HomeMy WebLinkAbout06/13/1977
CITY COUNCIL MINUTES
June 13, 1977
The three-hundred sixty-seventh reqular meeting of the Wheat Ridae City
Council was call ed to order by ~,1ayor Frank Stites at 7 50 p m at
4355 Field Street
Councilmen present were nary Jo Cavarra, Joseph Donaldson, Robert
Howard, Clavin Hulsey, Larry Merkl, and Louise Turner
Also present were City Administrator John Jerman, City Attorney Maurice
Fox, City Clerk Carol Hampf Department Heads Clyde Hobbs, Robert Vidal
Dennis Zwagerman, Richard Bredt, Ed Pinson, staff, and interested citizens
The City Council Minutes of the meetings of May 23, 1977 and June 6, 1977
were approved as published
Public Comment -
Coulter Smith of 4285 Otis spoke regarding a vacant lot he owns He has
received a notice to clear the lot, but desires to leave the sign on it
Mr Zwagerman said that the Board of Adjustment has ordered the lot cleared
and that the sign is no longer in use Mayor Stites asked Mr Zwagerman to
arrange for Mr Smith to have a rehearing before the Board of Adjustment
Eric Chester of 4295 Reed Street said that he was starting a Street Address
Service and understood there had been problems in the city previously
regarding this type of service He plans to contact the resident to get
an order to do the job before any painting is done He has insurance, in
case of accident Mayor Stites directed Mr Chester to see Mr Zwagerman
and to not do any painting until okay'd by Mr Zwagerman or City Council
1 Notice from Public Service Co of franchise tax overpayment in amount
of $3,235 32 for property included in City for tax purposes in error, from
June 30, 1969 to date Harold Rust, District Manager of Public Service
said that the property in question had been included in the original
incorporation, but immediately following had been deannexed by petition and
Public Service did not know this It was discovered following the recent
Annexation of the property (Mobile Pre Mix and Prospect Park Rec District
Land) Public Service is willing to take the amount as a credit on the
next check Motion by Councilman ~~erkl "I move that we reimburse Publ ic
Service Company for a mistake that was made, and that the Mayor be author-
ized to sign thp Agreement authori7inq the reimbursement of $3,235 32 as
a Credit against the second quarter payment to the City" Motion was
seconded by Councilman Cavarra and carried 5-~ Councilman Hulsey abstaining
,~# {.P-'/, 7
7 Ordinance 233 - Permitting Fabrication and/or processing of r.oncrptp nr
Concrete Products Gary Lewman spoke re ail"s'Jecial uses" are taken
from the Planning r.ommission in Industrial districts He requested the
Planning Commission be allowed to continue as they have been in the past
r~otion by Councilman ~1erkl I move for the adoption of Ordinance 233 on
second reading and order it published" ~10tion was seconded by Councilman
Hulsey Motion to Amend by Councilman Cavarra "I move that Section 2 of
Ordinance 233 series of 1977 be amended on Second Reading as follows
Section B-1 be amended by adding and providing a subpart (d) which shall
read '(d) Manufacturing, fabrication, and/or processing of concrete or
concrete products' This use shall be permitted only upon approval of the
City Council following favorable recommendation of the planning commission"
Motion was Seconded by Councilman Merkl and carried 5-1, Councilman Hulsey
voting Nay Following the vote it was suggested that the words "following
publ ic hearing and" be inserted after the word "permitted" Motion to Amend
by Councilman t~erkl "I move that we further amend the title, and after 21C
insert the words 'Appendix A' before 'of the Code'" fvlotion was seconded
by Councilman Cavarra and carried 6-0 Regarding the business that this
Ordinance affects Mr Fox said there has been compensation for the
relocation and for the property that the highway took Motion by Councilman
Howard "I move we Table this one week" Motion was seconded by Councilman
Merkl and carried 4-2, Councilmen Cavarra and Turner voting Nay
12 Establish additional Public Hearing dates before City Council concern-
ing proposed West Aspen Co Development per Study Session discussion July
25,26,27, and 28, 1977 Mr Victor Boog of Bradley, Campbell & Carney
June 13, 1977
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stated that Mr Bradley has a previous committment out of town for that
week and would like to have the dates changed After discussion of other
possible dates that all Council could be present, and finding none that
was satisfactory - Motion by Councilman Cavarra "I move that the ad-
ditional Public Hearing dates before City Council conerning West Aspen
Co Development be set for July 25, 2b, 27, and 28, 1977, 7 00 pm,
Anderson Community Building, 4355 Field Street" Motion was seconded by
Councilman Merkl and carried 6-0
6 Ordinance - Amending sections of the Rules and Regulations of the Parks
and Recreation Department Motion by Councilman Merkl "I move that we
adopt Ordinance 234 and order it published" Motion was seconded by Council-
man Donaldson Motion to Amend by Councilman Turner "I move that Section
3 be deleted in accordance with the recommendation of the Parks Commission"
Motion was seconded by Councilman Cavarra Tom Dodd of 9960 W 34th Drive,
Chairman of the Parks and Recreation Commission spoke in favor of deleting
Section three, because it would be difficult to enforce and there were more
important things to do The Amendment was defeated 4-2, Councilmen Cavarra
and Turner voting Aye Motion to Amend by Councilman Merkl "I would like
to Amend Section 3T, in line 3, the word 'animal I to 'dog'and line 8 where
it says 'any animal' to read 'any dog' " Motion was seconded by Councilman
Hulsey and carried 6-0 Ordinance as amended was carried 5-1, Councilman
Turner voting Nay
21 Resolution Endorsing and Supporting the Expanded Use of County Open Space
Funds to include Parks and Ope n Space acquisition, Operations, Maintenance,
and Development Councilman Hulsey said that he had been to a meeting of
the Open Space Committee as the representative of Wheat Ridge and each
city was being asked to adopt the Resolution, and if possible have the
subject on the November ballot Councilman Turner asked if this had been
before the Park Commission It had not because it had just come in
Motion by Councilman Hulsey "I move that Resolution 518 be approved"
Motion was seconded by Councilman Donaldson Mr Dodd asked if the Reso-
lution could be held over one week, since no one from the Parks Commission
had been able to be at the Open Space meeting The Resolution should be
returned by July 1 Motion by Councilman Cavarra, "I move this be Tabled
one week" Motion was seconded by Councilman Turner and carried 6-0
2 Ordinance to amend Ordinance 209 - Providing for Abatement Proeedures
re Junk and Trilsh Mr Merkl -"I move for the adoption of Ordinance 235
on first reading and order it published" Motion was seconded by Council-
man Howard Motion by Councilman Turner "I move that in Section 1, line 6,
I 2 days I be changed to '5 days ", Mot i on was seconded by Counc ilman Merk 1 ,
and carried 6-0 Motion as amended carried 6-0 It was suggested that
Section 1, line 1 be amended on second reading
3 Ordinance - Code Enforcement Officers of Community Development Department
Authority to Institute Municipal Court Proceedings Motion by Councilman
Donaldson "I would like to have Ordinance 236 approved on first reading
and order it posted and published" Motion was seconded by Councilman
Merkl and carried 6-0
4 Ordinance - Repealing Ordinance No 227 - Regulating Merchant, Business
or Industrial Guards, or Patrol Motion by Councilman Donaldson "I move
for the adoption of Ordinance 237 on first reading and order it posted and
published" Motion was seconded by Councilman Cavarra and carried 4-2,
Councilmen Howard and Hulsey voting nay The City Clerk was asked to notify
the attorney for the Colorado Merchant Police of the date of the second
reading
5 Ordinance - Dogs
by Councilman ~lerkl
reading and order it
and carried 6-0
running at Large and Creating Disturbances Motion
hI move for the adoption of Ordinance 238 on first
publ ished" t~otion was seconded by Councilman Donaldson
June 13, 1977
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8 Preliminary Hearing and Setting of Neighborhood Boundary for Class G
3-Way Liquor License for Canale's Italian Restaurant located at 5016 Kipling
Street Mr Popovich of 1430 National Bank Building represented Mr Canale
Motion by Councilman Donaldson "I move that council set a Public Hearing date of
July 18, 1977 regarding the Class G 3-Way Liquor License Application by Mr
Jerry Canale DBA Canale's Italian Restaurant, at 5016 Kipling Street and
that a neighborhood boundary of one-mile radius from this location be set"
Motion was seconded by Councilman Hulsey and carried 6-0
9 Award of bid for purchase of tires and authorize purchase, when necessary,
from next low bidder Mr Rhodes said that the low bids were marked on the
bid sheet with an asterisk, premium grade tires had been specified Motion
by Councilman Turner "I move that Public Works shops be allowed to purchase
tires using the low bid and when tires are not available from those first,
the Public Works purchase tires from the next low bidder" Motion was
seconded by Councilman Merkl and carried 6-0
10 Report of comparative costs of Street Striping Equipment Mr George
Rhodes recommended that a striping machine be built using all of the usable
equipment on the present machine - guns, paint tanks, etc He said that
Larry Coyle in Denver has said that he can build one with the City furnishing
the parts, for $1000, in his spare time He can start as soon as he gets
the parts, no definite completion date at this time This man has not built
a machine from the ground up but has worked on Denver's and is familiar
with the process Councilman Howard asked if he would give a guarantee
Mr Rhodes felt that he would give a guarantee on workmanship but could not
on parts since they would be furnished by the City Motion by Councilman
Merkl "I would authorize the purchase of a new truck chassis and necessary
equipment to construct a paint striper machine in-house, the cost not to
exceed the budgeted maximum of $25,000, including $1000 labor, to be paid
to Mr Coyle This truck should be completed within 120 days Charged to
account No 19-503-808 Also, to authorize the Mayor to enter into an
agreement with Mr Coyle for a sum not to exceed $1000" Motion was seconded
by Councilman Cavarra and carried 4-2, Councilmen Howard and Turner voting
Nay Motion regarding contracting paint striping until the new striper is
built, and resolution deferred until June 20
11 Consideration of Resolution adopted by Board of County Commissioners
reappointing John Harper as member of Regional Transportation District
Board of Directors for a period of 4 years (July 1, 1977 - July 1, 1981
Motion by Councilman Howard "I move to authorize approval of action of
Board of County Commissioners and to direct the City Clerk to notify the
Board of Council Action" Motion was seconded by Councilman Hulsey and
carried 6-0
13 Approval of final payment to Pascal Construction Company for construction
of sewer line, recommended by Director of Public Works Mr Hobbs said that
there is still one problem to be cleared up Councilman Merkl said that
the pavement on 38this sinking and the patch needsrepair Payment to be made
when everything is finished
14 Home Rule Election Matters Motion by Councilman Cavarra I move for the
approval of the Memorandum of Agreement, Council Chambers as a Counting Center,
Judges list, payment of $40 to each Judge and $4 to one judge from each
precinct for delivery of ballots to counting center, $10 payment to Evangel
Baptist Church " Motion was seconded by Councilman Turner and carried 6-0
15 Approval to use State Bid Procedure for the purchase of Micro-film Equip-
ment as requested by the Micro-film Study Committee, to be purchased with
Revenue Sharing Funds Motion by Councilman Merkl "I move that we approve
purchase of Micro-film Equipment, Office Furniture and Equipment in amount
not to exceed $19,200 and be charged to Account 19-503-802" Motion was
seconded by Councilman Donaldson and carried 5-1, Councilman Howard voting Nay
Councilman Heward asked re the difference between the amount of money to be
used and the amount requested It was explained that some of the figures
were not definite and also that items such as film and jackets would be a
continuing cost
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June 13, 1977
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16 Resolution amending the Revenue Sharing Appropriation to Provide Funds
for Purchase of Microfilm Equipment and/or Services Motion by Councilman
r~erkl "I move for the adoption of Resolution 519 and order it published"
Motion was seconded by Councilman Donaldson and carried 5-1, Councilman
Howard voting Nay
17 Authorize Mayor to execute a Lease Agreement with the Identi-Kit Co for
lease of Police Identi-Kit at $264 per year This is a kit to be able to
put parts of figures together to get an identification, rather than an artist
Motion by Councilman Cavarra "Authorize the Mayor to execute the lease
agreement with Identi-Kit for lease of Police Identi-Kit at $264 per year
from Account No 001-202-799" Motion was seconded by Councilman Donaldson
and carried 6-0
18 Motion adopting recommendation of Planning Commission re
of colors of signs for PCD development at W 32nd and Wadsworth
by Councilman Hulsey "I move to approve the interpretation as
by the Planning Commission" Motion was seconded by Councilman
carried 4-3, Councilmen Donaldson, Howard and Hulsey, and Mayor
Aye
Interpretation
Blvd t'lotion
recommended
Howard and
Stites voting
19 Motion ratifying the transfer of 45th & Vance St Park Expenditures from
Capital Improvements Fund Account 862-5 to the Conservation Trust Fund Account
54-865-5 in the amount of $20,083 53 /vlot i on by Counc i 1 man Merkl "I move we
ratify the transfer of expenditures from Capital Improvements Fund Account
31-504-862-5 to the Conservation Trust Fund Account No 54-508-865-5 in the
Amount of $20,083 53" Motion was seconded by Councilman Hulsey and carried
6-0 Mr Bredt to see Parks Commission re naming of Parks
20 Resolution Amending Capital Improvements Appropriation for the purpose
of providing funds for the Municipal Swimming Pool Architectural and Eng-
ineering Services r~otion by Councilman Donaldson "I move for the adoption
of Resolution 520" Motion was seconded by Councilman Hulsey and carried
5-1, Councilman Howard voting Nay
22 Authorization for installation of chain link fencing to enclose property
at W 29th and Wadsworth Blvd pursuant to lease with Frank Hayward, estimated
cost $1600 Councilman Donaldson said that he would rather buyout the lease
rather than spend money on a fence Mayor Stites said that if we could come
to an agreement with Mr Hayward would do so, but he does not wish to leave
Discussion re free access to the well - the fencing to allow such access
Motion by Councilman Cavarra "I move for authorization of installation of
chain link fencing to enclose property at W 29th and Wadsworth Blvd pursuant
to lease with Frank Hayward, estimated cost $1600 to be paid from Account No
001-603-774" Motion was seconded by Councilman Hulsey and carried 4-2
Councilmen Donaldson and Howard voting Nay
23 Authorize repair of Sky-worker vehicle for Parks and Recreation Depart-
ment at estimated total cost of $6980 including estimated driver transportation
costs to and from the factory in Iowa Mayor Stites questioned the necessity
of sending the truck to Iowa, if it could not be done locally? There had been
a local bid that was higher than the factory,(which included the transportation)
and also the local bidder would be unable to get OSHA certification Motion
by Councilman Turner "I move the Council authorize repair of the Sky-worker
in an amount not to exceed $6980 and charged to Account No 001-604-772"
Motion was seconded by Councilman Cavarra and carried 5-1, Councilman Howard
voting Nay Councilman Merkl requested that this be investigated locally to
see if it could be repaired and certified here
24 Resolution Amending General Fund appropriation to provide funds for the
repair of the Sky-worker Bucket Truck for Forestry Division Motion by
Councilman Cavarra "I move that Resolution 521 by Approved" Motion was
seconded by Councilman Merkl and carried 5-1, Councilman Howard voting Nay
25 Review of proposed five-year (1977-1981) Urban Drainage and Flood Control
Capital Improvement Program as proposed by the district Mr Jerman pointed
out that funds available for Wheat Ridge were 1977, Lena - Wheat Ridge Design
June 13, 1977
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$200,000, 1979, Lena Gulch I, $300,000, 1980, Harlan Drainage, $830,800,
Lena Gulch - II, $700,000, 1981, Lena Gulch - III, $600,000, Maple Grove
Reservoir - Replacement Fund (5 yrs), $27,000, a total of $2,300,000, 50%
funded by the district Motion by Councilman Turner "I move that the
City of Wheat Ridge write a letter of support stating very strongly regarding
this 5 year Capital Improvement Program of the Urban Drainage District, and
also that one or more representative of the City be present at the Urban
Drainage meeting at which time final approval of the 5 year plan is given
or made" Motion was seconded by Councilman Merkl, and carried 6-0
26 Proposed Request for Proposals to cover Architectural and Engineering
services for the City of Wheat Ridge Outdoor Swimming Pool Complex, in-
cluding a Site Plan and Landscaping Plan, a Solar-assisted Project, W 29th
and Wadsworth Blvd Mr Jerman asked that the document be read carefully
to be sure that everything is in it that we could expect from an architect
Nine have thus far expressed an interest A Council screening committee
might wish to screen these and choose 5 or 6 to be called in before the
entire council, using this RFP as a guideline for their proposal and their
cost estimate ~lotion by Councilman ~1erkl "I move we authorize the
approva 1 of thi s Reques t For Proposal" Moti on was seconded by Counc il man
Donaldson and carried 4-1, Councilman Howard voting Nay, Councilman Hulsey
was called out of the room temporarily
27 Report of drainage problem on Garrison Street between W 44th and W 45th
Ave (Ridgeview Inn area) and recommended corrective action Mayor Stites
said that this problem has been resolved and that the man who owns Ridgeview
Inn is going to put in a French Drain until we can solve the problem at a
later date and Mr Hobbs will cooperate with him Mr Zwagerman stated that
the development on the North is not the cause of the problem Mayor Stites
agreed and said that both parties know this
28 Submission of Comprehensive Budget Report of City Budgets for years
1972 - 1977 Mr Jerman said that he had detailed out the budgets by depart-
ments, a mill levy history, assessed valuation history, sales and use tax
hi story, and itemi zed by footnotes the Capital Improvements
City Attorney re the Stipulation of the Lawsuit by Mountain Bell Mr Fox
explained that upon payment of $39 98 remainder, by the Telephone Company
to the City of Wheat Ridge, the lawsuit will be dismissed Motion by Council-
man Cavarra "I move that the City Attorney be authorized to execute the
Agreement,Stipulation for settlement of the case by Agreement with Mountain
Bell concerning Ordinance 215" Motion was seconded by Councilman Merkl and
carried 6-0 Mr Fox said that if there is to be a change in the sum of
money, Ordinance 215 will have to be revised
Councilman Howard brought a statement that he had received regarding the
Foothills Water Treatment Plant, and asked it to be copied and distributed
to Council To be on the Agenda June 20
Councilman Cavarra said that this would be a good time to present the
amendment to remove the Diagonal Mr Zwagerman said that COG is now
amending their Transportation Plan which should take care of it and he
will report on the subject later
29 Motion by Councilman Donaldson "I move that we cancel the July 4th
Council meeting" Motion was seconded by Councilman Turner and carried 5-1,
Councilman Merkl voting Nay
30 Reappoint Police Advisory Committee There was discussion as to the
need of the committee and if it should meet on a regular basis or as needed
~1otion by Councilman Merkl "I move that we extend this committee for one
year" Motion was seconded by Councilman Donaldson and carried 6-0 Mayor
Stites said that then we will reappoint the committee as listed except for
Mr Kolesar (who is unable to serve again) Councilman Turner will make the
appointment at a later date
31 Notice of Chamber of Commerce Appointment to City/Chamber of Commerce
Committee The Chamber of Commerce has appointed Jerry Foster, Wayne McKee,
and Mike Boorman to the Committee Councilman Merkl said that the first
meeting would be June 14
lune 13, 1977
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32 Communication from the Student Body of Wheat Ridge High School extending
thanks to the City of Wheat Ridge for the recently completed walkway/bikeway
from the South parking lot of the High School on W 32nd Ave west to Miller
St Council received the letter
r.iotion by Councilman Cavarra for Adjournment
All agreed ~
, ~ / /
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APPROVED
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