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HomeMy WebLinkAbout11/13/1978 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO November 13, 1978 At 7 40 pm, November 13, 1978, Mayor Phillips called the Four Hundred Thirty-first Regular Meeting of the City Council to order Council Members present 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 Administrator John A Jerman, City Attorney Edmund G Lambert, Department Heads Douglas Hilyard, Clyde E Hobbs, Chief Ed Pinson, and Charles Stromberg, staff, and interested citizens Approval of Minutes MOTION by CM Donaldson "I move for the approval of the Minutes of the meeting of October 30, 1978, as printed", seconded by CM Cavarra, carried 6-0 Public Comment Fred Robinson, 11900 W Belleview, Littleton, spoke for the Westernaires--this is their 30th anniversary--informing of the great value of the membership to young people Claire Traylor came to speak as our newly elected State Representative She stated that she wanted to work closely with other governments, and wished to enlist our aid She asked that we keep her informed as to what is going on in the City government, and she will keep us informed on State issues Margie Steinshouer, 10600 W 44th Ave , spoke re the intersection of Harlan and 44th Ave near Lakeside Bank She stated that there is no pedestrian cross- ing, and you cannot see the walk light, and asked to have a cross walk desig- nated Mayor Phillips was asked to take care of it PUBLIC HEARINGS Item 1 Case No WZ-78-20 Application of Dwaine Richter for approval of Pre- liminary Development Plan No 2 for property located at approximately northeast corner of W 33rd Ave & Zinnia Ct , which is a portion of the PCD Outline Development Plan, Case No WZ-74-18, approved July 21, 1975 Mr Stromberg stated that we have a problem with the posting The posted sign stated the meeting was to be before the Planning Commission and not City Council, therefore, he would recommend that Council continue the meeting for reposting Robert Sonheim, representing the Applewood Home Owners Assoc , stated that he was present for the opposition and opposed continuance MOTION by CM Cavarra, "I move that the hearing be continued until December 11, and the property be properly posted", seconded by CM Pepe, carried 6-0 ORDINANCES ON SECOND READING AND PUBLIC HEARINGS Item 2 Ord No 300 providing for adoption by City Council of Six Quarter Sec- tion Zoning Maps as the Official Zoning Maps of the City, and to pro- vide for future updating of these maps periodically to indicate the zoning changes approved by the City Council of the City of Wheat Ridge, Colorado Mr Jerman explained the need for identifying the maps back to the Ordinance MOTION by CM Flasco "I move to delay this for a one-week period", seconded by CM Turner, carried 6-0 Item 3 Ord No 280 amending Section 9 3, Article II, Environmental Control of the Code of the City of Wheat Ridge CM Turner stated that there was some wording she would like changed, and "I would request that this be continued for one week to discuss with the City Attorney", seconded by CM Donaldson, carried 6-0 ORDINANCES ON FIRST READING Item 4 Ord No 297 regulating operation of Motorcycle and Other Vehicular Devices, providing for penalty, AND Revised Ordinance MOTION by CM Cavarra "I move to defeat Ordinance 297", seconded by CM Flasco, carried 6-0 The new ordinance was introduced by CM Cavarra, numbered 301, and the entire ordinance read by the Clerk as requested D1Scussion of the ordinance involved its necessity as opposed to the current nuisance ordi- nance, the possibility that this ordinance would also include the operation of lawnmowers and other work equipment It was explained that this ordinance, as opposed to the Penal Code, does not have the penalty of a jail sentence, and, therefore, juveniles may be cited MOTION by CM Cavarra "I move tha t Ordinance No 301 be adopted on first reading, that a Public Hear- ing be set for Monday, December 11, at 7 30 pm, in City Council Chambers at 7500 W 29th Ave, Municipal Building, Wheat Ridge, CITY COUNCIL MINUTES November 13, 1978 Page -2- Colorado, and that the Ordinance, if approved on second reading, take effect fifteen days after final publication", seconded by CM Pepe, carried 4-2, with CM Donaldson and Flasco voting NO CM Donaldson stated he felt the ordinance should be rewritten Item 5 Ordinance to Establish an Election Code of Ethics for Municipal Elections of the City of Wheat Ridge, Colorado Introduced by CM Donaldson, numbered 302 and title read by Clerk MOTION by CM Donaldson "I move that Ordinance No 302 be adopted on first reading, ordered published, that a hearing be set for Monday, December 11, in the City Council Chambers, at 7500 W 29th Ave, Municipal Building Wheat Ridge, Colorado, and that the Ordinance, if approved on second reading, take effect December 15", seconded by CM Cavarra Amending MOTION by CM Flasco""I would move to amend the Section 5A-4 (a)(I), so that it would read 'Office having substantial discretionary function shall include all elected officials"', seconded by CM Donaldson, carried 6-0 Motion as amended carried 6-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 Approval of payment requests #12 and 13 and additional items to Lillard and Clark Construction Co , Inc Mr Jerman reported that the "punch list" items had been completed, and that the items on the "other list" were all complete, with the exception of the vents in the Police Chemical Lab and the Map Room, both of which are being worked on Cracks in the concrete were questioned as to their repair Mr Stinnett said that some cracks are expected in concrete, and the City is covered by the one-year warranty if the cracks become larger than the tolerances outlined in the speci- fications MOTION by CM Donaldson "I move that the final payment to Lillard & Clark Construction Co , Inc , general contractors, for the Municipal Building construction, be authorized in the total amount of $171,982 47, and be charged to Account No 31-504-811", seconded by CM Lewman, carried 5-1, with CM Pepe voting NO Item 7 Presentation and Approval of Final Alignment of Schedule IV, Lena Gulch, from Nelson St to Parfet St Brian Kolstad, Urban Drainage and Flood Control District, stated that a public meeting had been held on November 6th, and there had been objections to the alternatives Bill Taggart, Wright-McLaughlin, 2420 Alcott St , explained the eight (8) alternatives, and indicated that he was not in favor of alternate 4 because the buried concrete box channel could overflow into the surrounding area when there was excessive water Alternatives 5 and 6 are new routes of the Gulch and are, furthermore, more expensive A telegram from Ned Lucas He asked that the decision be postponed until in December when he could be present The Urban Drainage District recommends alternatives 1, 2, or possibly a combination with 3 The citizens had stated at the public meeting that alternative 7 would be their choice Alternative 7 is 38% higher than the expected costs, and Urban Drainage and Flood Control District cannot fund this amount It was suggested that the difference might, in part, be used from Open Space Funds to purchase land Question was asked regarding a "do nothing" alternative Mr Kolstad stated that if the water gets out of the Channel at Parfet it would not come back to the gulch for some distance Leon Theigeson, 8630 W 84th, Arvada, owner of the apartments, stated that he had heard about the meeting today, had not received a letter regarding it, and urged continuation and additional public meetings for input John Jenkins, 10745 W 36th Ave, spoke for himself, and Messrs Simms, Mulcoco, Dowling, Darr, and Maul (? spellings) Mr Jenkins said that representation had been made that each one would be contacted indi- vidually and there would be a walk-through on the property, which had not been done These property owners opposed the "concrete pit" and the removal of their "greenbelt" trees Since this project will not be completed for sometime they felt they would be forced to sit on their property until something is done (Mr Kolstad had stated that perhaps the property purchases could be done at this time) They felt that their property is being encroached upon, whereas they are not in the Flood Plain and are not affected by Lena Gulch Virginia Kelly, co-trustee of the Estate of Benjamin V Howell, represented the owners of the land between Nelson and Oak, and stated that she was opposed to all of the alternatives, that one-third of their land will be removed from effective use She felt that the land taken should be divided between the area both north and south of the current gulch Mr Kolstad spoke regarding their con- tract and the Wright-McLaughlin contract, and the possibility of needing an extension, due to additional alternatives, meetings, and time MOTION by eM Flasco "I move to continue this item for a 30-day period, and on the agenda of December 18th", seconded by CM Cavarra, carried 6-0 CITY COUNCIL MINUTES November 13, 1978 Page -3- Item 8 Authorize contract for the artistic work for the Municipal Building Lobby MOTION by CM Donaldson" I move to authori ze a contract be approved for the artistic work for the Municipal Building lobby with Mr Robert Smith, not to exceed $5,000, and it be charged to Account No 31-504- 811", seconded by CM Fl asco, carri ed 5-1, wi th CM Pepe voti ng NO Item 9 Applications for renewal of Liquor/Beer Licenses MOTION by CM Turner "I move that the following Liquor and/or Beer Licenses be renewed (1) Class D - Retail Liquor Store License of APPLEJACK LIQUORS, Inc , 3320 Youngfield St, (2) Class T - Tavern Liquor License, with extended hours, LOST KNIGHT LOUNGE, Inc , 3270 Youngfield St, (3) Class F - Beer and Wine (on premises) of Ralph A Acierno dba CUGINO'S ITALIAN RESTAURANT, 5807 W 38th Ave, (4) Class J - 3 2% Beer Retail License for RIDGEVIEW SUPERMARKET, 9005 W 44th Ave, Class G - Hotel and Restaurant Liquor Licenses for (5) La Fonda Corp, dba La Fonda Mexican Restaurant, 5750 W 38th Ave, (6) J & E Corp, dba Valente's Italian Restaurant, 6995 W 38th Ave, (7) Red Lobster Inns of America, Inc , Red Lob- ster Restaurant No 119, 4455 Wadsworth Blvd, including Extended Hours, (8) West Forty-forth Inc , dba Verns, 7605 W 44th Ave, and (9) Mon Petit, Inc dba Mon Petit Restaurant, 7000 W 38th Ave, all such businesses being located within the City of Wheat Ridge, Colo- rado", seconded by CM Pepe, carried 6-0 MAYOR'S MATTERS Item 10 Appointment of Council representative to Colo Municipal League Policy Committee MOTION by CM Flasco "I nominate CM Donaldson to the Policy Committee", seconded by CM Cavarra, nominations were closed, motion carried 5-1, with CM Donaldson abstaining /l COUNCIL MEMBERS' MATTERS ,. vI r CM Turner requested that the Jefferson County Housing Authority be asked to clean ,,' . up the rema i nder of the Hook School property in conjuncti on with razi ng the ex i st- y ~\ ing temporary structures -r \ .p\ 0\ Mr Jerman stated that Mr Hobbs will be attending the meeting at the Colorado Department of Highways on Tuesday, November 14, regarding the 32nd Ave bike/pedes- trian pathway He was requested to check the drawings as there had been some con- cern that there had been an alteration in a curve near the Clark residence Mr Hobbs is also to check with the Highway Department on the Wheat Ridge Council re- quest regarding the bids Re Planning Commission denial of City Council application to rezone Columbia Heights School MOTION by CM Turner "I move that Case WZ-78-12 be sched- uled for a public hearing the second meeting in January (January 8, 1979)", seconded by CM Pepe, carried 4-2, with CM Flasco and Cavarra voting NO CM Cavarra stated she was against the motion as Council is not being consistent since they did not rezone their own property CM Flasco concurred that he was also against the motion Mr Hilyard told Council that Civil Service Commission had discussed the class- ification and salary study and feel that most of their questions have been answered They feel there is no need to bring Mr Woods back They will come to Council next week with a recommendation for Council's action Personnel Commission has had no problems and will also make a recommendation MOTION to adjourn by CM Pepe, seconded ~// / / - . , I... (./ I ( , , i ,( {,f ,-, , CAROL F HAMPF, CLERK'/~ l\ I i c/ cfh pj k pi", by CM Donaldson, adjourned at 11 20 P m APPROVED jl j.) ~ /7 8 . istribute to. Coune" Date: 11 /111 /78 Mayor fr . City Clerk: Cjtv tlrm City Tress: (tv, Admi~istrative Dtlp~ H~adsl Servlces Mail Distribution ~