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HomeMy WebLinkAbout11/14/1977 CITY COUNCIL MINUTES - November 14, 1977 The three hundred eighty-sixth regular meeting of the Wheat Fidge 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, Department Heads Richard Bredt, Clyde Hobbs, Chief Pinson, Robert Vidal, Dennis Zwagerman PUBLIC COMMENT Floyd A Smith, 3650 Garrison Mr Smith was accompanied by his attor- ney, Larry Lawlor, to speak concerning the moratorium on building per- mits in the area of 35th to 38th and Flower to Independence Mr Lawlor stated that his client had planned on bringing his parents from Durango, and building a double on the Southeast corner of 37th and Holland That his parents had, together with Mr Smith, invested most of their retirement savings in the purchase of a vacant lot at this location prior to the moratorium, which was zoned R-2 He has already received his water tap and has applied for a gas tap He requests that Council reconsider the moratorium with relation to this specific prop- erty only Mr Smith then stated that he had checked with several neighbors in the area of the property before proceeding with his plans and had met with no oppositlon to putting a double on the property His plans are to build the unit so that one section would face on 37th and the other on Holland Street so that it will not look like the ord- inary double Motion by Councilman Merkl "I move that the moratorium on building permits, for the particular property located in the vicin- ity of West 37th and Holland owned by Mr Smith, be lifted at this time" Motion was seconded by Councilman Donaldson and carried 5-1, Councilman Cavarra voting Nay Robert A Kroenig, 3928 Isabell Court, Golden, stated that he repre- sented the Applewood Baptist Church on 32nd, and requested a waiver of Ordinance 85 permitting the church to stockpile dirt, which the church would be able to receive free, for the future purpose of using it for paving lot fill Motion by Councilman Merkl "I move that the City of Wheat Ridge allow Applewood Baptist Church to stockpile dirt pending re- view of the Board of Adjustment and City Council, across the street from 11000 W 32nd Avenue" Motion was seconded by Councilman Hulsey and carried 6-0 The church is to immediately apply for the proper permit and, if such permit is not granted, the church will remove the stockpile Item I Presentation of Revised City Charter by the Charter Commission Mrs Calhoun presented the revised Charter to City Council with the re- quest that they set a date for an election to approve or disapprove the Charter Motion by Councilman Merkl "I move that since the work of the Charter Commission is completed, the Commission should be disbanded as of this date" Motion was seconded by Councilman Howard Motion to Amend by Councilman Howard "I move that no additional expenses be in- curred by the Charter Commission as of this date" Motion to Amend seconded by Councilman Hulsey and carried 4-2, Councilmen Cavarra and Turner voting Nay Motion as amended carried 4-2, Councilmen Cavarra and Turner voting Nay Motion by Councilman Turner "I move that the 3rd Tuesday in February be set as the date for the election on the Charter" Motion was seconded by Councilman Cavarra and carried 6-0 Motion by Councilman Cavarra "I move that the Charter be published In its entirety in the December 8 edition of the Wheat Ridge Sentinel" Motion was seconded by Councilman Howard and carried 6-0 Mayor Stites requested that Mr Jerman prepare a resolution commending the Charter Commission on their work and efforts in preparing the revised Charter City Council Minutes Nov 14, 1977 -2- Item 2 - Ordinance Repealing Sections 21-6, 21-7, 21-8, 21-9, 21-10, 21-11, 21-12, Article Utilities Tax, Chapter 21, of the Code of . Laws of the City of Wheat Ridge, 1976 Edition as Amended, and Concernlng Revenue and Imposlng a Buslness and Occupatlon Tax on Telephone Utlllty Companles Operating within the City of Wheat Ridge, Provlding for the Collection of said Taxes and for Penalties with Respect Thereto Motion by Councilman Cavarra "I move for the adoption of Ordinance No 251 on first reading and order it published" Motion was seconded by Councilman Howard and carried 6-0 Item 3 - Ordinance No 248 re Boards and Commissions Alternates, Resi- dency, Attendance, and Terms of Office Mr Tom Dodd, 9960 W 34th Drive, Chairman of the Parks and Recreation Commission, stated that he feels limiting Board and Commission members to two consecutive terms was unfair to those who did excellent jobs serving on such boards and/or commisslons and terms should be extended Motion by Councilman Cavarra "I move for the adoption of Ordinance 248 on second reading and order it published" Motion was seconded by Councilman Howard Motion to amend by Councilman Cavarra "I move to amend Section III, the sentence that says that 'existing members of any Board or Commission as of the effec- tive date of this Ordinance shall not be eligible to serve for a third consecutive term' and then add 'unless the member whose profession dir- ectly relates to that Board or Commission, or unless after Notice to the Public no applications have been received" Motion to amend was second- ed by Councilman Turner and failed 2-4, Councilmen Donaldson, Howard, Hulsey, and Merkl voting Nay Motion to amend by Councilman Turner "I move to propose an amendment to Section III that Section III would read as follows 'Membership on all Boards and Commissions shall be limited to only two consecutive full terms, for those Commissions having terms in excess of three years Existing members of such Boards or Commissions, as of the effective date of this Ordinance, shall not be eligible to serve for a thlrd full term" Motion to amend was seconded by Councilman Cavarra and failed 2-4, Councilmen Donaldson, Howard, Hulsey, and Meryl voting Nay Motion to amend by Councilman Merkl "I move to delete Section III" Motion was seconded by Councilman Hulsey and carried 4-2, Councilmen Howard and Turner voting Nay Motion as amended carried 5-1, Councilman Howard voting Nay Item 4 - Ordinance No 249 re Kennel Licenses (Sec 4-3) Motion by Councilman Cavarra "I move that Ordinance 249 be approved on second reading" Motion was seconded by Councilman Donaldson illd carried 6-0 Item 5 - Renewal of various liquor licenses Motion by Councilman Merkl "I move that the Class D Retail Liquor Store license, Applejack Liquors, 3320 Youngfield, be renewed" Motion was seconded by Council- man Donaldson and carried 6-0 Motion by Councilman Hulsey "I move that the Class D Retail Liquor Store license for the Wheat Ridge Liquors, 5808 W 38th, be renewed" Motion was seconded by Councilman Donaldson and carried 6-0 Motion by Councilman Howard "I move that the Class G license with extended hours for Port of Entree West at 4105 Wadsworth Blvd be renewed" Motion was seconded by Councilman Cavarra and carried 6-0 Motion by Councilman Cavarra "I move that the Class T, with ex- tended hours for Caravan West, 11221 W 44th, be renewed" Motion was seconded by Councilman Merkl and carried 4-2, Councilmen Howard and Hulsey voting Nay Motion by Councilman Turner "I move that Class E liquor licence for Wadsworth Drug, 7397 W 44th Avenue, be renewed" Motion was seconded by Councilman Cavarra and carried 6-0 Motion by Councilman Donaldson "I move that the Class G with extended hours for the Ramada Inn West, 10101 1-70 Service Road North, be approved" Motion was seconded by Councilman Turner and carried 6-0 Item 6 - Renewal of various beer licenses Motion by Councilman Cavarra I move for the renewal of the 3 2% beer licenses for the following Southland Corporation dba as 7-11 at 6595 W 44th Avenue and 5010 Kipling Street Motion was seconded by Councilman Merkl and carried 6-0 Renewal of 3 2% beer license for Tenneco Food Store, 12700 W 38th Ave- nue Mr Frank Rone, 33lf7 S Elkhart, Aurora, CO, Sales Supervisor for City Council Minutes Nov 14, 1977 -3- Tenneco, spoke in favor of the renewal He stated that most of the prob- lems with this location seem to be with the number of juveniles hanging around, but doesn't believe that It relates to the 3 2 beer license They are taking steps to rectify the problem Mayor Stites requested Mr Jerman to get together with Mr Rone and Chief Pinson and try to re- solve the problem and report back to Council Motion by Councilman Turner "I move that Council renew the 3 2 beer package license for Tenneco Food Store at 12700 W 38th Avenue and it is understood that ac- tion is being taken in order to keep the llcense from expiring and that upon hearing the alleged violation which will come before the Council next month, the matter of this license will be reconsidered" Motion was seconded by Councilman Hulsey and carried 4-2, Councilmen Cavarra and Merkl voting Nay Item 7 Change of Corporate Officers of Barnes Investment Co , dba Prk- n-Pik Liquors, 9345 W 44th Avenue, on a Class D retail liquor store license Present were Jack Chavez and Viola Chavez, 8017 W 81st Circle, along with their attorney Earl Moyer It was explained that they were the new owners of the Barnes Investment Company dba Prk-N-Pik Liquors and asked for the approval of the change of corporate officers Mr Oetkin, present owner, was also present Motion by Councilman Cavarra "I move that Council approve the change of corporate officers for Barnes Investment Company dba Prk-N-Pik Liquors at 9345 W 44th Avenue, from Dale and Darrel Oetken to Jack Chavez, Viola Chavez and J Michael Chavez, President, Vice President and Treasurer, and Secretary" Motion was seconded by Councilman Hulsey and carried 6-0 Item 8 Name change for Stoneridge Planned Residential Development (PRD) at W 44th Avenue and Robb Street to Stoneridge Final Development Plan and Subdivision Motion by Councilman Merkl "I move that we approve the name change from Stoneridge Planned Residential Development at 44th and Robb Street to Stoneridge Flnal Development Plan and Subdivision " Motion was seconded by Councilman Donaldson and carried 5-1, Councilman Howard voting Nay Item 9 Resolution expressing opposition to the creation of a Metropoli- tan Housing District as proposed by the Select Committee on Housing of the Denver Regional Council of Governments (DRCOG) Motion by Council- man Merkl "I move for the adoption of Resolution 542, and order it pub- lished, and a copy of this Resolution mailed to the Denver Regional Coun- cil of Governments' Select Committee on Housing" Motion was seconded by Councilman Cavarra Councilman Merkl asked that, if the Resolution passed unanimously, all Council members' names be placed on the Resolu- tion Motion carried 6-0 Item 10 Resolution establishing a Policy and Criteria for the Consid- eration of requests for Industrial Revenue Bond Financing and for the lssuance of such Bonds by the City of Wheat Ridge and related matters thereto Motion by Councilman Merkl "I move for the adoption of Reso- lution 543 and have it published" Motion was seconded by Councilman Donaldson Motion to amend by Councilman Howard "I move that, in Sec- tion III, the words 'or industry' be deleted" Motion was seconded by Councilman Merkl and carried 6-0 Councilman Cavarra said that she be- lieves the cost - benefits of Individual Revenue Bonds needs more atten- tion Motion by Councilman Cavarra "I move that this Resolution be tabled pending some further study" Motion was seconded by Councilman Turner and failed 2-4, Councilmen Donaldson, Howard, Hulsey, and Merkl voting Nay Motion as amended carried 4-2, Councilmen Cavarra and Turner voting Nay Item 11 Resolution Authorizing Payment for the Acquisition of the Hart Property Located at 27th Avenue and Benton Street in Wheat Ridge, Colo- rado, from the Wheat Ridge Allocation of County Open Space Funds Motion by Councilman Merkl "I move for the adoption of Resolution 544 " Motlon was seconded by Councilman Donaldson and carried 5-1, CounciJman Howard voting Nay Clty Council Mlnutes - Nov 14, 1977 -4- Item 12 Resolution Authorizing the Jefferson County Open Space Direct- or to Secure a Qualifled Professlonal Appraisal on Property Located at W 38th Avenue and Quail Street, known as the Geurink Property Motion by Councilman Cavarra "I move for the adoption of Resolution 545 " Motion was seconded by Councilman Hulsey and carried 5-1, Councilman Merkl voting Nay Item 13 Cancellation of City Council meetings of December 26, 1977, and January 2, 1978 Motion by Councilman Howard "I move for the Can- cellation of the City Councll meetings of December 26, 1977, and January 2, 1978" Motion was seconded by Councilman Turner and carried 6-0 Item 14 City Hall Matters (a) Selection of Telephone System Consultant (recommendation of Council Communications Committee) (Dee Burton) There had been one proposal re- ceived for $4,050 for 90 hours of work (which was over the authorized estimate) The scope of the work was discussed with them and they came in with a proposal of $2,700 for 60 hours of work The difference being that previously there had been a misunderstanding about the Radio Police Communications System which will not be included in the Telephone System and that the city staff will do some of the lnltlal inventory work She therefore recommended Associated Communications Consultants, Inc for a contract to design the telephone system Charles Vincent of the company was present Motion by Councilman Merkl "I move that we approve the award of bid to Associated Communications Consultants, Inc at a cost not to exceed $2,700 to design the Telephone System for the new City Hall This will supercede the original motion which specified an amount not to exceed $2,000" Motion was seconded by Councilman Donaldson and carried 5-1, Councilman Howard voting Nay (b) Revision of entrance drive (Architect recommendation) (Dee Burton) The change of one center island rather than two separate ones was made at a time when the pool proposal was being considered This was done to avoid tearing out some curb and gutter The architect recommends it be left as is Motion by Councilman Donaldson "I move to approve the re- vision to the entrance drive according to the architect's recommendation" Motion was seconded by Councilman Merkl and carried 5-1, Councilman Howard voting Nay (c) Selection of interior colors (Architect recommendation) (Arba Stinnet) (HDR) These are colors of building materials (things that are a part of the construction contract) Councilman Hulsey said that the Committee on Furnishings had been meeting with their consultant who stated that they would be coordinating the interior colors Mr Stinnet believes that his recommendations will be compatible Motion by Council- man Hulsey "I move that we approve the colors presented tonight (att- ached) with the exclusion of the carpet and interior wall paint" Motion was seconded by Councilman Cavarra The decision on carpeting and wall paint deferred for one week until coordinated with Interior Design con- sultant Motion carried 5-1, Councilman Howard voting Nay (d) Selection of Interior Design Consultant (recommendation of Council - Staff Furnishings Committee) (Dee Burton) Nine proposals were received, three firms were interviewed and the Council Committee and staff recom- mend hiring Interplan, Inc Motion by Councilman Hulsey "I move that we hire Interplan, Inc for the proposal not to exceed $9,900 to help with space planning, specification writing for all furnishings, evalua- tion of bids and installation of furnishings" Motion was seconded by Councilman Merkl Councilman Hulsey said that during the interview firms were asked re using all or part of the existing furniture and he be- lieves that we will not be buying all new furniture Some of what we have will be used Motion carried~2, Councilmen Howard and Turner vot- ing Nay City Council Minutes - Nov 14, 1977 -5- Item 15 City Hall Matters (a) Report of emergency change order to City Hall Construction Contract for placement of underground conduit for sprinkler system (b) Report of Change Order to City Hall Construction Contract for cost of Application Fee for Replacement Well Permit Request to Colorado Divi- sion of Water Resources, in the amount of $25 00 (Dee Burton) This is a ratification of a Change Order that had previously been said would be brought to Council when needed Cost from the contractor is $1,210 94 An additional Change Order was presented by Dee Burton for a $10 00 inspection fee for the 4 inch Fire Line by the Denver Water De- partment Motlon by Councilman Merkl "I move that we ratify Change Order ECA-7 and ECA-6 and $10 00 inspection fee to the Denver Water De- partment for inspection of the 4 inch Fire Line" Motion was seconded by Councilman Donaldson and carried 5-1, Councilman Howard voting Nay Item 16 Payment of Insurance Premium for Police Professional Liability Insurance Mr Jerman stated that this is a partial premium payment for the month of November and December The premium date will then be changed to January 1, 1978 for the year 1978 Motion by Councilman Cavarra "I move that we approve payment in the amount of $2,921 19 for insurance premium for Police Professional Liability Insurance for Novem- ber and December, 1977, to be charged to Account No 001-610-712-3" Motion was seconded by Councilman Merkl and carried 6-0 Item 17 Proclamation declaring November 19, 1977, as Family Day lamation was read by Mayor Stites Proc- Mayor Stites called to Council's attention that Dr Jacobson, past Chair- man of the Historical Committee, had passed away Item 18 Report of Selection and Cost of Traffic Study Consultant for Municipal Swimming Pool, and time table for submission and presentation Mr Jerman stated that the best proposal had been received from Leigh & Associates of Denver, at a cost of $750 for both sites plus an hourly charge of $27 50 per hour for any presentation required at a City meet- ing Estimated cost $1,000 A change was needed in the report present- ed The consultant will need to make a presentation to the Planning Commission prior to the presentation to City Council, therefore the date of Monday, November 21, will need to be moved back until after the Plan- ning Commission presentation In response to information asked of Mr Jerman regarding discussion with the School District, he stated that 1) he had received aerial photos of the area around Wheat Ridge Junior High, 2) he had discussed with R-l personnel as to whether the size of the site was large enough to be able to make a swap and with the acquisition of the property to the North there would be sufficient room to relocate the ball field, and 3) park- ing space would be adequate The next step would be to contact the prop- erty owners, to explain the proposal and get a reaction from them If condemnation were necessary, the City would have to do it The cost would be high, since if Open Space funds were used, they may be used for land only Motion by Councilman Cavarra "I move that the Council auth- orize Mr Jerman to contact property owners in the vicinity of Reed Street Stadium to see if there is interest in selling the vacant back portions of their property" Motion was seconded by Councilman Turner and failed by a vote of 2-4, Councilmen Donaldson, Howard, Hulsey, and Merkl voting Nay Item 19 Proposed Policy Statement Concerning Recruitment for City Attorney (part-time) on contractual basis Mayor Stites asked Mr Jerman to also discuss the subject of the Judges Mr Fox' last day will be December 31, 1977, and it is desired to have the new attorney on board at least 3 weeks before that time for transition (December 12) Mr Fox City Council Minutes _ Nov 14, 1977 -5- agreed to the proposal New councilmen-elect are to sit In on the screenlng or gOlng through the appllcatlons Mavor Stites asked Ms Cavarra to check with the new Councll to see who they would wish to appoint as Judges Item 20 Report of refund to be received by the Clty in the sum of $1360 85 from the Colorado Division of Highways as final settlement for Bridge Construction Project W 44th Ave and Clear Creek Mr Jerman said thatfuis project has been completed a couple of years and a final audit of all costs shows a credit balance of $1,350 85 Item 21 Report of Proposed Installation of Traffic Signal Light at intersection of W 29th Ave and Wadsworth Blvd Mr Jerman presented a letter from the State Department of Highways indicating this location warrants a signal and stating they will approve the signal after 1) Traffic signal installation details have been submitted for approval and 2) Provisions have been included to interconnect this signal with others along Wadsworth Blvd (this is taken care of in the synchroniza- tion project) The State can assist in supplying some equipment and assist in the installation This project should be begun right after the first of the year in order to be completed by the end of May Re Publicity and discussion on the 44th Avenue pathway Mr Jerman asked Council if they felt some other safety barrier could be used Mr Hobbs was requested to present information and alternatives next week CITY ATTORNEY'S MATTERS - Mr our insuror re the lnclusion bility Insurance coverage Fox stated that the City should checy with of the School Crossing Guards in our Lia- COUNCIL MEMBERS' MATTERS - Councilman Turner requested a Resolution be brought In objecting to the RTD fare increase Councilman Howard asked if we had any information back on the property at 38th and Depew None as yet Item 22 Notice sions Board of made November 21 in December of Expiration of Terms of Office of Boards and Commis- Adjustment and Planning Commission appointments to be Parks and Recreation Commission appointments early Item 23 Communication from Jefferson High School Student Council re Concession Stand Thank you letter from Jefferson High School for al- lowing them to take over the concession stand Item 24 Notification from Department of Housing and Urban Development (HUD) that proposals for assisted housing in Wheat Ridge have been dis- approved by HUD for various reasons Item 25 Communication from City of Northglenn recommending a per cap- ita contribution to the Denver Center for the Performing Arts based on suburban Cities utilization of such facilities Councilman Merkl stated that the request has some merit since the facility will be used by people in the area Motion by Councilman Merkl "I move that the City of Wheat Ridge submit $3,600 as a donation to the Center for Performing Arts" Motion died for lack of a second Motion to Adjourn by Councilman Merkl, seconded by Councilman Donaldson, all Aye / /! / c C iCA:. (k_t' ., ('c-i- "'~ Carol F Hampf, tity l~rk APPROVED /'1 I ").., / {i 4. WHEAT RIDGE MUNICIPAL COMPLEX ITEM Brick & Pavers Metal Siding 8< Roof Glass Alum. Frames Carpet Vinyl Asbestos Tile Ceramic Floor Tile Ceramic Wall Tile Rubber Base Treads & Landing Tile Stair Nosing Rubber Link Mats Horizontal Blinds Chalkboards Lockers ITEM Steel Furniture Elevator Panels Elevator Door Frame Accordion Door Panels Plastic Laminate Wood Panels. Cabinets. Doors. Etc H M. Doors & Frames Gyp Bd Ceilings. Walls etc Wheat Ridge. Colorado COLOR SELECTIONS COLOR Desert Tan #1180. Earth Bronze Anodized Dark Bronze #52370. Berber Brown #51839. Fortress White Umber Granite (dark) Sienna Granite (ll.ght) #47. Brite White #599-P Brown C 10. Black Sand #892. Low Gloss Black #32. LCS Projection White #14. Neutral COLOR #12. Black #33. Sierra Beige #871. Bittersweet #N7632. Java #1701. Off White #D12-6. Regimental Red #D36-6. Dark Bronze #1503-6. Solid Putty #1595-6. Solid Black Natural Finish. Oil Stained Oak #N7632 (Int.). Java #Y7632 (Ext.), Java #P-2531. Colonial White (Accent Colors to be selected when interior is closer to cornpletion).