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 .
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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
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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.
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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).
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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
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