HomeMy WebLinkAbout09/28/1981
September 28, 1981
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
The City Council meeting was called to order by the Mayor at 7 30 p m
Councilmembers present Pat Aiello, Bill Bowman, Mary Jo Cavarra, Kent
Davis, Ken Lewis, Larry Merkl, and Louise Turner Also present City
Clerk, Carol Hampf, City Administrator, Tom Palmer, City Attorney, John
Hayes, Department Heads Hugh Brown, Charles Stromberg, and Rodger
Young, staff, and interested citizens
Mayor Stites presented the Employee of the Year Award to
Victor Neiberger
Motion by Mr
seconded by Mr
Bowman for approval of the i-1inutes of September 14, 1981,
Davis, carried 8-0
PUBLIC COMMENT
Kenneth Collins, 9900 W 41st Ave, came in regards to his shallow well
near Lena Gulch, that had gone dry
Harley M Noles, 3450 Depew, requested some assistance from City staff
to quiet the noise after hours at Panorama Park
Clyde Hobbs, 3835 Independence Ct , asked if handing in candidate
petitions constitutes a public anouncement for office
Clement Bisant, 2980 Newland, spoke in opposition to the expansion of
Stites Park
Naomi Ashcraft, 3375 Flower, spoke in regards to her quiet title action
at Lee's Lake
PUBLIC HEARINGS AND ORDINANCES ON SECOND READINS
Item 1
Council Bill 76 - An Ordinance providing for the approval of
rezoning from Agricultural-One (A-l) to Commercial-One (C-l)
for land located at approximately 4200 Parfet Street, City of
Wheat Ridge, County of Jefferson, State of Colorado (J J
Trainor, LeRoy D Michael, and Mary Michael) (Case No
WZ-81-1) (SUP-81-1) (Postponed from August 10,1981)
(Appeal from Planning Commission Denial)
It was stated that applicant has requested a second postponement and
staff had no objection to that continuance, but were prepared to hear
the case tonight Motion by Mrs Ore that due to the second request for
postponement, we dismiss the case, seconded by Mrs Turner, carried 6-2,
with Mr Bowman and Mr Lewis voting No Mr Lewis stated he is voting
no because their legal counsel was not available
Item 2
Council Bill 87 - An Ordinance providing for the approval of
rezoning from Residential One (R-l) to Residential One A
(R-1A) on land located at 11251 W 38th Ave, City of Wheat
Ridge, County of Jefferson, State of Colorado (John M
LaGuardia) (Case No WZ-81-16)
Council Bill 87 was introduced by Mr Davis on second reading, title
read by the Clerk Mr Stromberg gave the staff report John M
LaGuardia, 4065 Balsam, applicant, was present to speak There was no
one present in opposition Motion by Mr Davis that Council Bill 87
(Ordinance 466), a request for change of zone from R-l to R-1A, at 11251
W 38th Avenue, be approved for the fOllowing reasons A Planning
Commission and staff recommend approval B The request is compatible
with surrounding land uses C The request conforms to the
Comprehensive Plan, seconded by Mr Aiello, carried 7-1, with Mrs
Turner voting No Mrs Turner stated she was voting no, because the
present plan conforms to the Comprehensive Plan and is compatible with
surrounding land use, development, and zoning, and there is no reason
for the zoning except for additional houses
CITY COUNCIL MINUTES
September 28, 1981
Page -2-
Item 3
---
A
Council Bill 88 - An Ordinance finding the existence of
bl ighted areas wi thin the City, and the need for the
redeveloment and rehabilitation of said areas,
declaring it to be in the public interest that an urban
Renewal Authority be organized, organizing and
establishing the Wheat Ridge Urban Renewal Authority
pursuant to State Statute, directing the Mayor to
appoint commissioners to serve on said Authority
B Urban Renewal Plan for the revitalization of the Hub
Area of the Wadsworth Town Center
Council Bill 88 was introduced on second reading by Mr Merkl, title
read by the Clerk Mr Stromberg gave the staff report, requested that
the staff report and Urban Renewal Plan be a part of the record, and
gave the statutory definition of "blight" The following people were
present and spoke in favor of the Authority and Plan Steve Driftmeier,
2930 Vance, Gaylord Stumm, 11885 W 37th, Marilyn Martin, 3150 Xenon,
Donald E Lancaster, 4076 Everett, and Genie Merkle, 3891 Estes Tom
Woodford, 3645 Moore, representing the Wheat Ridge Fire District, had
some questions regarding fire protection Dave Kissell, 4115 Upham, was
enquiring about statements that had been made by someone regarding
parking in the back of the buildings Nancy Snow 11155 W 40th Ave,
spoke in opposition Motion by Mr Merkl that Concil Bill 88 (Ordinance
467) be approved on second reading and ordered published, and that the
Public hearing on the Plan be continued until October 12, 1981, and that
the Plan be placed on the October 5, 1981 Study Session Agenda for
Council discussion, seconded by Mr Bowman, carried 6 in favor, Mr
Davis abstaining (as had been requested tonight and previous nights),
and Mrs Turner voting No, giving as her reasons that she had pointed
out previously that the designated area is not a blight area, that it
had been shown in previous presentations that the designation of a
blighted area was determined less by the existence of blight than for
the opportunity of innovating financing, and that whereas it had been
stated that the costs could never fall back on the residents of the
City, it is possible that the Sanitation and the Fire districts could
require additional revenue and therefore additional mill levy
Mr Merkl left the meeting at this time
Item 4
Council Bill 79 - An Ordinance amending Sections 16,17,18,
19, and 272 of Appendix A, Zoning Ordinance of the Code of
the City of Wheat Ridge, Colorado, which pertain to
landscaping (Postponed August 24, 1981)
Council Bill 79 was introduced on second reading by Mr Davis, title
read by the Clerk Dougal Graham, 3330 Chase, and Donald E Lancster,
4076 Everett, spoke in opposition to the Ordinance Dr Robert Irish,
4300 Harlan, spoke in favor Motion by Mr Davis that Council Bill 79
(Ordinance 468) be approved with the revisions suggested by the Council
Community Development Committee with the addition of the words "or
waiver" on line 15 of Section 6, following the word "transfer", seconded
by Mr Aiello, carried 5-2, with Mrs Cavarra and Mrs Turner voting No,
Mrs Cavarra stating that the Ordinance could not be voted for if people
really want beautification and Mrs Turner stating it is in conflict
with the intent of other City ordinances
(The revisions referred to in the above motion are
Section 6 The existing wording in this section is replaced
by the existing wording in the zoning ordinance
(Section 27 2,5 ) with the following sentence to
be added at the end of the paragraph "Wherein
the application of this ordinance would result in
the loss of required parking spaces, the
provisions of this subsection shall be waived by
the Community Development Department without
necessity for a public hearing"
CITY COUNCIL MINUTES
September 28, 1981
Page -3-
Section c7 (d) (1) Change the 15ib to 10%
(3) I\dd new sentence after per iod to read as
follows "An area of not more than
three (3) feet of street right-of-way
may be included in calculating the
minimum 10% requirement if intended to
be landscaped"
(4) Add ne'.... subsection (4) to read as
follows "Nothing contained in this
section shall prohibit any landowner
from landscaping in excess of the
minimum requirements stated herein
Failed Motion by Mrs Cavarra that Section 6, 4th line from the bottom,
following the word "ordinance" add "as it pertains to remodeling or
alteration of structures without adding square footage", seconded by
Mrs Turner, failed 2-5 with Councilmembers Bowman, Davis, Lewis,
Aiello, and Ore voting No Failed Motion by Mr Lewis that Section 6,
line 6, following the word "altered" delete "or value added to the
premises by proposed improvements, whichever is higher, up to a maximum
required for that district Existing valuation and valuation of
proposed changes shall be based on Uniform Building Code valuation
tables" Seconded by Mr Aiello, Failed 3-4, with Councilmembers
Bowman, Cavarra, Ore, and Turner voting No
Item 5
Council Bill 86 - An Ordinance amending Section 27 of Appendix
A, Zoning Ordinance of the Code of the City of Wheat Ridge,
Colorado, whiCh sections pertain to Conditional Zoning and
Site Plan Requirements applicable to all districts
Council Bill 86 was introduced on second reading by Mr Bowman, title
read by the Clerk Motion by Mrs Cavarra that Council Bill 86 be
approved on second reading, take effect 15 days after publication,
seconded by Mr Davis Motion failed 4-3 with Mr Lewis, Mr Aiello,
and Mrs Turner voting No Motion failed because it did not receive the
requisite 5 affirmative votes Motion by Mr Aiello received no second,
was to refer the Council Bill back to the Community Development
Committee for discussion and possible revision of the small format site
plan
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 6
Preliminary Hearing on application for a Class J-1, 3 2% Beer
Retail License for Dillon Companies, Inc , dba King Soopers,
located at approximately 5275 West 38th Avenue
Motion by Mr Aiello that the neighborhood be set at a 1-mile radius and
that the Public Hearing on this application be set for October 26, 1981,
seconded by Mr Bowman, carried 7-0
Item 7
Award of bid for the 1981 Curb, Gutter, and Sidewalk Repair
Program (PW 81-3)
Council inquired if additional participants had applied following the
deadline Mr Young stated that approximately 20 people had to this
date Council then requested that as many of these people, up to the
$75,000 budgeted to the account, be included into the program, if he can
work it out with the contractor Motion by Mr Lewis that we accept the
four bids submitted for the 1981 Curb, Gutter, and Sidewalk Repair
Program PW 81-3 and award the contract to Heritage Concrete for the
amount of their bid of $70,536 55 plus a 10% contingency of $7,053 45
and authorize the Director of Public Works to sign any change order to
the contract up to the funds appropriated herein I further move that
the City s portion of $75,000 be transferred from Account 31-302-800-833
to Account 31-303-800-840 and that all monies paid by the participating
homeowners be added to Account 31-303-800-840 to cover the cost of the
project, seconded by Mr Davis, carried 6-1, with Mrs Turner voting No
CITY COUNCIL MINUTES
September 28, 1981
Page -4-
Item 8
Proposed Moratoriu~ on Arcade Licenses
Ordinance 469 - An Emergency Ordinance suspending the
provisions of Chapter 3A, Amusements of the Code of Laws of
the City of Wheat Ridge for a period of 90 days and containing
an automatic repealing clause
Mr Hayes distributed a proposed emergency ordinance, which was
introduced by Mr Bowman, title read by the Clerk Motion by Mr Bowman
that Emergency Ordinance No 469 be passed and take effect immediately,
seconded by Mr Davis, carried 7-0
CITY ATTORNEY'S MATTERS
Council Bill 90 - An Ordinance regulating the location of
Adult Entertainment Facilities within the City of Wheat Ridge
and providing a penalty for violation hereof
Item 9
Mr Hayes distributed a proposed Ordinance regarding regulating the
location of Adult Entertainment Facilities Council felt they would
like to get the Ordinance on first reading tonight, rather than wait the
usual 10 day study period between first distribution and first reading
and therefore Motion by Mr Bowman to suspend the Rules and introduce
the Ordinance on first reading, seconded by Mrs Ore, carried 7-0 The
Council Bill was given number 90 and read by the Clerk Motion by Mr
Bowman that Council Bill 90 be adopted on first reading, that the public
hearing be set for October 19, 1981, and that it take effect 1 day after
final publication, seconded by Mr Aiello, carried 7-0
Motion by Mrs Cavarra to adjourn, seconded by Mrs Ore, Failed 3-4,
with Councilmembers Lewis, Davis, Bowman, and Aiello voting No
COUNCIL MEMBERS' MATTERS
Mr Aiello stated that they had been meeting with various people
regarding Cable Television Requests For Proposal and asked Council if
they would like to consider having a consultant draw up the Request For
Proposal and make recommendation on proposals received They agreed to
look into it Mr Hayes will talk to some and find out what they can do
and for how much
r~eeting adjourned at 12 05 a m
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Carol F Hampf, City k
CFH, chj
APPROVED