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HomeMy WebLinkAbout01/15/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO January 15, 19/9 Mayor Phillips convenea the meeting of the City Council at 7 35 pm, January 15, 1979 Council Members present Mary Jo Cavarra, Joseph M uonaldson, Gary L Lewman, Ray C Pepe, Louise F Turner, and Anthony N Flasco arrived at 11 55 P m (delayed from returning from out of C1tYJ Also present C1ty Clerk Carol F Hampf, City Treasurer James U Malone, City Administrator John A Jerman, City Attorney Edmund G Lambert, Department Heads uouglas W Hilyard, Clyde E HobbS, Chief Ed Pinson, Charles ~tromberg, staff, and interested citizens No one appeared to speak under Public Comment Approval of Minutes MOTION by Councilmember Donaldson II I move for the adoptl on of the minutes of the meetings of December 18th, 1978, January 4th, 1979 and January 8th, 1979, unless there are any correct1ons by other members of the Council"; seconded by Mrs Turner, carried 5-U Pu b 11 c Item 1 Hearings (including Ordinances on Second Reading) Application for new Class G - Hotel and Restaurant License (change of classif1cation from Class F - Beer and Wine) for Los Panchos, 6351 W 44th Ave Mr Carl Feldhamer, attorney, represented the applicant, Los Panchos, Inc , Beatrice Juarez,President, and Francisco Juarez, 6355 W 44th Ave, Manager, both gave testimony The Los Panchos Menu was entered as the applicant's Exhibit #1 Benjamin P Kramer, 1115 11th Ave, Greeley, Colo , gave the City's Survey Report, indicating 54 For, 24 Against, and 30 No upinion No one was present in opposition MOTION by Councilmember Turner I move that the City f1nd that the City's survey indicates 54 were in favor of this license and 24 in opposition, also that no one appeared in oppos1tion, and the present license has never been suspended, I would further move that a Hotel and Restaurant Liquor License be approved for Los panchos Restaurant at 63~1 West 44th Ave, with the understanding that if a bar, as such, is to be installed at a future t1me, it would constitute a mOdification of premises which would require a hearing before Counci I", seconded by Mrs Cavarra, carried 4-1, with Mr Pepe voting NO, stating that he feels the needs of the neighbor- hood are being met AND Item 3 Ordinance No 307 providing for the rezoning of land located between W 3Lnd and 33rd Aves , and between Zephyr and Yarrow Cts , City of Wheat Ridge, County of Jefferson (Case No WZ-78-19, application of Lee Kinnie and Homer Hill Item 2 Appl1cation by Lee Kinnie and Homer H11l for approval of a Preliminary Development Plan for property located approximately between W 3Lnd Ave and 33rd Ave , and between Zephyr and Yarrow Cts \Case No WZ-78-19) Mr ~tromberg presentea the Planning uiv1sion comments Jerry Boatright, attorney, 4315 Wadsworth Blvd, represented the applicants Mr Boatright called Homer Hill, 6677 Otis St ,Arvada, and Homer Hill, 7'195 W 3Lnd Ave, who spoke for his Father In response to questions as to period of time the property had been owned Hills had purchased the property 1n 1'135 and had sold 2~ acres to Lee Kinnie in 1960 CITY COUNCIL MINUTES January 15, 1979 Page -2- Applicant Lee Kinnie, 4755 Upham St , reviewed the development Residents Mrs Tolve, 7987 W 33rd Ave, Martha eberhardt, 3L55 Allison, and Mr J A ~ingley, 3235 Allison, asked questions re tne style, the traffic, water, and future expans10n Council concerns were density, private drives, the concept of streets on the exterior of the area rather than through the center as is customary, creating a less pleasing view of the neighborhood Councilmember Lewman introduced the Ordinance on second reading, asked title to be read AMENDeD MUTIUN I move that Ordinance No 307 be adopted and ordered published on second and final reading, to take effect 15 days after final publ1cation, with the following amendment the last line of Section 1 before the legal description to say 8 duplexes, in lieu of 9, and reasons for this is that I believe Ii feet between structures is not adequate, that reducing these units would reduce the traffic and the visual impact, that this would allow the plan not to circumvent the intent of the Planned Residental Ordinance Zoning, which is not to 1ncrease density, and would also fall within the realm of the Comprehensive Plan" Amending mot1on by Mrs cavarra, seconded by Mrs Turner, carried 4-1, with Mr Pepe voting NO because the Planning Uepartment recommends approval Original motion by Mr Lewman, seconded by Mr Pepe, carri ed 5-0 as amended ~1uTIUN by Mr Lewman "I m 0 v e that the Prel1minary Development Plan for Hacienda Loma Vista located between W 32nd and 33rd Avenues and between Zephyr and Yarrow Cts , Case No WZ-78-19, applicants Lee Kinnie and Homer H1ll, be approved w1th the fol lowing stipulations 1 lhe Planned Residential Uevelopment Regulations must be placed on the Final Development Plan, L A uevelopment Agreement for curb, gutters, and sidewalks must be executed upon approval of a final development plan, 3 If construct1on has not commenced within one year after the approval of a final plat, the City Council reserves the right to reconsider the uffical Development Plan and zoning, 4 That the middle unit on W 33rd Ave be stricken from the Plan which is the one centered between the walkways, 5 That the architectural rendering for constructive elevations be made a part of the Building Permit file as well as zoning and development plan files", seconded by Mr Donaldson, carried 5-0 Item 4 urd1nance No 308 provid1ng for the rezoning of land located at approximately Parfet ~t and Ridge Rd , City of Wheat Ridge, County of Jefferson (Case No WZ-78-8, application of James Miller) AND Item 5 Application by James Miller for approval of a Prel1minary Development Plan for property located at approximately Parfet St and Ridge Road (case No WZ-78-8 J Mr Stromberg gave the Planning Division comments James Miller, 14 Inverness Ur , Englewood, was present However, the other owner, Pauline Dambach, was not present as required MOTIUN by Councilmember Lewman I move that the pUblic hearing on Ordinance No 308 and zoning case WZ-78-18 be continued until January i2nd during the regular course of the meeting", seconded by Mr Pepe, carried 5-0 Item 14 Report of appraisal of Red Barn Property (Schedule III) This matter was requested to be moved up because a number of people were present for this item Brian Kolstad, Urban Drainage and Flood Control District, reported on the recent developments re Schedule III and pre- sented five alternatives with their costs, recommending Alternative 1, which would leave the fire station and take portions of the Red Barn, Alternative 3 which would remove the firehouse and the old Red Barn Mr Kolstad indicated that this is a 50-50 project with the City, however, if the City chooses an alternative with greater expense, the District will only share 50-50 of the costs of their recommended alternative Residents John Andrick, 10585 W 36th, and Larry Kotecki, 10545 W 36th Pl , expressed their concerns about their property and their inability to get firm answers from Urban Drainage & Flood Control District Mr Campbell, owner of the Red Barn, expressed his desire to work with the City and also his needs as to amount of remaining store area and parking Tom Woodford, 3645 Moore St , representing the Wheat Ridge Fire Protection District, expressed their desire for Alternative 3, and that he had been authorized to offer the fire station for $119,000 CITY COUNCIL MINUTtS January 15, 1979 Page -3- MOTION by Council member Cavarra "1 move that we approve Alternative #3 which involves removal of the fire station and original wooden Red Barn and construction of rock/grass lined channels con- necting to bOX channel at Moore St: and we further give direction to Urban urainage to work out a satisfactory arrange- ment for a 11 property owners i nvo I ved in the ~chedu Ie 111", seconded by Mr Pepe, carried 4-1, with Mrs Turner voting NO, after ex- pressing concern about selling the fire station Item 6 Urd1nance No 309 repealing and reenacting Art IV, chap 2, of the code, establishing the Personnel Commission, Animal Control Commission, Parks & Recreation Commission, Arbor1st Board, Bui Iding Code Advisory Board, Planning Commission, Board of Adjustment, and Civil Service commission, and repealing Art v, Chap 2, of the Code Ordinance introduced by Councilmember Cavarra, title read by Clerk AMENDED MOTION I move that Ordi nance 30'1 be approved on second reading, with the following amendments 1 Section 2-23 be amended to add \b) Ihe sui Iding Code Adv1sory Board shall have the authority and obligation to propose, revise, and annually review prov1sions for tnergy conservat1on 1n buildings for the City of Wheat Ridge cxisting b through f shal I be relettered, 2 Section 2-24 \a) be amended so that the first sentence reads 'The Planning Commission shall develop and prepare a Master Plan for the physical, economic and soc1al development and continuance of the municipality', 3 ~entence 4 of (a) in ~ection 2-L4 be amended to read as follows '(a) The Master Plan shall be called the Comprehensive Plan for the City of Wheat Ridge and shall be hereafter in th1S Ordinance referred to as The Comprehens1ve Plan', 4 That the portion of sentence 4 1n (a) of Section 2-24 beginning shall include' be amended to read 'It shal I include but not be limited to the following established character, goals and objectives, population, land us~ economic base, public facilities, parks and open space, transportation, and resource conservation', 5 That the f1rst sentence of (d) Section 2-24 be amended to read 'The Plann1ng commission shall hold a publ1c hearing on all zoning cases', deleting the words 'following quasi judicial procedures', 6 That in Section 2-24 (d) in sentence 4, that the words' Ihe decision' be changed to 'A negative decision', and add to the end of the sentence 'or City Council may by motion place it upon a Council Agenda for hearing and deciSion When a rezoning is denied, amendment of the Compre- hensi ve Pl an shall be considered', 7 That (j) be added to Section 2-24 to read Amendments to the Subdivision Regulations shall be initiated by, or referred to the Planning Commission, Commission recommendations shall be forwarded to City Council for amendment and/or final approval Following such final approval the Planning commission shall cause such amendments to be recorded with the County Clerk and Recorder and shall send an official copy of all amendments, revisions and/or revised editions to the City Clerk for permanent filing in sequence with past editions '" Robert Blair, 4535 Balsam, and Ben Chastain, 3255 Marshall, requested amendments to the Board of Adjustment, ~ection 2-L5 (c) and (m) re tne 15% restrictions of the appeal to City Council James Reser, Chamber of Commerce, encouraged Council to reappdntmembers of the Boards and Commissions now serving Amending motion by IVlrs Turner, seconded by Mrs Cavarra, carried 5-0 Original Motion by Mrs cavarra, seconded by Mr Pepe, motion as amended carried 5-0 MOlION by Mrs Cavarra, I move that we ask the Clerk to send out a letter to every present Board and Commission member asking if they wish to be reappointed and asking them for an alternative choice, because of the fact that we might have to make some adjustments to conform to the Charter that says CITY COUNCIL MINUTcS January 15, 19/9 Page -4- we shal I try to pick Board and Commission members equally from equal uistricts, and that we either advertise or ask the press to run some sort of publicity, or that we take out an advertisement that would be a little application form to solicit to citizens to encourage them to apply" , seconded by Mrs Turner, carried 6-0 MOTlON by Mrs lurner "I move that on the first meeting of February that preceding the ~tudy Session we have a short regular meeting and include at least some appointments" , seconded by Mr Donaldson, carried 6-0 Item 7 Urd No 310 amend1ng chap 4, Art I, Sec 4-2 (Animal Control CommiSS10n), Item ~ urd No 311 repealing and reenacting Sec 5-25 (BU11ding Code Advisory Board), Item 9 Ord No 312 repeal1ng Art III of chapt 15, includ1ng city COde Sections 15-13 and 15-14, Item 10 urd No 313 repealing Chap including Arts I and II), 16 ( ent itl ed "Personnel, and Item 11 Ord No 314 amending Chapter 22 of the Code MOTiON by Councilmember lurner "I move that Ordinances 310,311, 312, 313, and 314 be brought up for second consideration and approved", seconded by Mr Flasco, carried b-O _ 7 5.u~ JAf JIII1 .:JwY'<-t Item 12 Resolution to reinvest funds of the Gencl"al fLltld Introduced by councilmember Lewman, numbered b27, and title read by Clerk MOTlON by ~lr Lewman "I move to add 1n the appropriate locat1ons in Kesolution No 627 that the First Bank of Wheat Ridge be the Bank, and that the interest rate be 11 15%, move to adopt Resolution 6c.7 with those f1gures, seconded by Mrs Cavarra carried 6-u Item 13 Resolut1on to reinvest funds of the General rund Introduced by Counci lmember Lewman, numbered 628 and ti tl e t'ead by Clerk MOTlOI~ I)y Mr Lewman "With the same blanks filled in, with the same Bank and interest rate, for a period of 181 days, I move to adopt Resolution 628" ,seconded by Mr Donaldson, carried 6-0 Item 15 Request for add1tional funds by Camp Uresser & McKee for rebidding the swiming Pool contract Resolution introduced by Counci Imember Donaldson, numbered 62'1 and title read by Clerk MOTiON by Mr Donaldson "I move for the adopt1on of Resolution No 629, seconded by Mrs Cavarra, carried 6-U Item 16 Change of Corporate Officers tor fbrt 44, 1nc dba Port44 MOl ION by councilmember Donaldson I move to approve the application for the change ot corporate officers tor Port 44, Inc , dba Port 44, 4400 Ward Road, Wheat Ridge, Colorado, the new officers being Harry J ~ellers and Donald K Grace This motion is contingent upon clearance by CBI and FBI", seconded by Mrs Turner, carried 6-0 Item 17 Dedicat10n of RuW at 10701 W 3Lnd Ave , and State Highway Department Letter re W 32nd Ave Bikeway/Pathway Mr HObbs stated that he had not had a response to the certified letters that haa been sent to Mr Brown Council questions 1 If it would be poss1ble to relocate the open ditch rather than pip1ng, 2 If City accept the 12-foot dedication and Mr Brown take care of maintaining the ditch or p1pe, 3 If the City did not take the dedication, what are the other alternatives (purchase or condemnation); 4 what the ROW was in other places in the area (30') MuTIuN by Councilmember Fiasco For purposes of stra1ghten1ng CITY COUNCIL MINUTES January 1tJ, 1979 Page -5- out the ROW, I would move that we try to acquire the ful I thirty foot RUW, and that we find out what the reasonable value of it is (get appraisals), what Mr Brown is will1ng to settle for that, and come back to Council so that we can then make a de cis ion", seconded by Mr Dona 1 dson, carri ed 5-1, with Mrs Turner voting NO Mr Jerman recommended that they try to contact Mr Brown to see if he would negotiate to sell with an appraisal price and, if not, proceed with the condemnation, and also that the Highway uepartment be not1fied Larry Troxel, Architects/Engineers, stated that since his last report, the Griffith/Clark/Brown/Davis had requested that the Bikeway/ Pathway be attached This leaves approximately bO% attached and 4U% detached Item 18 Purchase of vehicles for Police Department as prov1ded for in the 1979 Budget MUTION by Councilmember Lewman "I move to approve the purchase of one van, six patrol cars and eight sedans for the Wheat R1dge Police Department, to be charged to account numbers 19-i01-00-00- 80U-SUS, 19-i02-00-00-S0U-SOS, 19-L03-00-00-S0U-SUS, and 19-i06-00-00-S0U-SUS", seconded by Mr Fiasco, carried 5-1, with Mr Pepe voting NO ITEM 19 Liquor/Beer License Renewal Appl1cations MOTION by Council member Cavarra "1 move for the approva I of the Liquor and beer licenses as 11sted in the agenda (Old Prospectors Liquors, tJ01i Kipling St , Pietra's Pizzeria, '1045 W 44th Ave, King Soopers, 1nc , 3400 Youngfield St , ~hop N Go Markets No 9tJ7, tJ99u W 38th Ave, Albertsons Food Center S47, 4262 \~adsworth Blvd, and Deserays, 9110 w 44th Ave )" seconded by Mr Pepe, carried 6-0 Item LO Authorize Mayor to execute agreement between C1ty and Jefferson county Mental Health center, Inc re monthly bil ling MUTION by Council member Cavarra "1 move to authori ze Mayor to execute agreement between City and Jefferson County Mental Health Center, Inc ", seconded by Mr Lewman, carried 6-0 City Attorney's Matters Item 21 Request for contract adjustment to increase payment Mr Jerman reported there had been a meeting between the attorneys and the Department HeadS, at which the attorneys listed on the memo distributed this evening which had been worked out counci I suggestions for additions to this memo were that 1 uepartment heads only should contact the C1ty Attorney's office 2 Boards and Commissions should go through their appropriate Department Head when requesting legal advice 3 Council time would be inclUded with the staff time allocation MOTIUN by Councilmember Cavarra "I move that we accept the measures outl i ned of the memo of January 15, 1979, and cont1nue with the firm of Lambert & Owens , seconded by Mrs Turner, defeated by t1e vote of 3-3, with Messrs Donaldson, Flasco, and Pepe voting NU, because they preferred to have another proposal MOTION by Mr Fiasco "I move that staff be directed to acquire some alternative proposals from other f1rms", seconded by Mr Donaldson, defeated by tie vote of 3-3, with Mrs cavarra, Mr Lewman, and Mrs Turner voting NO Cbunc11 Members Matters Councilmember lurner mentioned the by CSU MEUING AUJOURNtD at Y 05 a m ~ ~w (~ !, .-" CAROL F HA F, C ~K/ CFH pjk cj / thermoscan" project now being conducted APPROVED Council Mayor City Adm. City Arty '~ I Dept. Heads I ,~ / 1/./'/ /7'7 (Il f 'I 1, IDistribute}l to; lDate:~, . ~' /. ,/ City Clerk: City Treas: I~,~ II! (