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HomeMy WebLinkAbout06/26/1978 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO June 26, 1978 The Four Hundred and Fourteenth Regular Meeting of the Wheat Ridge City Council was called to order by Mayor Oliver V Phillips at 7 33 pm, June 26, 1978 at 4355 Field Council Members present were Mary Jo Cavarra, Joseph M Donaldson, Anthony N Flasco, Gary L Lewman, Ray C Pepe, and Louise F Turner Also present were City Clerk Carol F Hampf, City Attorney Edmund G Lambert, Department Heads Richard Bredt, Douglas Hilyard, Charles Stromberg, Chief Ed Pinson, staff, interested citizens Approval of Minutes Motion by Councilmember Donaldson "I move that the minutes of the meeting of the 19th of June be approved as printed", seconded by Councilmember Lewman, carried 6-0 Public Comment Ethan A Jacobson, Attorney, 2105 Kipling Mr Jacobson appeared in behalf of Koch Marketing Company, dba Hudson Oil, who had been denied a beer license He stated that since Mr Lucas had been in the hospital and unable to be present at the hearing and they had been without other representation, he was requesting a rehearing at a future council meeting No motion was made to place the item on a future agenda Public Item 1 Hearings and Ordinances on Second Reading Ordinance #283, second reading, amending of the City, 1976 Edition as amended Chapter 4 (Animal Control) of the Code Motion by Councilmember Donaldson "I move for the adoption of Ordinance 283 on second reading and order it published and posted'. motion was seconded by Council member Flasco City Clerk read a letter addressed to City Council from Helen Howard, 4140 Otis St, Wheat Ridge Dr Hilsenroth, chairman of the Animal Control Commission, said he thinks this is a good Ordinance and clears up looph~esin the current Ordinance Wayne Preston spoke regarding adopting animals in the Jeffco Pound He believes the procedure to be time consuming and clumsy since you have to go through the Denver Dumb Friends League Mr Jerman was requested to check on this point, and report back by July 19 Motion to amend by Councilmember Turner "I move that a sentence by added to Section 4-1 Definitions so that it reads 'Other definitions shall remain as they now exist in 4-1 of the Wheat Ridge code"', seconded by Councilmember Pepe, carried 5-1, Councilmember Flasco voting no Motion to amend by Councilmember Turner "I move that the following sentence be added to section 4-1 Definitions under Animal Control Officers 'The term Animal Control Offi cer wi 11 rep 1 ace the term Ani ma 1 Warden whenever it is used in Chapter 4 "', seconded by Councilmember Pepe, carried 4-2, Councilmembers Donaldson and Flasco voting no Motion to amend by Councilmember Turner "I move the following sections be deleted from this ordinance as they are already a part of the code Section 4-5 Section 4-16 Section 4-21 Section 4-23 Section 4-24 Section 4-26 Rabies Control (b), (c), (e), (f), & (g) on pages 2 & 3 Vicious Animals (on page 4) Proceeding Against Owner Immediate Destruction when Deemed in Public Interest Interference with Animal Control Officer Records (all on page 5 )", seconded by Councilmember Pepe, failed 1-5, Councilmember Turner voting yes amended carried 4-2, Councilmembers Lewman and Turner voting no Motion as Item 2 Ordinance 284, second reading, providing for the Rezoning of Land located at 49th and Independence, City of Wheat Ridge, upon the application of Kipling 5000, from I and A-l to I (Case WZ-78-10) Charles Stromberg gave the staff comments giving the information that the case had been approved by the Planning Commission, 20 percent plus landscaping is planned, the property is entirely located in Wheat Ridge, and referred to the letter of June 20 from the city of Arvada Bob Williams, 9995 W 49th Avenue, said that an Outline Plan had previously been submitted on a portion of the ground and the present plan complies with it Edward Griggs, 5771 Wadsworth Highway By Pass, Attorney, was present to answer any questions Jack Zeiler, 2727 Bryant Street, Denver, Consulting Engineer retained by Rocky Mountain Banknote, reported there would be a low amount of truck traffic, open space of 26 9%, landscaping of 25 5%, parking is above the required amount, and gas and water are available Alan White, 11100 W 8th Avenue, Lakewood, President of Rocky Mountain Banknote, said 200 to 220 people would be employed at this location Kelly Oliver, 2727 E 2nd Avenue, Denver, of Oliver and Hellqren Architects, showed an architectural rendition of the plant No one was present in opposition Motion by Councilmember Flasco "I move that Ordinance #284 by adopted on second reading and ordered published for the following reasons, it Page 2 nutes of City Council Meeting June 26, 1978 meets with the Comprehensive Plan, it is the recommendation of the Planning Commission members ", seconded by Counci lmember Donaldson, carri ed 6-0 Moti on by Counci lmember Cavarra, "I move that the Preliminary and Final Development Plans be approved subject to approval of drainage and other factors which will be considered upon consideration of the Development Plat"; seconded by Councilmember Flasco, carried 6-0 Item 3 Ordinance 285, second reading, providing for the Rezoning of land located at 4084 Wadsworth Blvd, City of Wheat Ridge, upon the application of Donald D Morris, from R-3 to R-Cl (Case No WZ-78-ll) Charles Stromberg said that since there had been a request to start work on a Master Plan for the Wadsworth Activity Center, it is recommended that this Rezoning be deferred Randy Currier stated that he was agreeable to referring the item back to the Planning Commission for consideration as a PCD subject to approval of the site plan Motion by Councilmember Pepe "I move to refer Case #WZ-78-ll to the Planning Commission because of the work which has been authorized to do a ~1aster Plan for the Wadsworth Commercial Activity Center The Planning Commission is asked to consider changing the zoning to PCD subject to a site plan which conforms to the Wadsworth Commercial Activity Center amendments to the Wheat Ridge Comprehensive Development Plan"; seconded by Councilmember Lewman, carried 5-1 with Councilmember Donaldson voting no John Pophan, 3740 S Monaco, Denver, gave the Collier's wishes regarding their land which adjoins 4084 Wadsworth Blvd Item 4 Ordinance 286, second reading, providing for the Regulation of Traffic by the City of Wheat Ridge, Colorado, Adopting by Reference the "t1odel Traffic Code for Colorado Municipalities", 1977 Revised Edition, Repealing Chapter 12 of the Code of the City of Wheat Ridge, and Providing Penalties for Violation Thereof Motion by Councilmember Turner "I move that Ordinance 286 be approved on second reading", seconded by Councilmember Cavarra Motion to amend by Councilmember Donaldson "I move that section 6 be amended by deleting the words 'and all ordiances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed", seconded by Councilmember Flasco Amendment carried 6-0, Ordinance as amended carried 6-0 Item 5 Ordinance Adopting by Reference "The Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings of the State of Colorado", and Providing a Penalty for Violation thereof Motion by Councilmember Lewman, "I move that Ordinance #287 be adopted on first reading and ordered published, that a Public Hearing be set for Monday, July 17, at 7 30 pm in City Council Chambers at 29th and Wadsworth, Wheat Ridge, Colorado, and take effect one day after final publication'" seconded by Councilmember Pepe, carried 6-0 Item 6 Change of Corporate Officers for D, B & M (dba Big Daddy's/Babyo's), 10051 W 1-70 Service Road Wheat Ridge Motion by Councilmember Cavarra "I move to approve the Change of Corporate Officers for D, B & M, Inc , dba Big Daddy's, 10051 ~J 1-70 Service Road, Wheat Ridge The new Corporate Officers are Dean A Seewald, President, Robert J Seewald, Vice-President, Eugene J Hartman, Sr , Secretary-Tresurer", motion seconded by Councilmember Lewman, carried 6-0 Mr Pacheco representing David Greigo and Jeff and Scott Lynge, proposed new Corporate Officers for D, B & M, Inc , stated that they would like to defer the hearing si nee there is a further change expected t~oti on by Counci lmember Lewman "I move to continue the Hearing on the Change of Corporate Officers for D, B & M, dba Big Daddy's, 10051 W 1-70 Service Road, Wheat Ridge, Colorado, until July 17 at 7 30 P m at the Council Chambers at 29th and Wadsworth", seconded by Councilmember Turner, carried 6-0 Item 7 City Hall Matters Request to rescind Motion of April 10, 1978 re Group 0 (accessory items) and authorize purchase by City's Purchasing Agent Motion by Councilmember Pepe "I move that the Council rescind the motion of 4/10/78, awarding Group 0 Furnishings to Hirschfeld's, Inc , and authorize the Purchasing Agent to procure Group 0 items in accordance with the City's purchasing procedure", seconded by Councilmember Lewman, carried 6-0 Item 8 Revision of Council Rules of Order and Procedure Motion by Councilmember Cavarra "I move that the Amended Council Rules and Order of Procedure as discussed in the February 25 and April 3, 1978 Study Sessions be approved and adopted", seconded by Councilmember Donaldson Motion to amend by Councilmember Fl asco "I move that in the fo 11 owi ng paragraph, 'Item reques ted by Counci 1 members may be included on the agenda through the City Administrator or City Clerk and do not require approval by the Council President, but should be accompanied by the necessary backqround material the word 'may' be changed to 'shall''', seconded by Councilmember Page 3 Minutes of City Council Meeting June 26, 1978 Pepe, carried 6-0 Motion to amend by Councilmember Cavarra "I move that Proposed Motions of major importance to the functioning of City operations or to the health, safety, and welfare of the citizens, unless determined by the Chair to be an emergency item, shall be required to be placed on the Agenda accompanied by a copy of the motion and appropriate backup material If these requirements are not met, it shall be ruled out of order by the Chair and placed on the following week's Agenda" Seconded by Councilmember Turner, failed 2-4, Councilmembers Cavarra and Donaldson voting yes Motion as amended carried 6-0 Item 9 Moti on by Counci lmember Pepe "I move to approve the renewa 1 of the Cl ass J 3 2'" Malt Beverage Package Retail License for Kay Nitta dba Wheat Ridge Ranch Market at the location of 6920 W 38th Ave", seconded by Councilmember Flasco, carried 6-0 Councilmembers Matters Motion by Councilmember Turner "I move that Council have an Executive Session to discuss matters of Litagation", seconded by Councilmember Cavarra, carried 6-0 Executive Session to be held following Item 10 Councilmember Flasco read Resolution #580 which had failed by a vote of 3-3 on June 12, 1978 Motion by Councilmember Flasco "I move to have this Resolution assigned a new number and the Clerk read it", seconded by Councilmember Cavarra, carried 5-1 with Councilmember Pepe voting no Motion by Councilmember Flasco "I move for the adoption of Resolution 584", seconded by Councilmember Cavarra, carried 5-1 with Councilmember Pepe voting no Councilmember Lewman reported that an amendment to the 44th Avenue, Colorado 58, 1-70 Interchange is needed through the Federal Aid to Urban Systems To be on July 10 Study Session Item 10 Resolution supporting use of Jefferson County Open Space Funds for Acquisition, Development and for the Procurement of Water Rights in Requesting that said Funds be Distrubuted and Administered on an Equitable Basis Motion by Councilmember Donaldson "I move for the adoption of resolution #585", seconded by Councilmember Flasco Motion to amend by Councilmember Cavarra "1 move for an amendment to have the word 'development' deleted" seconded by Councilmember Lewman, amending motion failed 3-3 with Councilmembers Cavarra, Lewman, and Turner voting no SJ {/ Tom Slattery 6869 W 32nd Ave stated he felt council should look to future generations ~IJ~ Lc:k and that it is premature to change to development ~l ~\ I" , Executive Session was held Item 11 Decision authorizing going to Bid on Construction of signalization and paving at intersection of W 29th Ave & Wadsworth Blvd (Deferred from June 19, 1978 Motion by Councilmember Turner "I move that Item 11 be deferred for 3 weeks", seconded by Councilmember Pepe, failed 3-3 with Councilmembers Cavarra, Donaldson, and Flasco voting no Motion by Councilmember Cavarra "I move that we authorize going to bid on Signalization only, and poles be set to provide for future widening if determined to be necessary", seconded by Councilmember Flasco, carried 5-1 with Councilmember Pepe voting no Resolution regarding the possible use of Columbia Heights School as a library was introduced by Councilmember Turner motion by Councilmember Donaldson "I move for the adoption of Resolution 586" Motion died as there was no second Ben Chastain spoke in favor of the library on this site A woman spoke offering Council the opportunity to look at the plans for the Co 1 umbi a Hei ghts School Moti on by Counci lmember Pepe "I move that the council send a letter to the County Commissioners to negotiate with the R-l School District for the moving of the library to the Columbia Gardens School and using the rest of the school for activities of the community", seconded by Councilmember Donaldson, failed 3-3 with Councilmembers Cavarra, Flasco, and Lewman voting no Mr Malone asked regarding PW-78-1 if a contract had been awarded The contract has been awarded to Asphalt Paving Company Meeting Adjorned 11 47 P m l.. (, L l .... (( City Clerk Carol 'I ) h. . / . L / nt'" / F Hampf' ~ APP ROVE D t/I~ I mbm