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HomeMy WebLinkAbout06/20/1977 MI~UTES June 20, 1977 The three-hundred sixty-eighth re~ular meeting 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 ~~ry Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsev, Larry Merkl, and Louise Turner Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Carol Hampf, Department Heads Pichard Bredt, Clyde Hobbs, Ed Pinson, Robert Vidal, Dennis Zwagerman,staff, and interested citizens Minutes of June 13, 1977 Councilman Turner reouested a correction of Item 1, the vote to read 5-0, Councilman Hulsey Abstaining Approved as corrected PUBLIC COMMENT Homer L Roesner, former Mayor of 2965 Quay, spoke protesting a section of Ordinance 200 as discriminatory, re the $50 permit fee He stated that he and some of his neighbors have sidewalk, curb and Gutter that needs to be replaced and would like to do so before the street is overlayed this summer, but do not think the city should charge a permit fee Motion by Councilman Hulsey "I move that the Public Works Department be directed to waive the $50 00 permit fee and all other related charges under Ordi- nance 200 pertaining to the replacement of deteriorated curb and gutter in the City and that refunds be issued to all persons, retroactive to January 1, 1977, the beginning of the current fiscal year" Motion was seconded by Councilman Donaldson and carried 6-0 Mayor Stites stated that thisis waiver of fees until a corrected Ordinance can come in and asked Attorney Fox to bring in the Amended Ordinance on June 27 Mr Jerman to write a memo on the waiver of fees Jesse Jones, 3490 Benton, spoke regarding the crosspans and work at Ames and Benton He said that they had poured concrete today and water will not flow in the manner that he believes was what Council approved Mr Hobbs said that of the water coming down Ames approximately 30~ would go down Benton whereas previously 100% had Mr Jones said that there is 3 inches of variation from the point where the curb flow line meets the pan that goes across the street north, and water will not run uphill Mayor Stites asked Mr Hobbs to check this problem out and to let him know by 9 30 a m June 21 1 Application by West Aspen Co for Annexation and Initial Zoning for Planned Commercial Development (PCD) and approval of Outline Development Plan for property located between W 26th and W 32nd Ave east of Kipling The purpose of this hearing is for distribution of Information Packet, Exhibits and Transcripts only Mr Shelley distributed the West Aspen Packet (List attached) to each Councilman, the Mayor and City Clerk Victor Booq, 1717 Washington Ave, Golden, attorney with Bradley, Campbell and Carney spoke He said that Wendell Stewart, president of West Aspen Comp- any was present He said that the applicant welcomes the opportunity to present their plan, and hoped that outside influences, and preconceived ideas would not affect the decision Robert Sonheim, 7720 W 57th Ave, Arvada spoke representing the group opposed He said that he thouqht this meetinq was to be a Public Hearing, but now understands that it is to be held over until the 25th through the 28th of July, and is not in favor of that procedure, but will follow Council's desires He referred to an incident in the last week or so and stated confidence in the City Council and qovernmental system He objected to the Continuation of the Public Hearing Motion by Councilman Merkl "I move that further Public Hearings begin on~ly 25, 1977 at the hour of 7 00 P m to be convened at the Anderson Building, Wheat Ridge Park, Wheat Ridge Colorado" Motion was seconded by Councilman Turner and carried 6-0 June 20, 1977 - 2 - 2 Ordinance - Ordinance Repealing Ordinance 40, Providing for a Civil Servi ce System Mot i on by Counc il man ~1erkl "I move for the A.dopt i on of Ordinance 239 on flrst reading and order it publ ished" r'10tion was seconded by Councilman Donaldson Attorney Fox said that he had first reviewed this Ordinance on March 11 and had made many suggestions for improvements, however this draft in no better than the first one but is worse and nrdinance 40 is superior to this one He suggested that Ordinance 40 be amended and then add "Rules and Regulations" by Resolution Mr Cosolo, chairman of the Civil Service Commission spoke sayin0 that he was shocked by Mr Fox's comments and would have appreciated these comments before the Ordinance came to City Council He feels that Ordinance 40 is too cumbersome to work with and can be interpreted incorrectly Councilman Hulsey asked why this Ordinance had not been gone over before coming before Council Councilman Cavarra said that if this Ordinance were passed while the Rules and Regulations were being worked on there would be a void Motion by Councilman Cavarra "I move to Table this Ordinance until Rules can be submitted and both considered at one time" Motion was seconded by Councilman Turner and carried 4-3, Councilmen Cavarra, Donaldson and Turner and Mayor Stites voting Aye ~lotion by Councilman Howard "I move we Adjourn" ~lotion was seconded by Councilman Hulsey and failed 2-4, Councilmen Howard and Hulsey voting Ave 3 Ordinance 233 - Permitting Fabrication and/or Processing of Concrete or Concrete Products (Tabled from June 13) Motion by Councilman Merkl "I move for the Adoption of Ordinance 233 on second reading and order it publ ished" ~,10tion was seconded by Councilman Cavarra f~otion to Amend by Councilman Cavarra "I move that Ordinance No 233-'-Series of 1977 be amended on Second Reading as follows (1) Title be amended to clarify that it is Section 21 Band 21 C of Appendix A which is being amended (2) Section 2 - Section 21 B, Appendix A, is hereby amended oy adding the folowing subsections 21 B(2) The following special uses shall be allowed upon approval of the City Council following public hearing and further provided such use has received the favorable recommendation of the Planning Commission (a) Manufacturing, fabrication and/or processing of concrete products" t'10t i on was seconded by Counc i 1 man Donaldson Ga ry Lewman of the Planning Commission spoke regarding his concern about the deletion of Section 1, Section 21 C 3 c, re if "c" is deleted should not "d", "e", "f" and "g" be relettered to agree? /.1r Fox said that this ~Ias not necessary as this was a modification of the Code and the Codifiers would take care of the numbering process Councilman Hulsey asked if an applicant were to be turned down by the Plannin0 Commission, would his only recourse be to go to Court Mr Fox said that this is legal and constitutional Motion to Amend carried 5-1, Councilman Hulsey voting Nay /10tion as Amended carried 4-2, Councilmen Hulsey and Turner voting Nay 4 Resolution 518 - Resolution Endorsing and Supporting the Expanded Use of County Open Space Funds to incl ude Parks and Open Space Acquisitions, Operations, Maintenance and Development (Tabled one week at request of Parks and Recreation Commission Chairman) Mr Bredt reported that the Parks Commission supports the Resolution Motion by Councilman Hulsey "I move that Resolution No 518 be approved" f10tion was seconded by Councilman Merkl Councilman Turner spoke against the Reso- lution, that it is premature since the City has much park land still in need of purchase and under the provisions of this Resolution funds could be used for too many other things Councilman Hulsey spoke for the Resolution, that the Resolution would have to come before the voters, and if passed each local government would have the option of using the funds for development or not Motion carried 4-2, Councilmen Cavarra and Turner voting Nay 5 Authorize Mayor to sign Agreement to enter into a Contract for Street Striping with Colorado Lines, Inc The Director of Public Works requested a one week delay since he was working with Jefferson County and mioht be able to get the work done cheaper Councilman Howard asked if Jefferson County had put in a bid? ~~otion by Councilman Howard "I move we authorize the Mayor to sign an Agreement1to enter into a Contract for Street Striping with Colorado Lines, Inc at $10 30/gallon to be charged to Account No 001-304-774, for the period of time the new striper is being built" Motion was seconded by Councilman Donaldson and carried 5-1, Councilman Turner voting Nay 1 0900 'i~ J r .1,\ H f-\ \ l: J L i III i I .i I, ~heat <RIdge r I i' If t-l I ~ V '-- I I West Aspen Packet 1 Planning Commission Certificates of Resolutions May 12, May 5, April 21, April 7, March ]7, Feb June 9, June 2, May 26, 17,1977 2 Planning Commis sion \1inut 85 June 9, June 2, May 2(" May 12, May 5, April 2], April 7, ~1arch 1"", Feb 17, 19~7 3 Letter from Leo N Bradley, dated June 1 1977 4 Letter from Robert Sonheim, dated May 26, 1977 5 Letter from Dcnni Zwagerman to Leo Bradley dated May 18, 1977 6 Letter from Dennis Zwa[erman to Robert Sonheim, dat.ed May 18, 1977 7 Letter from Leo N Bradley to Carol Hampf, dated Fob ]7, 1977 8 Amended Petition for Annexation dated Feh 17, 1977 9 Warranty deed (Book 2796, Page 647) and Exhibit A 10 Crown Hill packet (27 items) Wheat Ridge Exhihit #1 11 Applicant exhibits 101-]]5 and 117-119 12 Opposition exhibits A & A-I and B-I & L 13 Planning Commission transcripts April 21, April 7, March 17, Feb June 9, June 2, May 26, May 12, May 5, 17,1977 14 City Council transcript April 25, 1977 ('/- 1[\\ I ( (!f.' If-' I. I I "!I/I ('U'llUl!() i ( II \ June 20, 1977 - 3 - 6 ~lotio!l_ by Councilman Merkl "I move we authorize the ~1ayor to sign an Agreement with Larry Coil to assemble the Street Striper, amount not to exceed $1,000, to be charged to Account No 19-503-808" Motion was seconded by Councilman Hulsey and carried 4-2, Councilmen Howard and Turner voting Nay 7 Resolution - Amending General Fund and Conservation Trust Fund Appropriations Mr Jerman said that this Resolution was in regards to funds for contractinq street striping and also transferring funds for-the 45th and Vance Park r,10t i on by Counc il man Dona 1 dson "I move for the adopt i on of Reso 1 ut ion 522 " ~1o-flon was seconded by Councilman Hulsey and carried 6-0 8 Resolution - in support of the immediate construction of the Foothills Treatment Complex Motion by Councilman Donaldson "I move for the adoption of Resolution 523" Motion was seconded by Councilman Hulsey Councilman Merkl spoke against the Resolution that it is a political football, that Aurora offered Denver their excess water and were refused, environmental ouestions have not be settled Councilman Turner said that und~r this Resolution the Denver Water Board would not have to obey the laws, and made a Motion to Amend "I move that following the words 'right of way' at the ver)l~na--of this Resolution the following words be added 'provided re- quirements of Federal laws have been met" Motion was seconded by Council- man Merkl Motion to Amend carried 6-0 Motion as amended carried 4-2, Councilmen Cavarra and Merkl voting Nay 9 Motion by Councilman Cavarra "I move the following locations be approved as Polling Places for the Home Rule Charter Election to be held on July 19, 1977 Columbia Heights Elementary School, !~heat Ridge Junior High School, Fruitdale Elementary School, Martensen Elementary School, Evangel Baptist Church, Everitt Junior High School, Kullerstrand Elementary School" ~10tion was seconded by Councilman Merkl and carried 6-0 Doug Guildner, President of the Wheat Ridge Jaycees spoke to say that the Wheat Ridge Jaycees were here to help the city in any way they can and would like to be called on~ and to present 8 trees from the Sherwood Forest to the city to be planted in a park He suggested the park at 45th and Vance Mayor Stites expressed thanks on behalf of the city and asked Mr Bredt to take charge of them Attorney Fox presented an Ordinance Authorizing the Purchase of Land for Park Purposes and said that a motion was needed to reimburse Open Space for the double dwelling that is on the property that is not eligible for Open Space Funds Motion by Counc il man Merk 1 "I move for the adopt i on of Ordinance 240 on first reading and have it published" Motion was seconded by Councilman Donaldson, and carried 5-1 Councilman Howard voting Nay Total purchase price is $200,000 Attorney Fox presented an Ordinance Amending Secions I and VIII of Ordinance No 231, Series of 1977, by striking step B from Pay Grade 30 and Step B from Pay Grade 32 and further providing for monthly payments to Deputy Judge Motion by Councilman Donaldson "I move for the Adoption of Ordinance 241 on first reading and order it posted and published" Motion was seconded by Councilman Howard Mr Fox said that this amendment will take care of some conflicts within the city, and that the statute re Judge's salary is a matter of interpretation Motion carried 4-2, Councilmen Cavarra and Merkl voting Nay Mayor Stites annourred the Council Screening Committe for Municipal Swimming Pool Design Councilman Cavarra. Chairman Councilman Hulsey, Councilman Merkl, Edgar Johnson Richard Bredt This committee to Screen Architects and bring their choice of 6 to Council for screening Mayor Stites announced the Council Screening Committe for Communications System Councilman Howard, Councilman Donaldson, Councilman Turner, Dee Burton and Robert Vidal This group to screen telephone systems for the New City Hall June 20, 1977 - 4 - Mr Jerman presented an Amendment to the Request For Proposal presented last week This adds the $50,000 that has been allocated for landscape construction from City Hall funds, making a Grand Total of $521,374 Mr Jerman asked that the 5-year Urban Drainaqe ~nd Flood Control District figure presented last week as in excess of $2 300,000 be recorded at the exact figure of $2,657,800 Councilman Merkl requested staff to look into why there are pages missina from the Code of Laws pages 374-376, 379-382, 386-388, 391-392 and in the area of Planned Commercial and PC, C-l Mr Jerman to look into it Councilman Turner said that the Council/Community Development Committee had voted to ask Council to act on the proposal that 6 members of the Planning Commission go to Colorado Springs Motion by Councilman Merkl "I move that the City Council budget and approve sending the Planning Commission in total or any members of the Planning Commission that want to go to Colorado Springs to the CML Conference" Motion was seconded by Councilman Hulsey and carried 4-2, Councilmen Howard and Turner voting Nay Councilman Turner quoted Mr Roesner re curb and gutter "If I have to pay for the upkeep of city property, I refuse to do it" She feels that this applies to weed cutting also and suggested an amendment be brought in for discussion She also said that the city paid half as much to cut all the weeds on the right of way as was spent part time to enforce the weed ordinance Councilman ~1erkl said that the costs also include other items such as vacant lots and that most people cut their own weeds Motion by Councilman Merkl "I move that it not be on the Agenda" Motion wa~~econded by Councilman Hulsey and carried 5-1, Councilman Turner voting Nay Mr Guildner said that the Jaycees are prepared to help with the weed cutting for those whc cannot do it themselves Nancy Snow of 11155 W 40th spoke that she agrees with Councilman Turner that the Ordinance is disgraceful and the city ought to do it 11 Decisions requested by Henningson, Durham and Richardson, Architects re City Hall A Decision on whether or not Vance Street is to be bid as an alternate Motion by Councilman Cavarra "I move that Vance Street be bid as an alternate to the City Hall bid, with the understanding that there will be an additional Architectural fee of approximately $1,000" Motion was seconded by Councilman Merkl and carried 5-1, Councilman Turner voting Nay 8 Decision on request from Architects for additional fees Motion by Councilman Cavarra "I move that we consider the following ~tems addition to the Scope of Work and that HDR be compensated accordingly Equipment Systems Pneumatic Tube $612, Street Improvements - Entrance Drive & 29th Ave $2720, Vance Street $1020" Motion was seconded by Councilman Merkl, and carried 5-1, Councilman Howard voting Nay Motion by Councilman Merkl "I move that the city authorize a Change Order-~ addition to the Scope of Work to allow for greater security in the Police Department by redesigning the North wall of the Police Department to be all brick with very little window or class area" Motion was seconded by Councilman Howard Mr Stinnet said that this is a substantial change and would take approximately 2 weeks for them to make the changes and coordinate with the mechanical and electrical people Motion failed 2-4, Councilman Howard and Merkl voting Aye C Decision on display case in new City Hall Mr Zwaaerman said that if a display case (for the ground breaking shovel, pictures of mayors and city councils, trophies, etc ) is approved, it would hopefully not be in the front lobby That the front lobby wall should be reserved for a sculpture, mural, display of the city seal, etc Councilman Howard asked for a perspective sketch of this area in order to be able to visualize the space Display case to be discussed at the morning meeting, June 23 o Discussion and decision on exterior and interior signs approve bidding sign design and construction Mr Zwagerman said that the exterior sign could be 40 square feet maximum, would be on 29th Avenue and that he visualized it as being low lying, simple, a masonry base (brick same as building) and other materials also the same as the building Mr Stinnet said that he thought it could be lighted from the ground Motion by Councilman Merkl "I move that we spend $15,000 for signing the interior and exterior of City June 20, 1977 - 5 - Hall and that no final design of these signs be approved until brought back to City Council " Motion was seconded by Councilman Cavarra and carried 4-2, Councilmen Howard and Turner voting Nay Mr Stinnet added that for the front lobby wall a rendering (Openwork) of the seal would be attractive and could be done at a later time E Decision on architectural application for east lobby wall i e free standing sculpture, hanging accent piece, etc Will be discussed Thurs morning meeting if Architects have been able to produce a perspective sketch at that time F Decision on amenities to Council Chamber area, i e drinking fountains coffee pot, vending machines, etc Decision, no vending machines in the area, there vlill be an electrical outlet near the drinking fountain (already on the blueprint) in order to plug in a coffee pot Mr Zwagerman said that two speaker systems will be required one for the audience to hear and one for Council to hear, and that the present recording system is being considered for retention and use in the new city hall Councilman Hulsey requested a system with a longer reel Mr Zwagerman said that also this system lacks a speed control for transcribing There will be lavalier mikes for the council and court and free standing mike at the podium There would be 1 mike at each table for staff, which would have to be moved to each speaker There would also be a hanging mike for use at the projection screen The sound system would be preset for each voice and would not be readjusted for commission meetings, etc Re voting lights, these would possibly be an addition to the scope of the work Mr Stinnet said this is an electrical item and might not add to the cost The lights are to be visible to the public, have space for the names, yea, nay and abstain Clerk would have a master swi~hto be turned on when time to vote If there is no place where the clerk and the audience can both see the lights, clerk might have a light panel at her desk also G Location of motto, if any Decision was there is to be no Motto in so far as a permanent location and not in the design of the building H Discussion and decision on existing well, and water tap fee and ap- plication Dee Burton said that she had discussed the possibility of re- furbishing the existing well with well companies and two citizens and all advised against it because of the dangers involved To get the old permit reissued would cost $400-$500 for an engineering report and then would go to the Water Court in Greeley to be allowed to draw on all of the area previously used Would cost about $1000, and also $7000 to $11000 to dig a new well, and would take about 6 months through the courts It would be necessary to be able to draw on all of the previous area to get enough water for the complex Re a water tap application fee is $2000 and the tap fee $11,000 - $15,000 There are 30 taps left for this year but Consolidated Mutual has applications for these and ours could go into 1978 Consolidated Mutual has said that if the City does not use a water tap, the $2000 would be refunded (this should be in writing) Motion by Councilman Merkl "I move that we approve the application fee for--~Jater Tap for $2,000 and the water tap fee of $11,000 - $15,000 Motion was seconded by Councilman Cavarra Councilman Merkl said that he believes a water tap is necessary even if we have a well, since if for any reason the well does not work, a city facility needs water Motion to Amend by Councilman Turner "I move to amend the motion to say, provided~that there is full understanding that should the city's water needs be met through a well this money would be refunded" Motion was seconded by Councilman Cavarra Motion to Amend carried 6-0 Motion as amended carried 6-0 Motion by Councilman Cavarra "I move that we authorize staff to pursue reactlvation of the existing well, not to exceed $3,000 for court costs and technical reports from engineers" Motion was seconded by Councilman Hulsey and carried 6-0 I Status of east one foot of property Mr Wellman owns the one foot strip and will deed it to the city, but wants a committment that neither 27th nor 28th will become a through street Motion by Councilman Cavarra "I move we authorize the preparation of a QuTr-Claim Deed concerning the East one foot property to be prepared by Mr Ben Loye, and agree to the stipulation that 27th Ave and 28th Ave will no~be through streets at city expense" Motion was seconded by Councilman Merkl and carried 6-0 LJune 20, 1977 - 6 - Mr Zwagerman asked for a clarification re the schematics and outline plans Four office spaces that had been programmed to be private had been overlooked These are for the Treasurer, Lieutenants (Police) and Coordinator of Technical Services (Police) After discussion, it was decided that the Treasurer would have a private office, but not the Lieutenants or Coordinator of Technical Services These would be semi-private Motion to Adjourn by Councilman Turner, seconded by Councilman Merkl All Aye j , --~'1 ( ) +~f;) Cterk f-~ < )/ / APPROVED / .__~~. ---i;~ 1'-' -/ /