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HomeMy WebLinkAbout04/16/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO April 16, 1979 The April 16, 1979 Regular City Council Meeting was convened by Mayor Phillips at 7 30 p m Council Members present Mary Jo Cavarra, Joseph M Donaldson, Anthony N Flasco, Gary L Lewman, and Ray C Pepe (Louise F Turner arrived at 7 42 pm) Also present City Clerk Carol F Hampf, City Treasurer James o Malone, City Administrator John A Jerman, City Attorney Edmund G Lambert, Department Heads Douglas Hilyard, Clyde Hobbs, Chief Ed Pinson, and Charles Stromberg, staff, and interested citizens Approval of Minutes MOTION by Mr Donaldson "I move that the Minutes of the meeting of Apri 1 9, 1979 be approved as pri nted", seconded by Mrs Cavarra, carried 5-0 Proclamations of the Mayor The Mayor read the Proclamation of Respect for Law Week, May 1-7, 1979, Proclamation accepted by Carl Cerveny of the Optimists' Club Mayor read the Proclamation of Arbor Day April 20, 1979, and announced that a 7-foot Spruce tree will be planted in front of the Municipal Building at 10 00 a m on Arbor Day Public Comment Robert D Smith, 2905 Xenon St , Bruce McMillan, 2895 Xenon St , and Michael E Bell, 2925 Xenon St , all spoke regarding the Youngfield Plaza Development and voiced their concerns about the dirt being piled up against their fences to a 16-foot height, and concern about the drainage, the erosion, cars, and blockage of sunlight and TV reception Mr Stromberg was asked to halt issuance of the building permit until this could be looked into further Mrs Robert Causbie, 3290 Field St , asked for 90-day extension of the time required to remove a fence as indicated in a letter from the Department of Public Works since she is attempting to have the street vacated City Attorney ruled that Council has no authority to take such action Item 1 Report of Fortner-Hauber, CPA (outside Auditor) concerning the Financial Audit Report for fiscal year 1978 (Charles Hauber, CPA) City Treasurer Malone introduced Charles Hauber (Fortner-Hauber) who gave the auditor's report for 1978, and indicated that the City's financial condition is excellent Public Hearings and Ordinances on Second Reading Item 2 Ordinance No 320 providing for the approval of rezoning from A-I and A-2 to Industrial and an Outline Development Plan for land located at approximately the northwest corner of I-70 and Tabor St , City of Wheat Ridge, County of Jefferson, State of Colorado, upon application of W E Allen and Bob Vermillion, Brown Energy Development, Case No WZ-78-118 Charles Gathers, Planner for Brown Energy Development, introduced Frank Brown, Bob Vermillion, and Howard Browning He responded to the questions asked by Council at the previous hearing re view line, intensity of development, water, and presented a traffic analysis There was no one present in opposition Mr Donaldson MOVED THAT The application of W E Allen and Bob Vermillion, Brown Energy Development, Case No WZ-78-118, for rezoning from A-I and A-2 to Industrial and an Outline Development and Ordinance No 320 be approved for the following reasons 1 The Development complies with the Comprehensive Plan 2 It is recommended by the Planning Commission 3 It is recommended by the staff 4 It does not adversely impact the neighborhood 5 It is an asset to the City I further move that a limit of three years be set on the Develop- ment, and after that time, the City Council can initiate a rezoning to the original zoning classification Seconded by Mrs Cavarra, carried 5-1, with Mrs Turner voting NO, stating she is against the development as being too intense and the heavy traffic volume CITY COUNCIL MINUTES April 16, 1979 Page -2~ Item 3 Rehearing for reconsideration of Preliminary Development Plan No 1 (restaurant) for property located at approximately 13001 W 32nd Ave This rehearing shall only address that portion of the Preliminary Development Plan involving the drive-up facility of the proposed restaurant Request of Dwaine Richter, Case No WZ-78-14 Mr Stromberg submitted the case file, the Zoning Ordinance and Subdivision Regulations, City Council Packet into evidence Dwaine Richter, 2860 Berry Lane, reviewed his letter of March 10, 1979, giving reasons why the drive-up window is needed, and asked for reconsideration and approval of the plan as it had been approved by the Planning Commission Council were concerned about the pollution of idling motors Robert Sonheim, attorney representing interested property owners adjacent to the proposed development, spoke in opposition Michael Mabee, 3278 Zinnia Ct , Joseph O'Neil, 3238 Zinnia Ct , spoke in opposition MOTIONbyMr Lewman "I move that this City Council find the drive-through facility for a restaurant is not the same as a drive-in restaurant spoken to in the C-l classification, and I further move that the City Council decision of January 22, 1979, be reaffirmed", seconded by Mr Flasco, failed by a tie vote of 3-3, with Councilmembers Turner, Pepe, Donaldson voting NO MOTION by Mrs Turner "I move that the----crrlve-up window be allowed as it was approved in the Outline Development Plan, but at such time as new drive-up windows are precluded or existing drive-up windows are directed to be phased out by any of the following City ordinances, State statute, or COG air quality recommendation, that, at that time, that drive-up window would be converted into a Park and Wal k-up Wi ndow", seconded by Mr Pepe, failed 3-3, with Councilmembers Cavarra, Flasco, and Lewman voting NO Request for Executive MOTION by Mr Flasco on the Boards and carri ed 6-0 Session that an Executive Commissions item, Session be held before action seconded by Mrs Cavarra, Item 4 Application by Edmund Schaefer for approval of a Minor Subdivision (4 lots) for property located at approximately 3460-90 Parfet St (MS-78-8) Mr Stromberg introduced the Zoning Ordinance & Subdivision Regulations, City Council packet, case file and staff report He reported that the subdivision does not meet the requirements of the Subdivision Regulations since the R-1A rezoning had been denied on April 9th, and suggested the alternative of re- ferring the case back to the Planning Commission to come back as a PRD Albert E Anderson, representing Ed Schaefer, presented the options of the proposed PRD with a waiver on the I-year required wait to come back with a rezoning request, the fees already paid to apply on further fees, and the dumping situation be taken care of with the PRD contours Mrs Cavarra moved that we allow the applicant to amend the subdivision plan, resub- mit it to Planning Commission as a PRD, to come back to the City Council along with the item number 5, which is consideration of adherence to terms of a dumping permit issued to Edmund Schaefer, seconded by Mr Pepe, carried 6-0 Item 5 Consideration of adherence to terms of Dumping Schaefer on property located at 3490 Parfet St heard See Motion adopted under Item 4 Permit issued to Edmund (Case No DP-78-02) was not Item 6 Ordinance No 318 repealing Section 20-1 through Section 20-16, inclusive, of Chapter 20, Article I, of the Code of Laws, pertaining to Excavation of Streets and Reenacting new Provisions, was deferred for one week Resolution Item 11 A Resolution authorizing negotiations for the acquisition of a portion of the Rancho del Sol Ltd property located at W 32nd Ave & Union St in Wheat Ridge, for Parks and Open Space purposes under the Jefferson County Open Space Program Mr Stromberg presented the background and the new proposal received this week Ed Snider, Vice-President and Development Engineer for Rancho del Sol, referred to a letter of 4/13/79 from Richard Cassens of Rea, Cassens & Associates, consulting engineers, re flood control Pete Thompson, President of Rancho del Sol, had met with some citizens and is in agreement that they would not be building in the Flood Plain or moving dirt around there Dana L Bowling, CITY COUNCIL MINUTES April 16, 1979 Page -3- {v L)., ^,,'0 , r ,clc- ,\,". ,v. '- LL 't) {\ )' 1 (t, 12121 W 32nd Dr , presented petitions with 146 signatures, and a substitute Resolution calling for purchase of 8 75 acres, (the Flood Plain) the remainder to be developed R-1 Judy Averill, 12080 W 32nd Dr , Marie Osse, 12081 W 32nd Dr, Roy Hoffman, 12061 W 32nd Dr , and Frank Visher, 3351 Vivian Ct , spoke in favor of the Resolution presented by Mr Bowling Mrs J D Hillenberg, 3391 Vivian Dr , Louise Milich, 12005 W 35th Ave, and Dale Milich, of same address, spoke in favor of the 14 6-acre Open Space previously discussed The substitue Resolution was introduced by Mr Flasco, numbered and title read by the Clerk MOTION by Mr Flasco "I move for the adoption of this Resolution", seconded by Mr Donaldson MOTION TO AMEND by Mrs Cavarra "I move to amend that City of Wheat Ridge also retain in the fourth Whereas, 'it will be necessary to negotiate a fair and equitable price with the Rancho del Sol Ltd , based on quali- fied appraisals for that portion offered to the City and also incorporated that the City Council through its executive director be also authorized to negotiate for the purchase of up to 14 6 acres' ", seconded by Mrs Turner, failed 3-3, with Councilmembers Flasco, Donaldson, and Pepe voting NO Original motion adopting Resolution carried 5-1, with Mrs Turner voting NO Decisions, Resolutions, and Motions Item 7 Proposed revision of Municipal Building offices to provide additional space for City Treasurer and provide offices for City Clerk deferred for one week Item 8 Budget Transfer Resolution Implementing Salary Ordinance No 305 (5% Cost of Living increase previously approved December 18, 1978) Resolution introduced by Mr Flasco, numbered and title read by Clerk MOTION by Mr Flasco "I move for the adoption of this Resolution", seconded by Mr Donaldson, carried 6-0 Item 9 Inter-Fund Budget Transfer Resolution Increasing Funding for Street Resurfacing (Council Member Flasco) Resolution introduced by Mr Flasco, numbered and title read by Clerk MOTION byMr Flasco "I move for the adoption of this Resolution", seconded by Mr Pepe, carried 4-2, with Councilmembers Cavarra and Lewm~ voting NO Mrs Cavarra stating that she did not consider salaries a dead issue Item 10 Budget Transfer Resolution to authorize two custodial positions for municipal building and abolishing contractual janitorial services deferred for one week Item 11 B C & D MOTION by Mrs Cavarra "I move to (i tem 11 B ) APPROVE the Change of Manager for Village Inn, 4700 Kipling St , Gerald Cohen, contingent on receipt of appropriate CBI/FBI clearances, move to (item 11 C ) purchase an Acme Visible Strato- matic Model 10053-1853 3x5 Card Power File from Acme Visible Records, Inc , at a price of $5,675 88, to be charged to Account No 19-204-809, and we approve (item D ) Master Package Policy for the eriod March 20, 1979 throu h March 20, 1980, from Home Insurance Company at the annual premium rate of 49,103, to be charged to Account Numbers 01-610-781 and 01-610-782", seconded by Mr Donaldson, carried 5-0 (Mr Pepe was out of the room) Item 12 Report of Director of Public Works re Drainage problem on W 46th Ave --7800 block--vicinity of Briarwood Apartments (Clyde Hobbs, Dir , Public Works) Mr Jerman and Mr Hobbs reported that the drainage problem in the vicinity of the Briarwood Apartments needs to be referred to Meurer, Serafini & Meurer who are developing a Master Drainage Plan City Attorney's Matters Item 14 Approval of City Attorney billing for additional services in month of March 1979 (Distributed to Council and Mayor) MOTION by Mrs Cavarra that we approve under 14 the Ci ty Attorney's billing for additional services for the month of March, seconded by Mr Lewman, carried 6-0 CITY COUNCIL MINUTES April 16, 1979 Page -4- Decisions, Resolutions, and Motions Item 13 Consideration of interviewing applicants for City Attorney contractual position or extension of current agreement with Lambert & Owens (deferred from April 9, 1979, material distributed for that meeting) MOTION by Mrs Cavarra that we extend the current agreement for an additional 30 days, seconded by Mr Lewman, failed 3-3, with Councilmembers Donaldson, Flasco and Pepe voting NO MOTION by Mr Flasco II I move that we continue the present agreement with the City Attorney for a one-week period, and during this next week that we interview those people on the bid list for City Attorney who have complied with all of the requests", seconded by Mr Donaldson, tied 3-3, with Councilmembers Cavarra, Lewman, and Turner voting NO MOTION by Mrs Turner "I move we ex- tend the contract with Lambert & Owens through the rest of 1979", seconded by Mrs Cavarra, tied 3-3, with Councilmembers Donaldson, Flasco, and Pepe voting NO MOTION by Mrs Turner "I move that the contract with Lambert & Owens be extended for two weeks", seconded by Mrs Cavarra, tied 3-3, with Councilmembers Flasco, Donaldson, and Pepe voting NO Executive Session was called Council Members' Matters Item 15 Request to amend Resolution No 636 in that the Committee shall present a report on or before May 15, 1979 was deferred for one week Mayor's Matters Mayor reported he had gone to the RTD breakfast, and they are planning a bus center south of Colfax Avenue and may be pursuing one in Wheat Ridge Council Commissions' and Committees' Matters Item 16 Appointments to Planning Commission, Board of Adjustment, to replace resignations, expiring terms, and additional memberships created by Ordinance No 309 (Deferred from April 9, 1979 ) MOTION by Mr Flasco "I would like to appoint John V. Martin to a two-year alternate term on the Planning Commission This is the new ei ghth member", seconded by Mr Pepe, carried 6-0 MOTION by Mrs Turner "I would like to move to appoint Nancy Snow to fill the vacancy from the District II for a three-year regular term created by spl i tti ng the Di stri ct", seconded by Mrs Cavarra, carried 6-0 MOTION by Mr Flasco "I move for the appoi ntment of Ray Wi nger to the Board of Adjustment from District II caused by expansion from a 7-man Board to an 8-man Board for a one-year alternate", seconded by Mr Pepe, carried 6-0 MOTION by Mr Lewman "I move to appoi nt Ivan Hawn to a three-year alternate to replace Mr Reischman whose term has expi red", seconded by Mr Flasco, carried 6-0 Regarding Lee Stewart who has three absences from Planning Commission meetings, City Attorney recommended that procedures be set up to determine absences, and that Commissioners notify City Council of the reason for their absences within a certain number of days after the absence Mr Stewart to be notified by letter that he will be terminated for the reason of three unexplained absences, and allow him time to respond MEETING ADJOURNED at 1 05 a m APPROVED 7/';'3) )</ eyJ ,