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HomeMy WebLinkAbout11/10/1975 MINUTES November 10, 1975 The three hundred and fourth regular meeting of the Wheat Ridge City Council was called to order by Mayor pro tem Joseph Donaldson ar 4355 Field Street. Councilmen attending were Mary Jo Cavarra, Joseph Donaldson, Robert Howal'd, Calvin Hulsey, Larry Merkl and Louisa Turner who arrived shortly after the meeting was convened. Mayor Homer Roesener was absent. Also attending were Fox, City Clerk Elise interested citizens. City Administrator John Jerman, City Attorney Maurice Brougham, City Treasurer James Malone, sLaff and Motion by Councilman Markl 'Due to discrapancies in the previous Minutes, I move that all Minutes be tabled for one week fIT corrections." Motion was seconded by Councilman Howard and passed 5-1. Councilman Turner voted "nay." Public Comment was made by the following Marv ~ellorn of 4450 Jay Street asked why the Youth Services had been discontinued and that they had helpd her personally and had helped many adults and children. She turned in 2 petitions in favor of tha Youth Services. Norman Andersen of ~2495 West 32 Avenue stated when his house was built he had to put $1800 in escrow. He said part of this money was used for a sidewalk but $900 is still in escrow for paving the street. He said this would only pave half the street and the other people are not required to put up money to pave their half and if it was put in it would only wash out. He statad since his hearing on his house in- dicating building code violations the contractor has not improved anything, and he would like the $900 to make some improvements so his house could be habitable for the winter. Councilman Turner clarified that this was the north-south between W. 32 Avenua and there is a professional building across from it. She asked Mr. Jerman to check out this prnblem. Councilman Cavarra statad this is a recurrYg problem of half streets and that the City should take up this question and form a policy Jim ~ell~ of 4450 Jay Street was in favor of the Youth Service Program and stated he had been getting into trouble before, and if it wasn't for the services he would still be in trouble. Barrv Goldstein of 7944 Chase Circle stated he was a member of the volunteer probation department of Wheat Ridge and urged the Council to reconsider their financial support and Mrs. Howard and Mrs. Ore were valuable assets, and that similar services could easily cost the City $25,000. Lori Ponel of 6205 W. 45 Place stated the Youth Services should be continued and that it doesn't take degrees to help people but understanding. Debbie ~ellogg of 4450 Jay Street asked the Council why they are taking away the service and that if youth doesn't feel somebody is pulling for them they will go back to getting into trouble. Bud Wood of 7040 Newland stated he runs an arcade frequented by Youth at W. 44 Ave. and Garrison and the "adults of today were the youth of yesterday." He stated some of the "kids" really need help and 90% come from broken homes. He stated the City owes more to its youth than what it is giving now. Toshie Fresquez of 3470 Vivian Court spoke in favor of the job Kay Ore is doing and that she has been available all hours to help them MINUTES - 11/10/75 - Continued -2- haren Frasquez of 3470 Vivian Court said Kay Ore helped her and her parents and that; she did a better job than the mental hwlth dept. Claudia Wirth stated she volunteered to be on the Board of Youth Services. She stated there are no programs for youth and the Board was just beginning to supply this 8ervice. She stated it is normal for kids to run from their problems, and they had plans to educate teenagers by showing them institutions and riding with and talking to policemen. Greq Wells of 4089~ Ames stated he was 19 and had been on the streets since he was 15. He had been in several institutions, and because of Kay Ore he was off drugs and had no problem except for traffic violations. Javne Manninq of 3222 VWian Drive SEted she was on the Board of Youth Advisors and stated she was upset there was no longer a service and that the "mental health center is a farce" and that she cares about the children she counsels. John P. Seman of 7067 Parfet St. stated he was a principal at Martensen Elementary School and that he was active in youth service and the Kiwanis. He realized there could be budget problems and asked the Cuncil to consider to keep the organization alive financially. Paul Ross of 10620 West 46 Avenue questioned why the youth services was eliminated when the 1% sales tax had just passed, asked if the Council had done their homework, what the price on life was. He asked how many people had been helped and were they dedicated helpers and if this had reduced the load on the police and other agencies. He stated other agencies respond better when they are pushed by someone to help an individual instead of being too late in their help and he stated t.hat personalities should be left outside the Council Chamber doors. Mayor pro tem Donaldson asked for a show of hands of people in the audience interested in this which was approximately 25, and he had explained previously that Council was here to take comments but were not there to respond to questions. Case WZ-75-14 a Banned Industrial Development at 12360 West 50 Avenue by A. A. Cillessen was scheduled for Public Hearing. Dennis Zwaqerman Director of Community Development stated the land is zoned industrial and the plans are for light industrial warehousing and office space and this is a preliminary plan. He stated a variance was granted on 4/28/75. The variance setbacks are as follows East side yard - 17', West side yard- 15', Front yard - 3D' and rear yard 70'. He explained the variance was asked for because the existing setback for most of the businesses in the arffiare comprable to what the applicant requested. Councilman Turner asked if the house remaining on the west is on the proper ty. Mr. Zwagerman staJce d "no." She asked if ther e was buffering from this house and the 15' allowed between the proposed industrial building. Councilman Howard asked if the existing building on the southeast corner was included in the plan. Mr. Zwagerman stat.ed a builing of comparable size could be put in but the lot coverage could not be changed. He stated the buildings would cover 30% and landscaping would cover 11.8% He stated there is a 10' dedication on the north side of ',he street. Mr Cillessen owner of the property was present and said the buildings woul~concrete Ts. (be constructed with) No one appeared in opposition. t' I TES - '1 /iO/7S - Corli' ued -3- Motion by Councilman Merkl "I move for the approval of the Preliminary Plan of a Planned Industrial Development for property at 12360 West 50 Avenue for the following reasons 1. It was recommended by the Planning Department. 2. The Land Use Plan shows industrial zoning for the area." Motion was seconded by Councilman Hulsey. Discussion followed Councilman Ho~ard asked if the street was W. 49 Place on the city mp r Zwagerman stated the sign on the street shows W. 50 Avenue,& needs to be Councilman Turner asked what percentage of a variance can ~hecked out) the Board of Adjustment grant. Mr. Zwaqerman stated it is 100%. City Attornev Fox stated in the new statutes there is no limitation of 20% like there was before. He stated the Board is set up by statutory regulations and it is not subject to review by the City Council, and the Council's recourse is to the District Court. Question was called on Motion approving the preliminary plan and passed 6-0. Motion by Councilman Howard "I move to approve the rene~al of a Class G liquor license (3 way) for Fereidoun Pourdad dba Mon Petit at 7000 West 38 Ave' !ue." I'>'ot ion was sec onded by Councilman Turner and passed 6-0. Motion by Councilman Turner "I move to approve the renewal of a Class G and SG extended hours 3-way liquor license for Vernon D. Vohoska dba Vern's, West 44th Inc. at 7605 West 44 Ave~ue" for Hermann Wendel dba House of Lords at 4111 Kipling, for Richard Hanscom dba Wheat Ridge Lanes at 6595 West 38 AV81Ue, for Michael Watson dba Good Times Saloon at 4990 Ward Road, and for Disabled American Veterans Club at 4901 Marshall Street." Motion was seconded by Councilman Merkl and passed 6-0. Motion by Councilman Cavarra "I move to approve the renewal of a Class F beer and wine license for Ralph A. Acierno dba Cugino's Italian Restaurant at 5807 West 38 Avenue." Motion was seconded by Councilman Hulsey and passed 6-0. Motion by Councilman Hulsey "I move to approve the renewal of a Class D retail liquor store license for Applejack Liquor Inc. at 3320 Youngfield St, and for Wheat Ridge Liquors at 5808 West 38 Avenue." Motion was seconded by Councilman Merkl and passed 6-0. Motion by Councilman Merkl E drug store liquor license at 10041 West 26 Avenue." and passed 6-0. "I move to approve the renewal of a Class for T.H. Harkness dba Paramount Pharmacy Motion was seconded by Councilman Turner Resolution No. 424 rescinding Resolutions 407, 413 and 416 and which made appropriation adjustments in the various department accounts was introduced by Councilman Merkl and was read. Motion by Councilman Merkl "I move for the adoption of Resolution No 424." Motion was seconded by Councilman Hulsey and passed 5-1. Councilman Donaldson voted "aye", Councilman Hulsey voted "aye", Councilman Merkl voted "aye", Councilman Turner voted "aye", and Councilman Cavarra voted "aye". Councilman Howard voted "nay" and questioned why Account 413.09 the salary for the City Administrator had been increased. It was explained this was due to the cost of living i~- crease given to all department heads. Request for authorization for payment to Centennial Engineers for the street program engineering costs for $15,585 75 from Account 441.32 was scheduled. Centennial Engineers had signed an agreement stating that no project would overrun $10,000 but project PW-75-2 street paving was $13,808.75 because they had combined the unpaved street projects and overlay into one package. Also some streets had had work begun on them which had been later deleted from the list by Council MINUTES - 11/10/75 - Continued -4- Councilma~ Howard st~ted he felt PW-75-2 WGS 3 single project and. that It should not exceed $10,000. Mr. Sparlin of Centennial Eng~neers stated ~t the time signed (the agreement) they viewed 2 proJ:cts, one.p~vlng of gravel streets and one overlay and patching and "he top lImIt would be adequate, but they W8re directed by the former Director of Public Works on 6/17/75 to proceed with the work to all be under ~ project. Councilman Hulsev asked why the Centennial inspectors on the overlay on W 41 Avenue had not ordered the edges to be feathered into rh~ gutter. because what now exi~ts is a 3" bump. Mr. Sparlin saId the sIdewalk contractor dOIng the asphalt patching was asked to leave ~t lower an~ this wasn:t always done. Councilman Hulsev stated thIs had nothIng to do wIth the concrete contractor and that this occurs on both sides of the street where there is existing sidewalk and not new sidewalk. Mr. Sparlir stated they have IlOt had final inspection and accepted the work. Mr. Sparlin srated the $3000 for the W. 32 Avenue walkway is only for preliminary engineering studies and no surveying has been done yet He stated they haJe not accepted the work on West 29 Avenue and Grav as final yet, and that the overlay will probably have to be sealed. Mr. Sparlin stated there was a cost of $815.25 for engineering projects that were later deleted. Councilman Howard asked who did the engineering on W. 41 Avenue from Harlan to Reed Streets. Mr. Sparlin stated it was designed mostly byLhe City. Councilman Howard stated he felt the dip at 41st and Ingalls was quite low, and Mr. Sparlin stated it is an approved dip for the conditions on the street but there could be adjustments in the street for drainage. Councilman Cavarra asked if Centennial would be willing to submit proposals. Mr. Sparlin stated his company prefers to compete on the basis of qualifications and experience and don't advocate bidding engineering services. Councilman Turner asked when a project is going over $10,000 that the Council be notified in advance. Mr. Jerman stated at the time this overrun occurred there had been a change in administration of Public Works and the only problem was how the 2 directors interpreted projects, and there was no intent. by the contractor, the consultant or the city to have the amount go over. Councilman Cavarra stated next year there will be more money for street improvements and the amount spent this year would pay for 2 city engineers. She stated she felt some of this engineering work is general in nature and suggested that the City take up very soon a decision on what projects will be done inhouse and which ones will be contracted Councilman Merkl mad a Motion to approve the expenditure of ~ 688. 75 from Account 441 32 and later withdrew it due to the fact that an appropriation adjustment resolution is needed Councilman Merkl directed Mr. Jerman to bring in a motion with the proper account numbers and an appropriate resolution Mr. Jerman stated that the City had received approval from the State Department of Highways for placement of "point of interest" signs - 2 on 1-70, 1 on each off-ramp at W. 44 Avenue and 2 to direct traffic aast on W. 44 Ave. He stated the cost is under $500. Councilman ~Ierkl stated this expenditure was under $1,000 and that Council approval was not needed and directed Mr. Jerman to go ahead and authorize the project. Councilman H~lsev stated. he was glad it was brought to the attention of Cou~cll so ~hey wIll be aware of these signs. Councilman Howard asked If the sIgn could identi fy the Sod House, but ivlr. Jerman said "no" and that these are standard signs. IVIII~LJ fc.S - i/10/75 - Continued -5- Resolution No. 425 authorizing purchase of Lots 16 and 19 next to the Sod House through Open Space Funds for $19,500 was introduced by Councilman Merkl and was read. Cou~ilman -iulsev s La +- ed he WclS opposed to the price bu t fel t I:he 2 lo~ acquisition is necessary, and stated he was not "too satisfied wi th the way it was hal'dled." Cou_ncilman Merkl agreed with Mr. 'ulsey and stated "the whole thing is totally wrong to be given a price at one time and is raised later on" but he stated the City needs the land in that area Motion by Councilman Turner "I move that Resolution No. 425 be adopted." IVloLion was seconded by Councilman Hulsey and passed 4-2 Councilmen Cavarra and Howard voted "nay." Ordinance No., 19 'i. amelldi r',g Ordi nance:\:o 188 au t.hori zi r g property tax rebate to senior citizens was introduced on second reading by Councilman Merkl and was read in full. Councilman Turner suggested that since many people had already received their applications that the ordinance be 3mended to make it allowable to collect this year. Councilman Merkl stated the forms state that this is not in effect until March 31st. Motion by Councilman Merkl "I move for the adoption of Ordinunce No. 19~ on second re~di,g (and order it published.)" Motion wac seconded by CouncilmBn ~ulsey. Motion to Amend by Councilman Hulsey "I move that Section 3. Effective Dated be amended to reud uS follows This Ordinance shall take effect January 1, 1976 provided said date is at least thirty ~30 days after final publication.'" Motion was seconded by CouncilmBn Howard and passed 5-1. Councilman Turner voted "nay." Question was called on Amended Motion to adopt Ordinance No. 191 and passed 6-0. Mr. Jerman reported that he would like to start a pilot program on sales tax enforcement for 3 months to have a part-time employee check on businesses to make sure they are reporting the city's taxes. He stated this would be under the budget office and be charged from his account 413 10. Motion by Councilman Cavarra "I move we authorize the hiring of a sales tax enforcement officer to be paid for 3 months on a trial period from Account 413.10." Motion was seconded by Councilman Merkl and passed 6-0. Mr. Jerman gave a progress report on the proposed 911 centralized emergency reporting and dispatching system. He stated a tentative agreement has been drawn up but nothing is yet finalized. The cities participating are Lakewood, Wheat Ridge, Arvada and the County and the County proposes to build a $3.5 million facility for the operation. The Sheriff's Dept. agreed to the idea of dispatching done by an Authority. COUI cilmo i IVierkl recommended taking "a long ha:u:llook at this system." He stated he didn't think it was the best way for the City to go. He stated at the present time there are enough problems with the irregular boundaries with our own ~icemen without having someone dispatch at the County with no idea of where the boundaries are. He stated he personally did not favor the 911 system. Mr. Jerman stated the 911 system is being formulated to alleviate that very problem. Councilman Merkl stated he knew of one time when Lakewood, the County and Wheat Ridge all responded to a call and "they flipped a coin to see what City it was in." He stated he hoped the City "looked very hard a he 911 System" and looked at not entering into the agreemer1l:. MINUTES - 11/10/75 - Continued -6- Mr. Jerman stated the County would not be dispatching, and there would be a central staff of dispatchers who would not be the employee of anybody. They are employees of an Authority. He st.ated all of the Police Chiefs including I.he Fire Chief have participated in this to give their technical expertise to determine whether or not it's feasible. He stated in Seatt.le he observed its operation in a recent conference he attended, and he stated it worked quite well. Councilman Merkl stased he had observed the Denver 911 system and felt "it was one of the most confusing messes you've ever run into." He stated you can call in and they may be busy or tell you not to call 911 and give another number. Councilman HulseV stated nationwide that 911 is becoming a code for distress calls and that if he called and all three jurisdictions came to answer the call he wouldn't mind because there would be assistance. He stated he was in favor of 911 and you don't have to remember a lot of telephone numbers. He stated he had used the 911 system in Denver and it worked out successfully. He stated he did not want Wheat Ridge to be the only City in the County not using the system Mr. Jerman stated the system had been studied for over 2 years by the Sheriff and is now being refined with the input from the Cities and consultants have come in to review the system and show mistakes that have been made in the past. He stated when this is completed "this will be the finest system of its kind in the nation." The Board of Supervisors have an agreement with the telephone company for equipment and the County is building a communication center to house this system along with other things. He stated when it is in operation everyone will be please with the results, and he invited Mr. Merkl to come to one of their meetings to understand how this system will work. Chief Pinson stated 4 years ago discussion on this system began. He stated this system has been mandated by the federal government. He stat- ed "we're going to have 911, and I don't think we can avoid it." He sta+ed the medical profession has been pushing for this system about 1Y2 years. He stated he felt "we need input into this system." He stated it will not be like Denver's system where you call 911 and get an Operator who relays the call to police, fire or Denver General Hospital. He stated this would be an intergrated system of dispathers and switchboard operators. He stated it is a much more sophisticated system than Denver's. He stated he personally prefers the 911 system on a citywide basis, but the telephone company stated that cannot be done without an exhorbitant cost. He stated this system would not reduce his staff. He stand instead of 6 dispatchers they could perhaps use 4, but the office still has to be kept open, and there needs to be a direct line from the communication center and the office. He stated there probably would be an increase in cost but the plans are to implement the system in 1977. Councilman Cavarra asked if it was necessary to keep a switchboard operator on duty at all times in the office. Chief Pinson stated "No, but there will be a direct line of communication between the communication center and the Wheut Ridge Office...but it won't be necessary to have a switchboard operator per se." Councilman Hulse/ asked if in this proposed building, if there would be an evidence locker, so each police department wouldn't have their own 1.0 maintain. Chief Pinson stated the proposed building could possibly have i.his type of room. He stated they are also considerirlg that the records system be consolid3ted. Mr. Jerman reported that he had asked the Wheat Ridge Sentinel 1.0 print a column by him and others titled "About Your City" and was turned down, but he felt that the paper had other such columns and he wanted to publicly objec t,. ,:e s I.ated the Chamber of Commerce had printed his article in their newsletter. MINUTES - '10','5 - Co I-irlued -7- Denise haleLte e8i ,or of the Whe3!- Ridge Sef \;iliel stated she II.:Jd turned Mr. Jermano~~cause there is not enough space in he paper and even if ~here was it is not rhe paper's policy to h3ve political columns which are different from educational columns. fhe paper's policy is 10 give time to all sides. She stated she told Mr. Jerman that he could have a gues~ column or guest editorial which is open \;0 anyone. She stated f'ir. Jerman could give weekly news releases ro the paper also She stated there is a 3paration between ads and news and it is unethical to correlate the two Councilman HulseV asked City Attorney Fox to look into the possibility of using other papers for the City's legal advertizing. Mr Jerman and several Councilmen sLated they did not feel his column was political. Presentation of the 1976 salary survey and consideration of emGloyee raise versus a health plan contribution were scheduled on the Agenda and were deferred. A request to assign a city vehicle to the new Chief Engineer on a 24 hour basis was scheduled Councilmen Turner and Merkl stated they did not feel he needed a car on a 24 hour basis and basically worked an 8 hour day. Councilman Cavarra agreed and recommended reviewing all car assignments. Motion by Councilman Turner "I move that the request for a vehicle i~o be assigned on a 24 hour basis be denied, and that a car be available \;0 the Chief Engineer during the work day or on special additional city business." Motion was seconded by Councilman Merkl and passed 6-0. Mr Jerman stated this would be a car presently assigned number 47. Mr. Jerman reported a survey is being done by Mr. Lyle Kohler of fire fighting capabilities and if the results of the survey are satisfactory there could result a lower classification in Wheat Ridge for commercial area 5% and residences 2-3% lower. He stated after all the findings arB made, the City does have a chance to correct problems before the final rating is turned in City Attornev Fox stated he has a conflict and cannot attend the National League of Cities conference in Dec. and has asked Dana Strout to attend instead. Councilman Hulsev stated he reported seeing a Townrider bus with Wheat Ridge on it instead of Arvada. Councilman CavBrra suggested that the meetings set up by the Planning Commission for hearing on the comprehensive plan have the Major Thoroughfare Plan combined with the 12/4/75 proposed meeting because of the short time for all citizens interested to be contacted. Motion by COJncilman Turner "I mQE to change the number of Resolution No. 420 as passed on 11/3/75 concerning the Jefferson County Community Center to Resolution No. 421 and have it duly noted in the margin of the Minutes of 11/3/75." Motion was seconded by Councilman Merkl and passed 6-0. Motion by Councilman Cavarra 10 the Board of Adjustment." and passed 6-0. "I move to reappoint Herbert Schillereff Motion was seconded by Councilman Merkl Motion by Councilman Merkl ~he Planning Commission " and passed 6-0. "I move to reappoint Leland Stewart to Motion was seconded by Councilman Howard MINUTES - 11/10/75 - Continued -8- Communications from Mrs Dottie Lamm regarding the Governor's Task Force on Children, from the Department of Military Affairs regarding Standards of Bridge Structures and the DRCOG's Urban Systems 5 year Capital Improvement Program were suggested by Mr. Jerman to be noted and fllBd. Councilman Turner suggested that the bridge standard be turned over to the engineering department. Councilman Cavarra noted that the Urban Systems shows Wheat Ridge's portion on W. 44 Avenue Kipling to Wadsworth and stated that originally it was Kipling to Youngfield. Councilman Howard who is the DRCOG representative stated he would check this out. Meeting was adjourned at 10 45 p.m. APPROVED } '-, '! crt~) / '-C "-'I / I -, ____ /c-L / ~ - / .~ , /' '.-'