voting No CITY COUNCIL MINUTES JUNE 13, 1983 Page -3- Item 4 Council Bill 65 - An Ordinance providing for the approval of Rezoning from Agricultural-One (A-i) to Residential-Three (R-3) on land located at approximately 4650 Parfet and 4651 Oak Street, City of Wheat Ridge, County of Jefferson, Colorado (Case No WZ-83-9) (City of Wheat Ridge) Motion by Mrs Snow to continue this item until June 27, 1983; seconded by Mr Burt; carried 8-0 NEW BUSINESS ORDINANCES ON FIRST READING Item 5 Council Bill 86 - An Ordinance amending Section 4-1 of the Code of Laws of the City of Wheat Ridge relating to Animals runnlng at large Council Bill 86 was introduced on first reading by ~lr ~1erkl title read by the Clerk Motion by Mr Merkl that Council Bill 86 be approved on first reading, ordered published, public hearing set for ~1onday, July 18, 1983 at 7 30 P m in City Council Chambers, Municipal Building, and if approved on second reading take effect 1 day after final publication Motion by ~lrs Snow that Council Bill 86 be referred to the Animal Con- trol Commission for a recommendation or comments prior to second read- ing; seconded by Mr Lewis; carried 5-3 with Councilmembers Merkl, Ore, and Hobbs voting No ~1otion as amended carried 8-0 Item 6 A -Council Bill 87 - An Ordinance providing for the Rezoning of land from Agricultural-One (A-i) to Commercial-One (C-l) on property located at approximately 10110 South I-70 Service Road, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-83-15) (City of Wheat Ridge) Council Bill 87 was introduced on first reading by Mrs Ore title read by the Clerk Motion by Mrs Ore that Council Rill 87 be approved on first reading, ordered published, public hearing set for ~1onday July 18, 1983, 7 30 pm, in City Council Chambers, ~1unicipal Building, and if approved on second reading take effect 1 day after final publication seconded by Mr Davis carried 8-0 Item 6 B -Approval of site plan within the Kipling Activity Center Prime Rate Wheat Ridge Partnership ~1r Stromberg gave the staff report Merlyn Jerzal<, St Cloud, Minne- sota, representing Prime Rate, was present and answered Councils ques- tions Don Lancaster, 4076 Everett Street, representing the Wheat Ridge Urban Renewal Authority, spoke in favor of the submitted site plan ~1otion by ~1r ~1erkl that the site plan for Case No WSP-83-2/Prime Rate be approved with the following conditions (1) Curb/gutter/sidewall< be required to be installed by the developer on the west and south sides of the project next to the new service road (2) The Site plan is condi- tioned on the Highway Co~nission's approval of the land trade concept (3) The property has been properly posted seconded by Mr Hobbs car- ried 2-0 CITY COUNCIL MINUTES JUNE l3, 1983 Page -4- Item 7 Council Bill 88 - An Ordinance to dispose of a municipally owned building by accepting the lowest stated bid, which bid will, if awarded, result in the demolition of a 4-unit apartment building, owned by the City of Wheat Ridge, located at 3700 Owens Street Council Bill 88 was introduced by Mr Motion by Mr Burt that Council Dill ordered published, public hearing be 7 30 pm, in City Council Chambers, on second reading, take effect 1 day by Mrs Ore carried 8-0 Burt title read by the Clerk 88 be approved on first reading, set for Monday, June 27, 1983 at Municipal Building, and if approved after final publication; seconded Item 8 Council Bill 90 - An Ordinance providing for the approval of rezoning from Residential-Three (R-3) and Commercial-One (C-l) to Residential-Three (R-3) for land located at approximately 10911 West 44th Avenue, Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-83-2) (Kenneth Sadlier) Council Bill 90 was introduced by Mr Davis; title read by the Clerk Motion by Mr Davis that Council Bill 90 be approved on first reading, ordered published, public hearing be set for Monday, July l8, 1983, 7 30 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication~ seconded by Mrs Snow, carried 8-0 Item 9 A Resolution approving the Intergovernmental Agreement by and among the Cities of Wheat Ridge, Arvada, Lakewood, and the County of Jefferson for creation of a Jefferson County Corrections Board Failed Motion by Mr Aiello that Resolution 844 be passed and that the Mayor be authorized to sign the Intergovernmental Agreement for creation of a Jefferson County Corrections Board; seconded by Mrs Snow discussion followed Call for the question by Mr Aiello; seconded by Mrs Snow carried 7-1 with Mr Lewis voting No Vote on question failed 3-5 with Councilmembers Davis, Lewis, Merkl, Ore, and Hobbs voting No Item 10 Consent Agenda A Resolution 848 - authorizing use of the public right-of-way by the Wheat Ridge Festival, Inc , to post signs exempt from regulation advertising the Wheat Ridge Festival D ~10tion to purchase twelve light bars and Slrens from Public Safety Supply Co Inc, at a total cost of $8007 72, to be charged to Account No 19-203-805 C Motion to purchase two steel pedestrian bridges from Ermold Park and Recreation Products, at a total cost of $29,236, to be charged to Account No 3l-603-BOO-B62 CITY COUNCIL MINUTES JUNE 13, 1983 Page -5- Item 10 Consent Agenda (continued) D Resolution 849 - authorizing the Mayor to sign the Intergovernmental Agreement entitled Request for Payment and Certification of Use of Funds for the Purchase of two pedestrian foot bridges E Acceptance of Deed from Rudolph and Loretta Capra and acceptance of Deed from Peter and Emilia Rosa Capra and acceptance of deed from Jack and Filomena Alcamo for street purposes F Motion to cancel July 4 Study Session (Legal Holiday) and cancel July 11 Regular City Council Meeting (day before election) and to set July 18, 1983 and July 25, 1983 for a regular City Council ~1eeting Motion by Mr Merkl to approve the Consent Agenda as printed; seconded by Mrs Ore Mr Hobbs requested that Item E be pulled Motion on Items A , B , C , D , and F ; carried 8-0 Failed motion by Mr Hobbs to continue Item E seconded by Mrs Snow failed 4-4 with Council- members Burt, Aiello, Merkl, and Ore voting No; discussion followed Motion by Mr Burt to accept Item E with the approval of City Attorney; seconded by Hr ~1erkl; carried 6-2, with Councilmembers Merkl and Hobbs voting No CITY ATTORNEY ~1ATTERS t1r Hayes requested an Executive Session be held as per Section 5 7(b)(1) of the Charter regarding the Pascal Construction and Rodriguez matter Motion by Mr Aiello to hold Executive Session seconded by Mr Merkl; carried 8-0 ELECTED OFFICIAL'S MATTERS Mr Aiello reiterated that June 20, 1983 would be a Study Session and had been advertised as published Mr Burt spoke about various companies tearing up the streets and not repairing them and wondered if we could get some assurance to have them fix the streets after they tore them up He asked for legal or administrative remedy Mrs Snow spoke about a letter from property owners on Dudley Street, requesting reconsideration of the curb and gutter situation Mr Davis suggested taking it to the Street Committee Mrs Snow suggested that applicants sum up their case at the end of the zoning hearings rather than in the middle She also wondered if applicants should do their own posting Mr Lewis stated that at 38th and Eaton south side of 38th Avenue drain catch basins appear to be dangerous He also asked that the telephone company be asked to correct a problem they apparently caused at 38th and Harlan regarding drainage He also spoke about turn signal on 38th and Harlan; transferring timer on traffic signal at 29th and Gray to 32nd and Youngfield where the timer is in very poor shape CITl COUNCIL MINUTES JUNE 13, 1983 Page -6- Failed motion by Mr ~lerkl that the people on 27th Avenue that paid 100% be given a proportionate rebate the same as the people that paid the 50/50 program for their curb and gutter seconded by Mr Aiello; failed 2-6 with Councilmembers Aiello and Merkl voting Yes Executive Session was held Meeting adjourned at 11 15 P M -::jjt'i?L Wanda Sang, IvS/chj/amw