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HomeMy WebLinkAbout03/20/1978 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO March 20, 1978 The Four Hundred and First Regular called to order by Mayor Oliver V Field St meeting of the Wheat Ridge City Council was Phillips at 7 33 pm, March 20, 1978, 4355 Councilpersons present were Mary Jo Cavarra, Joseph M Donaldson, Anthony N FIasco, Gary L Lewman, and Louise F Turner Also present were City Clerk Carol F Hampf, City Administrator John A Jerman, City Attorney Edmund G Lambert, Deputy City Clerk Phyllis J Kramer, Department Heads Clyde E Hobbs, Dave Shelley, staff, interested citizens Approval of Minutes for Meeting of March 13, 1978 Motion by Councilperson Donaldson "1 move that the minutes for the meeting of March 13, 1978, be approved as printed", seconded by Councilperson Turner, carried 5-0 Public Comment No persons spoke under Publ ic Comment Item 1 Esther R Ave Cook for approval of rezoning of a from resent PCD to RC (Case No Mr Shelley, Acting Director, Community Development Dept , explained this request for rezoning had been deferred :rol" the meeting of February 27, 1978, for the pur- pose of reposting the property, and presented the comments and consideration of the Planning Department, together with recommendation of denial of the Planning Commis- sion Olive Dennison, 3900 Yarrow, expressed dissatisfaction that no notice of the hearing had been listed in a recent newspaper publication, and concern that proposed small businesses may not survive in the area Gordon Harward, 7801 W 39th Ave, concurred with Mrs Dennison, further expressin9 concern with lack of follow-through with proposals previously presented with no future guarantee Albert E Anderson, 4098 Field Dr , stated he represented the Zephyr Medical Commons Office Owners Assoc , and commented There are some 42 pages of covenants on the project that was developed for safeguards, rezoning would result in creation of drainage problems, landscapin9 presently planned for 39% which would allow for a very nice development, can't take the zoning back to what it was, as there is a building now involved and previous zoning was RC and R-3, the driveway will become a half-driveway which will eliminate proper ingress and egress, and presented petitions and Notice of Protest against the proposals Robert Sonheim, attorney for the applicants, reaffirmed the position and needs of the applicant, denied the value of the petitions and Notice of Protest, read into the record the Resolution of December 9, 1968, of the Jeffer- son County Board of Commissioners, and presented the testimony of George Cook, 3745 Jay St , owner-applicant, in support of the rezoning request Ordinance introduced by Councilperson Cavarra, Clerk read title and assigned No 269 Motion by Council- person Cavarra "I would move that Ordinance No 269 not be adopted on first read- ing for the following reasons (1) The property can be developed under PCD which would allow more flexibility in the development of the site and give the City more control, (2) Future development under an amended PCD would not necessarily lower the value of the parcel and would allow the City to better coordinate the site into an Activity Center complex, (3) Under an amended PCD as compared to open zoning, the objections and concerns of the surrounding neighborhood, in particular, land- scaping, traffic patterns, drainage, height limitations, could be narrowed and be more specifically dealt with, (4) The PCD does not deny commercial use of the site, and the surrounding neighborhood relied upon the existing zoning and its stipulations, and (5) This case was recommended for denial by the Planning Commis- sion", seconded by Councilperson FIasco, carried by vote of 5-0 Item 2 Application by R property located at 7360 W Ordinance on first reading W Investments for a roval of 44th Ave from present R-C to PCD CITY COUNCIL MINUTES March 20, 1978 Page -2- Mr Shelley, Acting Director, Community Development Dept , presented the Planning Department's comments and considerations, and the recommendation for approval of the Planning Commission Robert Leher, R W Investments, attorney and principal partner, reviewed prel iminary plans/proposals for the requested rezoning The land- scaping, fencing, and traffic circulation will be planned compatible to the area He presented the architect, J D Willis, of 480 S Marion Parkway The applicant advised the structure proposed is anticipated for use as a major camera store, tele- vision and stereo center, with probably 12 to 15 employees The second floor of the building may not be initially occupied Concern was expressed by Council with respect to an environmental assessment statement, need or purpose of a two-story building, increased traffic problems, funding and escrow of street improvements costs, and landscaping requirements H P Heidel, 4330 Upham St , resident, dir- ectly across the street from Pay-N-Pak He stated he was not objecting to the change of zoning providing certain things would be accomplished re landscaping, elimination of blowing trash problem, definition of "activity center", and mainten- ance of 1andscapin9 Mr Shelley explained "commercial activity center" as set out in the Comprehensive Plan of September 1976 as adopted by the City The appl icant indicated could not make a commitment as to tenant of second floor, the closing of one of the exits, or a change from two-story to one-story structure Pat Sampson, 7451 W 45th Ave, described the present traffic problems and possible increase to safety in the 44th and Vance "intersection", and suggested the need for a traffic light or another exit from the property Ordinance introduced by Counci1person Lewman,title read by Clerk and numbered 270 Motion by Councilperson FIasco "I would like to move that this be deferred for a period of three weeks, and the staff instructed to bring in answers to all the questions raised here toni9ht--the curb, gutter, the money to be placed in escrow, the problem of 44th and Vance, environmen- tal assessment statement requested, and the landscaping as shown on the Plan, should be excluded from the drive entrance areas and also from the calculations", seconded by Councilperson Donaldson, carried 5-0 Item 3 Application by John a parcel of property located of a Preliminar and Final Plat for Case No MS-77-l1 Mr Shelley, Acting Director, Community Development Dept , presented the comments and consideration of the Planning Department, together with Planning Commission recommendation for approval A variance was issued by the Board of Adjustment for lot width John Cero, 11005 Ralston Rd , Arvada, owner of subject property Prop- erty was not included in the Mass Rezonin9, and subdivision is required for the pur- pose of sell ing a portion, for construction of a new home, with the present struc- ture to be remodeled Dean DeVries, 4300 Parfet St , stated he was the builder, that no new construction had been started, however, some remodeling work has been done on the old house C H Swanson, 3262 Garland, neighbor, described the particu- lar remodeling accomplished to date, and that it was an improvement (Mr Shelley confirmed that a building permit had not been applied for prior to beginning of re- modeling, permit has now been applied for, and in interim, a stop-work order had been issued by the Department Karen Watson, 3390 Garrison, stated she had request- ed the investigation of the construction) No one appeared in opposition to the plat subdivision request Motion by Counci lperson Lewman "I would move that the Final Plat for Minor Subdivision case 77-11 (MS 77-11), Garland Park Subdivision, be approved because it meets all the requirements of the Subdivision Regulations", seconded by Counci1person Turner, carried 5-0 Item 4 Application by Gerald D Walker & Gerald M Walker for ap roval of rezoning of a parcel located at 4770 Miller St from present A-I to PCD Case No WZ-77-30 Ordinance on First Reading Mr Shelley, Acting Director, Community Development Department, informed Council that an addendum to the request had been presented, that this had not been reviewed by the Planning Commission, and did represent a considerable change from the origi- nal presentation City Attorney advised that if this constituted a considerable change, he would recommend that it be referred back to the Planning Commission Motion by Councilperson Turner "Since the addendum presented to the Council to- night constitutes a considerable change to the plans submitted to the Planning Com- mission for its consideration, I move that the rezoning of 4770 Miller St request be referred back to the Planning Commission for later consideration by City Council", seconded by Counci1person Lewman,carried 5-0 Gerald D Walker, owner of the prop- erty, assured Council the purpose for change of architects and addendum was to City Council Minutes 3/20/78 Page -3- present something more acceptable to the City Darwin Brunke, 4750 Oak St , stated he was in opposition to the requested rezoning, however, he was advised by the City Attorney that it would be more appropriate for his remarks to be made at the hear- ing(s) to be held at a future date Item 5 A plication b Roscoe & lola Riley for approval of a rezoning of a parcel located at 4565 Kipling St from present R-2 and A-I to R-3 Case No WZ-78-1) Ordinance on first reading Mr Shelley, Acting Director, Community Development Department, described the prop- erty, gave the comments and considerations of the Planning Department, and the recom- mendation for approval of the Planning Commission Traffic circulation, ingress and egress, and parking problems were reviewed Roscoe Riley, 6127 W Elmhurst Dr , Littleton, corrected the address from 4665 Kipling to 4565 Kipling (application is correct) Owner-applicant advised no development planned presently, although prop- erty is for sale John Latendresse, 3745 Niagara Way, applicant's realtor, stated the present zoning makes it unuseable No one else wished to speak Ordinance introduced by Councilperson Cavarra, title read and number 271 assigned by Clerk Motion by Councilperson Cavarra "I would move to amend the title to 4565 Kipling Street, and move that Case No WZ-78-1 be denied and Ordinance No 271 not be adopt- ed for the following reasons (1) The applicant failed to show that the property could be developed at a lesser intensity, and (2) The proposal would have severe traffic problems with ingress and egress on Kipling Street", seconded by Councilper- son Turner, carried 4-1, with Councilperson Flasco voting nay Item 6 A lication b the Cit an amendment to Ordinance 9 , Sections 1 , 17, 1 , 19, and 20, lines for determining similar allowed uses in a zone district reading Mr Shelley, Acting Director, Community Development Department, stated the intent of the proposed ordinance is to clarify the procedure for determining what is and is not a similar use in any commercial or industrial zoning district, and answered questions of Council as to purposes, line of authority, and definition of similar uses as proposed Ben L Chastain, 3250 Marshall St , commented he felt that the ac- tual concept of the Board of Adjustment would be denied by the passage of the pro- posed ordinance The Board is to hear appeals according to specific Rules and Regu- lations previously adopted, and, further, that one person or agency should not be given such full authority for determination, and that too much emphasis on future actions resulted from a decision recently made Council consensus was this issue is just part of a very complex problem Motion by Councilperson Cavarra "I would move that action on this ordinance be deferred until we have had the opportunity to discuss the entire problem of lines of authority", seconded by Councilperson Flasco, carried 5-0 Item 7 Ordinance No 254 Providing for the licensing and collection of fees upon establishments maintaining amusement devices within the City of Wheat Ridge, State of Colorado Ordinance introduced by Councilperson Cavarra on second reading, Clerk read title Motion by Councilperson Cavarra "I would move that Ordinance No 254 be defeated on second reading", seconded by Councilperson Lewman, carried 5-0 Item 8 Ordinance providing for the Licensing of and Collection of Fees from Estab- lishments Maintaining Amusement Devices within the City of Wheat Ridge, State of Colorado Ordinance introduced by Councilperson Cavarra, title read and numbered 272 by Clerk Amended Motion "I would move that Ordinance No 272 be adopted and ordered pub- lished on first reading with the following amendments, that in Section 1 (d), sec- ond from the bottom line, after the words 'bowling lanes' the following words be in- serted 'non-coin-operated pool and billiard tables', and in Section 8 (a) para- graph (1), 'are being used for gambl ing purposes', add 'or high score prizes'" Original motion by Councilperson Cavarra, seconded by Councilperson Donaldson Am- endment by Councilperson Turner, seconded by Councilperson Lewman carried 3-2 Am- endment by Councilperson Donaldson, seconded by Councilperson Turner, carried 5-0 Amended motion carried 5-0 City Clerk noted that Mr Archer had been present ear- lier in the evening and may be present at the second reading to provide his comments City Council Minutes 3/20/78 Page -4- Item 9 Ordinance to Adopt by Reference the Merit System Personnel Rules and Regu- lations City Attorney stated he did not recommend adoption of the subject ordinance for the reason that it is not advisable or necessary to adopt the Personnel Code by refer- ence--it has never been adopted prior to this time, and felt it much more effective to approve them on oral motion as has been done in the past and as the Ordinance (No 178/ Section 16, Code of Laws) of the City presently provides Ordinance intro- duced by Councilperson FIasco, title and number 273 assigned by Clerk Motion by Counci Iperson FIasco "I would 1 ike to move that Ordinance No 273 not be adopted on first reading on the advice of counsel", seconded by Councilperson Donaldson, carried 5-0 City Attorney advised that several provisions were deleted in Ordin- ance No 261 adopted recently re longevity, cost of living, and sick leave, and since these items are related to money expenditure, an ordinance pertaining to the provisions must be adopted Motion by Counci lperson Cavarra "I move to direct the City Attorney to prepare an Ordinance in accordance with the Rules and Regulations as adopted by Motion at the meeting of March 13, 1978 for submission to Council" (Referring to items deleted from Ordinance 261 - Longevity, Incentive Pay Increases, Cost of Living and Sick Leave Conversion Pay) Motion was seconded by Councilperson Donaldson and carried 4-1, Councilperson FIasco voting Nay Item 10 Request for A ed at 7000 W 38th Ave roval to Enlarge Premises of the Mon Petit Restaurant locat- deferred from March 13, 1978) The City's report indicated parking requirements had been met Motion by Councilper- son Cavarra "I move that the remodel ing of the premises of the Mon Petit Restaurant, 7000 W 38th Ave, be approved per plans submitted and as approved by the City's Chief Building Inspector, Community Development Department", seconded by Counci lper- son Donaldson Mr Frank Pourdad, the owner, was present, and indicated there were two exits from the basement, one being an emergency exit Motion carried 4-1, with Councilperson FIasco voting nay Item 11 Adopting Chapter V, Council Procedure and Legislation, of the providing for im lementation of Cha ter V in its entir- Resolution introduced by Councilperson Lewman, title read and number 569 assigned by Clerk Motion by Councilperson Lewman "I would move to adopt Resolution 569, and would like to add Chapter VI I, Personnel" The City Attorney read the provision, Chapter VI I, provided in the Charter Motion seconded by Councilperson Turner, car- ried 5-0 Item 12 Recommended Street Resurfacing Program as provided by the Council Street Committee Motion by Councilperson FIasco "I would like to move that the recommendations of the Director of Public Works and the Street Committee--the 1978 recommendations-- for the Street Paving Program be adopted", seconded by Counci lperson Donaldson Motion to amend by Councilperson Turner "I would like to amend the portion in Ward I I I, that it be approved with the following changes items number 6,20, and 23 be checked to see if these should have been completed under the 1977 Contract, items number 2, 3, and 4, in Ward III, under the gravel paving be excluded, and items number 12, 13, 17, 19, and 24 may be deleted from the overlay plan and considered for sealing subject to review by the Street Committee", seconded by Councilperson FIasco, carried 4-0 (Councilperson Lewman was absent from the room) Motion as am- ended carried 5-0 CITY ADMINISTRATOR'S MATTERS W 44th Ave Street Standards City Administrator presented request for policy guidance re installation of curb, gutter, and sidewalks on W 44th Ave, to assist a developer in completing his con- struction immediately, in preference to signing a Development Agreement Council was concerned that if the street standards were adopted per the Comprehensive Plan this may preclude the City from receiving Federal grants City Administrator stated he did not think it would interfere with the City's eligibility for Urban Systems Funds Consensus of Council directed the matter be referred to the Street Committee City Council Minutes 3/20/78 Page -5- and staff for review for purposes of pedestrian safety and to have the matter sched- uled for the Council April Study Session The design concept presented with the 1-470 Transfer Funds application could be used as a starting point The developer to be informed Open Space Report City Administrator requested the matter be held over until next week so that Council would have time to review Open Space Committee Representative The Board of County Commissioners has requested the City to nominate a representa- tive/candidate to the County Open Space Advisory Board Councilperson Cavarra "I would nominate Edgar Johnson--if he is willing to serve and falls within the inter- pretation of a representative" Mr Johnson will be contacted CITY ATTORNEY'S MATTERS City Attorney stated re street resurfacing under the general term maintenance or capital improvement, he had spoken with the firm's accountant An item which ex- tends the 1 ife of any matter would be a capital improvement, action which puts an item back into its original condition would be maintenance, resurfacing would be to extend its life, thus capital improvement, patching would be maintenance COUNCILPERSONS' MATTERS Councilperson Flasco presented the Proposed Statement concerning Duties of Boards and Commissions of the City dated March 20, 1978 (re Chapter IX, Section 9 2, Home Rule Charter) Motion by Councilperson Flasco "I move that all Boards and Commis- sions of the City be requested by the Mayor to submit statements of their duties and responsibilities for presentation to the City Council on April 24, 1978, and that the City Council refer these statements to the City Attorney at its meeting April 24, 1978 for preparation of a single ordinance to include the duties and res- ponsibilities of all Boards and Commissions of the City as required by the City Charter, and that the matter be set for study session consideration on May 1, 1978 for review of the draft ordinance prepared by the City Attorney The Boards and Commissions to be included are the Planning Commission, Board of Adjustment, Civil Service Commission, Personnel Commission, Parks & Recreation Commission, Arborist Board, Building Code Advisory Board, and Animal Control Commission" Seconded by Councilperson Donaldson, carried 5-0 Councilperson Lewman reported Board of Directors, Lane Ditch Co , meeting to be held Tuesday, and requested a City representative be appointed to vote the City's share or shares f1otion BY Councilperson Turner "I would move that Dave Shelley be designated as City representative and be authorized to vote whatever stocks are appropriate at the meeting in response to Mr Lewman's request", seconded by Coun- cilperson Flasco, carried 4-0, with Councilperson Lewman abstaining (Councilperson Lewman is a member of the Board of Directors) Councilperson Turner asked for a consensus of Council with respect to one-time zon- ing packet distribution unless special need or other request, ie, the rezoning re- quest information packet be distributed with the ordinance on first reading only Motion by Counci Iperson Turner "I would move that the rezoning request information- al packet be distributed with the ordinance on first reading only", seconded by Coun- cilperson Flasco, carried 5-0 (Therefore, the packets distributed with the ordin- ance on first reading must be individually retained for use during the scheduled Pub- lic Hearing of the second reading of the proposed ordinance) MEETING ADJOURNED AT 11 38 P M C~~,~~W APPROVED '3/:;7 /? t , I (Pit