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HomeMy WebLinkAbout10/10/1983 OCTOBER 10, 1983 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO The City Council 1'leeting was called to order by the ~layor at 7 3n p m Councilmembers present Pat Aiello, i'lill Burt, Kent Davis, Ken Lewis, Larry Merkl, Kay Ore, and Nancy Snow Mr Hobbs arrived at 8 00 P m Also present City Clerk, Wanda Sang City Administrator, Tom Palmer; City Attorney, John Hayes; City Treasurer, Jim ~lalone Department Heads Charles Strrnabery, Chief Jaquay, and Richard Bredt staff and interested citizens ~'Jotion by ~lrs Ilelen Jenkins other members Ore for the adoption of Resolution 857 - upon her Retirement as Chief Court Clerk present; passed unanimously Appreciation for seconded by 6 ~10tion by l'lrs by i'lr Davis; Ore to approve the 11inutes of September 26,1923; carried 6-1 wi th ~lr Lewis voting No seconder] CITIZENS' RIGHT TO SPEAK Peter W Ullman, 7190 W 48th Avenue, spoke regarding a new IS-unit development going in near his residence He questioned misuse of space for multiple family housing ~lr Stromberg replied that the zoning is R-3 on that property and was done by the County in 1962 Council consensus was to refer future multiple family housing to Planning Commission 7-n PUBLIC COll~1ENT AND ORDINANCES ON SECOND READING Item 1 Council Bill 101 - An Ordinance providing for the Rezoninq of land from Agricultural-One (A-I) to Residential-Three (R-3) on property located at approximately 11590 W 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Warren Johnson) (Case No h'Z-83-20) Council Bill 101 (Ordinance 551) was introduced on second reading by Mr Davis; title read by the Clerk Mr Stromberg presented the staff report In favor and sworn in by the ~layor was the applicant, Warren Johnson, 11680 W 44th Avenue He stated his reasons for wanting the rezoning and added that no one was present to speak against the Ordinance Motion b} Mr Davis that Case No WZ-83-20, a request to approve a change of zone from Agriculture-One to Residential-Three be approved for the following reasons 1) This site on West 44th Avenue 19 in close proximity to Residential-'rhree, Restricted Commercial and Restricted Commercial-One zoning, and rezoning to R-3 woul<l be compatible with the surrounding zoning 2) To the south of subject site is Prospect Park and rezoning to R-3 would be compatible with the changing conditions along West 44th Avenue and would provide a buffer to the park from the encroaching commercialization along the collector CITY COUNCIL MINUTES OCTOBER 10, 1983 Page -2- street 3) The neighborhood does appear to be undergoing a change towards higher density residential along West 44th Avenue in this area 4) Staff supports R-3 zoning 5) Planning Corrunission recommend.s approval; seconded by tlrs Ore Discussion followed tlrs Snow stated she will be voting No for the following reasons 1) The rezoning is not consistent with the Comprehensive Plan 2) The location next to the park is ideal for single family homes with possible duplexes along 44th Avenue or possibly Restricted Commercial 3) Apartment will not buffer the park A great number of residents will negatively impact the park and wildlife 4) Straight R-3 zoning has no maximum lot coverage and few controls which could be provided by PRD which was preferred by staff 11r Hobbs stated he will abstain since he has not heard the case Chair recognized the abstention Vote carried 6-1 with ~lrs Snow voting No, Mr Hobbs abstaining Item 2 Council Dill 102 - An Ordinance providing for the approval of rezoning from Residential-Three (R-3) and Residential-One (R-l) to Residential-Three (R-3) on land locate,l at approximately 3601 Quail Street, Ii/heat Ridge, County of Jefferson, State of Colorado (newport Construction Company) (Case No hTZ-82-21) Council Bill 102 was introduced on second reading by Mr Merkl; title read by the Clerk Clerk stated there is a legal protest filed against Council Bill 102 Mr Maurice Fox and Mrs Louise Turner each filed another legal protest Mr Stromberg gave the staff report Mr Will James, 1214 pierce Street, representing the applicant, Newport Construction Company, was present and sworn in by the Mayor Speaking in opposition and sworn in by the I'1ayor was 11r Howard Noble, 11254 H 38th Avenue He expressed his concerns on the rezoning to R-3 He felt it is not in the best interest of the area The property can be developed under present zoning Long-term residents have the right to depend on the present zoning A change in zoning will devalue homes in the area t1artha Shacklett, 3592 Simms Street, presented additional petitions She read the title and stated she felt the property should not be rezoned Louise Turner, 11256 West 38th Avenue, stated there are only three reasons for rezoning; (1) error in map, (2) change in area, (3) bring to compliance with the Comprehensive Plan She also presented Exhibits hand B to Council showing multi-family housing in area Maurice Fox, attorney, representing Mr Claude L Roark, asked Mr Hayes to rule if the protest by his client is legal Mr Hayes replied the protest is legal and it will require 6 votes from Council to pass the Ordinance lie asyed Council not to change the zoning Motion by Mr Burt that Case No WZ-82-21, a request to rezone from Residential-One and Residential-Three to Residenital-Three on property located at approximately 3601 Quil Street, be denied for the following reasons 1) There exists a clAar boundary between R-l and R-3 zones in this area within which use is consistent with zoning 2) The proposed rezoning would extend R-3 zoning in an area which within itself be bounded on 3 sides by R-l 3) The present zoning is consistent with the Comprehensive Plan and has an obvious basis in providing higher density along W 38th hvenue which has been followed 4) Conditions in the area have not changed; seconded by Mr Merkl Mr Merkl wants added to the reasons that no significant evidence was submitted hy the applicant in support of the rezoning Mr Burt agreed Council Bill 102 Failed 8-0 CITY COUnCIf I tErn J Item 4 HJUTES OCTOBER 10, 1983 Page -3- Council Dill 103 - An Ordinance amending sections 18 (p) and 10 (R), Special Uses, of Appendix A of the Code of Laws of the City of Wheat Ridge, and providing penalties for violation thereof Council Bill 104 - An Ordinance amending Section 12-2, Ilodel Traffic Code--amendments, additions, modifications, and deletions, of the Code of Laws of the City of Wheat ~idge by repealing and reenacting Sec~ion 11-1, stopping, standing, or parkinq prohibited in specified places--thereof, and adding thereto Section 11-4, parking of "Ilajor Vehicles" in residential districts, and providing methods of enforcing said added Section 11-4, each of which shall constitute amendments to "The /lodel Traffic code for Colorado Municipalities, lQ77 edition previously enacted hy the City of Wheat Ridge 110tion by ~'lr and for ~lr ~lr l'lerkl Hobbs that Items Hayes to straighten carried 8-0 3 & 4 be continued until October 24, 1983 out a couple of sections seconded by ORDINANCES on FIRST READItJG Item 5 Council nill 107 - An Ordinance amending Section 2-17 of tl1e Code of Laws of the City of i'lheat Ridge by reducing the membership of the Civil Service Commission from eight (8) members to five (5) members and providing for the appointment of one member from the city at large Council Bill 107 was introduced on first reading by I1r Davis; title read by the Clerk /lotion by ~lr Davis that Council Bill 107 be approved on first reading, ordered published, Public llearinq set for Monday, October 24, 1983, at 7 30 p m in the City Council Chambers, Municipal puildin0, and if approved on second reading take effect 15 days after final publication; seconded by l'lr ~1erkl; carried 7-1 with Mr Burt voting No Item G Council Bill 108 - An Ordinance amending the Code of Laws of the City of Wheat Ridge by adding provisions to and repealing certain sections of Chapter 2 and Chapter 18 thereof relating to the civil Service Commission's authority and duties, establishinCj' "The Rule of Three" as it relates to selection of candidates for employment by the Police Department, establishing all permanent employees of the Police Department other than the Chief of Police as Civil Service Employees and members of the Classified Service, revising probationary periods for original hire and promotion within the department, and repealing certain sections no longer deemed necessary for the effective administration of the Police Department Council Dill 108 was introduced on first reading by Mr Davis title read by the Clerk I'otion by 11r Davis to approve Council Bill 108 on first reading, ordered published, Public Hearing set for Monday, October 24, 1983 at 7 30 p m in the City Council Chambers, Municipal Building, and if approved on second reading take effect 15 days after final publication, seconded by /lr Burt ~'lotion by I1rs Ore to amend section 2-26 (c)(l) to strike the word County on the 13th line and have it just read municipal; seconded by /lrs Snow Failed with Councilmembers Davis, Hobbs, Lewis and 11erkl voting No Vote on original motion carried 7-1 with Mrs Snow voting No CITY COUNCIL MINUTES OCTOBER 10, 1983 PAGE -4- DECISIONS, RESOLUTIONS, AND ~lOTIONS Item 7 CONSENT AGENDA A Resolution 860 - approv1ng the E911 Intergovernmental Agreement (Attached) D Resolution 861 - amending Resolution 741 and 748, Industrial Development Revenue Rond Inducement Resolutions for R & D Developers (Dunaway) C Resolution 862 - agreeing to issue Industrial Development Bonds to finance a project for 3280 Wadsworth Boulevard Joint Venture D 110tion to authorize the ~layor and city Clerk to sign Lakeside National Rank Resolution for a change in authorized check signatures on Municipal Court Special Account No 00-234-8 E Motion to purchase the 18" and 24" culvert from Armco Inc , at a total cost of $7,156, to be charged to account No 19-302-833 (Pipe for 30th & Harlan Drainage Project) F Motion to award the bid for the interior restoration of the Richards-Hart Estate to Rudd Construction Inc , at a total cost of $154,515, to be charged to account No 31-603-800-862 G Resolution 863 - Authorizing the Mayor to sign the Intergovernmental Agreement entitled request for payment and certification of use of funds for the interior renovation of the Richards-Hart Mansion H Application for a Class G Hotel & Restaurant license for Sunkimrae, Inc , dba Villa Roberto, located at 4509 liarlan Street (formerly Touche de Classe) Motion to set the neighborhood at a I-mile radius and that the Public Hearing on this application be set for October 24, 1<:)83 I Motion to approve the transfer of Ownership from Eugene E Coo} to Dannette I Walker for Water Hole #2 Saloon, formerly Good Times Saloon, 4990 Ward Road, a Class T - Tavern License with extended hours CITY COUNCIL MINUTES OCTOBER 10, 1983 PAGE -5- Motion by Mr Aiello to adopt the Consent Aqenda in its entirety; seconded by Mrs Ore Mr Davis requested to remove Item il; Mrs Snow requested to remove Item C and G; and Mr Lewis requested to pull Item B, C, F, and G Motion on Items D, E, and I; carried 8-0 Item A carried 8-0; Item B carried 5-2 with Councilmembers Hobbs and Lewis voting No and Mr Davis abstaining Item C carried 5-3 with Councilmembers Lewis, Snow, and Hobbs voting No ~lrs Snow voting No because she feels there are too many vacant buildings in the area and it is harmful to other people trying to rent office space Item F carried 7 to 1 with Mr Lewis voting No Item G carried 6-2 with Councilmembers Lewis and Snow voting No 11rs Snow voting No because she is not 1n favor of spending open space money on existinq buildings Item H carried 7-0 with Mr Davis abstaining CITY AmUNIS'l'RATOR tlATTERS The ~1ayor asked Tom Palmer how the time schedule is going on 44th and 32nd Avenue Mr Palmer stated that we are a little ahead of schedule CITY AT'rormE'r. IS IlATTERS John Hayes stated that the city won two court actions, namely Trainor and Stone Ordinance No 98 has been upheld The hearing on the Einarsens Lawsuit concerning the Clerk's decision on the denial of protest of referendum will be held Monday, October 24, 1983, at 8 30 a m "Step It Up" nude dance studio is operating and the City has filed a mandatory injunction action alleging violation of our zoning ordinance In Wheat Ridqe this type of business cannot be within 1000 feet of a residential zone A preliminary hearing has been set for November 21, 1983 at 1 30 p m John Bayes stated that if Council wished to remove Council Bill No 100 from Table (Section 21-2 relating to sales tax license), it could be brought in on October 24th or first meeting in November Mrs Snow stated there are a lot of problems with the ordinance and requested to wait and have it revised Discussion followed ~10tion by Mrs Snow to bring Council Dill No 100 off the Table; seconded by Mr Aiello; carried 8-0 tlrs Snow further moved that Council Bill No 100 be referred to Planning Commission to be discussed along with a complete revision of the zoning ordinance regarding Home Occupations with exception of section on permits and rights-of-way seconded bv Mrs Ore carried 8-0 " ELLC'l'ED OFFICIALS' HA'l''l'LRS Mr Aiello as}ed for consensus of Council to bring in a separate ordinance dealing with rights-of-way and special permits to be used rights-of-way Consensus was 5-3 with Councilmembers Hobbs, Lewis, Snow voting No on and CITY COutlCIL _.INlJTES OCTOBER 10, 1983 - PAGE -6- Mrs Ore presented resolution for $25,000 for beautification of West 44th Avenue between Kipling and Youngfield to share equally, fifty-fifty, with property owners and City Mrs Snow made a point of order that Council cannot spend any money on a resolution not on the agenda unless it is an emergency and this is not an emergency Failed motion by tlrs Ore to suspend the rules; seconded by ~lr Aiello, failed 3-5 with Councilmembers Aiello, Merkl, and Ore voting Yes Notion by Nrs Ore to bring resolution back on October 24 as an agenda item seconded by I1r Aiello; carried 7-1 with Nr Lewis voting No ~1otion by ~lr Aiello that the tvlayor write and sign a letter nominating Will Burt to be on the E911 Goard; seconded by Mr Davis carried 8-0 WURA asked for a definite answer from Council as to their authorization regarding an Economic Development Consultant to recruit businesses to WUHA areas The answer was that WURA was to hire someone qualified to report to \'IURA as a consultant "IURA will give the consultant guide lines with a contract nnd the fulfillment of contract Consensus of agreement with these ideas ,vas 7-1 with 11r Lewis voting No Mrs Snow wants light fixed at the hospital it Mr Palmer will look into Mr Lewis asked Mr Palmer if he received an answer from the telephone company regarding the drainage prohlem on West 38th Avenue Mr Palmer replied that he has not received a response to the letter he wrote to the telephone company Mr Lewis asked for a follow up The Goard of Adjustment granted a Special Use Permit to a business at 38th and Kendall for 6 months, he believes the 6 months are up in October and asked when the date is Mr Hayes will check the date ~Ieeting adjourned at 10 15 P m ~ I ~J' , . v /, .~ .... :-.. 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