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Home My WebLink About06/27/1977 MINUTES June 27, 1977 The three hundred sixty-ninth re0ular meetin~ of the Wheat RidQe City Council was called to order by Mayor Frank Stites at 7 30 P m at 4355 Field Street Councilmen present 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 Clerk Carol Hampf, City Treasurer James Malone, Department Heads, Richard Bredt, Clyde Hobbs, Ed Pinson, Robert Vidal, Dennis Zwaoerman, and interested citizens Minutes of July 20, 1977 were approved as published PUBLI C COt1MENT John Peterson 8770 W 46th said that he is building a new house and is in opposition to the fees that are held by the city for 18 months for street cuts for sewer, water and gas The home owner has to pay this because the contractor will not He has paid some $600 being held in escrow and thinks that this is too much Mr Hobbs said that this involved 2 street cuts Council~an Turner said that this had been brought up before and asked staff to bring in examples of costs from other cities Councilman Merkl said that is is necessary because of the bad condition our streets have been left in by contractors and used for repairs, otherwise the repair work is paid for by all of the citizens Councilman Cavarra asked to have the subject on the August 1, Studv Session Agenda Betty Cavanaugh 4303 Owens spoke regarding rafting on Clear Creek They have bought a raft and find that Wheat Ridge will not let them raft through the Parks She can find no State Law against this Councilman Cavarra quoted a Wheat Ride Code stating that no boating or rafting in park areas is permitted except by per~it issued by the director (15-8) Mr Fox to look in the legalities and report to Mr Jerman After review to come to Parks Commission and City Council Item 1 Fi nanc i a 1 Report for the peri od ended ~1ay 31, 1977 by James Ma lone Councilman Merkl said that the sales tax is down, and will it change? Mr ~1alone said that it should come out all right Councilman Howard asked re the Petty Cash fund amount and uses Mr Malone said that this is for items under $10, a receipt is given for each item, is used for such items ranging from mailing packages to lunch Total amount throughout the city is $500 and is replenished twice per month Item 2 Ordinance amending Section 20-10, eliminating permit fees and other related charges for replacement of deteriorating curb and gutter Councilman Hulsey introduced the Ordinance ~10tion by Councilman Donaldson "I move for the adoption of Ordinance on first reading" Motion was seconded by Councilman Howard Councilman Hulsey said that this ordinance did not appear to be what he had asked for, since it would eliminate fees for new construction as well as replacement and since engineering is required on new construction believes fees would still be necessary for this Motion by Councilman Howard "I move to Table any action on this Ordinance untiT--July 11" Motion was seconded by Councilman Donaldson and carried 6-0 Item 3 Ordinance 234 -- Amending sections of the Rules and Regulations of the Parks and Recreation Department Motion by Councilman ~1erkl "I move for the adoption of Ordinance 234 on secondreadino and order it publ ished" Motion was seconded by Councilman Donaldson and carried 5-1, Councilman Turner voting Nay Item 4 Ordinance 235 - Ordinance to A~end Ordinance 209 - providing for abatement procedures re junk and trash Motion by Councilman Merkl "I move for the adoption of Ordinance 235 on second-readfng and order it publ ished " Motion was seconded by Councilman Hulsey Motion to Amend by Councilman Merkl "I move that Ordinance No 235, Series of 1977 be amended as follows Section 1 - Section 9 30 041 Abatement procedures In the event that any person fails to keep or store any trash, garbage, refuse, debris or waste of any nature in accordance with this Ordinance, the Code Enforcement Officer shall, following Minutes June 27, 1977 - 2 - notification to such offender,direct that the trash, garbage, refuse, debris or waste be cleaned up and removed by the City and charge such cost thereof to the person in violation, with a five percent (5%) additional cost for inspection and other incidental s" Motion was seconded by Councilman Hul sey ~lr Zwagerman asked re the written notice and Mr Fox said that the posting would constitute written notice Motion to amend carried 6-0 Motion as amended carried 6-0 Item 5 Ordinance 236 - Code Enforcement Officers of Community Development Department Authority to Institute Municipal Court Proceedings Motio~ by Councilman Donaldson "I move for the adoption of Ordinance 236 on second reading and order it Published and Posted II Motion was seconded by Councilman Merkl and carried 6-0 Item 6 Ordinance 237 -- Repealing Ordinance 227 - regulating Merchant, Business or Industrial Guards, or Patrols ~10tion by Councilman Donaldson "I move that Ordinance 237 be approved on secondreadTng and order it published and posted" Motion was seconded by Councilman Cavarra Councilman Howard asked re Section 7B, ordinance violations Mr Fox said this would be checked through normal methods in the Police Department in so far as possible Eugene Brace said that his firm believes the Ordinance is fair Motion carried 4-2, Councilmen Howard and Merkl voting Nay Item 7 Ordinance 238 - Dogs running at large and creating disturbances Motion by Councilman r.1erkl "I move for the adoption of Ordinance 238 on second reading and order it publ ished" Motion was seconded by Councilman Donaldson Paul L Ross, 10620 W 46th Ave said that barking is a dogs way of communication and will bark when other unleashed dogs are around, also at badgers, skunrs, and at meter men He thought that the $300 fine was high Councilman Merkl said that the $300 is a maximum and did not think this amount would be charged until several violations had occurred Mr Fox said that whereas there had been a request to have kennels excepted, did not think it was a good idea since barking at kennels would be just as disturbing as barking at a home Dr Hilsenroth said that he recommends a change in Section 2 c to give the attending veterinarian a greater area of determination Motion to Amend by Councilman Turner "I move that Section 2 (c) read I If animals are injured or killed while running at large, the Animal Control Officer shall remove all such animals and, at his discretion, take those needing medical attention to a veterinarian or to the animal shelter The owner of such animals shall be liable for all expense of the treatment and of the impoundment Injured animals, the owners of which are unknown, shall be destroyed humanely, if injuries are substantial, suffering is extreme, and/or the prognosis is poor, as determined by the at- tending veterinarian" Motion was seconded by Councilman Hulsey Motion to Amend carried 6-0 and Motion m amended carried 6-0 Item 8 Special Events Permit frir Whoatridge CilV'~ation Fest '/11 1977, Inc Motion by C,llncilman Dona~dsu'l "[ move that C.Juncil appro'le the issuance Jf A Spe~ill Events Permit fJr the Wheat Ridge CarnatiJn F2~tival 1977 Inc, for the dates August 18, 1977 and August 19, 1977 for the hours of 6 00 P m until 12 00 midnight and for the date of August 20, 1977 for the hours of 10 00 a m until 12 00 midnight to sell 3 2% malt beverage, a fee of $1 00 to be paid to the City of Wheat Ridge I further move that Council approve the use of High Court at !<l 38th for this event" Motion was seconded by Councilman ~1erkl and carried 6-0 Item 9 ~1otion by Councilman Merkl "I move that the Mayor be authorized to sign the leas~agreement with Jefferson County R-l School District for the lease on the old Columbia Gardens Firehouse buildinq located on the Columbia Heights Elementary School Property" Motion was seconded by Councilman Donaldson and carried 6-0 Item 10 Resolution for - Transfer of funds within the Community Development Department to provide funds for attendance of Planning Commission members at Colorado Municipal League Conference, and Transfer of funds for purchase of chair for Chief Court Clerk Motion by Councilman Merkl "I move for the adoption of Resolution 524" ~~otl-on- was seconded by Councilman Donaldson and carried 4-2, Councilmen Howard and Turner voting Nay Minutes June 27, 1977 - 3 - Item 11 Award of Bid - Hot Asphalt-Cold Mix-Concrete Sand-Crack Seal Material- Road Base-Washed Rock Mr Robert Vidal said that Mr Rhodes and Mr Hobbs had worked on this bid and the recommendation was to accept the low bids and also be to allowed to use the second low bid if the low bidder could not come through or in an emergency Discussion re haulage The bids do not include haulage Mr Fox said that if hauling were desired would have to bid on it ~10tion by Councilman Cavarra "I move we authorize the purchase of the following materials Hot Asphalt, Brannan Sand and Gravel, 4090 Galapago, Cold Mix Asphalt, Asphalt Paving, 35th McIntyre, Concrete Sand, Mobile Pre Mix, 4000 Youngfield, Crack Seal Material, Asphalt Supply & Service, Inc, 4310 East 60th Ave, Road Base, 1 1/2", Asphalt Paving HHY 93 Road Base, 3/4", Platte Valley, HWY 40, Washed Rock, Asphalt Paving, HWY 93 This motion also authorizes the use of the second lowest bidder in case materials are not available and an emergency occurs, to be purchased from Account 001-303-660" Motion w~s seconded by Councilman Donaldson and carried 5-1, Councilman Howard voting Nay Item 12 ~olibn by Councilman Cavarra "I move we authorize payment of $280 to attorneys, Howe and Windholz. as final billi~g for current phase of Home Rule Charter expenses as approved by Charter Commission President and Secretary to be paid from Account No 001-610-713-2" Motion was seconded by Councilman Turner Helen Howard of 4140 Otis said that she would like to know the date of this bill and what it is for Councilman Hulsey said he would like to know what we are paying for and that at the time the Charter was su~nitted to the Council the Attorney fees should have ceased Motion by Councilman Merkl. "I move we Table this bill until we find out what we are being bi'lled for and what dates" Motion was seconded by Councilman Hulsey and carried 4-2, Councilmen Cavarra and Turner voting Nay Item 13 Notice Of City's intent to auction obsolete City Vehicles and Equip- ment unclaimed Police Department evidence items, and obsolete Police Depart- ment equipment Auction to be held July 9, 1977, at 6701 Indiana Street, Arvada, in conjunction with the cities of Wesminster, Northglenn, Thornton and Arvada r1otion by Councilman Cavarra "1 move that we authorize the disposal through auction of the surplus vehicles in the memorandum dated June 17th from George Rhodes to John Jerman and any other equipment deemed surplus" Motion was seconded by Councilman Donaldson and carried 5-1, Councilman Merkl voting Nay Item 14 Authorize appraisal of Zarlengo property at Clear Creek and Kipling for Open Space purposes, Mr Bredt said that the Parks Commission recommends appraisal of the parcel offered by Mr Zarlengo Discussion re the specific parcel to have appraised Motion by Councilman Howard "I move to Table until July 11," Motion was seconded by Councilman ~1erkl and carried 5-1, Councilman Turner voting Nay At that time determination to have been made as to just what is to be appraised City Attorney Fox said that the Einarson vs City of Wheat Ridge case is to be heard on June 29 COUNCIL ~1ATTERS Councilman Turner asked when there will be a report regarding the Zoning Map Mr Zwagerman said that the Planning Commission had received the first cut and sent it back to the firm, and had received the map today Planning Commission will set a date to review and a date will also be set for City Council COUNCIL COMMISSION AND COMMITTEE MATTERS Councilman Donaldson presented a report from the Street Committee regarding crosspans, radii, walkways and overlays Councilman Hulsey re the 44th walkway that has been in the works for a year Mr Hobbs said that it had been scheduled for June 22, had been delayed and would be started July 1 Motion by Councilman Cavarra "I move that we authorize Public Harks Department to develop a proposal for bid on the section of the walkway from W~dsworth to Clear Creek on 44th Ave and a proposal for 16 crosspans 18 radii at a cost of approximately $38,000 " Motion was seconded by Councilman Donaldson, and carried 5-1, Councilman Turner voting Nay r1otion to Adjourn by Councilman Howard and seconded by Councilman Hulsey, all Aye " ./-.......J.. ,-e'c /1 City Clerk / (/(( )c r.... I APPROVED l !; ( .) /'f-'" ; , t' , , If!. ,