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HomeMy WebLinkAbout11/24/1975 flS ovember '+, 19'75 The three h' Ci ty Council '7 3[1 .m. it .ired and sixth regulE-lr meeting of the Whe t Ridge W~5 called to order by Mayor rlomer Roesener at 4355 nield Street. Councilmen present were ~ary Jo Cavarra, Joseph Donaldson, Robert Howard, Larry Merkl and Louise Turner. Councilman Calvin Hulsey was absent. Also present were Ci !;y Administrator John Jerman, Ci t Y At Lorney Fox, City Clerk Elise Brougham, CiLy Treasurer James Malone and st:aff and interested citizens. Mo ti on by Counci 1m an Turner "I move tha t the Mi nu tes of November 1'7, 1975 be approved." Motion was seconded by Councilman Merkl and passed 4-1. Councilman Howard voted "nay." City Treasurer James Malone gave his BudgeL and Appropriations Report for the month of October 1975. He stated that the City will be $100,000 short in anticipated revenue as has been projected all along. ~e stated that the sales tax revenue for November is approximately $83,000 and that when December's comes in it should reach OO~D of the projected revenue for the tax. He stated 82.75% has been received of anticipated revenue compared to 83.57% received last year to date. He stated 73.71% of anticipated expenditures have been made compared to 82.40% expended to date last year. He noted that some large bills have been received for the paving projects etc. which will reduce the large cash on hand. He also rioted thot the appropriation adjustment resolution up for passage tonight will reduce the Account 499 Unallocated Reserve which shous 4) ,B 4 to $b,494. "e noted that the Revenue Sharing fund leUl Ii ve to be loaned payment from the general fund since those paymerts are received at certain times. Councilman -1~leL~rd asked if the City I S income is less them anticipated and Mr. Malone said "yes", and Councilman Howard asked if the City would-end the veer in a deficit and Mr. Malone stCited "110, and that- he estimated the carryover to be approximately $200,000." The following liquor and beer lice e~ were up for lice de re :ewal and no one appeared in opposi tiOlI. Hr. Philip Lavel i the audience of 3545 Allison Court asked what the word attached meant or1 the Age da and it was explained this was for Cou ,cil's use. hobo by Cou cilma Turner "I move that Council approve the renewal of the Class G 3-way liquor license with extended hours for Twenty Six Twenty Five Kipling Corp. dba Paramount Lanes at 2625 Kipling St., Capa Inc. dba Holly West at 3490 Youngfield Street, Hobo Inc. dba Port 0 Entree at 4105 Wadsworth Blvd., and Ramada Inn 1-70 West at 0101: orth Service Road." Motion was seconded by Councilman Merkl and passed 5-0. Motion by Councilman Donaldson "I move to approve the renewal of the Class G 3-way liquor license for La Fonda Corp. dba La onda Restaurant at 5750 West 38 Avenue, Swiss Society at 4850 Wadsworth Blvd., and Gasthaus Ridgeview Inc. dba Gastheus Ridgeview at 4465 Garrison Street." Motion was seconded by Councilman Turner and passed 5-0. Motion by Councilman Merkl "1 move to approve the renewal of the Class D retail liquor license for Hillcrest Liquors at 4403 Wadsworth Blvd., Jolly Jacks Liquors at 4141 Kipling street, and Lakeside Liquors at 5820 West 44 Avenue." Motion was seconded by Councilman Donaldson and passed 5-0. MINUTES - 11/24/75 - Continued -2- Motion by Councilman Cavarra 'II move to approve the renewal of the Class E drugstore liquor license for Ridge Drug Co. at 5395 West 38 Avenue.'1 Motion was seconded by Councilman Donaldson and passed 5-0. Motion by Councilman Turner III move that Council approve the renewal of the 3.2 beer J1 license for the Tenneco Oil Company Food Store #150 at 12700 West 32 Avenue, and the Kipling Self Service at 4075 Kipling Street." Motion was seconded by Councilman Merkl and passed 5-0 The renewal for a Class J1 3.2 beer license for 7-11 Store at 6595 W. 44 Avenue was scheduled There is a pending alledged beer act violation at this location. The Hearing had been scheduled for 11/24/75 but had been deferred for a later time. Councilman Merkl made a Motion and later withdrew it for tabling the renewal until Dec. 8th. It was pointed out the license needs to be renewed before Dec. 1st. Councilman Howard stated he was reluctant to withdraw his second without further information. City Attorney Fox stated the attorney for Southland Corp. was willing to waive any rights if the alledged violation hearing is needed before the license renewal, but it was deferred due to the fact that a witness could not be present tonight. Joe Meyer, attorney for Southland Corp. stated they are willing to waive any objection for the alledged violation , and suggested that the renewal could be contingent on the results of the hearing. City Attorney Fox stated the renewal should not be contingent and Council should either re~ew the license or not renew it. Motion by Councilman Cavarra 'II move to approve the renewal of the 3.2 J1 beer license for the Southland Corporation dba Seven Eleven Store at 6595 West 44 Avenue." Motion was seconded by Councilman Turner and passed 4-1 Councilman Howard voted "nay.'1 Public Hearing was scheduled for the adoption by reference of the 1975 Electrical Code by means of Ordinance No. 193 which was scheduled later in the Agenda for second reading. The title of Ordinance No 193 was read. Motion by Councilman Cavarra "I mOJe that the 1975 Electrical Code be adopted by reference in conjunction with Ordinance No. 193." Motion was seconded by Councilman Merkl and passed 5-0. Case WV-75-03 a request for a 16' easement in Phillips Subdivision, Filing #2 by Vernon and Jacquelene Troyer was scheduled for Public Hearing. Marilyn Habgood of the Planning Department stated this was dad icated to Jefferson County in 1961 and the Planning Dept. had been unable to find out the purpose for the dedication. She stated the following agencies had been contacted and had registered no objections Elect. Div. of Public Service Co., Arvada Fire Dept., Public Service Co., gas Distribution, Wheat Ridge Police Dept., Mountain Bell and Wheat Ridge Public Works Dept. She stated the Planning Dept. recommended approval because it serves no purpose and the easement is only on 4 lots. Councilman Turner asked where the sign had been posted Ms. Habgood stated she believed it was on the north boundary. Councilman Turner asked if there were any structures there, and Ms. Habgood stated there were and the way this was discovered was that the applicant wanled to build a garage on the land. Marilyn Habgood stated the Planning Dept. did check with the ditch company to see if they knew of the purpose of the easement and they had no knowledge of its use. MINUTES - 11/24/75 - Continued -3- Applicant Vernon TIDIer of 4284 Hoyt was present. Councilman Turner asked him if he had discussed this with the people behind him. Mr. Troyer ~ta~ed the easement was just on the 4 properties. bhe asked what the width of his property was and he stated he thought it was 60'. She stated the drawing is confusing and the widths of the property are not the same at both ends. She asked if the 60' frontage included the 16' easement. Marilyn Habgood slated it was in addition to the frontage. Councilman Turner asked for a possible continuance in the hearing to find out if the dedication goes all the way through or not because there is a discrepancy in the drawings. Motion by Councilman Cavarra "I move that Case WV-75-03, a request for the vacation of a 16' easement for Phillips Subdivision, Filing #2 be approved." Motion was seconded by Councilman Donaldson. Councilman Howard stated there is a discrepancy in the drawings and that Lot 20 has a frontage of 48', Lot 33 has 47.84' and Lot 46 has 52.06' and that the frontage of the parcels of ground needs to be determined after the 16' is vacated and wondered if Lot 34 would become 66' and Lot 45 would be 68 wide. Motion by Councilman Howard "I move to table and continue this Case until t.he meeting of December 15th for answers to these ques f;ions." Motion was seconded by Councilman Turner and WAS DEFEATED 3-2. Councilmen Merkl, Cavarra and Donaldson voted "nay." Councilman Donaldson stated he thought it was clear in the drawings that the lots had a 60' frontage and tapered back to 52.6'. Mayor Roesener sLated he did not think the request depended on odd dimensions. Councilman Turner stated she thought it was pertinent when one lot back width showed one dimension and another showed a different dimension, and felt this should be pursued to find out if this continues on to both properties. Mayor Roesener stated the request before them was to vacate a useless easement and the problem involves a title search and survey. Councilman Turner stated that a vacation needs to be in the form of an ordinance and that these questions could be looked into farther before it comes back to Cow ncil. Question was called on Councilman Cavarra's Motion to approve the vacation and passed 3-2. Councilmen Howard and Turner voted "nay." Councilman Howard asked if this would be in the form of an ordinance and City Attorney Fox stated it must be in ordinance form. Public Hearinq was scheduled for a Class G and extended hours liquor license for Super Bowl at 7700 West 38 Avenue. Attorney Michael Villano was present who represented the applicants and Court Reporter Ruth Carsh was present who took down the proceedings Mayor Roesener read the results of the City Survey stating there are 6 existing similar outlets, 3 schools (wilmore Davis, Stevens and Martensen Elementary), Notice had been properly posted and published, the population of the 1 mile radius is approximately 14,400 and within a n mile radius is 3650. The area covered by the survey is as follows Yukon Ct. from W. 38 Ave. to the cuI de sac, 8rentwood St from W. 38 Ave. to cuI de sac, Ammons St. from W. 41 Ave. to W. 44 Ave., Yarrow St. from W. 32 Ave. to W. 34 Drive, W. 33 Ave from Yarrow to Zephyr Court, Yarrow Court from W. 33 Ave to W. 34 Drive, Upham St. from W. 38 Ave. to W. 42 Ave., W. 35 Ave. from Wadsworth to Up ham St., Up ham St. from W. 35 Ave. to W. 33 Ave., and Teller St. from W. 35 Ave. to W. 33 Ave. The survey was conducted on 11/21-23/75. The Results of the survey were 48 in favor, 28 against the license and 24 with no opinion. Councilman Merkl stated he felt some schools had been left out and tha~ Whea+ Ridge Jr. High and St. Peter and Paul School should be included. fvIIl~uTES - Iii 24/75 - Continued -4- Michael Villano, attorney for the applicants stated he had found 4 existing outlets within the 1 mile radius which were Port 0 Entree, Verns, Jenny's Italian Restaurant, and Mon Petit. He slated -here is an approved license for Ann Bolyn Restaurant on Wadsworth but it is not operating and he has seen a for sale sign there He stated Granny's Restaurant might have been included in the City's list because it is on the perimeter of the 1 mile radius. Councilman Donaldson stated the Red Lobster Restaurant is within the one mile radius and Mr. Villano agreed and stated there would be 5 existing licenses serving the area then. He called the following witnesses 1, William E. hulkin of 1401 Franklin Street who works for Market Service Assoc. and who had circulated a petition which he offered into evidence. He had contacted 525 homes and obtained 420 signatures in favor of the license. He stated some who had not signed the petition said they had no opinion or there were too many restaurants. 2. Ray Sherfey of 1150 S. Eaton Court who had circulated a petition and cont.acted 176 residences and obtained 138 signatures in favor He stated reasons given why they did not sign was that they didn't want the development or their spouse was not at home. 3. Gordon Phifer of 9004 W. Warren Drive who was one of the applicants. He stated he and the other 2 applicants who were lugene Smaldone and James Erfurdt were all ooployed by the Denver Public Schools and that he himself, had been a school teacher for 23 years. He stated other enterprises that he and his partners were involved with were the Summer Fun Day Camp, Swimland and the Valencia Apartments on W. 35 Ave. He stated this restaurant was part of a planned development Bpproved by the City and would include 80 apartment units, a 4 story office building with the restaurant and lounge on the first floor. He stated the plans show a 250 seating capacity and that he felt this would be a first class restaurant and would be much larger than other outlets in the area He displayed drawings of the plans for the interior of the restaurant. He stated he felt there was a definite need for this type of restaurant because other in the area are smaller and crowded and sometimes unavailable to customers. In answer to a question, he stated he had never owned a liquor license and was not associated with one presently. 4. Paul Waldon of 3839 Allison Circle stated he lived in the area and that he was in favor of the license because other restaurants were small and the area needs a quality restaurant and lounge. 5. Mary Kapra of 3850 Allison Street was a resident of the area and S:ated she would like to see the tax dollars kept in Wheat Ridge and presently she has to "go across town" for a similar establishment and that she was in favor of the license. 6. Henry Willis of 8015 Melrose Drive stated he had lived at his present address 1 year and before that had lived at 7650 W. 38 Avenue since the 40's and was familiar with the area of the proposed license and was in favor of its issuance. 7. Ken Williams of 7801 W. 35 Avenue, Valencia Apartments, stated he had lived there 2 years and was in favor of the license and that other areas were crowded. In answer to a question he stated he was not the manager of the apartments and had no financial dealings with the applicants. 8. The following all briefly stated they were in favor of the license c. Jean Grano of 3830 Allison Robert Seaver of 4010 Everett St. Don Bess of 7801 W. 35 Ave., Apt. 208. William Keisler of 4687 Hoyt St. Elisa Dyer of 3900 Brentwood, Age 21 years. Annette Gunter of 4661 Dover, Age 21 years. Roger Fleming of 7710 W. 35 Ave., apartment manager. a. b. d. e. f. g. MINUTES - 11/24/75 - Continu8d -5- Councilman Merkl a5k8d if th8re were any rea5on5 why the extend8d hour5 lic8n5e 5hould be granted, and Mr. Villano 5tated thi5 d085 not n88d to be prov8n and if a liquor licen5e is grant8d th8 applicant automatically ha5 the right to the extend8d hour5 if h8 paY5 the f8e. Applicant Eug8ne Smaldone of 12083 W. 27 Drive stated he wa5 a 5chool teacher for th8 D8nv8r Public School5 and that he had bU5ine55 in Valencia Aparts. and We5tridge Apt5. and that he had n8ver been involved with a liquor lic8ns8 before. Applicant James Erfurdt wa5 al50 pres8nt. Councilman Cavarra a5ked if a manager would b8 hired, and Mr. Phif8r 5tated th8Y (the partner5hip) would play an activ8 part but it would not b8 a full-tim8 job for them. Councilman Cavarra asked for an explanation of th8 plans regarding the entertainm8nt area. Mr. Phif8r 5tated th8Y plan to hav8 a 5mall band and/or vocali5t and that they plan to begin construction in the Spring and have it completed 1 year from then. Councilman Cavarra 5tated all the 5eating is elevat8d and wond8red if they W8re contemplating show type of 8ntertainm8nt. Mr. Erfurdt stated they plann8d the el8vation for 8veryon8 to 5ee the 5tage and they a150 planned to have a movable giant te18vi5ion screen for football gam85 placed 50 that eV8ryone could 5ee it. Councilman Cavarra stat8d the concept 5e8m8d to be a primary function of 8nt8rtainment in5tead of primarily dining. Mr. Erfurdt stated th8Y planned to hav8 a top quality re5taurant and ther8 would dancing also. Councilman Donald50n 5tated he wa5 well-acquainted with thi5 type of busines5 due to his job and that in ord8r to b8 succe55ful in thi5 busine5s you need to have both good 8ntertainment and good food and agr8ed with the concept. No on8 appear8d in opp05ition. Motion by Councilman Howard "I move this application be continued until a full report from the Police D8pt. on the applicants is r8c8ived." He 5tated there wa5 nothing in the file indicating th8re had b8en 5uch an inv85tigation. THERE WAS NO SECOND. City Attorney Fox sated this had been 8xplained previou51y and that th8 City will not b8 getting information on fing8rprint5 because thi5 data is no 10ng8r availab18 to them. He stat8d the applicant5,(within the cannot be convicted of a prior f810n which i5 the only information ~ast 5 yr5.) th8 Council i5 8ntitled to a5k them due to new F8d8ral regulation5 Councilman Howard asked if th8 background information form wa5 nec8s5ary any longer then. City Attorney Fox stated it had b88n th8 procedure in the pa5t to have this form filled out and presum8d it was being continued. Councilman Turner asked if thi5 was in violation of the State Liquor Code and City Attorn8Y Fox statedtf@e liquor code only requir8d that no f810ny occured within a certainA1A the past, and that the records come under the of th8 f8deral legi51ation. purview Councilman Cavarra a5ked if the police department th8ms81v8s could conduct an investigation, and City Attorney Fox stated they could if they W8re dir8cted to do 50, but they had explain8d that und8r pre5ent condition5 they could not do this with the pr858nt manpower 8tC. Councilman Howad asked the City Clerk about th8 background information 5he8t5 and th8 City Clerk explained that it had be8n discus5ed at a Council Meeting previou51y, and the5e form5 asked pertinent details on the applicant5 and the form5 were notarized that the5e were true 5tatement5. (Council had directed that the5e form5 were to be 5worn and notarized aI, the previou5 di5cU55ion on thi5 5ubject.) Councilman Turner a5ked if it was proper that the police report5 on police activity at the 8stabli5hemnt5 wa5 rec8ived at the time of license renewal and Mr. Fox 5aid "ye5." Councilman Cavarra a5ked if the lic8n5e for AnnBolyn wa5 in 8ffect City Attornev Fox 5tated it had b8en approved but not i55ued yel, MINUTES - 11/24/75 - Continued -6_ and that a need had been established for the area. If there would be d new owner, they would have to build in compliance with the plans presented at the time of application. Motion by Councilman Merkl "I move for approval of the Class G and Extended Hours liquor license for Gordon Phifer, Eugene Smaldone and James Erfurdt dba Super Bowl Restaurant at 7700 West 38 Avenue, and that the license be issued only upon completion of the building and upon issuance of the building permit in accordance with the plans submitted this evening." Motion was seconded by Councilman Howard and passed 4-1. Councilman Cavarra voted "nay." Resolution No. 425 authorizing appropriation adjustments for various departments was introduced by Councilmar Merkl and was read Councilman Merkl asked if this was the final resolution regarding adjustments, and Mr. Jerman stated it included everything that they knew of and that it had been gone over with each department Councilman Cavarra questioned the amount of $21,737 in the Unallocated Reserve because she had thought that Mr. Malone had mentioned earlier in the evening a $5,994 figure for that account Mr. Jerman stated that the $5,994 figure is the unspent balance, and that ~737 is the original appropriation. Councilman Turner asked "Is there nothing in the Resolution that needs correcting and is everything accurate?" Mr. Jerman stated "everything is absolutely accurate." Motion by Councilman Merkl "I move for the adoption of Resolution No. 426." Motion was seconded by Councilman Donaldson and passed 5-0. Councilman Turner voted "aye", Councilman Cavarra voted "aye", Councilman Donaldson voted "aye", Councilman Howard voted "aye", and Councilman Merkl voted "aye." Councilman Hulsey was absent. A Resolution reaffirming the City'S opposition to the designation of a limited access freeway for Kipling had been requested at the last week's meeting. Mr. Jerman had written a report stating he had con- tacted Mr. Farley who is the Director of DRCOG and Dave Pampu DRCOG Planning Director, who both had told him there was no plan at the present time by DRCOG or others which proposes a freeway status for Kipling Street. In view of this, he felt an additional resolution would be a duplication of Resolution 371 passed in February by the Council opposing the freeway designation. Councilman Turner stated she had contacted Mr. Pampu and had been told that Kipling does have the designation of a limited access freeway on the long range DRCOG and JRPP plans, and had been told that no one is actively pursuing this designation nor is anyone actively seeking its removal. She had prepared a resolution and asked the Clerk to assign it a number and read it. Resolution No. 427 reaffirming the opposition of the conversion of Kipling St. as a limited access freeway was introduced by Councilman Turner and was read. Councilman Howard questioned what the wording difference was compared to similar Resolutions 208 and 371 which had already been passed by the Council, and stated he felt this new resolution was redundant. Mr. Harry Nylund of 10095 W. 34 Ave. stated Resolution 427 directs the DRCOG Representative to take action for the deletion of the freeway designation which the other Resolutions do not do. He stated he had called the DRCOG office also, and had been told it was still designated as a freeway on their plans. He stated it is his understanding that Lakewood and Arvada have plans for Kipling and stated he had the impression that it would be preferred if Wheat Ridge did not unequivocally oppose the freeway designation at this time until all plans are formulated. He noted that the Resolution passed in February by the Council (Resolution No. 371) opposed any changes in the character of Kipling as it presently exists. Councilman Howard stated the Council had passed Resolution No. 371 expressing opposition to the freeway and. he viewed Resolution No. 427 as repetitious, and he would vote agalnst It. M1NUTES - 11/24/75 - Continued -7- Mr. Nvland stated again that Resolution 371 did not ask the DRCDG representative to actively pursue the removal by a formal request for an amendment Councilman Howard stated Resolution No. 371 was on record at DRCDG. Motion by Councilman Turner adopted." Motion was seconded Councilman Howard voted "nay." "I move that Resolution No 427 be by Councilman Cavarra and passed 4-1. Ted Erickson, Chairman of the Centennial Bicentennial Commission was present to request approval for placing a market at W. 38 Avenue and Young field in the City's ROW. He explained the Commission would like to start with this location and planned to have 5 or 7 markers ~hroughout the City. The pillar is to be built out of Clear Creek Rock and they plan to have a placque on it stating possibly "Wheat Ridge incorporated 1959 after 100 years of history". West 38 Avenue was the old Prospect Trail also. He stated that Warren Tech School would do the work for a nominal fee and the Commission would like low growing greenery at the site also. Mr. Jerman sLated the Public Works Dept and Police Dept. would like to review this location and suggested this be carried over until 12/15/75. Councilman Turner stated Mr. Hobbs had already looked a the ~cation Mr Hobbs stated he had inspected the proposed location but didn't have any plans, but at that time he couldn't see any obstruction to traffic. Chief Pinson Sated he had gone out with Clyde to examine vision obscurement, and he was concerned with people crossing the street to look at it and that this could be a hazard for the pedestrians. Councilman Turner asked Mr. Erickson if he was asking the Council for financial help for the pillars and he stated "yes." Councilman Merkl stated he felt this looked interesting and felt the Commission had put a lot of time into this project. Motion by Councilman Merkl "I would move that consideration and approval of this project be sent back to staff and returned to this City Council on December 15th for our approval or disapproval." Motion was seconded by Councilman Turner and passed 5-0. Councilman Turner asked if the report was finished sooner, if it could be brought back earlier. Mr Erickson had passed out a plan of the pillar and Councilman Turner stated also attached was the application that the Commission had submitted to the State for the Centennial designation which various projects listed. Mavor Roesener stated he felt the report could be brought in earlier, if possi~e Ordinance No. 193 repealing Ordinance No. 106 and adopting the 1975 Electrical Code by reference was introduced by Councilman Merkl on second reading and the title was read. Motion by Councilman Cavarra "I move that Ordinance No. 193 be adopted on second reading and have the Clerk order it published." Motion was seconded by Councilman Merkl and passed 5-0. Ordinance No. 196 was introduced by Councilman Donaldson which amended Ordinance No. 135 by increasing the use tax to 2% and the title was read. Motion by Councilman Donaldson "I move for the adoption of Ordinance No. 195 and order it published and poste~." Motion was seconded by Councilman Merkl. *Note, posting is no longer necessary. Councilman Turner questioned if this increase was necessary now, and Felt that 1 year from now the additional boost in revenue might be more needed, and questioned whether or not the use tax has to be the same as the sales tax. Mavor Roesener stated he felt this was the proper time to generate revenue to carryout programs that are needed. MIi\JUTES - i 1/24/75- Continued -8- Councilman Cavarra stated this revenue is not part of the 1976 Budget, and she was against the increase because it would be an additional burden on a certain group that is already hit with inflation and that she felt the 1~ was adequate. ' City Attornev ~ox stated if it car in Wheat Ridge he will pay of Wheat Ridge he will pay 1%. is not passed if a resident buys a 2% sales tax, d f h b . an i e uys 1t outside Councilman Merkl stated that the use tax is on autos and lumber materials and if a person goes outside the City to buy these things it would be cheaper for him and that it is wrong not to increase the use tax. He stated if a person bought a car outside the City and uses our streets because he is a resident that it puts a burden on our services without increased revenue. Mayo~_Bpe~~~er sLated the difference in the lower price outside of the City limits due to the tax might be the deciding factor for someone buying outside of Wheat Ridge. Question was called Ordinance No. 196. voting "nay." on Councilman Donaldson's Motion to pass The vote was 3-2 with Councilmen Turner and Cavarra ~ou~cilman Turn~~ asked if the Ordinance passed due to the 3-2 vote. City Attornev Fox stated the Statute requires a majority vote of all members of Council which would mean 4 votes in the affirmative, so consequently the ordinance is defeated and is not approved on first reading. Mr. Jerman announced that there would be a Joint Study Session of the Planning Commission and the City Council on a proposed Land Use Develop. for the area of W. 32 Ave and W. 26 Ave. and Kipling on 12/10/75 at 7 3D p.m. at Everitt Jr. High. Mr. Jerman explained that this would be for information and the public would not be allowed to comment unless the Mayor changed the rule. It was stated that the 12/1/75 Council Meeting was cancelled due to attendance al. the National League of Cities Conference. Mr. Jerman read his memo regarding the franchise tax billing of Mountain Bell customers which was recently granted by the PUC. He sLated the basis of the tax was the use of city streets by the company and formerly had been absorbed as an operating expense of the company. He stated the Colorado Municipal League was opposing this and recommended that a Resolution be drawn up protesting this action. Motion by Councilman Cavarra "1 move that City Cpuncil direct Mr Jerman to draft an appropriate Resolution." Motion was seconded by Councilman Donaldson and passed 5-0. This will be presented 12/15/75. Presentation of the 1976 Salary Survey was given by Richard Andrews. Mayor Roesener stated no vote will be taken on this and it is strict.1y for information tonight. Mr. Andrews stated the survey averages 9% below other communi ties and he -sEated other cities compared like Arvada and Lakewood are larger but that Wheat Ridge has to compete for the personnel. The survey is filed. Councilman Turner stated that last cost of living increase was supposed to make Wheill,Ridge eq~al with other areas, and asked if these communities had given a 9% raise since then. Mr. Andrews stated he did not believe that all positions were brought up to parity. Councilman Merkl stated the raise given in July was based on January 1975 information, so that the parity increase given was actually 6 months behind. MINUTES - 11/24/75 - Continued -9- Councilman Cavarra asked if in the Monthly Report, a tabulation could be give~ of wh~ had resigned and the reason for leaving, or perhaps have thls furnlshed on a separate sheet to Council. Councilman Merkl stated he did not feel the name had to be given. Councilman Cavarra stated she would like the department shown and over a period of ~ime a pattern could be seen. City Attornev Fox stated if a reason is given it falls within the Public Records Law under personnel file and the Council is not entitled to that information because they are not supervising the work of these employees and are not the legal representatives. Councilman Cavarra asked if it would be alright if the person is n01 identified by name. City Attornev Fox stated "no" and said the custodian of the records shall deny access of personnel files. Councilman Cavarra felt this was a broad interpretation of personnel files City Attornev rox stated the number of people in a department or who have left is one thing, but anything having to do with reasons for leaving and their reasons is not to be released because it is of confidential nature and the right of privacy of the individuals is protected by law. Councilman Turner asked if tabulated information from the personnel is an invasion of privacy. She stated no one on the Council is asking to inspect thel~~~gs, but are asking for information for reasons IlJhy these people~wFiich might be beneficial to the governing body ~hich sets the wages. City Attornev Fox stated the Administrative jranch of the government is within the Mayor's office and he supervises "this particular area." He stated he thought things being sought at this time "are and amount to a serious encroachment upon the administrative area and is in direct conflict with the statutory law." Mavor Roasener stated he has issued a directive "that under no circumstances is any personnel file to be allowed to be shown to anybody including Council members regardless of whether they have permission from the employee or not." He stated anyone who violates that rule will be summarily fired. He stated any employee who wishes to see his own file may do so in the city personnel office. He stated every document in those files will be numbered and so stated on the jacket. He stated no records will be taken out of the office unless he is directed by Court Order. Councilman Turner asked if the Administrative people in the City were to look at the records of people who have quit and reply to the Council that a certain number resigned because they didn't get sufficient pay, for example, would it be an invasion of privacu. City Attornev Fox stated "No, it would not be an invasion of privacy." He stated this is "an extreme deviation from what the request was " Councilman Merkl stated the City Attorney is stating it can't be done and stated "around salary time the Personnel Office could do a general study giving reasons why people quit for the following reasons" it would be alright." He stated "nobody's listening to our City Attorney, and I think it's time we started." Mavor Roesener stated the previous ffiary raise was an average of 6.2% increase and that the City took more the middle area compared to other cities. He stated in the meantime other cities have since inclffised their pay, and "at this point it would not surprise him if the City was 9%" and this is why he was in favor of a pay increase on January 1st Mr. Andrews gave the result of the~ployee survey regarding splitting the salary increase between increased health insurance contribution (50%) and 2 smaller raise (~/~). He stated there will be 35% increase in '"lue Cross premiums and 15% increase in Kaiser. He stated the results showed 64 in favor of 5% across the board salary increase, 16 did not respond and 41 were in favor of the health insurance increase arid 2112% raise. MINUTES - 11/24/75 - Continued -10- Councilman Turner asked if there could be 2 plans for the employees giving those who want 5% salary increase and those who want it split. Mr. Andrews stated it would be difficult to administer 120 different plans and he doesn't recommend it. Councilman Turner stated then the only choice they have is to not grant the health plan and grant the 5% salary increase. Mr Andrews stated both could be granted. Councilman Turner st.ated then some employees would be benefiting more than others, and Mr Andrews stated the City offers certain benefits to its employees, and the employee then has the choice whether he will pick up that. benefit or not Councilman Cavarra stated that there had been a Motion settmg t.he pay increase for 4/1/75, and if there is no contrary vote taken and passed, t.hen that issue stands as passed. Mr. Jerman stated the int.ent was to present the data and to be taken under advisement "because Council hadn't had this kind of report up to now." Councilman Cavarra stated they had had the survey in their possession several days and she had had time to study it. Councilman Turner st.ated the results of the survey were very clear, as to the choice that the employees wanted. Councilman Cavarra stated her question had not bean answered. Mr. Jerman stated "there would have to be a Motion because an ordinance has to be prepared and acted on." Councilman Cavarra stated the record will show there was a Motion. Mr. Jerman said he thought it had been a straw vote. Councilman Cavarra stated it was a Motion and the City Clerk verified that a Motion had passed making the date of the 5% salary increase 4/1/76. Mr. Jerman stated there is the Police Protective Package that has to be resolved because no action has ever been taken. Councilman Cavarra asked again if it was clear that the raise would go into effect 4/1/76 unless there is another Motion on the matter. City Attorney Fox stated there was a Motion that it would go into effect 4/1/76 and that will be the beginning date unless changed, and that the existence of that Motion does not preclude another Motion on the subject. Mr. Andrews stated there were a variety of items in the PPA package. Councilman Merkl stated that this had been presented to the Council and has been previously explained. Mayor Roesener suggested coming to a conclusion on this on 12/15/75. Councilman Turner stated that the determination of the 50% health coverage and ~h% pay increase in no way effects the decision on the rest of t~ benefits in the PPA package. Motion bV Councilman Turner "I move that consideration and action be taken on the remainder of the PPA package 12/15/75." Motion was seconded bV Councilman Cavarra and passed 5-0. Motion by Councilman Merkl adjournment this evening." "I move we handle Item 565 only, before Motion was seconded bV Councilman Howard. Mr. Jerman stated he had one item on the bridge at W. 35 Ave. and JaV also which was not on the Agenda. Councilman Merkl WITHDREW HIS PREVIOUS MOTION AND STATED "I move that we finish the City Administrator's reports this evening" Motion was seconded bV Councilman Donaldson. Councilman Howard stated he did not withdraw his second. stated if it is not withdrawn, the Motion dies and he can Motion. Mayor Roesener ask for a new Councilman Cavarra sf;ated she had one item she would like to present. MINUTES - 11/24/75 - Continued -11- Motion by Councilman Turner not adjo~rn at 11 00 p.m." and passed 4-1. Councilman "I move we deviate from ~he Rules and Motion was seconded by Councilman Merkl Ho~ard voted "nay." Mr. Jerman sta~ed that Mr Russell and Mr. Binder had been working on a design for the bridge at W. 35 Ave. and Jay. He stated Mr. Binder had agreed to replace rhe bridge with a box culvert built to the Colo. Dept. of Highway specifications with the dimensions of #'X7'. He will replace the culvert to the full length of 70' and the Public Works Dept. recommends approval of this proposal submitted in letter form dated 11/21/75. Councilman Turner questioned what the size of the original one was. Mr. Hobbs stated it had been 10'X3' or 30 sq. ft. He stated he and Mr. Russell and Mr. Binder had reviewed this by doing cross sections and felt this smaller size would be adequate. Councilman Turner stated previously that the same size be replaced and feared there might be flooding problems if it is smaller and that Rocky Mountain Ditch does have serious flooding problems at Newland St. etc. Councilman Merkl agreed with Mrs. Turner. He stated the box that was there before backed up and flooded, and he was opposed to a smaller box in that area. He stated he didn't want Mr. Binder to cure the water problems, but he did not want it aggravated. Mavor Roesener commented that he didn't want the water problem aggravated due to lack of wings on the culvert which could collect the water and felt this should be looked into. Mr. Jerman stated he felt the problem at the bridge might have been due to siltage that had been collected and which should be cleaned out regularly. He stated the Chief Engineer examined if the 3'X7' box was adequate to carry the high water of the ditch and has determined if; was. Councilman Merkl stated the problem is that they're looking at the high water flow of the ditch, and the problem is when it rains and everybody's property from Applewood on down flows into the ditch and makesit go over its banks. He stated the 10' entrance doesn't handle the water properly so obviously 7' wouldn't. He stated the City should quit making problems and take care of them. He stated the siltagehas diligently been cleaned out by the Public Works Dept. so that is not the problem. Councilman Howard asked about a culvert the City put in at Ames or Benton, and if Mr. Hobbs knew the size of that one. Mr. Hobbs stated he couldn't recall the exact dimensions and would have to look it up. Councilman Merkl stated by the time the water gets to Ames and Benton it is dissipated into people's yards and basements and the streets. Motion by Councilman Turner Binder replace the culvert at box as existed there prior to Councilman Merkl. "I would move that we request that M~. 35th and Jay with the same size concrete the cave in." Motion was seconded by Councilman Turner asked if the possibility of placement of wings at City expense could be looked into also. Mayor Roesener agreed and felt Mr. Hobbs should explore this possibility. Question was called on the Motion and passed 5-0. fhere was a recommendation of the Public Works Director that the MINUTES - 11/24/75 - Continued -12- signal maintenance contract, with Howard Electric be terminated and that new bids be authorized excluding Howard Electric from the bidding. Mr. Jerman stated he recommended that this be withdrawn for the meantime because he and Mr. Hobbs had met with Howard Electric on some of the problems the City had been having and Howard Electric had explained they had had staffing problems and have corrected that now. He stated they had written a letter waiving their terms of cancelling service in their agreement, and agreeing that the City has the right to terminate Howard Electric's contract dated 4/1/74 without future penalty by either party. In answer to a question, Mr. Jerman stated they have adequate supplies now. Meeting was adjourned by a 4-2 vote. Councilmen Cavarra and Turner voted "nay." Meeting adjourned at 11 35 p.m. An Executive Session was held afterwards. /' ) APPROVED %~} .-lj / / (/ ! ;'.