Loading...
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 - 2 - 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 - 3 - 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 - - June 13, 1977 - 4 - 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 - 5 - $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 - 6 - 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 ~ , ~ / / ~aC;;i(i~m~f{ t~~:7 /' APPROVED dY t Pe1/7