Loading...
HomeMy WebLinkAbout07/24/1978 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE July 24, 1978 COLORADO The Four Hundred and Seventeenth Regular meeting of the Wheat Ridge City Council was called to order by Mayor Oliver V Phillips at 7 35 pm, July 24, 1978, at 7500 W 29th Ave Council Members 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 Malone, City Administrator John A Jerman, City Attorney Edmund G Lambert, Deputy City Clerk Phyllis J Kramer, Department Heads Richard H Bredt, Douglas Hilyard, Clyde E Hobbs, Charles Stromberg, staff; interested citizens Approval of Minutes of meeting of July 17, 1978 City Clerk stated date on pages 2, 3 and 4 were corrected to show July 17 rather than July 19 Councilmember Turner corrected the Minutes on page 2, first paragraph, line 6, to state word "density" shEJuld read "intensitv" Motion by Councilmember Don- aldson "I move for the approval of the Minutes of Ju-Iy 17 as corrected", seconded by Councilmember Turner, carried 6-0 Public Comment Nancy Snow 11155 funds, equipment the City Attorney meeting W 43rd, questioned the propriety of the City and personnel in the Carnation Festival event research this question and have a reply ready participating with Council requested for the July 31st Item 1 A It em 1 B Consideration of lease o~erty on W 38th Ave between Owens & Parfet Sts , south side, for soccer practice field Wodell, 9325 W 32nd Ave, reiterated the comment that he felt the proposed field would not be suitable for use of youngsters Consideration of lighted tenn~s courts at the Municipal BuiJdinE.site Geoff~ey 38th Ave R Michael Brown, 2955 Webster, 80215, stated the neighboring residents would bear the external costs in the form of pollution, parking, and other congestion, noise, etc , and at a very high cost, while others would expend only minimal like costs Questioned how alternatives are selected for land use consideration, ie, planners, public polls, or how, and hoped the decision would not fall in the category of "what is best for the People" He further indicated that while organized sports/activities are adequate for some citizens, an area that allows for individual lifetime appre- ciation, i e parks with flower gardens, shade trees, with the only emphasis directed toward individual enjoyment, rather than additional space related to social competition, team sports, etc Viv~an Tow~ll, 2975 Webster St , stated she was speaking for a few neighbors, but not Mr Brown, and suggested the time period for evaluation of the impact of City Hall upon the surrounding neighborhood was not yet expended, and that the request to hold off development is being constantly attacked by others who feel their needs are more important that ours, and gave some concerns re parking, lighting and traffic City Clerk presented a letter from a citizen with petition containing over 65 names who would accept the W 38th Ave location as previously suggested for a soccer prac- tice field Concern was expressed by Council as to condition of the proposed site for use as a soccer field Ite!TI_~ Motion by Councilmember Turner "I would move that the property south of 38th Ave between Owens and Parfet be leased by the City from August 1 1978, through May 30, 1979, at $50 a month and subject to possible renewal, that the grass be cut after which its use can be determined, and if suitable for a soccer practice field that neighbor- hood park use be allowed in the non-practice hours, and if not suitable for soccer practice that it be available for neighborhood park use for the time leased, and this would run a cost of some $500", seconded by Councilmember Donaldson, carried 4-2, with Councilmembers Cavarra and FIasco voting NO Item 1 B Motion by Councilmember FIasco "I would move that the staff be directed to provide input in the Budget (1979) to provide tennis courts at the Hayward Park, including lights as an alternative (a two-phase pro- ject)", seconded by Councilmember Lewman Councilmember Cavarra stated would have to vote no as there is a need for courts on the other side of Wadsworth, and further, CITY COUNCIL MINUTES Julv 24, 1978 Page -2- should be located where water is not available Councilmember Donaldson stated he would vote against this motion because there seemed to be a sufficient number of courts and does not think there is a need to have sports activity in every park Councilmember Turner felt it would give another chance to examine the proposal in the fall during Budget consideration Motion failed by vote of 3-3, with Council- members Cavarra, Donaldson, and Pepe voting NO Item 2 Transfer of ownership for Lakeside Liquors, 5820 W 44th Ave Anthony J Vinnola, applicant, 7464 W 73rd PI , Arvada, and Virgil Boatright, attor- ney, presented request for transfer Motion by Councilmember Turner 11 I wou ld move Council approve the transfer of ownership for Lakeside Liquors, 5820 W 44th Ave from August G Pruyser and Patricia A Pruyser to Anthony J Vinnola, Class D Retail Liquor Store License ", seconded bv Councilmember Lewman, carried 5-1, with Councilmember FIasco voting NO Request Councilmember Turner "I would request the Council have an Execu- tive Session following item 3 regarding pending litigation with the R-1 School Board ", unanimously accepted Item 3 Recommendation to UDFCD concerning proposed 5-year Capital Improvements Plan It was explained that both Mr Tucker and Mr Kolstad of the District were unable to be present Motion by Councilmember Cavarra "I would move that this item be continued for one week until either Mr Tucker or Mr Kolstad be present to answer questions", seconded bv Councilmember Lewman Councilmembers Turner, Pepe, FIasco, and Donaldson stated they would vote against this motion for the rea- sons of need and time Council also recommended that as many members of Council and staff as is possible should attend the District's discussion meeting in August and at the decision meeting in September Mr Hobbs, Director, Public Works, stated the Street Committee requested copies of the McCall-EllingsJn report and that 12 copies are presently available Motion failed by vote of 2-4, with Councilmembers FIasco, Donaldson, Turner, and Pepe voting NO Motion by Councilmember Turner "I move that Mr Jerman be authorized to send a letter to Mr Tucker of the Urban Drainage District expressing that Wheat Ridge City Council re- quests the Harlan Street Drainage be reinstated in the long-range budget of Urban Drainage in the position where it previously was"; seconded by Councilmember Donaldson Councilmember Cavarra requested the record to reflect, as well as the subject letter, that she intended to vote against this, for the reason the District has iterated many times of the need in the Lena Gulch area because of potential loss of life, could sympathize with problems of Harlan St , but that the magnitude of problems lie with Lena Gulch Other Councilmembers stated Lena Gulch was not removed--still in the program, funds provided for both projects, and should get started as soon as possible Motion carried 5-1, with Councilmember Cavarra voting NO Motion by Councilmember FIasco "I would like to make a motion that the City Council adopt the McCall-Ellingson Harlan Street Drainage basin report, and any additional modifications can be added to it as time goes on on the Master Drainage", seconded by Councilmember Donaldson, carried 6-0 (8 50 p m Council recessed to Executive Session and reconvened at 9 35 pm) Item 4 Change of Corporate Officers for D, B, & M, Inc , dba Eabyo's, 10051 W 1-70 Service Road Don Pacheco, 1860 Lincoln, attorney, and David Griego, Scott Lynge, and Jeffrey Lynge, applicants, attended to present request Motion by Councilmember Pepe "I move that the change of corporate officers and change of trade name for D, B, & M, Inc dba Babyo's, 10051 W 1-70 Service Road, the new corporate officers are David Griego, President, Scott Lynge, Vice-President, and Jeff Lvnge, Treasurer, be approved", seconded by Councilmember Donaldson, carried 5-1, with Councilmember FIasco voting NO Item 5 Proposed on-ramp at W 44th Ave and Colo Highway 58 as Urban Systems Project The proposal presented by Councilmember Lewman for the purpose of pulling truck traf- fic off of 32nd and as an easier 1-70 access through a joint application between Wheat Ridge and the County Concern was expressed by Council as to necessity, benefit to Wheat Ridge citizens, and costs Motion by Councilmember Cavarra "I would move that the Council tentatively approve this project be added to the Ur- ban Systems map, subject to information re traffic count and subject to cost information, and that the cost participation of the City of Hheat Ridge be limited to 12% of the 26% local fund share", seconded by Councilmember Lewman, carried 4-2, with Councilmembers FIasco and Pepe voting NO CITY COUNCIL MINUTES July 24, 1978 Page -3- Item 6 Municipal Building matters Ratification of Emergency Change Order #6, Account No 31-504-811 Hotion by Councilmember Cavarra "I move that the Council approve the emergency change order in the sum of $400 for re- cessed voting panel on Council desks and add relay to system so that all votes light up simultaneously on main display panel, charge to account 31-504-811"; seconded by Councilmember Lewman, carried 5-1, with Council- member Turner voting NO Item 7 Award of Bid for Weed Cutting on private property Motion by Councilmember Pepe "I move to remove from the table", seconded by Councilmember Donaldson, carried 5-1, with Councilmember FIasco voting NO Council expressed the desire for availability of more than one vendor for success of program Motion by Councilmember Pepe "I move that the lowest and best bid be awarded to Deans' Contracting, 4200 Parfet St , Wheat Ridge, CO 80033 for weed cutting on private property as needed and requested by the City Vendor will bill property owner twice for weed cutting and removal as ordered by the City Uncollectable accounts will be billed to the City and charged to Account No 01-123-718", motion failed by vote of 3-3, with Coun- cilmembers Lewman, FIasco, and Turner voting NO Item 8 Motion to correct account number in motion of July 10, 1978 re window cleaning Motion by Councilmember Donaldson "I move that the motion of Julv 10, 1978 regarding window cleaning of the municipal building be amended to change the account number from 01-607-777 to 01-607-774", seconded by Councilmember Lewman, carried 6-0 Items 9 A and 9 B Budget Transfer Resolutions re Funding for signalization of 29th & Wadsworth intersection, swimming pool architect, funding for master drainage study, and bus pass reimbursement program Motion by Councilmember Cavarra "I move to defer these items one week ", seconded by Councilmember FIasco, carried 6-0 Item 10 Additional allocation for Employee Picnic Motion by Councilmember Cavarra "I move that the Council authorize $75 additional to cover the expenses of the Employee picnic, charge to account 01-102-798", seconded by Councilmember Lewman, carried 6-0 Item 11 Proposed change to Rule 37 of the Council Rules of Order and Procedure Motion by Councilmember Turner "I move that in the Rules of Order and Procedure that the word 'majority' be deleted, and in its place, 'prevailing side' be added, so that the sentence reads 'After the de- cision on any question, any member who voted with the prevailing side may move a reconsideration of any action', etc ", seconded by Councilmem- ber Cavarra, motion carried 5-1, with Councilmember Pepe voting NO Item 12 Resolutions reinvesting Capital Improvements Funds were delayed pending arrival of the City Treasurer City Administrator's Matters City Administrator advised additional funding required to purchase for immediate de- livery two Ford Courier pickups previously authorized by Council Motion by Council- member Pepe "I move that an additional expenditure of $59 62 be author- ized for the purchase of two Ford Courier pickups, to be charged to account 1119-503-808 PBWK", seconded by Councilmember Donaldson, carried 6-0 City Attorney's Matters City Attorney requested consensus of approval of Council that in future all deeds conveying property to City be recorded immediately rather than to delay recording until after accepted by Planning Commission and City Council Council agreed to adopt new procedure Council Members' Matters Item 13 DRCOG Report Councilmember Lewman reported (1) Local planning assist- ance program to be continued another year (2) Executive Board recommends 20% dues increase for 1979 (3) Regional Housing Opportunity Plan adopted (4) 1977 Computer Crime Program is complete, Chief has copy (5) Clean Water Plan - 208 is still being held up at EPA Item 14 Consideration of change of Curfew at Paramount Park from 11 p m to 9 30 p m Del Nielsen, 10035 W 29th Ave, Charles Siegal, 23 Paramount Parkway, and Dick Wilmot, 25 Paramount Parkway, expressed concerns that a park area north and adjacent to the playground has become a "hangout", beer bottles are tossed on the ground, loud bois- terous parties continue during the night hours, beginning at 6 30 pm, with attend- ant careless driving of vehicles Mr Bredt, Director, Parks & Recreation, reviewed the Park parking and the Park schedules set forth in the City's Code The City CITY COUNCIL MINUTES July 24, 1978 Page -4- Attorney stated it would be necessary to amend the Ordinance, and in meantime, pro- vided Parks so posted, could authorize the Director to close a specific Park at a specific time Motion by Councilmember Cavarra "I move that Council direct Mr Bredt to change the curfew at Paramount Park at this time to 10 00 pm; to post the Park with this information, and also direct staff to bring in an ordinance changing the curfew at all Parks, with the excep- tion of the baseball parks, and also request that it be taken to the Parks Commission for input", seconded by Councilmember Turner; carried 6-0 Motion by Councilmember FIasco "I would like to move for the reconsideration of the weed cutting on private property"; seconded by Councilmember Cavarra, carried 5-1, with Councilmember Lewman voting NO Council reviewed bidding proce- dures and requirements involved in the weed enforcement program, including cutting of City's ROWs, and use of City staff and equipment Motion by Councilmember Cavarra "I would move pursuant to Sections 97, 98,99,9-10,9-11 of the Wheat Ridge Code of Laws, Council authorize a part-time temporary employee to do weed cutting on private propertv, that the staff be re- quested to lease the necessary mowing equipment, that this program be under the Public Works Department; that appropriate costs be billed the property owner, and that a resolution funding the temporary employ- ee and leasing costs be prepared for next week; and in the meantime, the weed cutting program be immediately started ", seconded by Councilmem- ber FIasco, carried 5-1, with Councilmember Pepe voting NO Item 12 Reinvestment of Certificates of Deposit by Resolution City Treasurer James Malone reported on bids received and listed recommendations Councilmember Lewman introduced Resolution, numbered 592 and title read by Clerk Motion by Coun- cilmember Lewman "I move to adopt Resolution 592 authorizing $100,000 at 8 125% with Bank of Applewood", seconded by Councilmember Turner, carried 6-0 Councilmember Turner introduced Resolution, numbered 593 and title read by Clerk Motion by Councilmember Pepe "I move that Resolution 593 be adopted author- izing $400,000 at 8 112% with Lakeside National Bank", seconded by Councilmember Lewman, carried 6-0 Item 15 Appointment of W 44th Ave Citizens Design Advisory Committee Motion by Councilmember FIasco "I would move that the following people be appointed to the Wheat Ridge Citizens Design Advisory Committee Janice Thompson, 11290 W 42nd Ave, Chief Jack Willis, 3880 Upham, Claudia Worth, 4650 Oak St, Pat Sampson, 7451 W 45th Ave, Jim Reser, 6470 W 44th Ave, Jim Russell, 10260 W 44th Ave ", seconded by Councilmember Cavarra Motion to amend by Councilmember Turner "I would move to amend that we include Karen Nelson, 10655 W 47th Ave ", seconded by Councilmember Lewman Councilmember FIasco stated this application came in after deadline Motion to amend carried 5-1, with Council- member FIasco voting NO Council requested that when notification letters are pre- pared, the other non-resident applicants be advised they are welcome to attend the meetings to provide input but voting would be restricted to Wheat Ridge resident members Motion to amend bv Councilmember Cavarra "I move that Mrs Janice Thompson be appointed temporary chairman to organize the first meeting of the Committee, and authorize staff to prepare a RFP for engineering design consultant", seconded by Councilmember Turner Councilmember FIasco re- quested the motion be split as he felt it unfair to Mrs Thompson to be put in that position and that staff should be responsible for organizing the first meeting Part 1 of amending motion failed by vote of 1-5, with Councilmembers FIasco, Donald- son, Pepe, Lewman, and Turner voting NO Part 2 of amending motion carried 6-0 Motion to amend by Councilmember FIasco "I move that the staff be directed to appoint a temporary chairman to work with the design committee to help get a chairman elected and get the Committee started", seconded by Councilmember Donaldson, carried 6-0 Original motion as amended carried 6-0 City Administrator requested to send appropriate letters of notification Petitions and Communications Item 16 Communication from Colorado State Department of Highways re Pathway pro- ject on W 32nd Ave. from Miller to Simms Letter summarized to the effect State felt concept of separated pathway was not feasible and recommended City recon- sider request, and further, costs of additional studies would have to be borne directly by City Herb Brown 10701 W 32nd Ave , stated he had attended meeting at Prospect Valley School where there had been no opposition, and felt the State's design was acceptable Motion by Councilmember Turner "I move the Council CITY COUNCIL MINUTES July 24 1978 Page -5- authorize the staff to select an engineering firm to come in with a pre- liminary design from Nelson street west and will include curb and gutter that has been designed by the State for the possibility of an off-street bike path generally following the topography of the land, with prelim- inary cost estimates for August 7, so that we could have information to go on; authorize the staff to hire someone, and bring in a resolution next week to authorize the funding of this study", seconded by Councilmem- ber FIasco Councilmember Donaldson stated he intended to vote against this as felt State had done an adequate job, that it is possible the City might lose these funds; and should accept the offer, and further it was his understanding everybody living along 32nd were in favor of the State report Motion carriej_b~t:e of. 5-1, with Councilmember Donaldson voting NO It em 1 7 ------ Request of CDM Jor study _session July'~ 19713 Motion by Councilmember Lewman "I move that the Council establish a start- ing time of 6 00 p m meeting to meet with CDM relative to the archi- tectural plans for the swimming pool", seconded by Councilmember Cavarra carried 4-2, with Councilmembers Donaldson and Pepe voting NO MEETING ADJOURNED at 11 40 p m ---s/ ~/ / C;R6\" :c{~~: c;-fflt;r- pjk APPROVED _____ 0/L J- Distributed to' Date. 7/27/78 City Clerk: City Treas: To Department of Administrative Services for Council Mayor City Adm. City Atty Dept. Heads FROM \ tl.?i1.distributton