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HomeMy WebLinkAbout09/10/1984 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO SEPTEMBER 10, 1984 The City Council Meeting was called to order by the Mayor at 7 30 Councilmembers present Kent Davis, Larry Merkl, Clyde E Hobbs, Keller, Tony FIasco, Nancy Snow, Randy West, and Dan Wilde Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; Attorney, John Hayes; Chief of Planning, Glen Gidley; staff; and interested citizens p m. Moe City Motion Hobbs; ~~ by Mr Wilde for approval of Minutes ~4; seconded by Mr carried 8-0 CITIZENS' RIGHT TO SPEAK Phyllis Lancaster, 4076 Everett Street, asked Council is they were aware of a semi-truck driving school located S of 1-70 Service Road, East of Carr She feels this presents a problem on residential streets--would like Pollution Committee to hear this at their next meeting; she also read a letter from Wheat Ridge United Neighborhoods regarding Storm Water Management Plan into the record Kay Ore, 10565 W 46th Ave , informed Council of a Benefit Dance to be held on behalf of the survivors of the 3 Skydivers The Dance will be on October 5, 1984 from 7-12 p m at the Applewood Inn; Country Fuzz will play, sponsored by Wheat Ridge Today and Tomorrow The cost will be $12 50 per couple PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 141 - An Ordinance providing for the approval of rezoning from Agriculture-One (A-l), Commercial-One (C-l), and Commercial-Two (C-2) to Planned Residential Development (PRD) and approval of an Outline Development Plan on land located at 11680 W 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-84-1) (Warren Johnson) Council Bill 141 was introduced on second reading by Mr Merkl; title read by the Clerk; Ordinance Number 581 assigned Glen Gidley presented the case, entered overheads and slides into the record Warren Johnson, 11680 W 44th Ave., applicant, was sworn in by the Mayor, presented exhibits and gave reasons for rezoning Exhibits were of what he intends to develop if the rezoning is approved Speaking in favor and sworn in by the Mayor were Kay Ore, 10565 W 46th Avenue, who feels it fits in with the Multi-Use Plan and will go along with beautification program; Phil Edwards, 11297 W 44th Avenue, who feels it fits in the area very well and recommends approval; Linda Dadisman, 9910 W. 44th Avenue, who agrees with the Johnson development plan Speaking in opposition and sworn in by the Mayor, was Janice Thompson, 12290 W 42nd Avenue, who stated she is not opposed per se CITY COUNCIL MINUTES September 10, 1984 Page -2- but has difficulty with the language of the plan and the staff report. Motion by Mr Merkl that Council Bill 141 (Ordinance 581) be approved on second reading for the following reasons A This development will be compatible with surrounding land use and zoning B It will conform the Comprehensive Plan for this area as effectively amended by recent rezoning actions in this vicinity to multiple use or high density residential classification,a nd as illustrated by preliminary work by the 44th Avenue Master Plan Committee C This development will meet or exceed all standards for commercial and multi-family residential development established in similar zone districts, while at the same time providing for a unified and integrated planned development which will eliminate several non-conforming uses and building, and result in a positive upgrading of the area and a good utilization and design for the site D All service agencies and departments indicate ability to serve and have no objections E All requirements of the zoning ordinance for an Outline Development plan and a change of zone to PRD have been met F Planning Commission and staff recommend approval G Simms Street not be extended South of 44th Avenue; seconded by Mr Davis Motion by Mrs Snow that Phase I be limited to a maximum of 10 units per acre to be more in conformance with the Comprehensive Plan; seconded by Mr West Mrs Snow stated that she is concerned about staff recommendation that says it is in conformance with the Comprehensive Plan This will set precedent for multi-family units Motion Failed 2-6 with Councilmembers Snow and West voting yes Motion by Mrs Snow for a maximum of 14 units per acre; seconded by Mr West; Failed 2-6 with Councilmember Snow and West voting Yes Vote on Original Motion carried 6-2 with Councilmembers Snow and West voting No Item 2 Council Bill 142 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-I) to Residential-Three (R-3) on land located at approximately 4200 Moore Street, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No WZ-84-13) (Phil Haas) Council Bill 142 was introduced on second reading by Mr Davis; title read by the Clerk; Ordinance No 582 assigned Mr Gidley presented the case Present and sworn in by the Mayor were Phil Haas, 7273 Queen Street, Arvada, applicant, who presented his case and drawings to Council; Sonja Grevillius, representative of Coors, who spoke on behalf of Mr Haas; Dick Clark, 4321 Moore Street, who owns property adjacent to applicant, and is in favor of rezoning Motion by Mr. Davis that Council Bill 142, a request to rezone property located at approximately 4200 Moore Street, from Agriculture-One (A-I) to Residential-Three (R-3) be approved for the following reasons 1 The property is located within the City of Wheat Ridge 2 All notification and posting requirements were met 3 There were no negative agency referrals 4 The rezoning is compatible with surrounding zoning and with R-3 requirements 5 The proposed R-3 zoning is generally conforming to the Comprehensive Plan 6 Planning Commission recommends approval With the following condition That Moore Street be connected with West 42nd Avenue, requiring a street dedication by the applicants along the south edge of their property; seconded by Mr Hobbs CITY COUNCIL MINUTES September 10, 1984 Page -3- Motion by Mr West to amend to R-3A; seconded by Mrs Snow; Failed 4-4 with Councilmembers Keller, Snow, West, and Wilde voting Yes Motion by Mrs Snow to limit units to a maximum of 48 feet; seconded by Mrs Keller" Failed 4-4 with Councilmembers Keller, Snow, West, and Wilde voting'Yes Vote on original Motion carried 5-3 with Councilmembers Snow, West, and Wilde voting No Item 3 Council Bill 143 - An Ordinance vacating a portion of Moore Street, located South of West 44th Avenue within the City of Wheat Ridge, Colorado (Case No WV-84-2) Council Bill 143 was introduced on second reading by Mrs Keller; title read by the Clerk Mr Gidley presented the case Motion by Mr Hobbs that vacation be postponed for 2 weeks; be on September 24, 1984 Agenda, and applicant not be required to attend; seconded by Mrs Snow; carried 8-0 Item 4 Council Bill 144 - An Ordinance providing for the approval of rezoning from Restricted-Commercial (R-C) to Commercial-One (C-l) on land located at 3805 Wadsworth Blvd, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-84-16) (Kunz Construction and Ken Westland for James Riddell) Council Bill 144 was introduced on second reading by Mrs Snow; title read by the Clerk; Ordinance No 583 assigned Mr Gidley presented the Case Applicant Ken Westland, 11411 W. Colfax Ave , presented his plans Motion by Mrs Snow that Council Bill 144, a request to rezone property located at 3805 Wadsworth Blvd , from Restricted-Commercial (R-C) to Commercial-One (C-l), be approved for the following reasons 1 This property is within the City of Wheat Ridge 2 All notification and posting requirements have been met 3 Staff concludes this request is compatible with surrounding zoning and land use 4 It conforms to the Comprehensive Plan 5. The proposed street changes will result in an improved street system 6 Planning Commission recommends approval With the following conditions 1 The applicant agrees to dedicate 5 feet of additional right-of-way along Wadsworth to the Colorado Department of Highways and construct the 5 feet 2 The street intersection turn radius (Wadsworth and 38th Avenue) be enlarged by the applicant to have a 30 foot to 45 foot radius with a handicapped ramp 3 The applicant construct a 4 foot sidewalk along 38th Avenue 4. Exhibit "A" be considered a conditional site plan 5 That Exhibit "A" be recorded at the Jefferson County Recorders Office as an "Official Development Plan" 6 No waiver of 10 foot required landscaping on 38th or Wadsworth; building size can be varied if necessary to make enough room between parking and the additional landscaping, so long as total building does not exceed 4,400 square feet; seconded by Mr Wilde; Motion by Mr Merkl to amend to eliminate condition 6 ; seconded by Mr Davis; carried 6-2 with Mrs Snow and Mr Wilde voting No Original Motion carried 8-0 CITY COUNCIL MINUTES September 10, 1984 Page -4- Motion by Mrs Keller to suspend the rules and go past 11 00 p m and finish the Agenda in its entirety; seconded by Mr. Wilde; carried 5-3 with Councilmembers Davis, Hobbs, and Merkl voting No ORDINANCES ON FIRST READING Item 5 Council Bill 147 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-I) to Residential-Three (R-3) on land located at 4375 Moore Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-84-14) (Gilbert and Mildred Gerhardt) Motion by Mr Merkl that Council Bill 147 be approved on first reading, ordered published, public hearing set for Monday, October 8, 1984 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 8-0 Item 6 Council Bill 148 - An Ordinance providing for the approval of rezoning from Residential-One (R-l) to Residential-Two (R-2) on land located behind 2650 and 2674 Lamar Street at approximately 2651 Kendall Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-84-15) (Paul and Bernice Stoll and Elaine Beher) Motion by Mr Wilde that Council Bill 148 be approved on first reading, ordered published, public hearing set for Monday, October 8, 1984 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 8-0 Item 7 Council Bill 149 - An Ordinance providing for the approval of Rezoning from Restricted-Commercial (R-C) to Commercial-One (C-l) on land located at 7690 West 38th Avenue and 3790 Yukon Court, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-84-21) (Friendly Ford, Inc ) Motion by Mr West that Council Bill 149 be approved on first reading, ordered published, public hearing set for Monday, October 8, 1984 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 Wilde; carried 8-0 Item 8 DECISIONS, RESOLUTIONS, AND MOTIONS Motion regarding items to be placed on the September 17, 1984 Study Session Motion by Mrs Keller for approval of list and Wheat Ridge Sanitation District, Emergency Preparedness, and Wheat Ridge Friendship Fair; seconded by Mrs Snow; carried 8-0 CITY COUNCIL MINUTES September 10, 1984 Page -5- Item 9 Request by Pierce Electronics, dba ~oundtrack, for i~formal initial discussion to finance a proJect through the lssuance of Industrial Development Revenue Bonds Tom Gordon of United Bank of Denver presented Soundtrack's request to Council Bill Pierce, owner of Soundtrack, presented his company's development Consensus for bank to proceed with these Bonds was 8-0 CITY ADMINISTRATOR'S MATTERS Tom Palmer stated that the Urban Renewal Authority Budget Meeting is set for September 19, 1984, at 7 00 P m CITY ATTORNEY'S MATTERS John Hayes informed Council that City won the appeal in the Trainor Case ELECTED OFFICIALS'S MATTERS Motion by Mr Davis for adjournment; seconded by Mr Merkl; Failed 3-5 with Councilmembers Davis, Hobbs, and Merkl voting yes Mrs Keller asked when 44th Avenue will be striped; asked Mr Gidley about Ordinance on Used Car Lots; asked if it will be on Agenda on September 24 Mr Gidley replied he would have it available on informal basis Mr. Hobbs addressed expenditures by City--limit of $5,000 without Council approval; moved to lower the limit to $1,500; seconded by Mr Davis; Failed 4-4 with Councilmembers Davis, Keller, FIasco, and Hobbs voting Yes Motion by Mr Hobbs to have a Resolution brought in with a limit of $2,500 on expenditures with James Malone present on September 24, 1984 Agenda; seconded by Mr. West; carried 7-1 with Mr Merkl voting No Mrs Snow asked Mr Palmer about dump trucks on Young field; wants a rough weight they're putting on our streets; states they are dumping dirt on streets; asks about businesses going in on a piece of property without putting a building up, don't they have to conform to landscaping ordinance (she used a car lot for an example); moved to have the Urban Renewal Authority Budget one fund when it is returned to us; a budget break down with line items; seconded by Mr. West; carried 8-0. Motion by Mr West for adjournment; seconded by Mr Merkl; carried 8-0. Meeting adjourned at 12 10 a m oA ::;7/'d-ne-t Wanda Sang, DECISIONS, RESOLUTIONS, AND MOTIONS Item 12 A) Resolution 916 - adopting the 1984-85 Community Development Plan, as required by the Community Development Block Grant Program, and authorizing the Mayor to certify completion of this plan to the State of Colorado Motion by Mr Merkl for the adoption of Resolution 916; seconded by Mr Hobbs; carried 8-0 B) Resolution 917 - designating the Director of Community Development as the Certifying Official for purpose of completing an environmental review of the 1984 community Development Block Grant Program in the City of Wheat Ridge and be authorized to accept any Lawsuit regarding such environmental review on behalf of the City of Wheat Ridge Motion by Mr Wilde for the adoption of Resolution 917; seconded by Mrs Keller; carried 8-0 Item 13 Motion by Mr Hobbs that the grievance procedure for handicapped discrimination complaints be adopted; seconded by Mrs Keller; carried 8-0 Item 14 Motion by Mr Hobbs that we pay Kubat Equipment and Service Company $3,181 for the extra work required as outlined above, and that the amount be charged to Account No 31-305-812; seconded by Mr Merkl; carried 8-0 Motion by Mrs Snow to hold an Executive Session under Section 5 7(b)(1)(A) of the Charter and to adjourn meeting after Executive Session; seconded by Mr West carried 8-0 EXECUTIVE SESSION WAS HELD Meeting adjourned at 11 20 p m ~ I