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HomeMy WebLinkAbout05/09/1974 MINUTES May 9, 1974 The two hundred and fortieth regular meeting of the Wheat Ridge City Council was called to order by Mayor Paul Abramson at 7 30 p. m. at 7390 West 38 Aunue. Aldermen attending were Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Also attending were Mayor Abramson, City Administrator John Jerman, City Attorney William E. McCarthy, City Clerk Elise Brougham, staff and interested citizens. Motion by Alderman Donaldson "I move that the Minutes of May 2, 1974 be approved as printed and that the reading be dispensed with." Motion was seconded by Alderman Turner and passed 5-1. Alderman Howard voted "nay." Motion by Alderman Hulsey "I move that the Public Hearings (scheduled for this evening) be heard next on the Agenda." Motion was seconded by Alderman Howard. It was pointed out that some people might not be present for the hearings since they were scheduled for a later time. MOTION WAS WITHDRAWN Motion by Alderman Hulsey Public Hearings Item 7 on Donaldson. "I move that we Amend the Rules to make the Agenda." Motion was seconded by Alderman Motion to Amend by Alderman Hulsey: "I move that decisions on matters previously heard and discussed precede the Public Hearings on the Agenda." Second Agreed. Question was called an amended Motion and passed 6-0. Resolution No. 306 commending Mr. Walter H. Johnson, resigning Director of Administrative Services and Personnel was introduced by Alderman Donaldson and read. Motion by Alderman Turner: "I move that Resolution No. 306 be adapted." Motion was seconded by Alderman Donaldson and passed 6-0. Preliminary consideration for a Class G 3-wav liquor license for Paramount Lanes at 2625 Kipling Street (w~ich presently has a Class J2 license) was brought. Attorney Michael Villano representing the applicant was present. Motion by Alderman Turner: "I move that a Public Hearing be set for consideration of a Class G 3-way hotel and restaurant liquor license for Paramount Lanes, 2625 Kipling Street on June 27, 1974 and that the radius be set at one mile to be increased or decreased in accor- dance with information presented at the hearing." Motion was seconded by AldeTman Donaldson and passed 6-0. Special Events Liquor Permit for the Federation of German American Soc. of Colo. was brought up. Mr. James Haas, Vice-President was present. Mr. Haas stated the permit was for 6% beer, wine and liquor, but that only the 6% beer would be served. The location was at Prospect Park 44 Avenue and Robb and the day requested was June 30, 1974. No other persons appeared in favor or in opposition. Motion by Alderman Donaldson "I move for the approval of the special events liquor permit for the Federation of German American Societies of Colorado for June 30, 1974 and that a $1.00 fee be paid to the City." Motion was seconded by Alderman Turner and passed 6-0. MINUTES - May 9, 1974 - Continued -2- Approval of Urba~SjLstems Map from Denver Regional Council of Govern- ments was brought up. In order to be eligible for funding a street must be part of the designated Urban System. Sidewalks, bicycle paths and street widening could be eligible for funding. Several Aldermen stated they wanted to know what the exact deSign standards are, and what the standards and requirements from the Federal Government are. Motion by Alderman Howard: "I move that Item 7.B. (Urban Systems Map) be placed on the Study Session Agenda for the first Thursday in June (6/6/74)." Motion was seconded by Alderman Merkl and passed 4-2. Aldermen CAvarra and Hulsey voted "nay." Four vacancies for the Business and Industrial Relations Committee were next on the Agenda, (2 industrial representatives, and one each from Ward II and Ward III.) Motion by Alderman Merkl "I move that Ben Loye be appointed to the Industrial segment of the Business and Industrial Relations Committee." Motion was seconded by Alderman Donaldson. It was decided no vote would be called, and that Mr. Loye should be contacted to see if he feels he can represent the industrial segment. Use of City vehicles, specifically 24 hour authorization was next on the Agenda. Motion by Alderman Cavarra: "I move that all City vehicles be iden- tified with the City Seal and perhaps City of Wheat Ridge with the exception of the police vehicles and the fire department vehicles." Motion was seconded by Alderman Turner and passed 6-0. Motion by Alderman Merkl "I move that we add the Lieutenant of Det- ectives and the Lieutenant of Patrol, and the Animal Warden on night call to the list (of employees being assigned a city vehicle on a 24-hour baSis.)" Motion was seconded by Alderman Turner and passed 5-1. Alderman Howard voted "nay." Motion by Alderman Turner: "I move That Walt Grande be subtracted from the list, and Civil Defense be transferred to an appropriate employee living within the City." Motion was seconded by Alderman Merkl. The Chair ruled that the Motion was out of order because it was two separate issues. MOTION WAS WITHDRAWN, and Civil Defense Directorship is to be discussed at the June Study Session. Motion by Alderman Howard: "I move that the city vehicle for the Park Foremen be removed." MOTION DIED FOR LACK OF A SECOND. Motion by Alderman Merkl: "I move that the Park Foreman be authorized 24-hour use of a city vehicle from May 15th to July 15th." Motion was seconded by Alderman Donaldson. After discussion Alderman Merkl changed the dates from May 1st to November 1st. The Second agreed. Question was called and tied 3-3. Aldermen Howard, Hulsey and Cavarra voted "nay." Mayor Abramson voted "Aye" and MOTION PASSED 4-3. Motion by Alderman Merkl: "I move that we adopt the list as amended (for 24 hour use of city vehicles for certain city employees.)" Motion was seconded by Alderman Hulsey and passed 4-2. Aldermen Howard and Turner voted "nay." Award of contract for codification of City Ordinances was brought up. Motion by Alderman Turner "I move that the City enter into a contract with Michie Company for codification of City laws utilizing offset printing, printed on both sides of the page, Mc Bee Binders, and side tab indexing, quarterly updating, and quality bond paper as recommended by the City Administrator, City Clerk and City Attorney." Motion was seconded by Alderman Donaldson and passed 6-0 MINUTES - May 9, 1974 - Continued -3- Bids for Whsat Ridgs Rscrsation ProQra~ 1974-75 was brought up by Mr. Jerman. He stated hs authorized an emergency order for a minimal order under $1,000.00 so that some booklets could be distributed in schools to save postage. No invitation to bid was published since the estimated cost was under $1,000.00, but due to inflation the cost is over $1,000, and due to the time element the bids were received vsrbally over the phone, and once the bid is awarded, a written bid will be requested. It was pointeBUthat there would be an additional chargs for art work, and that in the future the Council would like to see the total charge, they would like to have the order well ahead of time, and that less expensive booklets could be used, and pUblicity could be used in the Sentinel. Motion by Alderman Hulsey "I move that we award Hirsch Graphics in the amount of $1,200.00 for 5,000 booklets charged to Account No. 451.13." Motion was seconded by Alderman Cavarra and passed 4-2. Aldermen Turner and Howard voted "nay." Bids for an engine analyzsr were brought up. Glen Taylor, Public Works Director recommendsd rejection of the lowest bid because it was more time consuming and recommended purchass of the Marquette 40-215. Motion by Alderman Donaldson "I move that the Administrator be auth- orized to purchase a Marquette 40-215 Engine Analyzer from Automotive Equipment Company which is the second lowest bidder because the lowest bid was not sufficient to meet the City's needs, at a total cost not to exceed $2,319.33 from Account 431.74." Motion was seconded by Alderman Cavarra and TIED 3-3. Aldermen Turner, Howard and Merkl voted "nay." Mayor Abramson declined to vote and MOTION DIED. Resolution No. 307 authorizing participation between Jefferson County and the City of Wheat Ridge for paving of certain portions of Harlan Street at a cost to the City of $5,090.00 was introduced by Alderman Hulsey and read. Motion by Alderman Msrkl "I move that Resolution No. 307 be adopted." Motion was seconded by Alderman Hulsey and passed 6-0. Rezoning Request Case WZ-74-01 for Davis Bros. Florists at 3920 Wadsworth Blvd. from Commercial-One to Planned-Commercial-Development was next on the Agenda. Dennis Wiqert of the Planning Department stated he had a lettsr from Mr. John Meer, attornsy requesting that the case be withdrawn because the Planning Department advised the applicant that since the other shops planned had been droppsd because the applicant could not comply with the landscaping reqUirements etc., all that was planned to be built was a Kentucky Fried Chicken Restaurant on one parcel which was allowed under the present zoning of Commercial-One so no rezoning was required. Alderman Msrkl stated that he had copies of letters from peopls living on Upham who were concerned about rear access to their property, and also the Collisr property at 4045 Wadsworth had a boundary line dispute. Mayor Abramson stated that the monuments had been put in on the property so that a survey could be made. It was determined that the rear access through easements could be controlled through the building permits. When asked, City Attorney McCarthv stated hs had not seen documentation as to whether or not the land in question is a separate parcel. Motion by Alderman Turner: "I move that prior to our accepting this withdrawal, that we have Mr. McCarthy check the documents, so that the applicants don't have to go through the preliminary part of this, in case WB find this does have to comB back before Council, and that this be through the Planning Department." Motion was seconded by Alderman Merkl and passed 6-0. MINUTES - May 9, 1974 - Continued -4- Rezoning Case WZ-74-05 requesting rezoning by Wheat Ridge Nursing Home from Residential-Three to Residential-Three-A at 2930 Fenton Street came up. Nursing Home Administrator Sylvia Ruda and Secretary of Wheat Ridge Nursing Home Inc. Mr. Jules Ornstein were present. Dennis Wigert, of the Planning Department stated: 1. It should be noted that the total bed capacity as proposed is 78 which would be equivalent to a residential dwelling unit density of approximately 21 dwelling units per acre. 2. The Planning Dept. recommends that the existing and proposed addition to the nursing home facility be brought into compliance with parking regulations set forth in Section 11-E-4 of Ordinance No. 98. 3. It should be noted that the proposed amendment constitutes a more restrictive category and therefore would be upgrading the existing zoning. 4. The Planning Dept. recommends approval based on the following: a. The proposal requested will accommodate a small addition eXisting use which will constitute a minor impact on the general b. The proposed amendment is compatible with the surrounding and land uses. area. to the zoning Alderman Howard pointed out that the existing nursing home was zoned Restricted~Commercial-One and that the parcel in question was for Residential-Three-A, and since each zone has setback requirements, he didn't see how the proposed addition could adjoin the present building. City Attornev McCarthy ruled since both parcels were under one ownership the request could be amended for both parcels to be rezoned Residential- Three-A, and that the parcel in question could not be amended to be rezoned to Restricted-Commercial-One without proper pUblication and posting. Mrs. Ruda of the nursiRam~xplained that their certificate of need approval is subject to getting the rezoning. Mr. Ornstein added that there is a need for the addition, and that there is a waiting list. No one appeared in opposition. Motion by Alderman Turner "I move that we hold a short executive session prior to making a decision on this case." Motion was seconded by Alderman, and Council went into an executive session, and then reconvened Motion by Alderman Howard a decision to be rendered AND MOTION DIED. "I move that Case WZ-74-05 be tabled for next Thursday evening." THERE WAS NO SECOND Motion by Alderman Merkl: "I move that we approve Zoning Case WZ-74-05 from Residential-Three to Residential-Three-A for the following reasons: It was recommended by the Planning Commission and the Planning Department, with the stipulation that in the near future the applicant come back in and rezone a parcel to be designated by our planning Department to the zoning of the other parcel of land, i.e. bring both parcels up to the same zoning." Motion was seconded by Alderman Donaldson. Mavor Abramson clarified that the fee would be waived by the City, and it is understood that in granting this rezoning the applicant's intent is to build across the property line, and it is the intent of Council that building can begin. City Attorney McCarthy stated Council has the authority to permit bUilding across property lines. Question was called and Motion passed 5-1. Alderman Howard voted "nay." Hearing on alleged violation of the State Liquor Code at Caravan West, 11221 West 44 Avenue was heard. Darrell Skelton, attorney was present representing John William Smith, bartender, and Dale Long, owner, both of whom were present. City Attorney McCarthv conducted the hearing and the following witnesses were sworn in and testified Ron White, Wheat Ridge Detective who submitted City's Exhibit A - a statement MINUTES - May 9, 1974 - Continued -5- by Mr. James Anderson, 5alvatore Dimiceli, the arresting officer, James Anderson, the under aged purchaser of the beer, DOB 12/10/56, John William Smith, 3965 Ammons who was the bartender who sold the beer, Dale Long, owner of Caravan West, and Julia Oldfield of 2133 Urban, waitress at Carvan West. Complete proceedings were recorded by Court Report Ruth Carsh. Council cleared the Council Chambers of spectators for a brief exec- utive session and then reconvened. Motion by Alderman Turner "I move that the 3-way liquor license for Caravan West, 11221 West 44 Avenue be suspended from noon, May 10th, 1974 until noon May 1~th, 1974, which is Monday and that the proper notice be taken carSJtomorrow morning, and that Council did find that there was a violation of the liquor code, and decided that this action be taken." Motion was seconded by Alderman Merkl and passed 6-0. Motion by Alderman Donaldson: "I move that Item 9-A, an Ordinance repealing Ordinance 42 and 62 be tabled one week." Motion was sec- onded by Alderman Merkl and passed 6-0. City Administrator John Jerman stated that a Purchase Order indicating the charging of the finiShing of the interior of the multi-purpose bUilding be as follows: Account 244 - $10,361.00, and Account 452.15 _ $6,000.00. Motion by Alderman Turner: "I move as clarification for a Motion made last week regarding finishing of the multi-purpose in the amount of $16,361.00 which was stated to be coming out of Account 244, that $10,361.00 of that amount be charged to Account 244, and $6,000.00 of that amount be charged to Account 452.15." Motion was seconded by Alderman Cavarra, and passed 4-2. Aldermen Howard and Merkl voted "nay." When asked if this finished up the building, Mr. Jerman said there was one remaining item of air-conditioning, and it was requested that the total cost of the bUilding be prepared. Mr. Jerman stated he would like Council to make a change order for the contractor presently working on 38 Avenue from Wadsworth west to approx- imately Dudley, to also resurface 38 Avenue from Wadsworth east to Pierce, which would be considerably cheaper since the equipment was there. James Malone, City Treasurer stated that unfortunately in the Auditor's opinion this would be changing the contract by more than 10%, and legally it would be unfair to the original bidders. Motion by Alderman Cavarra: "I move that we issue a change order for resurfacing on West 38 Avenue from Wadsworth east to Pierce." THERE WAS NO SECOND AND MOTION DIED. Mr. Jerman stated that he had appOinted two committees consisting of city employees to work with the Carnation Festival Corporation. Mr Jerman stated that Swimland at West 35 Avenue and Wadsworth had indicated to the City that they would like the City to buy the swimming pool and he recommended that a swimming pool consultant be hired to evaluate the current condition of the pool. Mavor Abramson stated that the Minutes of the Park and Recreation Commission of September 20, 1972 showed a Mr. Woods had been hired to evaluate the pool and it was his understanding at that time that there was a very high maintenance cost due to the need for new filters, the lockers do not meet the health code, there is black algae etc. ----_._-_._--~~---_.- -_.._- ~_._---------. MINUTES - May 9, 1974 - Continued -6- Mr. Erfurdt, owner of 5wimland stated that the adjacent 100 foot site at 5wimland was being prepared for apartment development, that this would be the last season that Swimland operates, and that the water-time requested to be reserved was from 9 DO a.m. to 10 30 a.m. Motion by Alderman Cavarra "I move that this further interest in the purchase of Swimland." onded by Alderman Howard and passed 6-0. Council show no Motion was sec- Mr. Jerman recommended that Council authorize an order for approximately 150 "flats" of the City Seal at a cost of approximately $1.20 each which would be used as service award medallions attached to tie tacks or ladies' pin for examples. Motion by Alderman Turner: "I move that we go ahead with this for the purchase of 150 (flats)." Motion was seconded by Alderman Hulsey and passed 5-1. Alderman Merkl voted "nay." It was stated that this would be charged to Account 413.15. The lease for The Citv Attornev's Office at Vantage Office at 3760 Vance was brought back up by Mr. Jerman because the landlord rejected the previous approved lease for two years with him providing the partitioning. The new lease is for 18 months with the City providing a little more than half the pa~Dning and the landlord providing the rest which would provide 3 separate offices. The cost for removal and reerecting the present partitions in the City Attorney's office is for $420.00 from Jordy and Co. Motion by Alderman Merkl: "I move that Council approve the lease for the City Attorney's Office with Vantage Office Building far 18 months, at a rental cost of $244.00 per month, plus the cost of pro- viding the partitions as indicated on the lease." Motion was seconded by Alderman Donaldson and passed 5-1. Alderman Turner voted "nay." It was stated that the Historical Committee now approved that the brick bUilding on the same lot as the Sod House could be inhabited by the two recreation interns. Also, it was stated that the Sod House was picked as one of the best historic efforts in the area by Historic Denver. It was announced that the Police Department was requested to no longer use Wheat Ridge Lanes parking lot for their cars by the owner. Approval of Government Service Agreement for Credit Bureau Services was scheduled for next week's agenda. Alderman Merkl requested that the tentative Agenda for the following week be placed at the end of each Agenda. Alderman Turner stated that in regards to the proposed rate increase request by Mountain Bell which was dismissed on a technicality, that when they come back in for their request, she would like to see the City reconsider financial and written support to the Colorado Municipal League opposing the increase since among other things Mtn. Bell had requested that there be a sur-charge for municipal franchise tax to the customers, and that there be a charge by the minute for local calls. Aldermen Cavarra and Hulsey announced they would be absent for the May 23rd meeting, and Alderman Howard announced he would be absent May 16. Alderman Howard stated in regards to the alley that had been paved by mistake, if ROW dedication was reqUired. It was stated there were commitments to dedicate and that ROW deeds were needed. Letter from Ben Chastain announcing his resignation from the Mass Transit Committee was acknowledged and it was stated that a Resolution be prepared commending his service, and that there is now a vacancy on that committee. MINUTES - May 9, 1974 - Continued -7- Letter from the Wheat Ridge Parks and Recreation Commission stated that they had agreed to change City Park's name at 4350 Field Street to Wheat Ridge Park and that the multi-purpose building be called Albert E Anderson Community BUilding. Motion by Alderman Merkl: "I move that the park be renamed Wheat Ridge Park and that the multi-purpose building be named Albert E. Anderson Community Building with B placque indicating this name and stating that he was the first Mayor of the City, and honoring all the people who w.:Jrked for the formation of the City." Motion was seconded by Alderman Turner and passed 6-0. It was agreed that the Council boxes and podiums would be moved to the new Souncil Chambers. Meeting was adjourned at 1:15 a.m. APPROVED =:J0JJf) -~~/; L~ /;, V /n / / /