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HomeMy WebLinkAbout04/12/1976 MINUTES April 12, 1976 The three hundred and twen~y-third regular meeting of the Wheat Ridge City Council was called to order by Mayor Frank Stites at 7 10 p.m. at 4355 Field Street Councilmen present were Mary Jo Cavarra, Calvin Hulsey, Larry Merkl, and Louise Turner. Councilman Robert Howard arrived later, and Councilman Joseph Donaldson was absent. Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Elise Brougham, staff and citizens. A Public Hearing was scheduled for m alleged violation of the liq~or code occurring at Club Corners Inc. at 6551 West 44 Avenue. Parties involved were present as well as counsel for the license holder, Mr McDowell, who requested that the City's hearing be tabled until after the pretrial date at Jefferson County June 13th. Court Report.er Ruth Carsh was present. City Attornev Fox indicated this was up to Council but if they heard the case tonight, it might prejudice the case at the County. Motion by Councilman Merkl "I move to table the alleged liq~or violation involving Club Corners until the last meeting in June at the request of the applicant." Motion was seconded by Councilman Cavarra and passed 3-1. Councilman Turner voted "nay." Mayor Stites announced he had written votes from Councilman Donaldson who was hospitalized and asked Council if they agreed to count his votes. Council agreed to count his votes except for the Public Hearing portion of the Agenda. The votes are attached to the Minutes. The Mayor called for corrections or deletions to the Minutes of 3/29/75 and 4/5/75. There being none, he declared the Minutes approved. Item 1. and 2. renewal for 3.2 package beer licenses were scheduled. Motion by Councilman Merkl "I move for approval of renewal of 3.2 Class J1 beer licenses at 7-11 Store at 9130 W. 44 Avenue and Safeway Store at 7525 West 44 Avenue." Motion was seconded by Co~ncilman Hulsey and passed 5-0. Item 3. was a Public Hearing scheduled on Ordinance No. 209, adopting by reference Title 9 of the Lakewood Penal Code. Motion by Councilman Turner "I Move that the Ordinance be amended to add a section which states 'No trash or refuse collecting trucks shall be allowed to operate before the time of 5 00 a.mJ" Motion was seconded by COIJncilman Cavarra and was DEFEATED 3-2. Councilmen Hulsey, Merkl and Howard voted "nay." Councilman Turner made a Motion to Amend to allow the clause regarding Soliciting Subscriptions in Public Places from Ordinance 5. to be included in Ordinance No. 209, and MOTION DIED FOR LACK OF A SECOND. Councilman Cavarra stated she would like to see something in the penal code and or building code requiring that private swimming pools be locked. Councilman Merkl asked if the new penal code required that snow and ice be cleared off sidewalks, and Mr. Fox statedit did. The question was brought up if amendments were appropriate tonight, and City Attorney Fox stated that suggested amendments should be thoroughly analyzed as to legality etc. before they are passed. Councilman Merkl questioned the idea of including the deadly weapon section into the penal code since these violations were under state law and the City Court was not a court of record so the defendant could appeal to the County Court system. MINUTES - 4/12/75 - Continued -2- Motion by Co~ncilman Merkl "I move that 5action 9.70 (Deadly weapons) be deleted in its entirety." Motion was seconded by Councilman Hulsey and WAS DEFEATED 3-2. Councilmen Turner, Cavarra and Howcrd voted "nay." Item 4. was Ordinance No. 209 scheduled for second reading which repealed Ordinance 5 and 20 and adopted by reference Title 9 of the Lakewood Municipal Code. Councilman Merkl introduced the Ordinance and the title was read. Motion by Councilman Merkl "I move for adoption of Ordinance No. 209 on second reading and order it published." Motion was seconded by Councilman Hulsey and passed 5-0. Item 5. Ordinance No. 210 amending Ordinance No. 98 providing for Public Hearings was scheduled for second reading and was introduced by Councilman Merkl and the title ~s read. Motion by Councilman Merkl "I move for adoption of Ordinance No. 210 on second reading and order it published." Motion was seconded by Councilman Hulsey and passed 4-1. Councilman Turner voted "nay." Item 5. award of bid for police protective vests was scheduled. Chief Pinson stated tests had been done on various vests and it was considered that the Armour of America wrap-around vests would be best and that on all vests tested bullets ~~re deterred until one got to the magnum caliber. Chief Pinson^~t would be mandatory for all officers to wear these vests on duty. Councilman Hulsev questioned if benefits could be withheld if something happened to an officer who for some reason was not wearing a vest. City Attornev ~DX stated this question could be raised but there would be no blanket situation where the person was automatically excluded Councilman Howard questioned whether or not there was money in the police budget to pay for this. It was stated there was not money budgeted. Motion by Councilman Cavarra "I move that the best bid be awarded to Rocky Mountain Police Supply at 1051 Broadway for Armour-Hide Countour-Wrap-Around 17 layer vests at a cost not to exceed $5200.00 to be charged to Account 422.42 and authorize transfer of funds from the General Fund Unallocated Reserve Account 499.55." Motion was seconded by CO'Jncilman Hulsey and passed 6-0 including Councilman Donaldson's written voted of "aye." Item 7. was award of bid for the installation of a vapor recovery system as required by Federal Law on the city's gasoline tanks and pumps. Mr. Jerman sta~ed gas will not be delivered unless this is installed and it is not budgeted. Councilman Turner requested information as to when the law went into effect and when the city had been notified. Motion by Councilman Cavarra "I move that the lowest and best bid be awarded to Kubat Equipment and Service Co. at 1070 S. Galapago St. for installation of three Phase I OPW vapor recovery system complete for a total not to exceed $2,150.00 to be charged to Account No. 453.42 in the amount of $1400 and to Account No. 450.42 in the amount of $750, and authorize the transfer from General Fund Unallocated Reserve Account 499.55 to the foregoing expense accounts." Motion was seconded by Co~ncilman Hulsey. Motion to Amend by Councilman Howard "I move that the money not be transferred from the Unallocated Reserve, but that R surplus be found in the departments' operating budgets." Motion was seconded by Councilman Merkl and passed 3-2. Councilmen Hulsey and Cavarra voted "nay." Question was called on Co~ncilman Cavarra's amended Motion and passed 5-0. MINUTES - 4/12/76 - Continued -3- Itsm B. wa5 award of bid for the in~tallation of a recording system and microptlone bY5tem for the Council Chambers. Discussion came up that Co~ncil should not take funds out of Unallocated Reserve for this if Department Heads are not allowed to do it, and that this should be held until budget time, or the money found within the depts. Motion by Councilman Howard "I move that we place the order with Sturgeon Election Co for 1 Model 800 Code-A-Phone message center, 1 Model 130 Transcriber, new tapes for the transcriber and a six month guarantee only for a total cost not to exceed $1089 00 to be taken from Account 410.42" Motion was seconded by Councilman Merkl It was noted on the Agenda that money needed to be ransferred into Account 410.42 from Unallocated Reserve for this expenditure. Motion by Councilman Merkl "I move to table this item one week for funding by the City Administrator." Motion was seconded by Councilman Hulsey and passed 3-2. Councilmen Turner and Cavarra voted "nay." Item 9. was award of bid for a sprinkler system for Prospect Park. Motion by Councilman Merkl "I move for approval of the award of bid for the purchase of sprinkler system parts and materials for Prospect Park to CPS Distributors Inc. at 560 S. Lipan St., Denver CO 80223 for a cost not to exceed $11,121.55 to be charged to Account 646.00." Motion was seconded by Councilman Hulsey and passed 5-0 including COIDcilman Donaldson's vote of "aye." Item 10. was award of bid for installation of a traffic signal at approx. 38th Ave. and Marshall. Motion by Councilman Merkl "I move that the lowest and best bid be awarded to Howard Electric and Mechanical Co. at 5701 W. Alameda Ave., Lakewood Colo. 80225 for installation of a mid-block signal at approximately Marshall Street and W. 38 Avenue for a cost not to exceed $2432.30 to be charged to Account 541.00." Motion was seconded by Councilman Hulsey and passed 6-0 including Councilman Donaldson's written vote of "aye." Item 11. was a request to Cancel the meeting on May 31st, Memorial Day Holiday. Motion by Councilman Merkl "I move we dispense with the meeting the week of May 31st, 1975." Motion was seconded by Councilman Howard and passed 5-0. Councilman Donaldson's written vote was "aye." Item 12 was a Proclamation concerning "Tree for the Future Week" to encourage planting of trees throughout. the City sponsored by the Chamber of Commerce. Mayor Stites read the proclamation. Item 13. was recommendation that the Chief of Policeattend a workshop in San Francisco on Police Civil Liability. Motion By Councilman Merkl to attend a workshop in San Police Civil Liability at a to Account 420.15." Motion passed 5-0. "I move that the Chief of Francisco, May 24-25/75 on cost not to exceed $507.00 was seconded by Councilman Police be authorized the subject of to be charged Turner and Item 13. A. was a progress report by Mr. Jerman on the status of various city projects. He read 15 projects that had had bids awarded or were in process and 10 purchases of equipment for the City that had been authorized. Item 14 was the City Attorney's Report on the zoning matter at 2940-42 Upham Street known as the Gallegos property. City Attorney Fox requested an Executive Session with Council, which was held and the meeting was reconvened at 9 50 p.m. MINUTES - 4/12/75 - Convened -4- Item 14.A. wa5 a recommendation bV the CitV Attornev that an Ordinance be prepared to Amend Ordinance No. 35 to rectify the error in the zoning key which was in connection with the proper tv at 2940-42 Upham St. Council agreed that this should be done and should be a high priority. Motion by Councilman Hulsey "I move to settle the Civil Action pending in the District Court of Jefferson County regarding 2940-42 Upham Street, and that the settlement nolo require the expenditure of any money" Motion was seconded by Councilman Howard and passed 4-1 Councilman Turner voted "nay." Councilman Merkl reported that he had received calls from citizens reporting that the annual Easter Egg Hunt had been a great success and that the Parks Dept. had done a good job Councilman Cavarra reported that the Colorado Municipal League is concerned ab HB 1192 which pertains to land taxation and that they feel it will put an undue burden on private property owners and give the advantage to the land developers due to amendments that have been made on the Bill. Council agreed that a letter be written to the State Legislator stating concern over the amendments and that they be scrutinized. Councilman Cavarra also passed out literature on the Study being conducted on Metro Government. Councilman Howard asked when the franchise tax ordinance on Consolidated Mutual Water Co. would be ready. City Attornev Fox stated it would be ready for the 4/19/75 Study Session. Under unfinished business Mayor StliEs asked for the written reports from Councilman Merkl and Councilman Hulsey on the conferences they had attended. Councilman Turner reported she attended an Energy Conference and will have an oral report and a film at a later date. Item 15. was adoption of the Revised Council Rules of Procedure. Under No.4 of the Rules it was agreed by Council to leave Study Sessions as written allowing for one on the first Monday, although this would not prohibit there being other Study Session Meetings per month. On Page 7. under No. 24 Order of Business, Councilman Merkl recommended to delete the following sentence "Under no circumstances will the meeting be allowed to last past 1 00 a.m." Council agreed to this. On Page 3. No. 12 Appointment bV the Mavor, Councilman Merkl recommended that it be chaged as follows "Whenever the Mayor shall, at any meeting, submit an appointment to be made with the advice and consent of Council, consideration of such can be approved or can be deferred until the next regular meeting." Council agreed to this change. Motion by Councilman Merkl "I move for adoption of the Rules of Procedure as revised this evening." Motion was seconded by Councilman Cavarra and passed 5-0. Motion by Councilman Merkl "I move we also authorize the printing of the revised Rules of Procedure at a cost not to exceed $150.00." Motion was seconded by Councilman Cavarra and passed 4-1. Councilman Turner voted "nay." Item 15. was appointment of vacancies on the Mass Transit Committee. Councilman Merkl stated since there had been no citizen response and the Mass Transit Committee was interested in having bus riders on the Committee, that he would like to have circulars printed up advertising the vacancies to be circulated on the bus and which ask for membership on the Committee. Council agreed to this idea which is to be taken care of by the Mass Transit Committee and Councilman Merkl. Item 17 Communication from the Colorado Water Conservation Board giving notification tha the Revised Flood Plain Map of the City was adopted by the Board ai its meeting March 17, 1975 was acknowledged. Meeting was adjourned at 10 20 p.m. APPROVED Eli ) ./ AGEr~DA CITY COUNCIL MEETING OF THE CITY OF WHEAT RIDGE 4355 Field Street Albert E. Anderson Community Building April 12, 1976 7 00 p.m. 7 00 P M. Public Hearing on Alleged Liquor Violation, Club Corners, Inc., 5~51 West 44th Ave (Attached.) CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEM2ERS APPROVAL OF MINUTES OF MEETINGS OF March 29, 1976 (corrected) and April 5, 1376. PUBLIC COMMENT (Any pers8n may speak on any matter other than Agenda items for a maximum of three minutes, unless additional time is granted by agreement of Council Each such person must have previously signed the Public Comment Roster.) PUBLIC HEAR\[NGS lPersons desiring to speak on any public hearing must ~ign Rester in the bacy of Souncil Chambers and indicate on which item they wish to speak.) 1 Beer License for (Attached.) ACTION " Bee Ave ACTION Reference Ordinance No. 209, Title 9 I akewood Penal Code (also rEfer to Ordinances q /";;r111'COnd Reading.) (Att,ched) ORDINANCES ON SECOND READING ACTION t 4. OJ" ce No. 209 rep2aling Ords Nos. 5 and 20, ,~ Adopting by Reference Title q of the City of akewood, Colorado, Penal Code ~~11..11~counCil Action Amend if appropri3te, }1 Introduce and he' e iitle read, adopt on secund rEeding, and authorize publication \leA 51 . N~:,\ 2'1?:!'e All\ending Ordinance No. 98 I' i . Dhc ~nngs..+ i ~~l ~I..J S-il Actio~ " IntrOdl\Ce~. ~_ ha'J T~tle read, A ''I, _ adopt on second r adloAg, and ~ I author lee publication RESOLUTIONS, MOTIONS, AND DECISIONS yt' 6. ~?{1~ l/~d 7. Awa:d of bid for the Installation of Vapor Recovery I' , qUlp r uired by Federal law) on existing City sanks to the eXlsting pumps (Public Works ~. arks & Rec Depts) (Attached.) ~~'1"11~~' cil Action Award bid per staff recommendation, y total cost of $2150, charge to account 453 42 in the amount of $1400 and to account 450.42 in the amount of $750, and authorize transfer from General Fund Unallocated Reserve, account 499 to foregoing expense accounts. r purchase of Police Protective Vests (Attached.) Award bid per staff recommendation, acco~nt no 422 42, and authorize transfer from General Fund Unallocated Reserve, account 499.55 56, fpr the Installation of Recording Equipment OUnCil'\ Chamber,. (Atta~hed.) Action' Awa,rd f,d per s~aff recqmmendation, aCDbun 410 42, an~ authorize transfer \/ oy' fun s from Ge1=a~ral FunEl--l:tr1"81located ~-eserve'1r99 65 to account 410.42 in the --"amount of $1182. or the purchase of Sprinkler System Parts for Prospect Park. (Attached.) Action Award bid per scaff recommendation, and charge to account 545.00. for the Installation of Traffic Signal at location near 38th and Marshall Street (Attached.) Award bid per staff recommendation, charge to account 541 00 ncel May 31, 1975, City Council meeting City legal holiday Cancel meeting. (All City business items to be scheduled accordingly.) 12. Proclamation concerning "Trees for the Future" week, April 19 - 25, 1975. (Attached) CITY ADMINISTRATOR MATTERS 13. Recommendation that Chief of Police be authorized to attend a Workshop in San Francisco, May 24-25, 1975, on the subject of Police Civil Liability, not to eyceed $507. (AttaChed.) Council Action Authorize attendance with cost to be charged to account 420 15. 13-A Progress report of City Administrator on status of various City Projects (Attached) City Council Ci ty of Wheat Hidge -3- Ci _ =ouncil fl.genda Aprl.l 12, 1975 CITY ATTORNEY MATTERS 14. Report of Court Action re Zoning matter at 2940-42 Upham Street. l4-A. Recommend first reading of Ordinance to amend ord. 98 to rectify error in zoning key. COUNCIL MEMBERS MATTERS UNFINISHED BUSINESS NEW BUSINESS 15. Adoption of Revised Council Rules of Procedure. (Report of City Clerk.) (Attached.) Council Action Adopt Revised Rules authorize printing, charge to account 410.20 CONSIDERATION OF CoUr~CIL COMMITTEES AND CCMMISSIONS MATTERS 15. Appointment of v8ca~cies (three) on Mass Transit Committee (Attached list of interested citizens and copy of portion of minute3 re report of Ccuncilma~ Mer~l advising of Committee's desires as to residency request.) Council Action Appoint replacements from certain areas of City, if possible. PETITIONS AND CoMMLJPnCATIONS 17 Communication from the Colorado Water Conservation Board giving notification that the Revised Flood Plain Map of the City was adopted by the Board at its meeting March 17, 1975 (See attached letter and Board Resolution, March 17, 1975 ) ADJOURNMENT 4/8/75 JAJ pjk City of Wheat Ridge -4- ............'} ......~'-' 1~..l....1,. q::lCllua April 12, 1976 TENTATIVE AGENDA FOR APRIL 19, 1976 Regular ~1eetinq City Administrator Report. Award of bid for the Installation of Tennis Courts at 45th and Vance Park and for Reconstruction of Tennis Courts at Panorama Park. Study Session Authorize reconstruction of culvert and street at W 32nd and Vivian Dr and authorize Urban Drainage District to prepare all necessary engineEring plans and specifications (Capital Improvements Account.) Report from Personnel Committee, Civil Service Committee re New Pay Incentive Program. Draft of Revised Sign Code Ordinance, Sign Code Revision Committee. Consider proposals for Management Productivity Training Sessions and first line superVisory effectiveness training (Deferred from March 29, 1975 ) Progress report concerning storm drain projects in vicinity of ~5th & Marshall, 34th & Teller, 48th & Pierce (Howard Browning, KKR!\IB) Urban Drainage Flood Control District Information concerning FlOOD Plain area notification and public henrings. Proposed Heating/Air Conditioning improvement for City Hall Offices (7470 W 38th Avenue.) fl.dvertising Costs comparison Proposal of Map reduction procedures for Planning Commission and City Council Public Hearings, Estimated cost for 1975 $2,000. (Deferred from March 29, 19'76.) Review of Police Advisory Committee Resolution No 293