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 ~
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CAROL F HA F, C ~K/
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thermoscan"
project now being conducted
APPROVED
Council
Mayor
City Adm.
City Arty
'~ I Dept. Heads
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IDistribute}l to;
lDate:~, . ~' /. ,/
City Clerk:
City Treas:
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