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HomeMy WebLinkAbout12/13/1976 MINUTES December 13, 1976 ~rt\..-...t. I, (~/? p-- The~-nu~dred and fortY-5ixt.h regular meet.ing of the Wheat Ridge City Council was called to order by Mayor Frank Stites at 7 30 p.m. at 4355 Field Street. Councilmen present were Howard, Calvin Hulsey and absent.. Mary Jo Cavarra, Joseph Donaldson, Robert Louise Turner. Councilman Larry Merkl was Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Eli5e Brougham, City Treasurer James Malone, staff and interested citizens There being no corrections or deletions to the Minutes of 12/5/75, the Mayor declared they stood approved as published. Motion by Councilman Hu15ey "I move that Item 15. (pertaining to the wastewater treament facility proposed by Denver Metro Sewage District) be moved up t.o Item 5. under Public Hearings." Motion was seconded by Councilman Turner and passed 5-0. Item 1. wa5 a Hearing on an alleged liquor violation at t.he Rockette Bar at 10005 West 44 Avenue which occurred on 10/8/75. The owner of the liquor license Ronald J. Hood was present and was represented by Mr. Dale Helm, attorney of 10898 W. 30 Place. Court Report Ruth Carsh was present and took down the proceedings. The applicant admitted the allegations made and that there had been a violation of the Colorado Liquor Rules and Regulations. Mr. Helm stated the employee involved had been dismissed and that the bar clock has been moved ahead 15 minutes to insure that all drinks would be cleared before 2 a.m. in the future. He requested that the Council renew the liquor license for Rockette Bar also. Motion by Councilman Turner "I move that the lissnse of Rockette Bar be renewed for 1977 because there has been no violation of the Liquor Code on the premises during 1976." Motion was seconded by Councilman Cavarra and passed 4-1. Councilman Howard voted "nay." Motion by Councilman Turner "I move that Council find that a violation of the Colorado Liquor Regulations did occur at the Rockette Bar on 10/8/75 at 2 03 a.m. in that liquor and/or beer glasses had not been cleared by 2 03 a.m. and that this violation has been admitted by counsel for the Rockette Bar. I further move that the liquor license of this establishment be suspended and the premises be closed for 72 hours beginning at. 12 noon on December 14, 1975 and that. the City Clerk's Office give proper notice." Motion was seconded by Councilman Cavarra. Motion to Amend by Councilman Hulsey be closed 48 hours starting the same seconded by Councilman Donaldson and and Turner voted "nay." "I move that the Rockette Bar day (12/14/75.)" Motion was passed 3-2. Councilmen Howard Question was called on amended Motion and passed 5-0. Item 2. was a Public Hearing on the Annexation No. 4 located between 3900 and 4200 blocks on Youngfield St. and the zoning of the property to Agricultural-One and Planned Commercial Development. Denni5 Zwagerman, Director of Community Development stated the frontage on Youngfield is to be zoned PCD and the rest of the property would be A-I as recommended by the Planning Commission. He st.ated this would just be zoned PCD but no development would occur until an preliminay and final plan would be approved and presented by Jefferson Transit ~iix Co. MINUTES - 12/13/75 - Continued -2- Councilman Cavarra questioned the procedure of zoning land without a plan and that by law 90 days is allowed to zone the land after the effective date of the annexation ordinance. Motion by Councilman Cavarra "I move that no action be taken to rezone the property until after the annexation action has been completed." Motion was s8conded by Councilman Donaldson and passed 5-0. Public Comment was made by Joann Garrett of 12537 W. 38 Drive who had a petition signed by property owners in the area who were against rezoning the land at this time. She did not turn in the petition due to the above motion. W.F. Moses of 54 S. Florida Way stated he represented Adolph Coors Co. who owned some of the property in question and that the company had no objection to the annexation. Motion by Councilman Cavarra "I move that Council make a finding showing that Annexation No. 4 located between 3900 and 4200 block on Youngfield is a tract of land that has been contained and located within the corporate boundaries of the City of Wheat Ridge, Colorado for a period of more than three years, and that this land is eligible for annexation under 31-12-105 of the Colorado Revised Statutes, subsection 1." Motion was seconded by Councilman Hulsey and passed 5-0. Item 3. was renewal of the liquor license for Pavilion East Restaurant at 4715 Kipling and change of corporate officers. Mr. Donald Morris was present who was president of the corporation and stated his wife Dorothy Morris is the new officer and that he had bought out the interest of the former officer and stock holder A.M. Bernhardt. Motion by Councilman Donaldson "I move that Council approve the renewal and change to Class T Tavern Liquor license for Pavilion East Inc. dba Pavilion East Restaurant and Lounge. I further move to approve the change of corporate officers and stock ownership for Pavilion East Inc." Motion was seconded by Councilman Hulsey and passed 5-0. Item 4. was renewal of 3.2 beer licenses for 4 locations. Motion by Councilman Cavarra "I move that Council approve the renewal of the Class J1 3.2 beer licenses for Kipling Self Service at 4075 Kipling St., Hillcrest Country Market at 7585 W. 44 Avenue, Ridgeview Supermarket at 9005 W. 44 Avenue, and Safeway Stores Inc. #302 at 10050 W. 38 Ave." Motion was seconded by Councilman Donaldson and passed 5-0. Item 15. was Resolution No. 482 which was introduced by Councilman Howard and read stating the City'S opposition to the construction of a wastewater treatment facility in the area of W. 40 Ave. and I-70 and recommending the location recommended by DRCOG to be used instead at W. 52 Ave. and Federal Blvd. Public Comment was made by Mr. Lyle Bush sopke on behalf of Adolph Coors Co. and stated the company was in favor of the location of the plant as proposed at 40th & Youngfield. The following people spoke in opposition to the location with reasons given that it was too close to residential areas since there would be an odor from the plant and for the reasons outlined in the City's resolution which they were in agreement with Patricia A. Stromeyer of 10900 W. 39 Place, Marsha L. Mushno, Carol L Douglas, Clyde R. Young, Eleanor Stohl of 12215 W. 42 Ave., Ken Hall of 11301 W. 44 Ave., Janice Thompson of 12290 W. 42 Ave., Martha Kenning of 4200 Xenon St., Tom Clinger of 11735 W. 38 Ave. and Kay Schultz of 4315 Xenon who presenteD 4 pages of petitions of citizens who had signed in opposition. MINUTES - 12/13/76 - Continued -3- Motion by Councilman Turner. "I move to amend the Re5olution in the 5econd 'Wherea5' paragraph to change the word 'of' after the word 'locatio~ to 'near'''. Motion wa5 5econded by Councilman Cavarra and passed 5-0. She also made a motion to delete the wording "and freeway view" from the seventh paragraph but it died for lack of a second. Motion by Councilman adopted as written." passed 5-0. Turner "I move that Resolution No. 4B2 be Motion was seconded by Councilman Howard and Council adjourned for a break and held an Executive Session on land acquisition. The meeting was reconvened. Ordinance No. 222 annexing the property located between the 3900 and 4200 blocks on Young field Street (see Item 1. Public Hearing) was introduced by Councilman Howard and the title was read. Motion by Councilman Howard "I move that Ordinance No. 222 be passed on first reading and order it published and posted." Motion was seconded by Councilman Cavarra and passed 5-0. Councilman Cavarra voted "aye", Councilman Donaldson voted "aye", Councilman Howard voted "aye", Councilman Hulsey voted "aye", and Councilman Turner voted "aye." Councilman Merkl was absent. Item 5. was Ordinance No. 223 amending Ordinance No. 34 Tree Maintenance and regulation was introduced by Councilman Turner and the title was read. Motion to Amend by Councilman Howard 'and/or other plants' in Section 1 and by Councilman Hulsey. "I move to strike the words Section 3." Motion was seconded Motion to Amend following words word 'trees'''. Amendment by Councilman Cavarra "I move to add the 'shrubs, vines and hedges' in Section 3 after the Motion was seconded by Councilman Turner and passed 5-0. Question was called on amended amending Motion and passed 5-0. Motion by Councilman Turner "I move that Ordinance No. 223 as amended be approved." Motion was seconded by Councilman Cavarra and passed 5-0. Councilman Hulsey voted "aye", Councilman Turner voted "aye", Councilman Cavarra voted "aye", Councilman Donaldson voted "aye" and Councilman Howard voted "aye." Councilman Merkl was absent. Item 6. was Ordinance No. 224 introduced by Councilman Cavarra providing for the operation and licensing of pawnbrokers and pawnshops. The title was read. Motion by Councilman Cavarra "I move Ordinance No. 224 be approved and published on first reading." Motion was seconded by Councilman Hulsey and passed 5-0. Councilman Turner voted "aye", Councilman Cavarra voted "aye", Councilman Donaldson voted "aye", Councilman Howard voted "aye", and Councilman Hulsey voted "aye." Councilman Merkl was absent Item 7. was a Securi~~\agdinance scheduled for first reading. City Attorney Fox stated the ordinance must be amended for the provision of proficiency testing of firearms of the employees of the security guard companies. Motion by Councilman Donaldson "I move to table this matter for further study." Motion was seconded by Councilman Hulsey and passed 5-0. Item B. was Ordinance No. 225 adopting the Code Book of the City of Wheat Ridge which codified the ordinances of the City. The Ordinance was introduced by Councilman Donaldson and the title was read. Motion by Councilman Donaldson "I move for the adoption of Ordinance No. 225 of first reading and order it published and posted." Motion was seconded by Councilman Hulsey and passed 5-0. Councilman Donaldson voted "aye", Councilman Howard voted "aye", Councilman Hulsey voted "aye", Councilman Turner voted "aye" and Councilman Cavarra voted "aye." MINUTES - 12/13/75 - Continued -4- Item 3.wa5 award of bid for the traffic signal installation at Three Acre Lane and Wadsworth Blvd. The bid preparation had been made by CH2M Hill Co. Motion by Councilman Cavarra "I move that the lowest and best bid be awarded to Accurate Electric Inc. at 5790 W. 29 Ave., Denver Co 80214 for all labor and materials as specified for the installation of a traffic signal at the intersection of Wadsworth Blvd. and 3 Acre Lane at a cost of $10,314.00 to be charged to Account 541.00." Motion was seccrded by Councilman Hulsey and passed 5-0. Item 10. was award of bid for traffic signal maintenance contract for the year 1977 through 1979. Motion by Councilman Howard "I move the traffic signal maintenance contract be awarded for a 3 year period from January 1, 1977 to December 31, 1979 to Accurate Electric at 5790 W. 29 Ave. because the operating business and costs is within the City of Wheat Ridge, for a monthly base cost of $554.00 to be charged to Account 1-302-778." Motion was seconded by Councilman Turner and was DEFEATED 3-2. Councilmen Donaldson, Hulse} and Cavarra voted "nay." Motion by Councilman Donaldson "I move that the lowest and best bid be awarded to Howard Electric Co. at 6701 W. Alameda, Lakewood, CO for traffic signal maintenance contract for a total of $503.00 base cost per month to be charged to Account 1-302-778." Motion was seconded by Councilman Hulsey and passed 3-2. Councilmen Howard and Turner voted "nay." Item 11. was award of bid for purchase of portable radios for the Police Dept. A 10% discount is given for the puchase of 6 or more, and 2 can be purchased from the 1976 budget, and the remaining will be purchased out of the 1977 budget. Motion by Councilman Cavarra "I move that the lowest and best bid be awarded to Mile Hi Communications at 1970 S. Navajo St., Denver CO 80223 for 7 Redicom-VHF-UHF-XF617B portable two-way radios for a cost not to exceed $577.35 each for a total of $4041.45 to be charged to Accounts 421.42 -$1154.70, 203-809 - $1154.70 and 202-809 - $1732.05 with the stipulation that no more than 2 radios be purchased from the 1976 budget." Motion was seconded by Councilman Turner and passed 4-1. Councilman Howard voted "nay." Item 12. was acceptance of deeds which had been accepted by the Planning Commission. Motion by Councilman Cavarra "I move th~Council accept the deeds listed as Deed No. 100 for property at 45th & Everett. Deed No. 101 for property at 46th and Robb. Deed No. 102 for property at 45th & Vance. Deed No. 109 for property at 32nd & Kipling (NE corner). Deed No. 111 for property at 12225 W. 35 Ave. Deed No. 110 for property at 4850 Ward Road contingent upon securing proper acknowledgement." Motion was seconded by Councilman Donaldson and passed 5-0. Item 13. was adoption of Lena Gulch alignment alternative at the Red Barn as recommended by Wrig~McLaughlin Engineers. Councilman Turner stated that the property owners involved should be contacted and be in agreement with the plan. Motion by alignment January." Councilman Turner "I move that the adoption of the final on Lena Gulch from Stations 20.00 to 40.00 be tabled until Motion was seconded by Councilman Cavarra and passed 5-0. Item 14 was request to pay an overrun cost to Pahl & Assoc. and Landplan Design Group for reimbursible expenses as allowed in Lheir agreements. Motion by Councilman Cavarra "I move Council approve the expenditure of $240 39 to Pahl & Assoc. for reimbursible expenses and $22.05 to Landplan Design Group for reimbursible expenses to be charged to Account 410.56." Motion was seconded by Councilman Donaldson and passed 5-0. MINUTES - 12/13/75 - Continued -5- Item 15. was Resolution no. 483 introduced by Councilman Turner petitioning the Westridge SanitaLion Di5trict to reque5t a rehearing before the Metro Sewage District to allow installation of a sewer line through Wheat Ridge Park. The resolution was read. Motion by Councilman Turner "I move that Resolution No. 463 be approved." Motion was seconded by Councilman Hulsey and passed 5-0. Item 17. was Resolution No. 484 introduced by Councilman Turner and read which provided for appropriation adjustments for various accounts in departments. Councilman Howard asked why there was such an increase in the vehicle maintenance costs and a detailed report was attached to the resolution. Councilman Howard also objected to items that were budgeted in the resolution that were not in the original 1976 budget. Motion by Councilman Howard "I move in Account 440.42 the cost for the hoist and the gas pump canopy be deleted and in Account 450.42 that $4500 for an Epoke and $2000 for a snow plow be deleted." Motion was not seconded and DIED FOR LACK OF A SECOND. Motion by Councilman Turner "I move that Resolution No. 484 be approved." Motion was seconded by Councilman Cavarra and passed 4-1. Councilman Hulsey voted "aye", Councilman Turner voted "aye", Councilman Cavarra voted "aye", Councilman Donaldson voted "aye" and Councilman Howard voted "nay." Item 18. was appointment of a representative to the Policy Committee of the Colorado Municipal League. No member of Council expressed a desire to serve and Mayor Stites re-appointed Mary Jo Cavarra to the Committee who stated she would remain on the committee if no one else wanted it. Item 19. was acknowledgement of the City'S receipt of anti-recession funds under Title II for $6905. Item 20. was a sample resolution prepared by the City Attorney at the request of Councilman Howard to provide a means for the city to charge property owners for the installation of curb, gutter and sidewalk in the city. Several Councilman questioned whether this was fair since the City had in the past installed sidewalks and did not bill the property and that a criteria should be used if this policy were to be implemented. Citv Attornev Fox asked Council for guidance regarding the Denver Water Board's reply that they do not wish to completely redo the surfacing of W. 35 Ave. where their project was installed. He stated the contract states reconstruction of the road can be made to the specifications of the municipality involved. Several members of Council expressed dissatisfaction with the present reconstruction of the street and directed the City Attorney to determine if there was~reasonable case to pursue this and if there were legal grounds to have the street at current specifications or if the contractor could leave it "as is." Citv Attornev Fox stated the Hart Estate had been placed on the Colorado Register for ~~s~~rical Places and with this designation the City can use open space. Por purchase of structures with proper Council authorization. Mavor Stites stated Councilman Merkl would like the Council to discuss allowing city employees to take first aide courses which will be offerred by the Fire Dept. This was schedjled for 12/20/76. Councilman Turner had read the report; on the Colorado Fnergy Conservation Plan and had been requested to attend the meetin~ to be held on 12/16/7b. She gave a summary of what was in the plan and Council agreed for her to endorse the plan as Wheat Ridge's representative. MINUTES - 12/13/75 - Continued -0- Item 21. W~~ ~ report from the Council Street Improvement Committee MeeLing of 12/7/76. AL th~L meeting it h~d been diBcuBBed the overrun of Lhe amount authorized Lo KKONA Lo do Lhe drain~ge projects known as PW-76-2A,B and C. The City Council had authorized the work on 5/24/76 for alternates B on each project which inu1ved an added cost but no expenditure had been authorized at the same time. The City Attorney recommended that council pay the added expense of $12,500 making the total cost for the projects in the amount of $48,000. Councilman Cavarra questioned why the Council had not been informed of the added cost of Alternate B and felt the Council was not obligated to pay it if the amount had never been approved. It was agreed to defer the matter until 12/20/76 for action. Item 22. was a request of the Planning Commission to retain a consultant to study noise and traffic matters. Gary Lewman, Planning Commission Temprary Chairman stated this had come up from a lengthy hearing on a zoning case where much expert testimony had been given by the applicant. Mayor Stites requested that the Planning Commission be more specific in the scope of work to be hired. Item 23. was a request by the Planning Commission to retain a consultant for the zoning map study and that they be the hiring and monitoring body over the consultant. Council agreed to schedule this 12/20/76 for action. Item 24. appointment of replacement to the Police Advisory Committee was deferred until 12/20/76. Item 25. appointments to the Mass Transit Committee was deferred until 12/20/76. Motion by Councilman Turner "I move that if ther~re Public Hearings scheduled for the meeting of 12/27/76 that we hold the regular meeting, but if there are none, that the meeting be cancelled." Motion was seconded by Councilman Cavarra and passed unanimously. Meeting was adjourned at 12 10 a.m. Elise Brougnam, City Cierk APPROVED -, '7:/f"I') , ,/ (x -~ , i i , /".k