HomeMy WebLinkAbout11/08/1976
MINUTES
November 8, 1975
t,V'
The ~hU<<d;~t:J and forty-second 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 attending were Mary Jo Cavar~a, 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,
staff and interested citizens.
Public Comment was made by
Ben Chastain of 3250 Marshall stated 3 citizens had told him
who voted in the General Election and lived in precincts that were
part in Wheat Ridge and another city that they had received ballots
which were the same as the ballots that Wheat Ridge residents receiveD
in voting for the Home Rule Charter Question instead of ballots for
the bordering city.
Bonnie Scoma of 2859 Gray stated she voted in one of these borderline
precincts and the judge did not seem to be properly informed and
that some people did vote on the wrong ballot.
The City Clerk stated that these things could be checkpd with Norman
Allen, County Clerk who had records of the election and that there
was a special judge paid for by the City who was to check addresses
so the voter would receive the proper ballot. She also stated if
the proper ballot was received, even if the Home Rule Question was
voted on, the computer would not count that particular vote.
City Attorney Fox stated he would check with Mr. Allen at the County
on this problem, and req~ested an Executive Session after the meeting
on the subject.
Public Hearing was held on an application for a \lew 3.2% package beer
license for Southland Corp. dba 7-11 Store at 7750 W. 38 Ave. Attorney
Cd Manole represented the applicant. It was stated that there had
been an existing 3.2 package beer license on the premises which had
expired when the business went out of business and had been allowed
under the current PCD zoning.
The following witnesses were questioned by the attorney District
Manager Gale Emory of8901 Huron, Don Valentine of 4725 W. Quincy anD
JoAnn Howe, Store Manager residing at 5350 Everett. She stated she
circulated Exhibit #1 which was a petition for the license.
John McDewitt of 4785 Dudley stated he circulated Exhibit #2. Robert
Smith, Jeffrey Cheek and William Huff of 5315 Everett circulated
Exhibits #3,4 and 5 respectively. A short Executive Session W8H
called by the City Attorney and the Council reconvened and the Exhibits
were accepted by the City.
No one appeared in opposition.
Motion by Councilman Donaldson "I move that Council approve the new
3.2 package beer license for the Southland Corp. dba Seven-Eleven
Store at 7750 W. 38 Avenue, Wheat Ridge, CO." Motion was seconded
by Councilman Hulsey and passed 5-0.
Item 2 & 3 was renewal of 3.2 beer licenses
Motion by Councilman Merkl "I move that Council approve the renewal
of the 3.2 beer licenses fuc" the Southland Corp. store at 6595 West 44
Ave. and t he Tenneco O:l:l Co. Store at 12700 W. 32 Ave" Motion was
seconded by Councilman Donaldson and passed 6-0.
Item 4 was renewal of various 1 quor lL.er, ,s as folln'd
MINUTES - 11/8/76 - Continued
-2-
Molion by Councilman Merkl oI move thai Council approve the renewal
of the Clas5 G with extended hours license for Hobo Inc. dba Porr
of Entree West at 4105 Wadsworth and I further move that the manager
Dana Dutton be approved.o Motion was seconded bV Councilman Donaldson
and passed 5-0.
Motion by Councilman Cavarra oI move that Council approve the renewal
of the Class G with extended hours license for J&E Corp. dba Valente's
Italian Restaurant at 5995 West 38 Ave.o Motion was seconded by
Councilman Hulsey and passed 5-0.
Motion by Councilman Turner OI move that Council approve t,he renewal
of the Class G licenses for the following Twenty Six Twenty Five
Corp. dba Paramount Lanes at 2525 Kipling, Wheat Ridge Lanes at
6595 W. 38 Ave., and Mon Petit French Restaurant at 700Q W. 38 AV8~
Motion was seconded by Councilman Merkl and passed 5-0.
Motion by Councilman Donaldson "I move that Council approve the
renewal of the following Class E drugstore package malt, vinous and
spirituous liquor licneses T.H. Harkne~B dba Paramount Pharmacy
at 10041 W. 25 Ave., Wadsworth Drug Inc. at 7397 W. 44 Ave."
Motion was seconded by Councilman Hulsey and passed 5-0.
Motion by Councilman Hulsey OI move that Council approve the ren8wal
of the following Class D retail liquor store licenses Applejack Liquors
Inc. at 3320 Youngfield St., Barnes Investment Co. dba Prk-N-Pik
Liquors at 9345 W. 44 Ave., Lakeside Liquors at 5820 W. 44 Ave., and
Hillcrest Liquors at 4403 Wadsworth Blvd." Motion was seconded by
Councilman Donaldson and passed 5-0.
Motion by Councilman Merkl oI move that Council approve the renewal
of the Class F beer and wine license at Cugino's Italian Restaurant
at 5807 W. 38 Avenue." Motion was seconded by Councilman Donaldson
and passed 5-0.
Item 5. Resolution No. 479 adjusting appropriations in the General
Fund and Capital Improvements Fund was introduced by Councilman
Donaldson and was read. Councilman Hulsey requested that item 17
be taken up prior to action on the Resolution.
Item 17. was a report from the City Council Street Improvement
Committee Meeting of 10/28/75. #2 on the report was recommendation
for consturction of walkways on W. 44 Ave. north side from Kipling
St. to Robb, 44 Ave. Wadsworth to Everett Drive and W. 38 Avenue
fro Kullerstrand to Robb St. The recommendation of putting in a
pipe on W. 44 Ave. for 3450' at an estimated cost of $34,500 was
questioned. Also putting in a duplicate walkway on W. 38 Ave
was questioned.
Motion by Councilman Hulsev "i move we authorize the following
projects #1. W. 44 Ave. from Wadsworth to Everett Drive and
#2. W. 44 Ave. from Robb St. to Kipling for construction of walkway~
for an amount not to exceed $15,000 to be charged to Account 542.00~
Motion was seconded by Councilman Cavarra and passed 5-0.
Motion by Councilman Donaldson "I move for adoption of Resolutior
No. 479." Motion was seconded by Councilman Cavarra and passed 6-[.
Councilman Merkl voted Oaye", Councilman Turner voted "aye", Councilman
Cavarra voted "aye", Councilman Donaldson voted "aye", Councilman
Howard voted "aye" and Councilman Hulsey voted "aye."
Item 5. Ordinance No. 221 amending Ordinance No. 13 pertaining to
Occupational Liquor Tax by adding a tax for Class T Tavern Licenses
was introduced on second reading by Councilman Cavarra and the titls
was read.
Motion by Councilman CaJarra OI move that Ordinance No. 221 be
approved on second reading and order the Clerk to publish it II
Motion was seconded by Councilman Merkl and passed 6-0. CouMcilman
Howard voted OayeO, Councilman Hulsey voted OayeO, Councilman Merkl
voted "aye", Councilman Turner voted OayeO, Councilman Cavarra voted
Oaye" and Councilman Donaldson voted "aye.o
MINUTES - 11/8/75 - Continued
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Item 7. Resolution No. 480 correcting Resolution No. 470 wa5
introduced by Councilman Merkl and the Resolution was read.
Motion by Councilman Merkl "I move for the adoption of Resolution
No. 480 and order it published." Motion was seconded by Councilman
Donaldson and passed 5-0. Councilman Turner voted "aye", Councilman
Cavarra voted "aye", Councilman Donaldson voted "aye", Councilman
Howard voted "aye", Councilman Hulsey voted "aye" and Councilman
Merkl voted "aye."
Motion by Councilman Turner "I move that the portion of the previous
motion referring to publication which is not necessary be rescinded.'
Motion was seconded by Councilman Merkl and passed 4-2. Councilmen
Howard and Merkl voted "nay."
Item 8. Resolution no. 481 which amended ReDlution No. 471 proposing
annexation of the property at Clear Creek and Youngfield to the City
by setting new public hearing dates on the annexaion was introduced
by Councilman Merkl and was read. The Public Hearing dates set
were January 10, 1977 and December 13, 1975.
Motion by Councilman Merkl "I move for the adoption of Resolution
No. 481 and order it published." Motion was seconded by Councilman
Donaldson and passed 5-1. Councilman Turner voted "nay."
Item 8.A. was approval of an agreement with RTD for bus shelters
on W. 38 Ave. and the Lutheran Hospital and at Highland West Apts.
City Attorney Fox stated the wording had been revised to his satisfaction.
Motion by Councilman Cavarra "I move that the Council approve the
Mayor entering into an agreement with RTD for construction of bus
shelters." Motion was seconded by Councilman Merkl and passed 5-0.
Item 9. was approval of an agreement with Alexander Grant & Co. for
computer services for the City's accounting system.
Motion by Councilman Cavarra "I move the Mayor be authorized to enter
into an agreement with Alexander Grant & Co. for computer services for
the City accounting system to be charged to Account 415.32." Motion
was seconded by Councilman Hulsey and passed 4-2. Councilman Turner
and Howard voted "nay." Councilman Howard stated he objected to the
fact that bids had not been sought.
Item 10. was consideration of the proposed Pay Incentive Plan Concept
as recommended by the Personnel Commission and Civil Service Commission.
Motion by Councilman Cavarra; "I move that the City Council approve
the concept of the proposed pay incentive plan as proposed by the Civil
Service Commission and Personnel Commission and instruct the staff
to draw up necessary amendments of the Personnel Rules and ordinances
involved and I further move that these amendments be reviewed in depth
with the employees prior to submission before Council." Motion was
seconded by Councilman Hulsey.
Motion to Amend by Councilman Turner "I move the full amount of unused
sick leave be allowed to be carried over." Motion was seconded by
Councilman Hulsey and passed 5-1. Councilman Howard voted "nay."
It was clarified that the intent was that no cash payment would be
made for sick leave except upon retirement on a 2 for 1 basis.
Motion to Amend by Councilman Cavarra "I move that in the event of
death of an employee, the amount of accumulated sick leaVE not be payable
to the estate." Motion was seconded by Councilman Merkl and WAS DEFEATED
4-2. Councilmen Turner, Howard, Hulsey and Merkl voted "nay."
Motion to Amend b~ Councilman Turner "I move longevity be continued
as presently outlined for those persons presently hired under the existing
longevity policy." MOTION DIED FOR LACK OF A SECOND.
Question was called on Amended Motion to adopt the concept and passed
4-2. Councilmen Howard and Turner voted "nay."
MINUTES - 11/8/75 - Continued
-4-
Item 11. was approval of installation of three hundred and forty fest
of curb, gutter and 5idewalk on the north sidE of W. 35 AVE. betweEn
Jay and Marshall 5t. for drainage purpose5. Councilman Turner questioned
the advisability of the curb and felt a retaining pond should be made
in the field where the water goes now. Councilman Howard objected
to using taxpayers money to install curb and gutter and asked what
provisions were in the state law to provide for assessment to the
property owner.
Motion by Councilman Merkl
for a motion 1,0 be drawn up
by Co~ncilman Donaldson and
"I move we
by the City
passed 5-0.
table this item for 2 weeks
Attorney." Motion was seconded
Item 12.was the setting of the first Home Rule Charter Commission
Meeting by City Council according to State Law.
Motion by Councilman Merkl "I move that the first meeting of the
Home Rule Charter Commission be held on November 13th, 1975 at 2 30 p.m.
at 4355 Field Street, in the llJbert E Anderson Community Bldg. in Wheat
Ridge Park. I further move for the appointment of Wayne Preston as
Temporary Chairman." Motion was seconded by Councilman Donaldson.
It was requested to split the Motion into the vote for the meeting
date and the vote for the temporary chairmanship. Councilman Merkl
agreed to this.
Question was called on the Motion to set the meeting time and passed 5-0.
Question was called on the appointment of temporary chairmanship of
Wayne Preston and passed 4-2. Councilmen Cavarra and Turner voted "nay."
Mayor Stites announced Item 19. which was notice of Public Meeting on
11/11/75 at 7 30 p.m. at the Arvada Municipal Building concerning a
facility for wastewater management in the Clear Creek Basin which
included a proposal for construction of a wastewater treatment plant
near Youngfield St. and W. 40 Ave.
Item 13. was a request for the Director of Community Development to
be speaker at a seminar in Nebraska, with the expense to be paid
by the Panhandle Resource Council, (COG) Scotsbluff, NB.
Motion by Councilman Merkl "I move that City Council allow Dennis
Lwagerman, Director of Community Development to attend a seminar and
be a speaker sponsored by the Panhandle Resource Council on land
use planning from November 15-19, 1976 with the City expense not to
exceed $25.00 and the use of the city automobile." Motion was seconded
by Councilman Donaldson and passed 5-0.
Councilman Turner asked for clarification if this would qualify for
the yearly out-of-state trip allowed department heads, and it was felt
this would not qualify but that Mr. Zwagerman had not attended an
out of state conference this year anyway.
Item 14. was a request to have a public hearing date set for the alleged
liquor violation at Rockette Bar.
Motion by Councilman Turner "I move that Council set a Public Hearing
for December 13, 1975 for an alleged liquor violation at Rockette Bar."
Motion was seconded by Councilman Merkl and passed 5-0.
Councilman Turner brought the question of whether or not the City
codified ordinances should be adopted by reference by an ordinance.
City Attorney Fox stated this could be done as soon as the book is
brought closer up to date with supplements. City City Clerk announced
a new supplement had just been received.
Councilman Howard stated the City of Arvada is receiving funding
for preliminary design of the Kipling corridor and stated this would
definitely affect Wheat Ridge, and suggested that meetings be set
up with the Arvada Planning Dept. and an impact study needs to be
done. Mr. Jerman is to check on this.
MINUTES - 11/8/75 - Continued
-5-
Item 15. was appointments to the Board of Adjustment due to term
expiraUon.
Motion by Councilman Turner "I move that Phyllis Lancaster be
appoinLed to the Board of Adjustment as an Alternate." Motion was
seconded by Councilman Cavarra and TIED 3-3. Councilmen Howard,
Hulsey and Merkl voted "nay." Mayor Stites voted "nay" and MOTION
WAS DEFEATED 4-3.
Motion by Councilman Merkl "I move that Mike Boorman be reappointed
as an Alternate on the Board of Adjustment." Motion was seconded
by Councilman Hulsey and passed 5-0.
Motion by Councilman Donaldson "I move that James Reynolds be
reappointed to serve on the Board of Adjustment." Motion was
seconded by Councilman Merkl and passed 5-0.
Item 15. was appointments to the City Identity Committee.
Councilman Cavarra appointed Mr. James Rogers of 3885 Robb.
Councilman Donaldson appointed Mrs. Elaine Slattery of 5859 W.32 Ave.
Councilman Merkl appointed Mrs. Phyllis Rice of 4130 Reed.
Mayor Stites appointed Mrs. Barbara Davis of 8080 Melrose Lane.
The other Councilmen are to make their appointments within 2 weeks.
Item 18. was a report from the Council Community Development Committee
One of the recommendations was the formation of a Zoning Ordinance
Committee.
Motion by Councilman Cavarra "I move that Council author~ze the
establishment of a zoning ordinance committee comprised 03 representatives
of the board of Adjustment, 3 representatives of the Planning Commission
and 3 from the general public, with 1 appointment to be made by the
2 Councilmen from each Ward and that the function of this Committee
is to review the rough draft of the zoning code once the Planning
Commission has put it together." Motion was seconded by Councilman
Donaldson and passed 5-0.
Another recommendation
at a Study Session #3 a
all changes of uses and
in the report was recommended to be discussed
policy for requiring zoning certificates for
occupants for all comercial and industrial uses.
Meeting was adjourned at 10 30 p.m.
An Executive Session was held afterwards on land acquisition matters
and other items.
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APPROVED
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A(-Y
, ';,,1'_
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I "
\L.li~uA ITEM f7~
NOV 8 1976
MINUTES - 11/8/75 - Continued - Page 6.
') TUDY SESSION ITEM
CORRECTED
(11-3-75'
['1 HJUTES
CITY COJNCIL STREET I'-iPRu'Jd',t:H Cmi~1ITTEE MEETING
October ::' '3, 1 Ijq5
The Council Street Impro~ement Co~mittee meeting convened Thursday,
October 28, 1975, at 12 noon at Valente's Restaurant. (Councilmen Herkl,
Hulsey, Turner, City Administrator, Clyde ~. Hobbs, Mayor were presEnt)
1. Public Works Director recommended that no additions be consioered to
the 1975 Street Imorovament Program at this time other than the two
possible projects already discussed, namely, W 34th Pl. from Teller to
33rd & Reed, and Allison Court from W 38th south to include thE cuI de
sac terminus He stated that the City should complete those areas a~ready
committed and that t~e full cost of the current prog~am could not be
finally determineD at this ti~e. The Committee concurred.
2. The Committee recommends that top priority for the construction of
pedestrian pathways should be W 44th north side from Kipling St
westerly to Robb St in order to serve the Fruitdale School students,
and from Yarrow to Clear Creek to SErve students attending Wilnore-Davis
Elementar} School The Director of Public Works will survey this area and
determine the cost involved
3. The Committee d~rected that the staff investigate the installation of
a low cost footbridge to be installed by Everitt Jr High across Clear
Creek in the vicinity of Independence Ct. It was indicated that volunceer
help through the Boy Scouts cr other organizations might be available to
do this work and that the brkdge could probably be installed for $1,000,
or less.
4. The Committee also discussed the possibility of a footbridge installa-
tion over Lena Gulch at Simms Street to helD students attending Pros-
pect Valley and huller strand Elementary Schools Staff was directed to
investigate the cost and feasibility of this installation
5. Recommended the installation of curb, gutter, sidewalk (hollywood style)
on W. 3~th Ave , north side Puolic Works Director stated that the area
in question was 340 feet in distance and would cost $3800, including the
10% contingency.
6 The Committee recommends the installation of concrete drainage pan on
the south side of W. 38th Ave from Pierce to Newland St as recom-
mended by the Public Works Deoartment The Director indicatej that ~hE
staff had investigated the mat~er and that appro~imat21y 900 feet of con-
crete pan was necEssary and would cost approximately $5,000, including a
10% contingency
7. Some discussion took pl ace concerning enforcement of the em~lo\lee oark-
ing regulations at the Police Building, and the requirement that all
employees park their personal vehiclES at the leased area near the o~rls'
gymnasium on W. 44th Dve The Cit~ ndm~nistrator will take the nac~ssar~
steps to obtain compliance througn the ChiEf of Police
8. Some discuss~on took olacE concerning the need to overlay Carr Street
from 38th to 41st and to Tepair damaged and deteriorated crosspan 3nd
radii in the vicinity of 39th and Allison TnE Director of Public WDr~s
stated that he was aware of theSE conditions and that they should bE in-
cluded in the 1377 Street ImproJement Program
/7
ThE Committee adjournEd at 1 10 ;J.m~
// /7<< t--:;J---C --c~<-: c<
Councilman LawrenGE U
//- ?+-?~
//' /
(date)
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M' '1 r'h'--
j El' , wi .Jl..l.. fTl~fl
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WHt:f.\T BIDGE -
To
City Administrator
From
Subject Walkway Cost Estimates
Data
Approved
Date
J-liE!I\l!....R.' "1\ID' .~.
Ih IV.\') J"lh U.'~I
---------.----.--.-----
Di r'ector of Public Works
lvove,71ber 4, "976
Attached is a copy of the wa1kway cost estimate that were discussed
on October 28, 1976 by the Street Improvc,ment ComlT'.itree
If Mayor and Council wish to consider an 8' walkway 'nstead ~f the
4', they should take and double the prlce per lineal fcot w.'1ich would
be $4 18 per lineal foot instead of ~2 09
The distances shown on items 1, 2, and 3, are scale distances from
llEpS and are not actUal field measured distances
C?_'-<-/c '--<-- 8 4L: 4_ ~L_-
Clyd,i E Hobbs
Date
1/ - <.., / - / ( 1
----
CEH/lt
Attch Memo dated November 4, 1976 from Engineering Division
NOTE
**
If 8' walkway is considered, do not d8uble th~ items
marked with two asterisks on tne~tached memo
"
CITY OF \IVHEAT RIDGE _
MEMORANDUM
To
Public Works Director
From
Date
Chief of Engineer_ng
November 4, 1976
Subject
Walkways Cost Estimate
Approved
Date
Based on a cost of
for a four foot by
estimate costs are
approximately $2 09 per lineal foot
two inch thick asphalt wal~way,
as follows
1 44th Avenue - Wadsworth to Everett Dri,~
2500 Lin Ft
2
44th A ven ue - Robb St to Kip]i'Jg
4600 LIn F't
3450 Lin F't 24" eMP
38th A venue - Kullerstrand to Robb St
2990 Lin Ft
<150 Un F't ;(4" eM?
3
Sub Total
+ 10% ContIngency
Total
I
,
I
I
,
~~
Jesse A Russell
/ I I
r I /
I
Date
v~AR/ 1 t
NOTE
$ 5,220 00
9,614 00
34,500 00 **
6,250 00
~,SOO 00 **
$60,()84 00
6,008 00
$66,()92 00
** If 8' walkw~y is considered, d~ not doubl~ th~ items
marked ldi th two asterisks abOve imiir:atf!cl