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HomeMy WebLinkAbout11/14/1974 MINUTES November 14, 1974 The ~wo hundred and sixty-fourth regular meeting of the Wheat Ridge City Council was called to order at 7 30 p.m. by Mayor Homer L. Roesener at 4355 Field Street. Aldermen attending were Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Also attending were City Administrator John Jerman, City Attorney William McCarthy, City Clerk Elise Brougham, City Treasurer James Malone, staff and interested citizens. Motion by Alderman Turner "I move that the Minutes of the previous meeting (11/7/74) be approved as written and that they not be read." Motion was seconded by Alderman Merkl and passed 4-2. Aldermen Howard and Hulsey voted "nay." Public Hearing for an application for a Class G 3-way liquor license for Fereidoun Pourdad dba Mon Petit at 7000 West 38 Avenue was held. Court Reporter Ruth Carsh was present and recorded the proceedings. Linda Mever of 5027 Yarrow Lane gave the investigation of the neighborhood for the City. She stated that out of 100 people contacted - 46 were for the issuance of the license, 37 were against the issuance and 17 signed that they didn't care. Conrad Gardner, attorney represented the applicant Fereidoun Pour dad who was also present It was stated that this was a purchase contract contingent upon approval of the liquor license, the seating capacity would be for 50 to 50. Mr. Pourdad stated he had circulated petitions with 117 signatures in favor of issuance of the license and 2 did not sign. He stated the building at the rear is vacant and he pans to live in it. Speakinq in Opposition John B. Brown of 7005 West 37 Avenue stated the property was not properly posted, the traffic congestion would be increased, and there would be noise. Ms. Inez Dorsey of 5g9o West 38 Avenue stated that no one had contacted here with petitions, that the neighbors are against it, there are enough liquor outlets, the sign was not readable from the street, and it is too close to the school. A show of hands was requested of people in favor of the license which was 15 to 19, and the number against was 10. Three of those in favor were in the liquor business. Motion by Alderman Cavarra "I move that the application for a new Class G 3-way liquor license for Fereidoun Pourdad dba Mon Petit, 7000 West 38 Avenue be approved. Said license to be for the year of 1975 and issued upon issuance of certificate of occupancy by the Wheat Ridge Community Development Department. Said license is to be granted for the following reasons The surounding area is zoned commercial, the residence to the rear would serve as a buffer, and the City Survey showed 45% in favor, 37% opposed and 17% didn't care making the majIDrity in favor or those that lid not care." Motion was seconded by Alderman Hulsey. Alderman Howard stated he would vote against the license because there was failure to show that the needs of the neighborhood had not been met by the existing outlets. Alderman Turner stated she agreed and also stated the immediate neighbors had not been contacted. Ques~ion was called and Motion tied 3-3. Aldermen Donaldson, Howard and Turner voted "nay." Mayor Roesener voted "aye" and Motion passed 4-3. MINUTES - November 14, 1974 - Continued -2- Case MS-74-03 a Minor Subdivision located at approximately 409 feet west of Ward Road and 550 feet west, of Ward Road between West 35 Avenue and West 38 Avenue, by Applicant Jane Porter who had power of attorney was scheduled. Dennis Zwaqerman, Community Development D~rector st~ted thiS,is a request for a variance to the Subdivision Regulatlons and clted Sectlon 7,A unEr unusual conditions. Discussion followed. City Attorney McCarthy concurred that City Council may do this, but noted he did not have a legal opinion written on this. Motion by Alderman Turner "I move that Council have a 5 minute Executive Sessi~n to discuss this matter." Motion was seconded by Alderman Howard and passed 4-2. Aldermen Merkl and Cavarra voted "nay." After the Executive Session, the Chair ruled that Case MS-74-03 is to be tabled pending further review of the City Attorney who shall submit a written opinion on whether this is a variance or Minor Subdivision, to be heard on December 12, 1974. DP-74-02 Dumping Permit at 4801 Tabor Street was scheduled for hearing. The Applicant was Bob Vermillion. Dennis Zwagerman, Director of Community Development gave the location of the permit and had an aerial photograph of the area which was outlined. He stated this was to fill in an excavated gravel pit and the approximate area was 14.5 acres. He stated 1. The area has received fill from City operations in the past. 2. The necessary drainage facilities as suggested by Commercial Testing Laboratories is being planned for. 3. The fill will permit other more advantageous use of the site. 4. Ralph E. Johnson, City Engineer and the Planning Commission had approved with conditions regarding the size of debris and concrete in the fill, and the Planning Department had approved subject to the following conditions a. All r~irements as delineated in the Commercial Testing Laboratories Report of 9/18/70 be followed. b. No trash being deposited. c. No fibrous and/or woody material being deposited. d. No concete larger than 1 foot by 3 feet being deposited. The Applicant, Bob Vermillion of 818 Logan stated that the fill would result in bringing the property to a better use, and that they would allow 2 dumpers the City of Wheat Ridge and Columbine Glass. The land had been mined to the shale, and the fill would raise it above the water table. He requested that city equipment could go in and periodically level off the area. Alderman Howard questioned what would be dumped in t.he area. Mr. Vermillion stated they wanted good material and large concrete could be allowed. Mr. Vermillion stated that the Planning Dept. had ~ised him to get the permit for dumping instead of the parties who will be dumping. Alderman Howard stated the City should not level land on private pRperty. Alderman Turner stated there Should be a restriction t.hat. the land be leveled at regular int.ervals al: the expense of the applicant, and that the permit be renewed at annual intervals. Alderman Cavarra questioned t.he possibility of contamination of the salt that is dumped by the City from street sweepings. It was stated there is a 8' ditch around the area for drainage which circumvents the fill. Motion by Alderman Turner "I move that DP-74-02 a request by Mr. Vermillion be approved for 1 year subject to the requirement placed by the Planning Commission, Testing Laboratory and the City Engineer, and subject to the further requirement that the materials dumped be bladed over suffi- ciently often to prevent unsightliness." Motion was seconded by Alderman Howard and passed 5-0. MINUTES - November 14, 1974 - Continued -3- Resolution No. 352 rescinding Resolution No. 5 and establishing regulations far 3.2 beer license applications and establishing an investigation fee of $150.00 was introduced by Alderman Turner and was read. Motion by Alderman Turner "I move that Resolution No. 352 be adopted." Motion was seconded by Alderman Cavarra and passed 5-0. Motion by Alderman Merkl "I move that Item 8.B. Resolution adopting the Purchasing Manual be deferred an the Agenda until we have completed the liquor hearings through Item M." Motion was seconded by Alderman Turner and passed 5-0. Motion by Alderman Turner "I move that the renewal of the following licenses be approved Addington Merit Pharmacy at 3810 Wadsworth Blvd., Class E drug store package liquor. J & E Corp. dba Jenny's Pizzeriz at 5995 West 38 Avenue, Class G 3-way liquor license. Ronald J. Hood dba Rockette Bar at 10005 West 44 Avenue, Class G 3-way liquor license. 2525 Kipling Corp. dba Paramount Lanes at 2525 Kipling, Class G 3-way liquor license. Jim P. Mola dba Village Inn Pancake House at 4700 Kipling, Class G 3-way liquor license. Wadsworth Drug Inc. at 7397 West 44 Avenue, Class E package liquor, drug store license. Wendel Enterprises Inc. dba House of Lords at 4111 Kipling, Class G 3-way liquor license. Wheat Ridge Liquors Co. at 5808 West 38 Avenue, Class D, package liquor license." Motion was seconded by Alderman lliJarra and passed 5-0. Preliminary consideration for a new Class E drug store package liquor license for Sarad Drug Inc. at 10125 West 37 Avenue was scheduled. Mr. George Graver, attorney for the applicant was present. Motion by Alderman Hulsey "I move that the neighborhood be a one mile radius, subject to change in accordance to evidence presented at the Public Hearing, and that the date for Public Hearing on the liquor license for Sarad Drug Inc., 10125 West 37 Avenue be set for December 19, 1974." Motion was seconded by Alderman Donaldson and passed 6-0. Class G 3-way liquor license for Caravan West at 11221 West 44 Avenue was scheduled for renewal. The Police Department had sent reports of incidences that had occurred. Mr. Dale Long, president of the corporation was present. Motion by Alderman Turner "I move that the license (Class G 3~way liquor) for Caravan West be renewed." Motion was seconded by Alderman Hulsey and passed 4-2. Aldermen Howard and Donaldson voted "nay." Renewal of Class G 3-wav liquor license and change of corporate officers for Country Broker Inc. at 10151 West 26 Avenue was scheduled. The following citizens who lived close to the Country Broker in an apartment house complained of the trash behind the establishment, the smell of the trash, the noise that the employees made after 2 a.m. when leaving, and the noise made by the customers. They recommended that possibly the back door could be closed, that the employees park farther away, and that an off-duty policeman be hired. In answer to questicrs they stated they had called the police and reported the trash, and the problem had been alleviated temporarily. The citizens are C.J. Mitchell of 2584 Paramount Parkway, Mrs. H.G. Thaer of 2584 Paramount Parkway, Mr. John Hayden of 17 Morningside Drive who was owner of the apartment building. MINUTES - November 14, 1974 - Continued -4- The Police Report indicated that there had been police activity at the establishment during the year 1974. Mr. Fred Borra of 477 Eugene Court, owner of the Country Broker responded to the complaints by stating The Fire Code would not allow him to close off the back door, cans of beer are in the trash and he does not sell cans, the trash trucks sweeze the trash making it liquid, he was told it was against the Code to put in a drain, that he has tried to hire off-duty policemen and that Wheat Ridge Police won't perform this service and that the manager or himself are always there. He suggested he could put up "No Parking" signs and could build a fence aroung the trash receptacles. He stated he had hired private police to keep cars off the parking in the front of the other businesses in the shopping center. Mr. Bill Chisum owner of Woods Super Market at 10019 West 25 Avenue stated that all the businessmen contribute to the cleaning. Alderman Howard stated the issue at hand was the change of corporate officers. Mr. Borra stated the new corporate officer is his wife, Carole Borra who stated she had never been convicted of a felony. Alderman Cavarra recommended that Mr. Borra discuss the problems brought up with Mr. Hayden, and Mr. Borra agreed to this. Motion by Alderman Merkl "I move that the application for renewal and change of corporate officer for the Class G 3-way liquor license of the Country Broker Inc. at 10151 West 25 Avenue be approved." Motion was seconded by Alderman Howard and passed 5-0. Motion by Alderman Hulsey "I move that Item 9.D. be next on the Agenda." Motion was seconded by Alderman Howard and passed 5-0. The Item was an Ordinance for lease and purchase of public parklands with Brannan Sand and Gravel. Ordinance No. 151 authorizing a short term lease and subsequent purchase of land for public park purposes between West 44 Avenue to the north and Clear Creek to the south, east of the itnersection fo Robb Street and West 44 Avenue was introduced by Alderman Donaldson and was read. Alderman Howard questioned the wording of the emergency clause, stating there was no section stating that 3/4 majority vote was required. Motion by Alderman Cavarra "I move that Ordinance No. 1E1 as introduced by Alderman Donaldson be adopted on first reading and be ordered published and posted.'1 Motion was seconded by Alderman Hulsey and passed 5-1. Alderman Howard voted "nay." Attorney Maurice Fox for Brannan Sand and Gravel requested that the green packets that had been distributed be turned so he could pick them up so that typographical errors could be corrected. He stated that signatures are required, when in final form, on the contract, linen, lease with Brannan and City, and lease with Coors and City and that the leases are to be recorded. Motion by Alderman Howard "I move we adjourn." Motion was seconded by Alderman Donaldson and WAS DEFEATED 4-2. Aldermen Hulsey, Merkl, Turner and Cavarra voted "nay." Alderman Merkl requested that the important items which concern the City'S function be picked out for action this evening. Mr. Jerman stated Item 9.A, 9.B., 9.C. and 10B 3. and the Executive Session should be discussed. MINUTES - November 14, 1974 - Continued -5- Ordinance No. 162 (Item 9.A.) setting the City Clerk's salary from January 1, 1975 ~hrough the end of the term was introduced by Alderman Merkl and was read. Motion by Alderman Turner "I move tha~ Ordinance No. on first reading and be ordered published and posted." seconded by Alderman Donaldson and passed 6-0. 162 be passed Motion was Ordinance No. 163 (Item 9.B.) setting the City Treasurer's salary from January 1, 1975 through the end of the term was introduced by Alderman Turner and was read. Motion by Alderman Cavarra "I move that Ordinance No. 163 as intro- duced by Aldermanfurner be adopted on first reading and be ordered published and posted." Motion was seconded by Alderman Donaldson and passed 6-0. Ordinance No. 164 (Item 9.C.) establishing employee pay for 1975 was introduced by Alderman Donaldson and was read in full. Mr. Jerman stated Section 3. Directors Pay was blank and could be filled in after the Executive Session. He stated Section 7. Overtime Pay stated that overtime will be paid when in a work period of 28 consecutive days, the employee's aggregate hours of work exceed 240 hours in accordance with 29 CRF Part 553. He stated that Congress gave cities a 4 year period to phase in this overtime requirement due to the impact on budgets with each year the aggregate hours diminishing, and that presently a police officer could be comoensated with equal time off at the rate of time and one/half, but that there were drawbacks to this and this would put a bumdent,on scheduling etc. Mr. Bartholomew stated that a considerabl~A8~novertime would have to be charged if 28 days are considered into it. It was stated officers get a fee for court appearances now instead of overtime. Chief Pinson stated money was budgeted in 1975 for overtime and he sees no need to curtail it, and he recommended in time of disaster then there be no overtime. Mayor Roesener recommended a monthly review of the budget to see if the City could keep up with the payment of overtime. Motion by Alderman Turner "I move that Ordinance No. 164 be table indefinitely until such a time that items in it could be reviewed." Motion was seconded by Alderman Howard and tied 3-3. Aldermen Cavarra, Donaldson and Hulsey voted "nay." Mayor Roesener voted "nay" and MOTION WAS DEFEATED 4-3. Motion by Alderman Merkl "I move that Ordinance No. 164 be tabled until all unanswered questions in the ordinance are complete." Motion was seconded by Alderman Turner and tied 3-3. Aldermen Donaldson, Hulsey and Cavarra voted "nay." Mayor Roesener voted voted "aye" and MOTION PASSED 4-3. Mayor Roesener announced that he was appointing Mr. Frank DeCoster of 2955 Quay Street to the Public Works Committee. Item 10.B. 3 Request for a roval to urchase white paint at the bid of the State of Colorado price of up. Motion by Alderman Cavarra "I move that we a~thorize the purchase of white and yellow traffic paint for an amountA~~ exceed $3,312.00 at the State of Colorado contract price to be charged from Account 431.62." Motion was seconded by Alderman Hulsey and passed 6-0. Mr. Jerman announced the new street sweeper had been delivered and is to be working the first of December. MINUTES - November 14, 1974 - Continued -5- Alderman Howard asked what the status of remodeling of the Public Works Building was, and Mavor Roesener stated he had requeQteu a space utilization study before any project would be started. Alderman Merkl requested that the gym not be used on Council Meeting nights and thar the parking lot had been full. Motion by Alderman Merkl "I move that gym activity on Thursday night be cancelled and that the only activity on Thursday night be the Council Meeting." Motion was seconded by Alderman Howard and passed 4-2. Aldermen Cavarra and Hulsey voted "nay." Mr Jerman stated estimates had bemsought on closing off the multi purpose room. Alderman Cavarra stated she had received calls that the facilities were not being used enough. Alderman Hulsev stated perhaps other facilities for the court and council were needed. Mrs. Nancy Snow of 11155 West 40 Avenue stated she felt the gym should be used. Mavor Roesener stated that the City of Arvada had sent a request to attend the Jeffco Govts. Assoc. Meeting where impact on schools would be discussed. Meeting was adjourned at 12 40 a.m. An Executive Session was held afterwards regarding department head salary data. APPROVED "71r~~? . '/0/7~1