HomeMy WebLinkAbout12/22/1975
MINUTES
Uacember 22, 1975
The threB hundred and tenth _80l1 r meeting or the W~8~t R_~~e
Lity Council was called to order by Mayor Homer Roesener at
7 30 p.m. at 4355 Field Street.
Councilman present were
arrived shortly after the
M"'rkl and Louise T"rner.
Mary Jo Cavarra, Joseph Donaldson (who
meeting began), Calvin Hulsey, Larry
Councilman Robert Howard was absent.
Also present were City Administrator John Jerman, City Attorney
Maurice Fox, City Clerk Elise Brougham, staff and interested citizens.
Mayor Roesener announced that Boy Scout Troop 240 was present to
observe a City Council Meeting.
Motion by Councilman Turner "1 move that the Minutes of 12/15/75
be continued, and the Minutes of 9/22/75, 9/29/75, 10/20/57, 10/13/75
and 10/6/75 be approved as corrected or distributed." Motion was
seconded by Councilman Merkl and passed 4-0. Councilman Donaldson
was absent.
Public Comment was made by
Donald Lancaster of 4076 Everett Street who stated it had
been mentioned at the budget meetings of having an occupational
tax or franchise tax for Consolidated Mutual Water Co. and asked
if this idea had been pursued. Councilman Hulsev stated this had come
up about 1 month ago. Mr. Jerman stated he had thought that only
charging Consolidated for street cuts had been discussed. Councilman
Hulsey stated he thought it had been discussed to be research and
he would like to know if this would be possible. Councilman Turner
stated it was discussed to have the ordinance rewritten and to
charged Consolidated for street cuts, and possibly have the
franchise tax worked into the ordinance, but nothing "has been
decided on it."
Jeff Pearson of 1600 Western Fed. Savings Bldg., Denver was present
to discuss legal notices in the Denver Post.
City Attorney Fox stated this should not be discussed in an open
meeting and suggested the l ouncil adjourn to an Executive Session.
The Council went into an Executive Session with Mr. Pearson and then
reconvened. The Mayor said at Mr. Pearson's request his name was
removed from the Public Comment Roster.
Motion by Councilman Hulsey "I move that the City continue its
legal advertizing with Zone 3 Section of the Denver Post." Motion
was seconded by Councilman Donaldson and passed 3-2. Councilmen
Turner and Cavarra voted "nay."
Motion by Councilman
next on the Agenda."
and passed 5-0.
Hulsey "1 move that item 1.0. be taken up
Motion was seconded by Councilman Donaldson
Item 1.D. Preliminary Hearing for Pietra's Pizzeria for a new Class
F beer and wine license was taken next. MichEli Villano, attorney
was present who represented the applicant.
Motion by Councilman Hulsey "I move to set a Public Hearing fOT
1/26/76 at 7 30 p.m. in these Council Chambers for Pietra's Pizzeria
located at 9045 W. 44 Avenue and set a boundary of 1 mile radius."
Motion was seconded by Councilman Turner and passed 5-0.
Case lJJZ-75-19 a rezoning request from Re!idential-Two t.o Commercial-One
at 6089-6287, 6289 West 48 Avenue by Bernice OIOrman and Joseph
Jaidinger was SCheduled for Public Hearing.
uennis lwagerman stated the street is West 48 Place tha has also
been known as Old Arvada Road. He stated part of the area is
currently in the Flood Plain. He stated the Planning Commission
recommended approval He alar stated the following
MINUTES -
12/22/75 - Continued
-2-
1 The parcel contains a residence and a Jacant buildlng.
2 Zoning to the south and west is Commercial-One.
3 Proximity to 1-70, commercial and industrial zoning, make
commercial zoning for the front portion nf the pArcel logical.
4. The Land Use Plan recommends public service zoning for
the area, howe~er, staff can see no particular reason for this.
5. If the vacant building is tn be used commercially and
a building permit is required, all requirements of the ordinance
must be met
6 A major portion nf the prnperty as approved by the Planning
Commissinn is not in the flood plain N ne of the existing buildings
are in the flnod plain
7 D8veloplnent agreement ldill be rer,uired fnr C'urb, gutter
and sidelllaH
Cilunci~~n_ TurneT stat8d she thoughtthe reason the arEa !,laS left.
as publiC service area wes that there were plans t, continue the
Greenbelt nn through to Adams C~ She alsn as~ed if a new highway
was g ing through this land Mr Zwagerman stated 1-76 is n,t
planned tn gn thr ugh this area
Mr. Zwag~rrnan stated the hnuse s at the snutheast edge nf
and the commercial building is at the edge of W 48 Place
none nf the land was in the old flood plain, but under the
a portion is in the flood plain now.
the property
He stated
new map
Councilman Turner questioned the value of zoning the property commercial
that is in theflood plain Mr. Zwagerman stated "no" but this is
a logical delineation to "determine a con~enient legal description "
He stated prartic lly there would be no way the flood plain area could
be used.
CounrilmaTl__Jur~ asked what the justification of zoni.ng the area
commercial was Mr. Zwagerman stated the proximity of the se~age
treatment plant and surrounding commercial and industrial land.
She alsn asked if this would be encroachment of commercial in the
area that has a substantial amount of Residential-Two zoning.
Mr. ZwaQerman stated "no" because of the flood plain
Council_n:.5!n~T_r.e stated under this zoning only 1 strurture is
allowed and asked why the zoning wasn't a Planned Commercial De elpment
Mr _;~?german stated the applicant's only intent was tn use the existing
building on the site
Mrs ~~se~~~aid~~g~L was present who stated she was 5~8a ing for
her rl1~ther (Applicant Bernire 0 Orman) whn was alsfJ present
She stated they had a prnspecti e renter fnr the romDlerrial building
whirh wa! Da ey Tree and they wanted tn rent it so that her mnther
cnuld remain Ii ing in her h'use She stated the sewer plant has
ruined the land for anything else She stated she Ii ed in the
basement fJf the house
Cnunr i lri:an Ca a~ asked if it had been explained to her that the
residence would be a non-conforming use. She stated she did not
understand. Mr. Zwaqerman stated if the land is zoned Commercial-
One then the residence will be non-conforming and they would not
be able to expand or remodel it.
No one appeared in opposition.
Motion by Councilman Merkl "I would for the approval of Rezoning
Case WZ-75-19 from Residential-Two to Commercial-One for the following
reasons
1. It was recommended by the Planning Commission and Planning
Department.
2. The other stipulations on this are that a d8\ielopment
agreement be worked out for curb, gutter and sidewalk il. the area."
Motion was seconded by Councilman Hulsey, and Motion passed 4-1.
Councilman Turner voted "nay."
Case ~l-75-23 a rezoning request by Lutheran Medical Center at the
northeast area from the intersection of Dudley Street and West 35
Avenue from Hospi tal- Two to Planned Commercial Development was scheduled.
MINUTES - 2 22/75 - Continued
-3-
Mr. LwaQerman stated the area Is approxima~ely 19?5' f~om the
east ROW lim, nf Dudley and the nearest bU1ld1ng 15 410 frOln that
point nn the proposed site. He stated the approximate area is 1~. 8
acres. The Land Use pLan indicates public service. General zon1ng
of the area is Hospital-Two and Residential-Two and land use of the
area is single family, two family, hospital and clinics. He also
stated
1. The Land Use Plan recommends Public Service for the parcel.
2. The development was planned on a Planned Commercial Development
basis because the Hospital-Two zone has no provision for more than
one building per lot. This zone district also dOBS not allow office
buildinga and clinics. If the parcel were subdi~ided, the lot area
for each building in the Hospital-Two zone would be 50 acres.
3. The plan takes advantage of the Planned Commercial Development
provision by utilizing excellent design concepts.
4. The plan meets all requirements of Ordinance 98, including
parking for 51 practitioners (406 spaces), 43% landscaping, proper
curb cuts, lot coverage and setbacks etc.
5. WheJt Ridge Water District will require easement along
w. 35 Avenue.
6. Sanitation will be taken to a line on W. 38 Avenue. District
approval was given on 11/25/75 for this~velopment. An easement for
this proposal will be shown on revised plans.
7. The traffic study showed volumes on Dudley well below
the upper limits of a local street. There are no street or traffic
signal improvements recommended. The alternatiVE of continuing
W. 35 Ave. through to Wadsworth was rejected. The Planning Dept.
concurrs with the above recommendations with special emphasis on studying
need for signalization on W. 38 Ave. and Dudley St.
8. No dedication of W. 35 Avenue will be required, although
this has been requested from the Chief of Police for control for
speeding etc.
9. A walkway easement along the Rocky Mountain Ditch will
be dedicated.
10. The Planning Dept. feels that this is the proper use and
zoning for the parcel, and therefore recommends approval of the rezoning.
11. The Planning Commission feels that this is proper use and
zoning for the parcel, and therefore recommends approval.
Councilman Donaldson questioned why ul. 35 Ave. was not going to
be utilized for traff~c Mr. Zwaqerman stated they arb nnt proposing
additional ingress and egress at this point, and that they feel the
plan is adequate accordingtn the traffir count study
Councilman Ca~?~ asked if W. 35 Ave. is not dedirated and i1,
a private drive what the address of the complex would be Mr Zwaqerman
stated W 35 Ave. is dedicated up to the west side of the street
and they have not determined an address at this point. Counrilman
Cavarra asked if they rould use 35th as an address since the buildings
are required to have access to a public ROW City Attornev Fox stated
Council must determine the frontage of the property based on factual
information. He added that it would be impossible to use the same
address as buildings on the hospital zoning, and the decision must
be made whether t would be Dudley St. or W 35 Avenue
Councilman Merkl asked if the ordinance hadn't been circumvented
previously with the existing office builidng. City Attorney Fox
stated he was not sure how it was done once in the past, but the
"Full case should be heard before a decision is made."
Councilman Turner asked what the reasons were for not using W. 35
Avenue. Mr. ZwaQerman stated it was recommended not to dedicate
uJ. 35 Ave. to Wadsworth because it would provide an access problem
on Wadsworth i.e. left turns. N. 2 "there are 8 lot more people
on W. 35 Avenue." No 3 It was felt there would be some pressure
MINUTES - 12/22/75 - Continued
-4-
to make 35th through to Kipling and this would not be a good idea
to separate that neighborhood with a collector type street.
Councilman Me~kl stat.ed the Chief of Police recommended that it;
should be dedicated Mr. Zwaqerman stated this could be a
possibility from a traffic cont.rol law-enforcement point of .
view. He noted that not dedicating it was based on the recommendatIon
due to the traffic study, and that it was Council1s decision to
make
Councilman Turner asked if the possibility of a right turn only onto
Wadsworth was considered, and that at one time it had been discussed to
have more than one route on the hospi tal gr JundC\. Mr _. Zwager~
stated because of the traffic count volumes it was felt that this was
not needed at this time, but should be watched closely.
Councilman Turner asked if there was a Master Plan for the remaInIng
property of Lutheran Hospital. Mr Zwagerman stated "no" but. obviously
it would be for related hospital or medical uses.
Councilman Turner asked who would pay for the additional sanitation
line am] Mr. Zwagerman stated the cost would be on the developer, L.utheran.
Councilman Cavarra asked if they had considered brirY-ng the existing
office building into the plan so it would be in conformity Mr. Zwagerman
stated he does not consider it a non-conforming use and that it is
a legal allowed use on the basis that the developer got a permit
and a signed letter from the Mayor of the City of Wheat Ridge. He
stated "zoning-wise, I consider it an allowed use at this point"
Councilman Cavarra questioned why the present case was before them.
Mr. ZwaQerman stated the procedure is being done properly far ~he
present 3 buildings and he would "feel very uncomfortable" trying
to pick up that existing building. Councilman Cavarra asked if
the building was in every respect a conforming use to the Hospital-
Two district Mr. Zwaejerman stated "zoning~wise and enforcement-blise,
yes." City Attorney Fox stated "zoning wise it is a non-conforming
use, enforcement-wise it is in conformity" He sta1s:J the Cit.y of
Wheat Ridge issued a permit for the building, but to the extent that
it does not [-amply with the single building for a single site r oncept
of Wheat Ridge'S zoning ordinance, it is non-conforming.
Councilman Turner asked what the Land Use Plan showed for the area
Mr. Zwagerman stated public service. Counilman Turner asked as a
planner if he felt there was a shortage of office ~ace for this use.
Mayor-B.9_esener ruled this quai on out of lJrder
Carl S..trafert President 'Jf Lutheran Medical Center stated the budding
is located in the area to the south To the south and west there would
be a 2 story elevation, and 3 st'ries frnm the nnrth He stated they
enlision 25 physicians in the first phase of the building He stated
the treno is for physicians to locate near the hospital so that they
would be available to patients on short notice. He stated this creates
an impro ement of care and overall efficiency He stated more physirians
are needed in Jefferson County ane they are trying to attract additional
dOrtors by advertizing nationally
CounSilman Merkl questioned if he felt the need for medical buildings
was being met in the area. Mr Streufert stated "no" and that they
should be immediately adjacent to the hospital, and stated otherwise
they have to get in their cars and driJ8 down Councilman Merkl
stated one of their buildings in their plan looks far enough away
that the doctors would have to drive in bad weather
Councilman Turner asked if most Doctors are on \"ore than one hospital
staff and Mr Streufert said "yes" In answer to another question,
he stated there woulu only be 1 pharmacy in the existing building
MINUTES - 12, 22, 75 - Continued
-5-
f t land
Counl ilrnsn Turner asked the rGssnn or r8znrLng ;c-, rrll'l ,err ici
he stated thBY I1Jere advised tn go thLs rrJute wh,;n thl::Y applied
Cnunril~an Cavarra quest 'ned the need anu rapacity f the renter
at- thi" -t11118 ~rlll t!.r_ S_tr:.eufert stated their bee! cc,p i ty is pl"nnr=.LI
up tr 1985, anD their lffLI e building is filled tl rapar itV
CCJWlrilrnan Ca arr qU8stinneej hlhrct thro plans W8T'8 for oj smr,ll
port'i-,:;n f iclnl~ ill the arei? ~S.:tI!LlJfert stated th2t is
oifferent ownership "nd is Ot~n8U by lllhe t Rigs Luther2n Churrh .
He alsn explained thEt the lrlginal own8rs were Wheat Ridge FnunoatlJn
in the days of the san~tariul 2nd th2t in 1~60 Wheat Ridge Lutheran
Mediral Cente purch2sed it
Dr Fran Trr"ylnr Chief Physicid. -f Surgi:ry ret Lutheran stc1teo hI::
tiad t,i-s ffire in the present ot firne building anlt stated th.L~:i
has savBO tliie an" t.hey ha e direct telephone lilies int,) the hospit2l ~3
record room 2nU this is the growing trenn of ha ing hospital centereD
prartlfe
Ph~l Scott representrt1ve from Alan Wories anu Assof which oiu the
tr;"ffic-analysis was present. Councilman Cavarra questioned the
figures ~f 49% of the traffic from the south and 51% from the
north and that W. 38 Ave. would carry most of the traffic but
there 111as no reference to D). 32 Avenue and the complex is centered
between these 2 streets.
Mr. Scott stated 31%
25% from the south.
its share of traffic
would be corning from
He stated "certainly
approximately 25% of
due east and probebly
32 Ave. will be carrying
traffic along Dudley St.
Councilman Cavarra stated there is no mention to any impro"ements
on W. 32 Avenue and it is a 2 lane capacity She stated the study
shows that 2 lane has a capacity of 5,000 trips per day and the
City'S Engineering Dept has a traffic count in 1971 of 5,000 trips
per day for that street Mr Scott stated land use must be considered
etc and that 5,000 is relative al"li~able residential street "
He stated 32 Avenue is morE;: than aO~~sidential street Cnunr ilriian
CavaTTa stated the street is not planned to be 4 lanes and if it
barollles so it will be a det:rinent to the residential character because there
would be a "street 10' fror<i their front door step." She stated
she wondered why W 32 ALenue was not consioered wit.h possible impact
conclusions, and that the assumption was made that mast traffic
would be on W 38 Ave.
Mr. Scott stated it "J<)ulu be 10-12% increase either way on W 32
Avenue, and that LuthLran Hospital is associated with a 38 Ave. address
Council tan Cavarra stated she would like further information on
the impact on W 32 Avenue.
Councilman Merkl asked if there was any consideration given to
using the access of Balsam Street instead of Dudley. Mr. Scott
stated if access is onto any strictly local residential street
that there will be same undesirable sideaffects. CQuncilrnan Markl
stated it looked like Balsam, Ammons and Cody Court would cause
less impact that Dudley Mr Scott agreed that for access directly
to W 32 Avenue it would be a more attractive route.
Councilman Cavar~~ asked if there had been ar anlysis of how much
traffic would come from due east or due west, and she stated the
traffic in just the immediate vicinity is being looked at and that
she felt the entire ar8a should be looked at.
MINUTES - 12/22/75 - C8ntinued
-5-
Coum~il;.ari TurneT' asked uJhat the objections wen, to a right turn
only fro~ W 35 A enUB onto Wadsworth. Mr. Srott stated it
would be possible to do but the present residents nn W 35 Avenue
rnuldn t go north and is a low ~olume street now where some left
turns are presently He stated if they WErE restricted the logical
route would be tf' get t'l IJJ 38 Avenue to Iilake left. turns and th8re is
alrtJady a problelii on W 38 A\lenus turning lef t He stat.8u i. t wnuld
not. stop left. turns onta W 35 A, e whirh is pn,sently a pr-,blslil
Counrilman Turner asked why woul[J it be more of an in:pact for
W 35 Avenue than Dudley. Hr Scott said "yes" because the traffir
that. is northbound on Wadsworth USffi 38 Ave. and then would use 35 Hve
Councilman C13varra stated there is a large development. that ldas recently
approved by t.he City at W 35 Avenue which will generate many trips
per day and wondered if W 35 Avenue would be eligible for a traffic
control device Mr. Hobbs stated he could not answer that at this time
Carl sle GUdJL, architect for the plan stated they analyzed the land
use for the area and determined they should use low rise buildings
and make the development attracti ,Ie to be compatible wi th the residences
in the area. He stated the figures were from the hospital records
for the traffic and the patient load is from the north and west. He
stated he felt if 35 Ave. were open it would ha~e greater traffic
than Dudley froCl Wadsworth etc. and there would be more noise.
Mr. ZwaQermsn stated W 35 Avenue could be asked for 8 dedication
at the present time and that development would not be required presently
but the City would own the land if problems do crop up. Councilman
Merkl stated he would be interested in asking for a dedication in fr1nt
because he felt Dudley was suggested to b~ used becaUSE people can't
all get out the front, and he also felt there definitely needed
to be a better rirculatinn patt.ern within the site
of t.be
ZOJilng
Counrilman Donaldson stated he was in fa~or of the plan but felt
W 35' Ave:nBeded to be dedirated but not necessarily immedi.at.ely
impro\.ed He stated he felt the people were \ ery fortumit.e tn
h2ve such a complex in their area.
MaYQI......Rnese'2!rr. stated he had notifi,cation fro Mr and Mrs. Rautus
at 8590 W 38 A~enue that they had no objection to the proposed rezoning.
~eE...k..i,fl.9 in Opposition was
Ed Fogel nf 3296 Dudley who stated he had lived there 12 years
and asked what the regulations were on posting the property. City
Att[)rney~ stated the property must be posted 15 days in advanre
of the hearing. Mr ,FoQel presented 2 pictures which Mr Fox identified
as Cit.y s Exhibits 1 & 2 that the sign was on the south side of W
35 A e.and was not on the property Mr lwagerman confirmed there
were no si.gns on the subject prJperty
Ci tv Attornev Fox ruled that. the sign CIUSt be on the subject property
and that the hearing rannot proceed. He stated the property must be
reposted and a new hearing scheduled starting with the Planning Commission
and that there will be no fee for the reapplication It was alsn
stated this would be republished
C[)unril?an Ca',arra mRde a Motion that the City Administrator work
with the Planning Department to create a large sign approximat.ely
4'X4' i.n a conspicuous color for posting and mounting, and plaring
it on t.he property Mavor Roesener stated this d~es nnt need to
be a Mntion but will be a Council request
MINUTES - 12,22/75 - ClIltinued
-7-
Mution by COUrlf ilrnan Merl 1 "I 'rove that C[]J!lr"l apprO\18 the H;ne~,al
of the 3 2 beer Class J1 lirenses for RiDgeview Market at SOD5 West
44 ALenue, for Safeway Store #302 at 10050 W 38 Avenue and f~r
Hillcrest Cnuntry Market at W 44 Avenue and Wadswnrth" Motion
was sernnded by Counci llilan Donaldson anD passed 5-0
Resolutions for appropriation adjustn:ents for various departments
and correcting Resolutic~ N~ 126 were srheduled.
Counrilman Merkl asked what had been wrong with Resolutinn 426
r::rr:-- Andrews stated it was $100+ in the Ci ty' s favor and unless
this. was corrected it l.dould make t.he budget balance off that Idas
registered wi th the Di isirm of Loral Governlllent Coune i.lman ~er~J.
stated they are always rorrerting this type of resolution, and
asked why they rouldn t be right the first time Mr Andrews
stated these haD been rherked and that he and the Treasurer had
rherled the nne before them tno ght.
Resolution Nn 429 authorizing appropriati.'n adjustments for arious
dep-art:nlsntst,ms i ntrrJdured by Cnum i lnan Turner and was reriej.
rvlotinn by CnunrLIn,Cln Turmjr "I mnve that Resolution Nl 42'.1 be
appro ed" Mot'o was seronLed by Cnunril an Hulsey and passed 5-0
Coun i In,an Don81ds!ln oted "aye", Counf ilIT12n Hulsey nted "aye",
C'1unrill an Merf:l 'lted "aYE:", C'Jun' ilman Turner rJted "aYt" 2nD
C.unl ilman Ca arra nted "aye" CnU\lr Llr an H-'\1la' d ~Ias absent,.
Reso1-.u.!ci_nn._t:J__ 4}_G rorrerting Resolution N.-, 426 was introl.u eu by
C:Junr ilm2n Turner "nd ~Jas read.
Motion by Coun' ilman Turner "I ",ove that Resolution Nt) 430 be oppr', bl;"
Motion was secom,ed by C lune-ilman Donaldson ana passed 5-0.
Six month pr81r:ium for the Ci ty s auto:: Db LIe insuranre wi th Great
Allieriean Insuranr e Co through Galbrai th & Green was scheduled
Counl ilrrran T_urn~ aske[j why only a 6 ":ooth premium was requested
to be paili anrj that the full alilr:unt had been auth'lrizeD in Septelflber
to be paid Mr Anc!ews stated the billing was not recei eo at
that time anD the City had been waiting for a final billing He
stated the insuranr e consul tants rer:omrilended paying 6 Inos so that
the City will ha e most renewal rates in March He stated there
was enough II10ney on hand but there have been 2 subsequent billings
rommerriBl insuranre wh rh had been adjusted and public offirial
liability whirh exreeded the buoget appropriation for insuranr e, so
half of the autom~bile insurance will be paid Counrilman Turner
stated the proper arnnunt of insuranr e premiums Itlas 'nrJtbudgeted
so hulf of the premiUI .is being put off until next year.
~-,-,un_rl.lma~ Ca arra stat, 0 ~Jhen this was pre"inusly lJisrusseo it
hac been her unLsrstanLing that elerted nfficials woulL be r 0 erel:
Ln their private rars n city business. MI' Jerman stated he di p't
t.hin thi s w ~] r ,ve ee. Mavor Roesener statscf thls seemed fami,liar
to him also that they would be covered. Councilman Cavarra stated
she would like this looked into as this could have a bearing an
personal insurance rates. Mavor Roesener asked Mr. Jp.rman to
check t.his aut.
Motion by Councilman Cavarra: "I move to approve payment of $6,S98
to Galbraith and Green Inc. far six month premium due on the Automobile
Insurance Policy and that the fallowing accounts be charged
City Administrator 413.36 $200
Community Development 419.36 500
Police - Patrol & Traffic 422.36 650
Police - Animal Control 425.36 130
Public Works - Administration 440.36 600
(Continued)
MINUTES - 12/22/75 - Continued
-8-
Public Works - Engineering 441.35
Public Works-Street Maintenance 450.35
Public Works - Shops 452.35
Public Works - Street CBaning 453.36
Parks & Recreation - Recreation 461.36
Parks & Recreation - Parks 462.36
~otion was seconded by Councilman Merkl and
$593
2000
400
750
375
400."
passed 5-0.
A resolution supporting the funding for peace officer training
through assessments on fines and forfeitures and establishing
a board on peace officer standards and training to administer the
disbursement of funds for peace officer training was scheduled.
Mr. Jerman stated the surcharge would be less than 5% and the money
would be pooled on the state level to fund additional programs.
He stated it utilizes the theory that offenders would pay for the
training.
Councilman Cavarra stated she was in favor of the resolution but
that all large cities that have their own a~ademies for training
are opposed. Chief Pinson stated it had bean proposed that those
cities with their own academies will receive the same amount as
the state training academy. He stated there had been some opposition
due to a misunderstanding of what the legislation would accomplish
and that it was his understanding that the bill would be on the
governor's call.
Resolution No. 431 supporting the police officer training through
assessments etc. was introduced by Councilman Merkl and was read.
Motion by Councilman Donaldson: "I move for the adoption of
Resolution 431." Motion was seconded by Councilman Merkl and
passed 5-0.
Mr. Jerman had prepared a written reammendation to allow students
from Jefferson High and Wheat Ridge High to receive $50 per student
who were participating in the Close-Up Program which was a trip
to Washington D.C. Each student whould be required to spend a full
day visiting different departments in the City to observe the~eration
of local government and to attend a City Council Meeting. Mr. Jerman
stated he also felt the R-1 School District should be encouraged to
require a civics class which would be mandatory for graduation.
Councilman Markl stated the City did not help the retarded children
and there were a lot other areas which need funding more than these
students which the City has not helped. He stated he felt if funds
are given to these students, then the City should give to the retarded
center also. He felt this was not a high priority. Hr. Jerman
stated some of these other groups have other sources of funding.
Councilman Turner stated she had received calls from representatives
of schools indicating they were Shocked that the City would consider
funding for this project while other schools have projects to earn
their money. She stated Mr. Jerman's idea was to have the students
observe instead of work for the money. She stated she was opposed
to it and that this was an extracuricular project. She stated she
had offered a recycling box for the students' use.
Councilman Cavarra stated she felt the concept of having the students
work for their money was not worked out in Mr. Jerman's proposal.
Motion by Councilman Markl: "I move that the City of Wheat Ridge
give no money to the students of Wheat Ridge High or Jefferson High
School to participate in the Close Up Program for 1976." Motion was
seconded by Councilman Turner and passed 4-1. Councilman Hulsey voted "nay."
Motion by Councilman Herkl: "I move the City of lilheat
the Blue Cross and Kaiser rates fir 1976 as recommended
and Green Inc., the City's insurance representative."
seconded by C wncilman Cavarra and passed 5-0.
Havor Roesener requested that the City's contribution towards therost
of employees' dependents health plan be placed on the Agenda.
Ridge approve
by Galbraith
Motion blas
MINUTES - 12/22/75 - Continued
-9-
Mavor Roesener stated he felt this was needed for the employees
and that otherwise they would take a pay cut since the rates have
gone up. He stated the City had worked hard to keep the budget in
line during 1975.
Motion by Councilman Merkl: "I move the City increase its contribution
for the employees' dependent health plan to 50% to be effective 1/1/76."
Motion was seconded by Councilman Hulsey.
Councilman C:varra asked what the cost was. Mr. Jerman stated the
cost Is $20,000 which would come out of the unallocated reserve.
He stated "It's not in the budget per se." Councilman Cavarra
stated she would have to vote against this as the operating costs
would go out of sight and fewer and fewer funds would be used each
year for capital improvements.
Councilman Hulsev stated he felt there was more to a City than just
capital improvements. He stated many employers feel they payout
a lot of money to their employees but he felt the City owed it to
their employees.
Councilman Turner stated she was opposed to the Motion.
City Attornev Fox stated techncally the money would not come from
the unallocated reserve but there would be a resolution transfering
the money into the various accounts from the reserve. Mr. Jerman
stated the appropriation resolution for 1976 lumpprl the money into
3 categories, salaries and personnel overhead, ap.raing costs
and capital outlay. He stated there is adequate money for January
for this increase and it may be made up by unspent allocated funds
or may come back with a resolution in the future but it will not
be a line item appropriation.
Question was called on the Motion and passed 3-2. Councilmen
Turner and Cavarra voted "nay."
Request for approval of payment of $1,954 to Gallaher Insurance Agency
for an additional premium due on the Commercial Business Policy as
the result of the annual audit was scheduled. Councilman Merkl asked
l~hen the bill was received. Mr. Andrews stated it was received 12/12/75
and is due before the end of the year.
Motion by Councilman Merkl: "I move to approve payment of $1,954 to
Gallaher Insurance Agency for the additional premium due on the Commercial
Business Policy and that the following accounts be charged:
Municipal Court 412.36 $300.00
Public Works - Engineering 441.36 300.00
Public Works - Streets 450.36 300.00
Public Works - Shops 452.36 554.00
Parks & Recreation - Parks 462.36 500.00."
Motion was seconded by Councilman Turner and passed 5-0.
Authorization for hiring Alexander Grant & Co. for the City's annual
audit was scheduled. Mr. Jerman stated $6200 was budge~ and their
estimate was $5500.
Councilman Merkl asked if any bids were received. Mr. Jerman said
"no" and normally one stays with the same auditor if everything is
satisfactory. He stated ~ost professional services won't submit bi~
Councilman Merkl stated he would like to see bids. Councilman Cavarra
stated there had been a recent case regarding architects not bidding
and it was decided they must submit a bid. Councilman Hulsev stated
he thought it was good accounting oractice to "stick with the same
auditor" because they know what has gone on before.
MINUTES - 12/22/75 - Continued
-10-
City Treasurer James Malone and Mr. Hauber of Alexander & Grant
were present.
Motion by Councilman Turner "I move the agreement with Alexander
Grant & Co. be approved for audit services for the fiscal year 1975."
Motion was seconded by Councilman Donaldson and passed 5-0.
Mr. Jerman stated Council had received a letter from the State Auditor
and Mr. Hauber is checking into it andwill take care of it.
The Budget report for November had been distributed. Mr. Jerman
stated the City will underspend the appropriations made in the budget.
He stated the sales tax revenue does not reflect 2 payments and when
they are received it will be very close to the original anticipated
revenue. He predicted the year will be ended with about $75,000
under the original estimated revenue.
It was announced that the proposed Grand Opening of the Sod House
and Historic Park will be Saturday 5/22/76 at 10 00 a.m. as recommended
by the Director of Parks and Recreation.
City Attorney Fox announced there was an alleged liquor violation
at Rockette Bar and he felt the first available date would be 1/1g/76
nr 1/25/76. It was agreed to make this 1/26/76 at 7 00 p.m. due
to the fact that a minor is involved.
Ci.!:.Y_0_ttorney Fox 2,lso st~ ted th2,t stotutoril~ the zOi-ing ch-ge
regul tions give the Ci t LO' 'flcil the power to provide the m :-er
in which propertl can I'. changed. ~e stated the policy of the City
had been in the pa~t to not only publish but also to post the property
He tated the statute requires that the minimum requirement is publishing
but in addition the manner shall be set forth by City Council. He stated
it had been the unwritten policy of the Council to require both publishing
and posting but since the matter came up in ~ zoning ccse tonight,
he recommended changing the Ordinance no. 98 by formal amendment
so that there will be no misunde:rsl:;anding in the future.
Mavor Roesener agreed and said he felt it was wrong what had happened
tonight and had been an expense to the applicant and had wGsted
people's time.
Bonnie Scoma stated the Planning Commission had passed an amendment
to Ordinance 00. 98 making it the responsibility of the applicant to
post the sign. Councilman Merkl stated after the sign is put up
by the City staff it does become the responsibility of the property
owner, and stated he felt the staff should initially erect the sign
Mr brown stated he knew of a pending case between Garrison and Estes
between W. 38 Ave. and W 32 Ave. and stated the sign is posted on
a Public Service pole at the southwest corner of W. 35 Ave and Garrison
which is outside the area being zoned.
Councilman Hulsey stated he felt it was the Planning Dept.'s responsibility
to put up the signs, but he felt the signs were too small. He mentioned
that real I'. t~te companies have no ttouble putting up visible signs
and he fell I Ie ~ize of the sign should be put into the ordinance.
Mayor Roesener mentioned there should be a penalty for defacing the
signs. Mr. Fox stated there is no penalty since ~here is dual notification
through publication also, and that is why there was laxness in posting.
Councilman Merkl felt this should be left up to the staff. Councilman
Hulsev stated he felt it was Council's job to set the size of the sign,
and estimated 3'X2'.
Motion by Councilman Merkl
be the size of the calendar
by Councilman Donaldson and
"I move that the sign our City staff designs
in the Council Chambers." Motion was seconded
passed 5-0.
Councilman Cav8rra ~ked Mr. Fox if there was any corlflict regarding
MINUTES - 12/22/75 - Continued
-11-
th8 Cowlcil's policy of zoning by Motion rather than by ordinance.
City Attornev Fox 5tated apparently rezoning can be done by either
fasllion because there' 5 Tlever l.Jeen i:J deci5ion 5aying it can I t be
done by motion. He stated he had discu5sed this with the Lakewood
City Attorney and he recommended 5taying with Motion5 because there
are 2 hearings for an ordinance and the recent statutory change
required a majority on all ordinances of those elected.
Councilman Cavarra asked if this took away due process from the
citizens since ordinances and resolutions can only be initiated by
referendum action. City Attornev Fox stated the statute does not
say that, and he stated all ordinances could circumvent that if
there was an emergency section in the ordinance because that precludes
the referendum act. He stated the City is not removing due process
by zonirg by Motion. He stated those citizens that have standing
in a case have the right to referendum whether acted by ordinance,
resolution or motion provided all of the other requirements are met
Councilman Merkl reported on the recent meeting with RTD. He stated
Mr. Redding and Mr. Harper were present. He stated the buses that
had been taken off W. 38 Avenue have been put back on the route,
the Townrider in the next 30 days will have a dual top sign saying
Arvada-Wheat Ridge plus the information sign in the front of the bus.
He stated he was told Mr. Gross will never appear before the City
Council again and if the City has any questions they should ask for
Mr. Luft or Mr. Redding. He stated part of the problem was lack of
communication and he felt this had been a good meeting and was
encouraged that some problems could be straightened out.
Councilman Cavarra gave a report for the Municipal League and stated
the following legislation will probably be on the Governor's Call
but it is not definite. The State Dept. of Highways wants to
raise the gasoline tax 2~ on the basis that the gasoline tax revenue
is down because smaller cars are being driven. She stated the league
will be opposed unless the cities get half of the revenue. She
stated Denver is encouraging that the state collected locally shared
income tax be increased with the formula written to suit their
purposes. They state they are a main employment center, which
has increased pollution and wear and tear on the streets and they
provide 31% of the jobs. She stated the League was opposed to this.
Mavor Roesener stated he was opposed to this. He stated the motoring
public are taxed to death on room taxes, food taxes, hotel occupancy
taxes and now they want to increase the gasoline tax. He stated
"Denver has created its problems. They have zoned and zoned for
all of the industry, they have created the employment center." He
stated there are other cities that are industrialized percentage
wise like Denver and they don't have those problems, and ~ted the
City should have looked at its budget problems earlier like Wheat Ridge did.
Councilman Merkl stated he would like to see the employees of the
City to have either Friday off after Christmas or New rear's so
that the City would not be closed. He stated he wanted this to
exclude department heads, and the city administrator and city clerk etc.
Motion by Councilman Merkl "I move the employees of the City below
the department head level be allowed 1 day extra vacation on either
Lhe day after Christmas or the day after New year's for 1975, and
January 2, 1976." Motion was seconded by Co~ncilman Hulsey.
Chief Pinson stated he was not opposed to extra days for employees
but he himself would not be present on January 2nd which is a vacation,
i:Jnd stated he would like it broadened so that it could be worked out
in his department. He estimated this would about 9 days to accomodate
it in his department.
Motion to Amend by Councilman Merkl "I move to amend my Motion by
adding that in the Police Department the day off will be given at
the discretion of the Police Chief for the remainder of December 1975
and January 1976."
j iT.
Jerman stated there are other department heads that have asked
MINUTES - 12/22/75 - Continued
-12-
to have time off also and they aren't going to be there and
someone else will be in command. He stated he felt the Council
"has to stop treating department heads as second class citizens."
He stated the pay is deferred, and now this, and it effects their
morale.
Councilman Merkl stated he didn't think requlrlng the management
personnel to be present was treating them as second class citizens
He stated "their salary range is for first class citizens" He stated
they have a level of responsibility "that a second class ci t,izen
doesn't have." He stated it is common business practice that Lhe
management people are not treated the same as the employees. He
stated if the management level wants to be treated like every other
employee "then let them resign their position." He stated he
does not want to take away any vacation that was asked for.
Councilman Cavarra stated the problem could be solved by defeating
the Motion.
Question was called on Councilman Merkl's Motion and WAS DEFEATED
3-2. Councilmen Donaldson, Turner and Cavarra voted "nay."
Councilman Turner requested that the packets be delivered on -riday
since Christmas was on Thursday. Mavor Roesener agreed and felt
the Council would go along with that idea.
Meeting was adjourned at 11 20 p.m.
"
APPROVED
{ I 7 (/-!:i(/ ~/d ,
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