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HomeMy WebLinkAbout02/27/1978 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO February 27, 1978 A Spe~ialrv1~_etin_~ on February 27,1978, in the City Council Chambers, of Council Members and Parks & Recreation Commission Members with LandPlan/Camp Dresser & McKee representatives re Proposed Site Location Alternatives of Swim Pool in vJheat Ridge Park, I:"..as convened _~1.'lY.oLJ_~ilJJp~.a.LL~CLLm Present were Councilpersons Mary Jo Cavarra, Anthony N Fiasco, Gary L Lewman, Ray C Pepe, Louise F Turner, and Co~ncilperson Donaldson arrived at 7 15 P m Also present were City Clerk Carol F Hampf, City Administrator John A Jerman, City Attorney Edmund G Lambert, Director of Parks & Recreation Richard H Bredt, and interested citizens Neal Bastable, LandPlan Design, presented four sketches He reiterated background informa-tion on the primary and secondary pool design criteria Various citizens present expressed their concerns about the location of the pool and the other facilities in the Park Mr Bastable gave advantages and disadvantages of each location, and stated that his and the Parks Commission recommendation was sketch number one Tom Dodd, Chairman, Parks & Recreation Commission, asked Council to give Camp Dresser & McKee direction to begin making plans Motion by Council- person Cavarra "I move that we direct Camp Dresser & ~1cKee to resume preliminary design on the swimming pool concept as expressed in sketch number 3, subject to agreement of a revised contract", seconded by Councilperson Fiasco, carried 6-0 The reason given for choosing concept number three was because it was a more com- pact design and would better lend itself to covering the pool in the future Jack Rattray, Project Engineer, Camp Dresser & McKee, said they would look at that possibility in working on the respective plans The special meeting was adjourned at 7 25 P m Tbf Thr~~JiUrlcJY'~d N i nety-e.i9.hth Regu 1 ar Meeting of the l~heat Ri dge Ci ty Counci 1 \^!as called to order by t1ayor Oliver V Phillips at 7 40 pm, February 27,1978, 4J55 Field Street Councilpersons present were Mary Jo Cavarra, Joseph M Donaldson, Anthony N Fiasco, Gary L Lewman, Ray C Pepe, and Louise F Turner Also present were City Clerk Carol F Hampf, City Treasurer James 0 Halone, City Administrator John A Jerman, City Attorney Edmund G Lambert, Deputy City Clerk Phyllis J Kramer, Department Heads, Richard H Bredt Chief Ed Pinson, Dave Shelley, Robert G Vidal, staff, interested citizens ~pprov.!!.l....Q.Ulirl_utes of. tleetings of.Je12.ruary 9 and.~ 197iL Motion by Councilperson Donaldson "I move for the approval of the minut~s of the meetings of February 9 and 13 as printed", seconded by Councilperson Cavarra, carri ed 6-0 Public Comment D~ane Storm, 4240 Iris, reminded Council of the letter he had delivered at the meeting~February 13th relating to shortage of adequate field facilities for Soccpr: and requested consideration of possibility of acquiring land or use of presently owned property for a Soccer complex Jim Wriqht, 4265 Gray St , stated when the Soccer program first started in fall of-197~there was an enrollment of 130, and has increased through fall of 1977 with an enrollment of 575, expecting an additional 100 in 1978 He informed Coun i'l that several people have offered to volunteer time and labor to sod fields for this pr09ram Ma~~tlri~~, 4265 Gray St , expressed concern,at lack of Soccer field facilities, st1ting the sport had special values and beneflts for girls as well as boys, and was also enjoyed by adult women's teams Jerry Riedel, 4285 Hoyt St , added his support, stating this is a sport that allrnembers-of the family enjoy Tom Dodd, Jr , 9960 W 34th Dr , reemphasized the need for additional Soccer field~eviewed loss involved with placement of swim pool location, and sug- gested cooperative efforts with R-l School District in developing and com- bining use of facilities John Hardaway, 3590 Moore St , Mass Transit Committee, reviewed the letter of FebruarY--13th received from RTD in resronse to Council Resolution No 556 Mr Hardaway requested Council consider recommenda~ions re . (1) Extension of Route 8 on W 29th Ave fro~ Sherldan to Wadsworth ln September, City Council Minutes February 27, 1978 Page -2- (2) Funding partially ar in full of bus tickets far City employees, (3) Appoint- ment of Dan Kimball to replace a member who had recently resigned Councilperson Tur~er requested the matter of bus ticket support on the agenda of next week;---- together with air pollution solution, and with reference to supporting continua- tion of 83X--an express route--that the administrative office think about this and make up some recommendations for this problem Mr _Sullt~a~ stated that he was present in the event the matter of rezoning of 36th-38th would be discussed Item 1 Trans.!~of Location of The Southland Corporation ~lass...L.r:..ackil.~_Outlet 1 i c~Il.~~ _Z-=-E,L~~e~tore , _}79~U5,iJl_l.i.'1SL?.l..~___.t(U oc...a t i o,:!__()f 3200 Wadswort~ID.\fi ~otio~ by Councilperson Donaldson "I would like to make a motion that action on this matter be postponed for thirty days--the license transfer--my rea- son for this is, I do not think this was properly posted do not like the ~/ay the City made the survey on this" seconded by Councilperson Fiasco Concern was expressed by Councilpersons with respect to manner and location of posting, area included in house-to-house survey, and traffic problems Motion to amend by Cauncilperson Cavarra "I move that the Community Development Department pre- pare a traffic survey on this intersection for evidence", seconded by Council- person Fiasco A representative of the law firm of Holmes, Roberts, and Owens, was present to present the request for transfer Motion to amend carried by vote of 5-1, with Councilperson Turner voting nay --~otlC>>li1s~ended carried by vote of 4-2, with Councilpersons Lewman and Pepe voting nay Motion by Council[Jerson Turner "I would move that we re-schedule this hearing dealing with the beer license at 32nd & Wadsworth to March 27, 1978, the property be re-posted for the required amount of time prior to. the public hearing in a position from where it is clearly visible from both Wadsworth and from 32nd Ave, that posting not be on the building, close within 15 feet of the right-of-way" (It was suggested that it be posted on the corner so it can be seen by moving traffic and peopewho live in the area) The Attorney representing Southland stated he wanted to note for the record that the applicant, Southland Corpora- tion, feels that its rights have been prejudiced by the action of Council tonight, and in no way waives its rights to appeal Motion seconded by Council- person Fiasco, and carried by a vote of 5-1, with Councilperson Lewman voting nay Item 2 f!,QQJication by /~arkel Construction Co for preliminary and final ~1inor ~~bdi~ision~lil.t and Outline Development Plan for ~ndustrial Development District (!!.2J:~J'l and Van Gordon - Case No /1S-77 -IQ) rlr Shelley, Acting Director of Community Development Department, presented the Plannlng Depart's comments, and the stipulations and recommendation of the Plan- ning Commission, and recommendation of Public Works Dept for a Development Agreement The City Attorney submitted the letter of the Arvada Fire Protection District under date of February 13, 1Q7R, by H C Dodson, Fire Inspector, be made a matter of record Thomas E Kristopeit, of United Mortgage Co , part-owner of the property was present on behalf of the applicants The City Attorney stated the record should reflect no persons appeared in opposition to the request Motion by Councilperson Turner "I would move that MS-77-10 be approved, subject to placement of required fire hydrants on the plat, and subject to the provision that no building permits be issued until specifically approved by the Arvada Fire Protection District, until a written statement is received from Metro Denver Sewer stating that service can be provided to the properties", seconded by Councilperson Fiasco, carried by vote of 6-0 Motion by Councilperson Cavarra "I ,;auld move that Case WZ-77-31 Outline DevelopmentPlan for Industrial, Markel Construction Co , located at 49th Place and Van Gordon, be approved with the stipulation that the Fire Department approve the placing of the water hydrants, that no construction be allowed until notification is approved from Fruitdale Sanitation District regarding availability of service", seconded by Councilperson Pepe Motion to amend by Councilperson Lewman "I would offer an amendment to this proposal, that all of the areas referred to as overlap areas, be only calcu- lated one time in the Development Plan", secanded by Councilperson Turner, carried by vote of 6-0 Motion~~amen~~d carried by vote of 6-0 Hem..l l\.~jJl i.c::.at_i9rl.J:lY Ju 1 i et F Ne9~a rLand _~ichi\r~ _I.---Upah LtO!:., aflProva 1_ .Q! rezoninSLof parcel at~ou~~___I-70_ Frontage Road and Klpllng from.J'rese.l'l.LJ':l..dJ:ls,- !j"ial t9_C-l jCase No _,lj.~=-Z7~27) Mr She II ey, Acting Di rector of Commun ity Deve 1 opment Department, presented the Planning Department comments, and the recommendation of the Planning Commission City Council Minutes February 27, 1978 Page -3- for approval The Public Works Department recommends a Development Agreement ln th is a rea i:.<:L_Wi lJJ ams, vJi II i ams Rea lty, advi sed he had a Power of Attorney to represent the owners, stated he was the Realty Broker representative, was not an owner or an attorney City Attorney stated as to qualifications of Mr vlilliams, that he does have a Power of Attorney, however, the requirement is that the owner or his legal counsel appear on behalf of the application--that the statement is quite clear and is a reasonable requirement Motion by Council- person Flasco "In order to settle move that this matter'be--fabled for a two- week period in order to give the applicant time--in order to do the proper things, and not have any legal questions rise in the Council doing anything that might be considered preconceived", seconded by Councilperson Donaldson, carried by vote of 4-2, with Councilpersons Turner and Cavarra voting nay item L Appl i cati on by Coldwell~~nker Co_,fgr..9QQ!:Q"'-~.f.....Y'e~.QI1.i..nSLoL a ~~!. lQ.~~te.9.. at 4800 Kipl!.n.9.,fro!ll. 9.i..s..~teQ.J<-Uo_R.~.L.(Ci!se No_\~Z-7L=-~~J. ~~Sh~l,~, Acting Director of Community Development Dept , presented the Plan- ning Department comments and consideration, and the Planning Commission recommen- dations for approval A Development Agreement will be required for street improve- ments Comprehensive Plan amendment should be approved if Council accepts the five-foot dedication proposed Ierry Finiga~, Coldwell Banker, 17404 Ridgetop Dr , Houston, Texas, owners, present on behalf of the applicant No persons appeared in opposition to the applicant's request Councilpers~~Cavarra_.intro- duced the Ordinance (Ordinance numbered 258 and Title read by City Clerk) The City Attorney stated the Council could make the Ordinance effective one or more days after publication, and would further recommend that unless there is sufficient need or reason for less time, that Council use fifteen days effective after publication Motion by Council person Lewman "I would move that Section 2 on page 2 of this Ordlnance be amended to read to take effect one (1) day after final publication", seconded by Council person Turner, carried by vote of 4-2, with Councilpersons Flasco and Donaldson voting nay The City Attorney also advised that anyone voting against any rezoning ordinance should state the reasons therefor Motion by Councilperson Cavarra "I move to adopt Ordinance No 258 on first reading, that the finding is that this is a disputed zoning case, and the proposed action will clear any possible discrepancies in the R-C Zoning, that it be published, and that consideration on final passage be set for March 13, 1978, at 7 30 pm, and to include that the Ordinance shall take effect one day after final publication", seconded by Councilperson Lewman "I would move that 49th Ave at the intersection of 49th and Kipling on the east side be amended to a sixty-foot right-of-way on the Comprehensive Plan", seconded by Councilperson Cavarra, carried by vote of 4-2, with Councilpersons Pepe and Fiasco voting nay Item 5 ~Qplication by Chris & Tulla Papedo for approval .of rezoning of a parcel lOcated at 7400-7490 W 38th Ave from.Jl!ese.nt R-C to C-l (Case No WZ-77-28) nr She 11~, Acting Di rector of Community Deve 1 opment Dept , presented the Planning Department comments, the Planning Commission's January 5, 1978, recom- mendation for approval, and the requirement of Development Agreement for street improvements Mr Papedo, the owner, and his attorney, Lee Rallis, 700 Metro- politan Building, Denver, were present, and set forth reasons for request Councilperson Cavarra introduced the Ordinance on first reading (City Clerk assigned No 259 and read title) No one appeared in opposition to the zoning request Motion by Councilperson Cavarra "I would move that the rezoning from R-C to--C~r-be approved with the following findings that it has not been established that the applicant is prepared to meet all requirements of the zoning code, namely, parking requirements and landscaping requirements, and that evidence to this be introduced on second reading, additional finding for the action taken the property has been developed, will result in no major changes request is in compliance with the Comprehensive Plan, and let the record reflect there is no opposition to this rezoning request", seconded by Councilperson Turner Coun~jJj:Jerson Turner stated "I am going to vote ag~inst this Ordinance for rezoninq for the following reasons (1) The present zonlng is in compliance with the Comprehensive Plan, (2) The property is bordered on three sides by the same zoning--Restricted Commercial--on the south, on the east, and on the west, and diagonally to the northeast, (3) The presen~ uses and R-C uses under the present zoning are compatible with the surroundlng zonings, with the surrounding uses, and with the surrounding development, (4) There is no indication that a change of zoning is needed to allow use of the subject property" ~ouncilperson..~e "I would like to give a reason City Council Minutes February 27, 1978 Page -4- why I am voting against this The present zoning of R-C is the best use of this property, and the present zoning of R-C to the east, west, and south, is the rea- son that this property should remain R-C" CounciljJerson Fiasco "I would also like to state that I intend to vote agalns-r-this-motlon-for the very reasons that Council person Louise Turner gave" Counci.lJl.erson Donaldson "I, too, am goi ng to vote agai nst thi s ordi nance for thesame-reasoris-ThatHrs Turner qave" Motion to approve defeated by vote of 1-5, with Councilpersons Turner, Donaldson, Fiasco, Lewman, and Pepe voting nay (for reasons above stated), and Councilperson "'-e~.I1l~n_ stating "for all the reasons previously stated" --, Item 6 AJlJllication by George F and Esther R Cook for ~roval of rezoning of a par:~e 1 o,:Lyroperfyl ocat~:aar-7853W.~1.8thAve.--frOiiijfesen:tPCDtoRC \tase~ ~_ VI l..:ZZ:2.6 ) , -. .---..-~--- .--,~, Mr Shelley, Acting Director of Community Development Dept , presented the Planning Department--comments, and the Planning Commission's February 2, 1978 recommendation for denial Robert Sonheim, attorney, appeared on behalf of the applicants who were also present George-F Cook, applicant, was sworn in for purposes of giving testimony Albert E Anderson attorney, was present to represent a group of Doctors in opposition to the request including Drs Joyce Wood and Robert Wood, setting forth reasons for opposition and allegations of improper posting Motion by Councilperson Turner "I would move the matter be deferred, and the property- posted, and re-scheduled for a time in accordance with the proper length of time required for posting", seconded by Councilperson Cavarra, motion carried 6-0 Item 7 Applicati~~~lewood Village and Amoc~Oil~ompany for ~ezoning of a Q.~cel.9i.Jl.) roperty located at 3190 YQ.!jngfield from 2.!:esen.L'3.:_LjJ)__~:1._(Cilse NQ. WZ-77-20 ~--- r~hellex, Acting Director of Community Development Dept , presented the Planning Department comments, and the Planning Commission's recommendation of January 19, 1978, for approval Mr Becker, owner of the property, Ken Murray, Senior Project Engineer for Standard--Oi~~Station Manager were present-cln'behalf of the application No persons appeared to speak in opposition Councilperson Pepe introduced the Ordinance on first reading (City Clerk assigned No 260 and read title) tlotion by Councilperson Lewman "I would move that Ordinance No 260 be adopted on first reading and final passage be set for March 13, 1978, at 7 30 pm, and that the Section 2--that that statement be amended to fifteen days, and the reason is that it complies with the Comprehensive Plan, and that it was for- warded with recommendations for approval by the Planning Commission", seconded by Councilperson Pepe CouncllRerson Turner stated she was going to vote against the motion because "it presently complies with the Comprehensive Plan, and the present zoning has not resulted in inability to use the property" Motion carried by vote of 5-1, with Councilperson Turner voting nay (Comprehensive Plan Amend- ment) Motion by Councilperson Lewman "I move that the Comprehensive Plan be amended to show that the intersection of 32nd & Youngfield on both streets be sixty feet for right-of-way instead of 84 feet required by the Comprehensive Plan", seconded by Councilperson Cavarra, carried by vote of 5-1, with Councilperson Pepe voting nay Item 8 Ordinance repeali~9rd No 231, series of 1977, and Ord No 241, series of 1977, bYproyiding for 5% pay increases rorCltY~@ees retroa_c.!ive t~ January 1, 1978.~rl.~y!0'ddi_r:!g.that all cla.ssifications,~grades__a~ay ~a~ges sha 11 rema in in effect_hereaf1:er _.~r1.t il changed by Ord i nance, and fur.the.!_EroVl~l_nJL amendments to fee and special contra~tuaJ_-li~~~ Ordinance introduced by Councilperson Fiasco (City Clerk assigned No 261 and read title) Motion by Councilperson Donaldson "I move for the adoption of Ordinance No 26~n first reading, and order it published and posted", seconded by Councilperson Fiasco Motion by Councilperson Lewman "I would move that the Chief Court Clerk and the Deputy Court Clerk, pay grades 18 and 22, respectively, be removed from Section 7 to Section 1", seconded by Councilperson Turner, carrled by a vote of 6-0 Motion to adopt carried by vote of 5-1, with Councilperso~ Pepe voting nay Moti.Q.Q. by Councilperson Cavarra "I move to set March 13 for flnal passage, and that the remaining provisions shall take effect one (1) day after final publication", seconded by Councilperson Flasco carried by vote of 6-0 H.E:'m_2. n!:..d.j~~nce No 256__e_~!?_tJJ,iJ;hi n92_aJ5lI.;L.(),LS.itx_ Treasu.rer Motion by Councilperson Turner "I move that Ord No 256, on second reading, hav-e'-title read, and that it be approved", seconded by Councilperson Lewman carried 6-0 City Council Minutes February 27, 1978 Page -5- Item!Q OrdiQ~nce No 257 establishing salary of City Clerk Councilperson Donaldson introduced Ord No 257 on second reading and asked City Clerk to read title Motion by Councilperson Turner "I move Ord No 257 be approved on second reading"~ seconded by Councilperson Donaldson, carried 6-0 l.t:~1]1-11. Be.~Q.!.lJJ.i.Q~Jlll.Y:.oviD~i nvestment.().L~~tured Certifi cates of ~pos i 10__ Resolutions introduced by Councilperson Lewman, and assigned numbers 563 and 564 respectively tvlotion by Councilperson Turner "I would move that this Resolution (No 563) authorize -a Certificate of Deposit at Bank of Applewood for $100,000 to bear interest at 712~; for approximately 180 days", seconded by Councilperson Cavarra, carried by vote of 6-0 ~10tion by Councilperson Donaldson "I move that the additional $200,000 be deposited in the First Bank of Wheat Ridge at 7 4~:' interest by Resolution No 564 for approximately 180 days", seconded by Councilperson Fiasco, carried 6-0 Item IJ. City HallJ2aJj~~s (Dee Burton~ City Hall Project Coordinator) (a) ~w~C~.Q( Bid for City Hall Furnishings Motio~ by Councilperson Cavarra "I move that the City Council authorize staff to proceed with awarding contracts for the furniture/equipment for the Municipal Building in accordance with the recommendations of the consultant, Interplan, Inc , as detailed in their letter of 2/22/78, with the exclusion of the auditorium chairs for the Council and Court chambers In addition, the staff is authorized to proceed with obtaining bids on the additional items, as refinishing and repainting existing furniture, listed in the Interplan letter of 2/22/78, and contracts may be awarded provided the items are within budget as estimated The color scheme for the furnishings will be selected by a committee composed of the consultant, the Staff/Council Furnishings Committee and City Department Heads, and be charged from Account No 31-504-811", seconded by Councilperson Lewman, carried by vote of 5-1, with Councilperson Turner voting nay (b) ~war~ of Bid for City Hall Telep~one System Motion by Councilperson Flasco "I move that the City of Wheat Ridge award the telephone system to Mountain Bell under a telalease arrangement, based upon their bid proposal of 2/9/78, that the Police Emergency lines be incorporated into the system and be covered under the telalease arrangement, and that up to four private lines be provided in the sys- tem, and charged to Account No 31-504-811", seconded by Councilperson Donaldson John Snead, 4951 Miller St , was present concerning the bid proposal of his firm, InterWe~Comm , for the telephone system Motion carried 6-0 Motion by Coun- cilperson Fiasco "I move that the contract with Associated Communications Con- sultants, Inc , be terminated and paid in full for the original contract amount since the consultant services have been completed and additional services are not needed to supervise implementation of the telephone system", seconded by Councilperson Turner, carried 6-0 t10tion by Councilperson Lewman "I move that effective with the awarding of the furnlShings bid, except for the auditorium chairs and the telephone bid, that with the exception of architectural errors and omissions, the City Hall design be frozen", seconded by Councilperson Turner, motion failed by a vote of 2-4, with Councilpersons Donaldson, Fiasco, Pepe, and Cavarra voting nay Motion by Councilperson Cavarra "I move for authorization of design approval for additional Change Order No 3 items as outlined in HDR's letter of 2/17/78", seconded by Councilperson Fiasco, carried by 6-0 Motion by Councilperson Cavarra "I move for approval of Emergency Cost Authorization Form ECA-12 re electrical changes requested for interior design and approved for design work by Council on 2/12/78, per Change Order construction cost of $1915 approved 2/22/78", seconded by Councilperson Pepe, carried 6-0 Item 13 Award of Bids ----- ~---~ Motion by Councilperson Cavarra "I move that the lowest and best bid be awarded to Big 'R' of Greeley, at 818 3rd Ave, Greeley, CO 80631, for Traffic Sign Blanks, not to exceed $6585 50, to be charged to Account No 304-660, that the lowest and best bid be awarded to Stevinson Chevrolet, at 14700 W Colfax Ave, Golden, Co 80404 for one 3/4 ton Van 12-Passenger, not to exceed $7292 59, to be char~ed to Account No 19-503-795, City share to be $3492 59, Kiwanis Club of Wheat Rldge share to be $3800, as per Council approval 12-5-77, and that the lowest and best bid be awarded to State Bid, State of Colorado through Chuck Ruwart Chevrolet for ComDact Pick-up, not to exceed $3486 35, to be charged to Account No 19-503- snR", seconded by Councilperson Lewman, carried 6-0 City Council Minutes February 27,1978 Page -6- Motion by Councilperson Donaldson "I move that the lowest and best bid be awarded to Mutronic Products, at 3195 S Franklin St , Englewood, CO for two Speed Guns, at a total cost not to exceed $2450, to be charged to Account No 203-809", seconded by Councilperson Fiasco, carried by vote of 5-1, with Councilperson Pepe voting nay Item 14 Correctin~motio~ of FebruarY~12~~5, item 18) Motion by Council person Lewman "I move that the Council motion of February 13, 1978, be amended to read 'I move that John Wieder be authorized to attend the New Mexico Swimming Pool Institute to be held in Albuquerque, New Mexico, March 10-11, 1978, to be charged to Account No 001-602-728, not to exceed $224''', seconded by Councilperson Donaldson, carried 6-0 Item 1~ Resolution requesting.Jeffer~on Cou~~n Space Committee to secure a qua 1 ifi ed appra i sa 1 for prQ.Perty located at vJ 44th &, Mi 11 er St proposed for flossiJl.le a~~sition under, the Open Space Program for Parks & Open Space purposes and to purchase such property subject to conditions Introduced by Councilperson Lewman (City Clerk assigned No 565 and read title) Motion by Councilperson Turner "I would move that Resolution No 565 be approved", seconded by Councilperson Lewman, carried 6-0 Item 16 Renewal of Cl ass D Ret~i 1 Liquor Store ~~~~~_.f.or OJ<L Prospectors Li9.- uors.-:- 501 ~lijJJ:0Jl Motion by Councilperson Pepe "I move that the renewal of Class D Retail Liquor Store License for Old Prospectors Liquors, 5012 Kipling, be approved", seconded by Councilperson Lewman, carried 6-0 l!em 17 Decision (Resolution) concerning purchase ~_~ueri~_2!~ty at W 38th and Qua i 1 St frollU2IJ..en Space Funst2. Introduced by Councilperson Cavarra (City Clerk assigned No 566 and title read Motion by Councilperson Cavarra "I move for adoption of Resolution No 566, with the amendment at the end, 'subject to fi na 1 approva 1 by the Ci ty as to pri ce ''', seconded by Counci 1 person Lewman, carr; ed 6-0 City Attorney'~ ~1atters The City Attorney suggested that at a Study Session in the very near future Council consider how to implement the Charter with its various provisions He also indicated that whereas in the past he had been favoring two Public Hear- ings on rezonings, he is now leaning toward passing the rezoning ordinance on first reading (it would be approved only as to form and that it had been pre- viously approved by the Planning Commission and not to be construed as approval of the zoning) Then the Public Hearing would be held at the same meeting as the second reading City Attorney was asked to come back with a definite pro- cedure--March 6--perhaps at 7 00 Council Members' Matters Council person Fiasco asked clarification of the City Attorney with respect to \1l Before meet with the County Commissioners on the Open Space program, is this considered or construed as a secret meeting (The City Attorney replied that the case is "close" but that it does come under the requirements of an open meeting and if it is closed could cause problems) (2) Clarification on inverse condem- nation (The City Attorney defined Inverse Condemnation as depriving someone by legislative action of the effective use of their property The City Adminis- trator said there is one difference--that is, the School Board did request a closed meeting) Announcements Mayor~hilli22. announced reminders of meetings of March 8, March 15 (Jeff Co i\nimal Facility tour), February 28th Jeff Co Governments meeting at 6 30 pm, and that would would be an alleged liquor violation hearing at 6 30 P m March 6 Council person Lewman advised applications for reservations to the National Assoc of Regionai--Council meeting in May in Denver for anyone interested in attending were available through the Mayor's and Clerk's offices ~1EETING ADJOURNED~T 12/-43 a m ./ ---", f i, ..._}'_, CAROL T ((H~MP'F, crrfc1.{~~--'--_.- pj k APPROVED , 5/) I _.,~...!'-._...!--,_~__,_,_ xxxxxxxx City Council Minutes zzzzzzzzz Item 1 City Ha II Ma tters l{ecommeQ.,~atl o~tQl"_La~.Q.s~.!l~I~rChlt~ct _!.2T ..l:2:D'. Hall/Park ~ik Dee Burton, City Hall Project Coordinator, presented the evaluation and recom- mendations of the Landscape Committee r,10tion bj Councilperson Donaldson "I move that the staff be authorized to negotiate a contract for architectural landscape design services for the City Hall/Park site at 29th and ~adsworth Blvd with Oblinger-Smith Corporation, for a fee not to exceed $7500, to include Survey costs and related fees, and charged to Account No 31-504-811", seconded by Coun- cilperson Lewman, carried 4-0 Ms Burton announced the color scheme for the building has been agreed upon Fur- ther study/consideration of auditorium seating is in process, and will be rebid as alternate seating suggested will probably cost more Item 2 HUD ~J.i c9J.i ons r~--.E.!:..c!Q.~r::ty_.at 38th & Depew (m.u Hle.l~~~lJlT)~/h()~iQ.9.) Christopher J Munch, 3841 Chase St , spoke in on~osition to the proposal Re- ferred to letter signed by Homer ~cre and Dr Day re Court decisions upholding LjI ',.J-f" CITY COUNCIL MINUTES CITY OF 1':HEAT RI DGE, COLORADO f1arch 6, 1978 /J! iTh~_.Ii~il!inC]Jl~.91'l. Alleged Li~r Viol~!J..on_i.Q'{Cl.lV!t12..fr:~::.tj,=Pi~, located at L~ ~I 9345 W 44th Ave, in Wheat Ridge, was called to order at 6 30 p m by Mayor 'i Oliver V Phillips Councilpersons present were Joseph M Donaldson, ~ Gary L Lewman, Ray C Pepe, and Louise F Turner Also present were ,,' City Clerk Carol F Hampf, City Attorney Edmund G Lambert, Chief Ed Pinson, and Ruth Carsh, Certified Court Reporter Ed Lambert, City Attorney, presented the City's case He stated that there was a stlpulation that a violation of the Liquor Code had occurred, that an 18-year- old had been sold a 6-pack of beer, and that the employee had failed to ask for identification This is the only violation vlith these O\'mers He called Fr(1nk L Nowakowski, 100g0 W 44th Ave Officer Nowakowski stated that he saw the pur-Chaser-conle out of rrk-~J !)iK, and that he did not appear to be 21 years old H Earl Moyer appeared on behalf of the Barnes Investment Co , dba P k-N-Pik He-stated that i1r and ~irs Jack Chavez are 1000! owners of the store as of ----,-.-.- -. ----"' -,-,---_.-- November 16, 1977, and stated that an error had been made He called the emoloyee who had sold the beer, Mrs Lori Molner, 4622 Holland St She stated that she had worked in liquor salesfor-sevenyears, and this was her first violation The purchaser had been a pleasant well-dressed person, and she was busy getting ready for New Year's Eve In answer to a question, Mrs Molner said that a Colorado Driver's License with picture, a College ID with picture, or if they did not have an 10 with picture, they requested two ID's Mr Moyer requested that Council take into consideration that this was a first violation t10t i on by Counc il person Turner "I move that the Counci 1 fi nd that, as s t i p- ulated, a violation of the Liquor Code did take place at Prk-N Pik Liquors, on Dece~ber 28,1977, in which a 6-pack of beer was sold to an under-age individual, and that identification had not been asked for I further move that the package liquor license of Prk-N-Pik Liquors at 9345 W 44th Ave be suspended for a period of seventy-two (72) hours, beginning at noon on March 7th and ending at noon on r'1arch 10, 1978 Also, the Clerk is directed to give the proper notices" Motion seconded by Councilperson Donaldson carried 4-0 He.9!ing adjCl.ur:ne~ The Three..J:1!:lnd::.e.sLN_i.Q~:tZ.::.l'l.iJ1Jb.~Re.9.u.larr'leeti ng of the Wheat Pi dge Ci tv Council was called to order by Mayor Oliver V Phillips at 7 32 pm, March 6, 1978, 4355 Field Street Councilpersons present were Joseph M Donaldson, Gary L Lewman, Ray C Pepe, and Louise F Turner Also present were City Clerk Carol F Hampf, City j\,dmin- i strator John A Jerman, Ci ty j\,ttorney Edmund G Lambert, Deputy Ci ty Cl erk Phyllis J Kramer, Department Heads Richard H Bredt, Clyde E Hobbs, Chief Ed Pinson, Dave Shelley, and Robert G Vidal, staff, and interested citizens R~cCl.IllI11.~Qda_!1.0.~f()!'..Lan9sca~ j\,rchi t~<::t _ for. Ci 1::L Item 1 City Hall Matters ---- Ha ill Par k_I[f~ .. Dee Burton, City Hall Project Coordinator, presented the evaluation and recom- mendations of the Landscape Committee i~otion bj Councilperson Donaldson "I move that the staff be authorized to negofl.ate a contract for architectural landscape design services for the City Hall/Park site at 29th and INadsworth Blvd with Oblinger-Smith Corporation, for a fee not to exceed $7500 to include Survey costs and related fees, and charged to Account No 31-504-811", seconded by Coun- cilperson Lewman, carried 4-0 Ms Burton announced the color scheme for the building has been agreed upon Fur- ther study/consideration of auditorium seating is in process, and will be rebid as alternate seating suggested will probably cost more Item 2 f:lUDJ~pp l.ic:a!i ofl~J~~J'_,Y'gEeY'1:y',,-t J.8tb. .LDt:jle~J_J mu.l tjpJ ~_.(jv.:elliQ9.~Lbous ing) Christopher J Munch, 3841 Chase St , spoke in onposition to the proposal Re- ferred~letter-51gned by Homer Acre and Dr Day re Court decisions upholding restrictive covenants pertinent to the property in question nren 70npd for residential use, proposal not in conformity with the Plan for this area, and would affect monetary interest and quality of life for area residents Jennie Pettit, 3930 Eaton St , resident since 1~07 strongly opposes construction oTThe -proposed development, does not conform to the residem:Ll character of the area, blanket restrictive covenant was placed upon entire area limiting the construction to one-family residence Past attempts to chan0e or develop other- wise have met with leoal action, and enforcement of the F~trirtiv~ venants have been uoheld bv the Courts There is also a drainage proolem in this area which would' be aggravated by the proposed construction doubtful that existing City Council ~inutes March 6, 1978 Page -2- sanitation facilities would be sufficient, may also create domestic water supply problems, schools now inadequate, and traffic impact It/ould be increased L Homer Acre, 4017 Depew St , spoke in opposition to the proposal Mr Acre cited the restrictive covenants and Court cases upholding enforcement in previous Court actions He stated the building of the apartment complex will adversely affect the value of and the livability of their homes, the preservation of their neighborhood is in the best interest of the Denver Metro area Dean Randall, 3901 Eaton St , also spoke in opposition to the proposed apartment complex:-relating past history of residence of family, park named after Father Would like to live here a long time, apartment complex would increase amount of population in area adding to noise and air pollution, added traffic, with in- creased safety hazard to all, decrease property values A show of hands indicated some fifteen to twenty people present in opposition to the development as proposed City Attorney commented in response to Council query that it would probably be bound by restrictive covenants if found to be valid Mr Shelley, Acting Director, Community Development Dept , gave report of the Plannfng'Commission that after consideration, recommended by unanimous vote to disapprove the development as proposed as too intensive and did not comply with the Comprehensive Plan HUD is not bound by Council actions, however, they take the recommendations from the local government into high consideration Councilperson Turner requested that HUD be once again advised that such develop- ments be dispersed rather than in large numbers in one location, thus to become a part of a neighborhood, rather than as an area identified Amended Motion "I move that the Counci 1 forward our recommendati ons on the proposarC099-0039-010 to HUD with the information that the request does not comply with the City of Wheat Ridge Comprehensive Plan, that the existing zoning does not permit number of units applied for, nor the uses, specifically, the laundromat, and that the staff be directed to put the response into technical compliance with the regula- tions from HUD, I would further move that the proposal as requested violates the Restrictive Covenants upheld by the Colorado Supreme Court as it applies to the Stewart Gardens Subdivision, and that the amount of units that can be built would not be compatible to the area north, east, and west of this prop- erty" Original motion by Councilperson Lewman, seconded by Councilperson Donaldson Amending Motion by Councilperson Pepe, seconded by Councilperson Turner Amendment carried by vote of 4-0, amended motion carried by vote of 4-0 Iten1...l Adopt Policy and Procedures re Zoni~by Ordinance City Attorney presented report and recommendations concerning rezoning proce- dures, would recommend having a public hearing immediately prior to the second reading, suggest adopt procedures as outlined in the proposed Amendment to Coun- cil Rules of Order and Procedure, to be eventually outlined and adopted by Ordinance It was acknowledged that when rezoning ordinance is introduced on first reading that a vote in favor in no way restricts a vote in opposition after the public hearing to be held before the second reading Amended Motion "I would move that all Rezoning Ordinances have the Title read infuilon~First Reading Rezoning Ordinances recommended by the Planning Commission for approval shall be passed on First Keading and scheduled for Public Hearing immediately prior to Second Reading After proper publication, the Ordinance shall be read by Title only on Second Reading and then opened to the Public Hearing Follow- ing the Hearing, the City Council shall make findings of fact based upon the evidence presented prior to their making a motion for final action on the Ordinance Pursuant to the findings made, the Ordinance may be defeated, adopted in final form, or amended All other procedures established by the Rules of Procedure shall apply to Rezoning Ordinances unless specifically stated herein In the event a recommendation of denial is forwarded by the Planning Commission, the recommendation will be considered final unless appealed by the applicant The appeal shall be made to City Council within thirty (30) calendar days after recommendation by the Planning Commission In the event appeal is properly made before City Council, then a full revie\'i of the record presented to the Planning Commission shall be made, and the applicant shall be given opportunity to present argument in his behalf Council may, in its discretion, provide the opportunity for full Public Hearing at a later time" Original motion by Councilperson Turner, seconded by Councilperson Pepe Amendment bj Counciloerson Turner, seconded by Councilperson Lewman Amendment carried by vote of 4-0 amended motion carried by vote of 4-0 City Council Minutes t'larch 6, lq73 Page -3- It_em...4 Stat~~cJ__r~~_~()rnp.?..ct Pj.c~,lJ,P lCou_nci 1 ~~ee:t..i.n,s"ClLF~_Q.r,uary 27-,-197~) notion by Councilperson Lewman "I move that the lowest and best bid be a\>larded fa state Bid through State of Colorado to Rosen-Novak Ford Co for a CDrlpact pickup truck, not to exceed $3530, to be charged to Account No 19-503-808, Revenue Sharing Fund, and that the previous award to Chuck Ruwart, Chevrolet, for this item be cancelled due to Ruwart's \~ithdra,'lal of his State Bid", sec- onded by Councilperson Donaldson, carried by vote of 4-0 RJGULA..RI1~EJJNG_!\DJ_0.URNED .Al...8 .29_p m ~TUDl SliSION.JONV~NEI:J...BIJ'~J\,YOR,.PH.L",LIE.S_.at 3)0. p m Itelil 1 ~egue.~()L\~b..e.aL Rl..d8~ Se,ni ors.Y'e__S,E'.,nl..or C~ tj_z.en. _C~r1.ter Dudley F Bentley 4403 Teller St , related history of organization of !Nheat Rfdge.Senlor"s.- flr Bentley described the activities of the ad hoc committee of the group in touring and studying Senior Centers in the Denver Metro area in the planning of a Senior Center in Wheat Ridge Lee Graham, 2926 Ames St , requested support for planning/development of a Center fnWheat Ridge citing cooperation of Parks Board, and indication of studies by various groups of importance and need for availability of a Center The group felt that the Hart Estate was not satisfactory, as too small, a two- story building, load-bearing walls not feasible for removal, and isolated for safety purposes He recommended the Center be placed in an area adjacent to the City Hall Complex at 29th & Wadsworth, as there are more Seniors in the eastern part of City, would be a safety factor as close proximity to Police Department, and accessibility to public transportation He stated the Seniors would donate what could be feasible with respect to finances, and suggested the 1979 tax/rent rebate could be set aside and used for the facility He described the Elsie Malley Centennial Center facilities of 13,800 square feet, and estimated that with costs at $50 square foot, a facility in Wheat Ridge, furnished, could be built for $750,000 ~ounc~Y'son Do.n~ld~o~ suggested that he thought it would be a good thing to get started in the City, and there should be formed a citizen's committee, possibly made up of the Senior Citizens, to go into this, and have some further study, to find out costs, what is needed in the way of a building plans, rooms, etc J.:t:em 2 PY'~~_nta!j o~. by .JJ.r.9_a..n_D.Y'il,j.!:l_a,~s..tri c,L,i\.nd ItJri gr~t-~lcJ.-_aughJJ !l..Ii' Fi"r,s !._S,E'.,ct i.()n._.oJ: .Leni1..~~c:,~._Des i g.rl...f!om_C..l ear Cre~!<..!Cl_,\i_.3J3th.f\ve Brian Kolstad, Civil Engineer, Urban Drainage District, Pike Lucci, Dave Love, an-a ~lll :i...am Ia.9.9.ar!, of \Jri ght-~1cLaughl in, presented the severaTi.iTternaTi ves for the first reach design The representatives stated a Public Hearing on this matter had been held in October, thereafter, further reviews and analysis made, a Master Plan had been develo~ed three years ago, that citizens are welcome to review files and information available in offices of Wright-McLaughlin, and made the following recommendation That alternate number 6 is recommended for the design of the first section of Lena Gulch, and requested Council and City staff to study the alternates for consideration at next Council meeting Dave VanHooser family, 4152 Kipling, Sam Martin, 3835 Robb St , and other area resident/cltTZens~who did not give thelr-name~ appeared to voice their opinions and suggestions re design of first reach of Lena Gulch Their concerns covered opposition to proposed alternatives that original channel has never been cleaned out in last fifteen years, bottleneck at Red Barn location, Lena Gulch matters should be discussed in same manner as a zoning case, concern of over- flow from r~aple Grove reservoir traffic problems during construction, and insufficient notifcation to area residents There are five other public meet- ings scheduled for t1arch and jl.pril, notices to be published in the paper, these meetings to cover other areas of the Lena Gulch design alternatives Necessary for a decision to be made with respect to the first redch design before devel- opment of remainder of design can be made The orioinal deadline for desion completion was September 1978, and the longer it takes for decision, the contract costs will increase In the original agreement, it was set up for one public meeting and one Council meeting on each one of the reaches The rieeting of t~arch 6th was, in effect, to all o \>1 additional citizen input briefinq of Council, and to f:lake decision next meeting of March 13th Consensus of Council aGreed that the decision would be set for ,arch 27, 1978 that citizens not present toniQht would be contacted City Council ~inutes Harch h, 1 978 Page -4- requesting input, and if desired, an additional meeting with Council will be held prior to March 27th if no response received, no need for another meeting ]tem ~ PrQP()se_dP,-eclassification and Title Changes for City Positions as 8.e_com~en~d~,d' byJ5~Es'oiln~l j;:~rriin:Esi,()n~-.-.-._._... - -. -- ~1r__Vj.9.91, Director of Administrative Services Dept , informed Council that a num- ber of positions were audited per specific requests for possible reclassification, and after examining job audits, proposals, and salary surveys, the Personnel Commission developed certain recommendations It was consensus of Council that since this would only partially solve some problem positions and possibly add to the already present compaction problem, that consideration of this proposal should be delayed Further, that if too much time becomes involved, could pos- sibly make changes retroactive, and that the City ~dministrator is to bring in the appropriate information--a proposed plan with a permanent solution to all the problem areas, including compaction, as quickly as possible Item 4 A A P fl.r.oYJl.l._().f ._ R TQ,_ Ro u t ~ _~ h anJl~J;.<u2I 0 v.i cl.~ s e r vJ..c: e ...0 tl_ I'J. u 1.91 Q_~_'{e __t 0 new City Hall and subsidy of bus fare for City Employees to and fr-om ~lOrk' - . -- . --- - ..--------------..-- ----.- - - Joh~~rda~iY, Chairman, ~1ass Transit Committee, reviewed recommendations of Committee re RTD local service on Iv 29th .Ave for City Hall Complex and Bus/Carpooling subsidy for employees to encourage participation B_E.ropg_s..e.s:L.B~~(}J,,LJ,t i o_~conc~.r..l1.:LIl_9'...E.()]Ju t i Q.n.J:on :tr_o l,..i.Il.._Whe..a.1... Ridge Council suggested combining purposes of respective proposed resolutions re Bus fare subsidy and promotion of carpools for consideration of Council, and/or a policy to be outlined by City Administrator with respect to policy, uses, responsibility, and a survey of City employees as to transportation needs and uses would be useful in developing a City policy Also, appointment of new member to Mass Transit Committee to be considered by Council at meeting of ~1arch 13, 1978 ~__JPro~(}~ed Ordinan~e re Brown Cloud--Air Pollution Councilperson Turner proposed Ordinance to restrict idling time of motor vehTcTestclh-eTpelfminate "brO\'in cloud" (She indicated addition of this item had been cleared with rest of Council ) l.:te..n1.....~l3..e.c:.()r!!.me n <:IJlJi_o.fl. of._D~J1..aIJm~..I1J:. ._<JLPtA,l21i,c:J'! 0 r 1s.?,_~or:!.e:,~C0_LrJstJle s i g r1. 0 f Footbr.icl.9.e~,y,!l_Cl~,il.r_.~re~k__il,LJ.!:1~_enden.c:.~ iL._~r:!.c! a t Pros pee:, t Park Dave Love, Wright-McLaughlin, reviewed the four alternatives presented for con- sideratlon Council expressed concern at costs of proposed alternatives, flood plain consideration, type of bridge as related to proposed uses and needs, availability of grant funds Concern was expressed over large costs, and if it is necessary to have bridges capable of vehicular use Ite~ ~ Councilperson Pepe requested an Ordinance for next Council meeting to place all schools in a special zoning district An Ordinance re special zoning of Parks, libraries, fire stations--public uses--to be prepared for March 13th meeting, properties to be posted and prepared for rezoning-- Planning Commission to review for recommendations prior to second reading Mass Rezoning (35th-38th, Independence Ct ) Mr Shelley, Acting Director of Community[)'evelopment Dept , reported the PlanmngCommission to consider removing it from the Table on March 16th, and probably schedule the matter for April 20th, pending newspaper publication, etc l!.e.TI1.Ji___"1, DRCOG'_.8.es!~!f:'.cJ._8.e..9J.9_naJ High~ay Plan _ Ne!~,-o.c.k. It was Council consensus that with respect to W 44th Ave Funding Application, that City's street standards should prevail however, if this requirement should invalidate funding, then should be returned to Council for decision on final outcome (Gary Lewman, DPCOG Council Representative) Lt..~~l. 6-.--Jl. DRCOG ...s.E:.9..i o.ni3.l~r:.()wtb,~ndDeve..1CJQllle.tlLl).la.ll. r~r Shelley, Acting Director of COl"munity Development, stated staff recommendation and-thatthis Plan is an exceptionally ~!ell ')re[)ared document City Council Minutes r~arch 6, lq78 Page -5- Item 7 ~QJjcy Re Move to CitJlJ:laJl Complex, 29th_" j~adsVlQf'lQ.Jl}vd It was the recommendation of the City ,'\dministrator that City employees be used only for packing and unpacking, and that a moving company be hired for all moving operations, so that move can be phased for possibly two days, depending on progress, to minimize disruption of City services Specific week days to be determined at a later date MEETING ADJOURNED at 12 30 pm, March 7, 1978 ".. ,( /') ',0," 2..-.L.......--.-J.-_J:~~....!....__~~_~____ ~-----.-4-- _l.:...__~.___-52~~_ CAROL F HAMPF, CITY CLERK" v ~ pj k APPROVED , , , ~ (t~/ " r --.--..----""'--:c';.L.f-+---~----......-.--"-----~-' -------