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HomeMy WebLinkAbout02/09/1976 MINUTES February 9, 1976 The three hundred and sixteenth regular meeting of the Wheat Ridge City Council was called to order by Mayor Frank StitE at 7 30 p.m. at 4355 Field Street. Councilmen present were Hulsey, Larry Merkl and was absent. Mary Jo Cavarra, Joseph Donaldson, Calvin Louise Turner. Councilman Robert Howard Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Elise Brougham, staff and interested citizens. There being no additions or corrections to the Minutes of 1/25/76 and 2/2/75, they stood approved as published. Presentation of the winners in the Wheat Ridge Centennial Bicentennial Logo Contest was scheduled. Mary Calhoun of the Commission presented the winning logo design which was drawn by Jeff Gordon. Ted Erickson, co-chairman presented a $10 check to Sharon Langdon for second place, and a $5 check to Loyd Johnson for third place. Naomi Olson, commission member presented certificates of appreciation for 1st through 5th place and honorable mention for all entries. Certificates were also presented to the schools that participated. Item 10. Ordinance No. 198 adopting the new flood plain map by Wright McLaughlin was taken up next. Mr. Wright and Mr. Tagert from Wright McLaughlin were present to discuss their findings on the area at W. 32 Avenue and Vivian which had been questioned by residents as to being flood plain property. They stated they had done a field survey in the area and found the proposed flood plain basically correct, and that the boundary varied somewhat but they did not feel it was significant It was stated the map was based on a contour map at 2' intervals. Citizens who appeared who were concerned about the area and stated that in the past it. had been under wat.er were Mr. Jerry Hillenberg of 3391 Vivian Drive, Paul Dennis of 3384 Vivian Drive and Al Frank of 3372 Vivian Drive. Councilman Cavarra asked if the staff had the authority in the ordinance to determine the restriction of the flood plain when there was a question by using the map profiles also. City attorney fox stated he felt it could be enforced since the first sentence in the ordinance uses the word "profile." Ordinance No. 198 was introduced by Councilman Merkl on first reading and the title was read. Motion by Councilman Merkl "I move for the adoption of Ordinance No. 198 and order it published." Motion was seconded by Councilman Hulsey and passed 4-1. Councilman Turner voted "nay." Application for change of ownership of a Class G 3-way liquor license formerly known as Granny's West Inc. to Booze & Beans Inc. at 9110 West 44 Avenue. Court Report Ruth Carsh was present and took down the proceedings. It was considered a change of ownership by City Attorney Fox due to unusual circumstances. George Duckworth of 14095 Foothill Circle was the attorney representing the president of the corporation and sole stockholder Mr. Daniel Keys who was also present. It was mentioned that there had been remodeling in the building which is presently closed. Councilman Cavarra stated she would vote against the license becaJse she felt due to the extensive remodeling the concept of the establishment had been changed. MINUTES - 2/9/75 - Con~inued -2- Motion by Councilman Merkl "I move that the Class G liquor license with extended hours be approved for Booze and Beans Inc. dba Booze and Beans Inc. a f' 9110 Was! 44 Avenue " Motion was seconded liy Councilman Donaldson and passed 4-1. Councilman Cavarra voted "nay~ Motion bj Councilman Merkl "I move t.hat the plans be approved as presented." Motion Wdb seconded by Councilman Donaldson Motion to Amend by Councilman Turner "I move that the license not be issued until a statement from the Building Inspector is received stating that the plans are substantially the same as presented to Council." Motion was seconded by Councilman Hulsey and passed 4-1. Councilman Cavarra voted "nay." Question was called on the Amended Motbn and passed 4-1. Councilman Cavarra voted "nay." Application by Martha Moder for a final plat of Moder Subdivision at Reed Street between 31 Avenue and 32 Avenue was continued until 2/23/76. Application by the Planning Commission to amend Ordinance No. 98 Section 28-20 to allow storage of 3 vehicles when entirely enclosed within an opaque fence and cannot be seen for 300' in any direction at a height of 5', on residential property. It was suggested to revise the wording so the amendment would not be so cumbersome. Councilman Merkl directed that an ordinance be prepared incorporating this change. Application by the Planning Commission to amend Ordinance No 98 Section 30 to require a site plan, legal description and proof of ownership and $100 fee at the time of application, posting of the property would be the responsibility of the applicant with a sign provided by the City, and allowing only one postponement request by the applicant and future ones could make the request dropped Council felt that the fee should be raised and $150 was suggested, and that a refund should be allowed if no staff work had commenced. An ordinance was directed to be drawn up to incorporate these amendments. Resolution No. 434 authorizing the following consent action by Council was introduced by Councilman Merkl and was read Item 7. Bosick Property purchase agreement Consent Action Approve and authorize execution of Agreement by Mayor and authorize disbursement in the amount of $27,955.23 to be paid from the City's share of County Open Space Funds. Item 9. Extension of part-time sales tax inspection position fur 5 months from 2/17/75 to 8/17/75. Consent Action Approve ~tension. Motion by Councilman Merkl "I move for adoption of Consent Resolution No. 434." Motion was seconded by Councilman Hulsey and passed 5-0. Councilman Robert Howard was absent. Item 6. authorizing paving of W. 45 Avenue from Robb St. east to end of Lot 18 at an estimated cost in conjunction with thepaving by Robb Street Investments (Mr. Frank Callahan) paving of W. 45 Avenue by Western Paving east of Lot 18 was scheduled. Motion by Councilman Cavarra "I move we not enter into an agreement with Mr. CallahRn to cooperate with paving on W. 45 Avenue east to Robb Street, and that we put this into the city's bid package including the parking lot (for the historic park)." Motion was seconded by Councilman Hulsey and passed 5-0. Approval of the 1975 street improvement program as recommended by the City Council 5treet Improvement Commit,tee was scheduled The schedule is at tached to the Minutes. MINUTES - 2/9/7b - Continued -3- In answer to questions, Mr. Hobbs stated the drainage problem at 34 Place and Teller would be taken care of before paving and the property owners at 39 Ave. and Reed to High Ct. would be notified that the City would remove their curb. He stated that paving W. 44 Avenue Wadsworth to Harlan would not overlap the drainage project in that area. He stated on Robb St. along the Sod House the fence and yard "could stay at this time." On W. 38 Avenue, he stated there are different widths in the street such as 25' compared to 30' to 34' and he would establish an average to overlay. City Attorney Fox mentioned that he had just received information that the Denver Water Board will be working on Twilight Drive between Hillside Drive and Morningside Motion by Councilman Hulsey "I move we accept the Street Program (for 1975) supplied by the Public Works Department and the Stree!, Committee." Motion was seconded by Councilman Donaldson and passed 5-0. Ordinance No. 199 amending Ordinance No. 175 by changing some positions and amending certain fringe benefits was introduced by Councilman Merkl and the t,itle was read Motion by Councilman Merkl "I move for the 199 on first reading and have it published." Councilman Hulsey and passed 5-0. adoption of Ordinance No. Motion was seconded by Ordinance No. 200 repealing Ordinances 18 and 131 and providing for street cuts, permits and fees was introduced by Camcilman Donaldson and the title was read. Felix LePore of 4250 Balsam was pres ant to represent the Wheat Ridge Water District who stated under state law quasi-municipal districts are exempt from permit fees. City Attorney Fox is to compose amendments for the ordinance exempting the districts and see if water companies can be charged or if all of them require a uniform policy. Mr. Jerman also stated there is a problem for a private individual Motion by Councilman Cavarra "I move we pass Ordinance No. 200 on first reading with the intention of these changes to be incorporated on second reading." Motion was seconded by Councilman Hulsey and passed 5-0. Mr. Jerman stated there also is a problem for a private individual to hire a contractor to hook up their residence due to the bond and escrow requirement. Ordinance No. 201 amending Section 21 of Ordinance No. 98 providing for outside storage of vehicles enclosed within an opaque fence was introduced by Councilman Merkl and the title was read. Motion bv Councilman Merkl "I move for the adoption of Ordinance No. 201 on firstreading and have it published." Motion was seconded by Councilman Cavarra and passed 3-2. Councilmen Cavarra and Turner voted "nay." Ordinance No. 202 amending Ordinance No. 189 pertaining to off-street parking for commercial schools was introduced by Councilman Donaldson and the title was read. Motion by Councilman Merkl "I move for the approval of Ordinance No. 202 on first reading and have it published." Motion was seconded by Councilman Donaldson and passed 5-0. Ordinance No. 203 amending Ordinance No. 50 and 90 pertaining to weeds was introduced by Councilman Hulsey and the title was read. MINUTES - 2/9/75 - Continued -4- Motion to Amend by Councilman Cavarra "I move in 5ec Lion 1. after the words 'or existing thoroughfare' add the words 'and 15 not used as pasture area.'" Motion was seconded by Councilman Donaldson and passed 3-2. Councilmen Hulsey and Merkl voted "nay." Motion by Councilman Donaldson "I move for the adoption of Ordinance No. 203 (as amended)." Motion was seconded by Councilman Merkl and passed 4-1. Councilman Turner voted "nay." Councilman Turner had made a motion to amend the above ordinance to eliminate the requirement to cut weeds to the center line of the street by property owners to the edge of the property line, which died for lack of a second. Ordinance No. 204 permanently establishing the Parks and Recreation Commission was introduced by Councilman Cavarra and the title was read. Motion by Councilman Hulsey "I move that Ordinance No. 204 be adopted on first reading and have it published." Motion was seconded by Councilman Donaldson and passed 5-0. Ordinance No. 205 repealing Ordinance No. 55 and establishing new park rules and regulations was introduced by Councilman Merkl and the title was read. Motion to Amend by Councilman Hulsey "I move in Section 3. paragraph 3. be deleted in its entirety and the following be renumbered." Motion was seconded by Councilman Donaldson and passed 4-1. Councilman Turner voted "nay." Motion to Amend by Councilman Hulsey "I move Section 3. paragraph 5. be changed to read '5. Alcoholic Beverages - No fermented, vinous or intoxicating liquor of any kind shall be stored or consumed on any athletic field or playground within any park or recreat~n area. It shall be unlawful to sell beer within any park or recreation area except where permitted by concession agreement.'" Motion was seconded by Councilman Merkl and passed 5-0. Motion to Amend by Councilman Merkl "I move after Section 3. paragraph 3. 'Animals' that there be a new section (paragraph) as follows '4. Animal Leavings - The attendant of any animal brought into a park shall remove the excrement of such animal which is deposited in a municipal park.'" Motion was seconded by Councilman Hulsey and passed 4-1. Councilman Turner voted "nay." ~otion to Amend by Councilman Cavarra "I move that in Section 4. Penalties that the words 'three hundred dollars' be changed to 'one hundred dollars' and the following is deleted 'or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment.'" Motion was seconded by Councilman Hulsey and passed 5-0. Motion to Amend by Councilman Merkl "I move to strike section (paragraph) '18. Parent Responsibility' and renumber everything appropriately." Motion was seconded by Councilman Hulsey and passed 5-0. Motion to Amend by Councilman Merkl "I move under Section E. item 3. that the words 'waxing' of cars be deleted." Motion was seconded by Councilman Cavarra and passed 4-1. Councilman Turner voted "nay." Motion to Amend by Councilman Turner the last sentence be deleted." Motion Merkl and passed 5-0. "I move in Paragraph 3. 'Animals' was seconded by Councilman Motion to Amend by Councilman Cavarra "I move that the following sections be taken out '9. Destruction, 11. Firearms and 13. Fishing' with the provision Lhat 9 and 11 are to be incorporated into the penal code" Motion was seconded by Councilman Merkl and passed 5-0. MINUTES - 2/9/75 - Contirlued -5- IIIJ0tion to Amend by Councilman Hulsey "I mOVe there be a new 5ectim to read as follows 'Lighted fields - Artificially lighted athletic fields in the parks shall have the lights turned off at 10 00 p.m., however, an inning in process may be completed, but no inning will start after 10 00 p.m.'" Motion was seconded by Councilman Turner and passed 5-0. Motion by Councilman No. 205 as amended." passed 5-0. Merkl "I move for the adoption of Ordinance Motion was seconded by Councilman Hulsey and Motion by Councilman Merkl "I move to award the bid for 5 compact police vehicles to Jerry Roth Chevrolet Inc. in the amount of $29,000.88 to be charged to Account 520.10." Motion was seconded by Councilman Donaldson and passed 5-0. Item 19. was a reminder of the Mass Transit Committee/RTD meeting on 2/11/76 at 7 30 p.m., West Conference Room. Item 20 regarding Denver Water Board rate increase was deferred until 2/23/76. Mr. Jerman reported the annual report is tentatively planned for pub- lication in April. Mr. Jerman stated there is a Colorado City Management Assoc. conference 2/25-27/76 at the Brown Palace and invited the Council to attend. A discussion of HB 54 requested by Councilman Merkl was scheduled. It pertains to RTD and granting eminent domain powers to that District. Motion by Councilman Merkl "I move we direct Mr. Jerman to draw up a resolution stating opposition to Transportation Committee Bill 54." Motion was seconded by Councilman Donaldson and passed 5-0. Councilman Hulsev stated he was appointed to the Committee of Public Safety of the National League of Cities and they are to havea meeting 3/14/76 in washington D.C , and he requested permission to attend and also attend the Colo Municipal League Conference. Motion by Councilman Merkl "I move we send Mr. Hulsey to the conference." Motion was seconded by Councilman Turner and passed 5-0. Councilman Merkl requested that the volley ball players be requested to use the gym door exit instead of the front door while Council is in session Motion by Councilman Merkl "I move that the City of Wheat Ridge authorize payment for Workmen's Compensation for the calendar year 1976 in the amount of $16,843.00 to be charged to the following accounts 431 II - $160; 420.11 - $125; 422.11 $8,000; 423.11 - $297; 424.11- $2,000; 425.11 - $301; 440.11 - $500; 441.l1 - $150; 450.1l - $2,050; 451.1l - $400; 460.11 - $100; 461.ll - $300; 463.l1 - $400; 464.11- $300; 409.l1 - $10; 411.11 - $15; 415.ll - $20; 4l3.11 - $25; 412.11 - $20; 417.11 - $50; 4l8.11 - $20; 419.11 - $500; 430.11 - $100; 462.11 - $1,000." Motion was seconded by Councilman Hulsey and passed 5-0 Meeting was adjourned at 12 25 a.m. ~~~~ APPROVED / )q~/j}k )M3 ".:::'-i' .' -" . - - --- ~ ~ r AGENDA ITEM CITY COUNCIL STREET IMPROVEMENT COMMITTEE RECOMMENDATIONS FOR 1976 STREET IMPROVEMENT PRoGRA~EB 9 1978 CITY OF WHEAT RIDGE, COLORADO STUDY SESSION ITEM" h. WARD I WARD I LOCATION MILEAGE * 1. Pierce St. from 32nd to 38th 0.5 2. W. 28th Ave. from Chase to Ames (gravel street) 0.2 3. 4. 29th Ave. from Sheridan to Fenton . 0.3 28th Ave. from Pierce to Newland 0.3 0.1 5. 29th Ave. north on Otis St. to include CuI de Sac . 6. Teller St. from 29th to 32nd 0.25 **7. 34th Pl. from Teller to W. 33rd, including intersection pan area at Teller and W. 34th Pl. .... 0.15 8. Teller St. from 35th to 38th ............ 0.25 9. 39th Ave. from Reed to High Court (City to remove curb and gutter per City Council policy previously established, homeowner to replace) . . . . . . . . . . . . . . . . . . . 0.15 10. 38th from Pierce to Sheridan . . . . . . . ...... 1.0 11. Lamar St., 30th to 32nd (gravel street) . 0.14 TOTAL WARD I . . . . . . . . . . . . . . . . . . . . . . . . . 3.34 miles * At 35th Ave. intersection, 500 feet each way, request for improvement of area to be forwarded to Denver Water Board for revie~ and consideration for possible payment. ** Improvement of area set out in item 7 to be forwarded to Denver Water Board for review and consideration for possi- ble payment. "The Carna tWl1 City" February 5, 1976 .. City Council St~ t Improvement Committee Recommendations/~75/Street Improvement Program Page -3- --- WARD III WARD III LOCATION 1. W. 38th Ave. from Lee St. to Youngfield . . . . . . . 2. Rangeview Dr. from Twilight Dr. to Rangeview Circle . 3. 31st Ave. from Morningside Dr. to Hillside Dr. ...... 4. Twilight Dr. from Hillside Dr. to Rangeview Dr. 5. Dawn Court from Twilight Dr. to Hillside Dr. 6. W. 34th Dr. from W. 35th Ave. to Kipling . . . . . . . . . 7. W. 41st from Everett to Dover ..... 8. W. 42nd from Wilmore Davis School boundary to end of gravel street (gravel street) . . . . . . . 9. Three Acre Lane (gravel street) . . . . . . . . 10. Vivian Dr. from 29th to 32nd . TOTAL WARD III .... .... ..... ......... ... SUMMARY WARD I .... WARD II . . . . . WARD III . . . . . . TOTAL . . . . 3.34 3.15 3.19 9.58 miles City Council Street Improvement Committee 'Councilman Lawrence G. Merkl, Chairman Councilman Mary Jo Cavarra Councilman Calvin O. Hulsey ~~The Carnatwn Cz tV'" February 5, 1975 MILEAGE 1.75 0.1 0.1 0.15 0.2 0.2 0.2 0.1 0.14 0.25 3.19 miles