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HomeMy WebLinkAbout05/21/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO May 21, 1979 The May 21,1979 Regular City Council Meeting was convened by Mayor Phillips at 7 35 p m Council Members present Mary Jo Cavarra, Joseph M Donaldson, Anthony N Flasco, Gary Lewman, Louise F Turner and Ray C Pepe Also present City Administrator John A Jerman, City Attorney Edmund G Lambert, Department Heads Douglas Hilyard, Charles Stromberg, Clyde Hobbs, Richard Bredt, staff, interested citizens Approval of Minutes MOTION by Mr Donaldson "If there are no additions or corrections by any other member of the council, I would move that the minutes of May 14, 1979 be approved as printed" Mrs Turner "Mr Mayor, I second that with one slight addition On Page 3, paragraph 'Councilmembers Matters' on the bottom of page 3, line 3, where I request that the staff look into an arrangement with the church across the street to use for parking, I think the words of 'commuters cars' should be added so that it doesn't sound like bus parking", carried 6-0 Public Hearing and Ordinance on Second Reading Item 1 Ordinance No 328-An Ordinance for the approval of rezoning from Restricted-Commercial (R-C) to Commercial 1 (C-l) for land located at 6695 W 38th Ave, City of Wheat Ridge, County of Jefferson, State of Colorado Ordinance was introduced by Mr Pepe and the clerk read the title Mr Stromberg gave the Planning Division Staff Report The Comprehensive Plan, the Zoning Ordinance, the Case File, four transparencies, and the Wadsworth Town Center Base One Report were admitted into evidence Maurice F Fox, attorney for Bobby Lee Billen gave the reasons for the zoning which they have applied for in a Commercial-One (C-l) zoning approval MOTION by Mr Pepe "I move that Ordinance No 328, Case WZ-78-116, a request for a change of Residential Zone from Commercial to Commercial-One on property located at 6695 W 38th Avenue be approved for the following reasons This property is located in the Activity Center, the Planning Commission recommended approval, C-l is in the surrounding area, such as east of this property and west of this property, and it conforms with the Comprehensive Plan", the motion dies for lack of a second MOTION by Mr Lewman "I move that Ordinance No 328 be denied on second reading for the following reasons (1) The request is not consistent with surrounding zoning, all of the surrounding zoning is (R-C) therefore this zoning request is for spot zoning, (2) The request is not in conformance with the Comprehensive Development Plan in several instances Request would allow intensive commercial activities at the extremeties of the Activity Center which is inconsistent with the intent Request would not contribute to the stated pur- poses of the Activity Center or stated goals and objectives of the Comprehensive Plan regarding the desired improvements in vehicular circulation, joint parking, reduced access, and improved compatibility between land used In fact it would contribute to a continuance of these areas that have problems, (3) It is clear that the intent of the Activity Center concept and the generally stated goals and objectives of the Comprehensive Development Plan suggest that the transition area between heavy commercial and residential should be used as light commercial, service, and high to moderate density residential The current R-C classi- fication is heavier than the objectives of Comprehensive Plan, (4) The denial of this rezoning does not deny the applicant legitimate use of his property, (5) ~he staff recommends the denial of this request", seconded by Mr Flasco carried 5-1 with Mr Pepe voting NO, because of the reasons-Statedln his motion to approve the zoninq and there was no one in opposition at Planning Commission or City Council hearing CITY COUNCIL MINUTES May 21,1979 Page -2- Ordinance on First Reading Item 2 An Ordinance Amending Ordinance No 289, Series 1978, of the Code of the City of Wheat Ridge, Colorado, by the addition of section 11-4 (Oversized Vehicle Parking Prohibited) (Has been referred to the Police Advisory Committee) Ordinance was introduced by Mr Lewman, numbered 331, title read by the clerk MOTION by Mr Lewman "I move that Ordinance #331 be adopted on first reading and ordered published, that a public hearing be set on June 11, 1979, at 7 30 P m in Council Chambers at 7500 West 29th Avenue, Municipal Building, Wheat Ridge, Colorado, and that the Ordinance, if approved on second reading, take effect 15 days after final publication", seconded by Mr Donaldson, carried 4-2 with Councilmembers Pepe and Turner voting NO, because of concerns about oversize vehicles traveling on the streets MOTION by Mr Lewman "I move that in a related issue, I would like to refer to the Planning Commission a request for an amendment to all of the zone districts except C-2 and Industrial, prohibition of parking for any period of time Busses, commercial trailers, semi-trailers and trucks and truck tractors, (vehicles used in interstate commerce) and this is in off-street parking Primarily it takes those as defined in Ordinance 331 This requires a separate amendment to the zoning code if we desire to prohibit parking of commercial vehicles in other than Commercial-2 and Industrial I would like the Planning Commission's comment before we have an ordinance drafted to that e f fee t", seconded by Mr Donaldson, carri ed 5-1, Mr Pepe voti ng NO Item 3 An Ordinance Providing for the approval of Rezoning from Commercial-l (C-l) and Residential-3 (R-3) to Restricted-Commercial (R-C) for land located at 3767 Harlan Ordinance was introduced by Mrs Cavarra, numbered 332, title read by the clerk Mr Stromberg recommended a change in the zoning from Restricted-Commercial to Restricted Commercial-One MOTION by ~~rs Cavarra "I move that Ordinance #332 with the changes noted in the title from R-C to RC-l, and in the body of the Ordinance, be adopted on first reading and ordered published, that a Public Hearing be set for Monday, June 11, at 7 30 pm, City Council Chambers, 7500 West 29th Avenue, Municipal Building, Wheat Ridge, Colorado, and that the ordinance, if approved on second reading, take effect fifteen days after pub- 1 i cat ion", seconded by Mr Fl asco, carri ed 6-0 Decisions, Resolutions, and Motions Item 4 Review and approval of contract and lease for purchase of Fire Station No 2 and lease back to Fire District Mr Flasco abstaining as he is a member of the Wheat Ridge Fire Protection District Mr Jerman reported that the sale price is $119,000 (Urban drainage District providing 50% of the funds), the building will be demolished when vacated, and that the rental will be $500/month MOTION by Mr Donaldson "I move for the approval of the contract and lease for purchase of the Fire Station No 2 and lease back to the Fire District", seconded by Mrs Turner, carried 5-1, Mr Flasco abstaining Item 5 Renewal of Liquor Licenses for (a) Village Inn Pancake House, Inc , 4700 Kipling Street, Wheat Ridge, Colorado, Class G, Hotel and Restaurant, and (b) Anthony J Vinnola d/b/a Lakeside Liquors, 5820 West 44th Avenue, Wheat Ridge, Colorado, Class D Retail Liquor Store License MOTION by Mr Lewman "I move to approve the Anthony J Vinnola d/b/a Lakeside Liquors, 5820 West 44th Avenue, Wheat Ridge, Colorado, Class D Retail Liquor Store License", seconded by Mrs Turner, Carried 6-0 MOTION by Mr Lewman "I move to set a Publ i c Hearing for the Village Inn Pancake House, Inc , 4700 Kipling Street, Wheat Ridge, Colorado, for Class G, Hotel and Restaurant Liquor License, at the next available date which is June 11, which is prior to their expiration date", seconded by Mrs Turner Rick Hartman, 218 Reed, Lakewood, Colorado, Regional Supervisor for Village Inn Pancake House, Inc , spoke regarding the owner of Village Inn, Jerry Cohen, the Manager of Village Inn, and, Clyde Babb, the Manager of the Lounge Motion carried 6-0 CITY COUNCIL MINUTES May 21,1979 Page -3- Item 6 Award of Bid for miscellaneous nursery stock Acct No 01-603-660 MOTION by Mr Donaldson "I move to award the bids on miscellaneous nursery stock as follows Wilmore Nursery in the amount of $343 70, Marshall Nursery in the amount of $100 00, James Nursery in the amount of $941 25, Green Spot Nursery in the amount of $3,845 00, and McCoy and Jensen in the amount of $180 00 The total order in the amount of $5,409 95 is to be charged to Account No 01-603-660", seconded by Mr Lewman, carried 6-0 Item 7 Notice of expiration of lease of community park at W 38th Ave and Parfet St as of May 31, 1979 MOTION by ~1r Donaldson "It is my understanding that this property is not being used and if this is true, I would like to entertain a motion not to re-lease this property", motion died for lack of a second MOTION by Mrs Turner "I woul d 1 i ke to move that the property at 38th & Owens be renewed on a lease basis for one year at $50 per month", seconded by Mr Lewman, failed 2-4, Council members Cavarra, Flasco, Donaldson and Pepe voting NO Mrs Cavarra voted no because of the 60 day cancellation and they should consider buying it MOTION by Mrs Cavarra "I move that we ask in light of the decision to not to purchase the entire property at 32nd & Union that the Parks and Recreation Commission re-evaluate the 38th & Parfet Property and the 38th property known as the Guerink Property", seconded by Mr Lewman, failed 3-3, Councilmembers Flasco, Donaldson and Pepe voting NO, since they do not see reasoning of purchasing one piece because another was not purchased Item 8 has been changed to follow Item 10 and will now become Item lOA Item 9 Approval of City Attorney billing for additional services in month of Apri 1, 1979 MOTION by Mr Lewman "I move to approve the City Attorney's billing for Apri 1, 1979", seconded by Mr Donaldson, failed 3-3, Councilmembers Flasco, Donaldson and ~e voting NO Mr Flasco voting no since voting had denied employees a pay raise MOTION by Mr Pepe "That because the council previously voted to retain Lambert and Owens, so in regards to that vote (4-2), and as I was one of them that voted against the retainment of Lambert and Owens, but yet this council voted (4-2) to retain them, I would like to bring this item up again because I feel that they submitted this hourly scale to us for services they rendered to the City and I feel I would like to change my vote I move to reconsider Item #9", seconded by Mrs Turner, carried 5-1, Mr Flasco voting NO --- MOTION by ~1r Pepe "I move that the hourly scal e presented to the city be approved", seconded by Mrs Turner, carried 5-1, Mr Flasco voting NO Item 10 Budget transfer resolution appropriating additional funds for City Attorney contractual services Resolution introduced by Mr Donaldson, numbered 648, title read by the clerk MOTION by Mr Donaldson "I move for the adoption of Resolution No 648", seconded by Mr Pepe, carri ed 5-1, Mr Fl asco voti ng NO Item lOA Budget Transfer Resolution appropriating additional funds for acceleration of street patching program Resolution introduced by Mr Lewman, Numbered 647, title read by the clerk MOTION by Mr Lewman "I move for the adoption of Resolution No 647", seconded by Mrs Cavarra MOTION by Mr Flasco "I would move to table this item for two weeks", seconded by Mr Pepe, failed 2-4, Councilmembers Cavarra, Donaldson, Lewman and Turner votina NO Original Motion carried 4-2, Councilmembers Flasco and Pepe voting NO CITY COUNCIL MINUTES May 21,1979 Page -4- Item 11 City Council of Lakewood requests joint meeting with City Councils of Edgewater and Wheat Ridge on Wednesday, June 13, 1979, at 7 30 p m to discuss (1) Cooperative zoning, (2) Crown Hill, (3) Sharing of maintenance cost--Maple Grove Park (Bosick property) Location of meeting to be selected at a later date agreed to accept the meeting and have it open to the public and to it Council publish Item 12 Motion to hold Executive Session MOTION by Mrs Cavarra "I move we hold an Executive Session to discuss pending litigation", seconded by Mrs Turner, carried 6-0 (Executive Session to be held after City Council meeting adjourns Mayor's Matters Item 13 Goals and Objective Meeting, Saturday, June 9, 1979 Mayor Phillips suggested having a Goals and Objectiv5Meeting on a Saturday in June at the City Hall Other suggested locations for the meeting were the Jeffco Nature Center on Lookout Mountain and El Rancho MOTION by Mr Lewman "l would move that we attempt to acquire a meeting room at El Rancho on June 9, 1979 for a 9 00 a m to 5 00 P m meeting and purchased lunch", seconded by Mrs Cavarra, carried 5-1, Mrs Turner voting NO City Administrator's Matters Item 14 Budget Preparation Calendar, 1980 Budget Mr Jerman talked regarding the Budget Preparation calendar for 1980 It was discussed that Revenue Sharing is to be discontinued in 1980 Mr Lewman suggested to Mr Jerman that if the Capital Improvements Budget be submitted to the Planning Commission on July 26 it would therefore be ready, finished and finalized before the September meeting so that we could have it in hand before the Budget Hearings start It was decided that this be done and to add Item 14A on August 2 for Planning Commission Consideration on Capital Improvements Land at 1-76 and Wadsworth Blvd is shown by a Deed of Trust at the Colorado Department of Highways that it is owned by the City of Wheat Ridge because of a change in direction of Clear Creek The state is asking for a Quit Claim Deed for this property Mrs Turner suggested asking the state to exchange the land for an access road into the park located on this land so Wheat Ridge residents could enter from the east side Council Members' Matters Item 15 Resolution requesting the Regional Transportation District to take immediate action to repair parking lot damage at Applewood Shopping Center and pavement damage on City Streets Mayor Phillips received a letter today from Howard J Beck of RTD stating he expects to have a talk with their people in the next week or so and then he will make a decision as to what he is going to do Resolution introduced by Mrs Turner, numbered 649, title read by the clerk MOTION by Mrs Turner "I would move that this resolution be approved and I would also like to move two amendments to it The first one to add WHEREAS after the first WHEREAS that says 'WHEREAS damages from the said busses have been in the past repaired by the shopping center' and the next sentence where it says 'WHEREAS the Regional Transportation District has not adequately and promptly repaired', I think it should say 'has not contributed to such repairs' Down under 'Be it Further Resolved' change the wording to 'Be it Further Resolved that RTD be requested to incorporate into its budget funds for a program of periodic and regular repairs, etc "' The motion failed for lack of a second Mr Lewman commented that he and Mr Donaldson discussed there are twice as many streets in the east end of town as in the west end and because of the alleys more garbage accumulated and needs to be cleaned up We have the money in the budget and proposed to clean the alleys Mr Lewman presented the Report on the Lena Gulch Flood of March 17 & 18, 1979 and that it has several calls for action On Page 1, the 3rd, 4th & 5th paragraphs, on Page 2 the 2nd, 4th & 7th Paragraphs, and on the final page every paragraph ~10TlON by Mrs Turner " P r i 0 r tot h e fin a 1 acceptance of the flood report, I think the request I made nearly CITY COUNCIL MINUTES May 21 1979 Page -5- two months ago, that tapes be located regarding the testimony that was given to the council pertaining to the function and construction of the fabri-dam to be transcribed for us to find out once and for all just exactly how this was presented to us Whether it was supposed to have been strictly for Flood Control or whether the sub;ect of water being stored behind fabri-dams, etc was ever atcually presented I have pinned down the dates of those meetings to 03-01-76, 03-08-76, 06-21-76 and 06-28-76, and I, at this time, move that these tapes be located and the portion pertaining to the fabri-dam be transcribed and delivered to the council prior to the finalization of this report on Lena Gul ch", seconded by Mr Flasco, carried 6-0 Executive session was held Meeting adjourned at 12 00 midnight APPROVED cfh/pjm c /V h o( , Cf+