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HomeMy WebLinkAbout08/27/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO August 27, 1979 The August 27, 1979 Regular City Council Meeting was convened by Mayor Phillips at 7 35 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 Treasurer James Malone, City Administrator John Jerman, City Attorney Ed Lambert, Department Heads Rich Bredt, Douglas Hilyard, Ed Pinson, and Leonard Smith, staff and interested citizens APPROVAL OF MINUTES MOTION by Mr Donaldson to approve the Minutes of August 20, 1979 as pri nted, seconded by Mrs Turner, CARRIED 6-0 PUBLIC COMMENT Dennis Floyd, 3265 Fenton, Linda Clark, 11305 West 44th Ave, Janice Thompson, 2290 West 42nd Ave, Claudia Worth, 4650 Oak Street, Jamie Hoffman, 4200 Xenon Street, spoke requesting Council consider the Police Department and merit service employees salary increases Lynn Hodges, 3870 Eaton, Kendall Gish, 3871 Eaton, Ernestine Williams, 11100 West 38th Ave, and W C Miller, 3905 Eaton Street, spoke requesting drainage improvements in the area of 39th and Eaton Ernestine Williams, 11100 West 38th Ave, asked that the area at 35th and Parfet not be filled in Since this is scheduled as a Public Hearing, she was asked to speak at that point in the Agenda PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Application by Stephen V Williams, Jr , for approval of a three- lot minor subdivision on property located at approximately 12300 West 38th Avenue (Case No MS-79-3) MOTION by Mr Donaldson "I move that Case No MS-79-3 (known as Frog Farm Minor Subdivision) be continued until September 17, 1979, at the applicant's request", secondedbyMr Lewman, CARRIED 6-0 Item 2 Ordinance No 350 - Providing for the approval of Rezoning from Agriculture-One (A-I) to Commercial-One (C-1) for land located at 4301 Kipling Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-79-14) The Ordinance was introduced on second reading by Mr Lewman and the title read by the Clerk Mr Gidley gave staff comments and exhibits were entered into the record It was decided that since this was a request for C-1 zoning rather than a Planned Commercial Development, the factor of this parcel be- coming a part of a larger parcel was not pertinent to this hearing Maurice Fox, 4315 Wadsworth, representing the applicant Mr Browning, requested the rezoning be approved since it meets with the Comprehensive Pian, it is sur- roundEd by C-1 on three sides and by a maj or hi ghway on the fourth side, it is compatible with the current land usage and has been recommended by the Planning Commission Council concerns involved if the present owner would dedicate accelleration/decelleration lanes required by the Highway Department, and if he would agree to a Development Agreement for curb and gutter along 43rd Avenue Mr Fox replied that his client has a Contract of Sale for a set amount of square footage and, therefore, could not accept any other agree- ments decreasing that amount There was no one in opposition MOTION by t'lr Pepe that Case \~Z-79-14, a request to rezone land located at 4301 Kipling Street, from A-I to C-1 be approved for the following reasons (1) Requirements for publishing, posting, and notification have been met, (2) This request is within the City of Wheat Ridge, therefore, there is jurisdiction, (3) This request for (-1 zoning is compatible with surrounding land use and zoning, three sides being C-1 and it would be the best use of this parcel, (4) Planning Commission has recommended approval -- seconded by Mr Donaldson, MOTION FAILED 3-3 with Councilmembers Cavarra, Lewman, and Turner voting NO, Mrs Cavarra stating she was voting NO because she believed the Staff's previous recommendation to the Planning Commission for denial was proper Mr Lewman voted NO because the applicant does not wish to comply with the Highway and curb and gutter requirements CITY COUNCIL MINUTES August 27, 1979 Page -2- MOTION by Mrs Cavarra that the City Council waive the one year waiting period if the applicant wishes to submit a Planned Commer- cial Development for the subject property for the larger area, seconded by Mr Donaldson, CARRIED 6-0 Item 3 Ordinance No 351 - Providing for the Rezoning of land from Residential-One (R-1) to Planned Residential Development (PRD) and approval of a Preliminary Development Plan on property located at 3470-3490 Parfet Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-79-13) The Ordinance was introduced on second reading by Mr Pepe and the title read by the Clerk Mr Gidley gave staff comments and exhibits were entered into the record Mrs Turner gave background on the dumping, and that the staff's interpretation to stay back from the channel area was in opposition to the interpretation of staying 50-feet back from the reedy area Edmund Schaefer, 12600 West 32nd Avenue, applicant, stated that this area is not located in the 100-year Flood Plan, that he has left more drainage area than is required Ernestine Williams, 11100 West 38th Avenue, spoke in opposition, that this is a natural drainage area and should not be filled in or built on MOTION by Mr Lewman that Ordinance No 351, a request for change of zoning from R-1 to PRD and approval of a Preliminary Development Plan on land located at 3470-3490 Parfet Street be approved with the following conditions (1) that the Development Regulations on the Plat be amended to read, (Item #2) No structure or fence shall be allowed within the limits of the 100-year flood plain and (Item #3) that that area lot 1 indicated as a "reedy area" may be used for grass and landscaping provided that no landscaping im- pedes the flow of the water to the drainage channel also indi- cated on the plat, and I would recommend this for approval for these reasons that the drainage problem has been met related to this parcel, it complies with the Comprehensive Plan, complies with all Planned Residential Development Regulations, Planning Commission has recommended approval, seconded by Mr Donaldson, FAILED 3-3 with Mrs Cavarra, Mr Pepe and Mrs Turner voting NO, Mr Pepe and Mrs Turner stating that the fill dirt placed there will cause problems After a 10-minute break, Mrs Turner MOVED for reconsideration of Item 3, Case No vJZ-79-13, seconded by Mrs Cavarra, CARRIED 5-1 with ~lr Pepe voting NO r~OTION by Mrs Turner that Case No WZ-79-13 be approved with the following amendments That the 2 lots on the south end of the property be amended to have 100-foot frontage each and that Lot 1, which would then encompass 171 28' along Parfet Street, not be built upon, and that the City in consideration of water storage situation, which is unique or peculiar to this property, and in consideration of the financial investment of the applicant, negotiate with the applicant for (1) outright purchase of Lot 1, or (2) purchase a scenic easement or development rights on Lot 1, seconded by Mrs Cavarra MOTION by Mr Flasco to defer this for two weeks so that the applicant can be informed and that he be furnished with a written copy of the previous motion, seconded by Mr Pepe, CARRIED 6-0 Item 4 Ordinance No 352 - Amending Chapter 9 of The Code of The City of Wheat Ridge, Colorado, by the addition of Article IV, Water- way Control Ordinance was introduced on second reading by Mrs Turner and the title read by the Clerk r'10TION by Mr Flasco "I move to adopt Ordinance 352", seconded by Mr Lewman Robert Williams, 4505 Everett Drive, said that people in his area come and dump things along Clear Creek on his private property and feels this Ordinance would require him to clean up their dumpings It was pointed out that there is a provision to call the City Code Enforce- ment Officer in such cases Motion to adopt the Ordinance CARRIED 6-0 CITY COUNCIL MINUTES August 27, 1979 ORDINANCES ON FIRST READING Page -3- Item 5 An Ordinance amending Article IV of Chapter 2, Section 2-24 of The Code of The City of Wheat Ridge, Colorado Ordinance was introduced by Councilmember Donaldson, numbered 358 and the title read by the Clerk Mr Donaldson MOVED that this Ordinance be approved on first reading and that this Ordinance No 358 be published and posted, that a Public Hearing be set for Monday, September 17, 1979 at 7 30 pm, in City Council Chambers at 7500 W 29th Avenue, Municipal Building, Wheat Ridge, Colorado and that the Ordinance, if approved on second reading, take effect 1 day after final publication, seconded by r.1rs Turner, CARRIED 6-0 Item 6 An Ordinance for the approval of a Change of Zone from Residential- Two (R-2), Commercial-One (C-1), and Agricultural-One (A-I) to Restricted Commercial-One (RC-1) for property located at 4465/4475 Kipling Street, City of Wheat Ridge, County of Jefferson, State of Colorado Ordinance was introduced by t~r Lewman, numbered 359, and the title read by the Clerk MOTION by Mr Lewman that Ordinance N0359 be adopted on first reading and ordered published, that a Public Hearing be set for Monday, September 17, 1979, at 7 30 pm, 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 publication, seconded by Mr Donaldson, CARRIED 6-0 Item 7 An Ordinance providing for the Rezoning of land from Residential- One (R-1) to Planned Residential Development (PRD) and approval of a Preliminary Development Plan on property located at 6475 West 29th Avenue, City of \tJheat Ri dge, County of Jefferson, State of Colorado (Case No WZ-79-25) Ordinance was introduced by Mrs Cavarra, numbered 360, and the title read by the Clerk ~lOTION by Mrs Cavarra "I move that Ordi nance No 360 be adopted on first reading and ordered published, that a Public Hearing be set for Monday, September 24, 1979, at 7 30 pm, in City Council Chambers at 7500 W 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 Pepe, CARRIED 6-0 DECISIONS, RESOLUTIONS AND MOTIONS Item 8 Request to modify premises and request to change Trade Name by Wheat Ridge Plaza, 7760 West 38th Avenue The applicants were present to answer questions James Erfurt, 7730 W 38th Avenue, stated that the name was to be changed to be more compatible with the modification of the restaurant theme MOTION by Mrs Turner that the request to expand, enlarge, or modify the premises of the restaurant, previously known as The Super Bowl and now to be known as Soc's, located at 7760 West 38th Avenue, be approved, seconded by Mr Donaldson, CARRIED 6-0 ~~_ Request of Henry Zarlengo to grade street access to his property from West 41st Avenue (Leonard Smith, City Engineer) H~arlengo, 37 Skyline Drive, explained that 41st Street is a dedicated street, but has not been developed At no expense to the City, he wished to cut the street through and use the excavated dirt to create a ramp onto his property Dick Howard, 11777 West 38th Avenue, representing Frances Howard and Theresa Jenks, spoke in opposition to the development of the street since it would be a large cut adjacent to the Howard and Jenks properties He would CITY COUNCIL MINL~ES August 27, 1979 Page -4- prefer a vacation of the street Phil Plummer, 10398 West 41st Avenue, and Frances Howard, 11777 West 18th Avenue, also spoke in opposition Council as ked i f r~r Zarl engo had app 1 i ed for a Dumpi ng Permit and if other access were available to the property MOTION by Mr Le~~an that action be deferred until proper documentation is received (1) Contour Map, (2) Request for Dumping Permit, (3) Map showing the FloodPlainArea, (4) That the map be re- checked by the engineer (Fenwick) -- seconded by Mr Donaldson, CARRIED 6-0 Item 10 Decision concerning School Crossing Guard renewal of Agreements with Parent-Teacher Groups of elementary schools in Wheat Ridge for 1979-1930 school term Mr Jerman explained that this Agreement encompasses the program in the same manner as last year with the City of Wheat Ridge providing the money and the schools handling the administration Prospect Valley School had requested that Wheat Ridge handle the entire program MOTION by Mr Donaldson that the program be the same as we have done in the past, seconded by Mr Pepe, Genie Merkle, representing Wilmore PTA Board, expressed their pleasure that Wheat Ridge plans to continue the program, Motion CARRIED 6-0 Item 11 Authorization for Mayor to execute Amendment to Intergovernmental Agreement - Jefferson Animal Shelter MOTION by r'1r Lewman that the Mayor be authori zed to execute the Amendment to the Intergovernmental Agreement regarding the Jeffer- son Animal Shelter, seconded by ~1rs Cavarra, CARRIED 6-0 Item 12 Approval of sharing costs of repairs to pavement at the inter- section of West 48th Avenue and Harlan Street and continuing to West 50th Avenue along Harlan Street with City of Denver Esti- mated Wheat Ridge share, $5,400, Account 31-303-800-840 MOTION by ~1r Lewman to authorize approval of sharing costs of re- pairs to the pavement at the intersection of West 48th to 50th Avenue along Harlan, with the City of Denver, Wheat Ridge share estimated at $5,400, to be charged to Account No 31-303-800-840 -- seconded by Mr Pepe, CARRIED 6-0 MAYOR'S MATTERS Item 13 Authorize payment to Faulkner-Kellogg & Associates, Inc , Consulting Engineers, for street inspection services ($6,814 86) Account No 31-303-800-840 MOTION by Mrs Cavarra that Counci 1 authori ze payment to Faul kner- Kellog & Associates, Inc , Consulting Engineers, for street in- spection services in the amount of $6,814 86, to be paid from Account No 31-303-800-840, seconded by Mr Lewman, FAILED 3-3 with Councilmembers Donaldson, Flasco and Pepe voting NO, Mr Flasco stating he has some legal questions about it Mayor Phillips asked Council to authorize cleaning out the 8-inch line to assist the 39th and Eaton Street drainage MOTION by Mr Flasco that the City be authorized to take whatever steps are necessary to alleviate the problem (including the legal prOblem) of drainage in this area, with the understanding that the property owners give written permission and absolve the city of all liabilities, seconded by Mr Lewman, CARRIED 6-0 This will only be a temporary, emergency "band-aid" repair and will not solve the drainage problem CITY ATTORNEY'S MATTERS The City Attorney requested a short Executive Session to hold an Executive Session as requested by the City by Mr Lewman, CARRIED 6-0 MOTION by Mr Flasco Attorney, seconded CITY COUNCIL MINUTES August 27, 1979 Page -5- COUNCIL ~1EMBERS' t1ATTERS f-L> (J,_r/~''0,t J~dJJ" &i.( MOTION by Mr Flasco that in the area behind the Pop ShoQ and M-ajcstic ~-'I i-n~-afHjl{la n (the area that has been causing a constant problem with drainage) the weeds be cut - provide a drainage ditch of some sort with a backhoe to direct that water as it had been in the past years, to provide a way of getting it out -- to try to alleviate the problem in that area-- get permission to be on the property, to cut the weeds, and bill whatever owners are necessary, seconded by Mr Pepe, CARRIED 6-0 MOTION by Mrs Turner that Council direct Staff to communicate with DRCOG and indicate that Council is in agreement with their pro- posal to amend the Open Space Plan to show Crown Hill as a Park, seconded by ~1r Lewman, CARRIED 6-0 Executive Session was held Meeting adjourned at 12 00 midnight ... 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