HomeMy WebLinkAbout12/13/1976
MINUTES
December 13, 1976
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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
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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
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