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HomeMy WebLinkAbout09/17/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO ____ Septemb~--.lZ, 1979 The September 17, 1979 Regular City Council Meeting was convened by Mayor Phillips at 7 30 P m Councilmembers present Mary Jo Cavarra, Anthony N Flasco, Gary Lewman, Louise F Turner, and Ray C Pepe Also present City Clerk Carol F Hampf, Treasurer James t.1a lone, City Attorney Ed Lambert, Depa rtment Heads Douglas Hilyard, Leonard Smith, Charles Stromberg and interested citizens APPROVAL OF MINUTES MOTION by Mrs Turner to approve the Minutes of September 10, 1979, seconded by Mr Pepe, CARRIED 6-0 PUBU C COM~1ENT No one spoke under Public Comment PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Scheduled to be heard later in the evening, at applicant's request Item 2 Application by Stephen V Williams, Jr , for approval of a 3-10t Minor Subdivision on property located at approximately 12300 West 38th Avenue (Case No MS-79-3) (Deferred from 8/27/79) Mr Stromberg gave the Staff report Exhibits were submitted into evidence The applicants were present Council discussion involved the lateral irrigation ditch, the private road, the cul-de-sac, and Cable TV AMENDED MOTION that Minor Subdivision 79-03 be approved with the following additions to the comments that the road be allowed to be kept in gravel unless the owners decide other- wise, that the center of the cul-de-sac may be landscaped if the owners so choose, that a five foot access easement be granted for the preservation of the irriga- tion ditch running north to south on the east side, and that easements be drawn up wherein Lot 1 guarantees perpetual access via a private drive to Lots 2 and 3, and Lot 2 guarantees access for Lot 3, such easements to be recorded with the County Cl erk and Recorder Further move that it be i nc 1 uded on the Pl at undpr "We do by these presents grant and ded i ca te etc" We further move that Cable Television or Pay Television be required to obtain a franchise or permit to operate within the City of Wheat Ridge prior to installation of their facilities in this Subdivision" Original Motion by Mrs Turner, seconded by t~rs Cavarra Amendment by Mr Lewman, seconded by Mrs Turner, amendment carried 4-2 with Mr Flasco and Mr Pepe voting NO Motion as amended carried 5-1, with Mr Flasco voting NO Motion to table by Mr Flasco, for one week to refer back to all agencies that have not been checked with, seconded by Mr Donaldson, failed 3-3 with Councilmembers Cavarra, Lewman and Turner voting NO Item 3 Ordinance No 358 - Amending Article IV of Chapter 2, Section 2-24 of the Code of The City of Wheat Ridge, Colorado Ordinance was introduced on second reading by Mr Donaldson, the title read by the Clerk t1r Stromberg reported that the Planning Commission felt the 3D-day limitation included in the ordinance was too short a time due to their restrictions on advertising for Public Hearings AMENDED MOTION that Ordinance No 358 be adopted on second reading and published with the following amend- ments Sec 2-24 (a) In line 11, the word 'establishing' has been mistyped and should be 'established' In line 13, after 'transportation' add 'pre- vention of pollution' At the end of line 18, the sentence beginning with 'If the City Council 'should be deleted and the following sentence put in its place 'No such amendment shall be final until acted upon by the City Counci 1, whi ch may approve, amend or deny such recommenda ti on in whole or in part following public hearing' (b) shall remain unchanged (c) shall be deleted as written in the Code and replaced with the following 'Any ordinances which will amend the zoning provisions of the Code of the City of Wheat Ridge may be referred to the Planning Commission by City Council at its discretion or may be acted upon by City Council without such recommendation This pro- vision does not apply to any Rezoning of land I (d) (e) (f) (g) (h) (i) shall remain as in the Code (j) consisting of 3 paragraphs shall be as CITY COUNCIL MINUTES September 17, 1979 Page -2- written in this Ordinance as as approved on first reading" Original Motion by Mr Donaldson, seconded by Mrs Turner, amending motion by Mrs Turner, seconded by Mrs Cavarra (The vote on this Ordinance was taken at a later time in the meeeting in order that the City Attorney might have time to study the amendment Voting at that time was 6-0 on the amendment and 6-0 as amended Item 1 Ordinance No 359 - For the approval of a Change of Zone from Residential-Two-rR-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 Mr Stromberg gave Staff comments and submitted exhibits Maurice Fox, Attorney at Law, 4315 Wadsworth, who is also one of the owners and applicant, explained that he intends to build an office building on the land, if the rezoning is granted MOTION by Mr Donaldson that Ordinance No 359 be approved on second reading for the following reasons 1 RC-1 Zoning and the stated use as proposed are compatible with the surrounding land use and zoning, 2 With the change as proposed for this Comprehensive Plan, this zoning will be consistent with the Comprehensive Plan for this area, 3 Planning Commission has recommended approval, seconded by Mrs Turner, CARRIED 6-0 MOTION by Mr Lewman that a Public Hearing be set for the Planning Commission so that they can make a recommendation for a Convenience Commercial or Office/Residential Land Use, be included in the Comprehensive Plan, seconded by Mrs Turner, CARRIED 4-2 with Messrs Flasco and Pepe voting NO ORDINANCES ON FIRST READING Item 4 An Ordinance providing for the approval of Rezoning from Residential- One (R-1) to Residential-Two (R-2) for land located at approximately 8490 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colordo (Case No WZ-79-12) Ordinance was introduced by Mr Lewman, numbered 361 and the title read by the Clerk t~OTION by Mr Lewman "I move thatordinance No 361 be adopted on first reading and ordered published, that a Public Hearing be set for Monday, October 8, 1979, at 7 30 pm, in City Council Chambers at 7500 W 29th Ave, Municipal Bldg , 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 Item 5 An Ordinance amending Section 1, Appendix A, Zoning Ordinance, of The Code of The City of Wheat Ridge, Colorado, by the addition of Subsection F, pertaining to the Procedure for Correcting Errors in The Official Zoning Map Ordinance was introduced by Mr Pepe, numbered 362 and the title read by the Clerk After discussion regarding the content of the Ordinance, it was de- cided to put this on the October 1st Study Session for further discussion DECISIONS, _RESOLUTIONS AND MOTIONS Item 6 Decision on New Class G - Hotel & Restaurant Liquor License With Extended Hours - for Top's Coffee Shop, 4300 Wadsworth Boulevard, Wheat Ridge, Colorado (Dewey Dutton) (Deferred from 9/10/79 No further testimony will be taken) Deferred Motion from September 10, 1979 Meeting was read by the Clerk --JVJOTION by Mr Lewman "I move that the Application for a New Class G Hotel & Restaurant License With Extended Hours for Top's Coffee Shop, located at 4300 Wadsworth Boulevard, Wheat Ridge, Colorado, be approved for the following reason That it is apparent that the needs of the neighborhood are not being completely served by the existing establishments", seconded by r~rs Cavarra MOTION FAILED 2 in favor, 2 voting NO and 2 abstaining, Mrs Turner and Mr Donaldson abstaining because-- Mrs Turner was not present for the entire hearing and Mr Donaldson not present for any of the hearing, Mr Pepe and Mr Flasco voting NO because they felt the needs of the neighborhood are currently being met by existing establishments in the area The applicant's attorney, A E Anderson, requested that the matter be reheard due to the absences Following Council discussion, r~~sco MOVED the matter be brought back -~ CITY COUNCIL MINUTES September 17 1979 Page -3- up for reconsideration, seconded by Mrs Turner, carried 4-2 with Mrs Cavarra and ~1r Pepe voting NO MOTION by Mrs Turner that the absent Counci 1- members be allowed to hear the tapes and the hearing be reopened next Council Meeting for questions from those Councilmembers only and then a vote be taken, seconded by nr Flasco, carried 4-2, Mrs Cavarra and Mr Pepe voting NO Item 7 Additions/Deletions to Active Vendor's List (auditing firms) for Annual Audit (James Malone, City Treasurer) (Deferred from 9/10/79) MOTION by ~lr Flasco that City of Wheat Ridge go out for bid and that anyone who wishes to bid may be allowed to do so, seconded by Mr Pepe, carried 4-2 with Mrs Cavarra and Mr Lewman voting NO, Mr Lewman stating that we have had the same pool of knowledge in our auditors for a long period of time Item 8 Motion to approve Parfet Industrial Park Final Development Plan and Plat (Case No WZ-78-8) as per Court Order MOTION by t~r Donaldson "I move that Cases r"1S-78-01 and WZ-78-8, which provide for approval of a 3-10t minor Subdivision and approval of a Final Development Plan and Plat on land located at approximately 5190 Parfet Street, be approved, provided that the water tap he testified to in the public hearing be activated as a condition of this case The reason for this approval is to maintain compliance with a Court Order issued by Civil Action No 79CV1175 on August 22, 1979 by Judge t~i chael Vi 11 ano", seconded by ~1r Pepe t10TION by ~1r Donaldson to table this motion until after discussion of possible appeal at Executive Session, seconded by t~r Lewman, carried 6-0 MOTION by Mr Lewman for Executive Session to be held just prior to adjournment, seconded by ~1rs Turner, carried 6-0 Following Executive Session the Councilmembers voted on t1r Donaldson's original motion, carried 6-0 Item 9 Planning Commission Recommendations regarding (1) Proposal to Amend the Zoning Ordinance, Section 24 B I A relating to excavation and deposit control, and (2) Proposal to amend this Comprehensive Plan by adding an Agricultural Land Use classification Mr Stromberg reported that the Planning Commission had voted at a Study Session by a vote of 6-1, that they recommend there be no change in the Ex- cavation and Deposit Control Ordinance Council, however, requested an Ordinance Revision be placed on the Agenda for First Reading September 24th Mr Stromberg reported that the Planning Commission had tabled, for further discussion, the amendment to the Comprehensive Plan by adding an Agricultural Land Use classi- fication ~10TION by Mr Lewman that Counci 1 put a time 1 imi t on the Planning Commission decision and that it be made available for Council decision on October 15, 1979, seconded by r~rs Cavarra, carried 6-0 Item 10 Approval of repairs to diesel engine by International Harvester at cost of $6,200 (Account No 01-305-660) ~10TION by r~r Donaldson that the diesel engine be sent back to Inter- national Harvester on recommendation of Bob White, Shop Foreman, estimated cost of repairs is $6,200 to be paid from Account 305- 660, seconded by Mr Flasco, carried 6-0 Item 11 Decision concerning joint acquisition with Urban Drainage and Flood Control District of property at Southwest corner of West 38th Avenue and Miller Street for Lena Gulch Project (Appraisal is available in City Administrator/Mayor's office) t~r Lewman t'10VED that we parti ci pate to our proporti onate share for the Southwest corner of West 38th Avenue and Miller Street, based on the proposed appraised value by Blaine, Chase & Associates (S 1,950) , seconded by Mrs Turner, carri ed 6-0 CITY COUNCIL MINUTES September 17, 1979 Page -4- ~1rs Turner t~OVED that the subject of additional property acqui- sitions pertaining to Lena Gulch be also discussed during the Executive Session, seconded by Mr Lewman, carried 6-0 Decision on purchase of Word Processing Unit from Revenue Sharing Funds r10TION by Mrs Cavarra to authorize purchase of a Single Diskette 3M Word Processor at a cost of $6,750 from Accounts 19-115-802 and 19-302-843, seconded by t1r Lewman, carried 6-0 Item 12 Item 13 Set date for Appreciation Dinner for Boards, Commissions and Committees Members, at a cost not to exceed $2,500, and charged to Account No 01-610-712 MOTIOtJ by ~lrs Cavarra that we approve the tentative date of November 16th and the menu for the Boards and Commissions Dinner at a cost not to exceed $2,500 to be charged to Account 01-610-712, seconded by Mr Pepe, carried 6-0 Item 14 Concurrence of appointment of Mr Lowell Hutson to Regional Transportation District Board MOTION by ~lr Lewman that Wheat Ridge City Council go on record as concurring in the app intment of Lowell Hutson to the Regional Transportation DistriLt Board, seconded by Hr Flasco, carried 6-0 CITY ATTORNEY'S MATTERS The attornev stated that the City of Wheat Ridge had won the appeal on the Einarson Case, also, that we are in receipt of a lawsuit on the Browning Case COUNCILMEMBERS' MATTERS Item 15 Motion to designate Voting and Alternate Voting Delegates, Annual Congress of Cities, November 24-28, 1979, Las Vegas, Nev ~10TION by r"lr Pepe that Mrs Cavarra be the Voting Delegate and Mr Donaldson the Alternate at the Annual Congress of Cities Meeting, seconded by Mrs Turner, carried 6-0 Mr Lewman called attention to the Cable Television Report he had distributed to Council this evening and that the Federal Insurance Agency had taken favorable note of Wheat Ridge's actions to mitigate floods and would follow up to see how we progress Mrs Turner brought out that the Metro Sewer District Meeting is being held at the Municipal Building and also that there had been a communication from them requesting Planning Division input She also requested information be distributed to City Council regarding City Administrator's resignation, Annual Leave, when his pay terminates, a copy of advertisement for a new City Administrator, and where the advertisement is being run, and how many applications have been received to date t1rs Turner also brought up that a letter had been received from a Mrs Robinson regarding the 32nd and Union Open Space, and the petitions that had been circulated Whereas a decision has been made, she is wondering if there is some way to reconsider this It was brought out that a Public Hearing is being held Thursday at Planning Commission on a subdivision in process Therefore, further discussion until the public hearing is not warranted Executive Session was held ADJOURNMENT Meeting adjourned at 11 10 P m 1 /', ) ) I '-,/ L (: { ,c. ,____ /, (" .' / L / Carol F Hampf, City Cle~ CFH,fg , chj , APPROVED