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HomeMy WebLinkAbout04/11/1974 MINUTES April 11, 1974 The two hundred and thirty-sixth regular meeting of the Wheat Ridge City Council was called to order by Mayor Paul B. Abramson at 7 30 P m at 7390 West 38 Avenue Aldermen attending were Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Also attending were Mayor Paul Abramson, City Administrator John Jerman, City Attorney William E McCarthy, City Clerk Elise Brougham, staff and interested citizens. Motion by Alderman Turner "I move that the Minutes not be read (4/4/74) and that they be adopted as printed" Motion was seconded by Alderman Donaldson. Vote tied 3-3 with Aldermen Howard, Hulsey and Merkl voting "nay." Mayor Abramson broke the tie by voting "Aye" and Motion passed 4-3 Public Comment was made by the following John Hardawav of 3590 Moore Street, member of the Mess Transit Committee who urged the City Council to act on the proposed bus routes which had been presented April 4, 1974 by May 15, 197480 that there would funding available. It was determined that this would be discussed on the Mav 2, 1974 Study Session. Rose Franklin of 3057 Ames, member of the Operation Clean SL1eep Committee thanked the press for their coverage and the City for its cooperation on the clean up campaign. She asked about the procedure about junk cars, that each Alderman name one or t'dO people out of their Wards to assist in the campaign, and asked if the City trucks would be available one day in May to pick up debris and rubbish etc MAYOR Abramson stated "they would have the trucks when they are ready." Alderman Howard stated that he had an appointment to the RTD Committee (Citizen Action Committee) Mr. Gene Harlow of 4660 Estes Street Mavor Ridge to Mr Paul Abramson presented Resolution No 287 commending Wheat National Bank for its donation of scoreboards to the City Kent Landmark, Bank President who thanked the City Resolution No. 301 forming an Operation Clean Sweep Citizens' Committee was introduced by Alderman Donaldson and was read. Motion by Alderman Merkl "I move that Resolution No. 301 be adopted " Motion was seconded by Alderman Turner and passed 6-0 The following appointments were made to the Police Advisorv Board 1 By Alderman Turner - Mr. Harvey Kolesar of 3737 Garland. 2. By Alderman Howard - Mrs Kay Ore of 10565 West 46 Avenue 3 By Mayor Abramson - Mr Homer Roesener of 2955 Quay. 4 By Chief Pinson - Mr James O'Brian of 9020 West 45 Avenue. All appointments L1ere unanimously appro\lD and one more appointment from ward I. needs to be made Joint funding with Lakewood for reSUrfacing on West 32 Avenue and from Youngfield to Kipling and construction of pathways from Youngfield to Holland was brought up Motion by Alderman Cavarra who stated that she would like to see these items considered as separate issues and stated "I'd like to move that the 44 Avenue project be deleted from the capital improvements plan unless federal highway funds are granted, and that those funds that were budgeted be used in this manner 1 To subsidize the inflationary increases to the Public Works Project. 2 $30,000 00 be budgeted for construction of sidewalk-bicycle path between Youngfield and wheat Ridge High School MINUTES - April 11, 1974 - Continued -2- 3 $12,000 00 be used to fund the Harlan Street Project" Motion was seconded by Alderman Turner Discussion follrwed That if federal funds were granted for 44 Avenue, in all probability it w~uld be out of 1975 funding, Mayor Abramson stated the budget deficit was from $50-100,000.00 extra, and that the inflationary rise in the cost of asphalt was between $50-50,000.00 Alderman Hulsey stated he was not against walk- ways, but that 44 Avenue had been a first priority and that there should be plaining on the walkways and that they "should go through the same way as any other capital project " Motion by Alderman Merkl "I'd like to amend the Motion to do away with the West 44 Avenue project" THERE wAS NO SECOND AND MOTION DIED Question was called on original Motion and tied 3-3 Aldermen Hulsey, Donaldson and Howard voted "nay." ;v]ayor Abramson stated he would not break tie because he felt this would not take care of the deficit and that more projects need to be ~rapped. MOTION DIED The joint resurfacing project on West 32 Avenue with the City of Lakewood was brought up City Administrator John Jerman stated that Lakewood needed a reply by ~a~t1st, and that perhaps a decision could be post- poned until the nexfAw,~R he would have a budgetary report on the first quarter to see the direction the budget is taking more clearly. Motion by Alderman Howard "I would move that this be continued to our Study Session on the first Thursday in May" Motion was seconded by Alderman Donaldson Mayor Abramson stated that he assumed the intent of Council if this Motion passed was that they did not plan to cooperate with Lakewood on resurfacing of 32nd. Mr. Jerman pointed out that if this project was agreed upon, the money could be budgeted out of the 1975 Budget. Council was polled and Motion passed 4-2. Aldermen Cavarra and Turner voted "nay " Motion by Alderman Donaldson "I move that the City adopt a policy rohibiting the refundin of zonin a lication fees ($100) and Board of Adjustment variance fees 25 if staff work on such applications has commenced." Motion was seconded by Alderman Merkl and passed 6-0 Motion by Alderman Turner "I move that paper weight momentoes designed with the City emblem be distributed by the Mayor in appreciation to all past and present citizen comm~~tee members and commission members, and others making contribution to b~nefit of the community, together with a sLitable letter of acknowledgement for services rendered to the City." Motion was seconded by Alderman Donaldson. Motion by Alderman Hulsey "I move we amend the Motion back to its original form (Deleting the phrase 'and others making contribution to the benefit of the community') " Motion was seconded by Alderman Donaldson and passed 5-1 Alderman Turner voted "nay." Question was called on Original amended Motion and passed 5-0 Dinner policy for citizen Committees and Boards was brought up. Motion by Alderman Howard "I move that each committee or commission that meets on a regular basis be allowed one annual dinner a year individually with spouses included at City expense." Motion was seconded by Alderman Hulsey and an amendment followed. Motion to amend by Alderman Turner "I would like to amend that Moti~n to include those Commissions that have all day meetings that they be allowed to have lunch at city expense" Mayor Abramson recommended that this be taken as a separate Motion and Alderman Turner agreed MINUTES - April 11, 1974 - Continued -3- City Administrator John Jerman recommended that this be called an Annual appreciation Dinner and Alderman Howard agreed. Question was called on the Motion made by Alderman Howard and passed 6-0 Motion by Alderman Turner "I move that commissioT13 that have all day meetings be allowed to have lunch at city expense." Motion was seconded by Alderman Hulsey and passed 5-0 Preliminary Consideration of a new application for Clase J1, 3.2% package beer license for Wheat Ridqe KWIK Stop was presented by Attorney Ben Loye. Motion by Alderman Howard "I move the Public Hearing for a Class J1, 3 2% package beer license for Wheat Ridge KWIK Stop located at 10390 West 38 Avenue be set for May 30, 1974 and that a neighborhood boundary of one mile radius be set." Motion was seconded by Alderman Donaldson and passed 6-0. Ordinance No. 151 amending Building Code Ordinance No 84 was intro- duced by Alderman Merkl and was read. Motion by Alderman Turner "I move that the (permit) fees not be raised and that the amending Ordinance reflect the old fee schedule of Ordinance No. 84." Motion was seconded by Alderman Hulsey and WAS DEFEATED BY A VOTE OF 4-2. Aldermen Donaldson, Howard, Merkl and Cavarra voted "nay." Motion by Alderman Cavarra "I move that so much of proposed Ordinance No 151, Series of 1974, which provides for an amendment to Article IV, PERMITS, Ordinance No. B4, be amended as follows Subparagraph C, Application, Section 1-24, be celeted in its entirety and the following substitUEd therefor To obtain a permit, the applicant shall first file an application in writing on a form fUrnished by the Building Department and such application shall include all information and re- flect such qualifications as may be required. The application, for a main bUilding or an addition that exceeds fifty percent (50%) of the present gross floor area, except as pertains to single-family residential areas, will be accompanied by a development plan, including, but not limited to, landscaping, drainage, traffic flow, parking, and park and street dedication. Building permits will not be issued unless such development plan has received the approval, subject to additional engineering requirements by Public Wnrks, of the Planning Department." Motion was seconded by Alderman Turner and passed 6-0. Motion by Alderman Cavarra "I move that So much of proposed Ordinance No. 151, Series of 1974, which provides for an amendment to Article IV, PERMITS, Ordinance Nn 84, be amended as follnws Subparagraph B, Subdivisinn Regulatinns Apply, Section 1-26, be deleted in its enthety a~d the fnllnwing substituted therefor Prior to the issuance of a Certificate nf Occupancy for new cnnstruction of a dwelling or main building, subdivision regulations, as adopted~ the Planning Commission, existing at the time the building permit was issued shall be complied with by the Subdivider or his assigns This shall include the proper installation of curb, gutter and sidewalk in compliance with the adopted standards, installation of streets adjacent to the building site as required by the regUlations, installation of proper fire hydrants to meet the standards, adopted, proper connection to public water and sewer facilities as required by the regulations, and completion of a drainage plan and required drainage structures as required by the subdivision regulations, provided, however, thar in a single-family residential area (subdivision of record) which is already sixty percent developed, the installation of curb, gutter and sidewalk Shall be required if the majority of the existing development has such improvements, and shall not be required if the majority of the existing development does not have such improvements. Any installation of curb, gutter and sidewalk MINUTES - April 11, 1974 - C~ntinued -4- shall be im compliance with adopted standards" Motion was seconded by Alderman Turner. Vote tied 3-3 with Aldermen Hulsey, Merkl and Howard voted "nay." Mayor cannot vote on an Ordinance So amending Motion DIED Motion by Alderman TUrner "I move that so much of proposed Ordinance No. 151, Series of 1974, which provides for an amendment to Article V, BUILDING CODE, Ordinance No. 84 be a~ended as follows Section 1-29 Uniform Building Code - Adoption by Reference Add a new sentence, Chapter 70, Excavation and Grading, delete all refer- ence to Building Official and substitute Public Works Director. Table No. 70-B-Grading Permit Fees, delete the entire Table and substitute the following 50 cubic yards or less . .. ... .. $10.00 51 to 100 cubic yards.... ... ....$15.00 101 to 1000 cubic yards... . . .... $15.00 for the first 100 cubic yards, plus $5.00 for each additional 100 cubic yards or fraction thereof. 1001 to 10,000 cubic yards.. ... ...$60.00 for the first 1,000 cubic yards, plus $4.45 for each additional 1,000 cubic yards or fraction thereof. 10,000 cubic yards and over.. .. ....$100.00." Motion was seconded by Alderman Cavarra and passed 6-0. Motion by Alderman TUrner "I move that Ordinance No. 151 be amended t~ amend Ordinance No. 84 Section 1-26,B - delete ~ubdivision Regulations Apply' and insert 'Where Subdivisirm Regulalions Apply.'" Motion was secJnded by Alderman Donaldson and passed 5-0. MJti~n by AldeTman DJnaldson "I move that So much of proposed Ordinance No. 151, Series of 1974, which provides for an amendment to Article IV, PERMITS, Ordinance ~o. 84, be amended as follows Paragraph A, General Section 1-24, undeT EXCEPTION - add a new sentence, School Districts shall nnt be required to obtain a permit to erect, construct, enlarge, remodel, alter, repair or improve any school buildings they may have jurisdiction over." Motion was seconded by Alderman Turner and passed 6-0. Motion by Alderman Hulsey. "I move we table Ordinance No. 151 for two weeks for input from citizens and citizen's committees and to allow time for news articles." Motion was seconded by Alderman Howard and passed 6-0. It was clarified that on April 25, 1974 the hearing would be continued and that there could be fUrther amendments. Ordinance No. 152 anneXing Duaine Richter's property to the City of Wheat Ridge (Annexation No.5) was introduced by Alderman Turner and read. Motion by Alderman Merkl "I move we adopt Ordinance No. 152 on first reading and order it published and post~d." Motion was seconded by Alderman Turner It was noted there were no citizens in opposition present. Motion passed 6-0. Public Hearing for a Class E, drug store package liquor license for Tulev Drug to be named Addington Merit Pharmacy at 38 Avenue and Wadsworth was held. The City survey results were presented by Mrs. Mary Sullivan of 3420 Harlan w~ich showed 60 signed for the issuance, 24 against, 17 had n~ npini~n and 10 refused to sign. The report was submitted into the file Attorney Michael Villano represented the applicants who were present and called the following to testify 1 Mr. Gerald Johnson of 13574 W Virginia who had passed petitions for the license. 2. Mr Paul CJnwaif of 30 S. Pearl who was also a petitioner. 3. Mrs. Marilyn Arp of 3885 Ammons who was a store employee and had had a petition in her possession at the store. MINUTES - April 11, 1974 - Cortinued -5- 4. Mr. Larry Addington owner and pharmacist. 5. Mr Roy Woodman of 4090 Everett resident of Wheat Ridge expressing his desire for the license. 6. Mr. Delbert S Greenwood of 7395 West 32 Avenue stating there was a need in the neighborhood for a license of this type. Mr Villan~ turned in all petitions as exhibits and also a map showing the outlets location and one other similar outlet within the mile, and only one other liquor store within the mile. There was no opposition indicated in the audience. The complete hearing is rec~rded on city tapes. M'Iti'1n by Alderman Merkl "I move that we give approval for the liquor license f~r Tuley Drug to be named Addington Merit Pharmacy." Motion was sec'lnded by Alderman Donaldson. Alderman Howard stated he felt he was not prepared to vote on the matter tonight. Mavor Abramson stated the rules said a member of Council can only be excused from voting upon unanimous consent from Council Motion by Alderman Hulsey voting until next week." passed 5-0 "I move that Mr. Howard be exempt from Motion was seconded by Alderman Turner and Question was called on Motion to approve the license and passed 5-0. Alderman Howard abstained Rehearinq on Rezoning Case WZ-73-20 by Orville M. Lockhart and Muriel Burwell to rezone property at 12365 and 12201 West 38 Avenue from Residential-One to Residential-One-A came up. City Attornev McCarthy ruled that the two new Aldermen who were not on the Council at the time of the original hearing can familiarize themselves with the transcript of the hearing prepared and then would be eligible to vote. Attornev Robert E. Johnson stated that he was filing a formal protest for his clients Grant W. Cobb and Francis S. Mancini heirs of the estate of Walter F. and Julie Ann Cobb, and that their property abuts on the eastern side immediately adjacent to the Lockhart property and that they are protesting the rezoning request. City Attorney McCarthv ruled that the 3/4 majority vote rule did apply. Attornev Michael Villano representing Mr. and Mrs Lockhart stated he was not prepared f~r a protest tonight and asked that the case be c'lntinued Motion by Alderman Donaldson case for two weeks until April Alderman Howard and passed 6-0 "I move that we continue this rehearing 25, 1974" Motion was seconded by City Administrator John Jerman brought the following report 1 Consideration of approval to apply for Police Burglary Tactical Unit Funds (LEAA Funds.) He stated that the current application should be renewed for 3 months for $5,500.00 cost to the City and $31,338.00 federal funding, and then to reapply for 15 months from October 1, 1974 through December 31, 1975 which will coincide with the City's BUdget Calendar Year at a City cost of $42,801.00 and federal funding estimated at $174,987.00. He stated that there had been in Wheat Ridge a 35% reduction in reSidential burblaries. Motion BY Alderman Howard "I move this item be placed on the May 2nd Study Session." THERE WAS NO SECOND AND MOTION DIED. MINUTES - April 11, 1974 -5- In answer to a question, Chief Pinson stated the terms under the new application would be: 1976 60% Federal 40% City, 1977 25% federal, 75% City, and in 1978 the City would have the full funding responsibility, and that the original program had been for 3 years Motion by Alderman Merkl "I move that the Chief of Police be authorized to apply for the LEAA funds for the Burglary Tactical Unit for the 3 month extension." Motion was seconded by Alderman Donaldson and passed 5-0. Motion by Alderman Cavarra. "I move that the City Administrator and the Chief of Police be authorized to submit an application to the Region III, Criminal Justice Planning Council for a fifteen month grant for the second phase Burglary Tactical Unit covering the period of 10-1-74 to 1/1/76 at an estimated cost of $174,987 00 in LEAA funds, and $42,801.00 in city matching funds to be budgeted in 1975." Motion was seconded by Alderman Merkl, and passed 5-0. Motion by Alderman Hulsey I move we adjourn." Motion was seconded by Alderman Howard and passed 5-1 Aldermen Merkl voted "nay." The remaining items on the Agenda are to be scheduled for the following week. Meeting was adj~urned at 11:00 p.m. '1 --) != I ' J:: )" /' / '! ~;~ ':;'~~g;~~Li_ yLd" l . City Clerk APPROVED ~ I "Ie::; L/ LI// /7~1/ , i