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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. /{)/ ( ~ \i.~1Ll--, . 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