HomeMy WebLinkAbout03/12/1979
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
March 12, 1979
At 7 40 pm, Mqyor Phillips convened the meeting of March 12, 1979 of the
City Council Council Members present Mary Jo Cavarra, Joseph M Donaldson,
Anthony N Flasco, Gary L Lewman, and Louise F Turner Also present City
Clerk Carol F Hampf, City Administrator John A Jerman, City Treasurer James
o Malone, City Attorney Charles Owens, Department Heads Richard H Bredt,
Clyde E Hobbs, Douglas Hilyard, Charles Stromberg, staff, interested citizens
MOTION by Mr Donaldson "I move that the Minutes of February 26th be
approved as pri nted", seconded by Mr Flasco, carried 5-0
Public Comment
Philip A Dewald, 9490 W 36th Ave, spoke requesting special permission to use
a part of the public right-of-way for storage of wood chips and manure on a
temporary basis MOTION by Mrs Cavarra "I would suggest that, in keeping
with our policy, that we place this item on next week's Agenda for
consideration, and that it be published in this week's paper", seconded
by Mrs Turner, carried 5-0
City Treasurer
Item 1 Resolution to Reinvest Funds of the General Fund
Mr Malone gave a report of the interest rate quotations Resolution introduced
by Mr Donaldson with the request that the Lakeside National Bank at 10 77%
interest for 182 days be filled in Resolution numbered 633 and title read by
Clerk MOTION by Mrs Turner "I move that Resoltuion No 633 be approved",
seconded by Mr Flasco, carried 5-0
Public Hearings and Ordinances on Second Reading
Item 2 Ordinance No 318 repealing Section 20-1 through Section 20-16, inclusive,
of Chapter 20, Article 1, Wheat Ridge Code of Laws, pertaining to
excavation of streets and reenacting new provisions (Deferred from
February 26, 1979 )
Mr Owens, City Attorney, reported he had been contacted this afternoon by
Mountain Bell and the Denver Water Board regarding some recent Court decisions
and would like some additional time to research these cases MOTION by Mr
Flasco "I move that thi s item be deferred for a one-week peiTod
and be pl aced on the Agenda for next Monday ni ght", seconded by
Mr Donaldson, carried 5-0
Emergency Ordinance
Item 3 Ordinance repealing Section 18-32, 18-33, 18-34, 18-35, 18-36, and
18-37, Article II, Chapter 18 (Civil Service Commission) of the Code
of Laws of the City of Wheat Ridge, Colorado (to achieve conformity
with Ordinance No 309)
Emergency Ordinance introduced by Mrs Cavarra, numbered 321, and title read
by the Clerk MOTION by Mrs Cavarra "I move that Ordinance No 321
be approved on this final reading", seconded by Mr Donaldson, carried
5-0
Ordinances on First Reading
Item 4 Ordinance repealing Section 18-32, 18-33, 18-34, 18-35, 18-36, and
18-37 of Article II, Chapter 18, and an Emergency Ordinance numbered
Ordinance No , Series of 1979, of the Code of Laws of the
City of Wheat Ridge, Colorado
Ordinance introduced by Mr Flasco, numbered 322, and title read by the Clerk
MOTION by Mr Donaldson "I move that Ordi nance No 322 be adopted on
first reading and ordered published and posted, and that a Public
Hearing be set for Monday, March 26th, 1979 at 7 30 p m in City
Council Chambers, 7500 W 29th Ave, Municipal Building, Wheat
Ridge, Colorado, and that the Ordinance, if approved on second
reading, take effect one day after final publication", seconded by
Mr Flasco, carried 5-0
CITY COUNCIL MINUTES March 12, 1979
Page -2-
Item 5 Ordinance amending Section 24 of Appendix A, Zoning Ordinance, of the
Wheat Ridge Code of Laws, which Section pertains to "Excavation and
Deposit Control"
Ordinance introduced by Mr Donaldson, numbered 323, title read by the Clerk
AMENDED ~10TION "I move for the adoption on first reading of Ordinance
No 323 and order that it be published and posted, and that a Public
Hearing be set for Monday, March 26th, at 7 30 pm, in City Council
Chambers, at 7500 W 29th Ave, Municipal Building, Wheat Ridge,
Colorado, and that the Ordinance, if approved on second reading,
take effect fifteen days after final publication, with the following
amendment That the second paragraph, second sentence, read Decision
shall be made by the City Council upon recommendation by the City
Community Development Department" Motion to amend by Mrs Cavarra,
seconded by Mr Flasco, carried 5-0 Original motion by Mr Donaldson, seconded
by Mrs Turner, and as amended carried 4-1, with Mrs Turner voting NO
Item 6 Ordinance amending Section 25 (D) of Appendix A, Zoning Ordinance,
of the Wheat Ridge Code of Laws, which Section pertains to "Non-
conforming Lots"
Ordinance introduced by Mrs Cavarra, numbered 324, title read by Clerk
MOTION by Mrs Turner "I move that the first sentence in 'D. Non-
conforming Vacant Lots of Record', be amended to read 'In any
District in which single family dwellings are permitted, a single
family residence and customary accessory buildings may be erected
on any vacant si ngl e lot of record', and the rest of the sentence
as it is written, and that the ordinance be adopted on first
reading with that amendment, that the Public Hearing be set for
March 26th, effective date to be fifteen days after final publication",
seconded by Mrs Cavarra, carried 3-2, with Messrs Flasco and Donaldson
voting NO Mr Flasco stated he could see no good purpose to be served by this
Ordinance
Decisions, Resolutions, and Motions
Item 7 Report of Colorado Department of Highways re W 32nd Ave Pathway
Project (Richard J Brasher, Director of Engineering)
Deferred until later in the agenda, awaiting Mr Brasher's appearance
Item 8 New appraisal and decision re Purchase of property at W 32nd Ave
and Union St (property owners notified by Community Development
Department )
Mr Stromberg explained the various options 1) Wheat Ridge to purchase,
2) to participate with Lakewood in the purchase, 3) development The developer
has filed for the platting process, showing 54 R-1 units Peter Futro,
representing Sol Associates, of the firm of Ehrlich & Futro, stated they have
submitted an application to plat and were not prepared to address the subject
of the City's possible purchase He asked that his letter to Council be made
a matter of record as it aptly expresses the opinion of the property owners
Anthony J Pizzo, 12140 W 35th Ave, Dale W Milich, 12005 W 35th Ave,
David Hillenburg, 3391 Vivian Dr , Peter Rex, 3388 Swadley, Joyce E Deinberger,
11736 W 33rd Pl , Pat Phillips, 11763 W 33rd Ave, and Jean Bowman, 11670 W
35th Ave All spoke in favor of Open Space purchase of all or part of the
parcel and requested the area be left undeveloped as Open Space There were
approximately thirty property owners--registered voters--in attendance
MOTION by Mrs Turner "I move that Wheat Ridge authorize the staff
to begin negotiations for the purchase of tracts B, C & D (from the
appraisal), assuming that tract A is the southern most tract, at
a cost of approximately $169,200, that this purchase would be from
the Wheat Ridge portion of the Open Space funds, and such property
would be intended to be utilized as natural open space as opposed
to a highly developed sports park, provided the arrangements can
be worked out for funding within Open Space monies as they relate
to all purchases proposed at this time The results of such
negotiations be brought to City Council in the form of Resolution
for approval " Seconded by Mrs Cavarra, passed 3-2, with Messrs Flasco
and Donaldson voting NO, stating they were opposed until definite answers on
financing had been received and the motion called for bringing in a resolution
for approval only
CITY COUNCIL MINUTES March 12, 1979
Page -3-
Item 7 (Subject title set out on Page 2)
Since Mr Brasher has not appeared, Mr Jerman reported that the State required
direction regarding a terminus of the pathway MOTION by Mr Flasco "I move
that this item be deferred for one week, at which time it will be
placed on the Agenda, and the staff be directed to invite Mr Brasher
to be here to explain his particular decision", seconded by Mrs Turner,
carri ed 5-0
Item 9 Motion to purchase insul'ance coverage for Police Professional Liability,
Public Official Liability, and Umbrella Coverage (Garry Kispert,
Galbraith & Green)
Garry Kispert, Galbraith & Green, explained the various policies and coverages
~10TION by Mr Donaldson "I move to approve the purchase of Pol i ce
Professional Liability Insurance for the period of March 20, 1979
to March 20, 1980 from Guaranty National for the annual premium
rate of $13,210, to be charged to Account No 01-610-783", seconded
by Mr Lewman, carried 5-0 MOTION by Mr Donaldson "I move to approve
the purchase of Public Official Liability Insurance for the period
March 1, 1979 to March 1, 1980, from Forum Insurance at the annual
premium rate of $4,758, to be charged to Account No 01-610-784",
seconded by Mrs Turner, carried 5-0 MOTION by Mr Lewman "I move to approve
the purchase of Umbrella Coverage for the period March 20, 1979 to
March 20, 1980, from Granite State at the annual premium rate of
$8,675, to be charged to Account Numbers 01-610-781 and 01-610-784",
seconded by Mr Donaldson, carried 5-0
Item 10 Decision concerning inclusion of Identity Section in the Comprehensive
Plan
Mayor Phillips stated that the Identity Committee report should be set for
Public Hearing ~10TION by Mrs Cavarra "I move that the Public Hearing
date of April 9, 1979 be set to hold a Public Hearing regarding
including the proposed Identity Section in the Comprehensive Plan,
the original version as provided by a majority of the Committee be
considered along with the minority report, and the comments of the
Planning Commission and proposal of the staff", seconded by Mrs Turner,
carried 5-0 The City Attorney ruled that the Committee members in attendance
should not be heard until the Public Hearing, at which time testimony would be
taken from all concerned with the reports included as a part of the Agenda
item
Item 11 Decision re Acquisition of Fire House Building at Columbia Heights
Elementary School site (Ye Olde Firehouse community center) from the
R-1 School District
MOTION by Mr Donaldson "I move that the Mayor be authori zed to sub-
mit an immediate offer to the Jefferson County R-1 School Board for
the purchase of the Firehouse Building located at the Columbia
Heights Elementary School site for a price of $10.00, subject to the
City providing all necessary legal services and other related work,
such as preparation of the legal description, deed, site survey
and absorbing all costs of the transer, and further that the Parks
and Recreation Department be assigned the responsibility for
maintenance and scheduling of the building for approved functions,
and subject further to the City installing necessary metering
devices for all utilities to the building at City expense",
seconded by Mr Flasco, carried 5-0
Item 12 Request to amend previously approved plan to "expand, enlarge or
modify premises" for Valente's Italian Restaurant, 6995 W 38th Ave
(change location of staircase and service bar only)
MOTION by Mr Flasco "I move that we amend the previously approved
plan of Valente's Italian Restaurant, 6995 W 38th Ave, to expand,
enlarge, or modify the premises from the proposed drawing that
was submitted to us at that time to the way its actually been
completed", seconded by Mr Lewman, carried 5-0
CITY COUNCIL MINUTES March 12, 1979
Page -4-
Item 13 Approval of purchase of 32 rolls of pavement marking film, 50 gallons of
contact cement, and 2 rolls of reflective sheeting from the 3M Company
(sole source purchase)
MOTION by Mr Lewman "I move to approve the purchase of 32 roll s of
pavement marking film, 50 gallons of contact cement and 2 rolls of
reflective sheeting from the 3M Company at a total cost of $3,257 62,
to be charged to Account No 01-304-660", seconded by Mr Donaldson,
carried 5-0
Item 14 Award of bid for roof replacements at Prospect Park
MOTION by Mr Lewman "I move to award the bid for roof replacements
at Prospect Park to Alpine Roofing Company, Inc , at a total cost of
$10,392, to be charged to Account No 31-603-800-862", seconded by
Mrs Cavarra, carried 5-0
Item 15 Budget Transfer Resolution Various needed Budget Adjustments among
the various Departments
Resolution introduced by Mr Donaldson, numbered 634 and title read by Clerk
MOTION by Mr Donaldson "I move for the adoption of Resolution No 634",
seconded by Mr Lewman, carried 4-1 Mr Flasco voted NO because he is against
the transfer of funds between Departments
Item 16 Request of Wheat Ridge Fire District to purchase two Police Cars,
#37 and #38 (1974 Ford Galaxies) at $300 each City Attorney
opinion on legality of sale without bidding
MOTION by Mrs Cavarra "I move that we authorize the sale of two Police
cars (vehicles 95 and 96) to the Wheat Ridge Fire District at the whole-
sale Bluebook value price", seconded by Mr Donaldson, carried 4-1, Mr
Flasco abstaining as he is a member of their Board of Directors
Item 17 Approval of proposed Annexation Criteria
Mr Lewman asked to have the item deferred until Planning Commission has met
to review the matter
MAYOR'S MATTERS
Mayor Phillips reported on the emergency change in parking at Paramount Park
due to problems there
City Administrator's Matters
Mr Jerman referred to a letter from Rosemary Dooley requesting comments re-
garding the Rocky Flats Monitoring Committee A resolution was requested for
next week's meeting expressing support for Federal purchase of vacant land
surrounding Rocky Flats
City Attorney's Matters
Item 18 Claim for additional payments during the month of February
Mr Owens reported on the invoice submitted by the City Attorney's office
Mr Flasco asked staff for a follow-up report to be given Council on the
apparent over-run of the Municipal Court and Community Development Department
MOTION by Mr Flasco "I move the bi 11, as presented for payment
from the City Attorney, be authorized", seconded by Mr Donaldson,
carried 5-0
Mr Owens distributed City Attorney's opinion regarding City Administrator and
Department Heads being exempt from the Merit System
Council Members' Matters
Mrs Cavarra reported the Street Committee minutes of March 1st had been dis-
tributed The Committee's recommendations are to be placed on the agenda for
authorization to go out for bid She suggested that some of the unbudgeted
surplus be used for starting on 44th Ave It was pointed out that this would
be a capital expenditure and should go to Planning Commission first
Mr Lewman requested that a City clean-up program be organized Mr Donaldson
and Mr Lewman to bring a proposal to City Council
CITY COUNCIL MINUTES March 12, 1979
Page -5-
Mrs Cavarra reported From information obtained during attendance at the Wash-
ington Conference, it is apparent that Revenue Sharing is in serious trouble
She suggested the draft of a letter be sent to Colorado delegates indicating why
Revenue Sharing should be continued and suggestions of funds that could be
eliminated
Item 19 Appointment to DRCOG Citizens
L Lewman)
MOTION by Mr Lewman
representative Mrs
Commi ttee", seconded
Advisory Committee
(Councilmember Gary
"I would like to nominate for Wheat Ridge's
Del Harmer to the DRCOG Citizens Advisory
by Mrs Cavarra, carried 5-0
MEETING ADJOURNED at 11 15 p m
~~;~0 7
APPROVED
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