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HomeMy WebLinkAbout07/30/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO July 30, 1979 The July 30, 1979 Regular City Council Meeting was convened by Mayor Phillips at 7 30 P m Councilmembers present Mary Jo Cavarra, Joseph M Donaldson, Anthony N Flasco, Gary Lewman, Louise F Turner and Ray C Pepe Also present Deputy City Clerk, Faye Greene, City Administrator John Jerman, City Attorney Edmund G Lambert, Department Heads Douglas Hilyard, Charles Stromberg, staff, and interested citizens APPROVAL OF MINUTES MOTION by Mr Donaldson "If there are no corrections or deletions from the Minutes of the meeting of July 23rd by the members of the Council, I move that they be approved as printed", seconded by Mrs Cavarra, carried 6-0 PUBLIC COMMENT Mr Oliver Leavitt, 3255 Newland Street, stated that the water level in the irrigation ditch on his property is causing overflow, seepage is damaging his residence and that this situation has existed for years It was suggested that the City Attorney write a letter of notification to the ditch company PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Ordinance No 341 - Providing for the approval of rezoning from Residential-Two (R-2) to Restricted Commercial One (RC-l) for land located at 7590 West 48th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Jerry R Busey) Case No WZ-78-110) Mayor Phillips notified City Council of the correction of the spelling of "Coulehan" in the legal description of the Ordinance Mr Lewman intro- duced Ordinance No 341 on Second Reading and requested the title be read by the Clerk Mr Stromberg gave staff comments and showed slides of the area The applicant, Jerry Busey, 14587 W 32nd Avenue, Golden, Colorado, stated, he would like to have the zoning changed, as the present use as a residence is no longer practical AMENDED MOTION by Mr Pepe that Ordinance No 341, the request of the land located at 7590 West 48th Avenue of rezoning from R-2 to RC-l be approved for the following reasons (1) Requirements for publishing, posting and notification have been met, (2) The subject parcel is ad- versely affected by the high office building to the South, (3) The request for RC Zoning is not incompatible with the surrounding land use, but would in fact provide a good buffer to the residents to the North, (4) This request is consistent with the Comprehensive Plan, (5) Planning Commission recommended approval of this request (6) with the stipulation that the residential character be retained, and also that the typo- graphical error be corrected, Originial Motion by Mr Pepe, se- conded by Mrs Turner Amending Motion by Mrs Turner, seconded by Mr Pepe Amendment carried 6-0, Motion as amended carried 6-0 There had been an amending motion by Mrs Cavarra to include staff recommendations with some stipulations, seconded by Mr Pepe, failed 3-3 with Mr Flasco, Mrs Turner and Mr Pepe voting NO because they felt there were too many stipulations Mr Lewman moved to forward to the Planning Commission a request for a Comprehensive Plan Amendment relating to the property in question at 7590 West 48th Avenue and the office building immediately to _ the south and that a line of demarcation be shown as to the }imited L ,~( ~ commercial uses in this area, and the beginning of the Residential area, seconded by Mrs Turner, carried 6-0 CITY COUNCIL MINUTES July 30, 1979 Page -2- Item 2 -A Ordinance No 342 Providing for the approval of a map correction from Residential One A (R-IA) to Planned Residential Development (PRD) for property located at 4242 Jellison, City of Wheat Ridge, County of Jefferson, State of Colorado 2 -B Ordinance No 343 providing for the approval of a map correction from Residential-Two (R-2) to Residential-One (R-l) for property located at 6650 W 33rd Ave, City of Wheat Ridge, County of Jefferson, State of Colorado 2 -C Ordinance No 344 providing for the approval of a map correction from Residential-One C (R-IC) to Residential-Three (R-2) for property located at 4784 Carr Street, City of Wheat Ridge, County of Jefferson, State of Colorado MOTION by Mr Lewman "I move that Ordinances 342, 343 and 344 be Tab led indefinitely until such time as a final set of procedures have been approved which provide for the disposition of all zoning discrepancy cases", seconded by Mr Pepe, carried 6-0 Item 3 Application by Keith D Davis for a 3-1ot Minor Subdivision for property located at approximately 3810 Wadsworth Boulevard (Case No MS-79-4) (Continued from 6/11/79, 6/25/79 and 7/16/79) Mr Stromberg gave staff comments and recommendations regarding this continued case Kent Davis, one of the applicants, was present to answer questions Mr Donaldson moved that Case MS-79-4, a request for approval of a Subdivision located at approximately 3800 through 4000 Wadsworth Blvd be approved for the following reasons (1) Requirements for publishing, posting and notification have been met, (2) All concerns which were expressed at the meeting of June 11, 1979, have been met, (3) Planning Commission recommended approval, (4) All requirements of the subdivision regulations have been met, also that the word "minor" be deleted from the plat, seconded by Mr Flasco, carried 6-0 Mr Stromberg stated he would instruct staff to assign a new number to the case ORDINANCES ON FIRST READING Item 4 An Ordinance amending The Code of the City of Wheat Ridge, Colorado, by codifying Ordinances numbered 249, 253, 255, 263, 264, 265, 266,267, 268, 272, 275, 280, 283, 286, 287, 288, 293, 294, 295, 299, 300, 301, 302, 303, 304, 306, 309, 310, 311, 312, 313, 314, 315, and 316 of the City of Wheat Ridge, and incorporating said Ordinances into the Code of The City of Wheat Ridge, Colorado The Ordinance was introduced by Mr Donaldson, numbered 347, and the title read by the Clerk MOTION by Mr Donaldson I move for the adopti on of Ordinance 347 on First Reading, ordered published and that a Public Hearing be set for Monday, August 13, 1979 at 7 30 pm, in the 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 Flasco, carried 6-0 Item 5 An Ordinance providing for the rezoning of land from Restricted Commercial (RC) to Planned Residential Development (PRD) and approval of a Preliminary Development Plan on property located at 3830 Otis Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-79-4) Ordinance was introduced by Mr Pepe, numbered 348, and the title read by the Clerk MOTION by Mr Pepe "I move that Ord i nance No 348 be adopted on first reading and ordered published, that a Public Hearing be set for Monday, August 20, 1979, at 7 30 pOlin the 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", seconded by Mr Lewman, carried 6-0 CITY COUNCIL MINUTES July 30, 1979 Page -3- Item 6 An Ordinance providing for the approval of zoning to Agriculture- One (A-I) for all of the right-of-way of Interstate 70 within the corporate limits of The City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-79-10) Ordinance was introduced by Mr Lewman, numbered 349, and the title read by the Clerk MOTION by Mr Lewman "I move that Ordinance No 349 be adopted on first reading, ordered published, that a Public Hearing be set for Monday, August 20, 1979 at 7 30 pm, in the 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 Pepe, carried 6-0 DECISIONS, RESOLUTIONS AND MOTIONS Item 7 Motion to approve final payment to Technology Constructors for drainage improvements at West 35th Avenue and Harlan Street MOTION by Mr Lewman "I move to approve final payment to Technology Constructors for drainage improvements at West 35th Avenue and Harlan Street in the amount of $1,098 08, to be charged to account No 31-302-833", seconded by Mr Donaldson, carried 6-0 Item 8 Motion to purchase pesticide sprayer (Tussock moths) MOTION by Mrs Cavarra "I move to approve the purchase of the Myer Sprayer and accessories from Boyd Distributing Co in the amount of $5,279, to be charged to account No 01-604-809", seconded by Mr Lewman, carried 6-0 Item 9 Budget Transfer Resolution appropriating additional funds for Merit Increases in the Mayor's Office Resolution was introduced by Mr Donaldson, numbered 659, and the title read by the Clerk MOTION by Mr Donaldson "I move for the adoption of Resolution No 659", seconded by Mr Lewman Motion carried 4-2, with Mr Flasco and Mr Pepe voting NO Item 10 Request by Meurer, Serafini & Meurer, Inc , Consulting Engineers, for additional time for submission of preliminary draft of Master Drainage Plan to August 31, 1979 due to base mapping problems Mr Jerman clarified the contents of the letter received from Meurer, Serafini & Meurer, dated July 27, 1979, stating that the survey cost would not affect the total budgeted cost of the work to be performed MOTION by Mr Lewman that the contract between the City and Meurer, Serafini & Meurer, Inc , Consulting Engineers, for a Master Drainage Plan for the City be amended to allow the preliminary draft to be submitted by August 31, 1979 and that the $3,000 specified for survey work be transferred to increase the Master Drainage Study to a total of $31,000, further provided the total cost of the contract remains unchanged at $38,000, seconded by Mr Donaldson, carried 6-0 MAYOR'S MATTERS Mayor Phillips stated that (1) There were two letters received (Julia Temple North and Bolas) which needed attention, relative to various parcels of property, (2) He wished Council to read carefully the letter from Mr Lambert regarding legal issues of the Zoning Map, (3) He requested the number of vacancies in the present work force and was informed by Mr Hilyard that there were 12 they were filling and an additional 5 which would be considered "new" positions Mayor Phillips also stated Staff was preparing a plan to present to Council which would be agreeable to both Civil Service and the Personnel Commission, and submitted some procedural proposals for consider- ation Mr Hilyard reiterated staff's willingness to cooperate in any way possible MOTION by Mrs Cavarra for an Executive Session at the end of the next Study Session, seconded by Mrs Turner, carried 6-0 CITY COUNCIL MINUTES July 30, 1979 CITY ADMINISTRATOR'S MATTERS Page -4- Item 11 1979 Midyear Budget Status and Forecast Report and recommendations of the City Administrator pursuant to Charter Section 10 11 Mr Jerman gave comments and recommendations regarding the Midyear Budget Mr Pepe stated he would like to see consideration given to a drop in mill levy at the time of budget consideration Item 12 Submission of proposed 1980 Budget for Jefferson Animal Shelter to be adopted by the Board at its next Regular Meeting, August 8, 1979 Mr Jerman gave comments regarding the Animal Shelter operating on a self- sustaining basis and told of improvements made this last year and that they had received an award for being one of the best designed shelters in the Nation CITY ATTORNEY'S MATTERS COUNCIL MEMBERS' MATTERS MOTION by Mr Lewman to direct the staff to draft a Resolution accepting Mr Bolas's offer on the property at 44th and Miller and the conditions that he laid down in that letter for submission to Spen Space for aquisition, seconded by t'1rs Cavarra MOTION by Mr Fl asco to postpone for a two week period to give Council ample time for their consideration before proceeding further, seconded by Mr Donaldson, MOTION carried 4-2 with Mrs Cavarra and Mr Lewman voting NO UNFINISHED BUSINESS Item 13 Reconsideration of overrun billing by Arthur Young & Co for EDA Audit MOTION by Mrs Turner that the balance of the bill submitted by Arthur Young & Co for the Audit of the EDA Grant in the amount of $1,000 be paid and charged to the appropriate account as supplied by the Administrator, seconded by Mrs Cavarra, carried 5-1, with Mr Flasco voting NO COUNCIL COMMITTEES AND COMMISSION MATTERS Item 14 Report from Planning Commission on Review of Industrial Land Use Area-Comprehensive Plan Mr Preston, of the Planning Commission, asked for a delay of two weeks for information and update on the economic study from the former consultant, which he feels is essential to a decision Discussion was held regarding multi- zoning and taxation Mrs Snow spoke in opposition to using the previous consultant MOTION by Mrs Turner "I move that Counci 1 grant a 2 week extension to the Planning Commission, that it not authorize funds for a study, that after that 2 week period if it is not brought promptly to the Council for a Public Hearing that Council hear it without recommendation, if it can't get one from the Planning Commission, seconded by Mrs Cavarra, carried 6-0 Appointments to Police Advisory Committee from District I and District IV MOTION by Mr Donaldson to reappoint Arthur Gardner, 7035 W 37th Avenue, to the Pol i ce Advi sory Commi ttee from Di stri ct I, seconded by Mr Pepe, carried 6-0 MOTION by Mr Lewman to reappoint Charles Hahn, 4061 Field Drive, to the Police Advisory Committe from District IV, seconded by Mr Donaldson, carried 6-0 MOTION by Mr Pepe that Robert Foulk, 3920 Hoyt Street, be reappointed to the Police Advisory Committee as the Mayor's representative, seconded by Mayor Phillips, carried 6-0 ADJOURNMENT The meeting adjourned at 11 05 P m Item 15 --> --4--/ / c - /~:-: tel 7 C-;I5/ bh<9 Carol F Hampf, City Clerk CFH fg chj APPROVED _? /~ r /J17 r lC(J-- ,