Loading...
HomeMy WebLinkAbout07/09/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO July 9, 1979 The July 9, 1979 Regular City Council Meeting was convened by Mayor Phillips at 7 30 pm Councilmembers present Mary Jo Cavarra (arrived at 7 35 pm), Joseph M Donaldson, Anthony N Flasco, Gary Lewman, Louise F Turner and Ray C Pepe Also present City Clerk, Carol F Hampf, City Treasurer, James Malone, City Attorney, Edmund G Lambert, Department Heads Douglas Hilyard and Charles Stromberg, staff, interested citizens PUBLI C COMMENT No one was present for Public Comment APPROVAL OF MINUTES MOTION by Mr Donaldson "I move for the approva 1 of the mi nutes of the meetings of Junel8 and June 25, 1979", seconded by Mrs Turner, carried 5-0 PUBLIC HEARINGS Item 1 Ordinance No 337 - Providing for the approval of rezoning from Residential-Three (R-3) and Commercial-One (C-l) to Commercial-One (C-l) for property located at 3834 Reed, City of \'Jheat Ridge, County of Jefferson, State of Colorado (Case No WZ-78-69D) The Ordinance was introduced on Second Reading by Mr Lewman and the title read by the Clerk Mr Stromberg stated that this is a zoning discrepancy case, a part of what had originally been one case, but had been divided by Council into four separate cases He gave the Staff comments and read a letter from Mrs Havens into the record Maurice Fox, the attorney representing the owners in this case and the three succeeding cases, called attention to Wheat Ridge Ordinances No 11 and No 98 and the Wainwright case He called Mr Glen Gidley of the Wheat Ridge Planning Staff as a witness regarding requests of Staff as to the zoning on this property Maureen Hron, 3835 Quay, spoke in opposition Slides were shown and a petition signed by owners of the lots within a 100-foot radius was submitted, as well as a copy of her remarks MOTION by tlrs Cavarra that this case be taken under advisement for a week, no new testi- mony be entered, Council be furnished a copy of the Decision that Mr Fox submitted in evidence, that any files Mr Fox holds in his office concerning this Wainwright litigation be submitted to the present City Attorney, and that we discuss the matter with the City Attorney prior to decision, seconded by Mr Donaldson, carried 6-0 Item 2 Ordinance No 336 - Providing for the approval of rezoning from Residential-Three (R-3) and Commercial-One (C-l) to Commercial-One (C-l) for property located at 3833 Quay, City of \~heat Ridge, County of Jefferson, State of Colorado (Case No WZ-78-69D) The Ordinance was introduced on Second Reading by Mr Lewman and the title read by the Clerk Mr Stromberg gave Staff comments t1r Fox asked that previous testimony regarding the ordinances and the Wainwright case be incorporated into the record Mr Fox, representing the Yoders, called Homer F Yoder, 3833 Quay Street, Sharla Yoder, same address, and Chet Myers, 3940 Dudley He introduced into evidence Exhibit-l, a petition, Exhibit-2, a letter from previous owner of the property, Selma Morgan, Exhibit-3, a realtor's advertisement, Exhibit-4, Wheat Ridge City Building Permit, and Exhibit-5, a petition submitted later in the hearing in response to opposition comments Mr Fox called Mr Stewart to testify but as he is a member of the Planning Commission, it was ruled that he would not testify Mr Fox replied that he only wished to question him regarding the Planning Commission in 1971 and 1972, at the time Ordinance 98 was adopted Maureen Hron spoke in opposition, showed slides and indicated that one of the petitions had been solicited at Valente's Restaurant, rather than from local people Kathryn Havens, 7060 West 39th Avenue, also spoke in opposition CITY COUNCIL MINUTES July 9, 1979 Page -2- referring to her letter which had already been read MOTION by Mrs Cavarra "I move that this case be taken under advisement, no new testimony introduced, the decision being rendered next week, the only discus- sion will be between the Council and the City Attorney based on the evidence that was introduced and the prior ordinance", seconded by Mr Donaldson, carried 6-0 Mayor Phillips announced that on Saturday, July 14, at 1 30 pm, the Rainbow Division, World War I Veterans would present a flag to the Community Center (old Fire House on Depew Street) Colors will be posted by the Boy Scouts Item 3 Ordinance No 335 - Providing for the approval of rezoning from Residential-Three (R-3) and Commercial-One (C-l) to Commercial-One (C-l) for property located at 3820 Quay, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-78-69D) The Ordinance was introduced on Second Reading by Mr Lewman and the title read by the Clerk Mr Stromberg gave Staff comments A Building Permit has previously been issued on this property by the City for paving and parking lot Mr Fox, representing the land owner, made the same request to enter previous items into the record plus the petition and Mr Stewart's testimony as would have been given from Item 2 Mr Fox called Mr Dontje, 7811 V/est 72nd Place, Arvada to testify He introduced Exhibit-l, a letter from the previous owner, Ralph and Lena Brenning, and Exhibit-2, a letter to Mr Deandrea (realtor) as to the zoning on this property Maureen Hron spoke in opposition and showed slides Mrs Cavarra moved that this case be taken under advisement, that no further testimony be submitted, that a decision be rendered next week after discussion between City Council and the City Attorney regarding evidence presented in the hearing, and that a copy of the Building Permit be submitted, seconded by Mr Donaldson, carried 6-0 Item 4 Ordinance No 334 - Providing for the approval of rezoning from Residential-Three (R-3) and Commercial-One (C-l) to Commercial-One (C-l) for property located at 3825 Pierce, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No V/Z-78-69D) The Ordinance was introduced on Second Reading by Mr Lewman and the title read by the Clerk Mr Stomberg gave Staff comments r1r Fox asked for the previous records to be accepted and introduced Exhibit-l, the voting discrepancy case Staff Report He called Paul Dontje, property owner, to testify t10TION by Mrs Cavarra "I move that this case be taken under advisement, the decision rendered next Monday night, that no further testimony be taken, that the City Council discuss with the City Attorney the evidence furnished", seconded by Mr Donaldson, carried 6-0 Item 5 Application by John V/ilson for approval of a Special Use Permit for a motor fueling station in a Commercial-One (C-l) zoning district for property located at 3210 Youngfield (Case No SUP-79-5) Mr Stromberg gave the Staff comments indicating that the service station requires a Special Use Permit in order to remodel and make improvements MOTION by Mr Lewman "I move that Case No SUP-79-5, a request for a Special Use Permit for a service station in a C-l zone be approved for the following reasons (1) requirements for publishing, posting and notification have been met, (2) the Planning Commission recommended approval of the Special Use Permit at their meeting of June 7, 1979 and they denied related request for a V/aiver of Curb Cut requirement at the same meeting, (3) and there were negative considerations relating to the character of the surrounding uses, but they are compatible with a service station", seconded by Mr Pepe, carried 5-1 with Mr Flasco voting NO CITY COUNCIL MINUTES July 9, 1979 Page -3- Item 6 Ordinance No 338 - Providing for the use of a certain parcel of land in the vicinity of Independence Court, City of Wheat Ridge, Colorado, for the purpose of installing, maintaining and having access to a certain footbridge The Ordinance was introduced on Second Reading by Mr Lewman and the title read by the Clerk MOTION by Mr Lewman "I move that Ordi nance 338 be adopted on Second Reading", seconded by Mrs Cavarra, carried 6-0 Item 7 Ordinance No 339 - Adding job classifications and amending Ordinance No 305, Series of 1978, Section I, Merit and Civil Service Classifi- cation, Building Custodian, Data Entry Clerk, Sales Tax Auditor, and Data Systems Programmer The Ordinance was introduced on Second Reading by Mr Donaldson and the title read by the Clerk MOTION by tk Donaldson "I move Ord i nance 339 be adopted on Second Reading and that it be published", seconded by Mr Flasco, carried 5-1 with Mr Pepe voting NO ORDINANCES ON FIRST READING Item 8 An Ordinance providing for the approval of rezoning from Residential- Two (R-2) to Restricted Commercial One (RC-l) for land located at 7590 West 48th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-78-110) The Ordinance was introduced by Mr LevMan, numbered 341, and the title read by the Clerk ~10TION by Mr Lewman "I move that Ordinance No 341 be adopted on First Reading and ordered published, that a Public Hearing be set for Monday, July 30, 1979, at 7 30 pm, in City Council Chambers at 7500 West 29th Avenue, Municipal Building, Wheat Ridge, Colorado, and that the Ordinance, if approved on Second Reading, t a k e e f f e c t 1 5 day s aft e r fin alp u b 1 i cat ion", seconded by Mr Pe[)e, carried 6-0 Item 9 An Ordinance providing for the approval of a map correction from Residential-One A (R-1A) to Planned Residential Development (PRD) for property located at 4242 Jellison, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-78-59D) The Ordinance was introduced by Mr Donaldson, numbered 342, and the title read by the Clerk MOTIONbyt~r Donaldson "I move to adopt on First Reading this Ordinance No 342 and order it published and posted, that a Public Hearing be set for Monday, July 30, 1979, at 7 30 pm, in the City Council Chambers at 7500 West 29th Avenue, Municipal Build- ing, Wheat Ridge, Colorado, and that the Ordinance, if approved on Second Reading, take effect 15 days after final publication", seconded by Mr Lewman, carried 6-0 Item 10 An Ordinance providing for the approval of a map correction from Residential-Two (R-2) to Residential-One (R-l) for property located at 6650 West 33rd Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-78-87D) The Ordinance was introduced by nr Lewman, numbered 343, and the title read by the Clerk MOTION by ~1r Lewman "I move that Ordinance No 343 be adopted on First Reading and ordered published and posted, that a Public Hearing be set for Monday, July 30, 1979, at 7 30 pm, in City Council Chambers at 7500 West 29th Avenue, Municipal Building, Wheat Ridge Colorado, and that the Ordinance, if approved on Second Reading, take effect 15 days after final publication", seconded by Mr Pepe, carried 6-0 CITY COUNCIL MINUTES July 9, 1979 Page -4- Item 11 An Ordinance providing for the approval of a map correction from Residential-One C (R-1C) to Residential-Three (R-3) for property located at 4784 Carr Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-78-57D) The Ordinance was introduced by ~1r Donaldson, numbered 344, and the title read by the Clerk t~OTION by ~1r Donaldson "I move that Ordinance No 344 be adopted on First Reading and ordered published, that a Public Hearing be set for Monday, July 30, 1979, at 7 30 pm, in City Council Chambers at 7500 West 29th Avenue, Municipal Building, Wheat Ridge, Colorado, and that the Ordinance if approved on Second Reading, take effect 15 days after final publication", seconded by Mr Lewman, carried 6-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 12 Application by Wheat Ridge Carnation Festival 1979, Inc , for Special Events Permit to sell 3 2% Beer Retail - August 23, 24 and 25 MOTION by Mr Pepe "I move that the Special Events Permit for the Wheat Ridge Carnation Festival 1979, Inc to sell 3 2% Beer Retail for the period of August 23, 1979, 6 00 P m to 12 00 midnight, August 24, 1979, 6 00 P m to 12 00 midnight, and August 25, 1979, 11 00 a m to 12 00 midnight, be approved and I further move that the use of the street to the north of 38th and High Court be approved", seconded by Mr Donaldson, carried 6-0 COUNCIL MEMBERS' MATTERS Mrs Turner submitted a draft of an ordinance requlrlng debris to be kept out of waterways, the ordinance to be put in finished form by the City Attorney's Office and brought back to Council ADJOURW1ENT The meeting adjourned at 12 10 a m -7 / ~ ~(('(d( ';?//L/7 Carol F Hampf, City c1er1f / APPROVED CFH/fg '1/1 {;,;, / ., cr ~t:r