HomeMy WebLinkAbout05/15/1978
CITY COUNCIL MINUTES
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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
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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
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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
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APPROVED
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Mayor
City Adm.