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HomeMy WebLinkAbout10/03/1974 MINUTES Dc !;ober 3, 1974 The October Study Session was called to order 3t 5 15 p.m. by Mayor Homer Roesener at 4355 Field Street. Aldermen attending were Hulsey, Larry Merkl and absent. Joseph Donaldson, Robert Howa'd, Calvin Louise Turner. Alderman Mary Jo Cavarra was Others attending were City Administrator John Jerman, City Attorney William McCarthy, City Clerk Elise Brougham, staff and interested citizens. Mr. Thomas Waller, Intergovernmental Relations Coordinator from Regional Transportation District spake on the RTD program and the intra-city bus service requested by Council. He stated 1. A capital grant was submitted far funding far the following 120 new buses, acquisition of a new bus storage and maintenance facility, 100 new bus shelters, buying three privately owned bus companies, and ather related improvements. 2. The purchase of twelve new specially designed buses is planned. These buses will be for the elderly and handicapped an~ that all districts will have access an a subscription basis. 3. Their source of funding is federal, 1~ cent sales tax, and .5 mill levy. 4. The Wheat Ridge area will receive 2 medium sized coaches in the summer, and that if service is only within the city limits it confines the Service too much. Findings by the City Clerk on Petitio~ turned in at the City Clerk's Office regarding Rezoning Case WZ-74-18 were scheduled. The petitions called for the repeal of said ~esolutiort~ or to submit the same to a referendum vote of the qualified electors.fhe Cle~k stated 1 rhere was a total of 51 petitions with 47 passed by non-residents of the City and 4 passed by residents. The 4 petitions had a total of 87 agnatures, and the 47 petition had 1,721 signatures. 2. The number of signatures required by Statute is 689.25. 3. The City Attorney determined "It is my determination that this petition effort falls short of constitutional/statutory requirements." His opinion and the Clerk's findings Rre attached to the Minutes. 4. The City Clerk ruled the petitions invalid based an the City Attorney's opinion. The Appropriation Ad.iustment Resolution far 1974 General Fund was explained by Mr. Jerman and a memo was distributed giving the reason far every adjust- ment. Item 4. - Review of staff meetings held informally with the Home Builders Assoc. pertaining to improvement and simplification of subdivision and zoning procedures was deferred by the Mayor to the next study session. Item 5. - Presentation of data relating to proposed sales tax band issue and Item 6. - Discussion of revised Purchasing Manual were also deferred to the Study Session. REGULAR MEETING The regular meeting of the Wheat Ridge City Council (258th meeting) was called to order by Mayor Homer Roesener at 7 40 p.m. Those present were stated above. City Administrator John Jerman had been excused from the meeting, and Mr. Walter Grande, Budgel;/purchasing Officer served in his place. Alderman Mary Jo Cavarra arrived later. MaLian by Alderman furner "I move that the Minules of September 26, 1974 be approved as printed without reading, and I further move that the Minutes of August 29, 1974 be approved as originally distributed with one correction tha! on Page 10. in the las t sen I'ence "Ward I." be changed to 'Ward II." Motiorl was seconded by Alderman Donaldson and passed 3-2. Aldermen Howard and Hulsey voted "nay." MINUTES - October 3, 1974 - Continued -2- Public Comment was made by Charles Miller of 3765 HoyL stated he was "protesting a breach ~f faiLh by Council" regarding the improvement of the intersection of Hoyt Street and 38 Avenue. He stated it was his undersf;anding that Council approved the project in July, and he was not informed that there are now no funds available, until he inquired. It was stated that the Motion authorizing the project, only authorized the City to go out for bids. Alderman Turner suggested that a sign be placed there indicating a dangerous intersection. Resolution No. 342 adopting the 1975 Budget, appropriating monies, and establiShing a 4.8 mill levy was introduced by Alderman Merkl and W3S read. Motion by Alderman Donaldson "I move that Resolution No. 342 be adopted." Motion was seconded by Alderman Hulsey. Motion to Amend by Alderman Howard "I move that Item 3. of this Resolution (No. 342) be amended to establish a mill levy of 5.8 mills." Motion was seconded by Alderman Hulsey. Mr. Grande stated the increase would generat an additional $72,000.00. Alderman Turner stated she had some strong reservations about the Budget such as the request from the Jefferson County Community Center for the Retarded had not been included, she felt the city needs a mini-bus, the City should initiate a tax relief program for the elderly, there was nothing in the budget for drainage projects and such projects are dependent upon a bond issue which might fail, that the citizens ask the City to live within the budget, and that she felt Council needs another work session. Alderman Hulsey st~ated the mill levy increase would only be "a drop in the bucket" and that he felt it should go to a vote of the people such as t.he sales tax increase, and that the mill increase would only be for property owners and that a large amouni; of money is needed for all the projects. Bonnie Scoma of 2859 Gray recommended a sale~'lfncrease, and it would bring more revenue. Mr. Ben Chastain of 3250 Marshall stated that the R-1 School District and the County are planning to raise their mill levy. Mr. Grande stated October 15th is the deadline to certify a mill levy to the County Commissioners, and that approval of the Division of Local Governments for an increase is necessary. Motion by Alderman Turner "I move that the matter of the Budget Resolution (No. 342) and the increase in the mill levy be tabled until next week, and that a Study Session be held prior to that meeting solely for that purpose." Motion was seconded by Alderman Howard and passed 5-0. Resolution No. 343 ratifying the application of September 26, 1974 to the Colorado Water Conservation Boards for funding of the Flood Plain Maps being prepared by Wright-McLaughlin wa3 introduced by Alderman Turner and was read. ...;""t.c ..., t la. There was discussion on previous funding for studies, and Alderman Howard requested that the City Administrator prepare a list of all the consulting engineering studies the City has had done in the last 5 years. 1- Resolution No. 344 authorizing appropriation adjustments for various departmeni's in the 1974 General Fund was introduced by Alderman Merkl and was read in full (~'- ~"".I ,) t)r T!~r"" lv, , ;.- ,f '..,.,. .~-r" MINUTES - October J, 1974 - Continued -3- Motion by Alderman Turner "I move t.hat Resolution /\10. 344 be approved." Motion Wffi seconded by Alderman Merkl and passed 5-0. Alderman Cavarra was absen . Approval of a remodelin re uest for Venetian a name change to Big Daddy's was scheduled. attorney stated there wem minor changes, i.e. recarpeting and painting. Restaurant (which had Mr. wenel Dunevietz, enclosing the entryway, Motion by Alderman Turner "I move that Council approve the modification of Venetian, now known as Big Daddy's, located at 10051 West 1-70 Service Road." Motion was seconded by Alderman Merkl and passed 5-0. Walter Grande stated the City had received $10,585.45 from the State for the Conservation Trust Fund established by Resolution /\10. 318. Said fund was authorized by HB 1084 and stated that the funds shall be expended for acquisition, development, maintenance of /\IEW conservation sites and shall be spent within 5 years. /\Iew conservation sites are defined as interests in land and water, acquired after establishment of a Conservation Trust Fund for park or recreation purposes, all open space - flood plains, greenbelts, agricultural lands, or scenic areas, and for any scientific, historic, scenic, recreational, aesthetic or similar purpose. He stated that amount of money is based on population. Alderman Hulsey stated this money should be used for construction, because the open space funds from the county are limited to acquiring land only. The Status of the Budget through August 31, 1974 had been distributed and was briefly explained by Walter Grande. /\Iotification of the Cit 's assessed valuation from David R. Braden, County Assessor was given which was 75,032,120.00 for the ~r 1974. Mr. Grande stated +hat Mr. Dennis W had been appointed the new Director effective November 4, 1974. Zwaqerman of North Platte, /\Iebraska of Community Development to be Mr. Grande reported on a seminar he had attended on Emergency Preparedness. He stated the Colorado Disaster Emergency Act of 1973 requires cities to have a disaster agency and an emergency operation plan which is in process. He stated it is recommended for a city the size of Wheat Ridge to have a full-time coordinator. He stated that in the past the federal government would only pay for the condition that something was before the damage, but now, if there is a loss, it can be rebuilt according to the existing criteria rather than the existing condition, and that replacement and repair of rec~tion facilities is now available. He also stated that money from the May 5, 1973 flood should be coming within 90 to 120 days in the amount of $5,079.00. Mr. GTande stated that the Bicentenial rules and regulations had been received a few days ago, and that the Chief Elected Official is to appoint a Chairman and 10 to 15 members for a committee and the deadline is October 15, 1974. Interested persons are to turn their names into officials or the City Clerk's Office. Mr. Grande also stated that the chuckhole survey resulted in 228 reported by Mr. Sullivan. City Attorney McCarthy clarified his oplnlon on street paving, and stated there are two ways to pave unpaved streets which are appropriate and inappropriat.e and the appropriate way is by peQtioning of the residents and forming Special Improvement Districts. The other method provided is direcl assessment. He stat.ed this encompassed the following widening or resurfacing streets and alleys, curb and gutter, sidewalks and walkways, bridges. It was questioned by Council if the Fugitive Dust Bill could force a City to pave a street and if the City could pave streets for the "health and welfare" of the citizens et.c. Alderman Cavarra asked if the walkways in the budget are illegal, and City Attorney McCarthv stated "Yes" and that there should be a petition and establishment of an improvement district. MINUTES - Oct.ober 3, 1974 - Con Unued -4- Alderman Merkl suggested that perhaps a walkway could be made by striping the street appropriately, and asked if the City supplied the labor and the people supplied the materials street paving could be accomplished. City Attorney McCarthy stated public improvements must be done by contract. City Attorney McCarthy stated he had reviewed the deea and aasement from Public Service Co. which combined will convey to the City of Wheat Ridge ROW far roadway. He recommended their approval. The deed is from hipling 5000. Motion by Alderman Donaldson "I move that the grant of right of-way easement executed by Public Service Company of Colorado be accepted, and I furi'her move that the quit claim deed executed by hipling 5000 be accepted." Motion was seconded by Alderman Turner and passed 6-0. Alderman Cavarra stated tht at the DRCOG meeting she had just attended, the staff of DRCOG had given tentative approval to the amendment - the deletion of West 38 Avenue as a principal arterial, and that there was no need for any designation at the present time because the traffic was spread out equally. They also deleted the hipling Bypass Diagonal, but hipling is designated as limited access in its present alignment. Alderman Turner stated she had been told that the burm on the Cnors lakes was about to be removed, and that, if possible, it be a bird refuge. It was suggested she talk to the Parks and Recreation Dept. to pursue this. Mavor Roesener stated he was going to request that all chairman on commissions and committees forward a quarterly report to Council. The Planninq Commission's recommendations for Capital Improvement pri- orities for 1975 ware read. It was noted that priority was not given by the Commission for the walkway an West 32 Avenue. Motion by Alderman Merkl "I move we adjourn the Regular Meeting, and go into a Study Session after a break." Motion was seconded by Alderman Donaldson and passed 6-0. Meeting was adjourned at 10 02 p.m. STUDY SESSION Dennis Wigert of the Planning Department stated that HB 1041 requires the cities to designate areas of activity of state concern such as major intersections, mass transit, historical and flood plain. That in the bill, there are privision that if the city does not designate such areas, then the County must, and if the county doesn't then the State can. Mr. Bob Richman of the Aanning Department stated the areas he proposed were 1-70, Clear Creek for historical, Wadsworth for mass transit, and that the flood plain could be designated, but there are other sources of funding for it. He stated areas could be deleted later, not added. Designation would in future bring funding and control for those areas. Bonnie Scoma stated that HB 1034 is tied in with HB 1041 and that ~he authority of designation is given to the municipality. Council concurred that the following areas should be designated 1-70, 1-80 interchanges, hipling, Sheridan and Wadsworth, the flood plain along Clear Creek and Lena Gulch, RTD centers, and the Sod House and the Johnson Cabin. Dennis Wigert explained the procedure for revision of Ordinance No. 98. He stated he is the chairman of the Task Force which also includes Jack Prose and Glen Taylor, and that they are incorporating recommendations from the home builders, Council, departments, and the comprehensive hearings to formulate land use concepts, and that he is researching ttB methods of other entities. MINUTES - OcJober 3, 1974 - Continued -5- Alderman Turner s t,a+,ed she thought a member of j he Council should be on the Task Force and volunteered. Alderman Merkl stated a member of +he Planning Commission should be a member. Robert Schulhoff stated the Arborist Board wants to participate. It was determined that all citizen committees can participate if they are interested, and that progress Should not be halted if they are unable to attend. fhe Home Builders and the Chamber meetings would be separate. Mr. Wigert stated he would write a written report to Council on the Task Force's progress. ILems concerning appraisal policy, charges against the Council budget, and the Denver Urban Observatory payment were not considered. Meeting was adjourned at 11 30 p.m. ..&aT/0 Clerk APPROVED , ) .""{.,p</,~) II / \.; , , / e'L -:lJ I 'f PtL~ ,;:. :"dnute -. lictocer " ':'374 - Con tin UtEl CITY OF \Ii/HEAT RIDGE ~j'EMORANDUM To CITY COUNCIL From CITY CLERK Date October 2, 1974 Date /7 -{ My findings regarding petitions turned in at my office pertaining to Rezoning Case WZ-74-18, which was approved by the City Council at approximately 3 00 a.m. on August 30, 1974 (Said Council Meeting began on August 29, 1974), which requested that ~Th8 City Council reconsider and repeal entirely said resolution, or alternatively, to submit the same to a referendum vote of the qualified electors of the City of Wheat Ridge, State of Colorado~ are as follows 1. A spot check by myself of the signers of the petitions shows that they are residents of Wheat Ridge. 2. A total of 51 petitions were turned into the City Clerk's Office. Of these, 47 were circulated by non-residents of Wheat Ridge, and 4 were circulated by residents of Wheat Ridge. 3. There was a total of 1,721 signatures an the petitions passed by nan-residents, and 87 signatures an the petitions passed by residents of Wheat Ridge. There was a total of 1,808 signatures. 4. According to C.R.S., 1963, as amended, Sections 70-1-15 and 70-1-17, the number of signatures required is 15% of the votes cast for all candidates for mayor. 5. In the regular Municipal Election held an November 6, 1973, the total number of votes cast for all the candidates for Mayor was 4,595. Fifteen percent of that number is 689.25. 6. The legal opinion of the City Attorney is attached (Please turn to that page.) 7. I, therefore, Elise Brougham, City Clerk of the City of Wheat Ridge declare the petitions to be INVALID based upon the determinations of the City Attorney William E. Mc Carthy. PA",-- '7. ~ .iinute ~ Lctoter Elise Brougham, City Clerk 1 October 1974 'J7L, - Continued Page Two Consequently, the remalnlng "valid" petitions carrying but eighty-S~ signatures d~ present the required percentage. I have/3tta~Y1e draft/bf ap?fesolution implementing this opinion. ,/' ! WEM/kkw I I I I / I I 1 I j i i i ! cc John A. ~erman, City Aqministrator Attachmen,J \