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HomeMy WebLinkAbout08/15/1974 MINUTES August 15, 1974 The two hundred and fifty-third regular meeting of the Wheat Ridge City Council was called to order at 7 30 p.m. by Mayor Paul Abramson at 4355 Field Street. Aldermen attending were Hulsey, Larry Merkl and later. Mary Jo Cavarra, Joseph Donaldson, Calvin Louise Turner. Alderman Robert Howard arrived Others attending were City Administrator John Jerman, City Attorney William Mc Carthy, City Clerk Elise Brougham, City Treasurer James Malone, staff and interested citizens. Motion by Alderman Merkl as typed and dispense with Turner and passed 5-0. "I move that we approve t~ August 8, 1974 Minutes the reading." Motion was seconded by Alderman Public Comment was made by the following Mr. Gene Harlow of 4660 Estes, Chairman of the Mass Transit Committee who stated that the PRT route had been proposed to be down the median on Wadsworth Blvd. and that the Planning Commission had endorsed the plan, and that he needed a position of the Council on the proposed plan to be made. Mavor Abramson stated he would direct a letter to RTD stating recommendation in favor of the PRT. Mr. Harlow also stated there needw to be a letter etc. voicing the policy on a city Qntra-city) bus system. Mr. Jerman stated the proposed 1975 Budget had allocated $12 000.00 for this purpose. It was stated this would only be the purchase of the equipment, and would not provide service. Motion by Alderman Turner "I woul9(~Mat Council voice its support of the concept of a two mini-bus intra-city system and mid-day service and request that the expense be paidbyRTD." Motion was seconded by Alderman Merkl and passed 6-0. Mr. Frank Weilminster of 3375 Ames requested that the alley between 33 and 35 Avenues between Ames and Benton Streets be paved, and stated that two other neighbors were present who also wanted it done. Mr. Jerman was directed to investigate this. Mr. Amos Leaf of 2845 Chase Street stated that Chase Str~, from 26 Avenue to 28 Avenue was not paved and that it needed gravel. Mrs. Clarence Schafer of 4380 Moore Street stated Moore Street is a "disgrace", the intersection is "full of chuck holes" and she requested the street paved. Decision on Rezoning Case WZ-74-14 at 5101 Miller Street from Agricultural- One to Industrial by Joseph Keleman and Esco Corp. was scheduled. Mr. Wiqert stated the city engineer stated there was no need for ROW dedICation. Motion by Alderman Cavarra "I move that Case WZ-74-14 be approved from Agricultural-One to Industrial because in is in conformance with the Land Use Plan, there is contiguo~g~~R8 railroad tracks, and it is the best use of the land." Motion was seconded by Alderman Donaldson. Motion to Amend by Alderman Merkl "I move the Motion be amended to include that all recommendations of our Planning Department be carried out. This would be the 30 foot ROWand any other recommendations the Planning Department does have on this property." Motion was seconded by Alderman Hulsey and passed 6-0. Question was called on amended Motion and passed 5-1. Alderman Turner voted "nay." MINUTES - August 15, 1974 - Continued -2- Deci8ion on length of time between Planning Commission Hearing and City Council Hearing on zoning cases was 8cheduled. Mr. Leland Stewart, Chairman of the Planning Commission recommended that there be 17 days between the two hearings. Motion by Alderman Turner "I move that there be a 17 day period between the Planning Commission Hearings and the City Council Hearings on zoning matters and on other matters which are heard by both bodies. Also, the publication for both hearings take place on the same notice, and be made prior to the Planning Commission Hearing." Motion was seconded by Alderman Donaldson. Motion to Amend by Alderman Hulsey "I move to amend the Motion that there be two separate postings, one before the Planning Commission Meeting and another before the City Council Hearing." Motion was seconded by Alderman Howard and passed 4-2. Aldermen Turner and Cavarra voted "nay." Question was called on Amended Motion and passed 5-1. Alderman Cavarra voted "nay." Public Hearin~ on the Proposed 1975 Budqet was held. Citv Administrator John Jerman stated the mill levy would be the same at 4.8, that three capital improvements were in the budget which were walkways, and that he recommended one more, the restoration of the sod house which is a historical landmark. It was stated that the Planning Commission would meet to set the priorities on the capital improvements, and Citv Attornev McCarthv, in answer to a question regarding this, stated that this was required by state statute. Mavor Abramson read the cuts already made from the requests of the departments. Mrs. Marv B. Purdv of 12425 West 19 Place spoke in favor of the bikeways proposed in the budget, and stated along 32 Avenue, which is used by the students of Wheat Ridge High School, that the road is not equipped for pedestrians or bikes and that 60% of the students either walk or ride bikes. Mrs. Shannon Geis of 4290 Otis spoke in favor of walkways especially for Stevens Elementary, St. Peter and Paul Parochial School, and Wheat Ridge Jr. High. Mrs. Diane Deal of 4035 Newland stated sh~X~ppreciativethat walkways were in the budget, and read some responses from questionnaires sent out to parents who were in favor of walkways. Alderman Howard asked the location of the proposed walkways and Mr. Jerman stated there were three 32 Avenue from Youngfield to Holland, West 41 Avenue from Reed to Sheridan and High Court from 38 Avenue to 35 Avenue. Alderman Merkl stated that the walkways could be part of the street with striping separating it, and Mr. Jerman stated it would be safer if the walkway is separated, and Alderman Turner stated petitions had been turned in requesting a separated walkway. Mr. LeRov Cook of 3220 Jellison Street questioned if these walkways would also be bikeways, and that the two are not compatible, and asked if they would be maintained in wintertime by snow removal, and that sand and gravel cannot be put on bike paths. Mr. Douqal Graham of 3330 Chase Street spoke in favor of bikeways and recommended that they be separated from the road. Mr. Hank Stites of 4095 Fenton Court asked why there wasn't more money put in for capital improvements.Mr. Jerman stated that operating costs had skyrocketed , and that there is money in the budget for street main- tenance but not for street reconstruction, and that there were no major drainage projects. Mr. Stites stated he thought the bond issued would not pass, that it is hard to sell bonds, and that he suggested other alternatives and a pay as you go method. MINUTES - August 15, 1974 - Continued -3- Alderman Hulsev stated that without the bond issued the city does not have the money to do the projects, and that if they are passed, the project would be completed sooner. Mavor Abramson stated it is cheaper to go with bands, due to the rising casts from inflation. Mr. Jerman stated, in answer to a question, the total budget is $2,931,741.00 and the total salaries and wages is $1,730,317. plus $20B,976.00 in overhead expense, making the total percentage of salaries etc~ 66%. Mr. Jerman read the department budget totals of accounts and the salaries upon request of Alderman Turner. Motion by Alderman Turner the Budget be September 19, Donaldson and passed 6-0. "I would move that the Council Hearing on 1974." Motion was seconded by Alderman Resolution No. 329 thanking the Wheat Ridge ChamEr of Commerce for their donation of 100 pine trees was introduced by Alderman Turner and was read. Motion by Alderman Merkl "I move that Resolution No. 329 be adopted." Motion was seconded by Alderman Turner and passed 6-0. Resolution No. 330 endorsing the establishment of the Wheat Ridqe Historical Society was introduced by Alderman Donaldson and was read. Motion by Alderman Turner "I move that Resolution No. 330 be adopted, and that this Resolution be written in form so that all the members of Council may sign so it may be jJlEsented to the Historical Society." Motion was seconded by Alderman Donaldson and passed 6-0. Resolution No. 331 providing for a Personnel Schedule chanqe in the Planninq Department to allow a graduate student to be hired for a two month period for assistance in the public hearings for the Comprehensive Plan, was introduced by Alderman Cavarra and was read. Motion by Alderman Cavarra "I move that Resolution No. 331 be adopted." Motion was seconded by Alderman Howard and passed 4-2. Aldermen Turner and Donaldson voted "nay." A Resolution calling for an election of Mayor in conjunction with the General Election of November 5, 1974 was scheduled on the Agenda. Motion by Alderman Howard "I move that this Resolution be tabled indefinitely until there is an actual vacancy in the position." Motion was seconded by Alderman Hulsey. A letter was read from Mr. Norman Allen, County Clerk and Recorder, which stated there would be some problems holding the election on November 5th, and that he could not give a definite answer whether there would be room on the machines for the candidates until after October 6th. Discussion followed, and Council President Louise Turner called for an executive session after the meeting regarding this subject. A press release of this meeting is attached to the Minutes along with Mr. Allen's letter. Motion to Amend by Alderman Turner "I move the Motion shall be amended that the Resolution be tabled until the feasibility of having the city election in conjunction with the general election could be determined." Motion was seconded by Alderman Cavarra and passed 4-2. Aldermen Hulsey and Merkl voted "nay." It was determined the Clerk would follow up the study. Question was called on Amended ~otion and passed 4-2. Aldermen Cavarra and Donaldson voted "nay." Resolution No. 332 rescinding Resolution No. 321 which contained an error, and which corrected that error regarding Revenue Sharing Accounts was introduced by Alderman Donaldson and was read. MINUTES-August 15, 1974 - Continued -4- Motion by Alderman Donaldson adopted." Motion was seconded Alderman Howard voted "nay." "I move that Resolution No. 332 be by Alderman Turner and passed 5-1. Resolution No. 333 ratifying the settlement with the G. Paul Jalberts regarding condemnation of their property for greenbelt purposes was introduced by Alderman Turner and was read. Motion by Alderman Cavarra "I move that Resolution No. 333 be adopted." Motion was seconded by Alderman and passed 6-0. Ordinance No. 160 establiShing municipal election campaign contribution and expenditure control measures was introduced by Alderman Donaldson and was started to be read by the Clerk. Alderman Turner stopped the reading and suggested that the ordinance be rewarded and condensed by the City Attorney. Motion by Alderman Howard "I move that Ordinance No. 160 be tabled indefinitely." Motion was seconded by Alderman Hulsey and passed 6-0. City Administrator John Jerman stated he was recommending that at least $15,000.00 be in next years budget far restoration of the Sod House and that the estimate for complete restoration and underground electrical service is $27,748.00. Barbara Davis fo the Wheat Ridge Chamber of Commerce stated that probably the soddy would be eligible far bicentenial funds and that one of the requirements is that it be a complete city project with the city government and service organizations working together. Alderman Turner stated she felt it was important to restore the building properly and that the city should apply far open space funding. Motion by Alderman Turner "I would move that Council direct Mr. Jerman to apply for open space funds and bicentenial funds in an effort to replace that money which must immeidately be spent for repairs this year to the Soddy." Motion was second~d by Alderman Donaldson and passed 6-0. Nancv Snow of 11155 West 40 Avenue stated she felt too much money had already been spent on the Sod House. Mr. Jerman gave the Budget Report for the period ending July 31, 1974 and stated that revenues were under the estimated amount by $89,859.00. Mr. Bartholomew, Personnel Director presented a proposal for the City to join with the Arvada Credit Union because Wheat Ridge alone, does not have enough employees to qualify. Council agreed with this proposal, and will be approved by Motion at the next meeting. Mr. Jerman stated a report from the City'S Purchasing Agent David Singh had been distributed on the National Purchasing Institute Conference he had attended and pointed out that many places have raised the dollar limit to $2,000 for formal bidding and that the trend was towards negotiated purchasing as opposed to competitive bidding. Mr. Jerman requested approval to prepare and submit application to the Denver Regional Council of Government far federal aid funds for bikeway construction for West 32 Avenue from Youngfield to Wadsworth. The request must be far a highway - high volume collectors and urban arterials. Motion by Alderman Merkl "I move that Council authorize the City Admin- istrator to make spplication to the Denver Regional Council of Governments to put in a walkway along West 32 Avenue." Motion was seconded by Alderman Donaldson. MINUTES - August 15, 1974 - Continued -5- Motion to Amend by Alderman Turner "I move that the words be added to the Motion for the walkway to be from Young field to Sheridan." Motion was seconded by Alderman Hulsey and passed 5-0. Motion to Amend by Alderman Merkl "I move to amend my Motion by putting in the words 'walkway/bikeway' instead of just ~alkway.'" Motion was seconded by Alderman Donaldson who agreed to the Amendment. Question was called on the Amended Motion and passed 5-0. Mr. Jerman gave a progress report on obtaining a management study of the Building Department, and stated the person they we~e going to get from the ICBO stated he was presently unavailable. It was questioned if another bUilding inspector should be hired for this job, and whether this was a management study or an investigation. Motion by Alderman Merkl "I move that the City of Wheat Ridge hire the same people or comparable people of the same caliber, that did the investigation of the City of Lakewood to clear our building department of any doubt in the minds of our citizens." Motion was seconded by Alderm~n Ho~ard and passed 4-2. Aldermen Turner and Donaldson voted "nay." AldermaRX~~qBested that estimated cost be brought to Council before the people are hired. Motion by Alderman Merkl (requiring adjournment at Turner and passed 5-0. "I move we suspend the Rules of Procedure 11 00 p.m.)" Motion was seconded by Alderman Mr. Jerman reported that the Hoyt Street project at 38 Avenue can be accomplished by change order on the 38 Avenue project, and will get an estimate and bring into Council for approval. Mr. Jerman reported there might be a possible overrun of the estimated cost for the resurfacing of West 32 Avenue in cooperation with the City of Lakewood in the amount of $4,000.00. Motion by Alderman Merkl "I move we allow a $4,000.00 contingency for the West 32 improvement project joint effort with the City of Lakewood to be charged to Account 731." Motion was seconded by Alderman Turner and passed 4-2. Aldermen Howard and Hulsey voted "nay." Mr. Jerman also stated that August 22, 1974 is "City of Wheat Ridge Night" at the Carnation Festival and handed out schedules. Citv Treasurer James Malone stated he had some questions on Ordinance No. 155 the lease-purchase of the 44 Avenue and Owens Building. He stated 1. That he had been requested by the City Administrator to issue two checks, one for $45,000.00 and one for $5,347.00, and he felt he could not issue the checks without Council approval. 2. The Ordinance says the $45,000.00 is to be paid on the date of occupancy which according to the Ordinance is September 1, 1974, and he was asked to issue it on the date of closing (8/15/74). 3. He questioned if this was a purchase by putting down $45,000.00 as first payment and future payments would be on balance of purchase instead of being a lease. In his judgement, after consulting other sources, it is a purchase, because 30% is the down payment, which is the maximum limit for an installment sale, and the owner is depositing a deed with an escrow agent and the owner is giving the City a title insurance policy. 4. That the total cost of the purchase and improvements is $233,000.00 and he questioned if this would all come out of Revenue Sharing Account 780, but he had since found that not all of the amount would come from that account. 5. He also asked if there were any amendments to the Ordinance before any payments are to be made. Citv attornev McCarthv stated 1. That the date of occupancy can be different from stated, and that improvements have been made by the City which constitutes occupancy of the bUilding, and that quite often the occupancy date varies from the date in a contract. 2. If a down payment is made anytime "it makes no difference. II MINUTES - August 15, 1974 - Continued -6- 3. There are no amendements 4. Council passed Ordinance and breach of contract is illegal, future Councils. 5. State Statute 139-61-1 states that long hold agreements may include options to purchase . 6. That a building may be purchased if the amount and did not go into debt far it. to the Ordinance. No. 156 and a lease and Council has the is a contract power to bind term rental or lease City had the total Alderman Cavarra asked the City Attorney if the City was going into debt and he said "No." In answer to questions, Mr. McCarthv stated that if this were only a lease, there would be an agreement far 1 or 2 years lease with aptian to renew the lease, but Ordinance No. 156 provides far a lease, with all sorts of options to purchase. If this were only a purchase, it would be a contract to buy. Mr. Jerman stated the deed and title policy would be in escrow, and that he had a letter from the owner waiving lease payments until September 1, 1974. Mr. McCarthy stated is response to a question, if the $45,000.00 was also paid on September 1, 1974 it would be breach of contract. Motion by Alderman Donaldson "I move that the Treasurer be authorized to disburse $45,000.00 on August 16, 1974, from Account 780 to Security Title Guarantee Ca., escrow agent for Kenneth H. Gantenbein, and that the Treasurer be authorized to disburse $6,347.00 an August 16, 1974, from Account 780 to Kenneth H. Gantenbein far modifications to the building at 10900 West 44 Avenue as approved by this Council on July 11 and July 25, 1974. I further move that lease payments as provided for in ordinance No. 156 be authorized from Account 421.7 Police Station for the balance of 1974 and as budgeted thereafter." Motion was seconded by Alderman Turner and passed 5-1. Alderman Howard voted "nay." (It should be noted, that a Special Meeting was called regarding this building - See Minutes of August 16, 1974.) Mr. Jerman stated Minutes of the Park and Recreation Commission stated that there was unanimous approval to purchase the property at 38 Avenue and Depew for parkland. Council took no action. Meeting was adjourned at 1 00 a.m. '-- APPROVED (:4{ ,/,,~ / I (/ r / 71 ) ':>.:'"1/ L I ( I / / MINUTES - August 15, 1974 - Continued - Page 7. pi L~:3 RtL_E,qll Th Wrieat Riel 12 [1 ty C'Jurle,} cBlerIJ,insd CJt Lln BYE;C'tiv S25S.con fullocJin=: I'Fqulcor L" ~lcil rn28t~rl of J\IJC]usL I'), 'irnl" lh;-Jt tr,cr to istt2d lBc:J!,)ical eiL FicultifJ Ll,hien ~nl!Ltiv81y pn,cludBu IloleJirlg on c18~tioiJ for the 1"1a\;or v~'~;:Jncy in lLJilj liction with the r~o~emb8r 5, 19;4, gen2T'211 election. The t~chnical difficulties centered around a letter received from the County Clerk which stated that ballot space could not be guaranteed by the date that the Mayor election would have to be called by the Council. According to State law where voting machines are used, the earliest date an election could be called would be sixty days after the general election, or January 7, 1975. Paper ballots cannot be used in voting precincts with over 500 voters. Therefore, although the Council unanimously favored an election procedure, an appointment would still have been required to cover the interim pre-election period, thereby leaving a brief ten-month term for a subsequently elected person. In light of all these considerations, an appointment for the balance of the unexpired term of Mayor Abramson was determined to be preferable by a majority vote of the Council members. Applications mav be filed FIlIOA'f Avenue until~September 6, date of August 19, 1974. at the Citv Clerk's Office at 7470 Wast 38th ,5"'00 (' rl'( 1974,1\which is an extension of the earlier set A decision on the appointment will be rendered by t~e Council at its regular meeting of September 12, 1974. m. J]@OO@U'@@ou I , f7J : ~@Q!JouD}J I CS@O@U'@@]@ ~~r ~I LJ COUNTY CLERK AND RECORDER NORMAN C. ALLEN August 15, 1974 MINUTES - August 15, 1974 - Continued - Page 8. Elise Brougham City Clerk of Wheatridge 7470 West 38th Avenue Wheatridge, Colorado 80033 Dear Elise, SUBJECT General Election Ballot, November 5, lq74 I have discussed the matter of adding your mayoralty race to our General Election Ballot with the State Election Commission and also with other cities who have endeavored to conduct city elections along with the general election My problem in this election is that at this point I do not know how many questions, the length of the questions, how many parites and candidates will be on our ballot, or how many candidates you will have The second problem is that we are going to be using a punch card system in Representative District 29 and AVM Machines in Districtg 24 and 27 In as much as we have borderline precincts on your boundaries with both Edgewater and with Arvada, we face some particular problems in programing the machines and training the judges for these borderline precincts It is my wish to assist the cities wherever possible and I did permit Lakewood to have a one item question on the ballot in lq72 with no great difficulty We only had two keys left on that election Since this is not a Presidental Year we possibly would have sufficient keys, but I do not think that you dare risk getting involved in an election and then find that we are unable to handle it I would hope that you would not put me in the position of having to say "no" and could arrange to have your election at a later date, say in January The ballot has to be closed 45 days ahead of the election and the Secretary of State has until October 6th to inform us of all items on the ballot I am certain you understand my dilemma ~?~ COURTHOUSE 1700 ARAPAHOE GOLDEN, COLORADO 80419