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HomeMy WebLinkAbout08/08/1977 MINUTES OF COUNCIL MEETING - August 8, 1977 The three hundred seventy-fourth regular 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 Mary 00 Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl, and Louise Turner Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Carol Hampf, Department Heads, Richard Bredt, Clyde Hobbs, Ed Pinson, Robert Vidal,and interested citizens Minutes of the meetings of July 18, 25 26, 27, 28 and August 1, 1977 were approved as published Peter Rex of 3388 Swadley spoke under Public Comment re Charter Commission member appointment He said that when the Charter Commission had bee~ elected he had placed 23rd and Tom Slattery had placed 22nd He felt that the appointment should have gone to one who was next in line in the election He said that he and Mr Slattery had campaigned for the Charter He stated that there are many opponents who say that they are not against the new Charter, and that this is true as long as it leaves the current power structure intact; and that the intent of the people was thwarted Item 4 Decision re West Aspen Corp application for Rezoning/Annexation Councilman Hulsey introduced Ordinance 243 Councilman Hulsey "I move that Ordinance No 243 be Adopted and published and posted" Motion was seconded by Councilman Howard Motion by Councilman ~lerkl "I move to amend Section 3 to allow no more than 500 units to be built on the subject property, all of which would be owner occupied condominiums" ~otion was seconded by Councilman Hulsey Amendment carried 6-0 Councilman Cavarra stated that she intended to vote against the Ordinance for the following reasons "The development is not compatible with the Comprehensive Plan which shows low density residential land use for the surrounding area with an activity center to the north on Kipling Street in the vicinity of 1-70 Proposed level of uses is not compatible with overall land uses of the surrounding neighborhood Plan does not meet goals and objectives of the Comprehensive Plan - specifically Section II land Use, Goal D, which states, "To ensure that each development is a positive contribution to the entire community, and is related to the existing development, rather than allowing projects to occur haphazardly The Planned Development does not meet the requirements of Ordinance 98, Section 20-B which states that development must be under unified control Water rights to Crown Hill Lake are under the control of Crown Hill Cemetary Association The Crown Hill Lake is an integral part of the Outline Development Plan because of its recreational and esthetic value No evidence was presented to show that Crown Hill Cemetary Association could not sell its excess rights in the Agricultural Ditch Co Development would cause extreme traffic congestion on surrounding streets Development would lower property values in the vicinity of the project, due to increased noise and pollution Project could become an economic liability to the city, as projected sales tax revenues were based on indefinite assumptions Costs of major services not provided by the Citv, i e sewer and fire pro- tection, were not considered Availability of sewer service was not established" Councilman Turner "I'm going to vote against this Ordinance for the following reasons The annexation must be accompanied by a change of zoning from the existing Agricultural 2 to Planned Commercial Development The proposed plan with its intensity, its density factor, a land or lot coverage percentage unequaled in Wheat Ridge, and the impact of (among other things) an additional 10,000 vehicle trips per day - equates a land use proposal which is 1 Incompatible with the area, 2 Inconsistent with the surrounding zoning, 3 Inconsistent with the surrounding uses, 4 In conflict with the Comprehensive Plan, and 5 Unacceptable to the surrounding residents The applicant's attorney stated that the West Aspen Company has the right to use its land but that it"has to be a use that doesn't unreasonably disturb the surrounding residents" This proposal obviously does unreasonably disturb the surrounding residents - this is evidenced by A legal protest a case presented in opposition, letters in opposition, citizens appearing in opposition, petitions in opposition bearing 5522 names, 4228 of which were by Citizens of Wheat Ridge and the balance from the adjacent City of Lakewood I think we as members of Council must be cognizant of the health, safety and welfare and also the concerns of the citizens of Wheat Ridge MINUTES, August 8, 1977 - 2 - Councilman Merkl "I move that 32nd Avenue as it now exists become a local street and all exits no~showing on W 32nd Avenue by the developer, to be moved to an on property street which will tie into the present W 32nd Avenue east of Estes Street" Motion was seconded by Councilman Hulsey and carried 4-2, Councilmen Cavarra and Turner voting Nay Motion by Councilman Merkl "I move that the developer build to city specifications an enclosed pool on the site and that the pool and the property designated as a park on the plan be turned over by the developer to the City of Wheat Ridge as city property" Motion was seconded by Councilman Hulsey and carried 4-2, Councilmen Cavarra and Turner voting Nay Councilman Donaldson stated that he was going to vote against the Ordinance because he did not feel this was a proper plan, but would not be against the developer coming back in with another plan He would like to see less Commercial and a greater amount of single family, owner-occupied dwellings The Ordinance Failed by a tie vote of 3-3, Councilmen Cavarra, Donaldson and Turner voting Nay Councilmen Howard, Hulsey and Merkl voting Aye Item 1 Ordinance increasing the monthly salary of the City Clerk Ordinance was introduced by Councilman Turner Motion by Councilman Turner "I move for the approval of Ordinance No 244" Motion was seconded by Councilman Merkl and carried 6-0 Item 2 Ordinance re November Ballot proposal for the sale of the Police Department/Community Development Building at 10900 W 44th Avenue Ordinance was introduced by Councilman Hulsey Discussion regarding election date of November 1 or 8 Mr Fox said that according to the Statutes he believed the date to be the first, but he would check into it and if a change were necessary the Ordinance could be amended on Second Reading Motion by Councilman Hulsey "I move that Ordinance No 245 be Adopted, published and posted" Motion was seconded by Councilman Cavarra and carried 6-0 Item 3 Ordinance 242 re Motion by Councilman Hulsey second reading and published" and carried 6-0 Curb, gutter and sidewalk on second reading "I move that Ordinance No 242 be approved on Motion was seconded by Councilman Donaldson Item 5 Preliminary hearing for new Class D Retail Liquor License for Grains-N-Grapes at 3809 Sheridan Blvd Motion by Councilman Cavarra "I move that Council approve a Public Hearing Date of September 19,1977 on the Grains-N-Grapes retail liquor store application and that a neighborhood boundary of one-mile radius from the site be set" t~otion was seconded by Councilman Turner Councilman Merkl asked what zoning is on the property The applicant was not present, for questioning Motion by Councilman Howard "I move we table this" Motion was seconded by Councilman Hulsey and carried 6-0 Item 6 Change of Corporate Officers for Club Corners, Inc at 6551 W 44th Ave The applicants were present - Lester Zeller and Edward Zolinski Mr Fox questioned each if he had ever been convicted of a felony or any crimes of moral turpitude and each answered "No" Motionby Councilman Merkl "I move that Council approve the new corporate officers for Club Corners, Inc as follows President and Treasurer Lester Zeller, Vice-President and Secretary, Edward Zolinski" Motion was seconded by Councilman Donaldson and carried 6-0 Item 7 Appropriation Resolution providing and transferring funds for the City Clerk's Salary Account and transferring funds in the Parks Maintenance Budget Resolution was introduced by Councilman Donaldson Motion by Councilman Donaldson "I move for the adoption of Resolution No 527" Motion was seconded by Councilman Merkl and carried 6-0 MINUTES - August 8, 1977 - 3 - 1'1ayor's Matters Mayor Stites asked if Council would consider cance11 ing the September 5 meeting because of a Legal Holiday Motion by Councilman Cava rra "I move that the September 5th meet i ng be cancelled" t-lot ion was seconded by Councilman Howard and carried 6-0 The Mayor announced the Furnishings Committee for the new City Hall (with Dee Burton) as Councilman Hulsey, chairman, and Councilmen Merkl and Cavarra City Attorney's Matters Mr Fox said that it had been brought to his attention that little children were crossing the road and going down to the lake in Prospect Park He had spoken with Warren Cruz at Brannan Sand and Gravel and they would be willing to share the costs of fencing the area, perhaps on the Pavilion side of the road They suggested that the city provide the materials and they install or some other plan suggested by the city Mr Bredt is to take this matter up with the Parks Commission and report back Councilmen's Matters Councilman Merkl asked of Mr Bredt and the Mayor re the Hart Estate - if we now own it We will as soon as we get the deed back Twelve signatures are needed on it, so it is taking time Mr Bredt was asked if, when we get the deed, the city will clean up the area and cut the weeds Mr Bredt said, Yes No restoration of the house is to be done at this time Councilman Merkl also asked Mr Bredt - if ice skating had been permitted on the ponds at Johnson Park and Prospect Park Mr Bredt said that when the ice is 4" thick at Johnson Park it is permitted The shallow pond on the south side of the creek at Prospect Park is not now in the lease, but people have skated on it for years Parks people ask them to leave if the ice is unsafe Mr Bredt to discuss ice skating with Parks Commission Councilman Merkl asked if rafting is now allowed on Clear Creek Mr Bredt said that it is Mr Merkl said that he had been told that people had been asked to leave by the Park Rangers Mr Bredt said that he would check to be sure all Rangers had been notified that rafting was ok Councilman Cavarra reminded Council of the meeting with the Architects at 7 00 P m Thursday at the Village Inn Pancake House Motion to Adjourn by Councilman Turner, second by Councilman Merkl, all Aye I 7 L,;/r't:~c4 .a /f{;:; /:~_ Ca ro 1 Hampf, City Cl ery APPROVED \ j-' 1-/--- .I -"'" COR R E C TED MINUTES CITY COUNCIL MEETING AUGUST 1,lg~7 The 373rd regular meeting of the Wheat Ridge City Council was called to order bV MAyor Frank Stites at 7 30 p.m. At. 4355 Field 5treet. Councilman present were ~1ary Jo Cavarra, los8p~1 Cona1dson, Robert Howard, Calvin t-lulsey, Larry Merkl and Louise Turner. Also present were City Adm. John Jerman, City Atty. Mauflre Fox, Deputy Citv Clerk Jan Thorngate. and Department Heads Clyde Hobbs, Robert Vidal, Edwaro Pinson, Richard Bredt and Dennis Zwagerman. The architect for the new Lit~ Hall, Arba Stinnett was present to give his firm's recommendations on the alternate terns. A total of $200,513.00 more will be needed if their recommendations are approved. Motion by Councilman Hulsey, seconded by Counci ImFln Donaldson, "1 move that we accept tt-e Architects reco- mendations on Alternates I, 3, 4, 5, 7, 8, 10, 11, and 14." Motion passed 4-2 with Councilman Howard and Councilman Turner dissenting. Dee Durton Project Coordinator gave a report on the status of the funding for the City Hall project and the amounts expended so far. The base bid from Lillard & Clark Construction Co. is $1,4/,0,000, the recommended alternates are $83,080.00 for a total contract of $1,523,080. The funds available are EDA Grant money $1,169,925.00 and the City Hall Reserve Fund $177,643.00 leaving a balance needed of $200,513.00 which includes a 125,488 reserve for contingen- cies. She noted a credit of $11,900 which will be forthcoming from the con- tractor on the water tap fee advanced by the City on 7/27/77. Next item WAS Resolution 52G providing for and transferring funds for the City Hall structure. Motion by Councilman Donaldson, seconded by Councilman Hulsey, "1 move for the adoption of Resolution 526" Motion passed 4-2 Councilmen Howard and Turner dissenting. Item 4 was the award of bid for the City Hall. Motion by Councilman Hulsey seconded by Councilman Donaldson, "I move that the lowest and best bid for the construction of the Wheat Ridge City Hall be awarded to Lillard & Clark Construction Co. Inc. 5GG7 W. 6th Ave., Lakewood, CO. 80214, for a total bid price including approved alternates, not to exceed $1,523,080, with such bid price computed as follows Base bid $1,440,000, Alt. 1 $21,500, Alt. J $22,100, Alt. 4 $11,500, Alt. 5 $5,000, Alt. 7 $15,500, Alt. 8 $4,600, Alt. 10 to be deducted -$3,500, Alt. 11 $880 and Alt. 14 $5,500 for a grand total of $1,523,080 and that such expenditures be charged to EDA City Hall Fund Account 32-510 and General Fund City Hall Account 001-607-793." Motion passed 4-2 with Councilmen Howard and Turner dissenting. The successful bidders were then introduced to Council and Mr. Lillard gave some of their building background experience. He estimates a completion time of g months. He stated he planned to start next week. Item 5 was a motion regarding emergency expenditure procedures, and change orders. Motion by Councilman Cavarra, seconded by Councilman Hulsey, "I move t~lat the Director of Community Development and the Citv Administrator with approval of the Mayor be authorized to approve any and all emergency expendi- tures from the budgeted Contingency Fund of $25,000 uJhich may become necessary during the construction of City Hall, provided that all such expenditures shall be reported to the City Council at its next meeting for ratification bv the Council. Such emergency expenditures must be approved in written form." Motion passed 5-1 with Councilman Howard dissenting. Item 6 concerned the proposed future 391e of the prescnt Police building. Motion by Councilman Cavarra seconded bV Cnuncilman Howard, "I move that the Ci ty Clerk be directed to prepare a 'Jallot qlJ8stion regardinq the sale of the Police Bldg. for the November election." Motion passed 6-0 An unscheduled item was brought up by Councilman Cavarra regarding the filling of the vacancy on the Home Rule Charter Commission. A motion to appoint Tom Slattery failed 4-2. A motion to appoint Peter Rex failed 4-2. Councilmen Cavarra and Turner uJere the only assenting votes in both cases. Since Council is authorized by State Statute to set the first meeting date of the Charter Commission to re-write a charter, Motion was made to set the date of August 5, 1977 at 7 30 p.m. for the first meeting. Passed 6-0 (Motion by Cavarra seconded by Turner) The question about Fl footbridge over lena Gulch at Simms Street, was raised by City Atty. Fox. The City's applicatinn was denied by the Board of Adjust- ment since there was resident npposition. Motion by Councilman Merkl second by Councilman Turner, "I move that we reapply tn the Bd. of Adjustment for a Footbridge over Lena Gulch at Simms. Street." Motion passed 5-0 Since the question of filling the vacancy on tho Home Rule Charter Com~ission neened tn he resolved at this time, Council too~ a ~ minute recess ulhen the m~etino was recnnvened a motion was made bl Councilman Merkl, "T mOJe to MINUTES OF AUGUST 1, 1977 PAGE TW[1 appoint Dora Piccoli to the vacancy on the Home Rule Charter Commission." Motion passed 5-0. The regular portion of the meeting W8S then adjourned STUDY SE~J5 ION 1. A request from Standard Textile Co. Por thE eit to issue Industrial Reven~e Bonds for the co~str!Jctinn OF R 50,nnn square fon. bu 1ding For a major national company. Mr. Walt Imhoff of HannLf~n, Imhoff R Sanford was present to "xp1R n ttle procedure connec:tpd ul th these Revenue FJrmds Council requested more information from rtandard Textile concernin~ the company that is expectin"] to DClllPy the builrJing, the type of tJusiness, the jobs that will be created, the financial status of toe company, etc. ? Proposed Agreement with Wrl~ht-McLaughlin [onsulting Engineers for Lena ,u1ch improvements. After djscussion of various details n the con- trnct I t is to b" broulJ~lt back in 2 WlSI< S [Ir nS SO:Jn as possible. The Engineering Contract must be amended to include changes rouncil requested on the alignment or the channel and to reflect increased engineering costs for such design The added engineering costs arp pstimated at $12,OJO bringing the total proposed engineerin cost to an estimated 3212,000. This cost would be shared 50-50 ~y the City and the Urban Drainage District. M& Brian Kolstad, Chief Eng. of the Urban Drainage District reported that the 1st segment to be constructed from Station o.on to Station 20.00 is estima- ted to increase from $361,000 to $503,000 due to beneficial changes made by the Urban ~raioage District and to inflation. Th~ is a change in the estimate referred to in Council motion of 9-13-76. 3. Notification of changes made in determination of the City's 8ase Flood Elevations. These changes are to be published and Mr. Jerman wanted Council alerted in case they receive calls from citizens. The City's Flood Plain Map was checked by Wright McLaughlin against the Fed. Insurance Adm.'s official map and they found only minor differences between the two 10. Drainage problem at Allison St. between 36th & 38th was taken up next since there were citizens waiting. Mr. Hobbs stated that the estimated cost of a line to drain the property to the main on 38th would be $21,000. He is to check whether or not there is a drainpipe leading from a manhole in the rear of the property. Also it was noted that the Wheat Ridge Plaza Development scheduled to begin construction shortly, is responsible for handling this drainage problem. 6. Proposed Amendment of the W.R. Code of Laws RE Drainage Control. Since discussion arose concerning the bridging of wRterways, Mr. Fox is to prepare a proposed amendment to incorporate ideas by Mrs. Turner & Mr. Zwagerman on this problem. Should be placed on the August 15, 1977 Agenda. 7. Review of City Clerk's Salary. Comparative salary data from other cities in the Denver Metro area under 50,000 population, was distributed. Consensus was that W.R. City Clerk salary would be raised to $1,000 per month retroactive to August 1, 1977. This will require an Ordinance revision and an appropriate resolution transferring funds. 8. Regarding a research done by the City Atty. on rafting on Clear Creek. He reported that he could find no State Law governing this. He recommended that no permits be issued by Parks & Recreation for this purpose, however, persons should be allowed to raft on Clear freek if they so desire without interference by City personnel. g. Report from Clyde Hobbs regarding escrow deposit policies in ~ther Colorado cities. Mr. Hobbs to develop a city policy to prevent citizens from having to deposit money for a long period, but that will still protect the city's inter- ests. Councilman Turner proposed a plan and Mr. Fox was directed to prepare an Ordinance revision on this matter incorporating ideas by the Director of Public Works and Councilman Turner 10. Thursday, August 11 beginning at 7 00 p.m. at Village Inn, 4700 Kipling, the interviews for the Swimming Pool Architect will be c~nducted by Council convened as 3 selective Committee. 11. Regarding the street striping vehicle, a 1978 Truck & Chassis is available from Lakewood Fordland at an additional cost of $280 over the cost of a 1977 model (not available) Consensus of Cnu~cil was to authorize the additional cost since the purchase has been so long delayed. The truck is scheduled for delivery in late September. Meeting Rdjourned at 12 DO p.m. 1-,~ - .'-- <-,("rf>', f_( \, I , ( i _.f L -; J.Thorngate~/Deputy City Clerk I I C "