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Home My WebLink About04/11/1983 - CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO APRIL 11, 1983 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Pat Aiello, Will Burt, Kent Davis, Clyde E Hobbs, Ken Lewis, Larry Merkl, Kay Ore, and Nancy Snow Also present City Clerk, Wanda Sang City Administrator, Tom Palmer; City Attorney, John Hayes; Department Head Charles Stromberg; staff and interested citizens Motion by Mr Aiello for the approval of the Minutes of March 28, 1983; seconded by Mrs Ore carried 6-2 with Mr Hobbs and Mr Lewis voting No PROCLAMATION OR CERE~10NIES Mayor Stites read the Proclamation for Colorado Building Safety Week, April 18-24, 1983 CITIZENS' RIGHT TO SPEAK Erwin Clingon, 7340 W 32nd Ave , expressed his concerns about residents having to bear the expense for curbs, gutters, and sidewRlks on the 32nd Avenue project hetween Wadsworth and Pierce Mayor Stites assured him that residents were not required to pay the costs PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 A Mr Jerzak's letter dated March 31, 1983 Prime Rate Motel Wheat Ridge Partnership Agreement to pay $25,000 participation in the South Frontage Road Improvement Mr Hayes' Memo dated April 7, 1983 B Council Bill 57 - Ordinance 525 - An Ordinance author- izing the issuance and sale of $3,800,000 aggregate principal amount of Industrial Development Revenue Bonds for Prime Rate Motel CITY COUNCIL MINUTES April 11, 1983 Page -2- C Resolution 837 - A Resolution approving the Inter- governmental Agreement between the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority to act as the agent for the City of Wheat Ridge in contracting for, and performing various duties related to, the construction of a service road relocation at I-70 and Kipling Intergovernmental Agreement dated April 11, 1983 Mr Stromberg introduced Mr Dick Fontane, 621 17th Street, Denver, Mr Fritz Klann, 1225 17th Street, Denver, and Mr Merlyn Jerzak, St Cloud, Minnesota, who were representinq Prime Rate Motel They were sworn in by the t1ayor Don Lancaster, Vice Chairman of the Wheat Ridge Urban Renewal Authority, spoke in favor of the project Motion by Mrs Ore for the approval of the agreement for payment of $25,000 for the South Frontage Road; seconded by Mr Burt; carried 7-1 with Mr Lewis voting No Council Bill 57 was introduced on second reading by r1rs Ore; title read by the Clerk Motion by !'lrs Ore for the adoption of Council Bill 57 (Ordinance 525) on second reading; seconded by Mr Burt carried 6-2 with Mr Lewis and Mr Hobbs voting no Motion by Mr Burt to adopt Resolution 837; seconded by Mrs Ore; carried 7-1 with Mr Lewis voting No Item 2 Council Bill 48 - Ordinance 526 - An Ordinance providing for the approval of rezoning from Residential-One (R-l) and Commer- cial-One (C-l) to Planned Commercial Development (PCD) and ap- proval of an Outline Development Plan for Land located at ap- proximately the southeast corner of Kipling Street and West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Charles Einarsen) (Case No WZ-82-15) Mr Stromberg gave the staff comments He stated that a valid legal protest had been entered Slides, and a package on the Comprehensive Plan were entered into the record Council Bill 48 was introduced on second reading by Mrs Snow; title read by the Clerk Applicant Charles A Einarsen was present and was represented by Attorneys Scott Albertson and George Holley Mr Albertson entered Exhibits 1 through 10 into the record Proponents for the rezoning were sworn in by the Mayor They were V A Vaseen, 9840 W 35th Ave, Wheat Ridge, and Donald Sutherland, 2500 S Holly Place Speaking for the Homeowners Association from the area was Mr Robert Sonheim, Attorney, 7910 Ralston Road, Arvada The following opponents to the rezoning were sworn in by the Mayor Ivo Lange, 9590 W 35th Ave, Jack Kraning, l0200 W 35th Ave, Bruce Brandt, 3610 Johnson Street, Elaine Gendron, 10005 W 34th Ave, James Gilmer, 9805 W 36th Ave, Marvin Polzin, 3580 Johnson Street, John Mayhoffer, 9940 W 35th Ave, Mary Anna Hart, 9950 W 37th Ave, Arthur Butler, 9625 W 36th Ave , Jerry Walp, 9865 W 37th Ave , Lawrence Stewart, 9960 W 35th Ave , Donald Coates, 9835 W 35th Ave , Tom Evans, 9870 W 37th Ave CITY COUNCIL MINUTES April 11, 1 CJ83 Page -3- Opponents Exhibits A through S were entered into the record ~10tion by Mr by 1vJrs Ore; Lewis to waive the rules and go past 11 00 P m carried 8-0 seconded Motion by Mrs Snow for the denial of Case No WZ-82-23 for the following reasons l) Commercial Zoning is in conflict with the Comprehensive Plan 2) Although there have been changes in the neighborhood since owners first owned the property in 1941, there have not been changes since the adoption of the Comprehensive Plan which are substantial enough to warrant the Commercial Rezoning 3) Staff and Planning Commission recommend denial 4) Commercial Development at this location, particularly with the proposed retail/commercial and the exits on Kipling would compound current traffic problems for more than a residential development 5) Commercial Zoning is imcompatible with and would damage the adjacent residential neighborhood; seconded by rv1r Burt; Failed 3-5 with Councilmembers Aiello, Davis, Hobbs, Lewis, and tcIerkl voting No Notion by rv1r Lewis for the approval of Council Bill 48 (Ordinance 526) on second reading for the following reasons l) All posting and regu- lations have been met and property is in the City of ~leat Ridge 2) The character of the neighborhood has been changed since the adoption of the Comprehensive Plan by increased traffic and rezoning in the area The Comprehensive Plan provides for this type of change 3) The pro- posed change is in the furtherance of the general public interest 4) Buffering and landscaping exceed the minimum requirements provided in the Ordinance making this a less intensive use of the property 5) The plan as submitted protects adjacent residents from through traffic com- ing directly off Kipling in a manner which may exceed the protection afforded by R-l Zoning and Development That motion is made with these following conditions 1) Traffic from the project will only be permit- ted through the access currently shown on the development plan 2) The development will form an architectural committee on which at least two neighborhood property owners shall be voting members 3) Legal de- scription shall be corrected to reflect the NW corner of the NW quarter to NW quarter of the NW quarter; seconded by Mr Davis Discussion followed Mrs Snow requested the record reflect that she will be vot- ing "no" for the reasons she put in the motion for denial rv1otion car- ried 6-2 with Councilmembers Burt and Snow voting No Item 3 Council Bill 58 - An Ordinance providing for the approval of rezoning from Residential-Two to Restricted Commercial-One on land located at approximately 43CJ5 Quay Street, Wheat Ridge, County of Jefferson, State of Colorado (Floyd Palmer) (Case No WZ-82-23) Council Bill 58 was introduced on first reading by Mr Aiello; title read by the Clerk ~1otion by Mr Aiello that Council Bill 58 be approved on first reading, ordered published, public hearing be set for Monday, June 13, 1983 at 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 Burt; carried 8-0 CITY COUNCIL MINUTES APRIL 11, 1983 Page -4- Item 4 Council Rill 59 - An Ordinance providing for the approval of a Special Use Permit In a Commercial-One (C-l) Zone on land located at 7405 West 44th Avenue, Wheat Ridge, Colorado (Leo and Linda Gonzales) (Case No SUP-83-l) Council Bill 59 was introduced on first reading by Mr Merkl; title read by the Clerk Motion by Mr Merkl that Council Bill 59 be approved on first reading, ordered published, public hearing be set for Monday, May 9, 1983 at 7 30 P m in City Council Chambers, ~1unicipal Building, and if approved on second reading take effect 15 days after final publica- tion; seconded by Mr Aiello; carried 8-0 Item 5 Council Bill 60 - An Ordinance amending various sections of Appendix A, Zoning Ordinance, of the City of Wheat Ridge, County of Jefferson, State of Colorado, relating to Residen- tial Group Homes Council Rill 60 was introduced on first reading by Mrs Snow; title read by the Clerk Motion by Mrs Snow that Council Bill 60 be approved on first reading, ordered published, public hearing be set for Monday, May 9, 1983 at 7 30 p m In City Council Chambers, Municipal Building; seconded by Mr Aiello; carried 8-0 CITY ATTORNEY'S MATTERS ~1r Hayes discussed the R&N Enterprises vs City of Wheat Ridge case and stated that he does not recommend appeal ELECTED OFFICALS' MATTERS Item 6 Resolution 838 - A Resolution referring to the registered electors of of the proposed amendments to the Home Rule Charter of the City of Wheat Ridge, Colorado Motion by Mr Aiello to adopt Resolution 838; seconded by Mr Hobbs; carried 8-0 Motion by Mr Aiello to set the Special Election for JULY 12, 1983 Mr Aiello stated that the City Council Meeting of April 18, 1983 is designated for Public Works only, not for 32nd Avenue Meeting adjourned at 12 45 P m ~ )j d" /e5 ~ f<f Wanda Sang, i ty C er WS;chj;