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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 ........(