HomeMy WebLinkAbout09/10/1984
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
SEPTEMBER 10, 1984
The City Council Meeting was called to order by the Mayor at 7 30
Councilmembers present Kent Davis, Larry Merkl, Clyde E Hobbs,
Keller, Tony FIasco, Nancy Snow, Randy West, and Dan Wilde Also
present City Clerk, Wanda Sang; City Administrator, Tom Palmer;
Attorney, John Hayes; Chief of Planning, Glen Gidley; staff; and
interested citizens
p m.
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City
Motion
Hobbs;
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by Mr Wilde for approval of Minutes ~4; seconded by Mr
carried 8-0
CITIZENS' RIGHT TO SPEAK
Phyllis Lancaster, 4076 Everett Street, asked Council is they were aware
of a semi-truck driving school located S of 1-70 Service Road, East of
Carr She feels this presents a problem on residential streets--would
like Pollution Committee to hear this at their next meeting; she also
read a letter from Wheat Ridge United Neighborhoods regarding Storm
Water Management Plan into the record
Kay Ore, 10565 W 46th Ave , informed Council of a Benefit Dance to be
held on behalf of the survivors of the 3 Skydivers The Dance will be
on October 5, 1984 from 7-12 p m at the Applewood Inn; Country Fuzz
will play, sponsored by Wheat Ridge Today and Tomorrow The cost will
be $12 50 per couple
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
Council Bill 141 - An Ordinance providing for the approval of
rezoning from Agriculture-One (A-l), Commercial-One (C-l), and
Commercial-Two (C-2) to Planned Residential Development (PRD)
and approval of an Outline Development Plan on land located at
11680 W 44th Avenue, City of Wheat Ridge, County of Jefferson,
State of Colorado
(Case No WZ-84-1) (Warren Johnson)
Council Bill 141 was introduced on second reading by Mr Merkl; title
read by the Clerk; Ordinance Number 581 assigned Glen Gidley presented
the case, entered overheads and slides into the record
Warren Johnson, 11680 W 44th Ave., applicant, was sworn in by the
Mayor, presented exhibits and gave reasons for rezoning Exhibits were
of what he intends to develop if the rezoning is approved
Speaking in favor and sworn in by the Mayor were Kay Ore, 10565 W
46th Avenue, who feels it fits in with the Multi-Use Plan and will go
along with beautification program; Phil Edwards, 11297 W 44th Avenue,
who feels it fits in the area very well and recommends approval; Linda
Dadisman, 9910 W. 44th Avenue, who agrees with the Johnson development
plan Speaking in opposition and sworn in by the Mayor, was Janice
Thompson, 12290 W 42nd Avenue, who stated she is not opposed per se
CITY COUNCIL MINUTES
September 10, 1984
Page -2-
but has difficulty with the language of the plan and the staff report.
Motion by Mr Merkl that Council Bill 141 (Ordinance 581) be approved on
second reading for the following reasons A This development will be
compatible with surrounding land use and zoning B It will conform the
Comprehensive Plan for this area as effectively amended by recent
rezoning actions in this vicinity to multiple use or high density
residential classification,a nd as illustrated by preliminary work by
the 44th Avenue Master Plan Committee C This development will meet
or exceed all standards for commercial and multi-family residential
development established in similar zone districts, while at the same
time providing for a unified and integrated planned development which
will eliminate several non-conforming uses and building, and result in a
positive upgrading of the area and a good utilization and design for the
site D All service agencies and departments indicate ability to serve
and have no objections E All requirements of the zoning ordinance for
an Outline Development plan and a change of zone to PRD have been met
F Planning Commission and staff recommend approval G Simms Street
not be extended South of 44th Avenue; seconded by Mr Davis
Motion by Mrs Snow that Phase I be limited to a maximum of 10 units per
acre to be more in conformance with the Comprehensive Plan; seconded by
Mr West Mrs Snow stated that she is concerned about staff
recommendation that says it is in conformance with the Comprehensive
Plan This will set precedent for multi-family units Motion Failed
2-6 with Councilmembers Snow and West voting yes
Motion by Mrs Snow for a maximum of 14 units per acre; seconded by Mr
West; Failed 2-6 with Councilmember Snow and West voting Yes
Vote on Original Motion carried 6-2 with Councilmembers Snow and West
voting No
Item 2
Council Bill 142 - An Ordinance providing for the approval of
rezoning from Agricultural-One (A-I) to Residential-Three (R-3)
on land located at approximately 4200 Moore Street, City of
Wheat Ridge, County of Jefferson, State of Colorado.
(Case No WZ-84-13) (Phil Haas)
Council Bill 142 was introduced on second reading by Mr Davis; title
read by the Clerk; Ordinance No 582 assigned Mr Gidley presented the
case Present and sworn in by the Mayor were Phil Haas, 7273 Queen
Street, Arvada, applicant, who presented his case and drawings to
Council; Sonja Grevillius, representative of Coors, who spoke on behalf
of Mr Haas; Dick Clark, 4321 Moore Street, who owns property adjacent
to applicant, and is in favor of rezoning Motion by Mr. Davis that
Council Bill 142, a request to rezone property located at approximately
4200 Moore Street, from Agriculture-One (A-I) to Residential-Three (R-3)
be approved for the following reasons 1 The property is located
within the City of Wheat Ridge 2 All notification and posting
requirements were met 3 There were no negative agency referrals 4
The rezoning is compatible with surrounding zoning and with R-3
requirements 5 The proposed R-3 zoning is generally conforming to
the Comprehensive Plan 6 Planning Commission recommends approval
With the following condition That Moore Street be connected with West
42nd Avenue, requiring a street dedication by the applicants along the
south edge of their property; seconded by Mr Hobbs
CITY COUNCIL MINUTES
September 10, 1984
Page -3-
Motion by Mr West to amend to R-3A; seconded by Mrs Snow; Failed 4-4
with Councilmembers Keller, Snow, West, and Wilde voting Yes Motion by
Mrs Snow to limit units to a maximum of 48 feet; seconded by Mrs
Keller" Failed 4-4 with Councilmembers Keller, Snow, West, and Wilde
voting'Yes Vote on original Motion carried 5-3 with Councilmembers
Snow, West, and Wilde voting No
Item 3
Council Bill 143 - An Ordinance vacating a portion of Moore
Street, located South of West 44th Avenue within the City of
Wheat Ridge, Colorado
(Case No WV-84-2)
Council Bill 143 was introduced on second reading by Mrs Keller; title
read by the Clerk Mr Gidley presented the case Motion by Mr Hobbs
that vacation be postponed for 2 weeks; be on September 24, 1984 Agenda,
and applicant not be required to attend; seconded by Mrs Snow; carried
8-0
Item 4
Council Bill 144 - An Ordinance providing for the approval of
rezoning from Restricted-Commercial (R-C) to Commercial-One
(C-l) on land located at 3805 Wadsworth Blvd, City of Wheat
Ridge, County of Jefferson, State of Colorado
(Case No WZ-84-16) (Kunz Construction and Ken Westland for
James Riddell)
Council Bill 144 was introduced on second reading by Mrs Snow; title
read by the Clerk; Ordinance No 583 assigned Mr Gidley presented the
Case Applicant Ken Westland, 11411 W. Colfax Ave , presented his
plans Motion by Mrs Snow that Council Bill 144, a request to rezone
property located at 3805 Wadsworth Blvd , from Restricted-Commercial
(R-C) to Commercial-One (C-l), be approved for the following reasons
1 This property is within the City of Wheat Ridge 2 All
notification and posting requirements have been met 3 Staff
concludes this request is compatible with surrounding zoning and land
use 4 It conforms to the Comprehensive Plan 5. The proposed
street changes will result in an improved street system 6 Planning
Commission recommends approval With the following conditions 1 The
applicant agrees to dedicate 5 feet of additional right-of-way along
Wadsworth to the Colorado Department of Highways and construct the 5
feet 2 The street intersection turn radius (Wadsworth and 38th
Avenue) be enlarged by the applicant to have a 30 foot to 45 foot radius
with a handicapped ramp 3 The applicant construct a 4 foot sidewalk
along 38th Avenue 4. Exhibit "A" be considered a conditional site
plan 5 That Exhibit "A" be recorded at the Jefferson County
Recorders Office as an "Official Development Plan" 6 No waiver of 10
foot required landscaping on 38th or Wadsworth; building size can be
varied if necessary to make enough room between parking and the
additional landscaping, so long as total building does not exceed 4,400
square feet; seconded by Mr Wilde; Motion by Mr Merkl to amend to
eliminate condition 6 ; seconded by Mr Davis; carried 6-2 with Mrs
Snow and Mr Wilde voting No Original Motion carried 8-0
CITY COUNCIL MINUTES
September 10, 1984
Page -4-
Motion by Mrs Keller to suspend the rules and go past 11 00 p m and
finish the Agenda in its entirety; seconded by Mr. Wilde; carried 5-3
with Councilmembers Davis, Hobbs, and Merkl voting No
ORDINANCES ON FIRST READING
Item 5
Council Bill 147 - An Ordinance providing for the approval of
rezoning from Agricultural-One (A-I) to Residential-Three (R-3)
on land located at 4375 Moore Street, City of Wheat Ridge,
County of Jefferson, State of Colorado
(Case No WZ-84-14) (Gilbert and Mildred Gerhardt)
Motion by Mr Merkl that Council Bill 147 be approved on first reading,
ordered published, public hearing set for Monday, October 8, 1984 at
7 30 p m in City Council Chambers, Municipal Bldg , and if approved on
second reading, take effect 15 days after final publication; seconded by
Mr Hobbs; carried 8-0
Item 6
Council Bill 148 - An Ordinance providing for the approval of
rezoning from Residential-One (R-l) to Residential-Two (R-2) on
land located behind 2650 and 2674 Lamar Street at approximately
2651 Kendall Street, City of Wheat Ridge, County of Jefferson,
State of Colorado
(Case No WZ-84-15) (Paul and Bernice Stoll and Elaine Beher)
Motion by Mr Wilde that Council Bill 148 be approved on first reading,
ordered published, public hearing set for Monday, October 8, 1984 at
7 30 p m in City Council Chambers, Municipal Bldg., and if approved on
second reading, take effect 15 days after final publication; seconded by
Mr. Hobbs; carried 8-0
Item 7
Council Bill 149 - An Ordinance providing for the approval of
Rezoning from Restricted-Commercial (R-C) to Commercial-One
(C-l) on land located at 7690 West 38th Avenue and 3790 Yukon
Court, City of Wheat Ridge, County of Jefferson, State of
Colorado
(Case No WZ-84-21) (Friendly Ford, Inc )
Motion by Mr West that Council Bill 149 be approved on first reading,
ordered published, public hearing set for Monday, October 8, 1984 at
7 30 P m in City Council Chambers, Municipal Bldg , and if approved on
second reading, take effect 15 days after final publication; seconded by
Mr Wilde; carried 8-0
Item 8
DECISIONS, RESOLUTIONS, AND MOTIONS
Motion regarding items to be placed on the September 17,
1984 Study Session
Motion by Mrs Keller for approval of list and Wheat Ridge Sanitation
District, Emergency Preparedness, and Wheat Ridge Friendship Fair;
seconded by Mrs Snow; carried 8-0
CITY COUNCIL MINUTES
September 10, 1984
Page -5-
Item 9
Request by Pierce Electronics, dba ~oundtrack, for i~formal
initial discussion to finance a proJect through the lssuance of
Industrial Development Revenue Bonds
Tom Gordon of United Bank of Denver presented Soundtrack's request to
Council Bill Pierce, owner of Soundtrack, presented his company's
development Consensus for bank to proceed with these Bonds was 8-0
CITY ADMINISTRATOR'S MATTERS
Tom Palmer stated that the Urban Renewal Authority Budget Meeting is set
for September 19, 1984, at 7 00 P m
CITY ATTORNEY'S MATTERS
John Hayes informed Council that City won the appeal in the Trainor
Case
ELECTED OFFICIALS'S MATTERS
Motion by Mr Davis for adjournment; seconded by Mr Merkl; Failed 3-5
with Councilmembers Davis, Hobbs, and Merkl voting yes
Mrs Keller asked when 44th Avenue will be striped; asked Mr Gidley
about Ordinance on Used Car Lots; asked if it will be on Agenda on
September 24 Mr Gidley replied he would have it available on informal
basis
Mr. Hobbs addressed expenditures by City--limit of $5,000 without
Council approval; moved to lower the limit to $1,500; seconded by Mr
Davis; Failed 4-4 with Councilmembers Davis, Keller, FIasco, and Hobbs
voting Yes
Motion by Mr Hobbs to have a Resolution brought in with a limit of
$2,500 on expenditures with James Malone present on September 24, 1984
Agenda; seconded by Mr. West; carried 7-1 with Mr Merkl voting No
Mrs Snow asked Mr Palmer about dump trucks on Young field; wants a
rough weight they're putting on our streets; states they are dumping
dirt on streets; asks about businesses going in on a piece of property
without putting a building up, don't they have to conform to landscaping
ordinance (she used a car lot for an example); moved to have the Urban
Renewal Authority Budget one fund when it is returned to us; a budget
break down with line items; seconded by Mr. West; carried 8-0.
Motion by Mr West for adjournment; seconded by Mr Merkl; carried 8-0.
Meeting adjourned at 12 10 a m
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::;7/'d-ne-t
Wanda Sang,
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 12 A) Resolution 916 - adopting the 1984-85 Community Development
Plan, as required by the Community Development Block Grant
Program, and authorizing the Mayor to certify completion of
this plan to the State of Colorado
Motion by Mr Merkl for the adoption of Resolution 916; seconded by Mr
Hobbs; carried 8-0
B) Resolution 917 - designating the Director of Community
Development as the Certifying Official for purpose of
completing an environmental review of the 1984 community
Development Block Grant Program in the City of Wheat Ridge and
be authorized to accept any Lawsuit regarding such
environmental review on behalf of the City of Wheat Ridge
Motion by Mr Wilde for the adoption of Resolution 917; seconded by Mrs
Keller; carried 8-0
Item 13 Motion by Mr Hobbs that the grievance procedure for
handicapped discrimination complaints be adopted; seconded by
Mrs Keller; carried 8-0
Item 14 Motion by Mr Hobbs that we pay Kubat Equipment and Service
Company $3,181 for the extra work required as outlined above,
and that the amount be charged to Account No 31-305-812;
seconded by Mr Merkl; carried 8-0
Motion by Mrs Snow to hold an Executive Session under Section
5 7(b)(1)(A) of the Charter and to adjourn meeting after Executive
Session; seconded by Mr West carried 8-0
EXECUTIVE SESSION WAS HELD
Meeting adjourned at 11 20 p m
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