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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 ;) /1;), / 7 </ C{ +-