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HomeMy WebLinkAbout12/11/1978 -'-- CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO December 11, 1978 At 7 40 pm, December 11, 1978, Mayor Phillips called the Four Hundred Thirty- fourth 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 Richard H Bredt, Douglas W Hilyard, Clyde E Hobbs, Charles Stromberg, Chief Ed Pinson, City Treasurer James 0 Malone, staff, interested citizens Approval of Minutes MOTION by CM Donaldson "I move for the approval of the minutes of November 20 and December 4 as printed", seconded by CM Turner, carried 6-0 Public Comment Ben Chastain, 3250 Marshall, presented a request of the Area 4 Planning Committee concerning four certain intersections on 33rd Ave east from Pierce St , e g , Depew/Fenton, Jay, Harlan, and Newland, presently designated as 4-way stops The request consisted of removing the stop signing with respect to 33rd Ave at intersections of Jay, Harlan, and Newland, for more orderly traffic progression Mr Hobbs, Director, Public Works, stated this request has been placed on a work order for review of the intersections mentioned 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 Develo ment Plan, Case No WZ-74-18, a roved July 21, 1975 (Continued from November 13, 1978 Mr Stromberg, Director, Community Development, presented the application, ad- mitting Outline Development Plan, Comprehensive Plan, Zoning Ordinance, and the Case file into evidence, and stated the Planning Commission and staff recommend approval Applicant Dwaine Richter was present and represented by Robert Kessler, attorney, who presented the applicant's case Robert Sonheim, attorney, presented opposing statements Ruth Carsh, Court Reporter, took the testimony MOTION by Cm Donaldson "I move that the application by Dwaine Richter for a Preliminary Development Plan for a duplex site in a Planned Commer- cial Development at 13165 W 33rd Ave be approved as presented, with the understanding that this Preliminary Plan meet all require- ments set forth in the Case WZ-74-18 It is in compliance with the Outline Development Plan which limits the use in the area B-1 to single family and duplexes The landscaping meets or exceeds the requirements The staff has recommended this, and the Planning Commission has recommended it", seconded by CM Cavarra, carried 4-2, with CMs Flasco and Lewman voting NO CM Flasco voted no because the Outline Devel- opment Plan approved a duplex site for 11.960 square feet rather than the 12,000 required CM Lewman voted no because a cul de sac had been eliminated, and he felt without it there was fire and traffic hazard Public hearing was closed by the Mayor Ordinances on Second Reading and Public Hearings Item 2 Ord No 298 repealing and reenacting Art IV of Chapter 2 of the Code re Establishment of certain Commissions and Boards, and repealing Art V of Chapter 2 The City Attorney requested that Ordinance No 298 be withdrawn or denied on second reading and the substitute ordinance be introduced since the previously requested amendments were so extensive Ordinance No 298 introduced by CM Donaldson, title read by Clerk, and MOTION by CM Donaldson "I move that Ordinance No 298 be denied on second reading based on the recommendations that the City Attorney has made", seconded by CM Cavarra, carried 6-0 The substitute Ordinance Repealing and Reenacting Article IV of Chapter 2 of the Code of the City of Wheat Ridge, Colorado, Establishing the Personnel Com- mission, Animal Control Commission, Parks and Recreation Commission, Arborist Board, Building Code Advisory Board, Planning Commission, Board of Adjustment, and Civil Service Commission, and Repealing Article V of Chapter 2 of the Code of the City of Wheat Ridge, Colorado, was introduced by CM Cavarra, numbered 309 and title read by Clerk MOTION to adopt on first reading by CM Cavarra "I move that Ordinance No 309 be adopted on first reading and ordered 3 CITY COUNCIL MINUTES December 11, 1978 Page -2- published and that a Public Hearing be set for Monday, January 15th, at 7 30 pm, in City Council Chambers at 7500 W 29th Ave, Muni- cipal Building, Wheat Ridge, Colorado, and that the Ordinance, if approved on second reading, take effect fifteen days after final pub 1 i cat ion", seconded by CM Donaldson, wi th the fo 11 owi ng amendments (1) Section 2-19 (d), delete the word "voice", so that it reads adopted by a "vote of a majority ", (2) Section 2-19 (g), delete in its entirety, and (3) Section 2-25, following the words, "Appendix A Zoning Ordinance", add "and/or Appendix B Flood Plain Zoning Ordinance" First amendment (1) by CM Turner, seconded by CM Lewman, carried 6-0, second amendment (2) by CM Flasco, seconded by CM Pepe, carried 6-0, and third amendment (3) by CM Lewman, seconded by CM Turner, carried 6-0 ORDINANCE AS AMENDED carried 5-1, with CM Flasco voting NO REPEALING ORDINANCES were introduced by CM Flasco, e g , Ordinance Repealing and Reenacting Section 4-2 of the Code of the City of Wheat Ridge, Colo- rado numbered 310, and title read by Clerk, Ordinance Repealing and Reenacting Section 5-25 of the Code of the City of Wheat Ridge, Colorado numbered 311, and title read by Clerk, Ordinance Repealing Article III of Chapter 15 of the Code of the City of Wheat Ridge, Colorado, including City Code Sections 15-13 and 15-14 numbered 312, and title read by Clerk, Ordinance Repealing Chapter 16 (entitled "personnel", including Articles I and II) of the Code of the City of Wheat Ridge, Colorado, in its Entirety numbered 313, and title read by Clerk, Ordinance Repealing Chapter 22 of the Code of the City of Wheat Ridge, Colorado, numbered 314, and title read by Clerk MOTION by CM Flasco "I move that Ordinances Nos 310 through 314 be adopted on first reading and ordered publ i shed", seconded by CM Cavarra, carried 6-0 Item 3 Ordinance No 301 regulating the operation of Motorcycle and other Vehicular Devices on certain public and private property within the City of Wheat Ridge and providing a penalty for the violation of the provi- sions of this ordinance CM Cavarra introduced Ord 301 on second reading and title read by Clerk MOTION by CM Cavarra "I move tha t Ord i nance 301 be approved on second reading", seconded by CM Donaldson Kay Orr, 10565 W 46th Ave, explained that the Association for Motorized Recreation had an extensive plan that would take approximately three hours to present and were asking for deferment until a Study Session where they could discuss this at length They wished to pro- pose there be a special place for motorized vehicle activity However, any testimony relating to this Ordinance (No 301) should be given during the scheduled Public Hearing It was suggested that the plan could be taken to the Parks and Recreation Commission Also, there had been requests regarding snowmobiling in the Greenbelt which also could be taken to the Parks and Recre- ation Commission for their recommendations Dick Bartlett, 8895 Alkire, Arvada, spoke regarding the North JeffCo/Arvada Park at 58th & Newcombe, where twenty acres have been devoted to a motorcycle park This park has been very popular and has lessened the use of private property complaints Motion carried 4-2, with CMs Flasco and Pepe voting NO CM Flasco indicated that he felt the ordinance was not enforceable, and CM Pepe stated he would like to get the recommendations from the Motorized Recreation group MOTION by CM Pepe "I move that we put this on a Study Session agenda", seconded by CM Flasco, carried 4-2, with CMs Cavarra and Donaldson voting NO Item 4 Ordinance No 302 to establish an Election Code of Ethics for Municipal Elections of the City of Wheat Ridge, Colorado Introduced on second reading by CM Donaldson, title read by Clerk MOTION by CM Donaldson "I move for the adoption of Ordinance 302 on second reading and ask that it be published and posted", seconded by CM Turner, carried 6-0 Decisions, Resolutions, and Motions Item 5 Resolution to Invest Funds of the General Fund Introduced by CM Lewman, numbered 622 and title read by Clerk Mr Malone, City Trea- surer, read the interest quotes received, the highest being at Lakeside National Bank MOTION by CM Lewman "I move that Resolution No 622 be adopted with the following insertions Lakeside National Bank, at 10 719%, for a period of 91 days", seconded by CM Donaldson, carried 6-0 'f CITY COUNCIL MINUTES December 11, 1978 Page -3- Item 6 Approval of Regulations re Sales and Use Taxes Mr Malone explained that these Regulations constitute guidelines for the City Treasurer and the auditor in the implementation of the Sales Tax Ordinance MOTION by CM Cavarra "I move that the City Council approve the regulations regarding Sales and Use Taxes as submitted", seconded by CM Flasco, carried 6-0 Item 7 MOTION by CM Donaldson "I move to approve the app 1 i ca t i on by Jolly Jack's Liquors, 4141 Kipling St , to change from a partnership to an individual proprietorship The individual pro- prietor is Jack L Farrar, Sr This application also serves to renew the current Class D - Retail Liquor Store License", seconded by CM Lewman, carried 6-0 Item 8 Award of Bid re Municipal Swimming Pool, including alternates Hank Salomon, field engineer for Camp Dresser & McKee, recommended that the high bidder for the swimming pool be accepted because he was within the Budget and had the only bid they found to be responsive He also recommended that all bids on the bathhouse be rejected and be put out for rebid on January 2nd Discussion involved whether the omitted items from some bids were "informalities" City Attorney Ed Lambert stated Council should determine, prior to award deci- sion, whether items omitted were "informalities" George Tollefsen of Tollefsen Construction, Inc , spoke that the Non-collusion and Non-segregated facilities Documents omitted in his bid were procedural documents as listed in the index, not bid documents He also stated that he did not submit a sub- contractor for the gutter system since his company installs gutters and filters, and, therefore, would be a purchase from a supplier Mr Hilyard, Director, Administrative Services, stated that the Non-collusion and Non-segregated facil- ities Documents are specifically required by BOR MOTION by CM Cavarra "I would make a motion that we ask the staff to reconsider the submission of accompanying documents and give these contractors a chance to submit all necessary documents If we find that the omission did not affect the viability of the bid and did not give the bidder an advantage over the other bidders, since I don't be- lieve any of these spoke to price The intent is that we allow everyone who omitted some procedural document to resubmit that, the staff to evaluate to make sure they are in order, and the Coun- cil make a decision next Monday night", seconded by CM Flasco, carried 5-1, with CM Plep~ voting NO MOTION by CM Flasco "I move that we would make a fina ecision on the bathhouse at next Monday night's me e tin gal so", seconded by CM Donaldson, carri ed 5-1, with CM Pepe voti ng NO Item 9 Proposed Development of the City's Eco-Cycle Program Mr Jerman reported that a site at 5555 W 56th Ave, Arvada, would be suitable but could not be ruled on by Arvada City Council until December 18, at which time he would report back to the Council If this site does not work out, there is an alternate possibility Genie Merkle, Secretary of the City/Chamber of Commerce Coordinating Committee, said that the Committee recommends approval of the program, and asked Council to consider Mike Sipes of Everitt Jr High School to be a member of the Advisory Committee MOTION by CM Turner "I move that Wheat Ridge participate in Eco-Cycle Program, subject to the availability of the site that is under discussion which would be a joint site with the City of Arvada and/or Jefferson County", seconded by CM Cavarra, carried 4-2, with CMs Pepe and Flasco voting NO CMs Flasco and Pepe stated they felt they needed more information Item 10 MOTION by CM Lewman" I move that the Publ i c Heari ng date for the application for a new Class G - Hotel and Restaurant License for Los Panchos, located at 6351 W 44th Ave, Wheat Ridge, be set for Monday, January 15th, 1979, and that the neighborhood, for the purposes of the needs and desires survey, be set at one mil e" , seconded by CM Donaldson, carri ed 6-0 Item 11 MOTION by CM Cavarra "I move that the Public Hearing date for the application of a new Class G - Hotel and Restaurant License for ETTA PLACE, to be located at 4020 Wadsworth Blvd, be set for Monday, January 22nd, 1979, and that the neighborhood, for the purpose of the needs and desires survey, be set for one mile", seconded by CM Turner, carried 6-0 ."l CITY COUNCIL MINUTES December 11, 1978 Page -4- Item 12 MOTION by CM Lewman "I move to approve the renewal of Class D - Retail Liquor Store Licenses for Wheat Ridge Liquors Co , 5808 W 38th Ave, Ronald E Graebing dba Hillcrest Liquors, 4403 Wadsworth Blvd, Barnes Investment Co dba Prk N Pik Liquors, 9345 W 44th Ave The Class T - Tavern Liquor License for Swiss Society of Denver, 4850 Wadsworth Blvd And for the Class G - Hotel and Restaurant Liquor Licenses for Twenty Six Twenty Five Kipling Corp, dba Paramount Lanes, 2625 Kipling St , with extended hours, for Wendel Enterprises Inc , dba House of Lords Restaurant & Lounge, 4111 Kipling St , with extended hours, CAP A Inc , dba Holly West, 3490 Youngfield St , with extended hours, Robert M Murray dba Clancys, 10117 W 37th Pl , HOBO Inc , dba Port 0 Entree West, 4105 Wadsworth Blvd, with extended hours, for Country Broker, Inc , dba Country Broker Restaurant and Bull & Bear Pub, 10151 W 26th Ave, with extended hours, all being 1 oca ted wi th in the City of Whea t Ridge, Co 1 orado", seconded by CM Turner, carried 6-0 Item 13 Re ort of ro osals received for Master Draina e Stud (reviewed by Street Committee, Tuesday, November 21, 1978 Mr Hobbs explained that the proposals had been reviewed by the Street Committee Four had been recommended to the Council by that Committee, and their first recommendation would be the firm of Meurer, Serafini and Meurer MOTION by CM Flasco "I move the staff be directed to prepare a resolution and a con- tract to accept the Master Drainage Plan proposal submitted by Meurer, Serafini and Meurer, Inc , for $38,000", seconded by CM Pepe, carried 6-0 Item 14 MOTION by CM Lewman "I move to authori ze Mayor to execute Kaiser Foundation Group Medical and Hospital Service Agree- ment reflecting the new premium rates effective January 1,1979", seconded by CM Donaldson, carried 6-0 Item 15 MOTION by CM Cavarra "I move that we accept deed of Co 1 dwe 11 Banker Residential Brokerage Company to City of Wheat Ridge for roadway purposes accepted by the Planning Commission November 7, 1978, approved as to legal description by Director of Public Works October 12, 1978", seconded by CM Lewman, carried 6-0 Mayor's Matters Mayor Phillips regretfully announced Mr Howard Mather's death Mr Mathers had been a Parks Maintenance employee City Administrator's Matters Mr Jerman announced the meeting of December 12th regarding the 32nd Ave pathway/bikeway He also reminded Council that the Urban Drainage and Flood Control District proposed 5-year plan had been distributed Also, that the final Budget document will be distributed prior to next Council meeting City Attorney's Matters City Attorney requested an Executive Session MOTION by CM Lewman "I move that the City Council have an Executive Session at the end of the regular meeting to discuss legal case decisions (1) Applewood Gardens vs Dwaine Richter and the City of Wheat Ridge, and (2) Einarsen vs City of Wheat Ridge, per Section 5 7 of the Charter", seconded by CM Donaldson, carried 6-0 Council Members' Matters It was requested that Mass Transit Committee work with RTD to get a circulating bus throughout Wheat Ridge, especially in view of the pool construction If there is inadequate public transportation, a very large parking lot would be required at Wheat Ridge Park It was further requested that Mr Hobbs prepare a report of the estimate of miles per hour, or day, a truck or grader can clear the street of snow, and how many hours or days it would take to clear the streets after a heavy snow, with a view toward considering purchase of additional equipment ~ CITY COUNCIL MINUTES December 11, 1978 Page -5- MOTION by CM Turner "I would like to move that the Council express a vote of 'no confi dence' in the City Admi n is tra tor", seconded by CM Flasco City Attorney Lambert stated that Mr Ben Loye, attorney for the City Administrator, was here earlier this evening, and he did request that if this matter came up the matter be brought up at a Public Hearing at a time when he can be present Mayor Phillips said that he thought it is an administrative matter, and would like not to consider the motion, and, as a matter of fact, would rule against it There were no other Council 11embers' matters MEETING ADJOURNED at 11 20 p m ( .., I' { Carol F Hampf " City CTefl / APPROVED cfh pj k /1 lid? r , { (yj- ~" ~~:3,,"~~~ lOistribute t/Q. Council ~Date _ I I 18 Mayor 'r~" 'C' , ". ^'" - vilY ,ec;, ,..;,1' "',--;l'rL City Treas: Cit)! Atty Il~ Oept Heads 70. [1_' U l~c-J (Ma.'L t), SI -j ~--