HomeMy WebLinkAbout02/05/1979
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
February 5, 1979
Mayor Phillips convened the meeting of the City Council at 7 40 pm, February 5,
1979 Council Members present Mary Jo Cavarra, Joseph M Donaldson, Anthony
N Flasco, Gary L Lewman, Ray C Pepe, and Louise F Turner Also present
City Clerk Carol F Hampf, City Treasurer James 0 Malone, City Administrator
John A Jerman, City Attorney Edmund G Lambert, Department Heads Richard
H Bredt, Clyde E Hobbs, Douglas W Hilyard, Chief Ed Pinson, and Charles
Stromberg, staff, and interested citizens
No one appeared to speak under Public Comment
Ordinances on First Reading
Item 1 An ordinance repealing Sections 20-1 through Sections 20-16, inclusive,
of Chapter 20, Article I, of the Code of Laws of the City of Wheat Ridge,
pertaining to excavation of streets and reenacting new provisions
Ordinance introduced by Mr Donaldson, numbered 318 and title read by Clerk
AMENDED MOTION "I move for the adoption of the ordinance on first
reading with the following amendment that Section 20-9 be stricken,
and ask that it be published and posted, and a meeting set for
February 26 at 7 30 p m in City Council Chambers at 7500 W 29th Ave,
Municipal Building, Wheat Ridge, and that the ordinance, if approved
on second reading, take effect fifteen days after final publication"
Original motion by Mr Donaldson, seconded by Mr Flasco, motion to amend by
Mr Lewman, seconded by Mrs Turner, amending motion carried 6-0, motion as
amended carried 6-0
Decisions, Resolutions, and Motions
Item 2 Approval of Agreement for Engineering Services with Meurer, Serafini,
and Meurer, Inc
MOTION by Mrs Cavarra "I move that the Mayor be authori zed to enter
into the contractual agreement with Meurer, Serafini and Meurer, Inc
for the design of the Master Drainage Plan, with the following
amendment--this would be u~der 'c Hydraulics', number 7, to read
'Recommendations on a leas~ cost basis shall be made for required
improvement, including rehabilitation and/or expansion of facilities,
installation or improvement of surface drainage systems, and location,
sizing of recommended detention/retention areas''', seconded by
Mrs Turner, carried 6-0
Item 3 Motion expressing no opposition to Planned Residential Development
(PRD) at W 44th Ave & Miller St as proposed by new owner
(Bolas property only - Mugele portion being purchased by County
Open Space )
MOTION by ~1rs Turner "I move that Council make the following finding
of fact I That the City Council has not agreed not to mine gravel
on the property known as the Mugele property II That the City
Council considers the Plan known as the '44th Street Village PRD'
to have lapsed based on the following A As stated on the plan
and signed by then Mayor Albert E Anderson, Approval was SUbject
to 'platting and completion within 5 years from July 18, 1972'
B More specifically the construction on lot 1 was to begin
March 1972 with completion in May 1973, lot 2 was to begin April 1972
with completion in April 1973, and lot 3 was to begin April 1973
with completion by April 1974, and it was allowed that construction
on lots 2 and 3 be concurrent C Ordinance 69, Series of 1970
in effect at the time of the approval of this plan states in
Section 4 D 2 'Failure to complete construction at the termination
of the initial time limitation, or such extension of time as may
have been granted the applicant, shall be cause for action by the
City Council of the City of Wheat Ridge to consider reclassification
to a more restrictive zone classification, or classifications'
D No request for extension was either made or granted as provided
for in D 1 of the same Section of said Ordinance 69 E Under
provisions of the Code of the City of Wheat Ridge, in effect at the
present time, relative to Planned Residential Development, failure
CITY COUNCIL MINUTES February 5, 1979
Page - 2 -
to meet schedule 'shall be cause for action by the City Council
to consider reclassification to a more restrictive zone classi-
fication' III Building permits should not be issued for a plan
which has lapsed IV Under the provisions of the code now in
effect and/or under the provisions of Ordinance 69, Series of 1970
in effect at the time of the signing of the plans for 44th Street
Village PRD-City Council must consider 'reclassification to a more
restrictive zone classification (or classifications) I further
move that based upon the above finding of fact, that the Council
direct the staff not to issue the requested building permits
relative to lot 1 of 44th Street Village PRD, that it further
direct the staff to inform Mr Bolas of Council's obligation
under the law to consider reclassification of the zone district,
and also inform Mr Bolas that said Council has not at any time
agreed 'not to mine gravel' on the property known as the Mugele
property I further move that the Mayor be authorized to initiate
a rezoning application on behalf of the City" Motion seconded by
Mr Flasco Harold Bolas, 6006 Moore St , spoke, stating that he had initiated
the request, and brought it up, because he had heard the rumor that City
might possibly mine gravel The items brought up in the motion had caught
him off-guard, and will have to reconsider his position Claudia Worth,
4650 Oak St , said she had been one of the people who had previously circulated
petitions against this project, and had talked with some of the neighbors
recently, who are still against the project They are not happy with the
possibility of gravel mining, but will not oppose if precautions are taken
with their wells Mr Stromberg said that if the zoning on the property is
changed, the new State Gravel Mining Laws might now apply Mr Lambert,
in answer to question, indicated that the Wheat Ridge Code reference to
unified ownership refers to the time of rezoning MOTION carried 4 in favor,
one NO by Mr Donaldson, because he did not have the motion ahead of time
to study, and Mr Lewman abstaining because he had testified in opposition
to this project when it was originally heard MOTION by Mrs Cavarra "I move
that the Mayor be authorized to initiate a rezoning application
from Planned Residential Development to A-Ion behalf of the City
for the property located at W 44th Avenue and Miller Street,
northern portion, consisting of 12 22 acres, commonly known as the
Mugele property, and also known as Lots 2 and 3 of the 44th Street
Village PRD, currently being acquired by the City under the County
Open Space program", seconded by Mrs Turner, carried 5-1, with
Mr Donaldson voting NO
Item 4 Application for Change of Corporate Officers for Capa, Inc dba
Holly West, 3490 Youngfield St (George Pappas, Secretary-Treasurer
MOTION by Mr Lewman "I move to approve George E Pappas
as the new Secretary-Treasurer of Capa, Inc dba Holly West
located at 3490 Youngfield, Wheat Ridge, Colorado", seconded by
Mr Donaldson, carried 6-0
Item 5 Approval of New Manager for Counry Broker, Inc dba Country Broker
Restaurant, 10151 W 26th Ave
MOTION by Mrs Cavarra "I move that Mr James A Mal sam be approved
as the Manager of the Country Broker, Inc ", seconded by Mr Flasco,
carried 6-0
Item 6 Motion to authorize purchase of Fire Station No 2 property
(Schedule III) and purchase of property for Schedule I (VanHooser,
etc ) needed for Lena Gulch project (Budgeted)
MOTION by Mr Donaldson "I move that the Mayor be authorized to
notify the Urban Drainage and Flood Control District of the City's
desire to proceed immediately with the acquisition of property
needed for the Lena Gulch project for Schedule I and Schedule III,
and that the staff be authorized to secure a professional appraisal
for the Schedule I property at City expense, and that the appraisal
report secured by the Wheat Ridge Fire District for the Fire
Station be accepted as the basis for the Fire Station acquisition
The Account number for these acquisitions is 31-302-800-833"
seconded by Mr Pepe, carried 5-1, with Mr Flasco abstaining because of his
connection with the Fire District
CITY COUNCIL MINUTES February 5, 1979
Page - 3 -
Item 7 Decision on approval of Phase II funds for Wadsworth Town Center Plan
Mr Stromberg reviewed the results of the meetings held with residents and
requested the release of Phase II funds ($1500 for consultant) Phase II
Plan would define connecting streets and pedestrian linkage Earl Walker,
4211 Upham, Arthur Neumann, 4281 Upham, David Kissell, 4115 Upham, and
Gladys Wood, 4039 Upham, all spoke, indicating their opposition to the
purchase of fifty feet of their backyards, and if the purchase is made, they
want their entire property purchased They do not want options 1 or 2
(the Vance Street connector road) unless they are bought out Rose Moore,
3900 Upham, spoke, representing the six residents north of the fire station
on the east side of Upham, indicating that if the property is purchased on
the west side of Upham, they would like Council to leave their options
open for rezoning if the need arises MOTION by Mrs Turner "I move tha t
we move ahead, authorizing the money for Phase II design with
the options limited to the concept variations numbers 3, 4, and
5", seconded by Mr Pepe MOTION DIED by 3-3 tie, Messrs Flasco, Donaldson,
and Pepe voting NO Mr Flasco stated that he felt there was no need to
spend the funds, to go into Phase II, that staff could take care of it
MOTION by Mr Flasco "I move that staff be directed to consider
the problem on the Activity Center and approach Council in a
reasonable period of time, say two weeks from tonight, with
a plan worked out by staff, or two plans, that Council might
agree on", seconded by Mr Donaldson, carried 4-2, with Mr Pepe and
Mrs Turner voting NO
Item 8 New appraisal and decision re Purchase of property at W 32nd Ave
and Union St (This item is contingent on receipt of updated
appraisal from County Open Space)
This matter deleted for one week as the appraisal had not been received
as yet
Item 9 Approval to purchase radios and charger panels as authorized in
the 1979 Budget
MOTION by Mr Lewman "I move to approve the purchase of five mobile
radios, seven portable radios and two charger panels from General
Electric at a total cost of $8217, to be charged to Account Numbers
19-203-805,19-605-805, and 19-206-805", seconded by Mr Flasco,
carried 6-0
Item 10 Approval of purchase of 1979 Dodge truck as provided for in the
1979 Budget (Continued from Agenda of January 22, 1979)
MOTION by Mr Donaldson "I move to approve the purchase of a 1979
Dodge W150 truck with optional equipment from Jim Carlin Dodge,
Inc for the amount of $6792 87 per State of Colorado contract
Purchase to be charged to Account No 19-605-00-00-800-808",
seconded by Mr Flasco, carried 6-0
Item 11 Approval of purchase of one 50" Rotary Mower and Snow Blower with
attachments pursuant to 1979 Budget
MOTION by ~1r Pepe "I move to approve the purchase of one Gravely
Model 566, 50" Rotary Mower and Snow Blower with attachments from
the Hause Equipment, Inc , at their low bid price of $4600, to be
charged to Account No 19-603-808", seconded by Mr Lewman, carried 6-0
Item 12 Recommendation concerning Tennis Court Improvement Project in
Prospect Park and proposed parking plan
Mr Bredt explained that the Parks & Recreation Commission had suggested that
two courts could be put at the location, that no parking space needed to be
lost, that it would require a setback of five feet for landscaping as opposed
to the present twenty-five feet, and that a variance for the fences will be
needed from the Board of Adjustment MOTION by Mr Flasco "I move that s ta ff
be directed to move in accordance with Plan A (one tennis court plan)",
seconded by Mr Donaldson, carried 6-0
CITY COUNCIL MINUTES February 5, 1979
Page - 4 -
Item 13 Cooperation Agreement between Jefferson County Housing Authority
(DHUD) and the City (Continued from January 22, 1979 Agenda)
Mrs Turner presented seven suggested amendments to the Cooperative Agree-
ment, as follows MOTION #1 "Move that in Section 2 the words 'one or
more' in 1 i ne 3 and 'project or' in 1 i ne 5, be deleted" MOTION #2 "Move
that in Section 2 (e) the following be added Ito the extent that it is pro-
vided by RTD' " MOTION #3 "Move that in Section 2 (f) be added to read
'Projects shall be subject to the limitations of the zoning upon the
property proposed for the development' " MOTI ON #4 "Move that in Secti on 2
(g) be added to read 'No more than 6 housing authority low cost units shall
be built on anyone site or property, regardless of zoning, and no two sites
shall be adjacent to one another' " MOTION #5 "Move that in Section 4 (a)
the words 'and facilities' in lines 2 and 3 be deleted, and (b) be deleted
in its entirety" MOTION #6 "Move that in Section 4, (c) be reworded to
read as follows 'Insofar as the Wheat Ridge Board of Adjustment may do so,
it will consider requests for such deviation from the Building Code of Wheat
Ridge, in order to promote economy and efficiency in the development and
administration of such project' " MOTION #7 "Move that in Section 5, (b)
the word 'sidewalks' be changed to 'walkways' " MOTION by Mrs Turner
"I move that Motions #1 through #6 be considered as one motion,
and move thei r approva 1", seconded by Mr Pepe, carried 6-0 MOTION
by Mrs Turner "I move that Motion #7 be approved II , seconded by
Mr Pepe, died by tie vote of 3-3, with Messrs Flasco, Donaldson, and
Lewman voting NO Mr Flasco stated that he preferred sidewalks as opposed
to wal kways MOTION by Mrs Turner "I move \'Ie approve the agreement
as amended", seconded by Mr Pepe, carried 6-0
Item 14 Appropriation Resolution for the purpose of continuing certain
1978 Sales Tax Improvement Fund and Revenue Sharing Fund Projects
Resolution introduced by Mr Lewman, numbered 631 and title read by the Clerk
MOTION by Mr Lewman "I move to adopt Resolution No 631", seconded
by Mr Donaldson, carried 6-0
Council Members' Matters
Item 16 Resolution in support of the Denver Region Element of the State
Implementation Plan through commitment to implement specific air
pollution control measures and to consider for implementation
those additional measures recommended as the result of further
evaluations to be conducted under the continuing air quality
planning process
Resolution introduced by Mr Lewman, numbered 632 and title read by the Clerk
MOTION by Mr Lewman "I move to adopt Resolution 632", seconded by
Mr Donaldson Discussion involved if we should write our own resolution to
incorporate Wheat Ridge specifics MOTION carried 4-2, with Messrs Flasco
and Pepe voting NO
Item 15 Motion regarding meeting of February 19, 1979 (City Holiday
Washington's Birthday)
Decision to wait until next week to see if it is feasible to cancel the meeting
Mayor's Matters
Mayor Phillips requested that Mr Robert Vidick be nominated to the Jefferson
County Open Space Advisory Committee MOTION by Mr Pepe "I move to
nominate Mr Vidick", seconded by Mr Donaldson, carried 6-0
City Administrator's Matters
Mr Jerman called attention to the letter from Mr Brasher, Colorado Depart-
ment of Highways, received February 2nd, indicating that the Highway Depart-
ment has no objections to Wheat Ridge going with the original State plan on
the W 32nd Ave Bikeway/Pathway Suggested by Council that the item be put
on the agenda next week with the motion indicating staff recommendations
regarding the right-of-way in front of the Brown property and the Council
request to review the bids before they are let in case there is a substantial
increase in price, as Council might wish to reexamine its position
CITY COUNCIL MINUTES February 5, 1979
Page - 5 ~
Council Members' Matters
Mrs Cavarra informed Council that she will be going to the National League
of Cities Convention the first week in March in Washington, DC, and will
miss that Council meeting
Council Commissions' and Committees' Matters
Item 17 Appointments to various Boards and Commissions 1n compliance with
Ordinance No 309
After discussion about the procedure for making appointments regarding the
3-, 2-, and I-year terms, and the regular and alternate members, it was
decided that the Council Community Development Committee (Flasco, Pepe,
Turner) meet to set up guidelines for presentation at next week's meeting
MOTION by Mrs Turner "I move that we extend the time (for appli-
cations to the Committees, Boards, Commissions) for as long as
we are making appointments to consider people who are interested",
seconded by Mr Pepe, carried 4-2, with Mrs Cavarra and Mr Flasco voting
NO Mr Flasco stated we had set a deadline and should stick with it,
especially on Commissions that we have sufficient applicants
MOTION TO ADJOURN by Mr Pepe, seconded by Mr Lewman, adjourned at
11 10 p m
CFH pj k chj
APPROVED
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