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HomeMy WebLinkAbout04/25/1974 MINUTES April 25, 1974 The two hundred and thirty-eighth regular meeting Ridge City Cnuncil was called to order at 7 30 p.m Paul B Abramson at 7390 West 38 Avenue. of the Wheat by Mayor Aldermen present were Mary Jo Cavarra, Joseph D8naldson, Robert H8ward, Calvin Hulsey, Larry Merkl and Louise Turner. Others present were Mayor Paul Abramson, City Administrator John Jerman, City Attorney William E. McCarthy, City Clerk Elise Brougham, staff and interested citizens Motion by Alderman Donaldson "I move that the Minutes be approved as printed and that the reading be dispensed with (Minutes of 4/18/74)." M8ti8n was seconded by Alderman Turner and tied 3-3. Aldermen Howard, Hulsey and Merkl voted "nay" and Mayor Abra~son voted "Aye" passing the M8ti8n 4-3 Moti,n by Alderman Merkl "I move for the approval of the Minutes of March 28, 1974 as typed and that the reading be dispensed with." Motion was seconded by Alderman Cavarra and passed 5-1 Alderman Howard voted "naJ." Public Comment was made by Ray Pepe of 3390 Teller who stated he disagreed with the "Gestapo type tactics" promoted by the City clean up program by allowing a neighbor to anonymously turn in another neighbor and stated he felt there were some Councilmen who needed to clean up their own yards first. Motion by Alderman Cavarra "I move that the following licenses for 3.2% package beer be approved, subject to approval by the City Attorney 1. Seven-Eleven Store #7 located at 9130 West 44 Avenue, 2 Safeway Store #332 located at 7525 West 44 Avenue, 3. Kipling Self Service located at 4075 Kipling Street." Motion was seconded by Alderman Turner and passed 6-0. Resolution No. 303 providing an appropriation adjustment in Public Works Account for construction of a new bridge on 44 Avenue over Clear Creek was introduced by Alderman Hulsey and read. Alderman Turner questioned the fact that there was sufficient funds in Account 431.3 since two weeks ago Council was told there was $93,000 00 in that account. MaycrAbramson stated he felt the City was still $75,000.00 short due to $65,000.00 needed to cover the rise in cost for asphalt and the now estimated $10,000.00 shortage in the general fund. It was stated that the City's matching share in this project is $125,000.00 plus $4,000 00 in easements and that there are two other costs engineering design plus supervisory cost during c,nstruction. M8tion by Alderman Merkl "I move for the adnption of Resolution No. 303" M8tion was seconded by Alderman Donaldson. Moti~n passed 6-0. Mr. Peterson of Ihlenfeldt-Peterson & Assoc. Inc. stated they had an agreement for the design phase of the 44 Avenue Bridge and that there is nominal deterioration on the existing bridge, and that the purpose for replacement is safety, and that there will be pedestrian walkways on each side, that there will be clearance under the bridge for access on the Greenbelt, the bridge will be 4 lanes with a 10 foot median, the bridge will be 72 feet and there is 100 foot ROW in that area. City Attornev McCarthy stated this will be a fixed price contract and if the contractor has an overrun they are to bring it at once to the City's attention and it is the contractor's burden to furnish this information. Work will stop if the increase is turned down, but there is provision for unforeseen additional expense. Mr. Peterson MINUTES - April 25, 1974 - Continued -2- in answer to a question from Alderman Howard asking if his contract (agreement) states that his firm will provide all engineering for the total sum of $18,060.00 for design of the bridge, stated "Yes" from the design phase to advertizing, that the City will pay reproduction costs etc., and that the firm will assist after the bid phase. The only exception would be if the bridge washed out or it had to be redesigned for some reason. Motion by Alderman Howard "I would move that the City Administrator and the Mayor be authorizied to enter into an agreement with Ihlenfeldt- Peterson & Assoc., Inc. for a sum not to exceed $18,060 00 for the design ~f a new structure at 44 Avenue and Clear Creek, in the amount and in acc~rdance uJith the provisions set forth in this agreement, with the amount to be charged to Account No. 431 24." Motion was seconded by Alderman Hulsey and passed 5-0 Special Sales Tax Proposed Increase was discussed. A report from city departments stating what capital improvement projects they felt were needed was distributed. It was stated that streets and drainage were the.m~st important projects, that perhaps a bond package should be lookedAw2th the revenue from an additional sales tax, that plans should be presented where the money goes, that it should be put to a vote of the people t~ let them decide, and that it can be on a pay as you go basis on the present funding available Rav Pepe ~f 3390 Teller stated that retired citizens should have rebate ~n sales tax, and food sh~uld be excluded, and property tax reduced. Ordinance No. 153 calling for the question of a ~ne percent sales tax increase ~as introduced by Alderman Merkl and read Motion bv Alderman Hulsey f~r the general election in Alderman Donaldson "I would like to amend Ordinance No. 153 November 1974." Motion was seconded by Mavor Abramson stated this would change the word "special" election and make it "general" and change the month of "June" to the month of "November " Q~estion was called on the Motion and passed 4-2. Aldermen Cavarra and Turner voted "nay." Motion by Alderman Howard "I move that Ordinance 1\10. 153 as amended be adopted on first reading and be ordered published and posted." Motion was seconded by Alderman Merkl and passed 4-2. Aldermen Cavarra and Turner voted "nay." Bids for Harlan Street paving and the parking lot at City Park were brought up. Motion by Alderman Merkl "I move that we approve the bids of Public Works Projects 74-A and 74-B the Harlan Street paving and paving of the new recreation bUilding and baseball field parking lots for a price not to exceed $29,506.10 awarded to Asphalt Paving Company." Motion was seconded by Alderman Hulsey, and added Account No. 452.15 and 431 3. City Administrator John Jerman stated the resolution providing for adequate money in Account 431 3 would have to be passed first. MOTION AND SECOI\ID WERE WITHDRAWN Res~luti~n No 304 pertaining to appropriations adjustment in Public W~rks acc~unts u'as introduced by Alderman Merkl and was read. Moti~n by Alderman Merkl "I m~ve we ad~pt Resolution No 304." Motion was sec~nded by Alderman Hulsey Mr}ticm by Alderman Cavarra "I move ule table Resolution No 304 until proper funding can be obtained." Motion was seconded by Alderman Donaldson. Motion WAS DEFEATED 4-2. Aldermen Turner, Howard, Hulsey and Merkl voted "nay." MINUTES - April 25, 1974 - Continued -3- Motion to adopt Resolution No. 304 was polled and passed 4-2. Aldermen Cavarra and Donaldson voted "nay." Motion by Alderman Merkl "I move that the City of Wheat Ridge approve bid tab PW-74-A and 74-B, the Harlan Street paving and the new recreation building and baseball parking lot paving projects, to come out of Account No. 431.3 for Harlan Street, and 452.15 for the parking lot, not tn exceed $29,505 10" Motion was seconded by Alderman Hulsey MOTION TIED 3-3 with Aldermen Donaldson, Turner and Cavarra voted "nay." Maynr Abramson voted "nay" and MOTION WAS DEFEATED Motion by Alderman Turner "I would move that the Harlan Street Project be approved from Account 431.3 at a cost not to exceed $12,975.16." Motion was seconded by Alderman Howard and passed 5-1. Alderman Cavarra voted "nay." Motion by Alderman Hulsey "I move that the parking lot be paved in the amount of $17,710.50 and be charged to Account 452.15." MOtion was seconded by Alderman Merkl and passed 4-2. Aldermen Cavarra and Turner voted "nay." No appointments were made to the Business and Industrial Relations Committee. Motion by Alderman Hulsey "I move for the appointment of Mr. Charles HeItz residing at 4736 Dudley to the Building Code Advisory Committee." Motion was seconded by Alderman Howard and passed 6-0. Ordinance No. 151 amending Ordinance No. 84 Building Code Ordinance was introduced by Alderman Donaldson on second reading, and the title was read. Motinn by Alderman Turner "I move that the balance of the reading of Ordinance No. 151 be dispensed with and that the Ordinance be approved on second reading and be ordered published and posted." Motion was seconded by Alderman Donaldson Chief Building Inspector Jack Prose stated that the amendment of Section 1-26 B. which added the word "where" subdivision regulations apply was ineffective, and urged Council to pass the Motion which was defeated pertaining to if the majority of property in the area has curb and gutter it is required, and if the majority does not have it, it is not required. Mavor Abramson stated the Aldermen allowed to bring up the Motion according to the Rules would be Mr. Hulsey, Mr. Howard and Mr. Merkl. City Attornev McCarthy stated that all land which has ever been subdivided (which pertains to almost all the land in the City) is under the current subdivision regulations, and that the Subdivision Regulations need to be amended. Motion by Alderman Turner "I would like to move that we table this one week for consideration of the amendment." Motion was seconded by Alderman Donaldson. MOTION TIED 3-3 with Aldermen Howard, Hulsey and Merkl voting "nay." Mayor Abramson voted "nay" and MOTION WAS DEFEATED. Motion by Alderman Cavarra "I move that Section 1-24,C be amended to delete 'single family residential areas', and add ~ll ReSidential-One (R-1), Residential-Two (R-2), Residential-One-A (R-1-A), Residential- One-B (R-1-B), and Residential-One-C (R-1-C) zoning categories'." Motion was seconded by Alderman Donaldson and passed 5-1. Alderman Howard voted "nay." Ml~UTES - April 25, 1974 - Continued -4- Mr. Dale Vermilvea of 5330 West 29 Avenue stated that he had bought a lot and was planning to build a house on it and is required to put in curb and gutter which will wash away because there is none other in the block, and stated that he would like this law changed. City Attornev McCarthv stated that only the Planning Commission has the power to change the Subdivision Regulations Nancv Snow of ~155 West 40 Avenue asked him about a specific case and he stated he did not know the details and would not answer at the time. Question was called on Motion to pass Ordinance No. 151 and passed 6-0. Motion by Alderman Merkl "I move we suspend the Rules calling for adjournment at 11 00 p.m. until the items on the Agenda are completed." Motion was seconded by Alderman Turner and passed 5-1. Alderman Howard voted "nay." Request by Mr. Joseph Murelli for change of ownership of Cugino's Italian Resta~rant Classe F Liquor License was brought up and no one was present to present the case, and it was rescheduled for May 9, 1974 by the following Motion. Motion by Alderman Turner "I move that Agenda Item 10.A. (Cugino's change of ownership) be continued for May 9, 1974 unless the applicant appeard before the end of the meeting." Motion was seconded by Alderman Merkl and passed 4-2. Aldermen Howard and Hulsey voted "nay." Rehearing Rezoninq Request for Case WZ-73-20 was brought up. Attorney Michael Villano was present as was Mr. Orville Lockhart. Attorney Villano stated that he was requesting that Parcels 2 and 3 be withdrawn. Parcel 3 is Mrs. Burwells property. He requested that the rezoning be for only Parcel I fiom Residential-One to Residential-One-A, and that the original request had each parcel separate. This would allow three bUilding sites on Parcel I. No one was present to speak on this proposal. Motion by Alderman Turner "I move for approval of the amended request for rezoning of Parcel 1 from Residential-One to Residential-One-A for the reason that it is proper use of the land on (Case WZ-73-2o) with said parcel having the following legal description Beginning at the northeast corner of the N~A N~A of Section 29, T3S, R59W of the 6th PM., thence S 00 29' E along the east line of the N~ NE~ of said Section 29 a distance of 215.60 feet to the center of West 38th Avenue (formerly known as Prospect Avenue), thence S 760 41' W along the center of West 38th Avenue a distance of 276.15 feet, said point being at the intersection of a north-south line through a concrete post at the north side of West 38th Avenue and through a second concrete post approximately 797 feet north of the first post, all as described in Book 673 at Page 300 of the Official Records of the County of Jefferson, State of Colorado, thence N 00 07.6' W along the line through said posts a distance of 539.36 feet, thence S 890 36.7' W parallel to the south line of the S~ of Section 20, T3S, R69W a distance of 306.35 feet to a point on the westerly line of that tract described in Book 475 at Page 523 of said County Records, thence S 00 05.5' E along the westerly line of that tract described in said Book 475 at Page 523 a distance of 290 feet to the true point of beginning, thence N 890 36.7' E a distance of 137.35 feet, thence S 00 05.5' E a distance of 288.28 feet to the center of West 38th Avenue, thence S 760 41' W along the center of West 38th Avenue a distance of 141.09 feet, thence N 00 05.5' W a distance of 319.85 feet to the true point of beginning." Motion was seconded by Alderman Merkl and passed 6-0. Mavor Abramson reported that May 1st was proclaimed as Law He also stated that Mr. Walter Rybkowski's moving expenses to executive Account 413.13 Other Charges and Services and that this should be out of the Planning Department Budget. agreed that this should be done. Day USA. were charged suggested Council MINUTES - April 25, 1974 - Continued -5- Motion by Alderman Turner: "I would move that Council authorize that a formal request be made for materials gathered during the clean u month to the Count to waive the fees for the city trucks and one additional loaned truck." 'otion was seconded by Alderman Donaldson and passed 6-0. Motion by Alderman Turner: "I move the City of Wheat Ridge particoipates in the Wheat Ridge Carnation Festival by sponsoring a city float which will be built on city time with city eqUipment." Motlon was seconded by Alderman Donaldson. Motion by Alderman Merkl "I move the amount of funding not exceed $200.00." THERE WAS NO SECOND AND MOTION DIED. Motion to Amend Motion by Alderman Turner: "I move that the funding be from Account 413.15." Motion was seconded by Alderman Howard and passed 5-1. Alderman Merkl voted "nay." Question was called on original amended Motion and passed 5-1. Alderman Merkl voted "nay." Citv Administrator John Jerman announced that a new Buyer had been selected w~o was Mr. Dave Singh, age 39 years, and who would begin work April 29, 1974. Mr. Jerman also stated that he had received a request from Mrs. Naomi K. Olson requesting funds (as a member of the Historical Committee) for display cabinets, sanding the floor and repairing thepmr condition of the Sod House at 4610 Robb. It was recommended that this be taken to the Park and Recreation Commission. Mr. Jerman stated that Empire Savings had advised him that the office used by City Attorney McCarthy would not be available to the City. Motion by Alderman Cavarra "I move ~ha~ we authorize the City Administrator to enter into negotiations for offic~~f8r the city attorney at Vantage Custom Homes Building at 3750 Vance ~reet." Motion was seconded by Alderman Donaldson and passed 6-0. Alderman Howard stated he was "~ppalled" by the appearance of the Council members drinking coffee and pop while the meeting was convened. Alderman Turner requested that Council receive Ordinances and Resolutions one week in advance before they are to be acted upon. Alderman Merkl agreed. Alderman Hulsev made a Motion "I move that Public Hearings be set ahead of possibly Item 7 on the Agenda." Motion was seconded by Alderman Cavarra. Alderman Turner suggested that decisions on previous hearings be scheduled before new Public Hearings. NO vote was called, and it was recommended by Mayor Abramson that a new Agenda should be drawn up. Motion by Alderman Cavarra: "I move that no further fill be allowed on the Blevins property due to the report from the Lena Gulch Study." Motion was seconded by Alderman Turner. City Attornev McCarthv suggested that this be studied further after the report on May 2, 1974. MOTION AND SECOND WERE WITHDRAWN. Motion by Alderman Cavarra "I move that in contemplation of drastic amendments to the Flood Plain Ordinance which will prohibit or severely restrict any and all bUilding in the Flood Plain or its fringes based upon the Lena Gulch Master Plan Report, Phase A, that effective this date, building permits in the Flood Plain or its fringes will not be issued except with specific approval by 3/4 vote of the Council." Motion was seconded by Alderman Turner and passed 4-2. Aldermen Howard and Merkl voted "nay." City Attornev McCarthv stated that this is not denying the use of the land to the owner, but is restricting the use. Citv Treasurer James Malone distributed his quarterly Budget and appropri- ations reports. He stated that the anticipated shortage of 10% is too high and he es~ted it w~uld be about 3% or less. Meetin~ was adjou~~~d at 12 00 a.m ~V~Ed APPROVED:'" ~' 7</ 'jf~{1 ~ se roug am, y er