HomeMy WebLinkAbout04/09/1979
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CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
April 9, 1979
The April 9, 1979 Regular City Council Meeting was convened by Mayor Phillips
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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
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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
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