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Home My WebLink About07/25/1983 - CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO JULY 25, 1983 The City Council Meeting was called to order by the Mayor at 7 30 P m. Councilmembers present Pat Aiello, Kent Davis, Clyde E Hobbs, Ken Lewis, Kay Ore, and Nancy Snow Larry Merkl arrived at 7 32 P m Will Burt arrived at 7 34 P m Also present City Clerk, Wanda Sang; City Administrator, Torn Palmer; for City Attorney John Hayes Lee Phillips Department Heads Charles Stromberg, Chief Jaquay, Rodger Young, and Richard Bredt; staff; and interested citizens Motion by Mr by Mrs Snow; Aiello to approve the Minutes of July 18, 1983; seconded carried 4-2 with Mr Lewis and Mr Hobbs voting No CITIZENS' RIGHT TO SPEAK Phyllis Lancaster, 4076 Everett, commented on the dead and dying trees in the City She asked that the City spray the trees or pass an Ordinance requiring people to spray Item 1 Council Bill 55 - An Ordinance amending the Code of Laws of the City of Wheat Ridge by adding provisions to Chapter 14 thereof, relating to offenses, by prohibiting and regulating unlawful possession of alcohol by minors, unlawful harboring of minors, unlawful to allow minors on streets after certain hours, unlawful possession of alcohol, urination and defecation in public, disturbing the peace, theft, theft by check, and by repealing and reenacting Section 14-50, offenses against property, damage or destruction--generally, and providing penalties for violation thereof Council Bill 55 was introduced on read by the Clerk Motion by Mr Bill 55 (Ordinance 541) on second carried 7-1 with Mr Lewis voting Item 2 second reading by Mr Aiello; title Aiello for the adoption of Council reading; seconded by Mr Merkl; No Council Bill 56 - An Ordinance repealing and reenacting Section 1-6, 2-14 5, 2A-5, 3A-13, 4-l2, 4-14, 7-7, 9A-15, 11-11, 12-6(c), 13-8, 14-37, 14-69(b), 18-58, 19A-5, 21A-34, and Section 32 of Appendix A of the Code of Laws of the City of Wheat Ridge relating to penalties for violation of Ordinance provisions by raising the maximum fine to nine-hundred-ninety-nine dollars ($999), providing for restitution in certain cases, and providing that no one under the age of eighteen (18) years shall be subjected to imprisonment as a penalty for violation of any provision of the Wheat Ridge Code of Laws Council Bill 56 was introduced on second reading by Mr Burt; title read by the Clerk Motion by Mr Burt for the adoption of Council Bill 56 (Ordinance 542) on second reading; seconded by Mrs Ore carried 6-2 with Mr Lewis and Mrs Snow voting No CITY COUNCrL MINUTES JULY 25, 1983 P~e -2- Item 3 Council Bill 9l - An Ordinance amending provisions of Chapter l5, Parks and Recreation, of the Code of Laws of the City of Wheat Ridge, relating to Rules and Regulations Council Bill 9l was introduced on second reading by Mr Merkl; title read by the Clerk William S Barker, 7170 W 42nd Avenue, spoke against Section l5-5 (d) relating to dogs on leash He feels there should be areas in the Green Belt for dogs without a leash Large dogs cannot be exercised on leash Jack Goodman, 4000 Holly, doesn't feel that problems with dogs can be controlled by leashes Evelyn Barker, 7170 W 42nd Avenue, reiterated what Mr Baker had stated--you cannot always have dogs on leashes David Martin, 9614 W 56th Place, spoke in favor of the Ordinance He uses the Green Belt frequently and has been harassed by dogs not on leash Motion by Mr Merkl for the adoption of Council Bill 91 (Ordinance 543); seconded by Mr Burt Failed amendment by Mrs Snow to add "except on south side of Green Belt"; seconded by Mr Lewis; failed 1-7 with Mrs Snow voting yes Original Motion carried 7-1 with Mrs Snow voting No Item 4 Council Bill of a Special land located Colorado (Case No SUP-83-4) 92 - An Ordinance providing for the approval Use Permit in a Commercial-One (C-l) Zone on at 4075 Kipling Street, Wheat Ridge, (Cong Chu and Hoa P Chu) Council Bill 92 was introduced on second reading by Mr Davis; title read by the Clerk Mr Stromberg gave the staff report Applicant, Cong Chu, 4529 W 69th Ave, Westminster, was present and sworn in by the Mayor He asked for the approval of the Ordinance and answered Councils' questions There was no one present in opposition Motion by Mr Davis that Case No SUP-83-4, a request for approval of a Special Use Permit to allow the operation of a self-serve motor fueling station in a Commercial-One zone at 4075 Kipling Street, be approved for the following reasons l) Applicants wish to change a legal nonconforming use to a conforming use 2) There are no negative impacts on the surrounding neighborhood 3) Staff recommends approval 4) Planning Commission recommends approval; seconded by Mrs Ore; carried 7-1 with Mr Merkl voting No Item 5 Council Bill 93 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-I) to Commercial-One (C-l) on land located at 9605 West 49th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-83-11) (Edwin and Barbara owings) Council Bill 93 was introduced on second reading by Mr Merkl; title read by the Clerk Mr Stromberg gave the staff report and entered documents into the record Edward Flores, 4720 W 47th Avenue, Realtor, was present to answer Councils' questions Motion by Mr Merkl that Council Bill 93 (Ordinance 546), a request for a change of zone from A-l to C-l on property located at 9605 West 49th Avenue be approved for the following reasons 1) Planning Commission and staff recommend approval 2) The request is consistent with the Kipling Activity Center; and the following conditions A Development Plan must be submitted for Planning Commission and City Council approval; and construction of any new structures be architecturally consistent with other land uses; also that Item 10 G of the Consent Agenda (Acceptance of Deed for Independence Street) be approved along with this Ordinance; seconded by Mrs Ore; carried 8-0 CITY COUNCIL MINUTES Item 6 JULY 25, 1983 Page -3- Public Hearing on Case WPA-83-7, a proposal to amend the Comprehensive Plan-Future Land Use Map in the vicinity of Rancho Del Sol Subdivision at the northeast corner of West 32nd Avenue and Union Street Motion by Mr Burt that Case No WPA-83-7, a proposal to amend the Comprehensive Plan-Future Land Use Map in the vicinity of Rancho Del Sol Subdivision as illustrated in Exhibit A, be approved seconded by Mr Merkl; carried 8-0 Item 7 Council Bill 96 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-l) to Agricultural-Two (A-2) on land located at approximately 4245 Oak Street, Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-83-14) (Jay Culbertson) Council Bill 96 was introduced on first reading by Mrs Ore; title read by the Clerk Motion by Mrs Ore that Council Bill 96 be approved on first reading, ordered published, public hearing be set for Monday, August 22, 1983 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication; seconded by Mr Hobbs; carried 7-0 Item 8 Council Bill 97 - An Ordinance providing for the approval of rezoning from Commercial-One (C-l) to Planned Commercial Development (PCD) and for approval of a combined outline and final Development Plan and Plat on land located at 12351 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-83-16) (Public Storage, Inc ) Council Bill 97 was introduced on first reading by Mr Merkl; title read by the Clerk Motion by Mr Merkl that Council Bill 97 be approved on first reading, ordered published, public hearing be set for Monday, August 22, 1983 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication; seconded by Mr Burt; carried 8-0 Item 9 Council Bill 98 - An Ordinance providing for the rezonlng of land from Agricultural-Two (A-2) and Commercial-Two (C-2) to Planned Industrial Development (PID) and approval of an Outline Development Plan on property located at approximately 5060 Ward Road, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-83-S) (Jolly Rancher Candies and Liquified Sweetners, LSI Corp ) Council Bill 98 was introduced on first reading by Mrs Ore; title read by the Clerk Motion by Mrs Ore that Council Bill 98 be approved on first reading, ordered published, public hearing be set for Monday, August 22, 1983 at 7 30 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect lS days after final publication; and that the Council Bill be corrected to read "Upon application by Jolly Rancher Candies and Liquified Sweetners, LSI Corp " and the Case No read "WZ-83-S"; seconded by t-lr Hobbs carried 8-0 CITY COUNCIL MINUTES JULY 25, 1983 Page -4- Item 10 Consent Agenda A Motion to approve the Special Events Permit for Sons of Italy in America Lodge #2075, at 5955 W 38th Avenue, on August 27, 1983, from 6 00 P m to August 28, 1983, 2 00 a m B Motion to approve the Special Events Permit for the Wheat Ridge Chamber of Commerce at the Wheat Ridge Festival, at 7095 West 38th Avenue, on August 18 and 19 between the hours of 12 00 noon and midnight, and on August 20 from 8 00 a m to midnight C Motion that the contract for the construction of 32nd Avenue between Wadsworth Blvd and pierce Street be awarded to Asphalt Paving Company in the amount of their bid of $575,35l 10 plus a 15% contingency for a total of $661,653 77 and be charged to Account 31-303-846 D Motion that the contract for construction of traffic signals at 32nd Avenue and Youngfield Street and at 38th Avenue and Parfet Street be awarded to Accurate Electric in the amount of their bid of $79,136 50 plus a 10% contingency for a total of $87,050 15 and be charged to Account 3l-304-843 E Motion to award the contract for construction of the Combined Drainage Project (PW 83-10) to Spencer Construction in the amount of their bid of $151,403 97 plus a 15% contingency for a total of $l74,l14 57 to be charged to Account 31-302-833 F Acceptance of Quit Claim Deed of Side Lot "A" crestview Park Amended Subdivision G Acceptance of Deed for Independence Street This dedication is in conjunction with Case WZ-83-11 (see Agenda Item 5) Item 10 G was voted on separately with Item 5; vote carried 8-0 Motion by Mr Aiello for the approval of the Consent Agenda in its entirety with the addition that Item 10 C read a total of $661,653 77 and be charged to Account 31-303-846 "and further move to authorize transfer of $39l,654 from Account 3l-302-833 to Account 31-303-846"; seconded by Mr Merkl; carried 8-0 CITY COUNCIL MINUTES JULY 25, 1983 Page -5- ELECTED OFFICALS' MATTERS Mr Hobbs enquired about the Imes property His other concerns included the problems with the road shoulders on 44th Avenue south side, Kipling & Clear Creek area; status of drainage problem in the area of 52nd & Tabor Mrs Ore asked Mr Young if people responded to the letter from the City concerning moving fence; she asked for a written report Mr Aiello thanked Councilmembers who came to the meeting on Saturday, July 23, 1983 Most of the goals that had been set last year have been achieved He also asked that Councilmembers prepare memos regarding their ideas on salaries for elected Officials for the August 1 Study Session Mr Burt concurred with Mr Aiello's statement regarding the meeting of Saturday, July 23 Mrs Snow requested Council consensus to study the possibility and cost of hiring an Urban Renewal Director 6 Councilmembers were in favor Mr Lewis questioned siren malfunction; and asked if County had done something upstream to stop Lena Gulch flloding Mr Davis informed Street Committee that Mr Young will put out a notice for a meeting on either Tuesday or Wednesday of next week Motion by Mr Merkl that Council allow Mrs Snow to attend the National League of Cities Community Development Policy Committee Meeting in New Orleans in November; seconded by Mr Hobbs; carried 7 in favor; Mrs Snow abstaining Meeting adjourned at 9 lO p m 7 /; ~')k)lJ0 Wanda Sang, WS; chj;