HomeMy WebLinkAbout01/25/1982
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
January 25, 1982
The City Council Meeting was called to order by the Mayor at 7 30 p m
Councilmembers present Pat Aiello, dill Burt, Kent Davis, Clyde E
Hobbs, Ken Lewis, Larry Merkl, Kay Ore, and Nancy Snow Also present
City Clerk, Carol Hampf, City Administrator, Tom Palmer, City Attorney,
John Ilayes, Department Heads Richard Bredt, Hugh Brown, Charles
Stromberg, and Rodger Young, staff, and interested citizens
Motion by Mr Davis to approve the Minutes of January 11, 1982, seconded
by Mrs Ore, carried 8-0
PUBLIC COMMENT
Victor Martin, 3660 Lee Street, spoke regarding the traffic on the
detour near Lena Gulch
Paul Weller, 10105 W 36th Ave, spoke on the roadway being constructed
north to 40th Ave
Janice Thompson, 12290 W 42nd Ave, requested an Ordinance on the Air
Pollution, specifically that from being created at the Truck Stop
Motion by Mrs Snow that this be placed on the next Study Session,
seconded by Mr Hobbs, carried 7-1, Mr Aiello voting No
Edgar Johnson, 3700 Benton St , spoke of the dangerous street striping
near the new King Soopers on 38th between Ames and Benton
Dorothy Thompson, 3014 Chase, representing Area-4 Planning Committee,
requested that their group be allowed to provide information to Council
regarding Ordinances prior to Public Hearings and what steps are
necessary to amend the Comprehensive Plan
PUBLIC HEARINGS AND ORDINANChS ON SECOND READING
Item 1
Application by Paul Joseph DeMott, dba Pietra s Pizzeria,
9045-55 W 44th Ave , for a Class G - Hotel & Restaurant
Liquor License
Paul Joseph DeMott, 3229 Jellison, applicant, was present and sworn in
Motion by Mr Hobbs that the application for a new Class G _ Hotel &
Restaurant Liquor License for Paul Joseph DeMott, dba Pietra's Pizzeria
located at 9045-55 W 44th Ave , be approved for the following reasons
I feel he has met all the requirements, all applications and fees
required by statute have been filed and paid, Notice of hearing and
posting of the premises have been accomplished according to statutory
requirements, the applicant is entitled to occupancy of the premises by
virtue of a signed lease dated November 5, 1974, the applicant has been
shown by investigation to be of good moral character, the evidence
adduced at public hearing on January 25, 1982 establishes that the
desires of the residents of the neighborhood under consideration are for
granting this license, as evidenced by petitions bearing 68 signatures
in favor of issuance, 26 signatures in opposition, and 22 signatures
evidencing no opinion, and that issuance of this license is consistent
with the needs of the neighborhood under consideration, seconded by Mr
Davis, carried 8-0
Item 2
A
Proposed Amendment to the Wheat Ridge Comprehensive Plan,
Section IX Master Plans for Area Development A
Wadsworth Towncenter Master Plan
B Council Bill 2 - An Ordinance amending Appendix A, Zoning
Ordinance of the Code of the City of Wheat Ridge,
Colorado, by the addition of a new Section being Section
23 2, which pertain to Activity Centers Overlay Zone
District
C Council Bill 3 - An Ordinance providing for the approval
of Activity Centers Overlay Zoning on land located between
W 44th Avenue on the North, W 38th Avenue on the South,
Wadsworth Blvd on the West, and Upham Street on the East,
except those residential properties facing Upham Street
(Case No WZ-81-26)
CITY COUNCI
1INUT~S
January 25, 1982
Page -2-
Mr Davis requested to abstain because his family has ownership in some
of the properties involved ~ayne McKee, 4171 Everett Drive,
representing Wheat Ridge Urban Renewal Authority, Rodger Barsch, 7350
Poppy Way, Golden, Donna Dunaway, 3'706 Dartmouth, Dallas, Texas, Eric
Johnson, 4427 S Zinnia, Morrison, were sworn in and spoke on the
project Motion by Mr Aiello that the Wadsworth Town Center Master
Plan be approved as an addition to the Comprehensive Development Plan as
Section IX-A, under Master Plans for that development with the following
amendments A The Basic Plan which is Illustration #2 be deleted frolO
the plan and Illustration #3 will become Illustration #2 B The
paragraphs numbered 5, 6, and 7, be replaced with the design guidelines
for Major Entrances and the Main Circulator Route and rewording for A
above (Attachment #6) To accomplish this, prior to the development,
the developer shall present a site plan with the proposed uses to the
City Council for review and approval The hearing shall be advertised
and posted for the public hearing 15 days in advance and shall be
decided upon by Council Motion, seconded by Mr Merkl, carried 4 in
favor, 3 opposed, Mr Davis abstaining Those voting No were
Councilmembers Hobbs, Lewis, and Snow
Motion by Mr Burt that Council Bills No 2 and No 3 not be passed,
seconded by Mr Aiello, carried 6 in favor, 1 voting No, Mr Lewis, and
Mr Davis abstaining
Item 3
Council Bill 4 - An Ordinance amending a portion of Section
25, Appendix A, Nonconforming Lots, Uses, and Structures, of
the Code of Laws of the City of Wheat Ridge, County of
Jefferson, State of Colorado
Motion by Mr Aiello for the adoption of Council Bill 4 (Ordinance 483),
seconded by Mr Burt, carried 8-0 Failed Amendment by Mrs Snow that
after the words "encroaching beyond the existing setback line" be added
"provided that the applicant obtain a statement from the property owner
adjacent to the proposed addition that he does not object to the
addition In case of objection the applicant may still have the right
to appeal to the Board of Adjustment for a variance" seconded by Mr
Hobbs, Failed 2-6, with Councilmembers Aiello, Burt, Davis, Lewis,
Merkl, and Ore voting No
Item 4
Council Bill 5 - An Ordinance amending Chapter 5, Buildings,
Section 5-94 of the Code of Laws of the City of Wheat Ridge,
by adding Section 5-94 01 Public Improvements required
The following people were present, sworn in and spoke in opposition to
the Ordinance Sam Martin, 3835 Robb Street, Harvey Padgett, 3952
Nelson Street, Phyllis 0 Lancaster, 4076 Everett St , Betty Yearwood,
6595 W 46th Place, Ted Foster, 4660 Otis St , Janice Thompson, 12290 W
42nd Ave, Mabel Ryan, 4365 Vivian, Edgar Johnson, 3700 Benton St ,
Claudia Worth, 46?0 Oak Street, Louise Turner, 11256 W 38th Ave, Alan
L Krench, 2635 Pierce, Albert West, 4220 Carr, Allen Wulf, 9745 W ~h
Ave, Les Botham, 3380 Pierce Street, speaking for the Area-4 Planning
Committee, Lillian Fleming, 6363 W 29th Ave, W B Myers, 9120 W 35th
Ave, Elizabeth Jane Myers, Arthur Butler, 9625 W 36th Ave, Marvin
Polzin, 3580 Johnson St , Brian Vogel, 4100 Dover St , Donald Coates,
9836 W 35th Ave Also a letter was received in opposition from Dorothy
Sloan, 9715 W 36th Ave Mr Martin and Mr Johnson suggested
amendments to the Ordinance which would exempt one- and two-family
building sites from the Ordinance Mr Stromberg and Mr Hayes
presented the case giving the present procedures and what differences
are to be expected with this Ordinance Motion by Mr Lewis that
because of the hour we go past 11 00 p m and complete the agenda in its
entirety, seconded by Mrs Snow, carried 7-1, with Mrs Ore voting No
Failed Motion by Mrs Snow that this Ordinance be defeated, that the
City Attorney review all of the development agreements and that the
necessity for the Ordinance be reviewed by the Planning Commission and
Ordinance Committee with the thought that something more sane be come up
with, seconded by Mr Burt, failed 4-4 with Councilmembers Davis, Merkl,
Ore, and Aiello voting No Failed Motion by Mr Davis for the adoption
of Council Bill 5 with the Building Code Board s recommendation to
include the "exception one- and two-family building sites in existing
subdivisions that do not have in existence all right-of-way improvements
shall not be required to conform to the preceding", and also recommend
that we go over these agreements and review and if necessary void them,
seconded by Mr Aiello, Failed 3-5 with Councilmembers Burt, Hobbs, Ore,
Lewis, and Snow voting No
CITY COUNCIL MINUTES
January 25, 1 ':Jd2
Page -3-
Failed amendment by Mr Lewis to also include in the exception the
business and commercial community, seconded by Mr Hobbs, failed 1-7
with Councilmembers Aiello, Burt, Davis, Hobbs, Merkl, Ore, and Snow
voting No
Item 5
Reconsideration of Ordinance No 479 - Amending Chapter 2,
Article IV, Section 2-24, Code of Laws, pertaining to duties
and responsibilites of Planning Commission
Amended Motion that Ordinance 479 Subpart (j) of Section 2-24 be amended
by the addition of a second sentence "Wherein Planning Commission has
approved such a minor subdivision, aggrieved adjacent property owners
may appeal that decision to City Council in accordance witn Paragraph
(d) of this Section 2-24" and further move that Section seven C-Minor
Subdivisions, of the Subdivision Regulations be amended to coincide with
this ordinance Original Motion by Mr Hobbs, seconded by Mr Burt
Amendment by Mr Burt, seconded by Mrs Ore, amendment carried 5-3, with
Councilmembers Hobbs, Lewis, and Snow voting No Motion as amended
carried 7-1, with Mr Lewis voting No
Item b
ORDINANCES ON fIRST READING
Item 7
It em 8
Council Bill 8 - An Ordinance repealing Ordinance No 482,
Series of 1981, repealing and reenacting Chapter 3A,
Amusements, of the Code of Laws of the City of dheat Ridge,
providing definitions, standards for issuance of licenses,
standards for suspension or revocation of licenses relating to
amusement centers and amusement arcades, and providing a
penalty for violation thereof
Council Bill 9 - An Ordinance repealing and reenacting Section
21-21 and Section 21-23 of Chapter 21, ~rticle II of the Code
of the City of Wheat Ridge, Colorado, pertaining to taxation
of telephone exchanges
Council Bill 10 - An Ordinance providing for the approval of
rezoning from Residential Three (R-3) and Residential Two
(R-2) to Planned Residential Development (PRD) and an Outline
Development Plan on land located at approximately 6300 W 38th
Avenue, City of Wheat Ridge, County of Jefferson, State of
Colorado
Items 6, 7, and 8, were introduced by Mr Merkl and titles read by the
Clerk Motion by Mr Merkl for the approval on first reading of Council
Bills 8 and 9, ordered published, public hearing be set for Monday,
February 8, 1982, 7 30 p m in City Council Chambers, Municipal
Building, and if approved on second reading take effect 15 days after
final publication, and further move that Council Bill 10 be approved on
first reading and ordered published and the public hearing be set for
February 22, 1982, 7 30 p m in City Council Chambers, Municipal
Building, and if approved on second reading take effect 15 days after
final publication, seconded by Mr Davis, carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 9
I t em 10
Motion by Mr Aiello to award the Engineering Services
Contract regarding the Arapahoe Aquifer Well to H R S .vater
Consultants with a total cost of $5,725 to be charged to
Account Number 11-801-862, seconded by Mr Davis, carried 5-3
with Mr Burt, Mr Hobbs, and Mr Lewis voting No
Motion by Mr Merkl to approve the payment of $7,068, in
additional participation cost, to the Colorado
Intergovernmental Risk Sharing Agency, to be charged to
Account No 610-780, seconded by Mr Aiello, carried 8-0
Meeting was adjourned at 1 15 a m
" /I' J
4:Vc,ff'- M~__ APPROVED
Carol F ~ampf, CiYplerk
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