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HomeMy WebLinkAbout12/26/1974 - MI NUTlS December 25, 1974 The two hundred and sixty-eigh~regular meeting of the Wheat Ridge City Council was called to order by Mayor Homer Roesener at 4355 Field Street at 7 30 p.m. Aldermen artending were Hulsey, Larry Merkl and abseni . Mary Jo Cavarra, Joseph Donaldson, Calvin Louise Turner. Alderman Robert Howard was Also attending were City Administrator John Jerman, City Clerk Elise Brougham, City Treasurer James Malone, staff and interested citizens. City Attorney William McCarthy was absent. Motion by Alderman Turner 1974 be approved as written be carried over to the next Donaldson and passed 5-0. "I move that the Minutes of December 12, and that the Minutes of December 19, 1974 meeting." Motion was seconded by Alderman Public Comment was made by Corporal Kirby of the Wheat Ridge Police Dept. who was speaking as the representative of the Wheat Ridge Police Protective Assoc. and asked the Council to reconsider their decision to not give pay raises for 1975. He read a report regarding what other cities etc. in the area had received in the way of pay raises. He stated with ihe new ordinance sergeants would not be eligible for overtime, and it, could be pOSSible that detectives and corporals would have higher pay because they would receive overtime. He stated the cost of living has risen 1~/~o. He stated the police department has many high quality officers and the City could lose them. Many policemen were present. Fred Meyers, attorney for the Wheat Ridge Police Protective Assoc. stated the Jefferson County District Attorney's Office had praised the Wheat Ridge Police Department as having the highest quality among all departments in the area. He stated the morale of the Police Dept. is important, and recommended that Council reconsider so that the outstanding reputation of the police department can be maintained Alderman Cavarra stated Council's decision had been made after hours of discussion and had been made with regret, but at the present time an increase was not, practical. She Si3ted with the new retirement plan the Cit.y is contributing 4%, the employees did receive a cost of living raise in July 1974 (5%), an extra holiday has been given, and the possibility of a raise will be reconsidered as the year goes on. Alderman Hulsey state d the Council was faced with two choices give the recommended raises and then cut back on the number of employees, or not give raises and keep the present number of employees etc. Alderman Donaldson stated he felt the Wheat Ridge Police Dept. was one of the best and that they did not wish to see less efficiency, but that presently the City cannot afford to give raises due to the economy, and that hopefully in the future raises can be given. Alderman Turner stated the increase in pay was budgeted in the 1975 Budget as a separate classification called "Pay Survey" and the total increase would equal $100,000.00. She stated presently there are massive layoffs in business, and the City'S income is dependent on use tax and sales tax which could drop as the earning power of people in reduced. She stated this action was no reflection on the quality of work of all City employees but that they felt it was better not to give raises that to layoff people. Alderman Merkl recommended that in t,he "middle of March" that the Council could look a1 a pay raise if the revenue warrants it. Corporal Kirby invited the Mayor to come 1;0 t,he next WRPPA meeting and discuss this further. MINUTES - December 26, 1974 - Continued -2- Mayor Roesener agreed to come to the meeting and stated this was not a closed issue. He cited the upcoming sales tax and bond election and stated the City needs increased revenue to operate and urged the employees to help on these issues. He stated the budget will be constatly rBliewed and that he did not wish the salaries in Wheat Ridge to be lower than surrounding areas, but Council has an obligation to act with fiscal responsibility also. He stated this decision had been made by the Council and himself only Resolution No. 352 changing the appropriations in Accounts 421.94 and 421 95 for purchase of the Animal Control Van from the 1974 Budget was introduced by Alderman Donaldson and was read. Motion by Alderman Turner "I move that Resolution No. 352 be approved." Motion was seconded by Alderman Donaldson and passed 4-0. Alderman Merkl was out of the room. Motion was requested to charge the purchase of a Hewlitt-Packard Calculator to Account 731, 1975 General Revenue Sharing Fund (equipment) instead of General Fund Account 441.42 in the amount of $4,464.00 was scheduled. Mr. Glen Taylor, Public Works Director stated he had contacted 12 other jurisdictions and 5 had smaller machines, 3 had equivalent and 4 other had computer sharing time. The cities having programable calculator or equivalent calculator are Littleton, Denver and Adams Co. Larry Thomas, City Engineer stated the machine has data storage registers and 2035 programable steps. He stated it would be used for all general repetitious engineering computations, surveying computations and inventory purposes by storing on the magnetic tapes, soma cost arrounting control, and in general the machine is a time saving device. Alderman Turner asked whattt~i~ machine did that the HP-55, 45 or 35 did not do, and Mr. Thoma~I\~r,eHas programable capabilities. Bld~r!.!1,an Turner stated she talked to 11 cities and not one calculator compared with this price range with most of them being under $1,000.00, and that she talked to representatives in the Engineering Depts. and their opinion was that a programable machine was not needed. She stated that some departments stated that a HP-45 would be needed in the office, and a HP-35 would be taken into the field. She stated this was budgeted out of next ~ears revenue sharing money and that the payment is not received until April, but the machine has already been delivered. Mr. Taylor clarified that the machine in the office was one the company had on hand, and could be taken back and nothing has be~ signed for. Alderman CaJarra asked if this machine takes special training to operate, and !VIr. Thomas stated "not really" and there were 3 people on the staff who could operate it. Alderman Mer~_~ asked if the machine would be used to its full capacity and Mr. Thomas seated it would need additional peripheral equipment and in answer to a question by Alderman Merkl, he stated it could be used by the Planning Dept. and Parks Dept. Alderman Hulsey asked if the language used for the machine would be of the simpler type (not all fortrand language), and Mr Thomas stated "Ves." Mr. Taylor stated that at one time they had looked into a time sharing program but the charge had been high for each storage. Mr. Jerman stated there would be a demonstration of this machine during the bus tour on January 2, 1975 for city employees of City p~operty etc. Motion by Alderman Donaldson "I move we table this item until after the demonstration (on JaflBry 2, 1975)." Motion WeB seconded by AldBrmccn CavarrB and passed 4-1. Alde::.'man Turner voted "noy." MINUTES - December 26, 1974 - Continued -3- and Lamar Hearing that Case Street by Applicant Richard O'Dell was scheduled Mayor Roesener a,nounced that due to an error in would have to be heard on January 16, 1975. w. 3D Avenue for Public posting Case MS-74-04 Minor Subdivision at the northwest corner of Public Hearing for application for a new ~lass - E Drug Store liquor license for Sarad Drug Inc. dba Super Serv.?__lf18 at 10125 W. 37 Place was scheduled. Court Report Ruth Carsh took dawn the proceedings. Mayor Roesener read the results of the Cit~ survey as taken by Linda Meyer who was ill. He stated that out of 100 contacted - 43 signed for the issuance of the license, 45 signed against and 12 did not care. George M. Graber, attorney for t~ applicants presented petitions showing that the "vast majority favored approval of the license." He stated there is only one other Class E license within the one mile radius, that many people expect a liquor license as a matter of convenience and that the drug store is badly needed in the area. ThB following members of the corporation were sworn in and gave testimony Sara F. Gulstrom-President, Russell Jones-Vice-President and Donald G. Eldridge- Treasurer-Secretary. Mr. Graber called the following "disinterested witnesses" to testify in favor of the license Don Mundel of 10680 W. 47 Avenue, John Hathaway of 10640 W. 47 Avenue a,d Mary Hathaway of 10640 W. 47 Avenue, and Mr. William J. Madden of 35 Hillside Drive. Speaking in Opposition was Michael Villano, attorney who stated he was representing protestarts and presented pBitions in opposition, which had been at Jolly Jacks Liquor Store at 4141 Kipling. He called the following to testify in opposition Mr. Gasperetti of Prk-N-Pik Liquors, Mr. Larry Addington of 3551 Parfet Street, and Mr. Jack L. Farrar Jr. of Jolly Jacks, home address 1592 S. Valentine. In summary, Mr. Graber stated a Supreme Court ruling disregarded testimony from a competitor, there are 3 existing Class E licenses within the City, people could do their shopping in one stop, the owners of the business are responsible and indebted and would take no risk in violating the law, and "almost ,000 signatures" have been presented tonight in favor of the license. Alderman Turner stated for the record a letter had been received from A.G. Pruyser and Patrici2 Pru\ser in opposition. In summary, Mr. Villan~ st ted that the liquor law has two requirements for approval of a license and they are the desires and needs and re- quirements of the neighborhood. He stated the law made a distinction between classes of licenses, but that the needs in the community are being met by the number of outlets and the word "convenient" is not in the Liquor Code. He stated the impartial City survey did not show more favorable. He stated people in the liquor business are closely regulated and have a right to protest, and that the proponents have not given proper evidence why the license should be granted. A show ~f hands was taken and 5 were in favor and 5 against in the audience. Motion by Alderman Turner "I move that the Class E, drug store liquor license for Sarad Drug Inc. dba Super Serve #18 at 10125 West 37 Place be denied for the following reasons the need was not established, the impartial City survey did not indicate support (for the issuance of the license), and substantial opposition exists." Motion was seconded by Alderman Cavarra and passed 4-0. It should be noted Alderman Donaldson had left for the rest of the meeting, and a quorum of 4 Aldermen was remaining. MINUTlS - December Lb, 1974 - Continued -4- Motion by Alderman Merkl "_ move that the Class G 3-way liquor license for Robert M. Murray dba Clancy s at 10117 West 37 Place be renewed." Motion was seconded by Alderman Turner and passed 4-0. Motion by Alderman Turner "I move that Mr. Dougal Graham (3330 Chase S reet) be a~pointed ~o the Mass Transportation Committee to fill the unexpires term of Mr. Gary Lewman (2/21/77)." Motion was seconded by Alderman Merkl and passed 3-1. Alderman Hulsey voted "nay." Motion bJ Alderman Merkl "I move to reappoint Mr. Bud Williams to the Parks and Recreation Commission (for a 'erm of three years)." Motion was seconded by Alderman Hulsey and passed 4-0. Motion bV Alderman Hulse "I move to reappoint Mr. Felix LePore for another three year term (to the Parks And Recreation Commission.)" Motion was seconded by Alderman Cavarra and passed 4-0. Motion by Alderman Hulsey "1 move to reappoint Mr. Wendell Lynch from Ward III for 3 years (to the Parks and Recreation Commission~" Motion was seconded by Alderman Merkl and passed 4-0. Motion by Alderman Turner be a~pointed to the Parks term of Mr. Vern Hizel." 4-0. "I move that Tom Dodd Jr. (9950 West ~4 Drive) and Recreation Commission to fill the unexoired Motion was seconded by Alderman Hulsey and passed Mrs. Bonnie Scoma of 2859 Gray commented that there was a woman on the applicants' list who had been interested for years to serve on the Commission. Alderman Cavarra suggested that application forms be used to gat a little more information and background on the applicants. Alderman ~Ierkl recommended expanding the number of members to 9, dnd Alderm~n Turner requested that the ordinance be amended to allow for 2 members at large without locations specified. Alderman Hulsey questioned what the status of the whole parks ordinance which was being revised was. Mr. Jerman stated there are two drafts, the staff's and the Cornission's. Alderman Turner stated it had been suggested that the Park Rules be incorporated into the Penal Code, and ~a,or Roesener stated the Parks Commission should be invited to the Pe~al Code discussion. Alderman Merkl stated he wan"ed the City to start a iouth Louncil and they would give their viewpoints on any area. Alderman Hulsey sfated perhaps they could be a liaison member to the other city committees. It was also suggested that the age be from junior high on up, the student body representatives be contacted from each school, getting more information from other such Councils. Urdinance No. 155 authorizing a ninth floating holiday for city employees was introduced by Alderman Merkl and was read. Motion to Amend by Alderman Turner "1 move that under Section 1. A. delete the word 'floating' and add the word 'additional' and after t .8 word 'de~ignate~' replace with the following words 'as one-half of 12/24 and one half of 12/31 to begin after the hour of noon each day.'" Motion was seconded by Alderman Cavarra 3nd TI~D ~-2, MOTIOr DIED. Motion by Alderman Merkl "I move to adopt Ordinance No. 155 (on first reading and order it published and posted.)" Motion was seconded by Alderman Hulsey and p,ssed 4-0. Urdinance No. 157 authorizing a long term lease for parkland at Prospect Park with Adoloh Coors Co. was introduced by Alderman Merkl. It was noted that the information regarding the length of term of the lease was incomplete so the Ordinance was deferred until this information could be obtained. ~~r" Jerman gave the City's Revenue Report for the mon;'h of November 1974 and staLed revenue was down by (094,540) and the City had underspent by approximatel ~150,Orn 0 $180,000.00. MINUTES - December 25, 1974 - Continued -5- Report of the Police Chief re~arding crime trends in unlighted areas of the Citv was scheduled and reports were handed out from the LEAA Emergency Energy Committee which studied St. Louis Mo, New York, Detroit MI, Washington D.C., and Chicago IL, and another study made on Portland OR. Mr. Jerman stated these reports recommended lighting and that lighting shouldn't be reduced for energy reasons. He stated there was a staff proposal to put street lights on the existing power poles on Kipling Street between W. 26 and 38 Avenues. Alderman Turner s+ated she had reviewed the Police Depts. accident report on Wadsworth which is highly lighted and Kipling after dark and that there was a higher proportion of accidents on Wadsworth. Alderman Hulsev stated that perhaps the State is required to light all state highways and this should be investigated. He stated DRCO~ has Kipling designated a freeway and the area must be lighted. Alderman Cavarra stated she felt the report on the cities given was irrevalsnt to Wheat Ridge and would like to see local figures. Alderman Turner stated many people have complained of the glare etc. of the high pressure sodium light and that one of the issues when the City incorporated was that streets lights were not desired and that it had always been the policy that residents could petition for street lights if they wanted them. Mr. Jerman stated that the City should take the initiative in this area since there is the cementery and a park along the street, but that the lights are needed from a traffic point of view. Alderman Turner stated she would like to see a report from the City's Police Department regarding dark and lighted areas and the crime incidence. ~lotion by Alderman Merkl "I move we table this for ~ weeks." I'!otion was seconded by Alderman Turner. Alderman Cavarra asked that it be published that the particular area on Kipling the east side between u~ 26 and W. 38 Avenue::> will be decided upon. Alde!,ffi'"n I"'erkl ststed he felt the who~ Council should be present to read the reports and consider crime trends in the whole City, and s report ha~ been previously distributed on all areas of the City which need light. Mavor Roesener recommended that all recommended lights be discussed. Question was called and Motion passed 4-0. l'lr. Jerman in troduced the idea of a Con~nt Agenda Procedure which he stated could shorten Council Meetings. The staff would prepare a comprehensive report before the item is to be scheduled, the Council would receive it and if thell had questions call the staff ahead of time and if ever one is satisfied then the items would be approved ell masse If further discussion was needed, the item would be removed from the Consent Agenda. He stated the ke~ to success in the operation was adequate and proper staffing beforehand. Motion by Alderman Merkl "I move that in view of the fact it is 11 07 p.m. we set a 20 minute time limit to cover the rest of the Agenda a,d that we adjourn prof1[ltly at 11 3D p.m." JVlotion was seconded by Alderman Cavarra and passed 4-0. The 8udget and Appropriations Report for ~ovemb8r ~U, 1974 was given by City Treasurer James Malone. He stated some figures were already in for December and he stated the estimate on the real property tax revenue was quite close, but that the sales tax revenue had a drop of 15~ and the revenue from Christmas would not be realized until February and also the use tax revenue was down. He stated Januarv revenue would be "slow and slim" but that there would be enough money to meet the payroll, and that after February there would be "pretty good cash flow" and that in the past the City had carried a larger cash b"lance. MINUTES - December 2b, 1974 - Continued -5- Motion by Alderman Merkl "I move we amend our Rules of Procedure and place the Treasurer's Monthly Report after 'Approval of the Minutes' on the Agenda." Motion was seconded by Alde:rman Turner and passed 4-0. Authorization to accept Price Contract Proposal from 3-M Compan~ for the supplying of traffic control devices was requested. Mr. Jerman recommended that the City take the option of the 5 month price (unqualified) protection. Alderman Turner asked if authorization of large items would still come before Council, and Mr. Jerman stated "Yes." Motion by Alderman Merkl "I move that the City Administrator be authorized to accept the annual price Contract proposal from 3-M Company for the supply of traffic control devices and closely related items using the six month unqualified price protection option plan." Motion was seconded by Alderman C varra and passed 4-0. Mr. Jerman announced there would be a bus tour for staff and Council members on January 2nd, 1975, Thursday, and would start from the Anderson Building at 9 3G a.m Dennis Zwaqerman, Director of Community Development stated there Wffi a backlog of Public Hearings for rezonings etc. and recommended that a special meeting be held. He also stated he plans to have proper p~eparation of the cases so that they should take only 10 to 15 minutes each, and he recommended simultaneously posting and publishing for both Planning Commission and City Council Hearings. Alderman Cavarra recommended that 3 hearings be the limit per evening, and Alderman Turner stated that when there are too ma~y, it is not fair to the Councilor the applicant. Motion by Alderman Cavarra "I move we authorize Mr. Zwagerman to use a single ~osting and publication for rezonings and subdivisions." Motion was seconded by Alderman Merkl and passed 3-1. Alderman Turner voted "nay." Alderman Hulsev recommended that City Council Hearings be held the following week after the Pla~ning Commission Meeting. It was agreed by Council that the City should not join the U.S. Conference of Mayors at this time(dues $500.00). Mr. Jerman stated there was a bill from Everett Bauer of 9840 W. 35 Avenue for $1,053.59 which was for the repair work at the old police building (W. 38 Ave. & Newland). He stated this bill had been held over because it needed Council approval and the amount exceeded substantially the estimate for the job. He had asked Mr. Bauer to submit a list of the work done. Mr. Jerman stated he felt there was same responsibility of the lessor and there were some thin~ the City was not responsible for. Alderman Turner stated there were two versions, and that Mr. Bauer had told her that his estimate had been $1,000.00 and had been given verbally to Mr. Grande. Motion by Alderman Turner "I move that the bill be paid." THERE WAS NO SECOND AND THE MOTION DIED. Motion by Alderman Merkl "I move we table this item until Mr. Grande is back in town and can explain fully." Motion was seconded by Alderman Hulsey and passed 3-1. Alderman Turner voted "nay." ~erman Turner noted this bill was dated November 10th, and December 25th seems slow for it to be coming to Council, and that the work was done the early part of October. Mavor Roesener stated "what Mr. Bauer told me originally and what came in the 5econd time around were two widely divergent thing5." Meeting was adjourned at 11 45 p.m. I / 1/-rAPPROVED r ';in ~~~~ I '.0:, ' //1/ 7 I-- I I /.. j