HomeMy WebLinkAbout08/04/1975
MINUTES
August 4, 1975
The Study Session for the month of August of the Wheat Ridge City
Council was called to order by Mayor pro tem Joseph Donaldson at
7 30 p.m. at 4355 Field.
Councilmen attending were Mary Jo Cavarra, Robert Howard, Calvin
Hulsey, Larry Merkl and Louise Turner.
Others attending were City Administrator John Jerman, City Attorney
Maurice Fox, City Clerk Elise Brougham, staff and interested citizens.
City Attorney Fox diScussed the status of the proposed penal code
He stated some time ago he had presented to Council the Lakewood
penal code with his recommendations of deleting items that can
be prosecuted at the county level and it had not been acceptable.
He stated he proposed to continue working on the Lakewood penal code
and adding a section on junk vehicles although it is hard to define.
In answer to a question, he stated the zoning ordinance which has
a section on junk vehicles should be amended.
Councilman Cavarra stated there are two choices on junk vehicles Ignore
the problem, or establish something in writing at Ihe risk of offending
some people. Councilman Merkl stated Edgewater has a working ordinance.
Councilman Hulsey recommended requiring that the vehicles be screened
or covered. City Attorney Fox stated it's a section which could
cause a great deal of anger among the citizens.
Councilman Hulsey asked if some of the park rules were going to be
incorporated into the ordinance. Mr. Fox stated some of the laws
should be incorporated, but what the city needs is to have all of
the ordinances codified.
Councilman Cavarra asked if the City has laws which can
be tried at the county would this result in duplication? Mr. Fox
stated it would be duplicating if the laws are covered by state statute.
Councilman Cavarra was not in favor of d~ication and stated it may
result in a court of record which is costly. Councilman Merkl agreed.
Councilman Turner stated previously that Council had recommended some
deletions, and agreed to prevent duplication unless Chief Pinson
felt it was necessary.
City Attorney Fox stated he would draft an ordinance like the Lakewood
penal code with the deletions and which would include a junk vehicle
section, the park rules and pornography.
Discussion was scheduled concerning the establishment of a special
improvement district regarding flooding along Lena Gulch, especially
at the Red Barn under HB 1377.
Dave Love from Wright-McLaughlin which was working with the Urban Drainage
District on Lena Gulch stated all the property along Lena Gulch is
private ownership, and the property lines generally run across the
gulch or to the edge.
Councilman Merkl asked if the majority of the problem was debris.
Mr. Love stated a majority of the problem is restriction of the channel
itself and also the fact that the channel was moved. Councilman Merkl
asked if the houses there restrict the channel. Mr. Love stated this is
partially true and that some of the houses that were out of the flood
plain are now in it. Councilman Merkl again asked if the problem would
be taken care of if the people cleaned up their yards and trash and
Mr. Love stated this is a very, very minor part of the problem.
Councilman Hulsey asked what was entailed if this is on private
property. City Attorney Fox stated the land would have to be.a~quired.
Councilman Cavarra asked if permanent easements would be sufflclent
and Mr. Fox stated "yes." Mr. Love stated the width of the channel
is 120'.
MINUTES - 8/4/75 - Continued
-2-
Councilman Turner asked how much of the problem would be allevEted
by opening up the Red Barn restriction. Mr. Love stated virtually
ell of the problems would be eliminated.
Councilman Howard aked what recourse there was for the flooding.
City Attorney Fox stated the City has governmental immunity and that
the areas of litigation available should not mncern the City and the
City should not promote litigation. He stated the City should
concern itself with where the problem is, how to pay for the problem
and how to solve it.
Councilman Cavarra asked if the City had authority to t~ke action to
request the owner solve the problem who is causing it. Mr. Fax stated
the City has no authority but to take action itself through condemnation.
Mr. Avra of 10895 West 39 Avenue stated he had read in the Wright
McLaughin report on Lena Gulch that there was no doubt that the
Red Barn is the problem and would alleviate some of the flooding,
but the City shouldn't forget the possibility of a 100 year flood.
Correcting the Red Barn area would only be a beginning and the entire
problem should be renovated. He stated the report says the Maple
Grove Dam is not substantial enough to witHhold the waters of a 100
year flood which would result in loss of life and property. He
recommended that the City cooperate with the County and the Urban Drainage
District. He stated many citizens can't afford an additional property
tax through a special improvement district. He stated providing
proper drainage should be a matter of priority in the budget, instead
of putling a bridge as on W. 44 Ave. or tennis courts etc. He felt
the drainage correction could be done gradually. He staTIID the flood
plain was not established until 1971 and that his home had been there
far 18 years, and that he a victim of urbanization.
City Attorney Fox stated the report had recommended a 120' wide
channelization which entailed the acquisition of a great amount of
property and a very large expense, due to removal of many buildings.
Councilman Turner stated the Wright-McLaug~n Report had recommended
the removal of only 2 buildings and had stated that the area at W. 37
Avenue and Parfet they had recommended changing to grass channelization
and in general the report had recommended the combination of various
types of methods.
* in some areas
*Correc~Mr. Love stated they recommended an European type channelA He stated
ed in 8/18/ that Phase 8. which is the chosen master plan for development they
75 ~Iinutes. had designed the channelization cheaper than had been earlier envisioned.
He stated the costs would be $631,00 for a bridge, 1.15 million for
channelization and $200,00 for ROW acquisition. He stated for Wheat
Ridge part this comes out at $150,00 per year far 40 years at 7% interest.
He stated the bonds would be through the Urban Drainage District which
could match 50% of the cost.
Councilman Cavarra stated she preferred the work to be done in stages
which go be as a pay as you go basis. Mr. Love stated the district
is quite flexible if Wheat Ridge is willing to match funds.
Councilman Hulsey stated even if the City budgeted $1 million for
drain<yl, this is not the only problem in the City and it should be
divided up throughout the whole city.
Mr. Love stated it's a very long process to get on the list for
funding and it wouldn't hurt if Wheat Ridge contacted the Urban
Drainage District to show they are interested.
Mr. Avra presented petitions requesting that the Wheat Ridge City
Council renovat.e the flood plain and that the responsibility of
it is the City's. The petitions had 405 signatures. Councilman Merkl
asked if these citizens would support the sales tax question to pay for this.
MINUTES - 8/4/75 - Continued
-3-
Mr. Avra stated at the last election it had been pOinted out that
with bonds the City would have paid twice as much in interest.
Councilman Merkl stated he was opposed to fixing private property
and that this should be a special improvement district. Mr. Avra
stated when the City incorporated it inherited these problems.
Councilman Merkl stated in the case of the Red Barn "the city may
go in and condemn and buy that piece of property." Councilman Merkl
stated "this is a whole city. You have a minor problem down there
(Lena Gulch), we have minor problems allover, and a couple three
timesB year they become very major problems."
Councilman Cavarra stated this was not a minor problem and requested
that on next week's Agenda that a Resolution be prepared stating the
priorities if the sales tax passes with Lena Gulch the number one
priority.
Councilman Turner stated people who are familiar with the area
would consider this the most dangerous single situation in the City.
She stated people in the area suffer damage ye3r after year. There
is flood insurance on the buildings but not yards. They are flooded
through no fault of their own and should not be asked to pay alone
for the repair of the Gulch when the problem is caused by someone else.
She stated in any program the City undertakes, there are always a
lot people who don't benefit or use the program, but everybody pays for it.
Councilman Turner asked if Maple Grove Reservoir Dam had been contacted.
Mr. Love stated renovating of the dam is in progress and have reviewed
the dam with ~e state engineer to withstand the 100 year flood with
no change in the spillway capacity.
Councilman Turner asked if the Red Barn area was opened up would it
injure those downstream. Mr. Love statD the Red Barn could be removed
which would not increase the water. Councilman Hulsey asked if the
dam could be a flood control dam. Mr. Love statD this had been
considered but the water could not have its present use which is
benefiting many people. He stated everyone upstream will have to
pay in proportion to what they are contributing to the problem.
Councilman Turner asked if federal funds are available for the work.
Mr. Love stated "yes" and that they had given Mr. Richman a list
but in their opinion the best source of funding was the Urban Drainage
District.
Ben Thies, Chairman of the Public Works Commitee stated they had had
meetings to determine areas of importance they planned to work on and
wanted Council's approval. He stated they do not want to work on projects
that Council would not consider. They are
1. A thorough study of hazardous intersections.
2. 1976 Street Plan which would be part of a 10 year plan.
3. Study of general areas of drainage and setting priorities.
4. General area of policies that the Public Works Department
can operate under such paving of unpaved streets, replacement of
curb and gutter etc.
5. Improved signalization.
Council concurred with their list of projects. Councilman Merkl commented
that at hazardous intersections that perhaps reduced speed signs could
be used to prevent widespread destruction of trees. Councilman Turner
requested that walkways be added to their list. Ben Thies agreed.
Mr. Jerman distributed the printed Annual Report of the City and
stated this was at a cost of 7.3~ per copy and that it wo~ld be distributed
to every house. He stated the cost was approximately $700 including
the distribution. The art work is additional.
Proposal of Binder Construction Co. for resurfacing Paramount Parkway
on a share cost basis of $3000 for the City and $3000 for the Denver
Water Board which has an obligation to pay due to recent construction
of a new water line. Councilman Hulsey questioned if the parking lot
at Pcramount Park will be replaced. Mr. Jerman will check on this.
Councilman Turner commended Binder Construction since they arB offering
to reuse the base course again.
MINUTES - 8/4/75 - Continued
-4-
Clyde Hobbs gave specifications of curb and gutter design for t:he
City. He recommended the following
On 40' ROW (residential) 14' or 28'
On 50' ROW (residential) 38'
On 50' ROW (collector) 48'
He stated this is for hollywood curb and gutter.
He stated that the 2% crown will be required on unpaved streets, but
on paved streets it will match the existing pavement.
He stated in older subdivision prior to incorporation there should be
On 40' ROW 17' 34' from flow line to flow
On 50' ROW 34' from flow line to f+ow
On 60' ROW 44' from flow line to flow
He stated on vertical sidewalk with a 4' sidewalk would be
60' ROW 17' 38' from flow line to flow line.
or 60' ROW 22' 48' from flow line to flow line.
flow
flow
from
line
line
flow
to flow
to flow
line to
line
line
flow
line.
line
line
line.
Councilman Turner reqwested that one more alternative be added allowing
for a separated walkway minus the curb.
Councilman Cavarra stated some areas will have a lot more flexibility
that are not yet completely developed. Mr. Hobbs agreed and stated
if a subdivision that is existing is developed a certain way with a
certain percentage, then the City should require that existing type
of development.
Councilman Merkl felt curb and gutter should tie into existing
curb and stated that "surface drainage is best." Councilman Hulsey
agreed and stated Denver closes some streets in a bad rain and lets
the water flow down it. Councilman Turner observed the water has to
run somewhere.
Councilman Turner asked who determines the policy on decelleration
lanes. Mr. Hobbs stated it involved both Planning and Public Works
and the determination depends on the situation.
Councilman Turner stated adoption of the policy would in effect widen
everny street in the City and questioned if the city can afford the
extra maintenance. She also questioned whether or not the subdivEIDn
regulations needed to be amended.
Councilman Merkl stated this wouldn't widen the street and would use
the present ROW if the area developed. Councilman Howard s~ated the
designation of the streets should be reconsidered through traffic counts.
Report of facts concerning the property tax bill for the police buiLLng
from the City Administrator was scheduled. Councilman Merkl stated
the bill had been paid and he didn't see any reason to go over it
again as it had been discussed the week prior.
Dave Sinqh former Buyer for the City was present and stated he felt
Mr. Jerman had made erroneous statements. He displayed a memo typed
by Phyllis Kramer discussing that the bill should be an Agenda item
dated 3/28/75 giving a clear record that Mr. Jerman had knowledge of it.
He stated "I was not holding it and it was held up in Mr. Jerman's office."
Mr. Jerman and Mr. Andrews stated they found the bill in Mr. Singh's
desk. Mr. Singh stated Mr. Andrews didn't find it but had to call
him to locate it and had not yet found the list he had left him of
unfinished business. Mr. Singh noted that the statement of Mr.
Jerman's stating they were seeking tax exempt status was false beCause
on the closing document it was clear tax credit had been given the city.
Councilman How~rd asked Mr. Jerman if he had been there at the time
of closing. Mr. Jerman stated the bill didn't state it was for
a part of the year and Mr. Couch had told him himself that he had
a right to question it. He also stated Mr. Couch had waived the penalty.
Councilman Merkl stated this was not a matter for public discussion
and Councilman Turner asked that bills be paid more quickly in the future.
Discussion of a franchise fee or other alternativ8s to obtain revenue
from refuse collection co~nies was scheduled. Mr. Jerman recommended
a gross tax method. Councilman Hulsev observed they could go the
PUC and then pass it on to the customer.
MINUTES - 8/4/75 - Continued
-5-
Councilman Howard asked if there wasinformstion from other cities
such as Northglenn. Councilman Turner stated the figures she had
on the rate increase was only about 8o~ per houshold.
Councilman Hulsey stated the problem is that the street is being
torn up. Councilman Cavarra stated she would like to see cost
figures etc. It was agreed more information should be obtained
and this should be scheduled for the September 8th study session.
Chief Pinson gave a report on his proposal for a juvenile officer and
detective sergeant. He stated this was in accord with the reorganization
of the police dept. He stated the detective sgt would utilize
present personnel. He stated he would recruit for a juvenile officer.
He estimated the cost for the rest of the year would be $8800 to $8900
and that there was no money in the budget for this. Mr. Jerman
stated this money would be taken out of unallocated reserve. Mr. Pinson
stated the positions are to be discussed with the Civil Service
Commission to review the salary.
Councilman Hulsey recommended a "rap session" with the Council, department
heads, City administrator which would be closed on a Satunty to iron out
cummunication problems.
Mr. Jerman stated the mill levy extension request had been granted
by the Division of Local Governments and he is awaiting a reply from
the County Commissioners on the matter.
Mr. Jerman stated they had received communication from Lakewood on
the Bosick property to become a community park that they would
not be interested unless it was a 3-way project between the county,
Lakewood and Wheat Ridge. It was agreed to contact the County to
give them one last chance to join. Co~ncilman Turner stated they
should be told the intent of the open space law was to preserve
flood areas as open.
Meeting was adjourned at 10 55 p.m.
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