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HomeMy WebLinkAbout09/12/1977 CITY COUNCIL MEETING MINUTES - September 12, 1977 The three-hundred seventy-eighth regular meeting of the Wheat Ridge 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 Treasurer James Malone, City Clerk Carol Hampf, Department Heads Richard Bredt, Clyde Hobbs, Ed Pinson, Robert Vidal, Dennis Zwagerman, staff and interested citizens Minutes of the meeting of August 29 and Adjourned meeting of August 22 were approved as published PUBLI C Cm1MENT George Pramenko 9295 W 48th spoke suggesting a north - south bikeway from Birdland Park in Arvada to 1-70 to 44th This would provide access to and from the Arvada bikeways and the swimming pool He said that he realizes that part of this is on the dividing line, but hoped we could rise above the "you do it" feel ings Councilman Turner said that the staff had brought this to the Council/Community Development meeting this evening and it will be discussed 1 Mayor Stites thanked all the people who worked on the City's float, Neal Lewis, Todd Gale, Steve Gustafson, Stuart Gustafson, Pat Miks, Jeff Miks, Daryl Morishige, Tom Hock, Scott Skene, Tom Dodd III, Dave Biddle, Greg Horan, Jeff Jernberg, Ann Fredrick, Jeff Ewert, JoAnne Klocker, Mr & Mrs Larry Merkl, Mrs Joe Donaldson, ~lr & ~1rs Rich Bredt, Mr & ~1rs Neal Lewis, Ms Sandy Foster, Bill Cassel, Bob Vidal, Todd Gale, Mike Kampf, Jeff Jernberg, Christa Hulsey and Chari sse Melaregno "Bud" Williams presented the 1977 Grand Marshall Award to the City of Wheat Ridge and all of the people who put the float together Phyllis Rice presented the Eighth Wheat Ridge Carnation Festival Plate with thanks to the Council, Mayor, City Administrator and Department Heads for their support 2 Genie Merk~was presented a City Seal pin by the Mayor for her winning motto "People create the quality of their government--through participation or neglect" The motto is to be displayed in the new City Hall in an appropriate place 3 Ordinance 246 - Adopting Supplement #3 to the Wheat Ridge Code of Laws ~~otion by Councilman Donaldson "I move for the adoption of Ordinance 246 on second reading and order it published and posted" Motion was seconded by Councilman Merkl and carried 6-0 4 Request of l~heat Ridge High School to remove "No Parking" signs on west side of Holland Street from W 32nd Avenue northward to main school entrance driveway (Citizens living in this area have been notified by letter) George Lauterbach, Principal of Wheat Ridge High School spoke He said that there are 525 parking spaces on the site and there are 2100 people in attendance and working there These "No Parking" signs were put up over the summer, whereas parking had previously been allowed on both sides of the street Approximately 650 vehicles come to the school daily and the problem worsens throughout the year as the sophomores begin to drive There is also a problem during basketball season The gym holds 3,000 people Jerry l~ilson of 3390 Holland spoke He is concerned about safety when parking is allowed on both sides of the street, especially to residents backing out of their driveways Also, there is more lawn clean up of fast food wrappers, cigarette butts, etc He suggested the Student Council encourage car pools and the students establish needs over wants It was pointed out that Mr Wilson lives outside the area under discussion now Eileen Etheridge of 3232 Holland said that she owns two doubles on Holland She feels the traffic is also a safety hazard to the children walking to the Junior High School She would prefer to have the "No Parking" on the east side of the street rather than the west, possibly with time restrictions Minutes - Septem~~r 12, 1977 - 2 - Mr Hobbs is to place the "No Parking" signs, with the restriction of 7 00 a m to 4 00 P m Monday through Friday, on the east side of Holland rather than on the west Mr Jerman is to write the R-1 School District re the possibility of acquiring the use of some area in the land on the south side of 32nd for parking, the school use the space between the present curb and the fence for angle parking along Holland The city is to do everything administratively they can and that the signs be set to provide as much parking as possible 16 Appearance of Robert Sonheim, Attorney re merits of full time vs contractual City Attorney services Mr Sonheim had served as a part time City Attorney for the City of Arvada for 10 years He had a staff of 3 assistant City Attorneys who prosecuted most of the cases However, they had day court, which is prime time He attended City Council meetings and scheduled his associates cases One problem City Attorneys face is that they are asked to make Policy Decisions as well as render Legal Opinions People will go to the lawyer rather than make the hard decisions A full-time City Attorney can become a "captive" and give answers that people want and are political answers in order to keep his job A part-time City Attorney with the demands of a practice is not always available at the immediate time asked for, but needs to put priorities in order He kept careful logs of the time devoted to city matters When Arvada switched to day court another lawyer was hired on a flat rate, retainer basis In response to the possibility of an exclusive City Attorney who keeps his practice provided there is no con- flict, Mr Sonheim said that this had been tried in Englewood, but was not sure if they had dropped the idea or not As to part-time or full-time, he said that it depends on the person, a good man does a good job A part-time City Attorney who also practices gets experience in many fields and can be more effective It is also difficult to get a full-time City Attorney for the amount of money that a city can pay In Arvada he did not have a scheduled time to see City people, but made appointments with the staff as needed 5 Report of Crosspan and Drainage Improvement Projects at 35th & Ames, 35th & Benton, 41st & Kendall, and 41st & Harlan ~1r Fil ippi gave a verbal report of the overruns and those that he and Mr Hobbs felt justifiable and unjustifiable The amount of overruns they feel should be paid is $2,817 which includes items 1,2,4, and 6 of the document distributed to Council by Mr Hobbs Motion by Councilman Merkl "I move to table this for one week for study" Motion was seconded by Councilman Turner and carried 6-0 6 Request of Standard Textile Company for Industrial Revenue Bond financing by the City Mr Milton Libman, Western Division Manager of Standard Textile Company was unable to be present Item deferred 2 weeks 7 Reports of Planning Commission and Parks & Recreation Commission on Preliminary Proposal for housing construction under Section 8 of the Housing Assistance Payment Program Mr Zwagerman called attention to the Planning Commission motions (attached) 3901 I(ipl ing \~est Side of Kipl ing below 40th Avenue Zoned C-1 100 units Acreage is unknown therefore density is unknown Area Zoning is R-1 & C-1 Land Use Plan is Neighborhood Commercial and Low Density Residential and Parks and Open Space It is partially in the flood plain and if it is the property immediately south of 40th Avenue is entirely in the flood plain Water service would be Consolidated Mutual and there is an 8" line at 38th & Kipling Westridge Sanitation District says is ok Traffic volume is approximately 8,000 vehicles per day Maximum, with minor improvements, is 10,000 vehicles per day Schools - does not apply, since would be housing for the elderly 11251 W 38th Avenue 50 units Acreage is unknown therefore density is unknown Area zoning is R-1 Land Use Plan calls for low density resi- dential and Open Space Area is inundated, at least partially by the 100 flood Is an alternate Wheat Ridge Park site Water district is Consolidated t~utual, with an 8" 1 ine on 38th Westridge Sanitation District said capacity is OK Vehicular traffic, 8,000 per day (1975) Maximum, with minor improvements 10,000 per day Schools Kullerstrand Elementary (12 expected) Everitt Junior High (5 expected) and Wheat Ridge Senior High (4 expected) This is information that is required per the Federal Register - 3 - To From MEMORANDUM D'nni, W Zw'g"m,n, Di'~ 9-7-77 CITY OF WHEAT RIDGE John Jerman, City Administrator Subject HUD Section 8 Housing requests Date Dev Approved Date The Planning Commission has reviewed the proposed HUD Section 8 Housing requests for the City of Wheat Ridge Said review meeting was held on September 1, 1977 and the following motions were made "Mr Stewart moved to recommend for the site at 11251 W 38th Avenue that this development appears to be totally inappropriate for the proposed location because the Comprehensive Plan recommends low-density residential, parks and open space and some of the property is in the flood plain Mr Preston seconded \oting in favor Jenks, Stewart, Preston, Lewman Motion carried 4-1 with ~Irs Scoma voting Nay " "Mr Preston moved regarding the site at 3901 Kipling that the Planning Commission would like to point out that the location lies within the flood plain the information is too incomplete for the Planning Commission to make any recommendation Mr Stewart seconded \oting in favor Preston, Stewart, Scoma, Jenks Lewman Motion carried 5-0 " "Mr Preston moved to direct the staff 1976 and prepare technical comments as Mrs Scoma seconded \oting in favor Motion carried 5-0 ' to reVIew Federal Register of August 23, appropriate to factual information Preston, Scoma, Stewart, Jenks, Lewman DWZ pc .. < -.I (") -.I -I /) -< " >- 'U '::> , - -,1 :;J - rl -- co 'J - .., ~ 1< Pl 0 -~ = po -l -. 0 ....., ~ CJl j"n Minutes - September 12, 1977 - 4 - Mr Fox said that this evening's meeting was for information only, and no action would be taken, and no testimony taken Mr Zwagerman was asked to check on the figures regarding the impact on schools and the traffic volumes Motion by Councilman Howard "I move we authorize a letter of rep 1 y to HUD, in accordance with the 1 aw" Motion wa s seconded by Councilman Merkl and carried 6-0 8 Report of Well Study Results and Cost Comparison with Consolidated Mutual Water Charges for City Hall/Community Swimming Pool Complex Dee Burton presented the Water Well Study by Willard Owens Associates The water rights for the old well had been transferred to Consolidated Mutual Virgil Hill, president of Consol idated Mutual would give them back to the city There might be some costs involved Motion by Councilman Turner "I move that the Mayor be authorized to sign an agreement with a water attorney, who will be contacted by Mr Fox, pursue obtaining the water rights, and authorize payment of related Court Costs (Water Court in Greely), costs not to exceed $2,500 I further move that the Water Well Study be accepted and paid for Account No 001-607-793," Motion was seconded by Councilman Merkl and carried 5-1, Councilman Howard voting Nay 9 Preliminary Hearing for Transfer of Location of 3 2% Beer license for Southland Corporation dba 7-11 store at 5010 Kipling Motion by Councilman Merkl "I move that Council set a Publ ic Hearing date of October 17,1977 and a neighborhood boundary of a one mile radius from the new site on the Change of Location request by the Southland Corporation dba 7-11" Motion was seconded by Councilman Cavarra and carried 6-0 10 Withdrawal of application for Class D Retail Liquor license for Brettco Investment, Inc "Motion by Councilman Cavarra "I move that Council vacate the Public Hearing scheduled for September 19, 1977, cancel neighborhood survey and refund full fees" Motion was seconded by Councilman Donaldson and carried 6-0 11 Contract with Jefferson County for collection of use taxes on motor vehicles for the City of I-Jheat Ridge t~otion by Councilman Merkl "I move Council approve the Contract with Jefferson County for collection of use taxes on motor vehicles for the City of Wheat Ridge and authorize the Mayor to sign the contract" Motion was seconded by Councilman Howard and carri ed 6-0 12 Final acceptance of Prospect Park Improvements pursuant to Agreement with Brannan Sand and Gravel Co Re fencing to keep small children from going to the lake Mr Bredt said that the Parks Commission had voted in favor of the fence I-Jould probably be a chain link fence, 42" high Brannan had offered to share the cost of the fence, 50-50 with the City Mot i on by Counc i 1 man Merkl "I move we authori ze the Mayor to enter into an agreement with Brannan Sand and Gravel for the construction of a fence in Prospect Park around the playground at a cost to be shared 50-50 by Brannan and the City, and once the fence is in, final acceptance of the Prospect Park Agreement for improvements pursuant to the Agreement with Brannan Sand and Gravel be entered into, to be charged to Account No 001-603-6'60, not to exceed $600 " r~otion was seconded by Councilman Donaldson and carried 6-0 Councilman Turner asked if rail fence with wire from the top railing to the ground could be used as it would be more aesthetic Mr Bredt said it would be ok, and he would look into it, but it would be more expensive 13 Approval of disbursement for Wheat Ridge Charter Commission pursuant to request of Commission Officers Motion by Councilman Turner "I move that the Charter Commission bills totaling $576 also the bill for $15 to the Grange be paid" Motion was seconded by Councilman Cavarra Councilman Merkl asked for a split motion, one for the Attorney fees and one for the Grange fee Question was asked what the Attorney fees were for Mr Jerman explained that there had been research to answer questions by the press, a question of membership on the Commission Councilman Merkl said that he believed the bill should not be paid until somEone comes in and tells what the money was spent for Motion for the Gran~e fee carried 6-0 ~10tion by Councilman Cavarra "I move this be tabled for one week" ~10tion was seconded by Councilman Merkl and carried 5-1, Councilman Turner voting Nay Minutes- September 12, 1977 - 5 - Mayor Stites announced that there would be a neighborhood meeting September 21, at 7 30 p m at Beth Eden Church regarding the City Hall and Swimming Pool Complex 14 Motion by Councilman Merkl "I move that we authorize the City Adminis- trator to attend the 63rd International City Management Association (ICMA) Annual Conference in Atlanta, George, October 29, 1977 through November 3, 1977, to be charged to Account No 001-106-702, amount not to exceed $700" Motion was seconded by Councilman Donaldson and carried 6-0 15 Motion by Councilman Merkl "I move we authorize the Director of Ad- ministrative Services to attend the 1977 IPMA International Conference on Public Personnel Administration in Chicago, Illinois, October 2, 1977 through October 7, 1977, to be charged to Account No 001-105-702, at a cost not to exceed $700" Motion was seconded by Councilman Hul sey and carried 6-0 Mr Zwagerman that there had been an emergency expenditure required to allow gas service plplng to be placed underground at the City Hall Complex, prior to paving being put in This expenditure not to exceed $3000 to be paid to Public Service Co Expenditure will be reimbursed, less their services, when gas is available Motion by Councilman Cavarra "I move Council ratify the costs" Motion was seconded by Councilman Hulsey and carried 5-1, Councilman Howard voting Nay Motri.on by Councilman Merkl "I move that Ben Chastain's appointment to the Board of Adjustment be removed from the Table" Motion was seconded by Councilman Donaldson and carried 6-0 Mr Fox said that he saw no conflict or policy against the appointment Motion by Councilman Merkl "I move that Ben Chastain be reappointed as analternate to the Board of Adjustment" Motion was seconded by Councilman Turner Motion to Amend by Councilman Turner "I amend the motion to read' term will expire on November 1, 1980" ~lotion was seconded by Councilman Merkl Amendment carried 6-0 Motion as Amended carried 6-0 Mr Fox said that negotiations had broken down ln the attempt to purchase the Peterson/Retallack property Motion by Councilman Merkl "I move that we bring in a Resolution for condemnation" Motion was seconded by Councilman Cavarra and carried 4-2, Councilmen Howard and Turner voting Nay Mr Fox said that the agreement had been consumated with Camp Dresser & McKee and is in order Motion by Councilman ~~erkl "I move that Council authorize the mayor to sign the Agreement" Motion was seconded by Council- man Hulsey and carried 5-1, Councilman Howard voting Nay Mr Fox said that the purchase of the Hart Estate had been consumated today Councilman Merkl asked when the property would be cleaned up Mr Bredt said that the neighbors were ready to help Mr Fox said that two weeks ago there had been discussion regarding the sign at 38th & Wadsworth There has been an amendment to the Colorado State Laws This sign is on State property and Wheat Ridge cannot remove the sign without the consent of the State Councilman Cavarra presented a report regarding the percentage of General Fund to Personnel costs Thus far departmental personnel percentage of the General Fund have been holding rather constant if there is a change Council should know why the costs However Councilman Hulsey asked if the Contractor would have the streets paved by September 19 Mr Hobbs said that the Contractor is working, and is under a penalty if he does not make the deadline He thought the penalty is $100 per day Councilman Howard asked re the Status of Ordinance 40 Mr Fox said that the Commission has been working on the Rules & Regulations for a period of time, which need to come in with the Ordinance Mr Jerman reminded everyone of the Budget Study Session beginning at 7 00 a m September 17 Motion to Adjourn by Councilman Howard, second by Councilman Merkl, all Aye APPROVED t\..,~ -J. C '--\ 0' {' l ::. L ('{,. ic /,1(..//) Carol Hampf, Ll~y ClerK