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HomeMy WebLinkAbout04/10/1975 MINUTES April 10, 1975 An Executive Session was held by the City Council regarding an alleged 3.2 Beer Act Violation al Shop N Go Markets at 5990 West 38 Avenue owned by National Convenience Stores Inc at 6 30 p.m. Aldermen present were Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Also a'lending were City Attorney Maurice Fox, the juvenile involved, Joyce D. Cooper, the store clerk, Carl Dawson, the District Represen- tative of National Convenience Stores, Detective Ron White fhe two hundredth and eighty-second Regular Meeting of the City Council of Wheat Ridge was called to order by Mayor Pro 'em Joseph Donaldson at approximately 7 10 P m. at 4355 Field Street Aldermen attending were mentioned above Mayor Homer Roesener was absent. Also attending were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Elise Brougham, staff and interested citizens. Statement by Alderman Merkl Council has made the following ~jnding of Fact (regarding the alleged 3 2 beer act violation at Shop N Go Markets at 5990 West 38 Avenue) 1 That a district representative of Shop N Go has admitted that an employee of Shop N Go did sell one 6-pack of Schlitz fermented malt beverage to a minor child under the age of 18 years 2 That such sale of fermented malt beverage did occur on March 24, 1975 in the City of Wheat Ridge, State of Colorado. Motion by Alderman Turner "I move that Council adopt the just stated Finding of Fact, and order th8t the fermented malt beverage license of Shop N Go at 5990 West 38 Avenue be suspended for seven days beginning on Friday, April 11, 1975 at 12 noon and ending at noon on Friday, April 18, 1975" Motion was seconded by Alderman Merkl and passed 6-0. Preliminary Hearing for application for a Class D liquor store license by Buel Albert Dunn dba Bunny's Battle Liquor Store at 9900 black of W. 48 Avenue was scheduled. Motion by Alderman Merkl "I move that Bunny's Bottle Liquor Store, Applicant Buel Albert Dunn doing business at 9900 block of W. 48 Ave. have a Public Hearing set far May 15, 1975 with a neighborhood set at a one mile radius to be increased or decreased if deemed necessary at the Public Hearing." Motion was seconded by Alderman Hulsey and passed 6-0. Motion by Alderman Turner "I move that we dispense with the reading of the Minutes of March 20, 1975 and March 27, 1975 and that they be approved." Motion was seconded by Alderman Cavarra and passed 4-2. Aldermen Howard and Hulsey voted "nay." Public Comment was Amos Leaf of to Council to pave be done, and also made by 2845 Chase who stated he had presented a petition Chase Street previously, and requested that it thanked the City for graveling the alleys in his area. Jim Homberqer stated he had read in the paper that the street program was postponed and wanted to request that Chase Street be paved. Chanqe of corporate officer for DBM Inc. dba Biq Daddy'S at 10051 ~. 48 Avenue was scheduled. Sandra Watson was present who would be the new Secretary-Treasurer in place of Mary Sewald. Ms. Watson answered rhe following questions 1. She stated her name is Sandra Lee Watson, and the location of Big Daddy's is 1005 ~. 48 Ave., Wheat Ridge, Colorado. MINUTES - 4/10/75 - Continued -~ 2. It i5 a corporation operated within the state of Colorado and it is a Colorado corporation. 3. The officer5 of the corporation are at this time Robert L. Houk, Robert Seewald and Sandra Watson. 4. The stockholders in the corporation are Robert Houk and Sandra Watson. S. The true name of the corporation is D.B.&M. Inc. 6. The registered agent of the corporation is Mr. Duniwetz or Alex Keller. 7. With the change of officer Robert Houk and Sandra Watson will be stockholders each owning 50%. The stock is currently held with Ms. Watson and Mr. Houk each having 50%. S. Mary Seewald who is leaving the corporation has the stock with the addendum that if Ms. Watson is approved then Ms. Watson will have 50% of the stock. 9. Currently, Marv Seewald has 50% of the stock. 10. The Wheat Ridge Police Department had approved Ms. Watson. 11. Her age is 33 years. 12. Ms. Watson has never been convicted of a felony or liquor violation within the State of Colorado. Motion by Alderman Cavarra "I move that the change of corporate officers from Mary Seewald as Secretary-Treasurer to Sandra Watson as Secretary-Treasurer of DB&M Inc. dba Big Daddy's be approved." Motion was seconded by Alderman Hulsey and passed 6-0. Resolution No. 381 appropriating additional city contributions for employee health plan, tra~sferring funds for maintenance of emergency vehicles used by Wheat Ridge Fire Department and transferring funds to provide consultive services for the Building Department Was intro- duced by Alderman Cavarra and was read. Discussion from Council questioned why Mr. Ralph Johnson, City Engineer had not been used during the absence of the Chief Building Inspector. Mr. Jerman explained that Ordinance No. 46 states that the City will pay all of the employee's health insurance, and on 12/23/73 Council passed a Motion to set the ceiling of the payment. at; $22.50 for 1974. He requested that the Motion be rescinded, and stated the control of the payment is when the premium comes in annually. City Attorney Fox stated the Ordinance takes precedence over the Motion and also the Motion was only for 1974. Motion by Alderman Merkl "I move that Resolution No. 381 be adopted." Motion was seconded by Alderman Hulsey and passed 6-0. Acceptance of the Roboff deed for open space purposes was scheduled. Motion by Alderman Turner "I move that the Roboff deed be sent to the Planning Commission for their approval." Motion was seconded by Alderman Hulsey and passed 6-0. (After that approval the deed will come back to Council.) Resolution No. 382 endorsing the HelpALERT whistle program proposed by Conoco Oil Company was introduced by Alderman Merkl and was read. Alderman Howard stated he was opposed to encouraging the program due to the fact that a commercial business was sponsoring it. Motion by Alderman Cavarra "I move that Re3iution No. 382 be adopted." Motion was seconded by Alderman Turner and passed 5-1. Alderman Howard voted "nay." Approval of agreement with McCabe and Assoc. to do a cost study of utilizing private contractors for street paving as opposed to the cost of city crews was scheduled. MINUTES - 4/10/75 - Continued -3- Motion by Alderman Turner "I would mo~e that this ma 1er be tabled (Hiring McCabe & Assoc.) indefinitely for the following reasons 1. The timing is very bad. 2. These people have no experience with municipalities, and we were given information 2 weeks ago indicating they did have such experience when they did not. 3. It's time to stop harassing our Public Works Department, give them some measure of job security and let them get on with what needs to be done." MOTION DIED FOR LACK OF A SECOND. Motion by Alderman Merkl "I move that we authorize the Public Works Department to begin the Public Works Program, as passed by the Public works Committee, on a temporary basis, to begin the program as we are into the paving season, and I would also like to move that we contract with McCabe & Assoc. to do a study of the Public Works Department at a cost not to exceed $5400.00 to be charged to Account 441.32." Motion was seconded by Alderman Hulsey and MOTION WAS DEFEATED VOTE OF 4-2. Aldermen Howard, Hulsey, Turner and Cavarra voted "nay." Alderman Cavarra recommended a study be budgeted next year and felt the proposed was superficial. Nancy Snow of 'i11SS W. 40 Avenue and a member of the Public works Committee stated she had talked to a professor of the University of Colorado who stated that such studies were available and comparisons of other cities were available at no cost, and that he could gather the information. Amos Leaf of 2845 Chase Street stated he had called the City of Lakewood and they would be glad to give us any information they had. Motion by Alderman Hulsey "I move that we start on the paving plan on a temporary basis, and that the Public Works Committee look into contracting versus our own crews." Motion was seconded by Alderman Turner and passed 5-1. Alderman Howard voted "nay." Motion by Alderman Crvarra "I move that we authorize the City Administrator in connection with preparation of the 1976 Budget to look into cost analysis figures, either with the Public Works Commitee, with other entities such as University of Colorado or Urban Observatory, or an ind~pendent consultant." MOTION DIED FOR LACK OF A SECOND. Motion by Alderman Merkl be directed to come back to in-house work in 30 days." Cavarra and passed 6-0. "I move that the Public Works Committee us with a study an contractual vs. Motion was seconded by Alderman Alderman Merkl commented th3t the City must save money for conditions such as Gray Street caving in. Alderman Turner commented that the $5400.00 to be used for thB McCabe Study should be used to fix it. Glen Taylor, Public Works Director stated he would begin on Chase Street between W. 26 and W. 28 Ave. Council agreed. Ordinance No. 170 amending Ordinance No. 165 and No. 157 Was scheduled far second reading and was introduced by Alderman Cavarra and the title was read. Motion by Alderman Cavarra "I hereby move to amend Ordinance No. 170 Series of 1975, on second reading as follows 'Section 1. Delete Budget and Purchasing Officer (E), Grade 36, Delete Administrative and Personnel Officer (E), Grade 35. Section 2. Add Director of Administrative Services (E), Grade 46, ($1227-1493).'" Motion was seconded by Alderman Merkl and passed 5-1. Alderman Turner voted "nay" MINUTES - 4/10/75 - Continued -4- Motion by Alderman Hulsey "I move that Ordinance No. 170 be approved as amended, and that it be published and posted." Motion was seconded by Alderman Merkl and passed 6-0. Mr. Jerman gave a report on the plan for extraction of commercial mineral deposits (gravel) as required by HB 1529 orally. On May 5, 1975 a presentation will be made to the Planning Commission, and on May 15, 1975 there will be a presentation to the City Council to set a date of a Public Hearing which is proposed June 23, 1975. Mr. Jerman also stated the City had received a letter from Firemen's Fund insurance for Fruitdale Sanitation District stating they had investigated the claim regarding the sewer backup at the City building at W. 44 Ave. and Owens and that they are not responsible. The City will now present the claim to the City's liability insruance carrier. Mr. Jerman also announcffi that the Colorado Municipal League is having a Seminar on May 1-2 at Keystone Lodge which would be most valuable, and that since the City is having the budget retreat earlier that week, that perhaps Council should consider cancelling the Study Session of May 1st and that the Budget Conference would begin at t.he same Lodge on April 29th. Motion by Alderman Cavarra "I move that we dispense with the Council Meeting which is a Study Session on May 1, 1975 so that Council may attend the Colorado Municipal League Seminar." Motion was seconded by Alderman Merkl and passed 5-1. Alderman Howard voted "nay." Motion by Alderman Hulsey "I move that we approve the contract (agreement) hiring the City Attorney (Mr. Maurice F. Fox) on a contractual basis." Motion was seconded by Alderman Howard and passed 6-0. Mr. Jerman stated he had sent out a report that was on the visitation that himself and Mr. Taylor had made to Commerce City which does most of their street work on a contracting basis, and that he had contacted the City of Northglen that does all of their work by contract. He also stated the report covers a data processing system that is being used at Commerce City which he felt could be used in Wheat Ridge at a low cost, which would provide good financial information. Alderman Cavarra recommended that this be discussed with department heads for their opinions, and Alderman Turner recom mended that Mr. Malone also give his opinion. Mr. Jerman announced that George Hunter had resigned effective May 1st. Alderman Merkl reported that the condition of Gray Street is worsening and he fears the street is being undermined. Aldsman Turner recommended barricades and flashing lights. Bonnie Scoma of 2859 Gray Street stated there was an overflow from an irrigation ditch and that she may be able to get t.he plans. Alderman Merkl requested that a source of revenue for this repair be prepared. Motion by Alderman Merkl "I move that Dave Sutzman of 12525 West 29 Avenue be appointed to the Mass Transit Committee (due to the resignation of Gene Harlow.)" Motion was seconded by Alderman Turner and passed 6-0. Motion by Alderman Turner "I move that we change the proposed Council Meeting of June 2nd, 1975 (Monday) to May 29th (Thursday) because there is a conflict as Wheat Ridge High School has graduation that night." Motion was seconded by Alderman Cavarra and passed 6-0. To clarify the record it is noted that May 29th is the last Thursday night meeting there will be no Council meeting the first week of June, and June 9th will be the first Monday night meet.ing. MINUTES - 4/10/75 - Contineud -5- Report from the Municipal Judge for additonal funds request was deferred to April 17, 1975. Discussion on removal of plants on the ROW on W. 41 Avenue for the walkway and other walkways was scheduled. A recommendation from the Public Works Committee and Arborist Board joint meeting had been distributed regarding a uniform policy. In part, it stated that the City will give people 30 day notice to remove their bushes etc. that are in the ROW. Also distributed was a recommendation specifically on the W. 41 Ave. walkway that recommended that i+ be placed on the south side of W. 41 Ave. from Harlan to Reed and on the north side of W. 41 Ave. from Fenton to Harlan. Mr. Taljlar stated there had been no clear cut city policy, and he felt it should be the responsibility of the property owners. In response to a ques~ion from Alderman Howard, he stated trees at W. 41 Ave. and Jay had been removed because they were on the ROWand the owners had been contacted. Several Aldermen stated they wanted the walkway on the south side. Alderman Turner stated it had been logical to put the walkway on the north side as there is more existing walkway and that over 700 hours have been put into the engineering of the north side. She also asked that when theffiis existing walkway would the City's walkway match in width and Mr. Taylor answered "yes." Mr. Taylor stated the walkway on W. 41 Avenue would be on the south side now and the City needs a general policy. Alderman Turner questioned if there was a policy on walkways advocating a separated walkway with the trees in between serving as a separation. Alderman Cavarra suggested that if the owners grant a permanent easement then the trees could be preserved. Mr. Schulhoff of the Arborist Board (advisory) questioned if the proposed amendment to Ordinance No. 34 was referring to trees in the ROW. Alderman Turner stated that change was to allow the present policy of removing trees at city expense to be legal. Nancy Snow stated the Committee's statement was to preserve the trees at the owners' expense if they so wanted to with a 30 day notice. Alderman Howard questioned if the city would attempt to replace the trees that had been removed at W. 41 Ave. and Jay since the walkway would be on the other side of the street now. City Attorney Fox stated a clause could be included in the amendment of Ordinance No. 34 allowing for removal by the owner of plants for transplanting. Glen Taylor also asked about the policy of removing fences. Alderman Merkl recommended that if a fence is in the ROW it should be removed but not put back up by the City. Alderman Turner commented that in some places the ROW is enlarged after the houses had been built. Alderman Turner questioned if the walkway would be all the way on the south side to Seridan. Alderman Hulsey read the Public Works Committee recommendations, the walkways would be on High Court, west side from W. 35 Ave. to W. 38 Ave., w. 41 Ave from Fenton to Harlan St. on the north side, and W. 41 Ave. from Haian to Reed St where required on the South side. Motion by Alderman Cavarra "I move that Council submit their written comments regarding the Recommendations of the Public Works Committee and that the recommendations of the Committee along with any comments from Council be incorporated in the amendment to Ordinance No. 34." ~otion was seconded by Alderman Turner and passed 6-0. City Attorney Fox negotiated basis Ordinance No. 34, recommended that each problem could be on a and that when he completed the Ordinance amending he will forward it to the Arborist Board. Meeting was adjourned at 10 00 p.m. APPROVED "r ~~ ,.J,l! ~~~ J -, Llf~ ;1, I I I! . ( ... Jc ,_! -<l:'l E~i5e Brougham, Cit~!Clerk