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HomeMy WebLinkAbout11/28/1977 CITY COUNCIL MINUTES - November 28, 1977 The three-hundred eighty-eighth 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 Clerk Carol Hampf and City Treasurer James Malone, Department Heads Richard Bredt, Clyde Hobbs, Ed Pinson, Robert Vidal, De~~is Zwagerman, staff and~nterested citizens. Item 1. Mr. Malone gave the report and indicated that there would be approximately $182,000 in excess revenue by the end of the year. The minutes of October 24, and November 21 were approved as published. Councilman Turner asked for a correction in the minutes of November 7, page 2 paragraph 3 - that "safety factor" be changed to "difficulty factor in stopping". Clerk will check and report back. PUBLIC COMMENT William Cohan, Attorney of 1351 Dexter, Denver~s present to ask Council to grant an injunction, preventing the issuance of a building permit in the neighborhood of 35th & 38th, Independence and Flower. Signed peti- tions to rezone the area had been filed and people were not aware that it had not been done until a person purchased land and talked with neighbors. Two weeks ago, the owner came before Council and received an exclusion from the Moratorium. Mr. Cohan represents Mr. Greco, Mr. Degenhart and other members of the neighborhood. Mayor Stites said that he thought the building permit had already been signed. Sam Greco, 3591 Garland was asked about previous testimony and said that he had been out of town and was not present. Clarence Degenhart, 3521 Garland had been present on October 24th and had given testimony. Councilman Merkl said that he had voted for the Moratorium because it had been be- lieved that there was no building in the area at that time. Mr. Degen- hart said that he knew that there had been a purchase, but did not know there would be duplex construction. He feels that if the matter had been acted upon properly 4~ years ago, there would be no problem now. Councilman Cavarra said that whereas Wheat Ridge has granted exclusion from Rezoning in Mass Rezoning, when requested by Owners, we do not have to, by law. Councilman Hulsey said that the Moratorium had been granted on the basis of no new building and wondered if anyone knew about this duplex. Larry E. Lawler, Attorney, 4840 Harlan, representing Mr. Smith said that there had been knowledge that Mr. Smith had applied for a building permit. He thinks that the Moratorium was asked for to prevent Mr. Smith from building. Mr. Zwagerman said that the Community Development Department had been shocked to find the Mass Rezoning re- quest in the files and that it had not been acted upon. Floyd Smith, 3550 Garrison stated that he contacted people to tell them what kind of building he wished to construct and what it would look like. After speaking with his next door neighbor, Mr. Hay, he had spent extra money to make the building look more suitable. Mr. Smith doesnot contemplate any construction that would have density higher than R-2. There was a discussion of other doubles built recently in the neighborhood, but they had possibly been built in a subdivision that had been approved several years ago. Mayor Stites read a memo (attached) into the record. Mr. Degenhart said that not all of the neighbors had been spoken to as he had never seen Mr. Smith or spoken to him before. Motion by Council- man Turner "Providing this building permit has not been signed and issued, I move that it be held up until action is taken on the rezoning case and that staff make all haste to get this zoning case before this Council as quickly as possible." Motion was seconded by Councilman Cavarra. An executive session was called in order that Mr. Fox could discuss legal theory with Council. Motion failed by a vote of 2-4. Councilmen, Donaldson, Howard, Hulsey and Merkl voting May. ~ayor citites announced that the lifting of the Moratorium for Mr. Smith stands . -2- Item 2. Public Hearing Decision re Application by Eugene Vitale and Anthony Vitale for approval of rezoning of a parcel of property located at 6200 and 6240 W. 44th Ave., from present R-2 to R-C. Case No. WZ-77-l7. (Tabled for one week for decision.) Motion by Councilman Merkl "I move for the approval of Zoning Case No. WZ-77-17 for the property located at 6200 to 6240 W. 44th Ave., from present R-2 to Residential-Commercial for the following reasons Recommended by Planning Commission and Planning Department." Motion was seconded by Councilman Hulsey and carried 4-2, Councilmen Cavarra and Turner voting Nay. Item 3. Ordinance No. 251 - an Ordinance repealing Sections 21-5, 21-7, 21-8, 21-9, 21-10, 21-11, 21-12, Article II. Utilities Tax, Chapter 21, of the Code of Laws, concerning revenue and imposing a business and occupation tax on telephone utility companies operating within the City of Wheat Ridge Providing for the Collection of said Taxes and for penalties with respect thereto. Motion by Councilman Howard "I move for passage of Ordinance 251 on second reading and order it published." Motion was seconded by Councilman Merkl and carried 5-0. Item 4. Change of Corporate Officers for Pizza Hut, located at 4202 Wadsworth. Harold Kerman of Pizza Hut, Inc., was present if there were any questions by Council. Motion by Councilman Donaldson "I move that Council approve the Change of Corporate Officers for Denver Pizza, Inc., dba Pizza Hut located at 4202 Wadsworth Blvd., Wheat Ridge, CO 80033." Motion was seconded by Councilman Cavarra and carried 5-0. Item 5. Renewal of various beer and liquor licenses. Motion by Councilman Turner "I move that the following licenses be renewed J-l 3.2% Fermented Malt Beverage for Safeway Stores, Inc. at 10050 W. 38th Ave. and J-l 3.2% Fermented Malt Beverage for Ridgeview Super- market, 9005 W. 44th Ave." Motion WaS seconded by Councilman Merkl and carried 5-0. Motion by Councilman Hulsey "I move that Council approve the Class D liquor license for Hillcrest Liquors, 4403 Wads- worth Blvd." Motion was seconded by Councilman Cavarra and carried 5-0. Motion by Councilman Cavarra "I move that Council approve Class E Drug Store license, Paramount Pharmacy, 10041 W. 25th Ave." Motion was seconded by Councilman Hulsey and carried 5-0. Motion by Councilman Howard "I move for the renewal of the Class F Beer and Wine license for Cuginos Italian Restaurant at 5807 W. 38th Ave." Motion was seconded by Councilman Donaldson and carried 5-0. Motion by Councilman Merkl "I move that Council renew the Class G with Extended Hours Hotel and Restaurant License for Valente's Restaurant at 5995 W. 38th Avenue, Class G with Extended Hours, Hotel & Restaur- ant, Red Lobster Restaurant, 4455 Wadsworth Blvd., Class G with Extended Hours, Hotel & Restaurant, House of Lords, 4111 Kipling and Class G with Extended Hours, Hotel & Restaurant, Verns, 7505 W. 44th Avenue." Motion was Seconded by Councilman Donaldson and carried 5-0. Motion by Councilman Donaldson "I move that City Council ap- prove the renewal of the Class T liquor licenses for Lost Knight Lounge, Inc. and Club Corner, Inc., Lost Knight located at 3270 Young- field and Club Corner located at 5551 W. 44th Ave." Motion was se- conded by Councilman Merkl and carried 5-1. Councilman Howard voting Nay. Item 5. Resolution Commending Charter Commission Members. Motion by Councilman Cavarra "I move that Resolution 547 be approved." Motion was seconded by Councilman Turner and carried 5-0. Council- man Turner asked that a copy of the Resolution by made available to each Commission member. Item 7. Payment of fees for Legal Consultant for drafting Second (Revised) Home Rule Charter; approved for payment by Charter Commis- sion Chairman and Acting Secretary. Mr. Jerman called attention to the list of expenditures to date and also explained that there would be a few bills still outstanding (secretarial services, etc. The current expenditures are $20,410.53 and the Original Appropriation was $15,000. A Resolution was prepared and distributed that would -3- need to be passed after the bill had been approved for payment. Motion by Councilman Merkl "I move that we authorize payment to Howe & Windholz, Attorneys-at-Law in the amount of $6,976.05 to be charged to Account No. 001-610-713-2. This will be the final pay- ment to these Attorneys." Motion was seconded by Councilman Turner and carried 6-0. Resolution to Transfer Funds into the Charter Commission Account was introduced by Councilman Cavarra. Motion by Councilman Cavarra "I move that Resolution 548 be approved." Motion was seconded by Councilman Turner and carried 6-0. Item 8. Request of DRCOG for review of Application of State De- partment of Highways re Project I 76-1 (35), 1-76 from 1-25 to Wadsworth. (Note comments by City Administrator dated 12/6/76, and reply by State Highway Department, included in material) Mr. Jerman presented the DRCDG report and attached comments and asked Council if there were any changes or comments they would like to add. There were none. Item 9. Proposed Policies and Procedures for Preparation of New Zoning Map and Required Expenditures. (Dennis Zwagerman, Director of Community Development Department) Mr. Zwagerman stated that Council had directed that the Zoning Map be redrafted. Policies and Procedures for Preparation of the new Zoning Map had been distributed. The proposal is that there will be 1) new Zoning Base Maps at 1" = 100', 2) this will require 45 sets of 3D' x 36' mylars, each showing a ~ section of land, 3) these will show (a) section lines and ~ section lines, (b) Right of Way, (c) approximate location of Lena Gulch, Rock Mountain Ditch and Clear Creek taken from aerial photos to trace those locations, (d) approved subdivisions, and PUD's (e) approved development plans and (f) Public Service Company Right of Way lines. These will not show 1) unplatted property lines, 2) exact street Right of Way lines, 3) exact location of Clear Creek, Lena Gulch and Rocky Mountain Ditch, 4) any items not included in 1 through 3f above. Question was asked if any other entity uses this size Zoning Map and the system of using maps without symbols. Mr. Zwagerman said quite a few do not use symbols, but did not know of any in Jefferson County. The procedure of hearings through Planning Commission, Public Hearings and City Council was discussed. The map would also be checked to guard against error, and once the map is adopted, it will be the one to stick by. There would be three mylars of each map - one in the vault, one in the City Clerk's office and one in the Community Develop- ment Department. These would be the Adopted Map and a generalized statement of zoning at I" = 500' or possible 1" = 200". Motion by Councilman Turner "I move that we Table this until a sample of a 1 - 100 map or 1 - 200 map and a map using the letter rather than symbols to show zoning, with some information from a city that uses letters rather than symbols." Motion was seconded by Councilman Cavarra and carried 6-0. Mr. Zwagerman is to bring in this information in next week. Item 10. Year End Resolution Amending General Fund and Capital Fund Appropriations for 1977. Motion by Councilman Donaldson "I move for the Adoption of Resolution 547." Motion was seconded by Councilman Merkl and carried 6-0. Item 11. Request by Police Department for 75 copies of the Wheat Ridge Code of Laws for the use by Police Officers. Motion by Councilman Cavarra "I move that we approve purchase of 75 copies of the Wheat Ridge Code of Laws from the Michie Company in the amount of $3,071.10 to be charged to Account No. 001-202-728." Motion was seconded by Councilman Merkl and carried 6-0. Item 12. Request to have motion of September 19, 1977 corrected with respect to prooer street designation. Motion by Councilman Merkl "I move that the Council motion of September 19, 1977, be amended to read 'I move that the 1977 Street paving program be extended to include re- moval of the existing asphalt at W. 35th Avenue between Gray Street and Harlan Street and that grading, scraping, and repaving to take care of and to eliminate an improper crown situation of this area that now exists', thus correcting W. 36th Avenue to read W. 35th Avenue." Motion was seconded by Councilman Donaldson and carried 6-0. -4- Item 13. Report of Director of Public Works re Safety alternatives for W. 44th walkway/bikeway. (Clyde Hobbs) Ms. Janice Thompson, 11290 W. 42nd Avenue spoke. She said that she had spoken with Mr. Hobbs and is in agreement with his problems. Her suggestions were (1) 4 x 4 Wooden posts, (2) asphalt berms, and wide lines, (double white stripes 6" to 10" wide~ Various pros and cons of each possib- ility were discussed. They recommend that the Police continue giving tickets for driving in the walkway and that Public Works investigate the possibility of a walk light at W. 44th and Tabor. On a Long Term basis, the path should be on both sides of the road with a 4 - 6 foot, if attached and would hope to have a separated or raised system. Marty Cerrone, representing the Wilmore Davis PTA said that children attending that school have to use the pathway. Two children have been injured and she believes that a separate walkway is safer. After dis- cussion of the various alternatives there was the following Motion by Councilman Merkl "I move that this City Council direct the Director of Public Works to begin tomorrow morning at 8 30 to alleviate the problem on W. 44th Avenue by first, moving the Guard Rail in the vic- inity of 44th to an area where it will protect the walkway, secondly, that Uni-strut posts, at a height of ~h to 4 feet, with reflectors be installed on 44th Avenue, thirdly, that the asphalt be removed from the swale in areas recommended by the Director of Public Works and fourth, that double striping be put in areas where it is feasible." Motion was seconded by Councilman Hulsey and carried 6-0. Item 14. Purchase of reflective tape materials for sign making for traffic signs. Motion by Councilman Donaldson, "I move that the pur- chase of reflective tape materials for traffic signs in the amount of $3,071.10 be approved and charged to Account No. 001-304-660. Motion was seconded by Councilman Merkl. Motion carried 5-1, Councilman Howard voting Nay. Councilman Howard asked what the "blue for Police Signs" was to be used for. Mr. Hobbs said that he would have to check. Mr. Hobbs said that he had some posts and a few blanks to be used up before new ones would need to be purchased. Motion by Councilman Howard "I move we table this for additional information next week." Motion was seconded by Councilman Hulsey and failed 3-4, Councilmen Cavarra, Donaldson, Turner and Mayor Stites voting Nay. Item 15. Report of completion of Brannan Sand and Gravel operations in Prospect Park and at the West Lake. Mr. Jerman said that he had spoken with Warren Cruz and the mining is completed. There are still some materials being stockpiled that will be removed. They are now sealing the banks, have created an island and removed the berm. They plan to plant trees on the island and install a sprinkler system. The island to be a sanctuary for wildlife. This will be completed next spring, when the weather permits. The project further west has not been started. Mr. Zwagerman said that a Change Order is needed in the fencing of the Hayward property as the fence is now in the way of the sidewalk and must be moved. Parks is unable to do it and the Contractor will charge $50. Motion by Councilman Hulsey "I move for the approval of a Change Order in the Amount of $50, for the contractor to move the fence." Motion was seconded by Councilman Donaldson and carried 5-1, Councilman Howard voting Nay. CITY ATTORNEY'S MATTERS Mr. Fox explained that in regard to the December 12, 1977 hearing on an alleged liquor violation, the Police Officer will be out for 5 - 6 weeks because of illness and therefore the hearing should be continued. The City Clerk was directed to notify the people involved that the hearing will be on the 4th Monday in January 1978. (January 23). -5- COUNCIL MATTERS Councilman Cavarra said that she had toured Mountain Bell with members of the Furnishings Committee and that they had used all of their furniture that would work and purchassJnew when needed. Councilman Turner asked re wording in minutes in July. She was asked to get together with the City Clerk and put the matter on the Agenda December 5. Item 16. Revised Merit System Rules and Regulations. Mr. Vidal said that the Rules and Regulations needed to be reviewed and then an Or- dinance prepared. Mayor Stites said that in view of the fact that only three more meetings would be held with the current Council, this item should be held over until the new Council will be installed. Motion by Councilman Hulsey "I move that we Table this until the new Council takes office." Motion was seconded by Councilman Howard and carried 6-0. Motion to Adjourn at 10 30 p.m. by Councilman Howard, seconded by Councilman Hulsey, all Aye. APPROVED (l~11 ,I"'.. / , I /--' ~) / ...