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HomeMy WebLinkAbout08/20/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO August 20, 1979 The August 20, 1979 Regular City Council Meeting Was convened by Mayor Phillips at 7 40 P m Councilmembers present Mary Jo Cavarra, Joseph M Donaldson, A~thony N Flasco, Gary Lewm~n, Louise F Turner, and Ray C Pepe Also present Clty Clerk Carol F Hampf, Clty Treasurer James Malone, City Administrator John Jerman, City A~torney Ed Lambert, Department Heads Douglas Hilyard, Ed Pinson and Leonard Smlth, staff and interested citizens APPROVAL OF MINUTES MOTION by Mr Donaldson to approve the Minutes of August 13 with the addition of Mrs Turner's to Item 1, that after the words "economically unfeasible" be added in view of the cost of the property, seconded by Mrs Cavarra, carried 6-0 MOTION by Mrs Turner to move Item 13 up on the Agenda to right after the Mayor's Proclamation, seconded by Mr Donaldson, carried 6-0 PROCLAMATION BY THE ~1AYOR declaring September 8, 1979 "National Cancer Day" PUBU C COMMENT Oliver M Leavitt, 3255 Newland Street, spoke regarding the drainage problem in front of his house Eugene Fortier, 8795 West Kentucky, Lakewood, Executive Director of the Housing Authority, gave an updated report on their various programs (1) Rent subsidies under Section 8 - There are 74 such residents in Wheat Ridge, (2) The Intergovernmental Agreement has not been received back from HUD, (3) They are working with the Community Center re- garding the Hook School property Kathleen Luckin, 3875 Eaton Street and Linda Miles, 3850 Eaton Street, spoke regarding the drainage problem on Eaton near 38th DECISIONS, RESOLUTIONS AND MOTIONS Item 13 Submission of Citizens' Petition requesting drainage improvements at West 44th and Harlan Mr Flasco stated he had been contacted by Frances Cobb regarding the petition and asked for this to be on the Agenda so theseJ)eopl~could have a hearing Frances Cobb, 4470 Ingalls, Timothy Smith, 4460 Ingalls, Skip Nielson, 4480 Ingalls, Harold Ahrenholtz, 4450 Harlan Court, all spoke about the drainage problem in the area of 44th and Harlan Scott Tucker of Urban Drainage and Flood Control District, indicated that $114,000 was budgeted for Engineering in 1981 and $800,000 for Construction in 1982 in this area Mr Miller, 3905 Eaton, asked that their area also be included in the plans Council indicated their desire to budget for work on this problem in 1980 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Dumping Permit request by Ray Valente for property located at approximately 35th and Wadsworth (Case No DP-78-03) Mr Gidley gave Staff recommendations and submitted exhibits including the Drainage Plan which had been prepared by Padon Engineering and approved by the City Engineer Bill Myers, 7535 West 35th Avenue, spoke his concerns about drainage from the property toward the East Council were concerned about the drainage from the property down 35th Avenue MOTION by Mrs Cavarra that a citation be issued for Violation of Ordinance, that no more fill be allowed, that the owner be directed to grade the existing fill so that no more than the historical drainage be allowed to flow from the property in any given direction, that the County Surveyor or any other outside ergineer be brought in to approve the final grading and, if this cannot be accomplished, then whatever Court action is necessary to have the fill removed will be taken, seconded by Mr Donaldson, carried 6-0 MOTION by Mr Lewman to deny Dumpi ng Permi t No DP-78-03, seconded by Mr Donaldson, carried 5-1 with Mr Pepe voting NO After discussion of the effects of the above motion, ~10TION by Mr Lewman to reconsider the motion to deny the Dumping Permit, seconded by Mr Flasco, carried 4-2 with Mr Pepe and Mrs CITY COUNCIL MINUTES August 20, 1979 -2- Turner voting NO MOTION by Mr Lewman to Table indefinitely Case No DP-78-03, seconded by Mr Donaldson, carried 5-1, Mr Pepe voting NO Item 2 Ordinance No 278 - Providing for the rezoning of land located at the area bounded by West 35th, West 38th, Flower Street and Independence Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-78-2) (Continued from 6/12/78 - Pending a solution to nonconforming lots problem) Ordinance was introduced by Mrs Cavarra and the title read by the Clerk Recommendation of Staff was to deny the Ordinance as being no longer necessary No citizens were present to talk MOTION by Mr Donaldson" I move that Ordinance No 278be denied due to the adoption of Ordinance No 324 which amends City Zoning Ordinances concerning Nonconforming Lots, making the original intent of this Mass Rezoning case a moot issue" seconded by Mr Lewman, carried 4-2 with Mrs Turner and Mrs Cavarra voting NO, Mrs Turner stating she saw no harm in its passage and felt it was a proper action Item 3 Ordinance No 348 - Providing for the rezoning of land from Restricted Commercial (RC) to Planned Residential Development (PRD) and approval of a Preliminary Development Plan on property located at 3830 Otis Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-79-4) Ordinance was introduced by Mr Pepe and the title read by the Clerk Mr Gidley gave Staff Comments and exhibits were accepted Ernest Fullerton, 4465 Reed, applicant, stated that the development is for his family, that it meets all existing R-3 standards except for the south side of the carport landscaping However, the carport wall serves as a buffer There was no one in opposition MOTION by Mr Lewman that Ordinance No 348, which provides for the rezoning from RC to PRD in Case No WZ-79-4 be approved for the following reasons (1) Requirements for pub- lishing, posting and notification have been met, (2) The suggested parcel is within the City of Wheat Ridge, therefore, there is justification to hear, (3) This request is compatible with area land use and zoning and is consistent with the Comprehensive Plan, (4) The Site Layout and Design is functional and has the advantage of the PRD concept, (5) Planning Commission has recommended approval, (6) All requirements of the Zoning Ordinance have been met, (7) Variance for the 12-foot landscape buffer and building set- back for the garage be recommended for approval, (8) Applicant be allowed, if he so chooses, to increase green area instead of some of the paving, at his discretion Seconded by Mr Flasco, carried 6-0 Item 4 Ordinance No 349 - Providing for the approval of zoning to Agriculture-One (A-I) for all of the right-of-way of Interstate 70 within the corporate limits of the City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-79-10) Ordinance was introduced by Mr. Lewman and the title read by the Clerk Mr Gidley gave Staff comments and exhibits were entered MOTION by Mr Lewman that Ordinance No 349, approving the zoning Agriculture-One (A-I), known as Case No WZ-79-10, be approved for the following reasons (1) Re- quirements for publishing, posting and notification have been met, and (2) The subject property is within the City of Wheat Ridge, therefore, there is jurisdiction to hear, (3) The property currently has no zone district classification and it is required by Zoning Ordinance that all land within Wheat Ridge be zoned, (4) The owner has no objections to this zoning action, (5) Planning Commission recommended approval Seconded by Mr Donaldson, carried 6-0 CITY COUNCIL MINUTES August 20, 1979 -3- ORDINANCES ON FIRST READING Item 5 An Ordinance repealing Ordinances 91 and 99 and establishing the salary of the Mayor of the City of Wheat Ridge, Colorado, for the period beginning November 12, 1979 Ordinance was introduced by Mr Pepe with the request that the figures "$6,000" per year and "$500" per month be fi 11 ed in, numbered 353 and the title read by the Clerk MOTION by Mr Lewman "I move that Ordinance No 353 be adopted on first reading and ordered published, that a Public Hearing be set for Monday, September 10, 1979, at 7 30 P m 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 November 12,1979", seconded by Mr Pepe, carried 5-1 with Mrs Cavarra voting NO An Ordinance repealing Ordinance 92 and establishing the salary of the City Council of the City of Wheat Ridge, Colorado, for the period beginning November 12, 1979 Ordinance was introduced by Mrs Turner with the suggestion that '$1,500" per year and "$125" per month be filled in, Ordinance numbered 354 and the title read by the Clerk MOTION by Mr Lewman that the amounts be changed to $1,800 per year, $150 per month, seconded by Mr Pepe, MOTION FAILED 2-4 with Councilmembers Cavarra, Donaldson, Flasco and Turner voting NO, Mr Flasco stating the amount was not enough due to increasing costs and Mrs Cavarra stating that she believed Council renumeration should be a "token salary" MOTION by Mr Flasco that "$2,520" per year and "$210" per month be filled in, seconded by Mr Donaldson, carried 4-2 with Mrs Cavarra and Mrs Turner voting NO MOTION by Mrs Turner that Ordinance No 354 be adopted on first reading and ordered pub- lished, that a Public Hearing be set for Monday, September 10, 1979, 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 November 12, 1979, seconded by Mrs Cavarra, carri ed 4-2 with Mr Lewman and Mrs Cavarra voting NO Item 6 Item 7 An Ordinance repealing Ordinance 256 and establishing the salary of the City Treasurer of the City of Wheat Ridge, Colorado, for the period beginning November 12, 1979 Ordinance was introduced by Mrs Turner with the suggestion that "$10,716 24" per year at "$893 02" per month be fi 11 ed in, numbered 355 and titl e read by the Clerk MOTION by Mrs Cavarra to set the salary-af $875 per month, $10,500 per year, seconded by Mr Pepe, carried 5-1 with Mrs Turner voting NO MOTION by Mrs Turner "I move that Ordinance No 355 be approved on first reading and ordered published, that a Public Hearing be set for Monday, September 10, 1979, at 7 30 pm, in City Council Chambers at 7500 W 29th Avenue, Municpal Building, Wheat Ridge, Colorado, and that the Ordinance, if approved on second readi ng, take effect November 12, 1979", seconded by Mr Pepe, carried 6-0 An Ordinance repealing Ordinance 257 and establishing the salary of the City Clerk of the City of Wheat Ridge, Colorado, for the period beginning November 12, 1979 Ordinance was introduced by Mrs Turner with the suggestion that "$13,788 80" per year and "$1,144 90" per month be filled in, numbered 356 and title read by the Clerk MOTION by Mrs Cavarra to set the monthly salary at $1,250 or $15,000 per year, seconded by Mr Lewman, failed 3-3 with Councilmembers Donaldson, Pepe and Turner voting NO MOTION by Mr Flasco that the salary be $1,200 per month, $14,400 per year, seconded by Mrs Cavarra, carried 4-2 with Councilmembers Donaldson and Pepe voting NO MOTION by Mrs Turner "I move that Ordi nance No 356 be passed on first reading and ordered published, that a Public Hearing be set for Monday, September 10, 1979, 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 readi ng, take effect November 12, 1979", seconded by Mr Pepe, carried 5-1 with Mr Donaldson voting NO Item 8 CITY COUNCIL MINUTES August 20, 1979 -4- Item 9 An Ordinance repealing Ordinance No 305, Series of 1978, pro- viding for new classifications, pay ranges and pay grades, pro- viding for implementation retroactive to July I, 1979, and further providing fee and special contractual rates Ordinance was introduced by Mr Lewman, numbered 357 and the title read by the Clerk AMENDED MOTION that Ordinance No 357 be adopted on first reading and ordered published, that a Public Hearing be set for Monday, September 10, 1979 at 7 30 P m in the City Council Chambers at 7500 West 29th Avenue, Municpal Building, Wheat Ridge, Colorado, and that the Ordinance, if approved, take effect 1 day after final publication with the provision "retroactive to July 1, 1979", that Section XV, Implementation and Effective Date of This Ordinance Paragraphs 1 and 2 be amended to read An employee whose present salary is below the recommended new minimum shall receive the new minimum Employees whose salary falls within the new recommended salary range shall receive their present salary, however, the salary shall not exceed the maximum of the new range Original Motion by Mr Lewman, seconded by Mrs Cavarra, Amending Motion by Mr Flasco, seconded by Mrs Turner, Amendment carried 4-2, with Mrs Cavarra and Mr Lewman voting NO, Motion as amended carried 6-0 DECISIONS, RESOLUTIONS AND MOTIONS Item 10 Motion to Remove from Table Approval of drainage improvements at West 26th and Gray Street in cooperation with City of Edgewater Estimated Wheat Ridge share $5,478, Account 31-302-800-833 MOTION by ~epe to remove Item 10 from the Table, seconded by Mr Lewman, carried 6-0 Bonnie Scoma, 2859 Gray, spoke about the drainage problem Mr Donaldson felt that this was an Edgewater problem MOTION byMr Donaldson "I move not to approve this expenditure", seconded by Mr Flasco, carried 4-2 with Mr Lewman and Mrs Turner voting NO MOTION by Mrs Turner that Wheat Ridge look into the source of the water coming down Gray Street and that Edgewater be requested to do the same regarding water going east on 29th Avenue, seconded by Mrs Cavarra, Motion FAILED 3-3 with Councilmembers Flasco, Donaldson and Pepe voting NO Item 11 Recommendations of Community Development Director regarding Fiscal Impact Study of the Industrial Area AMENDED MOTION that the Director of Community Development be authorized to contact the firm of Briscoe, Maphis, Murray & Lamont regarding the Fiscal Impact Study at a cost not to exceed $1,500, and request Staff to include in the input to City Council, information as to the compatibility of land use, transition, past input as to the same compatibility, petitions, recommendations of the Planning Commission at the time the original change was made, etc, ORIGINAL MOTION by Mrs Cavarra, seconded by Mr Lewman, AMENDMENT by Mrs Turner, seconded by Mr Flasco, AMENDMENT carried 6-0, MOTION AS AMENDED carried 6-0 Item 12 Resolution authorizing the appraisal and purchase of the Bolas property consisting of approximately 7 57 acres, located East of West 44th Avenue and Miller Street from Wheat Ridge's share of the Jefferson County Parks and Open Space Fund Resolution was introduced by Mr Lewman, numbered 660 and the title read by the Clerk MOTION by Mr Lewman for the adoption of Resolution 660, seconded by Mrs Cavarra, MOTION FAILED 2-4 with Councilmem~rs Dondaldson, Flasco, Pepe and Turner stating that there were other parks in the area and it would be preferred to buy smaller parks at other locations, MOTION by Mr Flasco that this matter be referred for amendments to the Comprehensi ve Pl an and Parks Pl an, seconded by Mr Lewman, carried 6-0 CITY COUNCIL MINUTES August 20, 1979 -5- Item 14 Award of Bid on janitorial services at Public Works Shops, Parks Offices, Anderson Building, and Ye Olde Firehouse and Berbert House (Excludeds Municipal Building) MOTION by Mr Lewman \I I move to award a one-year contract for janitorial services at Public Works and Parks and Recreation offices, located outside of City Hall to Antoine's Building Services, Inc , at a cost of $575 per month - this to be charged to Account No 01-307-704, and that there be a 30-day cancellation clause in the contract, seconded by Mr Flasco, carried 6-0 FAILED MOTION TO AMEND by Mr Flasco to have a 90-day trial period, seconded by Mr Donaldson, failed 3-3 with Councilmembers Cavarra, Pepe and Lewman voting NO Item 15 Moti on to correct the City Counci 1 ~1i nutes of June 4, 1979 and July 30, 1979 MOTION to correct by Mr Donaldson \I I move to correct the Mi nutes of June 4 and July 30, 1979 by adding (1) (6/4/79 - Item #3) Motion by Mr Lewman 'I move to award the bids for street im- provements and driveway adjustments to Brannon Sand and Gravel Company as follows Part I, Street Improvements, at a cost of $498 807 99, Part II, Driveway Adjustments, at a cost of $59,923 50 The total cost of parts I and II in the amount of $558,731 49 is to be charged to Account No 31-303-800-840 and a 10% Contingency in the amount of $55,873 00 is hereby author- ized to be charged to the same account' Seconded by Mr Donaldson, carried 5-0 (2) July 30,1979 Item #1) 3rd line from end, change the word 'limited' to 'limit to'''; seconded by Mr Lewman, carried 6-0 MAYOR'S MATTERS Item 16 Report of Mayor and City Engineer concerning 1979 Street Improvement Program - Inspections and status of work Mr Smith reported on the staffing difficulties in inspection of the Street Improvement Program MOTION by Mrs Cavarra that we authorize the hiring of one inspector through a consultant, at $22 per hour, and supplement with staff personnel, seconded by Mr Lewman, failed 2-4 with Councilmembers Donaldson, Flasco, Pepe and Turner voting NO COUNCILMEMBERS' MATTERS Mr Lewman stated (1) DRCOG is having a seminar on Cable TV Ordinances September 7th, (2) DRCOG also will have a seminar and educational matter for elected officials September 8th, (3) Jefferson County has applied to amend their Plans to include Crown Hill as a park Mrs Turner moved that two items be referred to the Planning Commission for consideration at their September 6 meeting (1) Ordinance Amendment which would require that matters of excavation and deposit control - where fill is placed illegally, it must be removed before a permit can be considered, (2) Comprehensive Plan Amendment - Agricultural be de- picted in light green be added to the Key of the future land use portion of the Comprehensive Plan Mrs Cavarra requested that an amendment to the sign code be included and that they come to City Council Meeting on September 10, seconded by Mrs Cavarra, carried 6-0 Mr Pepe requested that the timing of the light at 32nd and Chase be changed Mr Smith reported that the request had been made to the High- way Department and was supposed to have been completed yesterday to make the red-signal time, east and west on 32nd, shorter in length CITY COUNCIL MINUTES August 20, 1979 -6- COUNCIL COMMITTEES AND COMMISSION MATTERS Mr Lewman reported on the Street Committee Minutes (1) Request to align Field Street south of 44th with the present Field Street north of 44th, and that this should be accomplished prior to the opening of the swimming pool, (2) That 44th Avenue from Wadsworth to Youngfield be improved Janice Thompson, representing the 44th Street Committee, said that their recommendations had been (1) pedestrian paths on both sides of the right- of-way, separated from the street wherever possible, to be three feet from the edge of the right-of-way to allow for posts, mailboxes, etc , and the walkway be, if possible, eight feet wide, (2) The street be of a 3-lane design with the center-lane shared by east and west left turn traffic, (3) That the Field Street alignment be as mentioned above MOTION by Mrs Cavarra that the staff (City Administrator) prepare a rough draft proposal regarding 44th Avenue for the September 10th Agenda and that the Planning Commission's recommendations also be included at that time, seconded by Mr Donaldson, carried 5-1, Mr Flasco voting NO Mr Lewman continued with the Street Committee recommendations that a walkway on Garrison Street between 44th and 45th be placed with the same approach as previously discussed on 44th Avenue, and that 45th Place near Barkley Square be added to the 1979 Street Program MOTION by Mr Lewman that a Change Order, subject to approval of City Council, be prepared to add 45th Place, Vance to Wadsworth, to the 1979 Street Program, seconded by Mr Donaldson, carried 6-0 ADJOURNMENT Meeting adjourned at 12 40 a m APPROVED CFH, fg,chj, ~/F71?'1 , CI+