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HomeMy WebLinkAbout08/29/1977CITY COUNCIL MEETING MINUTES - August 29, 1977 The three-hundred seventy-seventh 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 Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl, and Louise Turner. Also present were: City Administrator John Jerman, City Attorney Maurice Fox, City Treasurer James Malone, City Clerk Carol Hampf, Department Heads; Richard Bredt, Ed Pinson, Robert Vidal, Dennis Zwagerman, staff and interested citizens. Minutes of the meeting of August 15 were approved as published. PUBLIC COMMENT R y Wardle, Master of the Wheat Ridge Grange presented the book Colorado State Grange History to the City of Wheat Ridge. Mayor Stites accepted the book with thanks from the City Council, the citizens of Wheat Ridge and himself. Doris Straley, 4595 Garland Street, spoke requesting a footbridge across Clear Creak at Hoyt Street for the children going to the Junior and Senior High Schools. Mr. Bredt said that one is planned for the vicinity of In- dependence St. to be constructed next spring. She also said that she under- stood that the path on 44th is to stop at Everett and pick up again at Kipling and wondered about the gap. Mr. Zwagerman said that there will be a Committee Meeting next Monday night and it will be discussed. Gary Lewman, 4355 Pierson said that he had read in the Administrative Bul- letin some months back that the Police Pension Fund had been underfunded last year by $7,000 and he would like to see us adopt procedures as allowed under the new law that would insure the fund to be actuarily sound. Mr. Malone said that the Actuary did not say the Fund was unsound, that there was a deficiency, but not unsound. Mayor Stites said that the actuary was not concerned with that small an amount. Councilman Cavarra said that the actuary felt the fund bears watching and should be looked at again next year. Also that the deficiency had been based on very conservative interest rates. Item 1. Financial Report for period ended July 31, 1977. Mr. Malone said that the Sales taxes had not been received until August and therefore were not included in this report. The amount received in the General Fund was approximately $97,105 and would bring the % received up to 67.21%. Item 2. Semi-annual Police Pension Fund Report. Mr. Malone presented the report and said that 98% of the money is earning money, and that a 6 year CD has since been purchased with the money that was in the Lakeside National Bank Saving Account. Item 3. Resolution to Invest Funds. Mr. Malone said that this is money from the General Fund and Capital Improvement Fund, to be invested for 181 days. He had checked with 8 banks and the highest bid was for 6.38% from Lakeside National Bank. Councilman-Donaldson introduced Resolution numbered 528, Mayor Stites sai,d'that'5ince he is a Director of Lakeside National Bank he would abstain from this item. Councilman Donaldson as Mayor Pro Tem assumed the chairmanship. Motion by Councilman Hul.sey: "I move for the Adoption of Resolution 528." Motion was seconded by Councilman Cavarra and carried 6-0. Item 4. Application by Willis H. Alderman, requesting approval of a Dumping and Landfill permit to allow dumping and filling of approximately 174 cubic yards of material on property located at 10925 West 32nd Avenue. Case No. DP-77-01. Mr. Shelley presented the case and gave the Planning Department Comments. Mrs. Aldermand was present. Motion by Councilman Turner: "I move that Case # DPy77-01, request of Willis H. ATderman for permission to fill at 10925 W. 32nd Avenue be approved in accordance with recommendations by Mr. Shelley, not to exceed 174 yards without notification to the Planning Department and no fill within 50 feet of the drainage way." Motion was seconded by Councilman Cavarra and carried 6-0. Minutes - August 29, 1977 -2- Item 5. Application by Robert Hilsenroth and Eileen Hilsenroth for approval of rezoning from RC-1 to-RC for property located at 6405 and 6409 W. 44th Avenue. Case No. WZ-77-14. Mr. Shelley presented the case and gave the Planning Department Comments. Robert Hilsenroth of 4290 Reed Street was present. Motion by Councilman Hulsey: "I move that Case No.WZ-77-14, 6405 and 6409 W. 44th Avenue be approved for rezoning from RC-1 to RC for the following reasons: it fits Neighborhood Commercial and fits the Compre- hensive Plan." Motion was seconded by Councilman Donaldson and carried 6-0. Item 6. Application by Terry Kunz and Steve Zabel for approval of Final Development Plan for Planned Commercial Development for property located at 4295 Kipling Street. Case NI&; WZ-77-12. Mr. Shelley presented the case and gave the Planning Department Comments. Approval for the Parking Lot has been given by the Board of Adjustment. Any further development in the Flood Plain would have to have the approval of the Board of Adjustment and City Council. Landscaping would have to be as shown on the Plan. Mr. Shelley read a letter from David Love of Wright-McLaughlin Engineers (attached) Mr. Eldon Kunz, 6036 S. Coventry Lane, Littleton, father of Terry Kunz was present. Motion by Councilman Cavarra: "I move that Case WZ-77-12 at 4295 Kipling Street be approved as a Planned Commercial Development with the follow ing stipulations: 1. The Comprehensive Plan be amended to reflect zoning for the described property only, 2. Plan be amended to reflect that described property may be subject to flooding on all or part of subject property and is subject to flood plain control and regulations, 3. Plan be further amended to delete all references to future addition and future commercial development. 4. Plan be adapted to reflect the handball - ra~cquet ball facility and restaurant facility only, 5. The eastern portion of the property shown on the plan be used for parking as per Board of Ad- justment approval, 6. The first floor elevations be established two feet above flood elevation." Motion was seconded by Councilman Merkl and carried 6-0. Item 7. Ordinance 244 - Repealing Ordinance No. 195 to revise and establish the salary of the City Clerk. Motion by Councilman Merkl: "I move for the adoption of Ordinance 244 on second reading and order it published." Motion was seconded by Councilman Donaldson and carried 6-0. Item 8. Ordinance 245 - Proposal to sell Community Development/Police Building submitting a proposal to the electors. Motion by Councilman Hulsey: "I move that Ordinance 245 be approved on second reading." Motion was seconded by Councilman Merkl and carried 6-0. Councilman Turner said that she had no objection to putting the question on the ballot, but would like to have the possibility of keeping the building be considered if traffic becomes too heavy at the new City Hall site, this building could be used as a Police sub-station or some other related use. Item 9. Ordinance - Adopting Supplement No. 3 to the Wheat Ridge Code of Laws. Motion by Councilman Donaldson: "I move for the adoption of Ordinance 246 on first reading and order it published, with this correction; Section 4, second sentence should read 'Further, it is recognized that Ordinances Number 232 through 242 may have an effect on the Ordinances which have been the subject of codification by the City of Wheat Ridge, and may in effect modify the Wheat Ridge Municipal Code to some extent.'" Second by Councilman Merkl. Passed 6-0. Item 10. Preliminary Hearing for new Class D Retail Liquor Store license for Grains-n-Grapes, located at 3809 Sheridan Blvd. Mr. Zwagerman stated that this is a double and all of it is Zoned C-l. Motion by Councilman Merkl: "I move that this item be removed from the Table'." Motion was seconded by Councilman Donaldson and carried 6-0. Motion by Councilman Merkl: "I move that the Hearing for the Class D Retail Liquor Store license for Grains-n- Grapes at 3809 Sheridan Blvd. be set for September 19, 1977 in these chambers and that a one mile radius: be established for the neighborhood." Motion was seconded by Councilman Cavarra and carried 6-0. Minutes - August 29, 1977 -3- Item 11. Preliminary Hearing for new Class D Retail Liquor Store license for Brettco Investment, Inc. dba Chic's Liquors, located at 3210 Wadsworth Blvd. Motion by Councilman Hulsey: "I move that Council approve a Public Hearing date of September 19, 1977 on the Brettco Investment, Inc. application and that a neighborhood boundary of one mile radius from the site be set." Motion was seconded by Councilman Cavarra and carried 6-0. Item 12. Agreement with Urban Drainage and Flood Control District and Wright-McLaughlin Engineers for the final design of Lena Gulch. Motion by Councilman Cavarra: "I move that Council approve and authorize the Mayor to enter into Agreement with Urban Drainage and Flood Control District and Wright-McLaughlin for the final design of Lena Gulch to be paid from Acctount No. 31-504-833, at a cost not to exceed $214,300, which 50% of that amount will be reimbursed by Urban Drainage District." Motion was seconded by Councilman Turner, and carried 6-0. Amendment to Agreement No. 77-3.3 of March 15, 1977, with Urban Drainage and Flood Control District, for the purpose of increasing each contribu- ting share from $99,800 to $107,150. Motion by Councilman Donaldson: "I move that Council approve the Amendment to Agreement No. 77-3.3 of March 15, 1977, with Urban Drainage and Flood Control District, for the purpose of increasing each contributing share from $99,800 to $107,150 to be charged to Account No. 31-504-833 and authorize the Mayor to sign the Agreement." Motion was seconded by Councilman Turner and carried 6-0. Increase in estimated expenditure for first section of channel improvement Station 0+00 to Station 20+00. Mr. Jerman stated that a motion is needed to bring the motion of 9/13/76 into conformity with the Agreement passed this evening. Mr. Brian Kolstad of Urban Drainage was present and said that the reasons for the change were; updated cost estimates and experience of the District (one of the things that needed to be added was a low flow channel). He felt the costs should level out now and these costs should be good for a couple of years. Motion by Councilman Cavarra: "I move that we amend the motion of September 13, 1977 to increase estimated expenditures 'not to exceed $361,000' to 'not to exceed$503,000"'. Motion was seconded by Councilman Turner and carried 5-1, Councilman Howard voting Nay. Item 13. Contract with Camp Dresser & McKee of Denver. Architects for design and related services for the Municipal Swimming Pool Complex. Mr. Fox said that we have not as yet received approval of the contract in its final form from the engineers, but due to time elements are asking for Council approval, subject to approval and acceptance by the engineering firm. Motion by Council- man Merkl: "I move that we approve the Agreement with Camp Dresser & McKee and authorize the Mayor to sign that Agreement to be charged to Account No. 31-504-862-6." Motion was seconded by Councilman Donaldson and carried 5-1, Councilman Howard voting Nay. Mr. Paul Gorder of Camp Dresser & McKee was present. Item 14. Award of Bid for Contract Street Striping. Mr. Hall presented the bid and recommendation for award. Motion by Councilman Donaldson: "I move that the lowest and best Bid be awarded to Colorado Lines, Inc. at 2303 South Jason Street, Denver, Colorado 80223 for Street Striping at a total cost not to exceed $6,000.00 to be charged to Account No. 001-304-774, per Reso- lution No 522 of June 20, 1977." Motion was seconded by Councilman Cavarra and carried 5-1, Councilman Howard voting Nay. Item 15. Ratification of additional payment of $280 to Lakewood Fordland for the puchase of Cab and Chassis for Street Striper. Item was presented by Mr. Vidal. Motion by Councilman Cavarra: "I move for the approval of additional payment of 280 to Lakewood Fordland for purchase of Cab and Chassis for Street Striper." Motion was seconded by Councilman Hulsey and carried 4-2, Councilmen Howard and Turner voting Nay. Item 16. Resolution & Contract with State of Colorado Department of Highways for reimbursement of Traffic Signal maintenance costs on State Highways (Kipling and Wadsworth). Mr. Jerman said that this is a contract under which the State Department of Highways will pay the City of Wheat Ridge $25,312.80 maximum, for the city's maintenance of the traffic signals on highways. There was discussion regarding the actual costs to the city (should offset), and the suggestion that instead of Wheat Ridge being reimbursed the State do the maintenance. Item 4 of the agreement states that the charges paid may not exceed $25,312.80 except by written agreement of the parties. Discussion re: RONALD C. MCLAUG KENNETH R. WRIGHTLIN WRIGHT-MCLAUGHLIN ENGINEERS HALFORD E. ERICKSON DOUGLAS T. SOVERN ENGINEERING CONSULTANTS WILLIAM C. TAGGART THOMAS W. MORRIS 2420 ALCOTT STREET DENVER, COLORADO 90211 JIMMIE O. WHITFIELD JOHN T. MCLANE (303) 4686201 DAVID J. LOVE RONALD B. CLONINGER June 6, 1977 Mr. Dave Shelby Director of Planning City of Wheat Ridge Wheat Ridge, Colorado 80033 Dear Dave: RE: Green Valley Planned Commercial Development Special Exception Permit COMPLETE ENGINEERING SERVICE, IN THE THE SPECIALTY FIELDS OF WATER SUPPLY AND O STRIBUTIO!v WATER AND SEWAGE TREATMENT SEWAGE COLLECTION AND REUSE STORM DRAINAGE FLOOD CONTROL AND OTHER WATER-ORIENTED PROJECS We have reviewed the engineering drawing of the proposed development. It appears that this development meets all of the requirements of the Wheat Ridge Flood Plain Regulation, Ordinance No. 108 (1972), although specific design information on the proposed development is not shown on the drawing. Specifically, the first floor elevations are not specified. Currently, the Corps of Engineers is revising the Clear Creek flood plain. The 100-year flood flow at this site as defined by the 1966 Corps of Engineers' report and accepted under Ordinance No. 108 by the City of Wheat Ridge.is 7,400 cubic feet per second. This 100-year flow appears low to us, and the 21,000 cfs flow as defined by the Corps of Engineers in their preliminary FIA study appears quite high. The finalization of this study may be a year off in the future. At that time, we may find that this site is located within the revised 100-year flood plain for Clear Creek. The developer should be made aware of this fact. From an engineering standpoint, taking into consideration the Wheat Ridge Flood Plain Regulation, Ordinance No. 108, and the currently accepted flood plain for Clear Creek, it is our opinion that the Special Exception Permit for the Green Valley Planned Commercial Development may be granted; provided that the first floor elevation of all structures be constructed a minimum of two feet (29 above the stated 100-year flood elevation and that the fill extends at such elevation at least fifteen feet (15') beyond the limits of the structure. Very truly yours, WRIGHT-MCLAUGHLIN ENGINEERS DJL: jb 732-17 BRANCH OFFICES ASPEN D14LON LAKE P.O. BOX 6028 P.O. BO% I ITI ASPEN, COLORADO 61611 FRISCO, COLORADO 80443 By David J. ov GLENWOOD SPRINGS STEAMBOAT SPRINGS F.O. BOX 1286 P.O. BOX 5220 GLENWOOD SPRINGS, STEAMBOAT VILLAGE. COLORADO BI601 COLORADO 30499 Minutes - August 29, 1977 -4- removal of "Left Turn on Green Arrow only at 38th & Wadsworth". Mr. Fox was asked to bring in whatever is necessary to allow the removal of this sign. Motion by Councilman Merkl: "I move that the City turn down this Agreement with the State Department of Highways." Motion was seconded by Councilman Howard and failed 2-4, Councilmen Cavarra, Donaldson, Hulsey, and Turner voting Nay. Discussion: at this time we are paying for the maintenance of the traffic signals and if we turn down this agreement, we are turning down more than $25,000. Motion by Councilman Cavarra; I move we authorize the Mayor to enter into a contract with the State of Colorado Department of Highways for reimbursement of Traffic Signal maintenance costs on State Highways, namely Kipling and Wadsworth." Motion was seconded by Councilman Hulsey and carried 4-2, Councilmen Howard and Merkl voting Nay. Motion by Councilman Turner: "I move that Resolution 529 be approved." Motion was seconded by Councilman Donaldson and carried 4-2, Councilmen Howard and Merkl voting Nay. Item 17. Election Matters for Municipal Election, to be held on November 1, 1977. Motion by Councilman Howard: "I move to approve: the Judge's list; Payment of 40 to each Judge, $30 to Absentee Ballot Judge, $4 to Supply Judges for delivery of ballots to Courthouse, $10 to Evangel Baptist Church; and the following locations as Polling places - Columbia Heights Elementary School, Wheat Ridge Junior High School, Fruitdale Elementary School, Mar- tensen Elementary School, Kullerstrand Elementary School, and Evangel Baptist Church. Also approval of Memorandum of Agreement and authorize Mayor and City Clerk to sign the Agreement with Jefferson County Clerk for Election Services to the City to be charged to Account No. 001-108-708." Motion was seconded by Councilman Merkl and carried 6-0. Item 18. Motion by Councilman Merkl: "I move we hire a telephone/communication consultant for the purpose of designing and developing specifications for the selection and installation of the City Hall telephone/communications system with the restriction that the Consultant shall not be permitted to bid on the system. I move that we authorize the expenditure not to exceed $2,000 for the retention of the Consultant be charged to Account 001-607-793." Motion was seconded by Councilman Cavarra and carried 4-2, Councilmen Howard and Turner voting Nay. Item 19. Resolution - Appropriating Funds for paving Roads and Parking areas in Prospect Park; and Transferring such Funds from other Projects listed in the Capital Improvement Budget Document of 1977. Mr. Jerman said that this Resolution proposes to redesignate moneys in the Capital Budget from Greenbelt Trails, Bridges and Underpass to the paving of Roads and Parking Lots in Prospect Park at the amount of $64,500. The estimate at this time is that the paving will cost around $50,000. The unused portion will stay in the Fund. The need is great in the Park, and hope to extend the Contract with Asphalt Paving at the same unit cost that they are doing the Street work. If they are unable to do so, the Resolution allows the City to go out for competitive bidding. Motion by Councilman Cavarra: "I move for adoption of Resolution 530." Motion was seconded by Councilman Hulsey and carried 5-1, Councilman Howard voting Nay. Mr. Jerman said that the appropriation passed for the Swimming Pool involved $37,500 and since there would moneys remaining in the account, he would like approval to have authorization for about $4,000 expenditure to the Land Plan Design Group to have design plan and the plans and plans and specifications for bidding prepared this year for the Wheat Ridge Park parking lot and area around the tennis courts. If this is done this year, then we could go to bid early in 1978 (January or February). Motion by Councilman Merkl: "I move that we approve the Parking Lot and Tennis Courts design and plans and specifications for Wheat Ridge Park at a cost not to exceed $4,000 to be charged to Account No. 31-504-862-6; which contract be awarded to Land Plan Design Group." Motion was seconded by Councilman Hulsey and carried 5-1, Councilman Howard voting Nay. Item 20. Resolution by Councilman Merkl pertaining to Designating and Estab- lishing a Primary Target Housing Rehabilitation Area in the City of Wheat Ridge. The areas mentioned in the Resolution are Primary and do not exclude other areas in the City. Funds would be available through; Direct Grants, Loans and Grants,and Loans. The passage of this Resolution and filing with the Jefferson County Housing Authority will allow us to become involved with this program. They have several hundred thousand dollars available within the County. Minutes - August 29, 1977 -5- Participation in this program may help in securing Neigborhood Block Grants in the future. Motion by Councilman Merkl: "I move for the Adoption of Resolution 531 and order it published." Motion was seconded by Councilman Donaldson. Councilman Cavarra said that she felt this program had not been well enough publicized as yet. 'Motion by Councilman Cavarra: "I move that this Resolution be tabled until September 19th to allow Public Notice and to allow for public input." Motion was seconded by Councilman Turner and failed by a vote of 4-3; Councilmen Donaldson, Hulsey, Merkl. and Mayor Stites voting Nay. Motion by Councilman Merkl carried 4-2, Councilmen Cavarra and Turner voting Nay. Item 21. Resolution - Officially requesting the Jefferson County Open Space Committee to secure a qualified Appraisal of certain properties located in the City of Wheat Ridge, Colorado, proposed for purchase under the County-wide Open Space Program. Motion by Councilman Cavarra: "I move for the Adoption of Resolution 532." Motion was seconded by Councilman Merkl and carried 6-0. Mr. Bredt said that items l & 2 were the whole parcel and item 3 was to the center line of the river, and that there are no structures on items 2 & 3 and none on one as far as he knows. Unsure at this time if willing sellers or if possible condemnation would be necessary. Resolution congratulating Marty MacDougall was introduced by Councilman Turner. Motion by Councilman Turner: "I move that Resolution 533 be adopted." Motion was seconded by Councilman Donaldson and carried 6-0. Item 22. The Proclamation re: National Cancer Day, September 8, 1977 was read by Mayor Stites. Item 23. Submission of 1978 Preliminary Budget and Confirmation of Departmental Schedule of Study Sessions. Mr. Jerman stated that the Budget had been previously distributed. Facts regarding the budget: it is a balanced budget, the total General Fund Budget is $3,799,519 (up 7% from 1977), there is no change in the tax rate (3.65 mills), assessed valuation is estimated at an increase of 5%, provides for a carryover balance of $321,773 which includes a $100,000 emergency fund, Unallocated Fund is $201,229, Capital Fund includes $350,000 to complete the City Hall and also includes the full amount for the Pool construction estimated at $475,000, includes $450,000 for street improvements, and $195,500 for Parks improvements. He presented a schedule of City Council budget hearings with Departments. Council preferred to hold all of the meetings on one Saturday rather than several evenings. Saturday, September 17, 1977 beginning at 7:00 a.m. was chosen as the date. It was decided to contact Mr. Sonheim and Mr. Raymond Johnson to discuss with them ideas of needs and expectations of a full time City Attorney. They are to be asked to render a bill to pay them for their time. Councilman Howard asked about the pay raise article in the Wheat Ridge Sentinel. Mr. Jerman explained that several facts had not been taken into account, such as a vacancy for a period of several months in the Director of Administrative Services position. Item 24. Report concerning drainpipe leading from a manhole to the rear of property located on the east side of Allison between 36th and 38th Avenue. Mr. Zwagerman said that the Wheat Ridge Plaza development will solve the problem. Mr. Hobbs was unable to be at the meeting. Mr. Jerman said that two or three pipes leading out of the bottom of the manhole had collapsed. Item 25. Sloans Lake Drainage Study report recommendation. Mr. Jerman said that Mr. Hobbs was in concurrence with the Urban Drainage District. Their recommendation is that no improvements be done in the City of Wheat Ridge because the cost of it would be prohibitive for the benefits received. The problem should be handled with surface drainage. Mayor Stites asked that Mr. Hobbs bring to Council regarding the Sloans Lake Drainage problem some of the solutions that he recommends to solve the problems on the drainage surface situation. Also the Harlan Street situation at the same time. CITY ATTORNEY'S MATTERS Mr. Fox brought up the matter of the Mayville case. Two weeks ago voted down the case. On August 25th the Mayvilles had a hearing before the Board of Adjustment and received approval that the particular proposed use was similar to a,b,c,d,e,f of RC zoning. He suggested that if Council wished to do anything about it, within 15 days application should be made to the Board of Minutes - August 29, 1977 -6- Adjustment for readjustment. Motion by Councilman Cavarra: "I move that we formally ask the Board of Adjustment for a reconsideration of the inter- pretation of uses in the Restricted Commercial zoning." Motion was seconded by Councilman Merkl and carried 6-0. Councilman Turner brought up the ICBO Conference in Coronado, California in- volving Energy Conservation and said that she believed the Jack Prose, Chief Building Inspector should be allowed to attend. Motion by Councilman Turner: "I move that the city send Jack Prose, Building Inspector to attend the ICBO annual convention in Coronado, California; the 11th through 16th of September at a cost not to exceed $700. I further move that a Resolution that has been drawn up be acted on to make this possible." Motion was seconded by Councilman Merkl and carried 6-0. Motion by Councilman Turner: "I move that Resolution 534 be adopted." Motion was seconded by Councilman Merkl and carried 6-0. Councilman Howard asked where we stand on Ordinance 40. Mr. Fox said that it had been prepared and given to the Commission two months ago. The Commission is working on Rules and Regulations to be passed on at the same time as the Amendment to the Ordinance. Councilman Hulsey asked about existing Kennels as regard the Barking Dogs Ordinance. To be discussed at Study Session October 3. Councilman Hulsey also asked if there was a, way to control game centers, par- ticularly around Junior High Schools. To be discussed at Study Session October 3. Councilman Cavarra asked about a memento to Mrs. Merkle for her Motto. September 12. Councilman Cavarra also asked about the mowing of weeds in the right of way and about a type of grass that requires little mowing. To be on a Study Session. Councilman Turner reported on her finding re: hardwood desks in the city. The City has a total of 65 desks and 55 of those are the Jofco Hardwood desks. None are over 7 1/2 years old. The cost to use the existing desks and purchase modular walls only would cost $21,150, as opposed to the proposal which is to pay $160,000 for modular walls that include the furnishings. Her main objection is that we are paying that kind of money for something which may or may not be the equivalent quality to these that we have now. Item 26. Reappointment of Ben Chastain as Alternate member of the Board of Adjustment. Mr. Fox asked to be deferred at least one week so that some of the procedures and other criteria necessary to make such appointments. Motion by Councilman Merkl: I would like to reappoint Mr. Ben Chastain as an Alternate Member of the Board of Adjustment." Motion was seconded by Councilman Hulsey. Discussion involved the special situation in that Mr. Chastain has some work with the city. Mr. Fox is looking into the implications of this. Motion by Councilman Howard: "I move to Table two weeks on the advice of our City Attorney." Motion was seconded by Councilman Cavarra and carried 4-2, Councilmen Hulsey and Merkl voting Nay. Councilman Turner said that she had an appointment to make to the Police Advisory Commission. Motion by Councilman Turner: "I'd like to appoint Robert Foulk, 3920 Hoyt Street, in Wheat Ridge." Motion was seconded by Councilman Merkl and carried 6-0. Mr. Chastain spoke regarding the Mayville case. He said that the Planning Commission through 2 assistant planners had recommended denial with no recommendations from the Planning Department. They were asking for an interpretation of the Ordinance from the Board of Adjustment. He said that he was the one that made the motion that carried 4-1, and that everyone wanted these people in the furniture store. The motion made and carried set the limitation of 10,000 square feet for any business of that type so as to hold the size of the business down. This applies to this business or any others. Motion to Adjourn by Councilman Howard, seconded by Councilman Merkl, all Aye. Adjournment at 11:30 p.m. r erk APPROVED o 7