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HomeMy WebLinkAbout10/08/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO October 8, 1979 The October 8, 1979 Regular City Council Meeting was convened by Mayor Phillips at 7 35 P m Councilmembers present Mary Jo Cavarra, Joseph M Donaldson, Anthony R Flasco, Gary L LevMan, and Louise F Turner Ray C Pepe arrived at 7 30 p m Also present City Clerk Carol F Hampf, City Attorney Ed Lambert, Department Heads Richard Bredt, Douglas Hilyard, Ed Pinson and Charles Stromberg, and interested citizens APPROVAL OF tWIUTES MOTION by Mr Donaldson to approve the Minutes of September 24, 1979 as printed, seconded by Mrs Turner, carried 5-0 MOTION by Mrs Cavarra to hold Executive Session at the close of the meeting, on personnel matters, seconded by Mr Lewman, carried 6-0 (At a later time in the meeting Mrs Cavarra stated that the City Attorney would like to look into this matter and bring it up at a later meeting Council agreeed Executive Session was not held ) PUBLIC CO~l~lENT Victor Siverts, 4020 Brentwood, stated he is Chairman of an ADSCHOC committee of seniors interested in a Senior Citizens Center They had looked at a building at 38th and Dudley and one at 35th and Marshall They found the 35th and Marshall site almost ideal Selling price is $375,000 and they asked Council to look into the purchase of it PUBLIC HEJ\PINGS AND ORDHlANCES ON SECOND READING Public Hearing re General (Operating) Sales Tax Improvements, Park Acquisition, Conservation Trust, and Revenue Sharing Budgets for the 1980 fiscal year for the City of Wheat Ridge (Deferred from September 24, for decision) Mr Hilyard called attention to the Summary of Budget Changes requested by Council at Budget Study Session and asked if there were any additional recom- mendations /10TION by ~lr LevMan "I propose that the training money removed from the Clerk's budget be restored at the 1979 level as was done wi th a 11 other departments", seconded by /~rs Turner, carri ed 6-0 I tern 1 MOTION by 1.1r Lewman "I propose that the $60,000 budgeted for viest 44th Avenue this year be added to approximately half the Contingency reserve for a total of $300,000 This would be budgeted in 1980 in Accounts 01-303-879, West 44th Avenue Repairs/Reconstruction, and 31-303-840, Street Improvements West 44th Avenue (carry-over project) This would leave a balance in Contingency reserve of $236,226", seconded by t.1rs Cavarra It \<Jas decided to defer the vote until after discussion of other Budget items MOTION by Mr Donaldson to include in the 1980 Budget a reserve of 7% of salaries for additional salary increases and this adjustment sum be put into one lump sum account, seconded by r1r Fl asco /10TION TO AMEND by Mrs Turner that the 7% be placed in the individual departmental budgets, seconded by Mr Pepe MOTION TO AMEND failed 3-3 with t.lrs Cavarra, ~1r Flasco and /1r Donaldson voting no ORIGINAL r.10TION fai led 3-3 with t'1rs Cavarra and I1r Pepe and I'ir Lewman voting no After discussion on available monies for salary increases, staff was asked to prepare documentation showing the effects of increases of 7,8,9, and 10 percent for next week's meeting It was decided to defer the vote on 44th Avenue until after decision on salaries next week - CITY COUNCIL MINUTES October 8, 1979 Pg -2- ~10TION by rvlrs Turner that since repair work is needed on the two buildings at Historical Park, the $5,000 budgeted for a showwagon be deleted and added to the $15,000 now budgeted for Berbert House and then that item be expanded to read "Berbert House and Historical Park repairs", seconded by Mr Lewman, failed 2-4 with t'lrs Cavarra and Mr Donaldson, Mr Flasco and Mr Pepe voting No MOTION by Mrs Turner that the Berbert House account ($15,000) be expanded to include Historical Park repairs, seconded by Mr Flasco, carried 6-0 MOTION by Mrs Turner that the $168,000 added to Street Improvements (at the Study Session) be changed to $105,000 for Lena Gulch improvements and $63,000 for Streets seconded by Mrs Cavarra, failed 3-3 with Councilmembers Donaldson, Flasco }nd Pepe voting No since there is already $895,000 in Lena Gulch and it woulJ be hard to spend that much, and the Street Program is behind and needs the Iiloney MOTION by Mrs Turner that of the $168,000, $55,000 be used for Lena Gulch and the balance go to Streets, seconded by Mrs Carra, failed 3-3 with Council- members Donaldson, Flasco and Pepe voting No MOTIor~ by t~r Lev/man that $100,000 for the Pool Cover be reinstated in the Budget, seconded by Mrs Turner, failed 3-3 with Councilmembers Donaldson, Flasco and Pepe voting No since there had been no indication of where the money would come from Item 2 Ordinance No 361 - 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 Colorado (Case No WZ-79-12 - Donald T Bergt) Mr Stromberg gave staff comments and introduced exhibits into the record and indicated that staff recommended denial Albert E Anderson, attorney repre- senting the applicant, and Donald T Bergt, applicant, were present for Mr Bergt's testimony and presented Petitioner's Exhibits A, B, F, C, I and D, which were photographs of the area, and Petitioner's Exhibit J, a copy of a petition of the immediately surrounding neighbors favoring the zoning change r~r Pepe moved that Case No WZ-79-12, a request for change of zoning from R-1 to R-2 on property located at 8490 W 44th Ave, be approved for the following reasons 1 This parcel is surrounded on h' 0 sid e s by R - 2 fa mil y, R - 2 z 0 n i n g 2 The r e w 0 u 1 d be no adverse impact on the neighborhood 3 The present use is R-2 and R-2 would be compatible with the area, seconded by tk Donaldson, failed 1-5 with Councilmembers Cavarra, Donaldson, Flasco, Lewman and Turner voting No Reasons for No vote were staff recommended denial, other houses may have facilities for "~lother-in-law" apartments and if one change is approved would have to approve all Mr Lewman moved that Ordinance No 361 relating to Case No I<JZ- 79-12, a request for change of zoning from R-1 to R-2 on property located at 8490 W 44th Ave be denied for the following reasons 1 The only predominate land use in the area south of W 44th Avenue and generally surrounding the subject property is single family residential 2 The Comprehensive Plan precedent has previously been set in cases WZ-79-16 and WZ-79-25 relative to increasing the densities in previously developed neighborhoods 3 The staff recommendation is to retain the existing zoning 4 The denial of this rezoning does not deny the applicant the use of his property in accordance with the existing zoning, and those associated regulations, seconded by Mrs Turner, carried 5-1 with Mr Pepe voting No CITY COUNCIL MINUTES October 8, 1979 Pg -2- ~10TION by fvJrs Turner that since repair work is needed on the two buildings at Historical Park, the $5,000 budgeted for a showwagon be deleted and added to the $15,000 now budgeted for Berbert House and then that item be expanded to read "Berbert House and Historical Park repairs", seconded by t~r Lewman, failed 2-4 with ~Irs Cavarra and Mr Donaldson, Mr Flasco and Mr Pepe voting No MOTION by Mrs Turner that the Berbert House account ($15,000) be expanded to include Historical Park repairs, seconded by Mr Flasco, carried 6-0 MOTION by Mrs Turner that the $168,000 added to Street Improvements (at the Study Session) be changed to $105,000 for Lena Gulch improvements and $63,000 for Streets seconded by Mrs Cavarra, failed 3-3 with Councilmembers Donaldson, Flasco Jnd Pepe voting No since there is already $895,000 in Lena Gulch and it would be hard to spend that much, and the Street Program is behind and needs the G10ney MOTION by Mrs Turner that of the $168,000, $55,000 be used for Lena Gulch and the balance go to Streets, seconded by Mrs Carra, failed 3-3 with Council- members Donaldson, Flasco and Pepe voting No MOTIor~ by t~r Lewman that $100,000 for the Pool Cover be reinstated in the Budget, seconded by Mrs Turner, failed 3-3 with Councilmembers Donaldson, Flasco and Pepe voting No since there had been no indication of where the money vlOU 1 d come from Item 2 Ordinance No 361 - 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 Colorado (Case No WZ-79-12 - Donald T Bergt) Mr Stromberg gave staff comments and introduced exhibits into the record and indicated that staff recommended denial Albert E Anderson, attorney repre- senting the applicant, and Donald T Bergt, applicant, were present for Mr Bergt's testimony and presented Petitioner's Exhibits A, B, F, C, I and D, which were photographs of the area, and Petitioner's Exhibit J, a copy of a petition of the immediately surrounding neighbors favoring the zoning change Mr Pepe moved that Case No WZ-79-12, a request for change of zoning from R-1 to R-2 on property located at 8490 W 44th Ave, he approved for the following reasons 1 This parcel is surrounded on t~o sides by R-2 family, R-2 zoning 2 There would be no adverse impact on the neighborhood 3 The present use is R-2 and R-2 would be compatible with the area, seconded by f'1r Donaldson, failed 1-5 with Councilmembers Cavarra, Donaldson, Flasco, Lewman and Turner voting No Reasons for No vote were staff recommended denial, other houses may have faci 1 i ti es for "t'10ther-i n-l aw" apartments and if one change is approved would have to approve all Mr Lewman moved that Ordinance No 361 relating to Case No ~IZ- 79-12, a request for change of zoning from R-1 to R-2 on property located at 8490 W 44th Ave be denied for the following reasons 1 The only predominate land use in the area south of W 44th Avenue and generally surrounding the subject property is single family residential 2 The Comprehensive Plan precedent has previously been set in cases WZ-79-16 and WZ-79-25 relative to increasing the densities in previously developed neighborhoods 3 The staff recommendation is to retain the existing zoning 4 The denial of this rezoning does not deny the applicant the use of his property in accordance with the existing zoning, and those associated regulations, seconded by Mrs Turner, carried 5-1 with Mr Pepe voting No CITY COUNCIL MINUTES October 8, 1979 Pg -3- ORDINANCES ON FIRST READING Item 3 Ordinance No 362 - Amending Section 1, Appendix A, Zoning Ordinance, of the Code of the Ci ty of Hhea t Ri dge, Colorado, by the addition of Subsection F, pertaining to the Procedure for Correcting Errors in the Official Zoning Map (Also see Substitute Ordinance) MOTION by Mr Pepe to amend the previously introduced Ordinance 362 with the substitute ordinance and that Ordinance No 362 be adopted on First Reading, ordered published, that a Public Hearing be set for Monday, October 22, 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 (Therefore, the previous Ordinance No 362 is withdrawn in favor of the Substitute Ordinance now numbered 362 ) Item 4 An Ordinance Enacting Provisions for Cable Television Systems in the City of Wheat Ridge, Colorado Ord i nance was introduced by t1r Lewman, numbered 365 and the ti tl e read by the Clerk rvjOTION by ~lr Lewman "I move that Ordi nance 'io 365 be adopted on first reading and ordered published, that a Public Hearing be set for Monday, October 22, 1979 at 7 30 pm, in the City Council Chambers at 7500 West 29th Avenue, Municipal Building, Wheat Ridge, Colorado, and that the Ordinance, if approved on second reading, take effect one day after fi nal publ i cati on", seconded by Mr Pepe, carried 6-0 DECISIONS, RESOLUTIONS AND MOTIONS Site Plan for New Fire Station as requested by Council on tlay 7, 1979 Mr Stromberg reported that the Fire District had asked that this be delayed as their architect wishes to review the Plan Item 5 Item 6 the City's contri- Ridge, Colorado, (Tabled from Budget Transfer Resolution appropriating funds for bution towards the Columbia Heights Library, Wheat and letter from William A Knott, Library Director September 24, 1979 ) Ben Chastain, 3250 Marshall, spoke stating that there had been some improve- ments at the Library site but not in the manner he felt was expected and that it appears thi s wi 11 be a nei ghborhood 1 i brary, not a Wheat Ri dge 1 i brary, and that they were being given "half a loaf" Resolution vias introduced by ~Jrs Cavarra, numbered 663 and the title read by the Clerk After discussion as to the expenditures, it was moved by Mrs Cavarra to Table the resolution for one week in order to as k ~lr Knott of the Library Board to be present, seconded by Mr Lewman, carried 6-0 Item 7 Resolution from the Wheat Ridge City Council to the Jefferson County Board of Supervisors stating the Council's position regarding the need for and financing of the Jefferson County Justice/Jail Complex Mr Lewman explained to Council that he had asked for this resolution to be put on the Agenda after the meeting with Westminster and that Council should determine if they wish to introduce the Resolution or not It was decided that they felt that they would not take any action on the Resolution Item 8 Preliminary Hearing for a Class G - Hotel & Restaurant Liquor License for Eartoni 's Time Square Restaurant, 4234-36 ~Jadsworth Boulevard, Wheat Ridge, Colorado ~1OTION by hr Pepe "I move that a Public Hearing be held on the application of Bartoni 's Time Square Restaurant, for a Class G -Hotel & Restaurant License - on November 19, 1979, and that the area for the neighborhood survey be at a I-mile radius", seconded by Mr Lewman, carried 6-0