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HomeMy WebLinkAbout06/25/1979 June 25, 1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO The June 25, 1979 Regular City Council Meeting was convened by Mayor Phillips at 7 3Z P m Councilmembers present Mary Jo Cavarra, Joseph M Donaldson, Anthony N Flasco, Gary Lewman, Louise F Turner and Ray C Pepe Also present City Clerk Carol F Hampf, City Administrator John A Jerman, City Attorney Edmund G Lambert, Department Heads Rich Bredt, Douglas Hilyard, Clyde Hobbs, Chief Ed Pinson, Charles Stromberg, staff, and interested citizens MOTION by Mr Flasco "I move for an Executive Session to be held at the termination of the General Session for an update on the status of the Police law suit", seconded by Mr Pepe, carried 5-0 Public Comment No one was present for Public Comment Public Hearings Item 1 Was requested to be held later in the evening because one of the parties was delayed getting into town Item 2 Ordinance No 332 - An Ordinance providing for the approval of Re- zoning from Residential-Two (R-2) to Restricted Commercial (RC) for land located at 6075 West 46th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado Mr Pepe introduced Ordinance No 332 on second reading and the Clerk read the title Mr Stromberg gave the Staff comments and introduced the evidence into the record Staff comments indicated that they believe the RC zoning is too harsh a conflict with the area Mr Sonheim, Attorney representing the applicant Mrs Werth, indicating that they felt the rezoning was suitable because there had been a change in the neighborhood and it conforms with the Comprehensive Plan Mr Richard Woodward, 4620 Jay Street, resident of the area, spoke in opposition Public Hearing was closed by the t~ayor MOTION by Mr Lewman "I move that Ordinance No 332, a request upon appeal to the City Council to rezone land located at 6075 West 46th Avenue from R-2 to RC be de- nied for the following reasons 1 Planning Commission recommended denial of this request at a Public Hearing on April 19th, 1979 The reasons given for denial were that it was undesirable to create a further en- croachment into the existing residential area to the west when there already exists a good land use buffer by the existing dentist's office on RC-l land to the east Another reason given was that it was undesirable to introduce commercial traffic on W 46th Avenue further into the area 2 The Wheat Ridge Water District indicates that the existing service line will only accommodate Single Family Residential or a like use 3 Due to the adjacency of single family residential on the west and south, staff concludes that an RC-l district would provide a better buffer between the General Commercial to the north, east, and southeast than would the RC zoning district since both front setback (30 ft) and height standards (35 ft) are consistent with each other In addition, a change of zone to RC would create a nonconforming structure 5 (4) The zoning request has no compatibility with existing neighborhood residential zoning 6 (5) The applicants' own attorney indicates that zoning should not be mixed in a zoning transition area CITY COUNCIL MINUTES June 25, 1979 Page -2- Motion carried 5-1 with Mr Pepe voting NO, stating that there was Commcercial on three sides and R-2 on the west side, Comprehensive Plan shows Commercial, there was only one person here in opposition, the applicant stated that the neighbors to the west are not opposed, Mr Lewman's reasons regarding the road- way should not be taken into consideration because if the applicant wants to put in an office building, he can, if he wants to put in a roadway, he can, if he wants to put in anything in RC category, he can MOTION by Mrs Turner "I move that the Planning Commission having recommended denial of this property, a recommendation on which City Council has con- curred, that this Commission be asked to set a Public Hearing to consider amending future land use section of the Comprehensive Plan to clarify the boundaries of this area which is shaded in pink, that specifically they be asked to consider defining as the pink area those properties that are currently zoned Commercial, from an area bounded on the north by theater property, south to 44th Avenue" Seconded by Mr Pepe, carried 4-2, with Mr Flasco and Mrs Cavarra voting NO Mrs Cavarra felt that this would make the Comprehensive Plan specific rather than as a guide Item 3 Ordinance No 331 - Amending Ordinance No 289, Series of 1978, of the Code of the City of Wheat Ridge, Colorado, by the addition of Section 11-4 (Parking of oversized vehicles) (Continued from June 11, 1979) Chief Pinson distributed copies of an Edgewater Ordinance which he favors over the Ordinance under discussion MOTION by Mr Flasco "I move that Ordinance No 331 be denied", seconded by Mr Donaldson Janice Thompson, 12290 West 42nd Avenue and Arthur Gardner, 7035 West 37th Avenue, both indicated that an Ordinance was needed, but that the substitute re- commendation would be satisfactory Phyllis Lancaster, 4076 Everett Street, requested that the recreational vehicles not be allowed to be parked on private property as well as on the streets Motion carried 6-0 The sub- stitute Ordinance is to come to Council on July 9 on First Reading Item 1 Application by Keith D Davis for a 3-1ot Minor Subdivision for property located at approximately 3810 Wadsworth Blvd (Case No MS-79-4) (Continued from June 11, 1979) A telegram had been received from the applicant requesting a continuance MOTION by Mr Lewman to continue this Hearing until July 16, seconded by Mr Flasco, carried 6-0 Item 4 Ordinance No 333 - Authorizing the Transfer of Building Maintenance Division, including staff and all operating appropriations and expenditures, from Public Works Department to the Administrative Services Department Ordinance was introduced on Second Reading by Mr Lewman, title read by the Clerk MOTION by Mr Lewman "I move that Ordi nance No 333 be adopted on Second Readi ng", seconded by Mr Donaldson, carried 5-1, Mr Pepe voting NO, because other buildings besides City Hall are included in the Maintenance Division ORDINANCES ON FIRST READING An Ordinance providing for the approval of rezoning from Residential- Two (R-2) to Planned Commercial Development (PCD) and approval of an Outline Development Plan for land located at approximately the Northwest corner of West 35th Avenue and Wadsworth Blvd, City of Wheat Ridge, County of Jefferson, State of Colorado Ordinance was introduced by Mr Lewman, numbered 340, and the title read by the Clerk MOTION by Mr Lewman "I move that Ordinance No 340 be adopted on First Reading and ordered published, that a Public Hearing be set for Monday, July 16, 1979 at 7 30 P m in City 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 publications", seconded by Mr Flasco, carried 6-0 Item 5 CITY COUNCIL MINUTES June 25, 1979 DECISIONS, RESOLUTIONS, AND MOTIONS Page -3- Item 6 A Parks & Recreation Matters Approval of Agreement with Jeffco R-l School District (Common Utilization of school and recreational facilities) MOTION by Mrs Cavarra "I move that the Mayor be authori zed to sign the General Cooperative Agreement between the City of Wheat Ridge and the Jefferson County R-l School District and transmit it to the President of the School Board for the appropriate signatures", seconded by Mr Lewman, carried 4-2, with Mr Flasco and Mr Pepe voting NO Mr Flasco stated, he felt the contract needed some changes Item 6 B Ratification of Park Names for 45th & Vance (Apel-Bacher Park) and 45th & Everett (Boyd Park) Mr Bredt stated that following an article in the Sentinel asking for public input on park naming, the Parks & Recreation Commission had last Fall recom- mended naming the 45th and Vance park Apel-Bacher and the park at 45th and Everett, Boyd Park The Historical Society letter distributed this evening had not been received by the Parks Commission Mayor Phillips stated that according to the Park naming procedure the letter was late in receipt MOTION by Mrs Turner that Ci ty Counci 1 approve the name of Boyd Park for the park at 45th and Everett and to refer the 45th and Vance park name back to the Parks & Recreation Commission, seconded by Mr Flasco, motion failed 3-3, with Mrs Cavarra, Mr Lewman and Mr Pepe voting NO, Mrs Cavarra and Mr Lewman stating they believe broader consideration of other than original owners' names should be considered MOTION by Mr Lewman "I move that all of the proposed names for parks be returned to the Parks Commission for reconsideration", seconded by Mr Donaldson, carried 6-0 Expansion of Street Program for 1979 as recommended by the Director of Public Works An alternate list for the expanded street program, from Mr Hobbs, was dis- tributed which now included some of the streets suggested for the 1979 pro- gram but had not been included for resurfacing in last years' final list MOTION by t1r Flasco fcr the adoption of the revised street program as prRsented by Mr Hobbs, with the provision that (1) he changes or substitutes 39th and Oak Street West for one of the streets in the Ward III area, as suggested by Councilmember Cavarra and (2) to strike 45th Avenue from Parfet to Public Works and substitute Swadley, Ridge Road to 52nd, that a 10% contingency (of the total amount) be allowed, provided that if any contingency is left at the end of the program, that another street be added in Ward III As this apparently expands the contract beyond the 25% allowed, it will require the acceptance by Brannan Sand & Gravel Motion was seconded by Mr Pepe, AMENDING MOTION by Mr Pepe "I move that we do not pave 50th Avenue, Miller West 25th Street for $28,262, that the money be appropriated for other streets needed in Ward I I", seconded by Mrs Turner, Moti on failed 2-4, with ~1rs Cavarra, Mr Flasco, Mr Donaldson and Mr Lewman voting NO, Mr Donaldson stating that Mr Hobbs is aware of what is needed and it should be repavRd street for drainage Mrs Turner stated she was voting YES because she was con- cerned about the drainage going into the irrigation system and if this paving is done, it should be searched for legality ORIGINAL MOTION carried 5-1 , with Mrs Turner voting NO Item 7 CITY COUNCIL MINUTES June 25, 1979 Page ~4- Item 8 Renewal of Beer & Liquor Licenses for A Class J, 3 2% Beer Retail License for Chisum's Super Market, located at 10019 W 26th Ave , B Class J, 3 2% Beer Retail License for Wheat Ridge Ranch Market, located at 6920 W 38th Ave , C Class E, Liquor Licensed Drug Store for Sav-Mor Drug, Inc , located at 10123 W 37th Place MOTION by Mr Lewman to approve Liquor License/Drug Store for Sav- Mor Drug, Inc , located at 10123 W 37th Place, 3 2% Beer Re- tail License for Wheat Ridge Ranch Market, located at 6920 W 38th Avenue, 3 2% Beer Retail License for Chisum's Super Market, located at 10019 West 26th Avenue, all located in the City of Wheat Ridge, Colorado, seconded by Mr Donaldson, carried 6-0 Item 9 Request by Councilmember Turner to set Public Hearing dates for review of the Comprehensive Plan pertaining to the Industrial Area Mrs Turner stated that Planning Commission action on the Industrial Area had been postponed indefinitely pending receipt of further information and asked Mr Stromberg to present a prospective time schedule He indicated that the Planning Commission had held a Study Session on the matter and planned a further Study Session approximately July 19th If no further study were required at that time, a Public Hearing could be held on August 9 and the earliest it could come to City Council to set a Public Hearing date would be August 13 He was asked to present a progress report to City Council on July 23 COUNCIL MEMBERS MATTERS Mrs Cavarra called attention to the resignation of a Personnel Commission Member ( Dora Pi co 11 i) and as ked that an item "Personnel Matters" be i nc 1 uded on next week's Study Session Agenda Mrs Cavarra also requested that she be allowed to attend the National League of Cities Convention in Las Vegas in November, as it would be her second convention this year Council concensus was that it would be okay Mrs Turner called attention to a letter she had distributed regarding her recommendations to Colorado Municipal League and asked if Council wished to add their names Councilmembers indicated they had already given their names to CML COUNCIL COMMITTEES' AND COMMISSIONS' MATTERS Item 10 Appointments to Police Advisory Committee Arthur Gardner, 7035 West 37th Avenue, spoke as a representative of the Police Advisory Committee and indicated that a review of the Committee's Resolution might be in order to look into the committee's objectives and duties This review will take place at the Study Session July 2 Mrs Cavarra MOVED to extend the current appoi ntments for 30 days, seconded by Mr Donaldson, carried 6-0 Executive Session was held Meeting adjourned at 11 25 P m , ) , /' ~ ~/(L-/J~ ' . Carol F Hampf,'City Cler APPROVED cfh/fg/chj '7/ r I 1<;