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HomeMy WebLinkAbout01/29/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO January 29, 1979 Mayor Phillips convened the meeting of the City Council at 7 10 pm, January 29, 1979 Council Members present Mary Jo Cavarra, Joseph M Donaldson, Gary L Lewman, Louise F Turner, and Ray C Pepe arrived at 7 30 P m Also present City Clerk Carol F Hampf, City Administrator John A Jerman, City Attorney Charles Owens, Department Heads Douglas W Hilyard, Chief Ed Pinson, and Charles Stromberg, staff, and interested citizens MOTION by Councilmember Cavarra "I move that the following adjustments be made in the Agendas 1 From the Agenda of the continued meeting scheduled for January 22, 1979, item 1 be deleted (completed as per memo listed under 'information'), items 12, 15 and 16 be continued until February 5, item 17 be heard first tonight 2 From the Agenda for January 29, 1979, item 2 Public Hearing, Mueller & Smith, be heard immediately following the January 22nd item 6 (James Miller, Case No WZ-78-8), and items 3 D, B & M, Inc , and 4 Lena Gulch Schedules V and VI be heard following the Mueller/Smith Public Hearing I further move that the Minutes of January 15, 1979 be approved with the following correction that the title of item 12 read 'Resolution to Reinvest Funds from the Sales Tax Improvement Fund' , rather than' General Fund'" ,seconded by Mrs Turner MOTION TO AMEND by Mr Flasco "I move to amend the motion to do item number 17 after Mr Pepe arrives, and full council is here", seconded by Mr Donaldson, carried 5-0 Motion as amended carried 5-0 Public Item 2 Heari nos Application of Exponential, Inc for a new Class G - Hotel and Restaurant License with extended hours for ETTA PLACE to be loacated at 4020 Wadsworth Blvd Robert McClure, applicant, explained his plans for the restaurant, if the liquor license is granted Barry Teeters, who will be the Manager, also was present Sherilyn McGarry who had done the City survey testified that the results of the survey had been 83 FOR, 18 AGAINST, and 12 NO OPINION No one Vias present to speak in opposition MOTION by Mrs Cavarra "I move that the application for a new Class G - Hotel/Restaurant License with extended hours for UTA PLACE by Exponential, Inc , to be located at 4020 Wadsworth Blvd, Wheat Ridge, be approved, because a majority of the citizens were in favor, less than ten percent of the citizens polled in a random City survey stated any opposition", seconded by Mr Lewman, carried 5-1 Mr Pepe, since he was not present for the entire hearing, asked to abstain, and received Council's consent City Attorney's Matters Item 17 Notice by Lambert & Owens, City Attorney, re Termination of Contract Mayor Phillips explained that since previous motions regarding City Attorneys had died by 3-3 tie vote, some decision needs to be made Various possible alternatives and extensions of time were discussed MOTION by Mrs Turner "I move that the agreement as written with the City Attorneys be extended for a period of six months, and be reevaluated at that time (with variables as per City Administrator's memo of January 15th)", seconded by Mrs Cavarra, died with 3-3 tie, Council members Flasco, Donaldson, and Pepe voting NO Mr Donaldson explained that he would prefer to seek attorneys who would charge a flat fee MOTION by Mr Flasco "I move to accept the contract for Lambert & Owens as per the letter from the City Administrator of January 15th for a 30-day period, further, that staff be directed to seek proposals from other law firms on a flat rate basis", seconded by Mr Donaldson, motion died by 3-3 tie, with Councilmembers Cavarra, Lewman, and Turner voting NO, Mrs Cavarra stating she felt the 30-day basis was unfair MOTION by Mrs Cavarra CITY COUNCIL MINUTES January 29, 1979 Page - 2 - "that we try the proposal for 90 days, and then reevaluate to determine costs and decide whether to ask for proposals for another attorney", seconded by Mrs Turner, motion died 3-3 tie, with Councilmembers Flasco, Donaldson, and Pepe voting NO Public Comment Wayne Preston, 3480 Upham St , who expressed his concern that City officials and City employees purchase surplus city property, and asked that there be an ordinance against elected officials or employees bidding on such property Public Item 3 Hearings Application of Dwaine R Richter for approval of Preliminary Development Plan No 1 (restaurant) for property located at approximately 13001 W 32nd Ave (Case No WZ-78-14) Mr Stromberg presented the staff comments and recommendations, and asked that the following items be entered as Exhibits A Comprehensive Development Plan, B Zoning Ordinance, C Outline Development Plan, D Resolution from the Planning Commission, E Court order relating to litigation, F Community Development case file, and G Related City Council packet items Robert Lee Kessler, attorney, POBox 6013, Cherry Creek Station, Denver, Colorado 80206, presented the applicant Mr Richer's case Robert Sonheim, representing the Applewood Gardens Home Owners Assoc , presented the case of the opposition He asked that Exhibits 1 through 9, previously presented to Council on August 14, 1978, be entered as evidence 1 Judge Shannon's order, 2 Plat of Applewood Gardens, 3 & 4 Maps showing variances between the final and preliminary development plans, 5 Petitions, 6 Map of the streets, 7 Photograph of public hearing sign, 8 Transcript of proceedings before City Council on August 14, 1978, 9 Letter of March 1, 1978, from Maurice F Fox He called the following people who were sworn in to testify John Michael Carroll, 15050 W 29th Ave, Michael Mabee, 3278 Zinnia Ct , Joseph O'Neill, 3238 Zinnia Ct Exhibits items 10, 11, 12,13, and 14 were presented Exhibit 10--Letter of June 15, 1978, notice of hearing before Planning Commission, 12--Application for building permit for restaurant, 13--Letter from Reverend Angus, 14--Letter from Mrs Smitham Bette Stout, 3229 Zinnia Court, was sworn in and spoke in opposition Cross-examination by Mr Kessler included witnesses Stout, Mabee, O'Neill and Carroll Following a ten-minute break, the following MOTION by Mrs Cavarra "I move that we complete items 3 and 4 of tonight's revised agenda, and continue the remainder of the items to 7 30 Wednesday, January 31st", seconded by Mrs Turner MOTION TO AMEND by Mr Fl asco "I mo v e we a 1 sop 0 s t- pone item 4 to some other time (application for final development approva 1)", seconded by Mr Pepe, died by 3-3 vote, with Council members Cavarra, Turner, and Pepe voting NO Original motion carried 5-1, with Mr Flasco voting NO Item 3 continued with redirect examination by Mr Sonheim of witnesses Mabee and Carroll Richard Griffin stated that he had bought Mr Carroll's house in December and is supporting the Association Following the testimony, City Attorney Owens reviewed the exhibits All of the City's exhibits were accepted by the Mayor, and opposition exhibits 2, 8, 9, 10, 13, and 14 were accepted by the Mayor and Mr Kessler The remainders were not admitted as not being relevant to this Preliminary Development Plan hearing MOTION by Mrs Cavarra "I move that preliminary plan Case WZ-78-14 located at 32nd Avenue and 1-70 Service Road be approved for these reasons the plan is in compliance with the Outline Development Plan previously approved, That the preliminary development plan meets the require- ments of the Wheat Ridge zoning ordinance, That the objections raised by neighborhood residents this evening were to uses approved without opposition in the outline development plan at the time of its adoption, which uses were compatible with the residents at that time, further that the wording 'stage I' be added to the preliminary development plan, and with this modification that the drive-up feature be eliminated", seconded by Mr Lewman, carried CITY COUNCIL MINUTES January 29, 1979 Page - 3 - 5-1, with Mr Flasco voting NO, since he believed the plan was poorly presented by staff and that it is the continuation of a case invalidated by the courts MOTION by Mr Flasco "Since there is a modification in the final plan, and, therefore, all the material presented to us tonight is not logically complete, and, therefore, would move for referral back to Planning Commission for reconsideration of the final develop- men t plan", seconded by Mrs Cavarra, passed 6-0 It was requested that when the final developmenf plan is heard, the dicsussion be on the modifications brought up tonight, signing, and other details not addressed at this hearing, but not go over items already heard MEETING RECESSED UNTIL WEDNESDAY, JANUARY 31, 1979 at 7 30 p m The City Council meeting continued from January 29, 1979, was reconvened by Mayor Phillips at 7 35 pm, Wednesday, January 31, 1979, with all Members and staff listed above present Councilmember Mary Jo Cavarra arrived at S 25 p m Item 5 (January 22, 1979 Agenda) Ordinance No 30S providing for the rezoning of land located at approximately Parfet St and Ridge Rd , City of Wheat Ridge (Case No WZ-78-S, application of James Miller, continued from meeting of January 15, 1979), and Item 6 (January 22, 1979 Agenda) Application by James Miller for approval of a Preliminary Development Plan for property located at approximately Parfet St and Ridge Road (Case No WZ-7S-S, continued from January 15,1979) Mr Stromberg presented the City's case and gave the staff comments This plan involves office building and warehouse He entered into evidence A Compre- hensive Development Plan, B Zoning Ordinance, C Case file, D Staff comments, and E Map (Preliminary Development Plan) James Miller, 14 Inverness Dr , Englewood, Colorado, and John Hayes, attorney, representing the other applicant, Mrs Pauline Dambach, presented the applicants' case, and entered the following exhibits 1 Power of Attorney from Mrs Dambach to Mr Hayes, 2 Statement re "servi ce 1 i ne extens i on wi 11 be requ i red at developers expense", 3 Revi sed Preliminary Development Plan, 4 Elevation drawing, 5 through 14 Photographs which fairly represent the property Mr Hayes stated that Mrs Dambach is in accord with the rezoning and the Preliminary Development Plan There was no one in opposition Ordinance No 308 was introduced by Mr Flasco on second reading, title read by Clerk ~10TlON by Mr Flasco "I move that Ordinance No 30S be adopted on second readi ng and ordered publ i shed", seconded by Mr Donaldson, carried 4 in favor, Mrs Turner voting NO, and Mrs Cavarra abstaining because she was not present for the entire hearing Mrs Turner stated that she was voting no because it was adjacent on three sides to agricultural/residential uses and did not wish to extend industrial use without adequate buffering MOTION by Mr Pepe "I move that the Preliminary Devel- opment Plan for Parfet Industrial Park, Case No WZ-78-S, located at 5130 and 5190 Parfet St be approved with the stipulation that all buildings be connected to a public sanitary sewer system If no substantial development has occurred within a period of three years, the City Council reserves the right to reconsider the official Development Plan and the zoning, and that the first two paragraphs of the letter from James A Miller & Associates to the Planning Commission dated September 21, 1975, be added to the Development Plan, and that the loading doors be definedas 10x12 overhead doors, and that there be no loading docks for semi-tractor trailers, also added to the Development Plan that a 16-foot maximum height be placed on buildings in the first phase, that the photographs of the buildings to be constructed be made a part of the record, that the new plat dated January 22, 1979, which has the water ease- ment but used as a replacement for the Preliminary Plat that was in the packet" ,seconded by Mr Donaldson MOTION TO AMEND by Mr Lewman "An amendment that would indicate that the Oak St (which is the eastern boundary of this property) be dedicated so that it has a width of sixty feet", seconded by Mr Pepe, failed by vote of 2 in favor, 3 NO by Messrs Donaldson, Flasco, and Pepe, and 1 abstaining by Mrs Cavarra who stated she was not present for the entire hearing Comments on NO votes indicated their concern about the high cost of building a road in this location CITY COUNCIL MINUTES January 29, 1979 continued to January 31, 1979 Page -4- MOTION CARRIED 4 in favor, 1 NO by Mrs Turner, and 1 abstaining by Mrs Cavarra for the same reason as above Mrs Turner voted no because it does not meet the Wheat Ridge Code for buffering from residential areas Item 2 (January 29, 1979 Agenda) Public Hearing re Application by Elva B Mueller & Rose K Smith for approval of a 2-10t subdivision for property located at 3235-37 Garland St (Case No MS-78-05) Mr Stromberg presented staff comments and entered Exhibits A Subdivision Regulations, B Case file, and C Packet materials into evidence This case divides the ownership of a duplex and its land into 2 ownerships Maurice Fox, Attorney, represented the applicant, stated that the presentation as made by staff was more than adequate There was no one in opposition MOTION by Mrs Turner "I move that the application by Elva Mueller and Rose K Smith in Case No MS-78-05 for a 2-1ot minor subdivision, located at 3235 and 3237 Garland Street be approved for the following reasons Legal requirements for posting, publishing, and notification have been properly met, The Plat meets all requirements of the Subdivision Regulations except for a legal description error which will be corrected, The Planning Commission recommends approval of the proposed Plat subject to the gaining of necessary and proper variances from the Board of Adjustment, which at this time have been obtained from the Board of Adjustment, No adverse impacts would be created which would affect the neigh- borhood because no additional dwellings are being developed,and The request does conform to the Comprehensive Plan and is consistent with the Zoning Ordinance It is further moved that prior to receiving necessary signatures on the Plat for recording, the legal description errors will be corrected and approved by the Department of Public Works, and that a Development Agreement for curb, gutter and sidewalks will be executed between the applicants and the City of Wheat Ridge, and furthermore that an additional 5 feet will be dedi- cated to the City for street right-of-way purposes, and a con- veyance of use of the fifteen-foot easement right, which is the western one-half of Garland Street shall be conveyed to the City for right-of-way purposes", seconded by Mr Pepe, carried 6-0 Item 3 (January 29, 1979 Agenda) Consider reinstatement of License expired December 31, 1978, or set Public Hearing date, etc , for new license, for D,B, & M, Inc , dba Big Daddy's (Babyo's) Dean Seewald, 2350 So Filmore Dr , was present to explain the request for reinstatement of license MOTION by Mr Donaldson "I move that the Colorado Liquor Enforcement Division of the State of Colorado De- partment of Revenue be asked to reinstate the Class T - Tavern Liquor License for D, B & M, Inc , that a change of corporate officers to Dean A Seewald, President, Robert J Seewald, Vice-President, and Eugene J Hartmen, Sr , Secretary-Treasurer, be approved, and that a change of trade name from Babyo's to Big Daddy's be approved", seconded by Mrs Turner, carried 6-0 Item 4 (January 29, 1979 Agenda) Presentation and approval of alignment for Schedule V (from west of Parfet St to west of Simms St ) and Schedule VI (west of Simms St to W 29th Ave) of Lena Gulch Final Design Brian Kolstad, Urban Drainage & Flood Control District, explained that during the January 22nd City Council meeting he had a meeting with the residents present who were interested in Schedules V and VI, had discussed concerns with them, and felt that they were all satisfied He presented maps showing the location of Schedules V and VI MOTION by ~1r Flasco "I move that Urban Drai nage authority proceed with the engineering on Schedule V and that they work with residents to work out any problems that have arisen, and also will try to protect the wildlife habitat", seconded by CITY COUNCIL MINUTES January 29, 1979 continued to January 31, 1979 Page -5- Mrs Cavarra, 5 in favor, with Mrs Turner abstaining as she is a property owner in this area MOTION by Mr Lewman "I move to authori ze Urban Drainage District to proceed with final design work on Schedule VI as proposed by the District", seconded by Mr Flasco, carried 6-0 Item 7 (January 22, 1979 Agenda) Ordinance No 300 providing for adoption of Six Quarter Section Zoning Maps as the Official Zoning Maps of the City, and to provide for future updating of maps periodically to indicate zoning changes approved by City Council (Tabled to January 22, 1979 at meeting of December 18, 1978) Ordinance No 300 introduced by Mr Lewman, title read by the Clerk Mr Stromberg explained that an error had been found in the "NW 26 map" and distributed a replacement MOTION by Mr Lewman "I move that Ordi nance No 300 be adopted on second reading and published with the following amendment (to Section 2) that the words 'and responsible' be added to follow 'shall have the authority''', seconded by Mrs Turner, carried 6-0 It was requested that with the publication of the ordinance also publish the index page, stating that maps are available in Community Development and City Clerk offices Item 8 (January 22, 1979 Agenda) Ordinance No 315 amending Section 4-2 and Section 4-6 of the Code (Animal Control) Ordinance introduced on second reading by Mr Pepe, title read by Clerk MOTION by Mr Pepe "I move that Ordinance No 315 be adopted on second reading and ordered published with the following amendment that under Definitions, the individual definitions be listed (a) t h ro ugh (k)", seconded by Mr Lewman, carri ed 6-0 Item 9 (January 22, 1979 Agenda) Ordinance No 316 imposing business and occupation tax on telephone utility companies operating within the City of Wheat Ridge Providing for the collection of said taxes and for penalties with respect thereto Introduced by Mrs Cavarra, title read by the Clerk, MOTION by Mrs Cavarra "I move that Ordinance No 316 be approved on second reading and ordered published", seconded by Mr Donaldson, carried 6-0 Item 10 (January 22, 1979 Agenda) Ordinance on first reading providing for the rezoning of land located at approximately W 49th Ave and Ward Rd , upon application of B A Wyatt, from C-1, R-C, and R-2, to I (Industrial) (Case No WZ-7S-113) Ordinance introduced by Mr Donaldson, numbered 317 and title read by the Clerk MOTION by ~~r Donaldson "I move for Ordinance No 317 on first reading and ordered published, and that a Public Hearing be set for Monday, February 26, at 7 30 pm, in City Council Chambers at 7500 W 29th Ave, Municipal Building, Wheat Ridge, Colorado, and that the Ordinance, if approved on second reading, take effect 15 days after final publication", seconded by ~k Pepe, carried 5 in favor with Mrs Cavarra abstaining because applicant a long- standing friend of the family Item 11 (January 22, 1979 Agenda) Decision concerning acquisition of right-of-way from James H Brown, 10701 W 32nd Ave , needed for W 32nd Ave Bikeway/Pathway Project Mr Hobbs read the letter from Mr Brown indicating his willingness to dedicate twelve feet for right-of-way providing the ditch is piped under- ground After discussion of the various alternatives, MOTION by Mrs Cavarra "I move we accept Mr Brown's offer and go along with it", seconded by Mr Lewman The motion failed 2-4, with Councilmembers Flasco, Donaldson, Pepe, and Turner voting NO Mr Donaldson stated that he was in opposition since the price was now up to $160,000 total, and thought we should go along with the State plan and not spend more money MOTION by Mr Flasco "I move that staff be directed to go to the State and find out if we can revert to the original plan", seconded by Mr Donaldson, carried 5-1, with Mrs Turner voting NO, because of the lack of safety factor in the State plan CITY COUNCIL MINUTES January 29, 1979 continued to Januqry 31, 1979 Page ~6- Item 13 (January 22, 1979 Agenda) Award of bid for concrete work for footbridge in Prospect Park MOTION by Mr Lewman "I move that the lowest and best bid be awarded to CWN Construction Co , Inc of Golden, Colorado, for the construction of the Prospect Park Footbridge/Caissons, Pier & Abutements with Columns and Placement of Steel Beams for a base bid of $12,075, and the steel beam placement bid of $1,800, to be charged to Account No 31-603-862", seconded by Mr Pepe, carried 5-1, with Mrs Turner voting NO Item 14 (January 22, 1979 Agenda) Approve payment of additions to Insurance Policy #BP-9-32-00-77 MOTION by Mr Donaldson "I move that a payment in the amount of $3782, be authorized to Galbraith & Green, Inc for insurance coverages provided under City Insurance Policy #BP-9-32-00-77, and be charged to Account No 01-610-00-00-782", seconded by Mr Lewman, carried 6-0 Item 5 (January 29, 1979 Agenda) Approval of contract with Peat, Marwick, Mitchell & Co for Traffic Management Study of the Wheat Ridge, Colorado Police Department Chief Pinson and Lt Wetmore explained the purpose and desired end results of the study MOTION by Mr Lewman "I move that the Mayor be author- ized to enter into an agreement with Peat, Marwick, Mitchell & Co for purpose of a traffic management study", seconded by Mr Donaldson, carried 5-1, with Mrs Cavarra voting NO Item 17 (January 22, 1979 Agenda) Notice by Lambert & Owens, City Attorney, re termination of contract r<10TION by Mr Flasco "I move that the staff proposal dated 15 January 1979 for the legal services of Lambert and Owens be accepted for a 60-day period, and that it be renewable on a thirty-day basis thereafter by agreement with City Council and the firm of Lambert and Owens, that this proposal be modi- fied to pro rate the fifty hours of at-large legal services (item E), further that during this sixty-day time period that staff be directed to seek proposals from qualified firms to provide this service to the City of Wheat Ridge and submitted to City Council on approximately 2 April 1979", seconded by t~r Donaldson MOTION TO AMEND by Mrs Turner, "I move to amend it to delete the business of having firms bring in additional proposals", seconded by ~lrs Cavarra, motion tied by 3-3 vote, with Councilmembers Flasco, Donaldson, and Pepe voting NO MOTION CARRIED 5-1, with Mrs Turner vot1ng NO Council Members' Matters Mr Flasco stated that since a pay proposal had not been received as yet from the staff, and in order to get something going, "I move that this Resolution (Resolution titled 'Resolution Directing Staff to Prepare a Salary Ordinance Incorporating the "Flasco Salary Proposal" dated December 11,1978') be adopted", Resolution was numbered 630 by the Clerk It was suggested that the staff proposal and any other suggestions brought in be considered on February 12th, along with the pay ordinance as Resolution No 630 directed MOTION seconded by Mr Pepe, carried 5-1, with Mr Lewman voting NO MOTION by Mr Flasco "I move to have a short executive session immediately following this session on litigation in the Dale Fri sk case", seconded by Mrs Cavarra, carried 6-0 MOTION by Mr Lewman to adjourn at 12 15 a m ~-~~AM;{~/rU- APPROVED ?-/J~./7 C;' ct-/ CFH pjk chj