Loading...
HomeMy WebLinkAbout05/07/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO May 7, 1979 The May 7, 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, Louise F Turner and Ray C Pepe Also present City Clerk Carol F Hampf, City Treasurer James Malone, City Administrator John A Jerman, City Attorney Edmund G Lambert, Department Heads Douglas Hilyard, Clyde Hobbs, Chief Ed Pinson, Charles Stromberg, staff, and interested citizens Approval of Minutes Mrs Turner requested that her comments regarding the West 32nd bike/pathway be included in the April 30 Minutes "I'm going to vote for this because we badly need a place for people to walk on 32nd Avenue, however, as you know, I am very much opposed to using public money for this specific type of construction Had we been able to utilize the pathway concept, we could have provided a safe, offstreet pathway the full length of the city, from Youngfield to Sheridan for the same amount of money as it is going to take to do from Miller to Parfet out of the type of construction which is what the Highway Department insists upon" MOTION by Mrs Turner "I move that wi th that addi ti on the Mi nutes of the Apri 1 23rd and 30th meetings be approved II , seconded by Mr Pepe, carried 5-0 Proclamation of Mayor declaring MUNICIPAL CLERKS WEEK, May 13-19, 1979 Pub 1 i c Comment R F Horrell, 7130 W 32nd Place, spoke, and presented a resolution asking that bicycles have the right of way on all streets in Wheat Ridge except main thorough- fares Public Hearings and Ordinances on Second Reading It was requested that the Agenda Items #1 and #2 be reversed Item 2 Case No WZ-78-8 Application by Pauline Dambach and James A Miller for approval of a Final Development Plan and Plat for property located at approximately 5130 and 5190 Parfet Street Mr Stromberg gave the planning staff report Jim Miller, applicant, 14 Inverness Drive, Englewood, Colorado, and John Hayes, attorney for Pauline Dambach, pre- sented the applicants case which was 1 The same plan as the preliminary except for the recommended changes 2 That easements would be given by Miller to Dambach for development purposes 3 The house on the property would not be disturbed until a later time 4 Agreement had been reached with the Arvada Fire Department 5 A 3/4 inch water tap is available for the first phase of development Martha Cesary, 5190 Parfet Street, spoke in opposition, stating that 1 The property overlooks Denver and would be good for residential uses, 2 the development constituted urban sprawl, 3 the buildings are insensitive to energy requirements and to the residents MOTION by Mr Pepe "I move that the Case No WZ-78-8, a request for approval of a final development plan and plat for the Parfet In- dustrial, located at approximately 5130 and 5190 Parfet Street, be approved for the following reasons 1 All requirements for publishing, posting and notification have been met, 2 The planning commission at its April 5, 1979 meeting re- commended approval of the Final Development Plan and Plat with the following stipulations to be carried out a that a statement guaranteeing joint use of all access to all five lots be placed on the Final Development Plan Plat, CITY COUNCIL MINUTES May 7, 1979 Page -2- b that a 3-year substantial development period be placed on the Final Development Plan and Plat, and all of the requirements of the zoning ordinances and subdivision regulations have been met", Motion failed 2-3, with Mrs Cavarra, Mr Flasco and Mrs Turner voting NO Mrs Cavarra stated she was voting no, because she feels it is too high intensity for such location and that warehouses would create high truck traffic for local streets Mrs Turner stated, she was voting against, because the property is bounded by industrial on the east and extends industrial use without regard to other adjacent uses, is too intense for the location, does not provide for buffering which would be adequate to screen that intense a use and new develop- ment should be compatible with existing neighborhoods Item 1 Case No MS-78-1 Application by D & E Investment Co , Pauline Dambach, and James Miller for approval of a Preliminary and Final Plat for property located approximately at 5130 and 5190 Parfet Street Mr Miller and Mr Hayes requested withdrawal of the item MOTION by Mrs Cavarra "I move that the Council allow the applicant to withdraw the minor subdivision approval at this time and resubmit it at their convenience", seconded by Mrs Turner, carried 5-0 Item 3 Case No WZ-78-19 Application by Homer Hill and Lee Kinnie for approval of a Final Development Plan and Plat for property located approximately at W 32nd Avenue and Zephyr Court Mr Gidley of Community Development Planning Staff gave the Planning Division Staff Report Mr Gerald Boatright, attorney, 4315 Wadsworth, Wheat Ridge, stated, that since the preliminary plan approval, they have worked on developing the regulations and declarations There was no one in opposition MOTION by Mr Donaldson "I move that Case No WZ-78-19, a request for approval of a Final Development Plan and Plat for land located approximately at 7995 W 32nd Avenue, known as Hacienda Loma Vista, a Planned Re- sidential Development, be approved for the following reasons 1 Requirements for publishing, posting and notification have been met, 2 Planning Commission at their meeting of April 5, 1979 re- commended approval of the Final Development Plat and Plan, 3 Neighborhood residents expressed approval during the initial hearing, 4 Staff recommends approval, Declaration concerning maintenance and assessment for the common green area and private drive be included in each indi- vidual plat", seconded by Mrs Turner, carried 5-0 Item 4 Case No SUP-79-3 Application by Wheat Ridge Fire Protection District, 3880 Upham Street for approval of special use permit to build a fire station in a Residential-Three (R-3) zone at 10901 W 38th Avenue (Wheat Ridge Code of Laws, Appendix A, Section B 1 a) Albert E Anderson, attorney representing the Wheat Ridge Fire Protection District and Jack Willis, Fire Chief of the Wheat Ridge Fire Protection District, spoke for the applicants The house currently on the property will be used by care- takers and as such constitutes an accessory building Landscaping plans include retaining as many of the trees as possible AMENDED MOTION "I move that Case SUP-79-3, a request by the Wheat Ridge Fire Protection District for approval of a Special Use Permit to build a fire house in an R-3 Zone on land located at approximately 10901 W 38th Avenue, be approved for the following reasons 1 Requirements for publication, posting and notification have been met, 2 Planning Commission, at its meeting of April 5th, 1979, re- commended approval of the requested Special Use Permit to construct a fire house in an R-3 District with no conditions attached, 3 Since the subject use does lie within the designated 100-year flood plain, a Special Exception Permit to build in the Flood Plain must be approved by the Board of Adjustment prior to issuance of a building permit, and with the understanding that the fire district present a development plan to the city council for review of a Public Hearing at whatever planning stage (early) the district deems to be appropriate, but in every case before the Building Permit is issued" CITY COUNCIL MINUTES May 7, 1979 Page -3- Original Motion by Mr Donaldson, seconded by Mr Pepe, amendment by Mrs Cavarra, seconded by Mrs Turner, amendment carried 4-1, Mr Flasco abstaining Motion as amended carried 4-1 with Mr Flasco abstaining since he is on the Fire District Board of Directors Item 5 Ordinance No 329 An Ordinance adding an additional job classification (Senior Police Dispatcher) and amending Ordinance 305, Series of 1978, Section I, Merit and Civil Service Classification Ordinance was introduced on second reading by Mr Flasco, title read by the clerk MOTION by Mr Flasco "I move that Ordinance No 329 be adopted on second reading and ordered published", seconded by Mr Donaldson, carried 5-0 Ordinance on First Reading Item 6 An Ordinance providing for the approval of rezoning from Residential- Three (R-3) to Commercial-One (C-1) for land located at 3829 Sheridan, City of Wheat Ridge, County of Jefferson, State of Colorado Ordinance was introduced by Mr Pepe, numbered 330 and title read by the clerk MOTION by Mr Pepe "I move that Ordi nance No 330 be adopted on first reading and ordered published, that a Public Hearing be set for Monday, June 11, 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 15 days after final publication", Mr Flasco seconded, carried 5-0 Decisions, Resolutions and Motions ~1r Lewman who was out of town left sealed votes on the remaining agenda items following his study of the Agenda packet Item 7 Concept approval of proposed agreement between City and Urban Drainage and Flood Control District for Clear Creek Major Drainage Way Study and approval of Wheat Ridge's share of cost (Ben Urbonas, P E , Urban Drainage District) Ben Urbonas from Urban Drainage District stated that they are requesting approval in principal of the project so that negotiations may be continued with others downstream They will also be talking with Arvada and Adams county Motion by Mrs Turner II I move that Wheat Ridge approve the concept of a multi- jurisdictional study together with Urban Drainage for the lower Cl ear Creek Maj or Dra i nageway", seconded by Mr Donaldson, carried 5-1 with Mr Pepe voting NO since Jefferson County and Golden are not participating He believes this will effect Wheat Ridge problems Item 8 Proposed revision of Municipal Building, Treasurer's and City Clerk's offices (James Malone) MOTION by Mr Donaldson "I move that the proposed revi sion of the Municipal Building Treasurer's and City Clerk's offices as sub- mitted by Mr Malone be approved and charged to Account #31-307- 800-811", seconded by Mr Flasco, carried 5-1, with Mr Lewman voting NO Item 9 Approval of Agreement between the City and Urban Drainage and Flood Control District regarding acquisition of property for flood control improvements on Lena Gulch Mr Jerman reported that~with Urban Drainage approval) he had included on page 3 the change regarding 50-50 sharing of the cost of appraisals, legal fees and administrative costs Mrs Turner requested that the following policy statement be included in the agreement As a matter of policy with regard to properties in general, whenever possible the District and City will pursue the purchase and/or acquisition of easements, open space easements, scenic or drainage easements, and/or development rights, leaving the property in private ownership as opposed to direct purchase of the property when by so doing the purpose is served and avail ab le money can be made to go further" MOTION by Mrs Turner "I move that thi s statement be i ncl uded as a portion of the document", seconded by Mrs Cavarra, carried 5-0 MOTION by Mrs Turner "I move that Counci 1 approve thi s agreement wi th the Urban Drainage District, Account No 31-302-800-833", seconded by Mr Pepe, carried 6-0 CITY COUNCIL MINUTES May 7, 1979 Page -4- Item 10 Motion to reset Public Hearing date on Ordinance No 328, Case No WZ-78-116, Bobby L Billen, originally scheduled for May 14, 1979 to May 21, 1979 MOTION by Mrs Cavarra "I move that Ordinance No 328, a request for a change of zone from RC to C-l in Case NO WZ-78-116 be heard for second reading on May 21, 1979 as there was improper posting of the site for the May 14, 1979 meeting", seconded by Mr Pepe, carried 6-0 Item 11 Blanket Motion A Award of bid for FMC Bean Model 6540 high velocity sewer cleaning unit to Williams Equipment MOTION by Mrs Cavarra "I move to approve the purchase of an FMC Bean Model 6540 high velocity sewer cleaning unit from Williams Equipment at a cost of $18,642 to be charged to Account No 19- 303-800-808", seconded by Mrs Turner, carried 6-0 B Approval of final payment to Rogers-Nagel-Langhart, in the amount of $1,111 and Code Signs of Denver in the amount of $435 60, for design and supply of signage at Municipal Building MOTION by Mr Donaldson "I move to approve final payment to Rogers- Nagel-Langhart, in the amount of $1,111 and Code Signs of Denver in the amount of $435 60, for the design and supply of signage at Municipal Building, to be charged to account no 31-504-811", seconded by Mrs Cavarra, carried 6-0 C Award of bid for 12 tons of chemical fertilizer, Account No 01-603-660 MOTION by Mrs Cavarra "I move to purchase twelve tons of chemical fertilizer from AMESCO at their bid price of $3,062 40, to be charged to account no 01-603-660", seconded by Mr Donaldson, carried 6-0 D Approval to retain Blaine B Chase, M A I , to appraise seven (7) properties and three (3) construction easements involved in the Lena Gulch Improvement Project (Schedule I) (Clear Creek to a point westerly of Kipling St ) MOTION by Mrs Cavarra "I move to retain Blaine B Chase, M A I , to appraise seven (7) properties and three (3) construction ease- ments involved in the Lena Gulch Improvement Project (Schedule I) (Clear Creek to a point westerly of Kipling St ) and to be charged to account no 31-302-800-833", seconded by Mr Donaldson, carried 6-0 E Ratifying Motion re Purchase of Old Fire House at 32nd and Depew MOTION by Mr Donaldson "I move to ratify the motion of Apri 1 23, 1979 authorizing purchase of the Old Fire House at the price designated by the School Board of approximately $16,008", seconded by Mr Pepe, carried 6-0 F Budget transfer resolution allocating funds for the purchase of the Old Fire House and for replacing Police Department camera equipment Resolution was introduced by Mr Donaldson, numbered 646 and the title read by the Clerk MOTION by Mr Donaldson "I move for the adoption of Reso 1 ut ion 646", seconded by Mrs Cavarra, carried 6-0 Item 12 Request of U S Department of Housing and Development (HUD) for comments concerning a proposal for Section 8/202 Demonstration Pro- gram for the Deinstitutionalization for the Chronically Mentally Ill, Construction of 6 units 4531-41 Everett Court Mr Gidley reported that the Program would be for those people who have and will continue to have mental health problems, but do not require institutional care, there would be two people per unit and it is to be supervised by the Community Corporation, which is a non-profit Jefferson and Adams County outreach type group The project would require rehabilitation of the interior of the building Colleen Cook, Director of the Community Corporation reported that these are people in need of a support system, many of them work in a sheltered work shop or day care program, and transportation is by the Jefferson County Mental Health Shelter Vans or private cars MOTION by Mr Donaldson "I move that the City Council comment favorably on this project", seconded by Mr Pepe, carried 5-1, with Mr Lewman voting NO CITY COUNCIL MINUTES May 7, 1979 Page -5- Item 13 Appointment of City Attorney MOTION by Mrs Cavarra "I move that the firm of Lambert and Owens be reappointed for the remainder of this council term", seconded by Mrs. Turner, carried 4-2, with Mr Flasco and Mr Pepe voting NO Mr Flasco stating that this is not the low bid, that Lambert and Owens did not quote, and that it would be almost malfeasance in office to get proposals and not go with the low bid Mr Donaldson stated that we have accepted other than low bids in the past and that this matter has been going on for quite some time and would continue to go on if he voted as he has been in the past, therefore to get it off dead center and do something, he would vote in favor of the motion Mayor's Matters Mayor Phillips stated that relative to the Columbia Heights School, the Library Board does not have sufficient money at this time to remodel the portion not being used for the library itself and would like to re-lease that portion to the Catholic Academy for another year The $2,000 per month income would aid their budget and would also keep the building occupied to prevent vandalism They were asking Wheat Ridge's opinion of this proposal Council discussion involved the need for more information as to the $amount of the utility bills and the amount of utilization of the building that Wheat Ridge would have Ben Chastain reported to Council that the lease money would go into the Library General Fund MOTION by Mr Donaldson that Wheat Ridge go on record as being opposed to any extension of the contract with the Catholic Academy, seconded by Mr Pepe, carried 5-0 City Attorney Matters Mr Lambert requested a very brief executive session MOTION by Mrs Cavarra that an executive session on litigation matters be held before adjournment, seconded by Mr Donaldson, carried 5-0 Council Member's Matters Item 14 Motion to amend Rule No 66 (Public Hearings) of Council Rules and Procedures to add that the hearing may be continued for decision at the following regular session MOTION by Mr Pepe "I move to add to Rule 66 of the City Council Rules of Order and Procedure (following the last paragraph) this wording 'It is understood, that City Council may request that the hearing be completed and the issue be taken under advisement and the de- cision be rendered at the next council meeting''',seconded by Mr Donaldson, carried 6-0 The annual meeting of Consolidated Mutual Water Company on May 10th conflicts with Lena Gulch review committee meeting scheduled for the same date MOTION by Mrs Turner "I move that the draft review be delayed a week in order that members may go to the Consolidated Mutual Water Company meeting and ask Mr Jerman's office to renotify people on the ma i 1 i ng 1 i st", seconded by Mr Pepe, carried 5-0 Council Committee's and Commission's Matters Item 15 Appointment to Parks and Recreation Commission It was reported that Mr Vidic was not appointed to the Open Space Committee, that he had been nominated for by Wheat Ridge In view of this information it was requested that Item 15 be withdrawn and placed on next week's Agenda in order that it may be discussed with Mr Lewman Consideration of letter from Leland Stewart regarding absence from Planning Commission Mr Stewart's letter was reviewed and it was suggested that Council take no further action on the matter Item 16 Motion authorizing Community Improvement Committee to draft suggested revisions to Zoning Ordinance to be sent directly to Planning Commission No action required, Council consensus from study session is sufficient CITY COUNCIL MINUTES May 7,1979 Page -6- Item 17 Motion to request Planning Commission to study and make recommendations to City Council relating to proper land use for currently designated Industrial Area on future land use map of Comprehensive Development Plan, for Public Hearing before City Council on June 25, 1979 MOTION by Mrs Cavarra "I move that City Council request the Planning Commission study and re-evaluate the Industrial designation of the Comprehensive Land Use Plan The area to be considered lies between Ward Road and Miller Street north of 1-70 and south of the northern city boundary It is further requested that the Planning Commission make a recommendation at a Public hearing and forward this recommen- dation to City Council in time for a July 9, 1979 Council Public Hearing", seconded by Mrs Turner, carried 3-2 Mr Flasco voting NO, because the time element is unrealistic and the zoning is 0 K. until Council can do it properly Executive session was held Meeting adjourned at 11 35 p m ---...- -7 / ~~ ~/,? J ~ <! d/;/:!j;/~?J~;if~ Carol F Hampf, City. Ter!< cfh/pjm/chj APPROVED c;} / if he; - If' cJ-