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
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Carol F Hampf, City c1er1f
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APPROVED
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