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
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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
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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
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June 20, 1977
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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
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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
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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
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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
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APPROVED
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