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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 , / f