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HomeMy WebLinkAbout04/09/1979 ...... - CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO April 9, 1979 The April 9, 1979 Regular City Council Meeting was convened by Mayor Phillips dt l:~~ ~I~I (~~~~11 ~~~~~r~ ~r~~~~t ~~rJ ~~ [~~~rr~! ~~~6~~ ~l ~~~~l~J~~1 ~nt~Ony ~I ~lQ~col ~~ry ~, ~~w~~n Ana ~AY [~A~A (l~ui~~ r iu~n~r arriveD at 7 40 pm) Also present City Clerk Carol F Hampf, C1ty Adm1n1s~rator John A Jerman, City Attorney Edmund G Lambert, Department Heads Rlchard H ~r~at, ~OUglO! ~ilYOra, ~lyae ~ODD5! Gn;~f tcr r;n~~n! ~narlQ~ ~trom~~r~) ~taff) and intQrQstQd cltlzQns Approval of Minutes MOTION by Mr Donaldson the meeting of March carried 5-0 "I move for the approval of the Minutes of 26, 1979 as pri nted", seconded by Mrs Cavarra, Public Comment Mary Anna Hart, 9860 W 37th Ave, requested City Council give consideration to an alternate zoning plan for R-1 similar to Lakewood's Her concern is her area has R-1 zoning which does allow horses, and covenants that do not allow horses However, people who are purchasing houses are not being made aware of the covenants, and horses are being moved in Proclamation Mayor Phillips read the Proclamation declaring April 22-28, 1979 as Bicycle Safety Week Public Hearings and Ordinances on Second Reading Item 1 Consideration of adoption of Section 1 - Established Character of the Comprehensive Plan Mr Stromberg gave the background history of the Committee and report Mrs Slattery, Chairman of the Committee, spoke regarding the Committee's wor~ made recommendation that two headings be added to the report She read the report in its entirety and introduced the other Committee members Jim Rogers, Phyllis Rice, Althea Dannemann, George Jensen, Catherine Schultz, and Barbara Davis Ruth Richardson spoke asking for a definition of "rural housing" It was determined to indicate "farm housing" and decided the report should read "suburban housing" Dougal Graham, 3330 Chase St , Ben Chastain, 3250 Marshall; Phyllis Lancaster, 4076 Everett St : Harry Nylund, 10095 W 34th Ave; Janice Thompson, 12290 W 42nd Ave; George Jensen; Christine Park, 3250 Flower St ; Donald Coates, 9835 W 35th Ave; and Peter Rex, 3388 Swadley, all spoke in favor of including the report in the Comprehensive Plan Mr Flasco MOTION THAT The City Identity Committee Report be accepted, and that it be incorporated into and made a part of the Comprehensive Plan of the City of Wheat Ridge, that it be Section I entitled "Estab- 1 i shed Character", that this be done for the following reasons 1 The Identity Committee was established by Resolution 477 expressly for the purpose of writing this section for the Comprehensive Plan 2 Section I of the Comprehensive Plan was left open and reserved for that purpose 3 Ordinance No 309 states that the Comprehensive Plan shall include a section on established character 4 The report of the Identity Committee has been completed, has been reviewed by the Planning Commission, and has been submitted to the City Council for their action at this time, and that it be accepted with the following amendements 1) the word "rural" on page 2 be stricken, and the word "suburban" substituted, and 2) the headings "Desired Character" and "Implementation" be added to pages 3 and 4, respectively Motion seconded by Mr Pepe. carried 6-0 Item 2 Ordinance No 325 providing for the rezoning of land located at approximately 3460-90 Parfet St , City of Wheat Ridge, County of Jefferson, State of Colorado Application of Edmund Schaefer, WZ-78-111 Ordinance No 325 was introduced on second reading by Mr Lewman, title read by the Clerk Mr Stromberg read the summary sheet and entered into evidence the Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, City Council packet for this case, slides and overhead projections Don Davis, Consulting Engineer for the applicant, 5750 W 60th Ave, Arvada, explained the drainage study Edmund Schaefer, 12600 W 32nd Ave, Wheat Ridge, applicant, presented his case No one was present in opposition or in favor MOTION by Mr Lewman CITY COUNCIL MINUTES April 9, 1979 Page -2- "I move that Ordinance No 325 BE DENIED on second reading for the following reasons 1 This rezoning constitutes spot zoning 2 The existing zoning also complies with the Comprehensive Plan 3 Denial of the rezoning does not deprive applicant of the use of his property 4 Present zoning is compatible with surrounding existing zoning 5 Present zoning is compatible with existing adjacent development" Motion seconded by Mrs Cavarra Councilmembers Flasco and Donaldson indicated they were in favor of the motion for the reasons given in the motion Mrs Turner indicated she was in favor of the motion for these additional findings The development under present zoning which would not allow the addition of one house would also not require further reduction of a water storage area and a natural drainage way in a rather critical area In conjunction with the intent to build the additional house, additional fill has been proposed for the water storage area At the present time, according to testimony given, water now detained during storms and drained more slowly under Parfet, to the existing pipe into Lena Gulch The staff report indicates that the flow in 100-year storm near Parfet Street would be increased from a width of 20 feet to a width of 50 feet, and though the staff and the engineer feels that this is not a large increase, the cumulative effect of small increases has resulted in significant drainage problems and damage to residents further down stream in Lena Gulch and Wheat Ridge area The request for a change of zoning appears to be based solely for economic benefits to the developer and, in my opinion, the City of Wheat Ridge would be remiss to allow Rezoning strictly for economic benefit to a developer when the effect may be, and evidence indicates could be, to the detriment of others because of increased flow into Lena Gulch Motion carried 6-0 Mrs Turner requested a further resolution: whereas a Dumping Permit DP 78-02 was granted by the Council on November 1, 1978 to Edmund Schaefer for property east of Parfet Street at approximately 34th Avenue, and whereas that permission stipulated that fill was to be placed no closer than 50 feet to the water holding or carrying area, and whereas, Mr Schaefer was present at the hearing when it was clearly stated at the hearing and the area of water holding defined as being that area which supports cattail growth Prior to the issuance of the Permit, Mr Schaefer had been reques~ed.by the staff to remove fill dirt which had at that time already been dumped W1th1n 50 feet of this water ponding or holding area, and in September of 1978 was ordered to remove that filling material It has again been placed in that area that is within the 50 feet of the cattail area which was used as the term of reference for water holding MOTION by Mrs Cavarra "I move that Mrs Turner's proposed resolution be set for hearing next Monday night, April 16, and that staff bring in a report as to the extent of the violation", seconded by Mr Flasco, carried 6-0 Ordinances on First Reading Item 3 Ordinance amending Section 4-1 of the Code of the City of Wheat Ridge, Colorado (Animals and Fowl Definitions) Ordinance introduced by Mr Donaldson, numbered 326, and title read by the Clerk MOTION by Mr Donaldson "I move for the adoption of Ordinance No 326 on first reading and ordered published and posted, that a Public Hearing be set for Monday, April 23, 1979, 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 one day after final publication", seconded by Mr Lewman, carried 6-0 Item 4 Ordinance repealing Ordinances Nos 91,92,99,256, and 257, and Establishing the Salaries of the Mayor, City Council, City Treasurer, and City Clerk of the City of Wheat Ridge, Colorado, for the period beginning November 12, 1979 and ending November 9, 1981 Ordinance introduced by Mr Lewman, numbered 327 and title read by the Clerk MOTION by Mr Lewman "I move for the adoption of Ordinance No 327 on first reading and ordered published, that a Public Hearing be set for Monday, April 23, 1979, at 7 30 pm, in City Council Chambers at 7500 W 29th Ave, in the Municipal Building, Wheat Ridge, Colorado, and that the Ordinance if approved on second reading, take effect November 12,1979", seconded by Mrs Cavarra Motion failed by vote of 3-3, with Councilmembers Flasco and Donaldson indi- cating they were against it as not necessary at this time in view of the Council action taken with other City employees, Mrs Turner stating that she was against it Mr Pepe stated he was in favor Mr Lewman stated he was in favor that this represents only a 5% increase, considering raises have not been given for the two years back and would cover the two years forward Mrs Cavarra stated she was in favor but it was not worth arguing over $50 for Council and Mayor, she felt, however, Treasurer and Clerk should receive an increase for the following term CITY COUNCIL MINUTES April 9, 1979 Page -3- Decisions, Resolutions, and Motions Item 5 Consideration of proposal by Sol Associates for sale of property at W 32nd Avenue and Union St to the City for Parks and Open Space purposes Mr Jerman reviewed the letters received from Ehrlich & Futro regarding their development and proposal for sale of a portion of the property to Wheat Ridge He also called attention to a letter from the City of Lakewood indicating they are not interested in the property unless all 23 acres are developed into a park Peter Futro of Ehrlich & Futro, discussed two plans they had brought in Plan (A) showing 11 4 acres for parks and open space, and a second Plan (B) for a linear park at the Lena Gulch area if the City is unable to purchase a larger amount Ed Snider, Executive Vice President of Sol & Associates, spoke relative to the immediate development of this portion of Lena Gulch MOTION by Mrs Cavarra "That we direct the staff to bring back, place on next Monday's agenda, a Resolution That we direct the Open Space Committee to negotiate with the applicant, Sol Associ- ates, Inc , for the purchase of a parcel of land between 11 6 acres offered by the applicant and 14 6 acres that the City wishes to purchase, and negotiate the purchase price considering our recent appraisal and the applicant's appraisal", seconded by Mr Lewman It was asked if we had a willing seller, and Mr Futro replied they are willing seller up to the 11 6 acres only Mr Jerman reviewed his memo regarding amount of Open Space funds available, acquisitions in process, and commitments Ray Printz, Open Space Director, told Council we have enough money to purchase 32nd & Union if so desired, and the $400,000 commitment to Crown Hill was asked because of a current cash balance insufficiency at this time if Crown Hill is purchased Mr Printz also stated this longer term proposed purchase of Crown Hill does not create a debt to Wheat Ridge because the County makes the contract Motion carried 4-2, with Councilmembers Flasco and Donaldson voting NO Mr Donaldson stated that he does not wish to buy property unless we know what it will be used for, if it is only open space with no activity, he is not in favor of the purchase Request for Executive Session MOTION by Mr Flasco that we have an executive session before we adjourn, seconded by Mrs Turner, carried 5-1, with Mrs Cavarra voting NO because it will be too late Item 6 Motion on Wadsworth Town Center re circulation options and Phase II Fund i ng Mr Stromberg reviewed the advantages and disadvantages of Option 1 D and 4 D Lois Hayna, 4045 Upham St , who lives at the northern edge of the south residential area, spoke that she does not like the possibility of a street behind Handy Dan, etc , building MOTION by Mr Lewman "I move that Option 1 D be established as the option for circulation within the HUB area of the Wadsworth Town Center This will be used in the development of an amendment to the Comprehensive Plan in Phase II of the project The $1500 00 amount allocated for Phase II is hereby released" Seconded by Mrs Cavarra, failed by vote of 3-3, with Councilmembers Flasco, Turner, and Pepe voting NO Mr Flasco and Mrs Turner indicated that this does not solve any problems but creates more MOTION by Mr Flasco "I move that Option 4 D be adopted for the circulation within the Wadsworth Activity Center, and that it be restricted to that area just connecting the north to the southern portion", seconded by Mr Pepe, carried 4-2, with Councilmembers Cavarra and Lewman voting NO Item 7 Resolution authorizing eminent domain proceedings for the acquisition of the Crown Hill property Resolution introduced by Mr Lewman, numbered 637 and title read by the Clerk MOTION by Mr Lewman "I move for the adoption of Resolution No 637", seconded by Mr Pepe, carried 6-0 Item 8 Approval of change of corporate officers for D B &M , Inc , from Seewald, Seewald, and Hartman to Brown, Wilson, and Scott MOTION by Mr Lewman "I move to approve the change of corporate officers to Clifford H Brown, President, Kenneth R Wilson, Vice-President, and Larry D Scott, Secretary-Treasurer, for D Band M , Inc , Class T - Tavern Liquor License, 10051 West 1-70 Service Road, Wheat Ridge, Colorado, contingent upon receipt of appropriate CBI/FBI clearance, and further approve the change of trade name from 'Bi g Daddys I to 'Boomer's''', seconded by Mr Donaldson, carried 6-0 --- CITY COUNCIL MINUTES April 9, 1979 Page -4- BLANKET MOTION MOTION by Mr Lewman to approve (Item 9)Award of Bid for street maintenance materials ( annual contracts to Asphalt Paving Company, Brannan Sand & Gravel, Mobile Premix, Asphalt Supply & Service Inc , Account No 01-303-660), (Item 11) to correct Account number re purchase of 1979 Dodge truck as set out in motion adopted March 19, 1979 (correct account number 19-604-800-808), (Item 13) Budget Transfer Resolution for 35mm microfilm viewer-inserter in the Community Development Depart- ment (introduced by Mrs Cavarra, numbered 638, title read), (Item 14) Resolution relating to advance public information on air pollution alerts by the television, radio, and news media in the Denver- Metropol i tan Area ( introduced by Mrs Turner, numbered 639, title read), and (Item 16) designating April 30, 1979, fifth Monday in the month as the May Study Session and cancelling the May 28, 1979 Council meeting, City holiday Motion seconded by Mrs Cavarra, carried 6-0 Item 10 Approval of final payment to Scott-Rice for Municipal Building furnishings MOTION by Mrs Cavarra "I move to approve final payment to Scott Rice for Municipal Building furnishings to be charged to account no 31- 5 04 - 811", seconded by Mr Pepe, carri ed 5-1, wi th Mrs Turner voti ng NO Item 12 Award of bid for drainage improvements on W 35th Ave from Harlan Street to Gray Street MOTION by Mr Donaldson "I move to award the bid for drainage im- provements at 35th and Harlan Street to Technology Constructors at a cost of $10,980 80 to be charged to account no 31-302-800-833", seconded by Mr Lewman, carried 4-2, with Mr Flasco and Mrs Turner voting NO Item 15 Consideration of interviewing applicants for City Attorney contractual position or extension of current agreement with Lambert & Owens Mr Lewman moved to defer action on Item 15 one week and extend the contract with Lambert & Owens (through April 16, 1979), with discussion of terms to be deferred until next week, seconded by Mrs Cavarra, carried 6-0 Council Commissions' and Committees' Matters Item 17 Appointments to Planning Commission and Board of Adjustment to replace resignations, expired terms, and additional memberships created by Ordinance No 309 Mr Lewman moved to postpone Item 17 for one week, seconded by Mr Pepe, carried 6-0 EXECUTIVE SESSION re litigation was held Meeting adjourned at 12 50 a m APPROVED i / Ie, / 7'7 ell-