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HomeMy WebLinkAbout11/17/1975 IV::::~JULS 'ovember 17, J75 The three hundred and fifth regular meeting of the Whe~ Ridge City Council was called to order by Mayor Homer Roesener at 7 3D p.m. ai 4355 Field Street. Councilman 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 ~Iaurice i ox, City Clerk Elise BriJlJgham, staff and interested ci tizens. Councilman Merkl itemized the following Minutes that needed additions or corrections :. Minutes of 3/29,75 - Page b. between the comments of Councilman Turner and Cavarra regarding the sidewalk there were comments made by himself and other members which he would like to see inserted. 2. October 20, 1975 Minutes - Page 3. at the bottom of the 0agc he s tQted his item 4. in his Motion needs to be corrected. i ,e st tej on page 5. his Motion on non-conforming signs was about billbo_rds. Dr' ,J ge tJ. he stated there was a large amount of discussion left "2 or the i tuc,,; " J. Mirutes of "ovember 3, 1975 - Page 3. under Study Sessio; OJ i tent to buy land needs more of the discussion put in. 4. Minutes of ~ovember ;0, 1975 - Page 4. at the bottom of the page needs a corr8ction and on Page 5. needs more commen~ on the 911 centralized emergency reporting. Motion by Councilman Merkl "1 move thEt the Minutes of November 5, '~75 be-approved as written and the Minutes of October 27, ~975 be approved as corrected, and all Minutes under discussion tonight, be sent back to the Clerk for corrections." ~10tion was seconded by Councilman Hulsey and passed 4-2. Councilmen Cavarra and Turner voted "nay." Councilman Turner felt that specific correct.1ons should be given by Council when they wanted corrections, and Councilman Cavarra agreed. Councilman Merkl stated he doesn't have access to the tapes and felt when there is a long discussion the Clerk should include it irto the Minutes, and that the Clerk should do a proper job in preparing t"he Minutes Councilman Turner stated 1 hour in a meeting creates 11 legal pages if it is verbatim, and stated that no direction has ever been given as to the amount of discussion to be included and that this should be determined and a definite guideline should be made. Councilman Turner reqllested that the Minutes not be tabled week afl~er week and that they be handled within 3 weeks of the meeting of which they are written. Mavor Roesener stated if they are retabled, a reason should be given. Public Comment was made by Stephanie Gates of 4470 Vance stated she was present to defend the Youth Services and Probation Department and that she had voted for the sales tax and on 11/5/75 the services had been discontinued She stated the City has more problems than drainage and chuckholes. She stated that Mrs. Howard had won an award for her outstanding work in probation and that she basically worked as a sounding board and guides people to agencies. Mavor Roesener stated he was "amazed that the probation workers had been qualified for 6 yeErG when they were doing it for free- but is not considered the same thing wher they were to get paid. MINUTES - 11/17/75 - Continued -2- Harrv Nvland of 10095 Kipling stated last February the Ci~y Council in connection wi~h the DRCOG passed a Resolution opposing Kipling's designation as a limi~ed access freeway. He s~ated he presumed the resolution was implemented by transmitting it to DRCOG and requesting that the plans be altered, but he has reason to believe this wasn't done. Mavor Roesener stated there w~ a mass meeting which DRCOG attended and he had no doubt that they did not know there was opposi+ion, and that Wheat Ridge only has 1 vote in the DRCOG Council. Mr. Nvland staced the city had achieved the diagonal deletion. Councilman Turner stated at the recent Major Thoroughfare Plan meeting held by the Planning Dept. the people had been told it was still designated as a limited access freeway because no governmental entitity was actively pursuing the removal, and that the DRCOG delegate should have informed the Council at DRCOG. Councilman Cavarra felt Mr. Neiland was referring to the formal amendment procedure. She stated since Kipling goes through Lakewood and Arvada, that the best way to achieve success is to have a joint effort of these cities before DRCOG. She stated Arvada does not went the freeway designation but their plans need to be finalized and when they are the 3 cities could make a joint effort for the removal. She added there is no urgency since activity in this area is not contemplated in the near future. Councilman Hulsev sta ed many times Wheat Ridge has opposed the freeway which is on record, many times, and he stated "even if it is on the COG map, it doesn't necessarily mean that they're going to come through Wheat Ridge, because we still have some control of the City." Mr. Jerman stated he wanted to reassure the Council that the Resolutioll h~ been filed with the DRCOG and it is self-explanatory in its intent. Councilman Howard stated there was a meeting held at Wheat Ridge Jr High School by DRCOG. The main thing pointed out at that meeting he stated, was the Wheat Ridge request to delete the diagonal starting at W. 26th and Kipling, and further wording included that Kipling go north to 1-70 and take 1-70 up to Ward Road and then out Ward Road He stated this additional wording was prepared by former Mayor Paul Abramson with the assistance of Mary Jo Cavarra, and he stated "That's why COG still ha3 it on their books." Motion by Coun=ilman Turner "I move that City Council request a Resolution be on the Agenda next week reaffirming our oppositio~ime to a limited access freeway on Kipling Street, and that at suchAthat it's passed, the COG representative from Wheat Ridge be instructed to take whatever action is proper to pursue the remolEiL of the Kipling designation as a limited access freeway from the the COG and JRPP Plans." Motion was seconded by [1]urcilman Donaldson. Councilman Howard asked "Is this just a Motion to prepare a Resolution?" Councilman Turner stated thsre is follow-up action in it. Question was called and ~otion passed 6-0. Motion by Councilman Hulsey "I move to approve the renewal of the Class E Drug Slore License for Larry Lee Addington dba Addington Merit Drugs, 3810 Wadswor+h, and the Class E drug Store License for Wadsworth Drug I nc a f. 7397 W. 44 Avenue." Motion was seconded by Councilman Howard and passed 6-0. MINUTES - 11/17/75 - Con1inued -3- Motion by Councilman Merkl "I move to approve the renewal of the Class G 3-waV liquor license with extended hours for the Lost Knight Lounge Inc. at 3270 Youngfield Street." Motion was seconded by Councilman Hulsey and passed 6-0. Motion by Councilman Merkl "I move to approve the renewal of the Class G 3-way liquor license for Robert M. Murray dba Clancy's at 10117 West 37 Place." Motion was seconded by Councilman Hulsey and passed 6-0. ; .0J,-~_0.r:!. by Councilman Hulsey "I move to approve the renewal of the Class f beer and wine license for Los Panchos Inc. at 6351 West 44 Avenue." Motion was seconded by Councilman Howard and passed 6-0. Pr~~j Pik Liquor Store was scheduled for renewal. Councilman IVlerkl stated there appeared to be a violation pending on this estabslihment and askBd Mr. rox if the renBwal should be held up. City attorney oX stated the renewal must be made before Dec. 31st or a new application must be made and he was not sure when a hearing was scheduled, and suggested that they be treated as separate matters. The Clerk noted that no charges were filed because the report states that the person was from out of state and it would be difficult for him to be brought back for the proceedings. The date of the complaint was 9/1/75. Councilman Howard asked why the complaints were not gotten to Council when they occurred. Mavor Roesener stated it would be improper to deny the renewal on the basis that the applicant would be guilty before tried. Councilman Howard noted the "case is cleared and closed pending any disposition of the Wheat Ridge City Council" which is stated on the last page and asked how the Council could act on it if they didn't get it when it occurred. Councilman Turner felt it was not received by Council since charges were not fileD, and recommended renewing the license Motion by Councilman Turner "I move to approve the renewal of the Class D retail liquor store license for Barnes Investment Co. dba Park N Pik Liquor Store at 9345 West 44 Avenue." Motion was seconded by Councilman Hulsey and passed 5-1. Councilman Howard voted "nay" Case WZ-75-13 rezoning l~plication of Glen M. Walsh for rezoning from Residential-Two to Restricted-Commercial-One at 7005 West 44 Avenue was scheduled for Public Hearing City Attornev Fox stated that the applicant wishes to withdraw the application. The attorney representing ~he applicant, Carol Van Pelt verified this statement Several people were in the audience who were interested in the case. Lewis Longo of 4425 Reed, Fred Larson of 4420 Saulsbury and Anthony FIasco of 4440 Reed were among those who spoke Some of their commenis were as follows 1 A suggestion to make the area from W. 44 Avenue from Saulsbury to ReBd and to W 48 Ave. a greenbelt so they would be "left alone" 2. fhe question was raised why wasn't there anything in the master plan to protect the homeowner 3. If the property is sold, how long will it be before thBre is a new application for rezoning? Mr. Zwaqerman stated they could come in the next day Councilman Hulsev suggested denying the rezoning City Attornev Fox stated a presentation must be given before a rezoning is denied and rezoning should be in conjunction with the Master Plan. 4 It was st.ated long time resident:s have 1.0 Lake a back seat to somebody new who can come and apply for a rezoning and the residents have to fight to protect their property Mavor Roesener stated the lsws must be followed regarding the rights of all properry owners and thar rhe Council acts responsibly. MINUTES - 1/17/75 - Continued -4- It wa5 mentioned bV 5everal of the Councilmen and the Mayor that there i~ a sched~led hearing on the Land Use Plan at 7 3D p.m. at Ever1tt Jr. H1gh on 11/18/75 and they urged the citizens to at~end. Councilm~n Cavarra sta~e~ this pla~ when adopte~ should meet the majority of. the.w1shes. of the c1t1zens. and when an applicant applies for a rezoning Wh1Ch 1S not 1n conformance w1th the Plan, his chances should be extremely slim of getting it passed. Ordinance No. 194 setting the salary of the City Treasurer for the next term was introduced by Councilman Merkl and was read in full. Councilman Howard questioned the date of 1/12/76 for the starting salary and Mavor Roesener stated this was the date of Lhe new term of office Councilman Turner sugges!;il!! t hale a clause be added "for ~u~ceeding terms of office unless changed." City Attorney Fox staLed Lh1S was generally done annually, but this was stated through the term of office in case it was forgotten so that the person co~ld be paid. Councilman Hulsey asked if this was a raise and the Clerk s'ated it was a raise from $589/mo to $500/mo. as this was the salary approved in the 1976 Budget. Motion by Councilman Merkl "I move for the adoption of Ordinance o. 194 on first reading and order it published." Motion was seconded by Councilman Hulsey and passed 6-0. Councilman Howard voted "aye", Councilman Hulsey voted "aye", Councilman Merkl voted "aye", Councilman Turner voted "aye", Councilman Cavarra voted "aye", and Co~ncilman Donaldson voted "aye". Ordinance No. 195 setting the City Clerk's salary for ~he next term was introduced by Councilman Cavarra and was read in full. Councilman Hulsev asked if this included a raise and the Clerk st3ted it did not and Councilman Hulsev asked if this was not approved would the Clerk go without pay. Motion by Councilman Cavarra "I move that Ordinance No. 195 be approved and published on first reading." Motion was seconded by Councilman Turner and passed 5-1. Councilman Hulsey voted "aye", Councilman Merkl voted "aye", Councilman Turner voted "aye", Councilman Cavarra voted "aye", Councilman Donaldson voted "aye" and Councilman Howard voted "nay." Ordinance No. 192 amending Ordinance No. 84 relating TO electrical contractors was introduced by Councilman Merkl on second reading and the title was read. Motion by Councilman Merkl "I move for the adoption of Ordinance No. 192 on second reading and order it publiShed." Motion was seconded by Councilman Donaldson and passed 6-0. Mavor Roesener announced there was a Solid Waste Workshop Dec. 11-12 at Dillon and a Centennial-Bicentennial Seminar at Pueblo on Nov. 2 -22. A report on the comparative cost of publishing legal notices in the Rocky Mountain News, Wheat Ridge Sentinel and the Denver Post and t.he Zone 3 was distributed. The report is attached to the Minutes. City Attornev Fox stated the Zone 3 would qualify as a legal publication. Councilman Hulsev stated there is a greater circulation in the Denver Post Zone 3 compared to the Sentinel and l;he cost is relative the same. Councilman Turner asked if there is a minimum number of lines for Zone 3 and Mr. Rhodes, buyer for Wheat Ridge stated "yes" j,here is a minimum 50 line charge and after that charges of 50 lines. Mr Jerman recommended experimenting by splitting the publications into both papers to see the effectiveness. Councilman Hulsev stated that would be more confusing. Councilman Cavarra stated this subject came about because the Sentinel had refused Mr. Jerman's request for a column because it was felt it would be political. She stated. even though this.paper's circ~lation is lower it provideb many benef1ts to the commun1ty and the C1ty should su.~port the.~~per. She added she felt Mr. Jerman's column would be essen~ially pol1t1cal. MINUTES - 11/17/75 - Continued -5- Councilman Hulsev stated the 5entinel publishes Dr. Cowan's article for the school district but won't publish Mr. Jerman's column and that this is a "slap in the face to the City." He added that be Sentinel publishes high school columns and Mr. Jerman's column would have had notices of upcoming meetings etc. He stated it (Mr. Jerman's would not be overly political. He stated "it may be a grudge columr that he wants to go to the Denver Post~ but he stated he didn't realize it would be so cheap and the City "is missing the Boat" if they don't go to the Denver Post: due to the larger circulation. He mentioned that the upcoming Land Use meeting was not in the Sentinel. Councilman Turner staSd that before the Ci ty had star t;ed using the Sentinel for legal publications due to a legality, there had been weekly req_msts from citizens as to why it wasn I t in the Wheat. Ridge Sentinel because that is where they look for city news. The column that was turned down should have nothing to do with the City's advertizing. She stated she had been told that the Land ~se Meeting was not in the Sentinel because it had not been given to them. She stated she wanted the advertizing kept in the Sentinel and opposed splitting the advertizing between 2 papers and that the 50 line cost of the Zone 3 was bad. Mavor Roesener asked if the Sentinel belonged to the Audit Bureau of Circulation. Denise Kalette, Editor of the Sentinel stated she did not know. Motion by Councilman Hulsey "I move that the City of Wheat Ridge move their advertizing to the Denver Post Zone 3, all advertizing in the City of Wheat Ridge." Motion was seconded by Councilman Donaldson and TIED 3-3. Councilmen Turner, Cavarra and Howard voted "nay." Mayor Roesener voted "aye" and MOTION PASSED 4-3. Mr. Jerman gave the report on the carpet damage settlement in the Community Development Department. He stated the insurance carrier for the Fruitdale Sanitation District was billed for the additional amount due to the City for carpet damage due to the rebid on the carpet. He stated the City recovered the full amount less $100 deductible which was $2150. Councilman Howard asked if there had been any damage to the carpet in the Anderson Bldg. Mr. Jerman stated "no" and that it had been cleaned. Mr Jerman gave the Budget and Appropriation Report as of November 11, 1975. He stated there was $2,116,000 expenditures encumbered through Nov. 11th and there is a budget l:Elance of $789, 893 for a 10 month figure. '-Ie stated the City is spending on the average $211,000 whith 2 months left to go the projected expenditure woul~f$422,000 so the year will be ended with a good carryover balance. He stated the revenue received was $2, 321,000 and the anticipated revenue was $2, 413,000 which is an underage of $91,000 and the carryover was $31,000 totaling $120,000 which will not be received this year, but this is more than offset by the expenditures. He stated the anticipated revenue from the sales tax was $770,000 and in actuality it is close to that figure in the amount of $765,000. At the same time last year the City had received $695,000 so the City is ahead by about 10% ahead of the same period last year which is a good sign. He stated the auto ownership is $10,000 under which was due to depressed sales but it is improving He stated the total report is very healthy for the City, he doesn't anticipate any large expenditures through December 31st. Mr. Jerman staLed there needs to be a joint meeting between the Planning Commission and the City Council on a land use matter. It was stated this was on a proposed ~velopment that is filed with the County on Kipling and W. 32 and W. 26 Avenue. Mr. Jerman stated this would be a public meeting but would be a study matter and no action would be taken and it would be informative. Motion by Councilman Cavarra "I move that a Special Meeting between the Planning Commission and the City Council be held on December 9, 1975." Motion was seconded by Councilman Donaldson and passed 6-0. Councilman Cavarra noted "hat the 9th is School Bond Election Day and if there is a conflict that Dec. 10th be set as an alternative date. She also not.ed that. facilities for a large crowd should be obtained. MINUTES - 11/17/75 - Continued -6- City Attornev Fox sta ed I.hat next Monday night there would be an alleged 3.2 beer aC1 violation and that due to the Wpe of testimony this should be a closed meeting from the public or press. It was agreed to have an executive session at 7 00 p.m. on 11/24/75. Councilman Merkl stated he felt Council should have a policy on continued zoning matters and made a Motion which was later withdrawn as follows "I move that no applicant be allowed to ask for a continuance more than once before City Council, and upon request for a second continuance that the matter be dropped by the City Council." Councilman Donaldson seconded the Motion and later withdrew his second. Councilman Howard asked if this shouldn't be incorporated into the zoning ordinance. City Attornev Fox stated it should amend the rules and regulations and ordinance, and that when an applicant applies that this information should be given to him. Councilman Hulsev stated thut a good reason should be given for a continuance and they should not get back their application fee. A man in the audience stated that withdrawals should be handled the same way. Councilman Merkl directed the Director of Community Development to bring a zoning ordinance amendment next week which would provide for the intent of his motion. D. Zwagerman stated this would take longer than one week, but it would be done. Councilman Merkl stated that the Townrider buses do not have Wheat Ridge on them yet, and the bus that Mr. Hulsey saw was a different one. ie stated he felt that RTD will pull the buses if there isn't enough ridership, and he recommended that there be a meeting between the RTD oard and himself and Mr. Jerman to explain that for 2 months there has been a bus running in Wheat Ridge which is labeled Arvada and nobody knows where it goes and why it is running in Wheat Ridge saying Arvada, and until it is marked properly, the City doesn't even consider that there has been an intercity bus and the City's 6 month trial for these buses does not even start until the bus is labeld properly. He recommended ticketing the buses for speeding Councilman Merkl stated"West 35 Avenu~ regarding the Denver Water Board project " that the City is not getting any cooperation out of them (Den. Water Board.~ Motion by Councilman Merkl "I move that Mr. Jerman be instrocted that 1 week from today, if no action and cooperation is obtained from the Denver Water BOwrd, that a stop work order be issued on this project until proper repairs that we are now requesting on West 35 Avenue are at least made, or some cooper~on by the Denver Water Board is at least shown." Motion was seconded by Councilman Donaldson. Councilman Cavcrra stated she couldn't vote on this because she doesn t know what the problem is. Councilman Merkl stated the bridge has little progress and there are soft shoulders. He stated the Water Board dug up the shoulder of the road and dumped sand along the street which with the clay dirt made a "real nice mess." He stated people back out of their driveways and sink into the shulders of the road and wait for a wrecker to get them on the street. He stated over a week ago Mr. Jerman contacted them and they stated they would look into it to see what they can do, and they have not returned the call and when Mr. Jerman has called them "they haven't been in." He stated he thought what the trouble is that "they don't believe there's a City here, like RTD, that's going to do anything" and Wheat Ridge has to say they have citizens that have problems that have to be fixed. Councilman Turner stated Mr. Binder and the Denver Water Board had appeared before Council and expressed the desire to cooperate. She stated the City should try to find out the answer to the problem, and that the City has an agreement with the Denver Water Board and this should be checked to see if a stop work order would be in violation. Councilman Donaldson stated there are numerous places where there MINUTES - 11/17/75 - Continued -7- are damaged sidewalks and driveways, and that the contractor has been making promises to ~ake care of the matters, but in a lot of cases the contractor won't even assume the responsibility of certain claims. Councilman Cavarra asked about the legality of the stop work order. City Attornev Fox stated this should be discussed in an executive session. Councilman Cavarra asked to defer the Motion until the matter has been discussed. Councilman Merkl stated he wanted it discussed this evening. Councilman Hulsev stated once the the Water Board is out of Wheat Ridge the City has no hold over them at all. Councilman Merkl WITHDREW HIS MOTION and the second withdrew his second with the stipulation that after the executive session the meeting be reopened. Ben Chastain stated anyone who isn't aware of the problem should drive down W. 35 Avenue from Teller to Sheridan. Motion by Councilman Merkl "I move we recess into an executive session." Motion was seconded by Councilman Donaldson and passed 6-0. The meeting was reconvened. Councilman Turner stated she had been att.ending the Resource Recovery Management Committee meetings as an Alternate and Mr. Merkl was the representative. She stated a bill is being prepared to establish a 1/10 of a mill district in the metro area including Boulder for the met.ropolitan resource recovery project and that a lett.er will go to the Governor and DRCOG to place it on the Governor's call. She stated there is a feasibility study stating fuels, amonia, ferrous metals and aluminum can be recovered, and that on Thursday there will be a meeting for reports from companys interested in buying these projects. Councilman Merkl stated he had signed the letter t.o put it. on t.he Governor's call. Councilman Turner stated there is nothing to preclude using smaller dump areas also and that she feels this a reasonable approach. Mr. Jerman noted the estimated net income from the recoveries is $5Y2 million but that there is an initial capital outlay cost. Mavor Roesener stated he would like someone to attend the Bicentennial Seminar. Councilman Turner stated she would try to go and if she couldn't she could find out who might attend. Meeting was adjourned at 10 3D p.m. 1 APPROVED ~~ lf~ {liD 1 c ,po ,'tho' I! ,; \ 'I}' I CITY OF WHFAT RIDGE - MEMORf"~DU~'lt' PAGE ~IGHr-MI~UTES'OF N~VEMBER 17,1975 To John Jerman, City Administrator From Subject SEE BELOW Date George Rhodes, Buyer NoveITJReEN~ rt~~ ,brf ~ji. -/ Approved Date NOV 1 7 1975 SUBJECT COMPARATIVE COSTS, OF VARIOUS NEWSPAPERS, FOR LEGAL ADVERTISING At your request, I comparative costs, Legal notices. have from STUDY SESSION ITEM obtained the following information concernfng various newspaper9, for publishing the City NEWSPAPERS Rocky Mountain News - A charge of ninety-five cents per line with fourteen lines per column inch 14 lines @ .95 = $13.30 Paid circulation for home deliverv in Wheat Ridge is approximately 3700 Wheat Ridge Sentinel - A charge of twenty-three cents pff line with a discount of five percent l5%J since printing is larger than six point Size of type used results in ten lines per column inch compared to 14 lines per column inch in the other newspapers 14 lines @ .23 = $3.22 Less 5% ( 16) Total $3.06 The Denver Post Zone Three Edition - A charge of twenty-three cents per line with a minimum of 50 lines per publication Additional cnarges are made in incremen:s of 50 lines. 50 lines @ .23 = $11.50 The Denver Post Regular Edition - A charge of $1 16 peT line with 14 lines per column inch. 14 lines @ 1.16 = $16.24 Paid circulation for home delivery in Wheat Ridge i$ approximately 8600. Mr. Allen Dreher, of the Denver Post states that in his opinion Legal Notices could be published in the Zone 3 insert in the Denver Post. Our propsoed expenditures for legal notices, as approved by Council for 1976, are listed by Department. City Clerk 411.51 $4500 Community Development 419.51 $1800 Planning & Zoning Community Development 431.51 $ 200 Code Enforcement Police 424.51 $ 800 Burglary Unit Public Works 441.51 $ 300 Engineering TOTAL $7600 cc Richard Andrews, Director of Admininstrative Services WHEAT RIDGE SENTINEL CIRCULATION November 12, 1975 Paid & Free Circulation of WHEAT RIDGE SENTINEL in the City of Wheat Ridge also include residents, samplings, dealers, and racks in EDGEWATER, LAKESIDE, AS WELL AS CITY OF WHEAT RIDGE CARRIER - PAID CIRCULATION CARRIER - FREE (Samplings) DEALERS AND RACKS 3,850 Capprox.) 2,650 Capprox.) 600 Caverage)* 7,100 Capprox.) MAIL SUBSCRIPTIOruS (GENERALLY OUT OF TOWN) 350 apx. *As is true with any item, a number of these are returned--not sold. Note Edgewater & Lakeside area news carried also in "Wheat Ridge" Sentinel.