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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 , !} \ I ( 'I j J) L! Nt'?J,L. )"~Ji Wanda Sang, City Cle WS/arnw