Loading...
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 CFH, chj, c~