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