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HomeMy WebLinkAbout06/28/1976 MINUTES June 28, 1975 A Study Session was called to order by Mayor Frank Stites at 5 47 p.m. at 4355 Field Street. Councilmen present were Joseph Donaldson, Mary Jo Cavarra, Robert Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Elise Brougham, City Treasurer James Malone, staff and a room full of interested citizens. The item for the Study Session was a discussion with Sheriff Harold 8ray regarding Councilman Merkl's proposal to look into contracting with the sheriff's department for police services. Jefferson County Sheriff Harold Bray suted he did not have any actual information prepared on the proposal but stated he is definitely not pursuing the idea of contracting services for Wheat Ridge. He explained that in the past he had been interested in it but the circumstances have changed and it is an entirely different set of circumstances to be considered at present. He stated he would not take his staff's time to do a study on the proposal unless it was a united, unanimous request by the City Council. Mayor Stites brought up several technical problems that would have to be worked out if the City were to contract. Several Councilmen commented that it was not a unanimous decision to look into contracting. Councilman Merkl stated he felt it was his duty to look into ways of saving money and stated he would like to pursue the idea further. Councilman Donaldson stated he had not been shown that money could be saved and felt the issue should be dropped Public Comment was made by Bob Folk of 3920 Hoyt stated economy should be sought within a department and that the police department should remain as it is. Bob Johnson of 3955Y2 Upham stated he felt the sheriff's department was understaffed and that wages and salaries will cost the same at either place. He stated the City would lose control under the Sheriff's department and stated it should remain as it is. Ron Davis of 7975 West 39 Avenue spoke on behalf of the Directors of the Chamber of Commerce who endorsed the city's own police force and stated it was rated highest in the task force report. Shannon Geis of 4290 Otis stated she felt this had been damaging to the moral of the police department and that the investigation had been damaging last year. She stated she feared the department would lose good personnel and could become unionized. Mayor Stites noted that a letter from the Wheat Ridge Fire District had been distributed endorsing the Police Department. REGULAR MEETING The three hundred and thirtieth regular meeting of the Wheat Ridge City Council was called to order at 7 30 p.m. by Mayor Frank Stites. Those attending have been cited above. Resolution No. 449 expressing confidence in the polirR depRrtment and abandoning the idea of contract,ing police services with the sheriff's department was introduced by Councilman Hulsey and was read Motion by Councilman Turner "I move Resolution No. 449 be approved." Motion was seconded by Councilman Cavarra and passed 5-1. Councilman Howard voted "nay". MINUTES - 5/28/75 - Continued -2- Item 1. was the Budget and Appropriations Report for the month of May which was presented by City Treasurer James Malone. 45.BB% has been received to date compared to 40.10% last year and 35.16% has been spent to date compared to 33 70% last year. The report also included reports on the Revenue Sharing Fund, Capital Improvements Fund, Park Acquisition Fund and Conservation Trust Fund. Item 2. a Resolution authorizing the purchase of a Certificate of Deposit was deleted. Item 3. Resolution no. 450 authorizing investing of funds at Key Savings & Loan Assoc. was introduced by Councilman Donaldson and was read. Motion by Councilman Turner III move Resolution No. 450 be approved." Motion was seconded by Councilman Donaldson and passed 6-0. There being no corrections to the Minutes of 5/21/75 and 5/14/75, the Mayor declared them approved as published. Public Comment was made by Karen Law, District Manager of the Rocky Mountain News who stated that one of their carriers had been walking down W. 44 Ave. and tossed a stone It broke a window at Los Panchos Restaurant. The owners had agreed that he pay ~O and they had thought everything was settled and the owner was satisfied. The boy had to go 1:0 a conference and was put on 5 months criminal mischief probation. She stated she felt this was harsh treatment and also stated many carriers were afraid if they broke a window delivering a paper they would receive the same treatment. Mrs. Medina of 4455 Harlan Court stated she did not understand the charge and that the boy was very upset and that she would like to have the case reopened. City Attorney Fox stated juvenile cases are only handled through the District Attorney's Office at the County and if there is no problem after 5 months the child will have nothing on his record. He agreed to meet with Mrs. Medina at the District Attorney's Office at Golden at 9 00 a.m. on 5/29/75. Mr. Clyde R. Younq Of 4350 Tabor stated the new lawn at the Sod House needed water very badly. Rich Bredt stated the pump is full of sediment but they are working on the problem. Amos Leaf of 2845 Chase questioned why a Board of Adjustment Hea ing was held on a fence that had been built 9Y2' without a permit and was extended into the street. He stated at the hearing the Board stated they could not hear the case because they could not rule on ROW. Mr. Zwagerman stated the request was for a 5' fe~e and that it can not be in the ROWand if it is, it will be ordered taken down. Bob Johnson at 3955Y2 Upham Street stated he felt W. 35 Avenue from Pierce was in terrible condition since the Denver Water Board project and wondered when it would be corrected. Councilman Merkl stated they will pave it this summer but are first testing to make sure the pipe does not leak and also the City of Wheat Ridge is to install drainage fixtures before the paving. Item 4. was a Public Hearing for a change of corporate officers for Club Corners Inc. which has a Class G 3-way liquor license at 5501 West 44 Avenue. The corporate officers Walter Weldon, Dennis Sobczak and Charles Fyffe were present. Motion by Councilman Howard "I move to approve the change of corporate officers for the Class G 3-way liquor license for Club Corners Inc. at 6551 W. 44 Avenue to Walter Weldon, Pres., Charles Fyffe, Vice Pres., and Dennis Sobczak Secry/Treas." Motion was seconded by Councilman Merkl and passed 5-0. MINUTES - 5/28/75 - Continued -3- Item 5. was a request for a Special Events License for Carnation F8stival 1975 by the Wheat Ridge Chamber of Commerce. Motion by Councilman Donaldson "I move to approve the issuance of a special events permit for August 19, 1976 at 12 00 noon through 8/21/75 at 12 00 midnight for Lhe Wheat Ridge Chamber of Commerce dba Carnation Festival 1976 to sell 3 2 fermented malt beverage." Motion was seconded by Councilman Cavarra and passed 5-0. Item 6. was a request for a Special Events Licenffi for Federation of German-American Societies. Motion by Councilman Donaldson "I move to approve the issuance of a special events permit for July 11, 1975 from 9 00 a.m. to 8 00 p.m. to j-he Federation of German-American Societies to sell beer, wine and liquor" Motion was seconded by Councilman Turner and passed 5-0. Item 7 was a Public Hearing for Case WZ-76-10 by Melvin and Kerry Butterfield requesting rezoning from Residential-Two to Restricted- Commercial at 4550 Wadsworth Blvd. Dennis Zwaqerman, Direct,or of Community Development stated the staff and the Planning Commission recommend approval and that there was R-C zoning to the north and south of the property. The proposed use is a real estate office. Applicants Kerry Butterfield of 1355 Lee and Melvin Butterfield of 10845 Morrison Road were both present. No one appeared in opposition. Motion by Councilman Merkl "I move for approval of Case WZ-75-10 requesting rezoning from Residential-Two to Restricted-Commercial for the following reasons It was recommended by the Planning Department and the Planning Commission." Motion was seconded by Councilman Howard and passed 5-1. Councilman Cavarra voted "nay." Item 8. was a Public Hearing for Case MS-75-04 by Werner and Esther Banzhaf for approval of a Minor Subdivision at 11350 W. 38 Avenue. Councilman Cavarra stated the map given Council was incorrect. Councilman Turner asked the City Attorney if she could vote on this case since her property was adjacent to it. She stated she saw no conflict and did not have a financial interest. It was stated she had attended a Board of Adjustment meeting regarding this land. Council was polled and passed 5-0 that Councilman Turner should abstain from voting on this case. (Councilman Turner abstained in the poll.) Councilman Cavarra stated she would abstain also since she lived across the street from the property. Planning Commission had recommended approval of the case with the stipulation of using the sanitation district easement for a walkway and if this was not possible to require 5' dedication on the east. The subdivision is for 2 parcels. The proposed use is growing nursery stock which is an allowed flood plain use. Tom Passe, attorney representing the applicants who were also present spoke against the pathway dedication since there were other roads which allowed access to the gulch already. No one appeared in opposition. Motion by Councilman Merkl "I move that Case MS-75-04 be approved as it was recommended for approval by the Planning Commission and the Planning Department. I further move if an agreement for development improvement for Lena Gluch, should it become necessary in the future, be worked out with these property owners, and j-hat said agreement be worked out prior to acceptance of the final plat." Motion was seconded by Councilman Howard and passed 4-0. Councilmen Cavarra and Turner abstained. MINUTES - 5/28/75 - Continued -4- Item 9. wa5 a Public Ilearing for Case WZ-76-11 a rezoning request from Residential-Three to Restricted-Commercial at 3550 Wadsworth Blvd. by Donald E. and Christine Frazier. Dennis Zwaqerman stated the request had been amended at the Planning Commission to Restricted- Commercia~-One and the Commission recommended approval. The applicants were present and stated the land was no longer desirable as a place to live and they had a potential buyer who intended to put in an insurance office. No one appeared in opposition. Motion by Co~ncilman Donaldson "I move that Case WZ-75-11 requesting rezoning from Residential-Three to Restricted-Commercial-One be approved for the following reasons 1 It meets the wishes of the neighborhood. 2 It will comply with the proposed Comprehensive Plan. 3. It is an upgrading of the property." Motion was seconded by Councilman Hulsey and passed 5-0. Item 10. An Ordinance regarding a telephone tax for the remainder of 1975 was deferred until 7/12/75 at the request of the City Attorney. City Attorney Fox brought up a matter that was not on the Agenda. He stated he had 5 Resolutions pertaining to 5 different properties in the vicinity of W. 47-49 Ave. on VPn Gordon that had had land dedicated and recorded at the County but the dedication had failed to state it was for road purposes. These properties will not be served by the Denver Water Board until the land is dedicated properly. Resolutions No. 451, 452, 453, 454, 455 and 455 were introduced by Councilman Merkl. The property owners names and the legal descriptions were read. Motion by Councilman Merkl No. 451, 452, 453, 454, 455 Howard and passed 5-0. "I move for the adoption of Resolutions and 455." Motion was seconded by COJncilman Item 11. was request for an addtional premium for the Commercial Business Policy from the Norman Gallaher Agency. Mr. Gallaher stated this increase was due to additional exposure as determined by the annual audit. Motion by Councilman Turner "I move Council approve payment of $1535.00 to Norman A. Gallaher Insurance Agency for the additional premium due on the Commercial Business Policy and that the following accounts be charged Communit,y Dev8bpment Police Depart. Admin. Public Works Admin. Parks & Recreation Admin. Motion was seconded by Councilman 418.35 420.35 440.35 450.35 Cavarra and $300.00 335.00 500.00 500.00." 5-0. passed Item 12. was a proposal to hire Wright McLaughlin Engineers for consulting services on Lena Gulch regarding ROW requirements for the improvement and alternate channels within the Red Barn area. Motion by Councilman Cavarra "I move we authorize the Mayor to enter into an agreement with Wright-McLaughlin Engineers to conduct a Right-of-Way study at a cost not to exceed $1100.00 for preparation of the report to be charged from Account 540.00 Capital Improvement Fund." Motion was seconded bV Councilman Turner Rnd passed 6-0. Councilman Merkl voted "aye', Councilman Turner voted "aye", Councilman Cavarra voted "aye", Councilman Donaldson voted "aye", Councilman Howard voted "aye" and Councilman Hulsey voted "aye." MINUTES - 5/28/75 - Continued -5- Item 13. was Resolution No. 457 which was inlroducBd by Councilman Donaldson urging the County Commissioners to submit a ballot question to allow the Open Space Sales Tax Funds to be spent for parks and open space development costs in addition to land acquisition. The Resolution was read in full Councilmen Cavarra and Turner both felt this was premature at the present time . Motion by Councilman Donaldson "I move for approval of Resolution No. 457." Motion was seconded by Councilman Merkl and passed 4-2. Councilmen Turner and Cavarra voted "nay" Item 14. was approval of the revised Intergovernmental Agreement for the fabridam installation at Maple Grove Reservior and providing for a pro rata city contribution toward replacement costs and yearly maintenance costs. Motion by Councilman Merkl "I move for approval of the Maple Grove Reservoir Improvement Contract and authorize the Mayor to enter into this agreement." Motion was seconded by Councilman Donaldson and passed 5-1. Councilman Cavarra voted "aye", Councilman Donaldson voted "aye", Councilman Howard voted "nay", Co~ncilman Hulsey voted "aye", Councilman Merkl voted "aye" and Councilman Turner voted "aye." Item 15. was Resolution No. 458 introduced by Councilman Merkl establishing a Police Advisory Committee for one year with specified duties and was read. Motion by Councilman Merkl "I move for the adoption of Resolution No. 458 and order it published."* Motion was seconded by Councilman Donaldson and passed 5-0. *Note-Resolutions are not published. Motion by Councilman Turner to amend Resolution No. 458 to allow for 4 appointments to expire at the end of one year and 3 appointments to expire at the end of 2 years was DEFEATED 5-1. Councilmen Cavarra, Donaldson, Howard, Hulsey and Merkl voted "nay." The following appointments were made to the Committee Councilman Howari appointed Mr. Shields Orr at 10555 W. 45 Ave. Councilman Turner appointed Harvey Kolesar of 3737 Garland St. Councilman Hulsey appointed Mrs. Shannon Geis of 4290 Otis St. Councilman Cavarra and Donaldson will make their appointments at the 7/12/75 meeting. Mayor Stites appointed Mr. Wayne Welch at 3454 Jellison Court Councilman Merkl appointed Anthony Sergeant at 3035 Gray. Motion by Councilman Howard "I move the appointments made tonight be confirmed." Motion was seconded by Co~ncilman Hulsey and passed 5-0. Item 15. System. not been was approval It was noted distributed. of the County-wide 911 Emergency Communication that the agreement had been revised but had Motion by Councilman Merkl "I move to table this item until 7/12/75." Motion was seconded by Councilman Cavarra and passed 5-0. Item 17. was award of bid for a sewer line at Prospect Park. Motion by Councilman Cavarra "I move the lowest and best bid be awarded to Ace Hi Sewer Inc. at 2435 S. Federal, Denver, CO 80219 for construction of sanitary sewer line at Prospect Park at a cost not to exceed the total of $2475.00 to be charged to Account 547.00." Motion was seconded by Councilman Hulsey nnd passed 5-0. Item 18. was award of bid for a cement pad for the concession building at Wheat Ridge Park. There were 2 bids and the higher one was a Wheat Ridge business which some felt should be given preference. MINUTES - 5/28/75 - Continued -5- Motion by Co~ncilman Merkl "I move that the lowest and best bid be awarded to Campbells C-Ment Contracting Inc. at 5360 Wadsworth Arvada, CO for a cement pad with a spread footing foundation at a cost not to exceed $2906.00 to be charged to Account 647.00." Motion was seconded by COJncilman Donaldson and TIED 3-3. Councilmen Howard, Hulsey and Turner voted "nay." Mayor Stites voted "nay" and MOTION WAS DEFEATED 4-3. Motion by Councilman Hulsey "I move the award of bid to go to C & 0 Concrete Contractors at 4120 Carr Street, Wheat Ridge, CO for a cement pad with spread footing foundation at a cost not to exceed $3000.00 to be charged to Account 547.00." Motion was seconded by Councilman Turner and passed 5-1. Councilman Merkl voted "nay." Item 19 City Administrator's Budget Report had been given in conjunction with the Treasurer's report previously. Item 20. was a request to hire a senior citizen for office mail delivery and for payment for 2 months of the DRCOG Minority Intern who had been working with the City previously at no salary. Motion by Councilman Cavarra "I move we investigate the possibility of working with the School District with their Work Study Program for the mail carrier position." Motion was seconded by Councilman Turner and passed 5-1. Councilman Howard voted "nay." Motion by Councilman Merkl "I move we hire a part-time senior citizen to handle sorting and distribution of the mail at a cost of $750.00 and that we pay the minority DRCOG intern for 2 months at a cost of $1150.00 to be charged to Account 417.10." Motion was seconded by Councilman Hulsey and passed 5-1. Councilman Cavarra voted "nay." Item 21. was a cost estimate of $700.00 in expense for the City Administrator to attend the ICMA Conference. Motion by Councilman Cavarra "I move Mr. Jerman be authorized to attend the International City Management Association conference in Toronto from September 25, 1975 to October 1, 1975 at a cost not to exceed $700.00 to b~ charged to Account 413.15." Motion was seconded by Councilman Merkl and passed 5-0. Mr. Jerman presented a proposal that the City purchase used compact vehicles in lieu of transfering some of the 1974 Fords from the Police Department to the other departments. He stated he felt there would be a savings compared to the rehabilitation costs of the Fords. He proposed that Council authorize purchase of 5 used vehicles at a cost not to exceed $3300 each, and that this would be out of Revenue Sharing Funds. Council was still not clear as to exactly how many cars and other types of vehicles were being removed from the city fleet and how many were being replaced. Councilman Merkl requested that the car policies of other cities be brought into Council to compare with the City's policy. Motion by Councilman Howard "I move that all the information be brought in for the next Study Session (7/19/76)." Motion was seconded by Councilman Merkl and passed 5-0. This information is to include the above requested information, how much is spent on each vehicle for maintenance, the cost involved in preparing the "new Used cars" for City use and how much renovation has been spent on the 1974 Fords already. Motion by Councilman Merkl 11 30 p.m. and no longer." Donaldson and passed 5-1 "I move we extend the meeting until Motion was seconded by Councilman Councilman Cavarra voted "nay." MINUTES - 5/28/75 - Continued -7- Councilman ME:rkl urouldllL u~ LIIE: poillL LlmL tl Courlcilllltlll Iltld requewLE:d d COat un:C1kLloWII Dr Llle c05L 011 W. 3El Avellue pavlllg !JrojecL alld tllat he did not feel this was necessary and was inconvenient for the staff. Co~ncilman Turner stated she had requested this information and did not think it was too difficult for the staff to do and that if it wa~ an answer to her in memo form would have been sufficient and the matter in no way needed to be brought up at a Council meeting. Mr. Jerman stated he would get an answer for her. Councilman Howard requested a determination from the City Attorney as to what is a conflict of interest for Council members and stated as an example, the fact that Mrs. Turner lives along Lena Gulch might invalidate her vote on the matter if this would be determined a conflict. City Attorney Fox stated he would prepare a set of guidelines for Council. Councilman Turner stated she was going to write the Colorado Municipal League suggesting that their 3 day conference be condensed in the future to save the cost of 2 additional nightsto the taxpayers and asked if Council was interested in endorsing the idea also. Mayor Stites stated he agreed with her idea. Meeting was adjourned at 11 20 p.m. I ~ia" Li ~ ~e.) .~p) ;/IY-{ '~;,t/ lJ<L- Ell ,'&Dughaffi,' 1 ty Cl1 k APPROVED i I /,/, , ~ /, 1 " / I I _ I'. /. ,., I, ,J>-