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
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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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