HomeMy WebLinkAbout10/23/1978
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
October 23, 1978
At 7 30 pm, October 23, 1978, Mayor Phillips called the Four Hundred Twenty-
eighth Regular Meeting of the City Council to order Council Members present
Mary Jo Cavarra, Joseph M Donaldson, Anthony N Flasco, Ray C Pepe, and Louise
F Turner Also present were Deputy City Clerk Phyllis J Kramer, City
Administrator John A Jerman, City Attorney Edmund G Lambert, Department Heads
Richard H Bredt, Douglas Hilyard, Clyde E Hobbs, Chief Ed Pinson, and Charles
Stromberg, staff, and interested citizens
Approval of Minutes
MOTION by C~1 Donaldson "I move for the approval of the minutes of
October 16, if there are no corrections", seconded by CM Cavarra,
carri ed 6-0
(Council consensus to delay item 2 until 8 30 pm)
Public Comment
Cal Jenks, Planning Commission, read and presented the letter of that Commission
in response to the Area 4 Committee Resolution of September 25, 1978
Public Hearings
Item 1 Application for new Class F Beer & Wine (on premises) for Joseph B
and Carol J Barton dba Bartoni's to be located at 4234-4236
Wadsworth Blvd Gerald Boatright, attorney at law, 4315 Wadsworth Blvd, Wheat
Ridge, presented the case for the applicants Carol J Barton, 7161 Saulsbury
Circle, Arvada, applicant, gave testimony as to background, experience, the
plans for the proposed facility, and described the posting of the premises
Max Scott, Broadway Building, 1200 Pearl, Boulder, Colorado, gave testimony
concerning the applicants' survey, describing applicants' Exhibit A final
analysis of the petitions, Exhibit B petitions of business owners and managers,
and Exhibit C petitions of patrons of the Times Square shopping mall Exhibits
A, B, and C were admitted as evidence of the applicants In response to Council
questions, percentages based on the applicants' survey as to neighborhood parti-
cipation were outlined Warren Lessing, 14130 W 5th Ave, Golden, and Frank
LaBate, 7056 Jay Street, tenants in Times Square, gave testimony concerning need
Robert A Hooven, 9725 W 38th Ave, gave testimony concerning the City's survey
of the neighborhood MOTION by CM Cavarra "I move for the approva 1 of
the new Class F Beer & Wine (on-premises) license for Joseph Band
Carol J Barton dba Bartoni's, located at 4234-4236 Wadsworth Blvd,
Units 8 and 9, Wheat Ridge, Colorado, for the following reasons
1) The City's independent survey shows a substantial majority of
citizens within the one-mile radius in favor of the license,
2) Applicants' testimony presented evidence that there was a need
and desire for this type of facility, and FURTHER MOVE that approval
be contingent upon approval of Colorado Bureau of Investigation
report which has not yet been received", seconded by CM Lewman,
carried 6-0
Decisions, Resolutions, and Motions
Item 15 Decision concerning joint purchase by City of Lakewood and City of
Wheat Ridge, from open Space Funds, of property at W 32nd Ave and
Union St Property Appraisal dated 10-22-76 Mr Jerman presented letters of
October 19th of the Urban Drainage District to Sol & Associates and attorneys
Ehrlich & Futro to the City, together with a set of four maps showing proposed
alternatives for design/development Mr Lambert, in response to Council ques-
tion, stated did not feel this "presentation" would violate any laws, any
future hearing that may come before Council It was indicated the present zon-
ing of the property is R-1 Plan A homes along W 32nd, other access roads,
building sites along Lena Gulch, additional sites on the north, across W 35th
Ave, total of 48 building sites Plan B Fewer building sites, 36, includes
3 97 acres--the land to be made available to the City for purchase at a price,
not indicated, Lena Gulch improvement, saving the cottonwood trees, dedication
of land along Lena Gulch to be made to the City Concept drawing Improvement
along Lena Gulch, including jogging trail parallel to the water, together with
a circling-type path for jogging and exercise for residential and general public
Third map shows configuration of the flood plain, delineates the established
Flood Plain Third alternative would be outright purchase of the entire area
for a Park History of Council's concerns re possible purchase, actions and
proposals by Open Space, lack of interest on part of seller, date of property
appraisal, whether or not Lakewood still interested in participation and per-
centage, need for new/updated appraisals, and time elements involved in propo-
sal were reviewed and discussed Mr Bredt described possible uses for the
City Council Minutes October 23, 1978 Page -2-
sites, ranging from full park development to neighborhood park facility, he
also listed the distances to other area Parks Other Council concerns included
"\,c,l'question of water rights and participation of Lakewood Peter Rex, 3388 Swad-
(~~ rley, presented a petition of area citizens requesting purchase of the full acre-
l~ 1~ age for open Space Anthony J Pizzo, 12140 W 35th Ave, also requested the
,)- \"".\ area be made into a natural park Genie Merkle, 3891 Estes, suggested Council
~ If pay particular attention to how the people of Wheat Ridge vote on the Open
Space amendment being proposed for November 7 Pat Phillips, 11763 W 33rd,
would rather see a park than a development Robert Hall, 11620 W 35th, would
like to see it as open space also, and voiced drainage problem concerns
MOTION by CM Cavarra "I would like to move to obtain an updated
appraisal, can't rely on a 2-year old appraisal", and further com-
mented, should consider these facts Cooperation with Lakewood, might also
consider impact of development negative vs positive aspects, ie, would
appear this includes first class homes, impact on schools in the future, faced
with declining enrollment in this area, one of the first requirements is to
update the appraisal Motion seconded by CM Donaldson, carried 6-0 (Council
recessed for brief break) After returning from break, Mr Jerman stated the
bridge described on the map would be a vehicular bridge at Union St where it
deadends at Lena Gulch, rather than a pedestrian bridge
Ordinances on second reading and Public Hearings
Item 2 Ordinance No 298 repealing & reenacting Article IV, Chapter 2, of
the Code of the City, Establishing the Civil Service/Personnel Commis-
sion, Animal Control Commission, Parks & Recreation Commission, Arborist Board,
Building Code Advisory Board, Planning Commission, and Board of Adjustment,
and repealing Article V of Chapter 2 of the Code
CM Lewman introduced Ordinance No 298 on second reading, and Clerk read title
MOTION by CM Donaldson "I move for the adopt i on of Ord i nance No 298
on second reading, and ask that it be published and posted", sec-
onded by CM Cavarra Frank A Cosolo, Chairman, Civil Service Commission, pre-
sented its opposing reasons to combining the Civil Service and Personnel Com-
missions Wm Donaldson, 2909 Chase, member of Animal Control Commission, pre-
sented the suggestions of that Commission Steven Blair, President of the
Wheat Ridge Police Protective Assoc , stated the Association's recommendation
that the Civil Service Commission be retained as a separate Commission
Wm Thornton, past vice-chairman and Chairman of the Personnel Commission,
stated its support of the feelings of the Civil Service Commission, and urged
continuance of the two separate Commissions Lee Stewart, member of the Plan-
ning Commission, presented the resolution of the Planning Commission of Octo-
ber 19, 1978, setting out its amendment to Sec 2-17 re Qualifications,
appointment and term, removal, vacancies of Members MOTION by CM Flasco
"I would move at this time for this matter to be deferred for a
one-month period in order that we can look into some of these things
and brought back to Council at that time, and that all proposed
changes are listed and brought to the Study Session", seconded by
CM Donaldson Mr Stromberg recommended changes to paragraph (c) of Sec 2-23,
page 8, re Building Code Advisory, by striking words "City Clerk for inclusion
and placement on the Agenda of the City Council" and insert instead "the
Building Division Forms designated for such purposes" Further, re Board of
Adjustment, page 10, Sec 2-25 (a), delete "Comprehensive Development Plan"
and insert "zoning ordinance" CM Cavarra suggested the suggestions and rec-
ommendations presented here tonight need review by the Council, and should be
set out separately from the ordinance so that they may be gone over at the
Study Session, and then, on that basis, ask the City Attorney to make changes--
some may be incorporated and some may not City Attorney agreed with this
Council also asked the Civil Service Commission that if Council did act on its
recommendation for separate Commissions, would it be its intention to see that
the Civil Service rules are drafted in final form, reply in affirmative
City Administrator's Matters
Item 16 Progress Report re RTD Bus Recovery Area and Schedule
Mr Jerman reported on the meeting of the Committee appointed by
Council RTD has engaged KKBNA to provide preliminary design of the bus pad,
RTD did approve a $15,000 allotment to Wheat Ridge for this pad construction
Pearl Alperstein, RTD representative, reported scheduling changes will be made
beginning December 7th, and received other concerns and ~omments of Council
City Council Minutes October 23, 1978 Page -3-
Ordiances on second reading and Public Hearings
Item 3 Ordinance No 299 repealing & reenacting with amendment, Sections of
the Code of the City of Wheat Ridge pertaining to Sales Tax, Use Tax
and Utilities Tax CM Lewman introduced Ordinance 299 on second reading, Clerk
read title MOTION by CM Lewman "I move for the adoption of Ordinance
No 299 on second reading and ordered published", seconded by CM
Donaldson Concern was expressed by Council re collection of sales tax from
street corner flower vendors Jim Reser, Chamber of Commerce, commented this
was a well written ordinance Motion carried 6-0
Ordinances on First Reading
Item 4 Ordinance amending Appendix A, Zoning Ordinance, Section 21, of the
Code by the addition of a provision for Flexibility of Design
Mr Stromberg stated the intent of the ordinance is to allow more flexibility
in the decisions Council has on reviewing development plans for industrial
zoning, to allow for some flexibility of design and layout, and really looking
at the larger type of development Council questioned what is in this propo-
sal that can't already be accomplished by existing ordinances and expressed
concern that flexibility sometimes is used as a means to avoid requirements
Dwight Griggs, attorney, 5771 Wadsworth Highway Bypass, urged ordinance be
passed on first reading to enable scheduling a Public Hearing MOTION by
CM Lewman "I would move that discussion of this be put on the next
available Study Session, so maybe we can clarify what it is we are
trying to do, or the community development department is trying to
do, and which will seem most feasible", seconded by CM Donaldson CM
Pepe asked if thi s ordi nance was to suit one party and hOI^' come \1e hadnot had a
problem before Mr Stromberg stated it was to open it up to get better design
Motion carried 5-1, with CM Pepe voting NO
Item 5 Ordinance providing for the adoption by City Council of Six Quarter
Section Zoning Maps as the official zoning maps of the City of Wheat
Ridge, Colorado, and to provide for the future updating of these maps period-
ically to indicate the zoning changes approved by the City Council of the City
of Wheat Ridge, Colorado
Ordinance introduced by CM Donaldson, numbered 300 and title read by Clerk
AMENDED MOTION "I move tha t Ord i na nce No 300 be adopted on fi rs t
reading and ordered published, that a Public Hearing be set for Mon-
day, November 13, 1978, at 7 30 pm, in City Council Chambers at
7500 W 29th Ave, Wheat Ridge, Colorado, and that the Ordinance,
if approved on second reading take effect 8 days after final pub-
lication, that the maps be reduced to 1-200 size for distribution
to the Council, and that the legal publication will state that the
maps are available in the office of the Community Development
Department for review" First amendment by CM Lewman, seconded by CM Flasco,
carried 6-0 Second amendment by CM Turner, seconded by CM Flasco, carried 6-0
Original Motion by CM Donaldson, seconded by CM Turner, and as amended, carried
6-0
Item 6 Ordinance No 280 amending Section 9 3, Article II, Environmental Con-
tr.ol of the Code of the City of Wheat Ridge, County of Jefferson,
State of Colorado MOTION by CM Turner "I would move that this matter
be removed from the Table, and ask that it be set for consideration",
seconded by CM Cavarra, carried 6-0 It was determined that the matter should
be rescheduled for a Public Hearing, and Notice published MOTION by CM Turner
"I would move that Ordinance No 280 be scheduled for public hear-
ing, second reading, on November 13th, and that the proper publica-
tion be made for that hearing", seconded by CM Pepe, carried 6-0
Decisions, Resolutions, and Motions
Item 7 Resolution to Reinvest Funds of the Capital Improvements Fund
Resolution introduced by CM Lewman, numbered 612 by Clerk and title
read Mr Malone, City Treasurer, presented the interest quotes received for
the purchase of $500,000 Certificate of Deposit for a period of 90 days from
eight individual banking firms Question re validity of using local bank vs
outside bank listing a slightly higher interest offering (9 375%) MOTION by
CM Flasco "I would move that the City Treasurer be authorized to
purchase $500,000 in the First National Bank of Denver, downtown",
seconded by CM Turner, carried 5-1, with CM Pepe voting NO
City Council Minutes October 23, 1978 Page -4-
Item 8 Budget Transfer Resolution - adding an appropriation to purchase a
tractor and mower Introduced by CM Donaldson, numbered 613 and title
read by Clerk MOTION by CM Donaldson "I move for the adoption of
Resolution 613", seconded by CM Flasco, carried 6-0
Item 9 Acceptance of corrected Warranty Deed from May Joy Black (Legal
description corrected, original deed accepted by Planning Commission
MOTION by CM Lewman "I would move to accept the deed of Mrs May
Joy Black", seconded by Ct~ Cavarra, carried 6-0
Item 10 Resolution pertaining to Particulate Control of the City of Wheat
Ridge
Introduced by CM Lewman, numbered 614 and title read by Clerk MOTION by CM
Lewman "I move for the adoption of Resolution No 614 with the
following amendments In the third whereas strike 'particulate'
in the first sentence, and strike 'consisting of' in the second
sentence, and add, in lieu of 'particulate', 'reasonably available
methods of', and in lieu of 'consisting of', 'relating to', and in
the first, 'be it resolved', strike the word 'Q.i'in the first
sentence, and insert 'including but not limited to', and in the 'be
it further resolved' section, the third line, strike the wording
'these', and change the word to 'those mandated''', seconded by 01
Cavarra CM Turner stated she would vote against this for the reason when
there is something that has to be done to better the air quality, rather than
ask for Federal aid, we should take it upon ourselves to take it out of our
Budget and to do anything that we can reasonably do Motion carried 5-1, with
CM Turner voting NO
Item 11 Authorization to make final payment to Sabells, Inc for landscape
improvements at Municipal Building Complex
Mr Bredt stated all requirements have been complied with MOTION by CM
Cavarra "I authorize the final payment to Sabell's, Inc for land-
scape improvements at Municipal Building Complex, and I further
move that the retainage sum of $8,301 16 for the landscape improve-
ments to the new Municipal Complex be paid to Sabell 's, Inc in
the amount $7,786 69, to be charged to Account 54-508-865-5, the
amount $514 57 to be charged to 31-504-811", seconded by CM Donaldson,
carried 6-0 Council and Mayor expressed the thought that Sabell's, Inc did
do a good job on the landscape improvements
Item 12 A lication for renewal of Li uor Licenses of MOTION by CM Pepe
"I move to approve the renewal of a the Class T Tavern
License for the Disabled American Vets Club No 22, 4901 Marshall
St , Wheat Ridge, Colo, (b) the Class E Drug Store Liquor License
for Master Drug, Inc , 3810 Wadsworth Blvd, Wheat Ridge, Colo ,
and (c) the Class E Drug Store Liquor License for Wadsworth Drug
Inc ,7397 W 44th Ave, Wheat Ridge, Colo ", seconded by CM Lewman,
carried 6-0
Item 13 Resolution Adopting City Budget and Establishing a Mill Levy for the
purpose of deriving property tax revenues Introduced by CM Cavarra,
numbered 615 and title read by Clerk MOTION by CM Cavarra "I move that
Resolution 615 be approved", seconded by CM Donaldson ~1r Jerman pointed
out this resolution adopts the City Budget for 1979 which encompasses in the
totals all of the changes that were approved and directed by the Council, that
all changes have been placed in the Budget document, which was, at that point,
filed with the City Clerk Motion carried 6-0
Item 14 Resolution appropriating funds for the purpose of Departmental Opera-
tions, Capital Improvements, and Special Funds for the City of Wheat
Ridge for the fiscal year 1979 Introduced by CM Lewman, numbered 616 and title
read by Clerk MOTION by CM Lewman "I move that Resolution 616 be
adopted", seconded by CM Pepe, carried 6-0
Item 8 Budget Transfer Resolution - adding an appropriation to purchase a
tractor and mower It was brought to the attention of Council that
an error existed in Resolution No 613 adopted under item 8 above, in that, it
should have listed two tractors and two mowers, rather than just one each
MOTION by CM Cavarra"I move to rescind Resolution 613", seconded by
CM Turner, carried 5-1, with CM Flasco voting NO CM Cavarra asked the Clerk
City Council Minutes October 23, 1978 Page -5-
to assign a new number and to read the corrected title Clerk assigned 617,
read corrected "title" and "purpose" to include two tractors and two mowers
MOTION by eM Cavarra "I move that Resolution 617 be approved",
seconded by CM Donaldson, carried 6-0
City Administrator
Mr Jerman stated that DRCOG is holding a series of meetings to discuss the
Air Quality Implementation Plan First meeting will be 7 pm, October 26,
1978, in the Lakewood City Hall, fifth floor
Council Members' Matters
CM Cavarra stated in looking ahead, how many will be here for the meeting of
the 27th of November, as that is the St Louis NLC Conference, and Mrs Turner
will be out of town CMs Flasco and Donaldson will be attending the NLC Con-
ference MOTION by CM Turner "I move to cancel the Council meeting
of November 27", seconded by CM Pepe, carried 6-0
MOTION TO ADJOURN by CM Cavarra, seconded by CM Donaldson, meeting adjourned
at 11 40 p m
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