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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 _ i ) ro. - / / ~c~~:lf c:., --:/\C~ //~ Carol F Hampf, City k CFH, chj APPROVED