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HomeMy WebLinkAbout01/26/1976 MINUTES January 25, 1976 The three hundred and fifteenth regular meel;ing of the Wheat Ridge City Council was called to order at 7 10 p.m by Mayor Frank Stites at 4355 Field. An alleged liquor violation which occured at Rockette Bar at 10005 West 44 Avenue had a public hearing scheduled. The owner of the bar, Mr Ronald J Hood was present. City Attorney Fox stated the owner will admit the alleged point that a sale did occur to a person under 21 years, and that the penalty is by stipulation as a result of plea bargaining and will be a suspension of 24 hours. Dale Helm, attorney was present and represented the owner. Motion by Councilman Turner "I move that the 3-way license of Ronald J. Hoos dba Rockette Bar at 10006 West 44 Avenue be suspended for a period of 24 hours beginning midnight on Friday January 30, 1976 and ending midnight, Saturday January 31, 1976, and that proper notification be given by the City Clerk to Mr. Ronald J. Hood." Motion was seconded by Councilman Cavarra and passed 4-0. Councilmen Howard and Donaldson were absent. Th8 businresmeeting convened at 7 30 p.m. Councilmen present were Mary Jo Cavarra, Robert Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Councilman Joseph Donaldsonwas absent. Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Elise Brougham and staff and interested citizens. Mayor Stites announced a new procedure regarding sign up sheets for public comment. He stated that the sheets will be in the back of the room and everyone must sign them for any item on the agenda QL any other item they wish to bring up before they would be allowed to speak. City Treasurer James ~Ialone gave his financial report for the year end 1975. He stated the receipts totaled $2,597,898 and expenditures and encumbrances are $1,531,357. He stated there will be a $236,435 carryover and there will be some adjustment on this by the auditor. The cash on hand was $379,584.58 and there is $552 carryover in the revenue sharing fund. 96.18% of the anticipated receipts were received, and 87.09% was spent of the anticipated expenditures. 94.74% was expended to date in 1974. He stated the annual audit report would be started the second week in February. Case WZ-75-25 a rezoning request by Virgil A. Boatright at 4901 Kipling from Residential-One-A to Commercial-One was scheduled for Public Hearing. Tom Woodford, attorney at 505 Lakeside National Bank represented the applicant who is public administrator and appointed by the court to handle the estate of the former owner, and selling the property is needed to settle the estate. Mr. Boatright was also present. Mr. Rich Rilev of 7023 Dover Way was the propsective buyer of the property who was present and stated if it was rezoned, he planned a retail auto parts sale business. Joe Ingenthrone was present who had adjoining property and stated he was opposed to the proposed usa of the property, but not the zoning. Motion by Councilman Merkl "I move for the approval of Case WZ-75-25 located at 4901 Kipling from Residential-One-A to Commercial-One, and I further move that the address be changed to 10155 West 49 Avenue, that the trees on the property be saved if possible, that 25' be dedicated on Kipling Street, and that curb, gutter and sidewalk be installed and a development agreement be worked out with the City for this property." Motion was seconded b~ Councilman Hulsey and passed 5-0. Item 4. Application by the Planning Commission to amend Ordinance No. 189 to provide 1 parking space/each 100 sq.ft. of classroom area and 1 parking space/each teacher was scheduled. MINUTES - 1/26/75 - Continued -2- Motion by Councilman Merkl "I move we have an ordinance prepared by the City Attorney pertaining to parking regulations of Ordinance No. 189." ~otion was seconded by Councilman Howard and~ssed 5-0. Item 5. application by the Planning Commission to Amend Ordinance No. 98 to allow outside storage of vehicles not to include auto salvage businesses when entirely enclosed within an opaque fence was scheduled. Motion by Councilman Merkl "I move we direct the Citv Attorney to prepars an amendment to Ordinance No. 98 (Section 21-B)." Motion was seconded b~ Councilman Howard and passed 5-0. Motion by Councilman Cavarra "I move the Class J1 3.2 fermented malt beverage package license for National Convenience Stores Inc. dba Shop N Go Markets No. 957 at 5990 West 38 Avenue be renewed." Motion was seconded by Councilman Turner and passed 5-0. Resolution No. 432 authorizing consent on the following items was introduced by Councilman Merkl and was read 5. Consent Resolution No. 432 dated January 25, 1976. Council Action Consider adoption of consent Resolution No. 432 dated January 25, 1975, authorizing actions indicated on the Agenda for those items designed as Consent Actions. 7. Minutes of Meeting of January 19, 1976. Consent Action Approve Minutes as submitted or as amended. 9. Approval of Court Personnel Rules as proposed by Judge Zarlengo. Consent Action Receive and refer to staff and Personnel Commission 11. Mayor's Proclamation of Free Enterprise Week, February 9-15,1975. Consent Action Receive and file. 13. Award of lowest and best bid for drycleaning services for police officers per prior Council approval. Consent Action Award bid to Gigantic Cleaning Co. of Wheat Ridge as follows $1.00 each for jackets, 50~ each for shirts, 50~ each for trousers, 25~ each for hats, 15~ each for ties, chargeable to Accounts 422.14, 421.14, 423.14 and 424.14. Motion by Councilman Merkl "I move for the adoption of Resolution 432." Motion was seconded by Councilman Howard and passed 5-0. Councilman Turner voted "aye", Councilman Cavarra voted "aye", Councilman Howard voted "aye", Councilman Hulsey voted "aye" and Councilman Merkl voted "aye." Councilman Donaldson was absent. Public Hearing was scheduled for Paul DeMott dba Pietra's Pizzeria at 9045 West 44 Avenue application for a new Class F beer and wine liquor license. Court Reporter Ruth Karsh was present and took down the proceedings. The following people were present and gave testimony Linda Kuennen - city surveyor, Mike Villano - attorney for the applicant, Paul Demott - owner, David Hoke - surveyer, Marilyn Hoke - surveyor, Frank Striker - surveyor, Jim Evans - employee, Randy Harman - employee. No one appeared in opposition. Mr. Jerman was directed to check the remodeling that had been done on the restaurant with the Building Inspector to determine that a permit had been obtained and that all city procedures had been followed. Motion by Co~ncilman Merkl "I move for approval of a new Class F beer and wine license for Paul Demott dba Pietra's Pizzeria at 9045 West 44 Avenue." Motion was seconded by Councilman Turner and passed 5-0. Item 21. A report from Dr. Burke, Jefferson County 911 Coordinator was taken up next. Two representatives explained the telephone company's plan for the whole metro area regarding 911. It wa5 explained that it would be cheapest to have one answering system at the county, instead of having different cities such as Lakewood and Arvada having their own system, and that the response time would be least with a unified system. It was stated that the County system could utilize a computer to determine instaneously the city the caller is located in and other information. It was stated that Lakewood and Arvada do not seem to want to participate in the County system and that plans for the system have now stopped until some agreement is reached. MINUTES - 1/26/76 - Continued -3- Ordinance amending Ordinance No. 50 perl~aining to weed conLrol was deferred until 2/9/76. Ordinance amending Ordinance No. 175 the pay ordinance to provide for new classifications of jobs and providing for fringe benefits previously approved by Council was scheduled for first reading. Ordinance No. 199 was introduced by COJncilman Merkl and the title was read. A Motion to amend the ordinance to delete Section 5. providing for 50% dependent coverage for health insurance was made. Mottoil Motion Turner by was and Councilman Merkl "I move we table this Ordinance one week." seconded by Councilman Hulsey and passed 3-2. Councilmen Cavarra voted "nay." Item 16. pertaining to the W. 32 Avenue walkway was next and Mr. Jerman stated that a Highway Safety Fund Grant had been approved for the project in the amount of $150,000+. he stated the federal government~eferred 8' width but he planned to explore modifications that would be allowed. He stated gutter and curbing is allowable for safety purposes and he recommended additional expenditure in engineering work on this project. Motion by Councilman Hulsey "I move this be tabled until additional information can come back on the criteria of the Federal and State government for the first meeting in March." Motion was seconded by Councilman Merkl and passed 3-2. Councilmen Turner and Cavarra voted "nay." Mr. Jerman gave +he budget report for December 1975 and stated there was $218,000 carryover in the general fund and that this money can be utilized any time and there is also revenue from the use tax that was passed after the budget had been drawn up. Item 20 pertained to a proposed 30" water main project by Valley Water District through the City of Wheat Ridge and a proposed agreement with the City including waiving the fee of a street cut permit and the Valley Water District will participate up to 50% of a 1" overlay on the streets with the City after the cuts have been repaired. Mr. Cochrell spoke for the Valley Water district. City Attorney Fox advised the Council that the District should pay the total cost of damage to the city streets. Mr. Fox is to prepare an agreement with his recommendations for 2/2/75. Motion by Councilman Merkl "I move to 12 o'clock this evening." Motbn Hulsey and passed 4-1. Councilman that t.he meeting be extended was seconded by Councilman Cavarra voted "nay " Information on the purchase of the Bosick property in conjunction with Lakewood for open space had been distributed (Item 19). Wheat Ridge will participate in the purchase without water rights in the amount of $28,000. Council Reports were made by the following Councilman Merkl announced February 21, 1975 at 1 p.m. there will be a meeting at the Wheat Ridge Grange for senior citizens to explain the City's property tax rebate program. Councilman Merkl gave a report of the Public Works Committee meeting regarding the 1975 Street Program. He stated they basicly recommend the staff's list of streets with the following changes Ward I.-Pierc St. at 35Ave. and 35Pl. and Teller the Denver Water Board will have some responsibility in that area. 39 Avenue Reed to , igh Court - curb and gutter repair policy will be the City take out the curb and the homeowners replace. Lamar Street is an addition. Walkway to be placed on W. 38 Avenue by the high rise. Ward II - Add W. 45 Avenue to Carr from Balsam. Ward III. - Deleted Nelson 32 Ave. to 35 Ave because of the Valley Water District project Vivian Sr. from 29 Ave. to 32 Ave. was added 3 Acre Lane paving was added. MINUTES - 1/26/76 - Continued -4- He mentioned the idea of taking out somE drainagE monEY to bE plaCEd into streets. He stated unpaved half streets should be paved by the City and unpaved streets would be paved by the City to continue present city policy on a 5 year plan schedule. Motion by Councilman Merkl "I move the 1975 street plan adopted by the Public Works Committee be presented to Mr. Hobbs to prepare a bid package to be brought back to Council at the earliest possible date." Motion was seconded by Councilman Hulsey and passed 5-0. Councilman Cavarra requested permission to attend the National League of Cities legislative conference at Washington D.C. March 14-15. Motion by Councilman Turner "I move we send Mrs. Cavarra to Washington." Motion was seconded by Councilman Merkl and passed 4-1. Councilman Howard voted "nay." Councilman Cavarra suggested discussing have a public relations expert come to Council to discuss promotion of retail sales for the City and what the City could do to promote such businesses. Motion by Merkl Co., Denver CO in 462.42 for quartz Councilman Hulsey "I move that we award the low bid to Sraybar Electric the amount of $4,511.35 to be charged to Account lights at Prospect Park.' Motion was seconded by and passed 4-1. Councilman Turner voted "nay." A resolutbn and an inter-governmental agreement approving, accepting and establishing the Tri-City-County Animal Shelter and Authority was scheduled. Motion to Amend by Councilman Turner "I move the agllEment be amended as follows On page 3 of agreement after 'total contributions' and on page 7 of bylaws after 'total contributions' and the following lOr that the following alternative be allowable That 80% of the facility as proposed be built and that each government have the option of using the remaining 20% to treat the problem of over population, that is, to subsidize veterinarians within the entity in the spaying and/or neutering of animals living within and owned by residents of such entity, thereby lowering the cost and making the service available to more animal owners.'" Motion was seconded by Councilman Cavarra and WAS DEFEATED 4-1. Councilmen Cavarra, Hward, Hulsey and Merkl voted "nay." Motion by Councilman Merkl "I move that we adopt the resolution and agreement authorizing the Mayor to execute the contract of intergovernment authority for the animal shelter." Motion was seconded by Councilman Hulsey and passed 5-0. Resolution No. 433 noted above in the ~Iotion authorizing participation in the tri-county-city animal shelter was introduced by Councilman Merkl and the title was read. Motion by Councilman Merkl "I move for adoption of Resolution No. 433." Motion was seconded by Councilman Hulsey and passed 5-0. Recommendation of the Park and Recreation Commission to hire consultants for the 1975 capital park improvement program, development of the historic park grounds and 3 tennis courts at 45 Avenue and Vance was scheduled. Motion by Councilman Cavarra "I move the tennis courts to be built from the funds of the developers of Wheat Ridge Plaza be located on the Wilmore-Davis Elmentary School property" Motion was seconded by Councilman Turner and WAS DEFEATED 3-2. Councilmen Hulsey, Mend and Howard voted "nay." Motion by Councilman Hulsey "I move we hire a consultant to develop the tennis courts at W. 45 Ave. and Vance as recommended by the Park and Recreation Commission and 2 of the courts be funded from the 1975 capital improvement fUlld and the other court be funded from the Wheat Ridge Plaza Development (fund.) Motion ~III'JLJT._S - 1/25/76 - Continued -5- wab beconded by Councilman Howard and passed 3-2. Councilmen Turner and Cavarra voted Ilnay.1l Motion by Councilman Merkl "I move we reappoint the 2 members (June SutUe and Mrs. H.B. Manning) to the Animal Control Commission." Motion was seconded by Councilman Hulsey and passed 5-0. Motion by Councilman Merkl "I move we appoint Mr Edgar Johnson to the Park and Recreation Commission." Motion was seconded by Councilman Turner and passed 5-0. Appointment of replacements on the Mass Transit Committee was deferred. A letter from Mr. and Mrs. H.D. S~hr requesting their names be taken off a petition objecting ~he proposed Lutheran Hospital rezoning matter was on the agenda. City Attornev Fox stated these people must be present at the hearing on the Lutheran rezoning and when the petition is presented they may give their reasons for removing their names. Meeting was adjourned at 12 midnight. / / . El~se 8rougham, City Clerk <~ED ~_ . ~/i C< /. / .. r"iINUTES - 1/26/75 - Continued - Page 6. STAFF RECOMMENDATIONS 1976 STREET IMPROVEMENT PROGRAM CITY OF WHEAT RIDGE, COLORADO TOTAL AMOUNT RECOMMENDED - 1976 CAPITAL IMPROVEMENT FUND - MILEAGE BASED ON ESTIMATED COST OF $40,000.00 PER MILE - ...... WARD I WARD I LOCATION (1) Pierce Street from 32nd to 38th . . . . . ..... (2) West 28th Ave. from Chase to Ames (gravel street) . (3) (4) .., 'f; (5) (6) 29th Ave. fron Sheridan to Fenton . ........ 28th Ave. from Pierce to Newland ~:...... v --;......: -{... L VI,. ""-;,. I.. 29th Ave. north on Otis St. to include CuI de Sac . ..... Teller Street from 29th to 32nd . . . . . . . . . . (7) 34th Place from Teller to W. 33rd, including intersec- tion pan area at Teller and W. 34th Place . . . . (8) Teller St. from 35th to 38th . . . . . (9) 39th Ave. from Reed to High Court (mav need Council dE:ision on curb and gutter repair) . . . . . (10) 38th from Pierce to She=idan . . . . . . . . . . . . . TOTAL WARD I........... ..... Ga....... ........... ..... ..... ... WARD II LOCATION WARCl II --- (1) (2) (3) W. 52nd from Ward Road to Tabor (joint project with Jefferson County) .................. W. 52nd f~om Tabor to Simms (gravel street -- joint project with Jefferson ~ounty) . . . . . . . . Robb Street from W. 48th north service road to City limits (Jefferson County to pave .16 mile from City limits boundary north to RidgE Road) . . . . . . . . . ,. S320,oOO 8.0 miles MILEAGE 0.5 0.2 0.3 0.3 #//~ 0.1 0.25 0.15 0.25 0.15 1.0 3.20 miles MILEAGE 0.5 0.1 0.2 ~/-:7. (f. !-1- ~ I., / ,-! L. i ~ Page -2- (4) (5) (6) (7) (8) (9) (10) ~lmUTES - 1/25/75 - Cortlnued - Page 7. W. 44th from Wadsworth to Harlan . i '_ I . Pierce St. from 47th to 48th . . . ...... ..... ...... ..... W. 48th from Pierce St. to Upham St. . . . . . . Balsam St. from 46th to 44th ..... . . . . . . . Carr St. from 44th to end of street .......... W. 44th Avenue at Clear Creek bridge Improve both approaches and shoulders .. . . . . . . . Robb St. from W. 44th to end of gravel street (gravel street -- Sod House access) ..... . . . TOTAL WARD II.................................................. WARD III WARD III LOCATION j(t (1) (-2+- (3) (4) (5) (6) (7) (8) (9) W. 38th Ave. from Lee St. to Youngfield Nelsen S-tr.eet---from 32nd to 35th .. . . l'~II' , - Rangeview Drive from Twilight Drive to Rangeview Circle. 31st Ave. from Morningside Drive to Hillside Drive . . . Twilight Drive from Hillside Drive to Rangeview Drive. . Dawn Cou~t from Twilight Drive to Hillside Drive . w. 34th Drive from W. 35th Ave. to Kipling . W. 41st from Everett to Dover . . . . . . . . . . . . . W. 42nd from ~ilmore Davis School boundary to end of gravel street (gravel street) ........... ..) .......--~...--. l-- -.... '- c (; TOTAL WARD IIl................~............................... John Ao Jerman, City Administrator Clyde E. Hobbs, Director of Public Works Jesse Russell, Chief Engineer January 16, 1976 JAJ pjk J 1.0 0.15 0.4 0.2 0.2 0.1 t-t:r.- 4~ 0.2 3.05 miles MILEAGE 1.75 0.25 .j.- ,. 0.1 . 0.1 0.15 0.2 0.2 0.2 0.1 3.05 miles NOTE In the event that the competitive bids fcr this work exceed the funds budgeted ($320,000), a Co~ncil decisicn will be required to either reduce the projects in each Ward or to appropriate additional funds for this purpose. ;-.~