HomeMy WebLinkAbout08/09/1976
MINUTES
August 9, 1975
ThE thrEe hundred and thirty-third regular meeting of the Wheat RidgE
City Council was callEd to order by Mayor Frank Stites at 7 30 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 Att.orney
Maurice Fox, City Clerk Elise Brougham, staff and interested citizens.
There being no corrections or deletions to the Minutes of July 25, 1975
and August 2, 1975, the Mayor declared that they stood approved as published.
The Mayor req~ested that Item 5. regarding Brookside Ditch be moved
up as the first item on the Agenda since the man from the State Water
Conservation Board had to leave early. Council agreed.
Item 5. was a report on Brookside Ditch regarding the events that had
happened up to the time the State ordered that the ditch be shut off.
Mr. Bill Mattern of 3545 Chase, Deputy State Engineer of Field Operations
was present who explained that a ditch has an appropriation date
and the adjudication date is the authority for water, and that previous
adjudication dates have prior rights. He stated the State is the only
entity that has authority over water and that the Public Works Director
did contact the State on a water problem, but he was not responsible
for the ditch being shut off. When the report was investigated, another
ditch was found to be clogged up causing water to touch the road, but
the Brookside Ditch was ordered shut off because it was running out of
priority. In answer to a question, he stated Mr. Hobbs did contact
him on June 29, 1975.
Gerald Boatriqht, attorney of 4315 Wadsworth Blvd. and representing
Mr. Hobbs asked Mr. Mattern some questions. Mr. Mattern stated he
was contacted by Mr. Hobbs in August 1975 and on May 29, 1975. The
Clerk read a statement from Mr. Hobbs.
Dr. William Goddard of 11050 W. 41 Place whose property is on the
ditch expressed concern with the "personell problem" of the Director
of Public Works and the taxpayers who employee him and requested
clarification on some rumors he had heard.
J.E. Morrison spoke against the Director of Public Work's actions
in notifying the State.
Nancy Snow of 11155 W. 40 Avenue noted some sections of Mr. Hobb's
written statement regarding his knowledge of the ownership of the
ditch were erroneous and questioned why he contacted the State and
stated that the ditch on the ROW should have been cleaned out by
the City.
Comments and questions were made by the Council members, although
Councilman Merkl expressed his position that Councilmen Cavarra
and Turner had a conflict of interest since their property was on
the ditch.
Motion by Councilman Merkl "1 move that this Council find that Mr.
Hobbs was correct in his action, and that no further action be
taken by this City Council." Motion was seconded by Councilman
Donaldson and passed 4-1. Councilman Cavarra abstained.
Councilman Turner stated the City should be correcting the problem
by cleaning out the drainage along the ROWand Mayor Stites stated
this was in process. Councilman Cavarra requested that this be placed
on a future Agenda as a policy discussion on the City's responsibility
of cleaning and maint.aining drainageways along the ROW.
MINUTES - 8/9/75 - Continued
-2-
1.
Itemtwas a Public Hearing on the Land Use portion of the Comprehensive
Plan which had been deferred from 7/25/75.
Rosemarv 5tefanich turned in a letter regarding zoning of their property.
City Attorney Fox stated that Council did not act upon the Transportation
Section on 7/25/75 as presented from the Planning Commission and that
this must be done either in the affirmative or the negative. He
stated Council cannot make any significant changes in the Comprehensive
Plan as forwarded by the Planning Commission.
Motion by Councilman Hulsey "I move we table the Comprehensive Plan
until a Study Session." Motion was seconded by Councilman Howard
and passed 4-2. Councilmen Merkl and Turner voted "nay." It was
suggested that the Planning Commission be inllited to this meeting.
Item 2. Case WS-76-01 was application by Mobile Premix Concrete Inc.
for approval of a final subdivision plat for property located at 11900,
11930, and 12000 West 44 Avenue. Dave Shelley, Planner II. stated
the final plat does not differ from the preliminary plan and read a
lett,er from the Lee Baugh Ditch Co. stating they had no objection.
Mr. R.V. DeLuca of 2835 E. Euclid Place representing Mobile Premix
and Mr. Ed. Jenninqs, engineer of 2950 S. Fox were present.
Motion by Councilman Merkl "I move Case WS-75-01 final plat be
approved for the following reasons It was recommended for
approval by the Planning Commission and staff." Motion was seconded
by Councilman Hulsey and passed 5-1. Councilman Cavarra voted "nay~
Item 3. Case WSV-75-01 was an application by Industrial Lands Assoc.
for a waiver of the Subdivision Regulations which would allow one
Fotomat kiosk at Wheat Ridge Park N Shop Center at W. 38 Ave. & Wadsworth.
DaveShelley stated this is a waiver to the platting requirements.
Rus Bowie of 2320 S. University represented the Industrial Land Assoc.
Motion by Councilman Merkl "I move Case WSV-75-01 be approved and
that a right turn only sign be placed on the Westerly exit on W.
38 Avenue. The reasons for approval are that it was approved by
the Planning Commission and the Director of Development." Motion
was seconded by Councilman Donaldson and passed 5-0.
Item 4. Case WZ-76-14 was application by the Cress Building Corp.
for rezoning from Restricted-Commercial-One to Restricted-Commercial
at 5709-89 W. 44 Avenue. Barry Hudson, attorney was present and
represented the applicant. He stated they contemplated no structural
change in the building and the rezoning would allow additional retail
oppor tuni ties.
Speaking in Opposition were
Sheldon Fallenworth of 4175 Pierce who stated he was also
speaking for Frank Sheean, a neighbor who was ill. He read a letter
listing various items why they were opposed such as being close
to shopping areas and the safety of the street with increased traffic.
Anabell Doran of 4145 Pierce stated she agreed with the letter and
stated Pierce is very dangerous with school children especially in
the wintertime.
Donald Zollner of 4190 Pierce stated he agreed with the letter and
felt there was enough commercial land in the area.
Robert:! Flasko of 4440 Reed stat ed she agreed with the letter and
~hat rezoning ~his property would set a precedent for the area.
Motion by Councilman Turner "I move Case WZ-75-14 be denied for
the following reasons
1. The present zoning is consistent with the Land Use Plan.
2. There is citizen opposition present.
3. The citizens feel that the more restrictive existing zoni~g
is better suited to this neighborhood." Motion was seconded by Councllman
Cavarra and WAS DEFEATED 4-2. Councilmen Donaldson, Howard, Hulsey
and Merkl voted "nay."
MINUTES - 8/9/75 - Continued
-3-
Motion by Councilman Merkl "I move for approval of CasB WZ-75-14
for the following reasons It was recommBnded by the Planning Department
and thB Planning Commission." Motion was seconded by Councilman
Hulsey and passed 4-2 Co~ncilmen Cavarra and TUrnBr voted "nay."
Item 5. was Ordinance No. 217 amending Ordinance No. 40 by deleting
higher pay for special appointments and filling of vacancies was
introduced by Councilman Cavarra and the title was read.
Motion by Councilman Cavarra "I move for approval of Ordinance No.
217 on first reading." Motion was seconded by Councilman Hulsey
and passed 5-1. Councilman Donaldson voted "aye", Councilman Howard
voted "nay", Councilman Hulsey voted "aye", Councilman Merkl voted
"Aye", Councilman Turner voted "aye", and Co~ncilman Cavarra voted "aye."
Item 7. Ordinance No. 218 amending Ordinance No. 207 by deleting
the titles of Administrative Clerk, and using the title Clerk Typist
instead, adding the title Coordinator of Technical Services and
increasing the pay grade of Secretary III to Grade 19 was introduced
by Councilman Merkl and the title was read.
Motion by Councilman Merkl "I move for the adoption of Ordinance
No. 218 on first reading and order it published." Motion was seconded
by Councilman Donaldson and passed 5-0. Councilman Howard voted "aye",
Councilman Hulsey voted "aye", Councilman Merkl voted "aye", Councilman
Turner voted "aye", Councilman Cavarra voted "aye", and Councilman
Donaldson voted "aye."
Item 8 Ordinance No. 214 was Amending Ordinance No. 98 on second
reading by repealing Section 25 and adding a new sign code section.
The ordinance was introduced by Councilman Merkl and the title was
read.
Attorney Richard Holm representing Woody Curtis of Eller Outdoor
Advertizing spoke in regard to the billboard section of the ordinance.
He stat~due to spacing requirement, loss of lease that is irreplaceable
and reasonable locations to place billboards, that the ordinance ~
actuality restricts the feasible number to 13. They recommended an
amendment to remove the time limit of 1 year for relocation of boards
in the B-1 section and removing the section prohibiting replacement
of billboards in B-1.
Motion by Councilman Merkl "I move for the adoption of Ordinance No.
214 on second reading and order it published." Motion was seconded
by Councilman Hulsey.
Motion to Amend by Councilman Turner "I move that Section 7.08 be
amended by adding the follOWing 'No bench with advertizing shall
be placed in a residential zone unless it is on an existing bus route.'"
Motion was seconded by Councilman Hulsey and passed 4-2. Councilmen
Merkl and Howard voted "nay."
Question was called on Motion to pass amended ordinance and passed
4-2. Councilman Merkl voted "aye", Councilman Turner voted ~ay",
Councilman Cavarra voted "nay", Councilman Donaldson voted "aye",
Councilman Howard voted "aye", Councilman Hulsey voted "aye."
Item 9. was Ordinance No. 216 amending Ordinance No. 151 by establishing
new license and permit fees which was introduced by Councilman Cavarra
and the title was read.
Motion by Councilman Cavarra "I move for the adoption of Ordinance
No 216 on second reading and order it published." Motion was seconded
by Councilman Hulsey and passed 6-0. Councilman Merkl voted "aye",
Councilman Turner voted "aye", Councilman Cavarra voted "aye", Councilman
Donaldson voted "aye", Councilman Howard voted "aye", Councilman Hulsey
voted "aye."
Item 10. were Resolutions to revoke approved liquor licenses that were
not in operation since they had been approved.
MINUTES - 8/9/76 - Continued
-4-
Resolution No. 465 revoking the Class [ drug store liq~or license
for 5arad Drug Inc. at 10125 W. 37 Place was introduced bV Councilman
Merkl and was read.
Motion by Councilman Merkl "I move for the adoption of Resolution
No. 465 and order it published.~ Motion was seconded by Councilman
Donaldson and passed 5-0. *Note Resolutiorn are not published.
Resolution no. 455 revoking the Class G liquor license for Frank
Granato dba Granato's Restaurant and Lounge at 5117 W. 38 Avenue
was introduced by Councilman Donaldson and was read.
Motion by Councilman Donaldson "1 move for the adoption of Resolution
No. 455." Motion was seconded by Councilman Howard and passed 5-0.
Mr. Jerman read a Memo from the Employee Council stating they decided
to have a picnic for only city employees on 8/15/75 and recommended
that Council members and borad and commission members proceed with
plans for the August 1st Historical Society picnic. They also
asked the city to support their picnic financially. Several Council
members stated they wanted to have a city picnic where the citizens
were invited also as had been done in the past.
Motion by Councilman Turner "I move we should support eh employee
picnic with fundinq from Account 410.55 not to exceed $250.00."
Motion was seconded by Councilman Cavarra and was DEFEATED 4-2.
Councilmen Hulsey, Merkl, Donaldson and Howard voted I'nay."
Item 11. was award of bid for the concrete slab and other work for
the restroom and concession building at Prospect Park. Mr. Jerman
stated there would be an additional cost for soil compaction and sample
tests.
Motion by Councilman Merkl "I move that the lowest and best bid
be awarded to Item I (earthwork for building site preparation)
Hardrock Enterprises at 11510 W. Colfax, Lakewood for earthwork
at a cost not to exceed $1875.00 to be charged to Account 547.00.
I further move that the lowest and best bid be awarded to Item II
and Item III (Installation of plumbing and bldg. drains AND construction
of bldg. foundation and slab) Campbells C-Ment Contracting Inc. at
5350 Wadsworth, Arvada, CO for plumbing & cement slab at a cost not
to exceed $8299.00 for a total of $10,174.00 to be charged to Account
547.00." Motion was seconded by Councilman Turner and passed 5-0.
Item 12. was approval by Council of final payment of Street Improvement
Project PW 75-2 for $24,459.09 to Asphalt Paving. The notice of
final settlement had been published and no claim had been submitted.
Council approved the payment.
Mayor Stites handed out the proposed 911 System for the County
and requested comments by next Monday (8/15/75.)
Item 13. was request for authorization ~ Council to allow Chief Pinson
to attend the International Assoc. of Chiefs of Police Conference in
Miami, FL at a cost of~72. Discussion arose if he had attended any
other out of state conferenc~ this year.
Motion by Councilman Howard "I move we table this item for 2 weeks."
Motion was seconded by Councilman Cavarra and passed 5-0.
Councilman Turner requested the following ordinances be prepared by
the City Attorney
1. An ordinance
responsible to cut weeds
2. An ordinance
City's responsibility to
3. An ordinance
City Treasurer.
4. She requested that the
Davis CA to obtain a copy of their
to energy conservation. She stted
to amend the weed
on the City ROW.
amending the tree ordinance making it the
cut trees along the ROW.
making the Budget Officer responsible to the
ordinance making the City
Planning Dept write the City of
Comprehensive Plan on items relative
she would like the goals and objectives
MINUTES - 8/9/75 - Cont,inued
-5-
of the City's comprehensive plan to be amended to add energy and
water conservation.
Motion by Councilman Cavarra "I move that sidewalks and/or bikeways
which have been constructed by city funds for the safety and welfare
of pedestrians and cyclists shall be maintained by the city. All
others shall be the responsibility of the adjacent property owners."
Motion was seconded by Councilman Turner and was DEFEATED 4-2. Councilmen
Hulsey, Merkl, Donaldson and Howard voted "nay."
Councilman Howard Bsked how the proposed annexation of the Mobile
Premix land was progressing. City Attorney stated th~ are agreeable if there is
a rezoning in conjunction with the annexation. He stated he would
like to ret.ain an engineering firm to draw up the legal description
etc. Mr Jerman was requested to bring back a report on doing the
engineering work with the City staff and using outside consultants
and to bring in revenue figures the City would gain with the annexation.
Item 14. was the determination by the City Clerk of the legality of
the petitions turned in for the Home Rule Election and the setting
of the election date.
Motion by Councilman Cavarra "I move that the City Council of the
City of Wheat Ridge set an election calling for the question of forming
a Home Rule Charter Commission and electing commission members to be
to bB held in conjunction with the general election on 11/2/75 and
direct the City Clerk to work with the County Clerk Norman Allen in
this regard, and direct the City CIBrk to publish a notice of election."
Motion was secondBd by Councilman Turner and passed 6-0.
Meeting was adjourned at 12 20 a.m.
A.
I,
:-i:Se
, .
{ vi:::
Clerk
APPROVED
........(