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HomeMy WebLinkAbout02/07/1977 I NL1T~ bI ^ -;q...,""'" H, \.nq 11' Al Li.:gc[i Li Jl:!' Vi'l,"ti'Jn Inv'llv n9 '';j IT" c,11e t'l CJT(iET '1' 5 '"\[J l' f" l'f' t +;p. ThF T'Esul t,e '1 r trE hc' jT' nn '''L1';: i".1,ti:1n L;y C'-)ljnr~il;nf!n Turner 1': lTI;l\jL th;-"d:. ~,hE r:tluncll rlKL the f,llCJwinc findIng lf fact, (1) A vi~I~liln dirl Exist, (~) ~lt Li U1r ~ rUrCh"lSE,d oy an individual under 21, (~) There is a discrepancy as tl LsstimC)ny regarding thv use C)f f~ls~ ID, (4) TheFl; ie, 8 rE)os'mable Lhubt as tn the testilT1'1ny 'If thhi ~JndEragL ~ndivLljuiJl, (5) The individual llJho purcha~'8d t.he halt Liquor was n:J~.!n tn have beEn carrying 1D cards D8'Jring dl ffET8nt ages. I furthf;r rnilVE th,Jt there Dr; no suspEnsion of the license 'If h8at Ridge Li,uors nd that. Mr. Palaze be instruct.Ed t'J reqUEst ID 'In all ~~rchasEB nd to 50 direct all his employees." Motinn was S2Ct1ndEd by Mr. Donaldson and passed 4-2, Councilmen CavarTa anD HOLJSrj:i va ting Nay. fU/ ell/.. I ThE: '~""hundR&d7fifty-fi fth regular ':;88ting of the ,JJheat Ridge. Cit' Council waE called to orde " ~ n" 'iO,';- ok 3ti tES at 7: "',0 p.m. 6t 4355 rield ~tr8et. Caurr Imen preSEnt were. Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl, and LQuise Turner. 1lsa present were City Administrator John Jerman, City Attorney VIFJurice Fox, City Clerk Carol Hampf, City Trf3asurer James Malone, staff, and interested citizens. Item 2. Resolution 493. Resolution Amending Resolution No. 475, Series of 1976, and providing for the receipt and expenditure of Funds from the Federal Government under Federal Grant Nl. 05-51-00150 (EDA), was introduced by Councilman Merkl and read by City Clerk. Matbn by Councilman Donaldson: "I move far the adoption of Reso- lution 493." Motion was sEconded by Councilman Hulsey and passed 6-0. There being no cQr~8ctions, the Minutes of January 31, 1977 and February 7, 1977 were approved as published. Item 3. Applicat.bn by Eugene Padon fCJr approval nf a t.hree -lot mimr subdivU91'1n located at approximately 11130 W 44th Ave. (Case No, MS-77-01. Mr. ShellEY presented the case, and Mr. Eugene radon was available for questiCJns. He stated that within the purchase CJntract, it is set up to cCJme before the Council to try to Re-zone to a suitable zoning, probably C-1. Motion by Councilman Merkl: "I ,love that a decision on this case be tabled fa::: tWfJ hJ8eks for a d~cision." Motion was seconded by Councilman Cavarra and passed 4-2, Councilmen Hulsey and Turner voting Nay. Item G. r.l}otion by Councilman Merkl "I move that Council approve the change of corporatE officers in connection with the Class T Tavern license for 08&1'1, Inc. dba 8ig Daddy's at 1005~ !. 1-70 .Jervice Road to: Douglas Miller, President; Sandra watson, V. President; and Willajean McGee Secy/Treasurer. 1'10tion hlas secondEd by Council- man Donaldson and passed 6-0. Douglas E. r~iller' s name to be inserted as Manager. Item B. Motion by Councilman Donaldson. "I nove the 3.n Beer License for King Soopers is up for rEnewal. Police clearance on the estab- lishment has been received and the papers are in order. I further moVE that Council approve the renewal of the 3.2 Package Beer LicenSE for Dillon & Sons Stores Inc. dba King ~oopers Inc. at 3400 Youngfield St." Hntion h18S seconded bV Councllman Turner and passed 6-0. n - ~ - Item g. Cnnmunity Dev Inpment Block Grant Fre-ApplicatlJn, presented bv Mr. Shellev_ He TsportLd that the activities that r.;a'i be unde~tak;:m aTe, hfJusing rehabilH,atirm, housing 3cf:luisition, nEighJ'1rho>1d act.i\lit PS t.hat [dill enh?nce the living environment, am:. park 8cr:;uisltinn and dev~;l(Jpllent. The maxi 11um grant that. h18 m~\ applj f,r is approximately ~300,OOO. Criteri - we have taken Apprnpri8t~ Inral Bctiln within nur c ntrol tn provide assisted hnusinq i.n 'lcc;,rdancF 1.]1 th any HUD apprfJved housing assistance plan f'IlJplicalJlc to '1ur Jur.isdict.inn, 8xtent .,f sub-standard housing cnndc ti 'lns, f)xtent t" uh kch t.hB propnsed iJctivi ty i5 designed tl1 bunefi t. these lrJumd moderate inc"rne families, extent trJ lllhlch the prlpnsed activity is necessary to support the expansion or conservation ]f the Int,l and rnodcrate income housing stocks, extent tn which the ar+ivity is necessary to alleviate a seriousthreBt to health or s~,fety. The proposed activity is to implement the storm sewer system for the Har.lan Street Drai~age basin area. Motion by COLJncllmr-m Merkl "I m:JVB that the City C\Junc11 .prove the Community Developm~nt Olack Grant Pre-Application as presented this evening." Motion waF seconded by Mr. Donaldson and passed 6-0. Item 4. Application by James W. and Ellen V. Pinkard for approval of minor subdivision located at 4200 Wadsworth Blvd. (Case No. 1'15-77-02) presented by Hr. Shelley. He stated that the State Highway department has recommended a decelleration lane be constructed '1n the frontage along the south portion (lJladsworth). (Vir. James Pinkard [,'as present far question. There was a discussion regarding adequate p3rking space. and open space faT landscaping. Motion by Councilman Hulsey: "I move that Case # MS 77-02, minor sub- d~visian located at 4202 Wadsworth Blvd, recommend approval for this minor subdivision. H otion ~Jas seconded by Councilman Donaldson and passed 5-1, Councilman Turne~ vot.ing Nay. Item 5. Application by RaymnnQ J. Jlhnson requesting approval of a Minor Subdivision located at 9201-05 U. 44th Ave. (Case No. 1'15-76-03) presented by Mr. Shelley. Motion by Councilman Cavarra: "I move that minor subdivision MS-76-03 located at 9201-05 !J. 44th Ave. be approved." Matl,r was seconded by Councilman TurnEr and passed 4-2, Councilmen Howard and Hulsey voting Nay. Item 7. t1Jti In by C'Juncilmcm Cavarra "I move that Council approve the change of Manager at VI'lage Inn Pancake House, In. at 4700 Kipling, in connectil1n with their Class G 3 way Liquor License, from Mr. Glen GiJuker tfJ ~1r. Clay to n Ferguson. n MrJ tian ~Jas seconded by Cn unci Iman Hulsey and passed 6~O. Item 10. Ordinance H230 was introduced by Councilman Cavarra. An Ordinance to amend section 18~8 and Section 18-11 of the Code of L81ds of the City of ~Jheat Ridge, 1976 Edition. Motion by Councilman Cavarra "I rrnve that Ordinance No. 230 be approved clOd published on first reading." /-'.ahon was seconded by Councilman Turner and passed 5-0. Item 11. Pay Increase for City Employees. Public comment was made by Linda Cla~k, Ran Knoebel, David Bourgeois and Tom Buescher expressing the opinion that the 5% proposed poy increase is tao 1m.!. Katherine Davis 1182B l 36th Ave presented petitions urging a larger pay increase. Herbert Schillereff, 3900 Garrison asked Council to consider a 10% pay increase, as of January 1, 1977. Ordinanc8 No. ':'31 was introduced by Councilman Turner. ,C\n rJrdimmC12 repf3aling Crdinanc8 No., ':>07, SeriES of 1976, Ordinance No. ?18, .'8ri8s :1f 1976, 'mrJ O1'dtnRncu llh. nn6, 81' F; 'J ~ ,eJ77 bv prov.Ld.Lng fnl' Po\! IncrR3fiBS f'n' ci t.y ;::: "p 1, {l E ffc:cti.VE {\p ill, 19'77 E,st8bli~3hi.no n," p'J'.t'.on ('1 SD fiCJt nn, ;md p!'Dvi.din~~ th'1t ~]ll clasf,;ifl.c['tto;\i, !j3y :.:iT dE id P tll~~J ht~ll I'iHT'81n in effect herE. fte un'~il ch:lnged ;'1H 1rdinoncu.. '1'1 tilJn CrJunr lrTlr C v"1T.T T, 13 1'"E~ t 1 lff~:;r n 1',[:rH.i': rnt tl th-L. OrdinRnce lJnr':tT 8ct 'In 1" p"":'1f~E Q, I'd 1. ~ (t-, Lr1(, tl 1~ ;-,l.1.'::-j t}:(~t 11 en r.' t. .l. 1- plF 'LntLct L tfl r~ -l.....r.:::ln?rlc h;:-;ll t. Ir[~~ 1" tTl:Jcti.vL t, l.-JnUrJr'j 1, 1~~rl, nd lS-J c~:~ t ~L ~n tt1L tit~L cr ;~pT~l~, 9~7 t, J;~nlj~~r) "', Qt'77." ~"'q~'-"ln 1(:<_ l.c'lnclcd t-: ,unc 1 n Turn r ~nci p E.;:::t:r~ S-~, Clulir 1 :ll"! f-h U 'c \j-lt. n,; f\] j. ; :-] ti lr (,\ Cnunc 1 Ir<n f"\:,!" 1 -: I d 1 ! r. t, {-lIen ~r~L nrclincncb t, ncl.lct.' Ln th lI'dlnanrE' thb ?tJ-lli.~h' f.;:lt '1 P \j --n~ LLr' no pLt .lr1 thE 70f',S ngc..1f r"/lt nr l,,~, t~{' flclr...;cl ~ rune 1. -;n Hul::E;,f Qnd pc:S~J8G 5-1, r::..,unri_l EJn HrJL!rJrr-\ J,tin0 N " M,ti~n bj C1unril. an Hul E "I ovu th~t Irr npnCl NU.lhET 1 h approv~[ ~LndLD In fir t rr ~cing ond th~t 6 L qubl ~ht: "lOC! p~lf--itl:;d.1l r<'1ti,n Id~:l;' s8c:1nded b' ClJunr 1. n Ljr]n~,l 81fl "Ill pc SE:d ~-j-1, C.,unci1r;.,an mlJl8rd v,.,tinr: Nay. Item 1. Ordinance re~ Appendix A of tbe Zoninq Ordinance. N~. " 9. Hotiorl t,y Councilc1811 Donoldson: "I lOVE f'1T' the ar!'1rthH' of iJr[jjnc'llcc Na. ""B am.' th2t it tJl'l publisher! and p~ tEd." tiati.on [.',~s bEc.JniEL, !l\, ~'JLlncil,.,~n t'18rkl und pmi[38L G-O. ItBr. 1. rJ!'c!...nancl No. ~.c'9 n, Ai,lemiing nTuimmcL r'Ll7 prov dinq 311 increase in Ci ty' s maximwTI monthly contributian to Einplo \fEe He"l th Plan Benefits. nation by Councilmen Msrkl: "I l.iOV8 for the ad'JpUan ,r Ordinance 2~9 on second reading and order it published." Cauncil- ;nan ;Jonaldson s8conded the LlOtion and it passECi G-O. Item 14. Consideration,f Blign~8nt alternative of LEna Gulch in vicinity af Red Barn and decision rEi: Final Design Plan for entirE project. Presented bV ~.1r. Lave I,!ha stated that the plan presented lda~, preferred by the adjacent property O[dner~, am] ",hercEls this is <'1 Ll'JrE [,xpensive propOSed than thE previous one, it C3n be rEcOin,nended bEcause it SErV8E; thE 3amE purp!Jse but is morE socially aCCEptablE. M'Jtion bj Councilman Markl "I ~~vc that we accept the 3lighn~rt pn cntBd this evening for 20+00 tel 40+00 fJr thE d1cn:n8nt nf Lena Gulch." ~bti"n ',Jas secandEd by Councilman TurnEr anD paSSE[j 5-0. ~1oti'Jn by Councilrnan HOlcarcl: "I i3utharizE thE draft of on ~cl~rCEment betWEen the city and thE Urban Drainage Distrirt fnr the preparation ,f final dEsign plans fr'Jr all of Lena Gulch, t'lgEther I~i th the dis- tributian !Jf cnsts betwBen the City and the Distrirt fnr the Engineering hJ'Jrk and said agreEment be br'Jught back to thE Council fnr appr'Jval." ~ntian was secnnded by Councilman Merkl and passed 6-0. Item 15. Report from Meurer, ~erafini and Meurer re Crasspan and Drainage at various intersections. Report of Street Committee by rvlr. Hobbs - Commi tteE' s decision go go ahead wi th Council re[.,Llest for crosspans ct 35th and Ames and 35th and Benton. At 41st and Kendall, put in the largEr line, installing it in the right-of-way area from Kendall to Lamar and then north. 41st and Harlan - leaVE the intersection the way it WBS and grade to the west fro~ the existing pan, with an asphalt pan, put in by city struet cr8~s, to take thL water northerly. 41st and Ingalls pan, put in 8 bubblEr there, doing away lJith thE pan, donE Idith city forCES. ~!Iotion by Councih1an Turner~ "I ~VE th~t the Project t 41st and Harlan and 41st and llendall bE :pprov.;ci TBcOL1Cltomjed by thE; dtreet Commi tt8e. :"Ioti <In !~EIS seconded by Councilman D:mBldson and pElssed 6-0. Motion by CnuncilrnEin VtErkl: "I mOVE ttLt the Council approve the project at "" 35th and Amus ~tr8Bt and I Est 35th and Benton :3treEt ,.15 recor~fTlEnd8d by the tru,:;t rn" i ttee." hntion ll.laS seconded by Council:nan Donaldson and passed 5-", Councilnan Turner voting Nay. 1'.lotion by Councilm3n herk!. "I tJ\lF' that thE Council "pprovE the project cot i ll1st and Ingalls ;:s reco'~!;lend8d b, tll[~ otrl'et Cornr[1i ttEe." Vlotinn .!iJS sscClnccd oJ G'Juncil, ,)Oi1:..ilds,;' ~nc pp.~~ L'C ;l~O. - 4 _ ItC'~ 15. ResoluLCJn I,Ci/.. Re nlut.Lon Expressing jpst b!lshcs to f,r[1eT City CIerI<' !,laE: ~ntrldu(,E;d b.; C;lUncilnan Turner and rEad b City CIeri. Motiln o~ Cnunrilman Turner "I 'CJVE that this be Bd'Jpted." MnU'Jn l.Jas sf,['^,ndpc! by '":'1uncilman Turner Clnd pclssed 5-0. Item 18. Resolution 495. RLsolutian establishing Fal c.; concerning Vcrb"ti'l TrunscriptsJf Counci.l f-18E3tings and Establic;h.i.ng a FeE for such Transcripts was introduced by Councilman Merkl and read by City Cler~. l"lotion D\! Cauncihlan TurnEr "I ;nr)VE that Resolution No. 495 be adopted. r:iatinn "IDS seconded b~ Councilman f'1erkl and passed 6-0. Herr 19. f1otion by Councilman Hulsey. "I move that Robert Vidick and To~ Dodd, Jr., Parks end Recreation Commission Members, be authorized to attend Conference in Cheyenne, Wyoming, Friday and Saturday, February <5, and 25, 1977, at City Expense. (Account ~001-601-70~, not to exceed ';:;100 eBch.)" {"1otion was seconded by Councilman Turner and passed 6-0. Councilman Cavarra asked if Resolutions could have the Title only read and not the llJhole Resolution. l"lr. Fox said it [,laS allright if the Council agreed. All agreed to having thE Title only read unless a request was made to have the Resolution read in full. Item ~o. Report from Councilman Cavarra re: Increase in Sales TuX in lieu of Property Taxes to Support Schools. It would not be 2 tax to support schools, would be 0 6% state I,Jide sales tax to eliminate differences in sales tax in various areas, [tlOuld eliminate food sales tax and llJould involve 1] rebate of Property T~xes. Cluncil~an Cavarra asked about the procedural handling of Crown Hill re letter from Oliver Phillips and Hurry Nylund. Mr. Fox said that the Planning department and Planning Commission are accepting information and holding hearings an Zoning and taking no actions. This is being done because the applirant does not want annexation unless they get the Zoning. requested Councilmen HulseyAthat the Letter frnm Attorney, written February 7, 1977 re in zoning map procedures be made Public read by the City Clerk. (Attached). Nolan L. Brown, District Possible irregularities Record. The letter was Item 21. Councilman Markl proposed the formation of a City-Chamber of Commerce Committee to be composed of 1 member of City Council, 1 member of the Planning Commission, one person from the Planning Staff and 3 people from the Chamber of Commerce. The group would meet whenever they feel the need to discuss concerns of the City and the Chamber of Commerce. Councilman Merkl IJlill bring this in in written form for the next Study Session. Item 22. f'llotion by Councilman Turner "I move that Ken Alley be reappointed as a regular member of the Board of Adjustment." Motion was seconded by Councilman Cavarra and passed 5-1, Councilc'an r:lIlsey voting Nay. Motion by Councilman Turner "I move that Mrs. Karen Watson be appointed an AltsrnatE w8mber of the Board of Adjustment." l"lotion {"as secrmded by Counci.lman CBvarre and defeated 'f-;:' ~ Councilmen Cavarna and Turner voting Aye. Motion was made to Adjourn by Councilman Hulsey and seconded by Councilman Merkl and passed 6-0. Carol F. Hompf, City Clerk APPROV[D r I HENRV E. NIETO AIIln.nt J.D. WALLACE Chl" Invenigalor RAYMONO R KECHTEH Chl,f Compl.int Officor i' I .. '~ ~1080f Attachment to NOLAN L. BROWN DtlTRICT ATTORNIV Flflt JUdICii' District ....,.~ M,lI 01 Jultice Goldin, Colorado tl0419 PIlon. 279.{j5 \ \ l4-77 Minutes .. JERRY L. JORGENSON Chi.I QeputY DAN B. FAHRNEV Chief DeputY ~ . \ . February 7, 1977 Mary Jo Cavarra Councilwoman City Ha 11 7470 W 38th Avenue Wheat Ridge, Colorado 80033 I Re Possible irregularities in zoning map procedures Dear.Mrs Cavarra We have carried our investigation of the possible irregularities of the master zoning map of the City of Wheat Ridge as far as we can at the present time A conclusive determination in this investiga- tion cannot be made until we have contacted Mr Bob Richman, who is now residing somewhere in the State of Alaska We have made numerous and continuous efforts to contact this gentleman, but with no success to-date Knowing that our final conclusion could be altered by an interview with t~r Richman, we feel confident at this time to report that we feel the irregularities in the official Wheat Ridge zoning map are the result of carelessness on the part of past city employees, made possible by "loose" procedures existing within that department in the past We could find no indication that any individual or group of in- dividuals had attempted to change the zoning map for the benefit of any special interest group After our investigation was commenced, a review of the June, 1975 zoning map indicated a number of errors (5 to 7) had occurred in the zoning classifications that \'/ere reflected on that map This map Wi:.S drawn by Argil Duncan (now deceased) and Mr Bob Richman (now in Alaska) We could find no connection between these two people and any special interest group within the city, and are led to the conclusion that the errors in zoning map were the resul t of using faul ty data It 'lIas also apparent from our investigation that many employees had the opportunity, and perhaps the duties of changing the master map, although there were no procedures of control to insure that any changes made were done without error For these reasons, I believe we can report at this time that there is no indication of a deliberate attempt by any individual or group of individuals to alter the official zoning map of the City of Wheat Ridge for the benefit af any special inte~ests within the city Mary Jo Cavarra Counc il woma n City of Wheat Ridge, Colo Page bll)-cont It is our oplnlon that the discrepancies in this area are the result of procedures ~Ii thin the department which lacked sufficient controls and failed to establish specific responsibilities to designated individuals Very truly yours, ~_d~~ NOLAN L BROWN District Attorney NLB/em cc. Mr Maury Fox Attorney at Law Mr Dennis Zwagerman Director, Community Development .