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HomeMy WebLinkAbout07/12/1976 MINUTES July 12, 1975 The three hundred and thirty-first regular meeting of the Wheat Ridge City Council was called to order by Mayor Frank Stites at 7 00 p.m. at 4355 Field Street. Councilmen present were Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Elise Brougham, City Treasurer James Malone and staff and interested citizens. There being no corrections or deletions to the Minutes of June 28, 1975 the Mayor declared they stood approved as written. Public Comment was made by Don Couch presented petitions calling for a Home Rule Election to Council He stated they had 750 signatures which was adequate based on the last regular election of the City total number of registered voters but would be very close based on more recent data from the County He requested a ruling from the City Attorney if the petitions should be accepted and amended with some additional signatures later. Later in the meeting City Attorney Fox stated that the greater number of signatures should be acquirediRas8d on the newest figures and that when the petitions are turned ,the City Clerk should verify them. He stated the determination would only be based on the signatures presented tonight and not on amended petitions with additional signatures. In view of the City Attorney's ruling, Don Couch withdrew the petitions at the present time. Item 2. was award of bid for storm sewer improvements in the City. Motion by Councilman Merkl "I move that the lowest and best bid be awarded to Pascal Construction Co. Inc. at 7500 West Mississippi, Lakewood CO 80225 for PW 75-2A-2B-2C, storm sewer improvements at a cost of $173,455.00 plus a 15% contingency of $25,019.75 for a total not to exceed $199,484.75 to be charged to Account 540.00." Motion was seconded by Councilman Donaldson and passed 5-0. Item 3. was 2 Council appointments to the Police Advisory Committee as follows Councilman Cavarra appointed Mr. Charles Hahn, 4051 Field Dr. Councilman Donaldson appointed Ray J. Sweeney at 7395 W. 35 Ave. Motion by Councilman Merkl "I move we ratify these appointments." Motion was seconded by Councilman Hulsey and passed 5-0. Item 4. was approval of DRCDG dues payment. Motion by Councilman Cavarra "I hereby move that the City Treasurer be authorized to pay the second half of the 1975 DRCOG dues in the amount of $2,050.00, and that, this payment be charged to Account 410.50." Motion was seconded by Councilman Merkl and passed 5-0. Item 5. was approval of an intergovernmental agreement regarding the County-wide 911 Emergency Communication System. Motion by Councilman Merkl agreement on the County wide sign the agreement." Motion passed 5-0. "I move for approval of the intergovernmental 911 System and authorize the Mayor to was seconded by Councilman Turner and Item 5. Resolution No. 459 was introduced by Councilman Donaldson and authorized the change in position of Secretary I to Clerk Typist II. in the Community Development Dept. The Resolution was read in full. MINUTES - 7/12/75 - Continued -2- Motion by Councilmdn Donald6on "I move for the adoption of Resolution No. 459." Motion was seconded by Councilman Hulsey and passed 5-0. Item 7. was the following resolutions which revoked approved liquor and/or beer licenses due to failure to const,ruct the premises within one year of approval. Resolution No. 450 was introduced by Councilman Cavarra and revoked a Class G 3-way liquor license for George Maxey Ray dba Old Timer Inn at I-70 & Kipling SW corner Said Resoltuion was read. Motion by Councilman Cavarra "I move Resolution No. 450 be approved." Motion was seconded by Councilmen Turner and passed 5-0. Resolution No 451 was introduced by Councilman Hulsey and a Class D retail liquor store license for Buel Albert Dunn Bunny's Bottle Liquor Store at 9900 block of W. 48 Avenue Resolution was read. revoked dba The Motion by Councilman Hulsey "I move Resolution No. 451 be approved." Motion was seconded by Councilman Donaldson and passed 5-0. Resolution No. 452 was introduced by Councilman Donaldson and revoked the Class J2 3.2% malt beverage license for Denver Pizza Inc. dba Pizza Hut at 7330 W. 44 Avenue and the Resolution was read. Motion by Councilman Donaldson "I move for the adoption of Resolution No. 452." Motion was seconded by Councilman Turner and passed 5-0. Resolution No. 453 was introduced by Councilman Merkl revoking the Class G 3-way liquor license for the Ambassador Seventy Development Corp. dba Tenstar Motor Hotel at 12150 W. 44 Avenue and was read. Motion by Councilman Merkl "I move for the adoption of Resolution No. 453." Motion was seconded by Councilman Turner and passed 5-0. Resolution No. 454 was introduced by Councilman Howard revoking a Class G 3-way liquor license for Annbole Inn Inc at 3935 Wadsworth and was read. Motion by Councilman Howard "I move for the adoption of Resolution No 454" Motion was seconded by Councilman Turner and passed 5-0. Item 1. an Ordinance repealing Ordinance No.2 and authorizing an occupation tax on telephone utility companies was scheduled. City Attorney Fox requested an Executive Session to discuss the amount of tax etc. An executive session was held and Council reconvened. The ordinance was acted upon later in the meeting. Public Comment was made by Bill Cornelison who complimented the City on the paving project on W. 38 Avenue from Lee to Youngfield. Item 8. was Case WZ-75-12 an application by MHRS Inc. for rezoning from Residential-Three to Restricted-Commercial-One at 5301 W. 44 Avenue. The property facing W. 44 Ave. was zoned R-C-1 and the request was for the back part of the property. The Planning Commission and Planning Dept. recommended approval. Charles Tatman was the owner of MHRS (Mile High Reporting School) and was present and stated they requested the rezoning so that the back half of the property could be used. Speakinq in Opposition was Norman A. Lasnetsky who owned apartments at 4445 Jay which backed MINUTES - 7/12/75 - Continued -3- onto thB property in qUBstion presented a petition with 24 signatures in opposition. Mr. Zwagerman determined that 1 property owner immediately on the North side of ihe property had signed, 2 adjacent on the East had signed and 12 people in the apartment complex had signed. Motion by Councilman Merkl "I move for approval of the rezoning request of MHRS Inc from Residential-Three to Restric+ed-Commercial- One at 5301 West 44 Avenue for the following reasons It was approved by the Planning Department and the Planning Commission." Motion was seconded by Councilman Hulsey and WAS DEFEATED 5-1. Councilmen Turner, Cavarra, Donaldson, Howard and Hulsey voted "nay " It,em 9. was a Public Hearing for an application by the City of Wheat Ridge Planning Commission to amend Ordinance No. 98, and repealing Section 25 by adopting a New Sign Code. Wayne Preston, Chairman of the Sign Code Committee was present. Dennis Zwagerman, Director of Community Development Dept. gave a presentation on the Code A Memorandum was also explained of recommendations of amendments from the City Council Community Development Committee. It was brought out that the size of the sign allowed will be based on the square footage of the building instead of store frontage. Public Comment was made by Phyllis Lancaster of 4075 Everett who stated the rest benches should be placed at bus stops etc, she was against a proliferation of signs along the interstate and stated there should be an amortization program for non-conforming signs to be taken down. Woody Curtis represented Eller Outdoor Advertizing Co. which was a billboard business and recommended that the 1 year relocation time limit within the B-1 District be deleted and the wording that the signs can never be replaced in that district be deleted. James Reynolds of 3040 Saulsbury stated Wheat Ridge was comprised mostly of small businessmen and he was in favor of the sign code. Donald E. Peterson of 3725 Holland stated he owned the portrait studio at W. 38 Ave. and Kipling and the signs were inadequate. Ordinance No. 214 amending Ordinance No. 98 by repealing Section 25 and providing for the regulation of signs was introduced by Councilman Merkl and the title was read. Motion by Councilman Merkl "I move for the adoption of Ordinance No. 214 and order it published." Motion was seanded by Councilman Donaldson. Motion to Amend by Councilman Cavarra "I move that Section 4.15 be amended by adding the following sections (b) On building fronts, 40' and under - 2 sq.ft. for each linear ft. of building frontage (40' building equals 80 sq. ft,. of sign.) (c) On building fronts 41' and up - maximum of 80 sq.ft. for first 40' plus % sq.ft for each additional one linear foot of building frontage (100 foot building equals 110 sq.ft., 200 ft. building equals 150 sq.ft., 300 ft. building equals 20 sq.ft. et,c)." Motion was seconded by Councilman Turner and TIED 3-3. Councilmen Merkl, Donaldson and Hulsey voted "nay." Mayor Stites voted "nay." (Motion did not pass.) Motion to Amend by Councilman Merkl "I move Section 7.09 be changed to read as follows 'No use may utilize more than a total number of three (3) signs (arcade signs are not counted toward the maximum, billboards are counted toward the maximum) per street frontage and provided no one use shall exceed a maximum number of five (5) signs.' Section 11.01 (b) change the fine to not exceed 'three hundred dollars ($300.00)' instead of '$100.00.' Section 11.02 change the word 'are' to 'is.'" Motion was seconded by Councilman Hulsey and passed 5-0. MINUTES - 7/12/75 - Continued -4- Motion to ArrlBnd by CouncilmelJ Cavarra "I move that Section 4.0b la) be amended to read as follows '(a) Maximum height 25 ft. provided that signs within (~) one-quarter mile of the Interstate Highwav that arB oriented to thB IntBrstate HighwaV may be higher than 25 feet provided ~he height, does not exceed the elevation of the Interstate plus 15 feet as measured at the center of the Interstate right-of-way directly above the centerline of ~he nearest of the following intersecting roadways Harlan, Wadswor~h, Carr, Kipling, Ward Road, W. 44 Avenue and W. 32 Avenue, in any event no free-standing sign shall exceed 50 feet in height I" Motion was seconded by Councilman Donaldson and passed 5-1. Councilman Hulsey voted "nay." Question Idas called on Motion to pass Amended Ordinance No. 214 and passed 4-2. Councilman Donaldson voted "aye", Councilman Howard voted "aye", Councilman Hulsey vot,ed "aye", Councilman Merkl voted "aye", Councilman Turner voted "nay", and Councilmal Cavarra voted "nay." Item 10. were suggestions from Council members for capital improvements for the 1977 budget. Mr. Jerman stated they could be submitted in wri ting also. Councilman Merkl stated that there was a drainage problem at West 35 Avenue and Reed. Councilman Hulsey requested looking into the purchase of a larger ambulance and mentioned drainage problems at W. 38 Avenue and Eaton to 41st and 44 Ave. Councilman Cavarra requesting that extending the Greenbelt be looked into. Item 11. was a report stating that no bids had been received on the remodeling of the front of the police building. It was stated that the building project could possibly be included in the 1977 police department budget. Motion by Councilman Donaldson at this time and that it possibly Motion was seconded by Councilman "I move we abandon the project be looked at at a later date." Merkl and passed 5-0. Item 1. Ordinance No. 215 repealing Ordinance No.2 and establishing an occupational tax for telephone companies was introduced by Councilman Donaldson and was read in full. Motion by Councilman Merkl "I Move for the adoption of Ordinance No. 215 and order it published." Motion was seconded by COJncilman Donaldson. Motion to Amend by Councilman Merkl "I move Ordinance No. 215 be amended by adding the following section 'Section 10. Emergency Clause. This ordinance is necessary for the health and welfare of the citizens of the City of Wheat Ridge, Colorado for the following reasons 1. The existing Ordinance No.2, Series of 1959, may be in conflict with State of Colorado Law. 2. The City of Wheat Ridge, Colorado based part of its 1975 budget on the revenue to be gained as the result of the enactment of Ordinance No.2, Series of 1959. 3. That the financial needs of the City of Wheat Ridge, Colorado require this enacting Ordinance to be effective as quickly and as orderly as possible.'" Motion was seconded by Councilman Donaldson and passed 5-0. Question was called on Motion to pass amended Ordinance No. 215 and passed 5-0. Councilman Cavarra voted "aye", Councilman Donaldson voted "ave", Councilman HOW'l'd voted "aye", Councilman Hulsey voted "aye", Councilman Merkl voted "aye" and Councilman Turner voted "aye." Item 12. was a request to increase the number of crosspan repairs etc. due to the fact there was additional revenue. It was agreed that Mr. Hobbs would come up with a list of improvements that he felt were the most important which could include crosspans, additional street overlay and/or drainage projects and would bring t;his before Council for approval. MINUTES - 7/12/75 - Continued -5- Councilman Turner reported thaL the Resource Recovery Program has been abandoned due to the conclusion that it is not economically feasible at this time. City attorney Fox reported he had received a letter from Lakewood Attorneys in regards to Lakewood taking over Consolidated Mutual Water Co. and recommended that this be scheduled next week for discussion. Item 13. was a distribution of the Street Improvement Committee Minutes for 7/1/75. Councilman Cavarra stated that it had been her understanding that no payment would be made for drainage work along Lena Gulch for construction easements but if land acquisition was involved that payment would be made. Councilman Merkl agreed. Councilman Howard stated the only way he would agree to purchase land in that area is if the City got use of the land by means of a walkway etc. Item 14. was announcement of the expiration of the term for P. Edwin Hester on 7/25/75 on the Civil Service Commission. Appointment is scheduled for 7/25/75. Mayor Stites stated he would like to continue serving on the Commission. Meeting was adjourned at 10 55 p.m. A closed session was held with the Council, Mayor and city staff to discuss employee matters. Elise Brougham, City Clerk APPROVED ,.},f_i~1 7 I ct.!: /f...., ) ~ ~; / .