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HomeMy WebLinkAbout05/15/1978 CITY COUNCIL MINUTES --- CITY OF WHEAT RIDGE, COLORADO MAY 15 1978 The Four Hundred and Eighth Regular Meeting of the Wheat Ridge City Council was called to order by Mayor Oliver V Phillips at 7 30 pm, May 15, 1978, 4355 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 Administrator John A Jerman, City Attorney Edmund G Lambert, Deputv City Clerk Phyllis J Kramer, Department Heads Richard H Bredt, Douglas Hilyard, Chief Ed Pinson, Charles Stromberg staff, interested citizens Approval of Minutes for meeting of May 8, 1978 Motion by Councilperson Donaldson "I move that the minutes of Mav 8th be approved as published, and that the minutes of March 6th be corrected to show that Councilperson FIasco was present after 8 30 pm", seconded by Councilperson Lewman, carried 6-0 Public Comment No one appeared to speak under Public Comment Ord No 276 providing for the rezoning of land located at 4320/4330 Moore St from A-1 to R-3 (WZ-78-3) Item 1 Edward O'Brien, Attorney, Colorado Springs, appeared to represent the applicant Mr Stromberg Director, Community Development informed Council that the subject property had not been posted by the applicant Motion by Councilperson Turner "I woul d move that this rezoning Case WZ-78-3 be continued until the 12th of June, 1978, in order to meet the proper posting regulations ", seconded by Coun- cilperson Cavarra The City Attorney confirmed there was no need to re-advertise Councilperson Donaldson requested that he be permitted to abstain as he has a relative who is one of the officers of the applicant Bank, Council agreed Motion carried 5-0, with Councilperson Donaldson abstaining It em 2 Ord No 277 providing for the rezoning of land located at 4600 Kipling St , from A-1 to RC-1 (WZ-78-6) Councilperson Cavarra introduced Ord No 277 on second reading; City Clerk read title Mr Stromberg described and outlined the area surrounding the subject property, the stages of development, the Land Uses, and the respective Zoning Districts The request conforms to the Comprehensive Plan The Planning Commission had recommended a stipu- lation re further development of site John Heckers, attorney, was present to rep- resent the owners/applicant Amended motion "I move that Ordinance No 277 be adopted on second reading and published and posted, that the finding is that it is recommended by the Planning Commission and is in keeping with our Comprehensive Plan that the stipulation be made that no further development of the site be allowed unless a PCD is applied for, 10-foot required for dedication be made, and also a development agreement for street improvements be required, and that this is binding upon the pre- sent and all future owners and that this stipulation also be included as an amendment to the ordinance and filed with the County Clerk and Recorder" The applicant, by its attorney, agreed to the amendment Amending motion by Councilperson Cavarra, seconded by Councilperson Donaldson, carried 6-0 Original motion by Councilperson Donaldson, seconded by Councilperson FIasco, motion as amended carried 5-1, with Councilperson Turner voting no for the reason that the applicant did not prove need or reason for rezoning and also appeared to be spot re- zoning Item 3 Ordinance amending Section VII of Ord No 261, Series of 1978, re Salaries of Court Personnel Councilperson Turner introduced the Ordinance, Clerk assigned number 279 and read the title Motion by Cou~cilperson Pepe "I move that Ordinance No 279 be adopted, ordered published, and the Public Hearing be set for Monday, June 12, 1978, at 7 30 pm, in City Council Chambers at 4355 Field St Wheat Ridge", seconded by Councilperson Turner Staff recommended that the ordi- nance should be made retroactive to January 1, 1978, and that all payments made to date plus future monthly payments shall not exceed the annual sum Concern was expressed by Council that this may effectively create a pay increase, requested in- formation as to amounts paid to date and determination as to manner of payment Motion carried by 4-2, with Councilpersons Donaldson and FIasco voting no Ord amending Sec 9 3, Article II, Code of Laws, of Environmental Control re installation of "brj~e..f>..,- culvert~_etc Councilperson Turner introduced the Ordinance, Clerk assigned number 280 and read title Amended Motion "I would move that Ord No 280 be approved on It em 4 City Council Minutes May 15, 1978 Page -2- first reading and published, that a Public Hearing be set for Monday, June 12, 1978, that the beginning portion of the paragraph under Section 1 be amended to read This section is intended to provide for the gen- eral protection of water ways and to prevent encroachment upon them, but it is not intended to preclude the construction and/or installation of bridges, culverts or other structures, and etc , and the effective date of the ordinance should be to take effect fifteen days after final pub- lication" Amending motion bv Councilperson Turner, seconded by Councilperson Lewman, carried 4-2, with Councilpersons Donaldson and FIasco voting no for the reason they felt it too restrictive Original motion by Councilperson Turner, seconded by Councilperson Cavarra, motion as amended carried 4-2, with Councilpersons Donaldson and FIasco voting no for the reason they felt it constituted site planning and should be first referred to the Planning Commission Item 5 (a) Hotion by Councilperson Lewman "I move to approve the Change of Corporate Officers for Booze and Beans, 9110 W 44th Ave The new officers are Robert Mimnaugh, President, Archie Wright, Secretary", seconded by Councilperson Pepe, carried 6-0 Mr Mimnaugh was present and testified in support of the request Item 5 (b) Request to enlarge premises for Booze and Beans, 9110 W 44th Ave Mr Mimnaugh stated that the change would include addition of volleyball courts and an outside patio Concern was expressed by Council with respect to sufficiency of additional parking, the patrolling of the premises, and that present drainage prob- lems would be increased Motion by Councilperson Turner "I would like to move that we continue this until we have input from the Engineer as to the impact on the drainage ", seconded by Councilperson Pepe, carried 6-0 (Council requested that if at all possible the report be returned by next Monday night, May 22 ) Item 6 (a) Motion by Councilperson Lewman "I move that the lowest and best bid and alternates Ill, 3, 6, & 7 , be awarded to S a Bell s, In c at 5 5 5 5 W Ohio, Lakewood, Colorado, for Landscaping of the New Municipal Complex, at a cost not to exceed $84,474 10, to be charged to account numbers 31-504-811, City Hall, the amount for $75,225, account 54-508-865-5, Conservation Trust Fund, $8,000, and account 01-603-660, Parks Operating, $1 , 250", seconded by Councilperson Cavarra Mr Hiskett, Oblinger-Smith, consultant, stated in the event the City is able to use the artesian well on the site, the only foreseeable costs in the switch-over would involve an additional pump, installation of a line from the well to the hook-up, and expects the water to be potable so as to be able to use the heads initially purchased Motion carried by 5-1, with Council- person FIasco voting no Item 6 (b) Motion by Councilperson Donaldson "I move that the lowest and best bid be awarded to G I Moving and Storage at 1140 W 5th Ave, Denver, Colorado, for moving of all City Facilities as specified to the City Hall Complex, located at 29th and Wadsworth, at a cost not to exceed $3,847, to be charged to account number 01-610-713-7, with the exception of certain specialized equipment", seconded by Councilperson Lewman, carried 6-0 City Administrator's Matters Item 7 Proposed initiation by City Council of Rezoning of (1) Fruitdale Elementary; (2) Municipal Building Complex, and (3) l{heat Ridge Park from present zoning districts to PF-1 per Council request Motion by Councilperson Turner "I would move that this Council request that the staff prepare the rezoning case for Fruitdale Elementary School to be rezoned from its present zoning district to PF-1 for hearing before the Planning Commission June 15, 1978", seconded by Councilperson Pepe Coun- cilperson FIasco stated he would vote against the motion for the reason should find out the results of present rezoning action before going into a second action Motion carried 5-1, with Councilperson FIasco voting no Motion by Councilperson Turner "I would move that this Council request that the staff prepare the re- zoning case for the Municipal Building Complex, 29th and Wadsworth, to be rezoned from its present zoning district to PF-1, and that it be ready for hearing before the Planning Commission June 15, 1978"; sec- onded by Councilperson Donaldson, carried 6-0 Motion by Councilperson Turner "I would move that this Council request the staff to prepare the rezon- ing case for the property of Wheat Ridge Park to be presented before the Planning Commission on June 15, 1978, for a change from its present zoning district to PF-1 If; seconded by Councilperson Lewman, carried 6-0 Motion by Councilperson FIasco "I would like to move that we direct the staff to City Council Minutes May 15, 1978 Page -3- prepare the zoning for the Police Building in conformity with PF-1", seconded by Councilperson Turner; carried 5-1, with Councilperson Donaldson voting no The City Administrator announced a tour of the Hart Estate on Wednesday, May 17, be- ginning at 7 30 pm, for members of the Council, the Parks Commission, and staff City Administrator requested approval to apply to the Colorado Division of Highways for a traffic management study to be completed by the Police Department under the funding of a grant, no cash outlay by the City, as the City's matching share would consist of staff services, and the grant period is from December 1, 1978, to Sep- tember 30, 1979 Chief Pinson confirmed that if the City received the grant it would not prevent the Department from doing its duties Motion by Councilperson Cavarra "I move to authorize the submission of a grant application to the Colo- rado Division of Highway Safety for a Traffic management study of the City of Wheat Ridge with a total project value of $28,190 with $6,190 in local non-cash matching staff services", seconded by Councilperson FIasco; carried 6-0 (A resolution ratifying the authorization will be presented to Council at its meeting of May 22nd ) Request for Executive Session Motion by Councilperson Turner "I would like to move that following the meeting we have a brief executive session re pending litigation ", seconded by Councilperson Pepe, carried 5-1, with Council- person Donaldson voting no Legal opinion re property owners in Mass Rezoning area that cannot be con- tacted, and, therefore, cannot contest the rezoning City Attorney stated Persons to be rezoned have signed the petition, non-signers were forwarded certified mail, public notice provided by postings and regular mail It is my opinion that this constitutes more than adequate notice The ones who did not answer are being excluded--everyone is being excluded except those who signed the petitions Also, that the notices should conform to the intent It em 8 Council Members' Matters Item 9 (a) deleted Item 9 (b) Proposed Criteria for evaluating sites re low and moderate income housing Motion by Councilperson Lewman "I move to refer these criteria to the Planning Commission for review and comment", seconded by Councilperson Turner The ques- tion to be reviewed by the City Attorney and Mr Stromberg concerned differentiation between dispersed family units and non-dispersed elderly units Motion carried 6-0 Item 9 (c) Councilperson Lewman reported on information received re Public employ- ees Social Security method of transmittal of funds to the Social Security Administra- tion It was concensus of Council that this matter should be reviewed with the City Treasurer and that the matter be placed on the agenda of May 22 by a proposed reso- lution in opposition Councilperson Turner reported adoption of energy efficiency residential buildings is July that CML advised the deadline by State law for the construction and renovation standards for non- 1, 1978 MEETING ADJOURNED AT 9 50 p m TO EXECUTIVE SESSION (( Cc CAROL F pjk -..-- .....- --,) /. -/": 'J) {. L. ~./ (c. C // (.../-J..,,- HAMPF, CITY CLERK/I' ~/I~/?fr APPROVED (~!J Olstri u e 0: Da1e~_ .'5/1..2- City Oerk CttyTreds City Atty (I LL,'Y\.~r\ ,~ fc: Dept. Heads -ry1.C-l.-.c~ (X..(/)"T\.J.i....LL~ Mayor City Adm.