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
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