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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 I.~) / '"),--,'/ ,.... - / ! - ;t '"I. 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