HomeMy WebLinkAbout08/22/1983
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
August 22, 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
Hobbs, Ken Lewis, Larry Merkl, Kay Ore, and Nancy Snow Also present
City Clerk, Wanda Sang; Acting City Administrator, Howard Jaquay, City
Attorney, John Hayes; Department heads Charles Stromberg, Rodger Young,
staff and interested citizens
Motion by Mr Merkl to approve the Minutes of August 8, 1983; seconded
by Mr Aiello; carried 5-2 with Councilmembers Lewis and Hobbs voting
No Mrs Snow abstained
CITIZENS' RIGHT TO SPEAK
Randy West, 3725 Hoyt Street, spoke on Animal Control and complained
about dogs running loose at night and strewing trash allover his
yard Mayor Stites directed him to Chief Jaquay and directed the Chief
to help him
PUBLIC COMMENT AND ORDINANCES ON SECOND READING
Item 1
Council Bill 96 - An Ordinance providing for the approval of
rezoning from Agriculture-One (A-I) to Agriculture-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 second reading by ~1rs Ore; title read
by the Clerk t-lr Hayes noted there is a legal protest filed against
Council Bill 96 Mr Stromberg gave the staff report and entered
exhibits into the record Jay Culbertson, applicant, 4245 Oak
Street, gave his reasons for wanting the rezoning Speaking in
opposition was James E Mancherian, 2417 Daisey Lane, Golden, co-owner
of Owens Park, Inc, and filer of the Legal Protest He addressed
disfavor of rezoning because, in his opinion, it would be detrimental to
the townhome development adjacent to the applicant Motion by Mrs Ore
that Case No WZ-83-14, a request to rezone property at 4245 Oak Street
from Agricultural-One to Agricultural-Two be denied for the following
reasons (A) The proposed Agricultural-two zoning is not in conformance
with the Comprehensive Plan (B) The proposed land usage is not
compatible with existing adjacent land uses (C) Staff recommends
denial (D) Planning Commission recommends denial; seconded by Mrs
Snow; carried 7-1 with Mr Burt voting No
CITY COUNCIL MINUTES
AUGUST 22, 1983
PAGE -2-
Item 2
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 second reading by ~1r Merkl title
read by the Clerk Mrs Ore requested Mr Hayes answer a question
"outline Development Plan and Final Development Plan is not considered
as part of an Ordinance as it is not published with Ordinance If this
is the case, then why is the approval of development plan made part of
the Ordinance in its title and also in Section 1 of Ordinance?" Mr
Hayes stated that the purpose of making Ordinances effective upon
publication it has been the practice not to publish the outline
development plan for the map in case of a rezoning to show the continued
or change rather of zone That is the reason that the publication has
not been done of the map or the Outline Development Plan as the case may
be Reason for referral of it in the body and title is simply because
the enabling Ordinance to Section 20 provides for the approval by
Council of various plans and plats at the same time that the Ordinance
is adopted Mr Stromberg presented case and entered documents into
the record Speaking in favor and sworn in by the Mayor were Bernie
Lash, 6857 South Spruce, Englewood, and Steve Chaney, 5378 South
Sedilan Court, Aurora, representing the applicant Janice Thompson,
12290 West 42nd Avenue, and Mable Ryan, 4365 Vivian Motion by Mr
Merkl for approval of Council Bill 97, Ordinance 544, a request for a
change of zone from C-l to PCD and approval of a combined outline and
Final Development Plan and Plat on property located at approximately
12351 West 44th Avenue, be approved for the following reasons (1)
Planning Commission and Staff recommend approval (2) The Plan is
consistent with the Comprehensive Plan and surrounding land uses (3)
All requirements have been met; seconded by Mr Aiello Motion by Mrs
Snow to amend motion to have a 30' setback; seconded by Mr Lewis
failed 3-5 with Councilmembers Aiello, Burt, Davis, Merkl and Ore voting
No Vote on original motion carried 6-2 with Councilmembers Hobbs and
Lewis voting No
Item 3
Council Bill 98 - An Ordinance providing for the rezoning of
land from Agriculture-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-83-15)
(Jolly Rancher Candies and Liquified Sweetness, Inc )
CITY COUNCIL __NUTES AUGUST 22, 1983
I~E -3-
Council Bill 98 was introduced on second reading by Mrs Ore; title read
by the Clerk Mr Stromberg presented case and entered material into
the record Representing the applicant and sworn in by the Mayor
were Nicolas Mueller, 25101 Ridge Way, Golden, Wilbur V Springer,
6703 Gray, Arvada, and Scott Symcox, 4750 W 102 Place, Westminster
Motion by Mrs Ore for approval of Council Bill 98, Ordinance 547, for
the following reasons and with the following conditions (1) This
proposal is compatible with the adjacent land uses and zoning (2) This
proposal is consistent with the Comprehensive Plan.
(3) All requirements of the Zoning
Ordinance for rezoning and an Outline Development Plan have been met
(4) Planning Commission recommends approval (5) That conditions be
added to the plans that the parcel immediately to the east be included
in the future for proper platting, which does locate and plat an
extension of West 50th Avenue to the east (6) That an additional 5' of
dedication for West 50th Avenue be required at the time of platting and
further that any future purchases east of property by single or joint
ventures also include a dedication of West 50th Avenue to Ridge Road;
seconded by Mr Davis Discussion followed Mr Merkl called for the
question; seconded by Mr Davis; carried 5-3 with Councilmembers Aiello,
Hobbs, and Lewis voting No Vote on original motion carried 7-1 with
Mr Lewis voting No Mr Lewis stated his reason for voting No is he
feels Council did not treat the Applicant fairly
Item 4
Council Bill 99 - An Ordinance providing for the approval of
rezoning from Residential-Three (R-3) and Restricted-Commercial
(R-C) to Restricted Commercial-One (RC-l) on land located at
3835 Newland Street, City of Wheat Ridge, County of Jefferson,
State of Colorado
(Case No WZ-83-18) (Church of God Holiness)
Council Bill 99 was introduced on first reading by Mr Burt; title read
by the Clerk Motion by Mr Burt that Council Bill 99 be approved on
first reading, ordered published, public hearing be set for Monday,
September 26, 1983 at 7 30 p m in City Council Chambers, ~1unicipal
Building, and if approved on second reading, take effect 15 days after
final publication; seconded by Mr Merkl Mr Aiello stated he is
affiliated with the firm that will sell this property and will not vote
if Council feels he should not Motion by Mrs Snow for Mr Aiello to
abstain; seconded by Mr Lewis; failed 2-5 with Councilmembers Snow and
Merkl voting yes and Mr Aiello abstaining Vote on original motion
carried 8-0
CITY COUNCIL ~INUTES
AUGUST 22, 1983
-PAGE -4-
Item 5
Council Bill 100 - An Ordinance repealing and reenacting
Section 21-2 of the Code of Laws of the City of Wheat Ridge
relating to sales tax licenses by providing for no sales tax
license to be issued until the Department of Community
Development has verified the use to which the property is
sought to be placed is allowable under present zoning and
restricting sales activities to locations other than the public
rights-of-way
Council Bill 100 was introduced on first reading by Mrs Snow title
read by the Clerk Motion by I'lrs Snow that Council Bill 100 be
approved on first reading with the changes to "rights-of-way" throughout
Ordinance and leave out "does", ordered published, public hearing be
set for Monday, September 26, 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 Mr Burt carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 6
Motion to approve an additional $9,563 70 for payment to
Schmidt-Tiago Construction Company on the Harlan Street
Drainage Project Schedule II, and that the $9,563 70 be charged
to Account No 31-302-833
~lotion by ~lr Burt to approve an additional $9,563 70 for payment
to Schmidt-Tiago Construction Company on the Harlan Street Drainage
Project Schedule II, and that the $9,563 70 be charged to Account No
31-302-833; seconded by Mrs Snow carried 8-0
CITY ATTORNEY'S I'IATTERS
Mr Hayes asked for an Executive Session under 5 7(b)(3) of the Charter
pertaining to Real Estate Matters Motion by Mr Merkl that we hold an
Executive Session; seconded by Mrs Ore; carried 7-0 with Mrs Snow
abstaining Mr Hayes asked for time on Study Session of August 29,
1983 to bring an Ordinance before Council on referendums and initative
and recall for Charter for discussion Consensus of opinion 5-3 to
bring to Study Session
Hr Hayes stated he is filing brief on the Trainor case this week, also
the Randy Stone matter, the City is scheduled for trial in about 45
days Talked to Russell attorney and is attempting to work out a
stipulation as to facts to present to Court Case has not been set yet,
and estimates the date is Spring
CITY COUNCIL MINUTES
AUGUST 22, 1983
--PAGE -5-
ELECTED OFFICIALS' MATTERS
Mr Hobbs Found copy of map on zonlng discrepancy in Russell Case,
showing Russell property as R-3 Map is an updated 1978, original date
is March 2, 1972 Council feels it should not be brought up for
reconsideration Discussion followed
~1rs Ore stated 44th Avenue reconstruction the north lane gOlng west 1S
horrible and feels it is unsafe for vehicles Detours should be
enforced and night and weekend traffic should have some posting that the
street is dangerous Also Greenbelt path on north side of 44th Avenue
is washed out ~layor Stites stated Mr Hoffmaster has contacted the
Corps of Engineers, and they have agreed to fix the path
Mr Merkl talked on semi-tractors parked on streets, said there was not
an Ordinance to address the situation Wants Ordinance drawn up to boot
trailers that are left on streets Motion by Mr Merkl that Chief of
Police and City Attorney and City Administrator be directed to draw up
an Ordinance directed to overnight parking of semi-trailers on city
streets to be brought back to Council the first meeting in September for
first reading; seconded by Mrs Snow; carried 7-1 with Mr Lewis voting
No
Mr Aiello stated new information has been received on the changing of
Precincts in District IV 1'10tion by 1'1r Aiello that the precinct change
be brought back for reconsideration on September 12, 1983 Council
Meeting; seconded by Mr Hobbs; carried 7-0 with Mrs Snow abstaining
Mrs Snow asked to abstain, the Chair consented to her abstaining
Mr Aiello also stated the Council is using too much of the City
At torney I s time ~1r Hayes charged 49 3/4 hours to Wheat Ridge through
August 21, and will have telephone log by end of month
I'lrs Snow asked ~lr Hayes if there is anything that can be done with
Mr Harmson and his illegal subdivision and also if the City can
abandon the State law and make a City Ordinance of its own with a
little more teeth in our illegal subdivision law Mr Aiello feels
it is a waste of time and thinks it should be brought before the
committee Mr Hayes stated it is too late for Harmson but could be
addressed for the future Mayor Stites stated it will be sent to
Committee
Executive Session was held
Meeting adjourned at 11 10 P m
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Wanda Sang, City Cle
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