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Home My WebLink About09/24/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO September 24, 1979 The September 24, 1979 Regular City Council Meetino was convened by Mayor Phillips at 7 30 P m Councilmembers present Mary Jo Cavar~a Joseph M Donaldson,Anthony N Flasco Gary Lewman,Rav Pepe,Louise Turner Also present City Clerk Carol F Hampf, Treasurer James ~la lone, City Attorney Ed Lambert, Department Heads Dougl as Hilyard, Ed Pinson and Charles Stromberg, staff and interested citizens APPROVAL OF MINUTES MOTION by Mr Donaldson to approve the Minutes of September 17, 1979, seconded by Mrs Turner carried 6-0 PUBLIC CO~1MEtn James F Larter, 3462 Moore Ct , asked Council to look into the traffic situation that will be created near Everitt Junior High School when the 12-bay carwash is bu i It ~10TION by r'1r Flasco to hold an Executive Session at the end of Council Meeting regarding the Boards and Commissions' case and the new Richter case, seconded by Mr Donaldson, carried 6-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Reopen Public Hearing on Top's Coffee Shops, 4300 Wadsworth Boulevard, to questions by Mrs Turner and tk Donaldson per motion of September 17th and decision on application A E Anderson, Attorney, and Mr Dewey Dutton, Applicant, were present to answer ques ti ons Deferred moti on was read by the Cl erk MOTION by ~1r Lewman "I move that the Application for a New Class G - Hotel and Restaurant License With Extended Hours - for Top's Coffee Shop, located at 4300 Wadsworth Boulevard, Wheat Ridge, Colorado, be approved for the following reason That it is apparent that the needs of the neighbor- hood are not being completely served by the existing establishments", --seconded by Mrs Cavarra, carried 4-2 with Councilmembers Flasco and Pepe voting rw Ordinance No 360 Providing for the Rezoning of land from Residential- One (R-1) to Planned Residential Development (PRD) and approval of a Preliminary Development Plan on property located at 6475 W 29th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-79-25) Mr Stromberg read Staff comments, entered the exhibits into the record, and read the Minority Report from Planning Commission Hearing Dan Moyle, Attorney for the Applicant, entered Applicant's Exhibit No 1, a letter from the Wheat Ridge Sanitation District and Applicant's Exhibit No 2, a letter from Con- solidated Mutual Water District Oscar Helmich, 14455 32nd Avenue, Golden, and John Byerly, 15075 West 32nd Avenue, Golden, explained their plans for the development and stated that the Planning Commission conditions would be met be- fore the Final Development Plan would be submitted Speaking in opposition were Gerald Ehlers, 2750 Newland St , Charles Curtis, 6480 West 31st Avenue, Jesse L Honnold, 6730 West 31st Ave, Ben L Chastain, 3250 Ma~hall (Spokes- man for Area 4 Citizens Planning Committee), Lillian Fleming, 6363 West 29th Ave, Ronald J Gehauf, 2890 Newland, Erwin Jaggi, 2905 Kendall, Eugene Kiefel, 2935 Kendall -- who were primarily opposed to the density and the dralnage Bruce Douglas, 6635 West 31st Avenue, stated that he was opposed because this is a bad plan, but would prefer it to the greenhouses Douglas Billen, 6520 West 29th Ave, spoke in favor of the development Letters in favor were also received from Ed Lightner, Greta and Floyd Galyean, Clement and Jacqueline Bisant, and Frank Christensen Petitlons (admitted as Protestersr-Exhibit No 1) were presented by Lillian Fleming, 6363 West 29th Ave, Mabell Rossilion, 6505 Wes t 35th Avenue, Arthur Coleman, 3070 Kendall, Irene Gl bbs, 3020 Jay, and Vernon Coffey, 3003 Newland AlLegal Protest (enterea-as-vrotesters' Item 2 CITY COUNCIL MINUTES September 24, 1979 Page -2- Exhibit 2) was presented by Mrs Fleming Mr Lambert, City Attorney, ruled that the requirements according to CRS 31-23-305 have not been met and also, it probably does not apply as Wheat Ridge is a Home Rule City -- therefore, only a majority vote of Council would be required MOTION by Mr Lewman that Ordinance No 360 be denied for the following reasons (1) Hhile the proposed development of Byerly Square (WZ-79-25) marginally com- plies with the Comprehensive Plan in terms of total density, it does not comply with the existing density in the neighborhood and therefore tends to constitute spot zoning, (2) The proposed develop- ment does not comply with the needs and desires of the residents of the neighborhood, (3) The applicant has not presented any evi- dence that the property cannot be developed in its existing zoning classification, and (4) the denial of this zoning request does not deny the applicant the reasonable use of his property -- seconded by Mr Pepe, carried 6-0 Item 3 Public Hearing re General (Operating) Sales Tax Improvements, Park Acquisition, Conservation Trust, and Revenue Sharing Budgets for the 1980 fiscal year for the City of Wheat Ridge Barbara Brockman, 11715 West 33rd Place, Claudia Worth, 4650 Oak, Kendall Gish, 3871 Eaton, Frances Cobb, 4470 Ingalls, and Leroy Hoffman, 12061 W 32nd Drive, spoke requesting (1) As much drainage monies as possible be put into Lena Gulch, 38th and Eaton and 44th and Harlan areas, (2) the Kullerstrand Elementary School athletic field and (3) 44th Avenue MOTION by Mr Lewman that the decision relating to the status of the budget be deferred until the next regular Council Meeting on October 8th, seconded by r~rs Cavarra, carried 6-0 ORDINANCES ON FIRST READING Item 4 An Ordinance providing for the approval of Rezoning from Hospital- Two (H-2) to Residential One (R-1) for land located at approximately 3400 Dudley, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-79-7) The Ordinance was introduced by Mrs Cavarra, numbered 363, and the title read by the Clerk MOTION by Mrs Cavarra that Ordinance No 363 be adopted on first reading and ordered published, that a Public Hearing be set for Monday, October 15, 1979 at 7 30 pm, in City Council Chambers at 7500 W 29th Ave, Municipal Building, Wheat Ridge, Colorado, and that the Ordinance, if approved on second reading, take effect 15 days after final publication, seconded by Mr Lev~an, carried 6-0 Item 5 An Ordinance amending Subsection B 1 a , concerning Permits, of Appendix A, Section 24, Zoning Ordinance, of The Code of The City of Wheat Ridge, Colorado, by the addition of a Subparagraph (4) (Excavation and Deposit Control) The ordinance was introduced by Mr Donaldson, numbered 364 and the title read by the Clerk MOTION by Mr Donaldson that Ordinance No 364 be adopted on first reading and ordered published and posted, that a Public Hearing be set for Monday, October 15, 1979 at 7 30 pm, in City Council Chambers at 7500 W 29th Ave, Municipal Building, Wheat Ridge, Colorado, and that the Ordinance, if approved on second reading, take effect 1 day after final publication, seconded by Mr Flasco, carried 6-0 DECISIONS, RESOLUTIONS AND MOTIONS Item~ Preliminary hearing on application for a Class J-1 - 3 2% Beer (Retail) License for Koch ~1arketing Company, d/b/a Hudson Oil Company, located at 4795 Kipling Street, Wheat Ridge, Colorado MOTION by Mr Lewman "I move that a Public Hearing be held on the application by Koch Marketing Company, d/b/a Hudson Oil Company, for a Class J - 3 2% Beer Retail License - on October 22, 1979, and that the area for the neighborhood survey be set at a I-mile radius", seconded by Mr Donaldson, carried 6-0 CITY COUNCIL MINUTES September 24, 1979 Page -3- Item 7 Application for renewal of a Class E -Liquor Licensed Drug Store - license for Fishman Drug Company, d/b/a Ridge Drug Company, located at 5395 West 38th Avenue, Wheat Ridge, Colorado MOTION by /1rs Cavarra "I move to approve the renewal of a Class E - Liquor Licensed Drug Store - license for Fishman Drug Company, d/ b/a Ridge Drug Company, located at 5395 West 38th Avenue, Wheat Ridge, Colorado", seconded by f~r Pepe, carried 5-1 with Mr Flasco voting NO Item 8 Planning Commission response to Council referral re 44th Avenue Advisory Committee Report Claudia Worth, 4650 Oak, gave a summary of the 44th Avenue Report Council asked that all pending motions regarding 44th Avenue be researched for the October 8th Budget decision Item 9 Motion to place a Moratorium on Courtesy Bench Permits pending adoption of Ordinance MOTION BY Mrs Cavarra "I move that a moratorium be placed on the approval of the pending as well as future building permits for courtesy benches until Council has adopted a new ordinance regu- lating courtesy benches If no new ordinance is adopted, the moratorium will automatically expire on November 30,1979", seconded by Mr Pepe, carried 6-0 Item 10 Budget Transfer Resolution appropriating funds for the City's contri- bution towards the Columbia Heights Library Resolution introduced by Mr Pepe, numbered 662, and the title read by the Clerk Ben Chastain spoke regarding concerns about the Library and the Library Board's expenditures at that location MOTION by Mr Donaldson to table the resolution until it can be determined just how much money has been spent, seconded by Mrs Cavarra, carried 6-0 Item 11 Motion to approve final payment to Alpine Roofing Company, Inc for roof replacements at Prospect Park in the amount of $10,392, to be charged to Account No 31-603-800-862 ~10TIOtj by Mr Lewman "I move to approve final payment to Alpine Roofing Company, Inc for roof replacements at Prospect Park in the amount of $10,392, provided that no claims are received in response to the notice of final settlement Payment is to be charged to account No 31-603-800-862", seconded by Mr Donaldson, carri ed 6-0 MAYOR'S /,1ATTERS MOTION by Mr Lewman that Edward R Pinson be appointed to the Jefferson Animal Shelter Board of Directors as the City of Wheat Ridge's representative to said intergovernmental agency as an Interim appointment until a new City Administrator is appointed, seconded by Mrs Cavarra, carried 6-0 MOTION by Mr Lewman "I move that the Commissioners of the County of Jefferson be advised the City of Wheat Ridge desires to continue negotiations on the original concept of condemnation procedures", seconded by Mr Pepe, carried 6-0 CITY ADmNISTRATOR' S ~lATTERS Mr Hilyard announced that he has been appointed City Manager in Coos Bay, Oregon, and will be leaving the City CITY COUNCIL MINUTES September 24, 1979 Page -4- COUNCILMEMBERS' MATTERS r~OTION by Mrs Turner that the Ci ty send a representati ve or a wri tten request to be read into the RTD Budget Hearing records that RTD budget monies for repair of the streets, curbs and sidewalks damaged by the buses, seconded by Mr Donaldson, carried 5-1, Mrs Cavarra voting NO, because she felt the cost would be so great that bus fares would become prohibitive Mr Lewman distributed a copy of his report on the Cable TV Seminar MOTION by Mr Lewman to refer the DRCOG packet, relative to air quality to the Police Advisory Committee for review and comment, seconded by Mr Pepe, carried 6-0 Executive Session was held ADJOURNMENT The meeting adjourned at 12 30 a m , . c ~, ( ,-r, L t /} 27) Carol F Hampf, City'C erk / APPROVED L CFH,fg,chj,