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HomeMy WebLinkAbout04/19/1976 MINUTES April 19, 1976 The Three hundred and twenty-fourth regular meeting of the Wheat Ridge City Council was called to order by Mayor Frank Stites at 7 3D p.m. at 4355 Field Street. Councilmen attending were Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Treasurer James Malone, City Clerk Elise Brougham, staff and interested citizens. There being no additions or corrections to the Minutes of 4/12/76, the Mayor declared them approved as written. Public Comment was made by Roy Combs of 3815 Robb Street asked if there was a move to widen or average out the width of W. 38 Avenue. Mayor Stites stated the street program had been approved by the Council and that the width of W. 38 Avenue from Kipling west would be averaged out to 32' as it presently varied from 24' to 44'. Mr. Combs stated he was against any widening of W. 38 Ave. as this would threaten the safety of the walkway to 3 schools and would increase the speed of the cars, and that if an accurate average of the width was used it would be decreased in places. An article had appeared in the Kullerstrand Elementary School newsletter pertaining 1;0 W. 38 Avenue, and Councilman Turner stated she had contacted the principal and stated parts of W 38 Avenue that are less than 321h' will be averaged out to 32'Y2'. She stated this will not take out the walkway but will reduce the area between the street and the walkway. Both Councilmen from Ward III. stated they are opposed to widening of W. 38 Avenue Item 1. was award of bid for the installation of tennis courts at W. 45 Avenue and Vance and court reconstruction at Panorama Park. Mr. Neal Bastable of Landplan Design Group of 2420 5. Federal was present who had prepared the design for bid. Discussion arose as to the proper amounts to be charged to various accounts. Motion by Councilman Merkl "I move we table the item until the accounts can be straightened out." Motion was seconded by Councilman Turner and passed unanimously. Item 2. was award of bid for installation of recording/transcribing equipment. Attached was a report on the feaSibility of distributing the cost throughout departments that use the equipment with the concluding recommendation that the funding be from Unallocated Reserve 499.66 and transferred into Account 410.22. Motion by Councilman Turner "I move this matter be tabled until a proper resolution can be drawn up for transfer of funds." Motion was seconded by Councilman Howard and passed 5-1. Councilman Cavarra voted "nay." City Treasurer James Malone had recommended that transferring of money from one account to another be done by resolution as it had been so practised in prior years. Item 3. authorize account number charges for I:he purchase of vapor recovery equipment on existing City gasoline tanks to the existing pumps was scheduled. Mr Jerman stated the federal law had been passed June 1973 and that the City had not received not! ficaUon on this matter, but a dealer had given verbal notification to the City. Motion by Councilman Merkl "I Move thai the cost of the vapor recovery system be charged to the following accounts 421.21 -$250.00, 422.21- $550.00, 450.21 - $450.00, 450.21 - $25.00, 451.21 - $50.00, 452.21- $575.00, 453.21 - $100.00, 418.21 - $100.00, 417.23 - $50.oo.for a total not to exceed $2,150.00." Motion was seconded by Councllman Donaldson and passed 5-0. MINUTES - 4/19/75 - Continued -2- ILI::iIII 4. award of bid for 0 ::itrl::i8t 5W88p8r was ::icheduled. The bid opening had been on 4/9/76 and the Farris Machinery Co. had made a mistake in addition which had made them the low bid, but they had asked that their revised bid be considered with the corrected figures. Mr. Paul Walls of 5820 Dahlia from the Farris Machinery Co. was present. Councilman Howard stated the bid could not be amended, but it could be withdrawn. Mr. George Rhodes, City Buyer was present to answer questions Motion by Councilman Howard "I move that the lowest and best bid be awarded to Booth-Rouse Equipment Co. at 5700 Eudora 5treet, Commerce City CO for a combination sweeper and frontend un loader Wayne 3 wheel Model 2-993 at a cost not to exceed $28,083.00 to be charged to Account 745.00." Motion was seconded by Councilman Merkl and passed 5-1. Councilman Turner voted "nay." Item 5. was a request to accept proposals by Howard Electric Co. for traffic signal modifications at 32nd Ave. and Teller and 38th Ave. and Wadsworth. Mr. Jerman stated no bids had been sought and that City Engineer Jesse Russell had recommended using Howard Electric since the material involved was salvage and this would be under regular maintenance work. The total cost would be $3906.40. When asked by Council, City Buyer George Rhodes recommended bidding on this item. Motion by Councilman Howard above Item 5.)" Motion was 6-0. "I move we go out for bids (on the seconded by Councilman Turner and passed Item 1. was brought up again on award of bid for tennis courts with the correct account numbers. Motion by Councilman Hulsey "I move that the lowest and be~t bid be awarded to Asphalt Paving Co. at 14802 W. 44 Avenue, Golden, CO for new tennis courts at W. 45 Ave. and Vance and court rehabilitation at Panorama Park at a cost not to exceed $39,616.00 to be charged to the accounts as follows 544.00 - $18,500.00, 545.00 - $14,516.00, and 840.00 $6,600.00." Motion was seconded by Councilman Donaldson and passed 5-1. Councilman Cavarra voted "nay." Councilman Merkl voted "aye", Councilman Turner voted "aye", COI mcilman Howard voted "aye", Councilman Hulsey voted "aye" and Councilman Donaldson voted "aye." Meeting was adjourned at 8 40 p.m. STUDY SESSION Item 1. was submission of the Revised Sign Code as proposed by the Sign Code Revision Committee. Chairman Wayne Preston was present and commented that they had included billboard zoning known at B-1, B-2 and B-3 and that basically this code was more relaxed than the previous one. A schedule on proposed Public Hearing dates was presented to Council. Councilman Merkl asked if one of the Public Meetings could be in the evening. Mr. Preston stated they would change the time. He also stated this was comparable to the Denver sign code Councilman Cavarra, who was a member of the Sign Code Committee, asked Council to look closely at the size change allowed for signs, and stated she feared it would put the businessman in the position of putting up bigger and better signs "just to be noticed." Councilman Merkl asked for a minority report from Mrs. Cavarra as a member of the committee. The committee was praised for its dedication and for simplifying the present ordinance and making it shorter and more understandable. MINUTES - 4/19/75 - Continued -3- I l.E~m 2. wa5 con5id8raLion of a contract with Dr. David E::. Fletcher' from Denver Universitv to prepare and submit a revision of Ordinance No. 40 p8rtaining to Civil 5ervice employees (Police Dept.)Dr. Fletcher was present and gave a brief explanation of what he would do. Council agreed to place it on the Agenda for 4/26/76 for action. Item 11. was taken up next. It was a franchise tax ordinance for Consolidated Mutual Water Co. prepared by the City Attorney as requested by Councilman Howard. Virqil Hill, President of Consolidated Mutual was present and read a statement in opposition to the ordinance. His statement is attached to the ordinance. In answer to a request he stated they serve the West and South 1/3 of the City with boundaries approximately from Voungfield to Pierce, North boundary of Clear Creek from Youngfield to Kipling with a portion on Kipling to 1-70, on 38 Ave. east to Independence, and south to 32 Avenue. In answer to a question regarding their policy on fire hydrant charges, he stated they contribute equipment for installation. It was agreed to place the ordinance on the Agenda for first reading on 4/25/75. Item 3. was proposed agreement with Urban Drainage and Flood Control District regarding construction of improvements on Lena Gulch at W. 32 Avenue and Vivan Drive~ The City's share was estimated to be $62,295.00 to come out of Account 540.00. The majority of Council stated they wanted the Ci ty to acquire easements for this work from i'he property owners at no cost to the City. There was discussion if the final plan included a walkway-bikeway and whether or not the owners would have to be compensated if one was put in. Mr. Jerman is to check this out. Mr. Jerman asked for authorization from Council to begin to contact the property owners within the confines of the agreement and obtain the proper document such as a permanent easement signed by them with no cost involved other than title search costs. Council agreed to this. Item 4. was a proposal for a heating/air conditioning system for City Hall Offices at 7470 W. 38 Avenue. The landlord, Mr. Papedo declined to go in on the cost of the equipment. The estimated cost of the project was $2441. Council recommended that less expensive and alternate ways of solving the problem be looked into. Item 5 was report of the Personnel Commission approving the position of Planning Coordinator which is presently held by Bob Richman from Grade 32 to 34. The City Administrator and Director of Administrative Services recommended against this change. Councilman Hulsey felt the Personnel Commission's recommendation should be considered, but the rest of the Council felt the pay should not change and that this had been discussed at budget time. Item 6. was a study of the cost of reducing map for City Council Public Hearings at an estimated cost of $2,000. Mr. Zwagerman stated they estimated the cost at about $9/page, and he stated at the present time all the maps are supplied by the developer. Council agreed to continue with the present procedure with no cost to the city. Item 7. was a traffic count of left turns at W. 38 Avenue and Pierce and W. 38 Avenue and Kipling with the highest number being at W. 38 Ave. and Kipling. Clyde Hobbs, Director of Public Works recommended there be no placement of a turn signal at either location. Councilman Howard requested another count including through traffic. Concilman Turner requested that accident reports at both locations be given. Council agreed to defer this for this additional inform~on. Councilman Donaldson asked why the turn signal at 44 Ave. and Harlan had been removed MINUTES - 4/19/75 - Continued -4- Item B. wa5 notification from the Urban Drainage Flood Control Di5tricc concerning proper notification of flood plain area residents of the potent ial flood hazard i:J5 delir18ated in the newly adopted map Various procedures were outlined ~y Urban Drainage District as to how this could be accompli5hed in a Memorandum dated 3/26/76. City Attornev Fox stated he would prepare a document to be recorded which would itemize the property in the flood plain so that a potential purchaser of the property would be aware that the property is wi~hin the flood plain. Mr. Jerman recommended that the present property owners be notified by a published notice. Item 9. Report of costs for publication of legal notices was deferred until 4/25/76. Item 1o.A. was a staff report on the suggestion to have employees live within the City limits. The conclusion of the report was that the policy remain as it is with no residency requirements. Council felt the policy should be followed that when there are eq~ally qualified applicants, preference should be given to city residents, which is presently stated in the rules. Item 1o.B. was a staff report on use of city vehicles and alternatives. After discussion, Council felt that the number of vehicles driven home by employees should be reduced, and that the alternative of paying mileage for some employees using their own car on city business might be implemented. Mayor Stites recommended that some of the inventory of the cars should be reduced, and these suggestions are to be studied and brought back before Council. Item 10 C. was a staff report on the proposal to remove sales tax from food items by the state and the impact this would have on the cities. It was noted if the city was included in this exemption there would be a considerable loss of revenue to the City. Council agreed that a letter should be written to the state legislator and governor bringing these facts to their attention. Item 1o.D. was a staff report on revising the Flood Plain Ordinance to allow construction under certain conditions Mr. Zwagerman explained there would be 3 districts 1. Flood Way where it would be very difficult to build and should be agricultural use. 2. Flood fringe area. 3. Sheet flow area where there is backwater and flood proof construction would be allowed. Mr. Zwagerman stated his department could start on this in the fall and Council recommended that the Committee investigate the cost of obtaining a consultant to do this work and bring back a report. Councilman Turner questioned whether the Urban Drainage District re- commended these changes and was told they had. Councilman Howard requested that the resolution establishing an emergency fund which had been distributed be placed on the 4/26/75 Agenda for action. Meeting was adjourned at 11 50 p.m. ..".- ) \ -< , ) ~hk /B:~~gh'a~Jctt:; ~Cle(rk APPROVED , .....,......, STATEMENT OF THE CONSOLIDATED HUTUAL HATER COMPANY TO MINUTES - 4/19/76 - Continued - Page 5. THE ymEP~ RIDGE CITY COUNCIL RE PROPOSED FRAtlCllISE ORDnlANCE APRIL 19, 1976 MR HAYOR & MEt'IBERS OF THE HEEAT RIDGE CITY COUNCIL {{E SINCERELY APPRECIATE THE OPPORTUNITY TO PRESENT OUR VIE1,S IN OPPOSITION TO THE PROPOSED FRANCHISE ORDINlu~CE INVOLVING THE PAYHENT OF FEES BY TIlE CONSOLIDATED MUTUAL HATER COHPANY TO THE CITY WE DO NOT BELIEVE THAT SUCH AN ORDINANCE HILL PROVE TO BE IN THE BEST INTERESTS OF TIlE CITY, OR TO ITS CITIZENS BEFORE MJLXING YOUR FINAL DETEP}1INATION, WE RESPECTFULLY ASK TlIAT YOU CONSIDER THE FOLLOHING SIGNIFIClu~T FACTORS 1) IN THE STRICT LEGAL SENSE, THE CONSOLIDATED ~ruTUAL I,ATER COMPANY IS NOT A QUASI ~ruNICIPAL CORPORATION HO~mVER, IN A F~_CT~ONAL SENSE, THE COMPAlIY DOES PROVIDE HUNICIPAL TYPE HATER SERVICE EQUAL OR SUPERIOR TO HOST QUASI t-ruNICIPAL SPECIAL DISTRICTS 2) THE COMPANY IS A NONPROFIT, NUTUAL CORPORATION, lu~D AS SUCH, DOES NOT HAVE TIlE POHER TO LEVY TAXES CONSEQUENTLY ALL COSTS OF SERVICE MUST BE REFLECTED IN TilE CUSTOMER'S BILL 3) THE COMPANY DOES NOT HAVE A PROFIT NOTIVE AS IS THE CASE HITH A PUBLIC UTILITY 4) THE COHPANY PRESENTLY ALLOHS THE CITY TO USE THE COEPAJ.'TY' S FIRE HYDRANTS FOR TIlE PURPOSE OF DP~""\HNG HATER FOR THEIR STREET CLEAllING OPERATION AT NO CHARGE IT IS NOT STRICTLY THE COST OF THE ylATER PROVIDED, nUT RATHER TIlE TREHENDOUS COST SAVING TO TIlE CITY DERIVED FROM THE CONVENIENCE, OF TEE COHPANY'S HYDRANTS OVER A LARGE AREA OF THE CITY 5) THE COHPANY HAKES NO Cl1\RGE FOR HATER USED FOR FIRE FIGHTING PURPOSES, WHILE AT THE SN-lE THlE ABSORBI~G THE TOTAL COST OF OPERATING lu~D MAINTAINING HYDRJUITS DURING THE PAST THO YEARS, THE AVEP~GE COST OF HAINTAUlING FIRE HYDRANTS HAS BEEN $14 PER YEAR BASED UPON THE CURRENT NU:'IBER OF THE COHPANY' S lIYDRANTS HITHIN THE CITY, THIS REPRESENTS AN ~~UAL BENEFIT OF APPROXI~~TELY $1,500 6) ROAD CUT PERMIT FEES WITHIN THE CITY OF HHEAT RIDGE ARE SUBSTlu~TIALLY GREATER THAN THOSE IN EITIlER TIlE CITY OF LAl:EHOOD OR IN JEFFERSON COllITY 7) THE HAPLE GROVE RESERVOIR mINED AND O?EP~<\TED ny THE COHPlu'lY IS CURRENTLY SAVING THE CITIZE:1S OF HEFAT RIDGE, AND THE CITY, APPROXIMATELY $67,900 PER YEAR IN FLOOD DM~GES AT TIlE PREsm;T THlE, THE C01-IPA1N IS PROVIDI,T r 2,423 SERVICES HITlIIN TIlE CITY OF (.!'F'AT PIDI.G .lATER SERVICE TO ESTI~1ATED POPULATION OF 11 000 STOC!';I~OLD~R/GE, REPRESENTING AN , . \. 1 L, USERS infO ARE AL CITIZENS OF WHEAT RIDGE IN THE EVENT T!-L<\T T' SO IHPOSED UPON THE COHPArN, IT NAY BE NECESSAR~ FRN,CHISE TAX IS COMPARABLE M[OUNT BACK TO TI;OSE CITIZENS TO CHARGE A IS) RESPECTFULLY SUBHITTED ~~~ :; #~ VIRGIL L HILL PRESIDENT AND GENERAL llA./-JACER