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
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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
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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
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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
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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
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E~i5e Brougham, Cit~!Clerk