HomeMy WebLinkAbout12/19/1977
City Council Minutes - December 19, 1977
The three hundred ninety-first 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, Calvin Hulsey,
Larry Merkl, and Louise Turner.
Also present were City Attorney Maurice Fox, City Clerk Carol Hampf,
City Treasurer James Malone, Department Heads, Richard Bredt, Clyde Hobbs,
Ed Pinson, Robert Vidal, Dennis Zwagerman, Staff and interested citizens.
Minutes of the meeting of December 12, 1977 was approved as published.
PUBLI C COMMENT
Karen Watson, 3390 Garrison, who is Chairman of the Community Blood
Program came to thank the City of Wheat Ridge for their cooperation
in the success of the program. In three years 284 gallons of blood
have been given. Fifty-five (55) people have donated 1 gallon and
two (2) people have donated two (2) gallons.
Charles Fredrickson, attorney for Village Inn Pancake House, Inc.,
Wheat Ridge Village Inn located at 4600 Kipling appeared in their
behalf. Mr. Fox explained that there is a hearing on their Transfer
of Ownership scheduled in 1978, but that at this time there is no
Police report on the establishment, not due to the Police or the
Cler~ but due to the applicant. He suggested that the current license
be renewed with the provision that if the Police report is received by
December 31, 1977 and there are no unfavorable remarks or the license
will be revoked. Mr. Fredrickson said that if the report is not in
by that time, they will turn the license in voluntarily. Mayor Stites
told Mr. Fredrickson that in the future their license applications and
renewals must be taken care of in a more timely fashion. Mr. Fredrickson
agreed. Motion by Councilman Turner "I move that the 3-way Class G
liquor License in the name of Jim P. Mola, dba Village Inn Pancake House,
Inc. be renewed subject to the receipt and acceptance of the proper
application and favorable police report. If these reports are not received
by 12/31/77, the City will act to revoke this license." Motion was
seconded by Councilman Cavarra and carried 5-0.
Motion by Councilman Turner "I move that Agenda Items #5, Swimming Pool
site, #8 - the property at 38th and Depew, #14 - landscaping on
38th Avenue, #18 - traffic at 32nd and Young field, #20 - Vehicle
Replacement Policy, #23 - Commission appointments, and #24 - Communications
from Northglen be Tabled until next year." Motion was seconded by
Councilman Cavarra and carried 3-2.
Item 1. Application by Irmgard and Edmund Schaefer for approval of
rezoning of a parcel of property located at 12600 W. 32nd Avenue from
present R-2 to RC-l. Case No. WZ-77-23. Mr. Shelley read the Planning
Department comments, including that the Planning Commission has recommended
denial. Edmund Schaefer, 12600 W. 32nd Avenue spoke. Mr. Schaefer
said that he had asked for the rezoning because of the traffic and noise
on West 32nd Avenue and feels that he is acting as a buffer zone between
other residences and businesses. His wife operates a beauty shop as a
home occupation and would like to be able to hire another person to relieve
her. Esther Cassidy, 3180 Xenon, Maureen Monberg, 3145 Xenon, Gerald Monberg,
3145 Xenon and Marilyn Martin, 3150 Xenon, spoke against the rezoning.
Jay H. Cong (sp?), 12950 W. 32nd Avenue spoke in support of the rezoning.
Motion by Councilman Cavarra "I move that Case WZ-77-23 at 12600 W. 32nd
Avenue, change of Zoning request from R-2 to RC-l be denied for the
following reasons The Comprehensive Plan recommends low density res-
idential for a portion of the site, rezoning would extend strip commercial
zoning into the residential area, Planning Commission has recommended
denial of this case." Motion was seconded by Councilman I~erkl and
carried 5-0. It was recommended that Mr. Schaefer go to the Board of
Adjustment regarding the Beauty Shop employee desired.
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Item 2. Application by Becker Manufacturing Inc" for approval of
amendments to a previously approved Industrial Development Plan.
Case No. WZ-77-24. Mr. Shelley read the Planning Department Comments.
It was brought out that a sign has been put up (it is in the wrong location
according to the Sign Code), there has been outside storage and a fence
has been put up without a permit. Jack Schieman, attorney for Becker
Manufacturing was present to represent the company. He said that the
company had not planned to have outside storage and would prefer not
to have it because of damage. They are making plans to alleviate the
problem. The fence was put up in order to have guard dogs. The sign is
off by a few feet and the company will move it or do whatever is
necessary. As they understand the Ordinance, storage is permissable
on the back one-half of the property. In three to six months the
company plans no~ to have outside storage and request temporary permission
for outside storage subject to future review. Motion by Councilman Cavarra
"I move that in the matter of Case WZ-77-24, that Council approve the
following actions grant temporary approval of outside storage for sixty
days to give the applicant time to make other arrangements, to approve free
standing sign provided it is relocated to comply with the Sign Code,
approve the amendment for a 6 foot fence, as shown on the Plans. Motion
was seconded by Councilman Merk. Motion to Amend by Councilman Hulsey
"I'd make an amendment to that motion that 60 days be changed to 90 days."
Motion W2S seconded by Councilman Merkl and carried 3-2, Councilmen Cavarra
and Turner voting Nay. Motion as amended carried 5-0.
Item 3. Ordinance 253 - Amending Sections 9-8 and 9-10 (a) pertaining
to the removal of weeds. Ordinance 253 was introduced by Councilman Hulsey
and the Clerk read the title. Motion bV Councilman Hulsey "I move that
Ordinance #253 be approved and published on second reading." Motion was
seconded by Councilman Merkl and carried 5-0.
Item 4. Ordinance No. 254 - Operation, Licensing and Control of Amusement
Machines in the City of Wheat Ridge. John Scott, 6185 So. Ivy said that he
is in the process of purchasing the Lion's Den and wanted to know before
the deal is closed, if the Ordinance would have an effect re grandfathering
the business in. Mr. Fox advised that before he closed the deal he should
talk to his attorney. C.R. Perotti, 7174 W. 38th Avenue asked Council
what they wanted to accomplisll with the Ordinance. Mr. Fox said that it
was not proper to question Council, that he could make statements only. His
differences with the Ordinance involved Section 1 - (a), (b), and (d),
Section 2 - (a), Section 5, Section 8, Section 9 - (a), (3), and (5) and
Section 14. RaVmond Pepe, 3390 Teller, spoke in favor of the 1,000 foot
limit, but questioned the $500 fee for Arcades. Gerald A. Archer, 8150
Turnpike Drive felt that the $500 license fee, plus the $400 Occupational
Tax on his 3.2 beer license is a hardship. Dick Enskin, 7325 Everett, owner
of the Wheat Ridge Bowling Lanes asked if Bowling would also be covered
under this Ordinance. Mr. Fox said that it would be. Mr. Enskin felt
that would be unfair. He pays an Occupational Tax and liquor fees now.
Thomas Atwood, 3660 Teller, owner of the Lions Den thinks that the
Ordinance is a good idea, that the City needs control and would like to
see more of the Police Officers, but thinks that the license fees are
slightly high. He does not believe that Bowling Alleys should be included.
Motion by Councilman Merkl "I move that this Item be Tabled for one
month for reconsideration by the City Attorney's Office." Motion was
seconded by Councilman Hulsey and carried 3-2, Councilmen Cavarra and Turner
voting Nay.
Item 6. Proposal of Asphalt Paving Company for paving roads and parking
lots in Prospect Park. Mr. Bredt said that this was to reallocate money
in the budget for Greenbelt trails to pay for paving in Prospect Park. It
does not appear to be possible for this work to be done in 1977, but the
money is in the budget and needs to be obligated. Motion by Councilman
Merkl "I move that we authorize the paving project in Prospect Park per
Resolution 530, at a cost not to exceed $63,010.68 to be charged to
Account No. 31-504-862-3, that the paving work in the Park commence as soon
after the first of the year as possible." Motion was seconded by
Councilman Donaldson and carried 5-0.
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Item 11. Request of Judge Anthony V. Zarlengo that Council overrule the
Personnel Commission regarding retroactive merit increase for Chief Court
Clerk to April 1977. Judge Zarlengo explained the circumstances resulting
in the Court Clerk not receiving her Merit increase in April 1977 and asked
reconsideration of the Personnel Action. Mayor Stites said that the matter
had been brought to him and he would not overterm the ruling of the Personnel
Commission. Mr. Fox said that the procedure is from the Commission to
the Mayor to Judicial Review and referred tD Page 58 - Review Procedure of the
Personnel Rules - Regulations.
Item 7. Completion Report of Improvements tD Maple GrDve Reservoir submitted
by Urban Drainage and Flood Control District, and Request for Additional
Funds due to CDSt greater than estimated. Motion by Councilman Cavarra
"I mDve that City CDuncil approve additiDnal CDSt for the pro rata share of
the Fabridam installation at Maple GrDve ReservDir Df $3,588.28, tD be
charged to AccDunt ND. 31-504-833, Capital Improvements Fund, and authDrize
MaYDr tD sign Amendment to IntergDvernmental Agreement." MDtion was
secDnded by CDuncilman Turner and carried 5-0.
Item 9. MotiDn by CDuncilman Merkl "I move tD Defer Item 9." MDtiDn
was secDnded by Councilman Turner and carried 5-0.
Item 10. City Hall Matters (1) Municipal CDmplex interiDr and exteriDr
signing and site landscaping. Motion by CDuncilman Cavarra "I mDve that
Staff be authDrized tD secure propDsals fDr design and installatiDn Df exterior
and interiDr signs fDr City Hall and for si~landscaping, charged tD
Account ND. 31-504-811." MotiDn was seconded by Councilman Merkl and
carried 5-0. (2) Municipal CDmplex heat zones report. Dee Burton repDrted
that the additiDn of the heat pump cDsting $7,000 plus Dther related
costs of $3,000 to $4,000 would increase the solar efficiency from 60%
tD 70%. This will alsD involve a modificatiDn in the chiller. MDtion
by Councilman Turner "I mDve that the heat pump and related CDSts fDr
the City Hall system be returned tD the plans. CDsts tD be taken frDm
the Emergency Account ND. 01-607-793." MDtiDn was secDnded by Councilman
DDnaldsDn and carried 5-0. Councilman Turner asked abDut the 11 heat
ZDnes eliminated. Mr. Zwagerman said that the Architect had been incorrect
in that statement, that 3 had been taken DUt and included as an Alternate.
Mr. Zwagerman was asked to discuss this with Mr. Stinnet tD see if there
would be any energy cDnservatiDn if the 3 were added. (3) CIDse-out Df
Phase I cDnstruction cDntract with Langfur Construction CDmpany. Dee BurtDn
said that there had been advertisement fDr claims, lien waivers had been
given and no claims and beffi received. A Certificate of Substantial
CDmpletiDn has been given. Motion by CDuncilman Merkl "I move we approv8
final payment for Phase I construction to Langfur Construction Company
tD be charged to Account No. 32-51o-811-PHA-I in the amount of $7,543.00."
Motion was seconded by Councilman Cavarra and carried 5-0. (4) Review
preliminary design lay-out and Budget for City Hall furnishings. There
had been a meeting of the Furnishings Committee this evening and the report
presented to them. Department Heads have been interviewed, and indepth
survey and phDtos taken of existing furniture and that rated good and
fair is to be reused. The need now is to get specifications, issue the
bid in two to three weeks and award the bid in February. Motion by
Councilman Cavarra "I move that City Council authorize Inter-Plan
tD prepare specifications for bid package for City Hall furnishings to
be presented to Council in about one month for approval." Motion was
seconded by Councilman Don~ldson and carried 3-2, Councilmen Hulsey and
Turner voting Nay. Dee Burton reported that the Emergency Fund has a balance
of $18,127.50 and that there is a credit of $11,540.00 from Change Order
#1 that could be transferred from the Construction Contract to the
Emergency Fund, resulting in a balance of $29,667.50. MDtion by
Councilman Cavarra "I move to Transfer $11,540 from the Construction
Contract to the Emergency Fund." Motion was seconded by Councilman Hulsey and
carried 5-0. Other changes recommended to be changed in the Emergency Fund
were (1) Deletion of the counter on the secDnd flDor - credit of $800.00
(2) Dry wall and a door around the blue print machine, $1,250.00 (3)
Dig maximum of 12 holes through the concrete in the islands (emplDyee
parking area) to be able to plant trees (per City landscaping ordinance)$700,
(4) expand jury box tD hold 12 jurors - $1,150, DENIED, (5) Add a cooling
tDwer, due to change in location of the Swimming Pool, $15,8BD (was given
as $5,000, in errDr in September) (5) purchase 18x24x36 lockers instead of
12x12x35 IDckers for the Police, total Df $230 additional, (7) IDcking
device on evidence locker exteriors, $112.00, (8) Heat pump and related
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costs, $11,000 00, (9) pay Ben Loye, attorney for preparatlon of a
nui~ Claim Deed, 050 00, (10) legal advertisement 54 14, (11) Legal
Nutice ~8 97 Total of $2Q,505 less $1150 (jury bo, item, denied)
a total or 28,'J55 - leaving a balance in the Emergency Fund of
$1312 39 Motion by Councilman Cavarra "I move that Change nrders
in the amount of $28,355 11 be approved to be expended from the Emer-
gency Fund 01-607-793" 110tion was seconded by Councilman Donaldson
and carried 5-0 Councilmen asked that 6 chairf 1>e taken otf the
Jury Box list since the box is not to be enlarged
Item 11 Premium Payment for Police Professional Liabilitv Insur-
ance Motion by Councilman Merkl "I move we authorize payment for
Police Professlonal Liability Insurance to the r.uaranty Na~ional
Insurance Company in the amount of $12,250 00 to be charged to Account
No UOl-610-712-3" Motlon was secon<ied by Councilman Turner and
carried 5-0 Mr Fox was asked re elected officials being sued
persnnally,if this policy would cover this kind of claim He Raid
that this needs to be lo')red into carefully and wuuld do so
Item 13 oet date for Public Hearin~ on the Liquor Application for
Grains-N-r.rapes located at 3809 Sheridan Boulevard, purse ant to Dis-
tric~ lourt Order A Prelimlnary Hearlnf is not necessary since the
one mile boundary preJiously set, holds over Motioll by Councilman
Donald'3on "I move that the date of January 23, 1978 be set for the
PubllC Hearing on Gralns-N-r.rapes located a~ 3809 Sheridan Boule-
vard" Motion was seconded by Counrilman Ca 'arr~ and carried 5-0
Item 15 Decision on Dayment by Clty of unpaid citicen's bllls for
weed cut~lng in right-of-way and private property areas ~ome people
ha Je IIOt paid for weed cutt ing and the City has paid the rontractor
The City then bills the property owner plus 5%, if not paid then
the costs are assessed against the property Some of the bills are
on private property and some are in the right-of-way Motion hy
'_ouncilman Turner 11 I move we direct stat f, bill property OWllPrs
for weed rutting on privately owned property and the City pay for
cutting in the right-of-way" Motion was seconded by Councilman
Cavarra and carried 5-0 Re Reimbursement of those who have al-
ready paid for weed cutting in the right-of-way, Mr Fo said that
there should be guidelines to establish a policy or procedure This
should be ready for presentation by the ne<t C'ouncil meeting
Item 16 Request for Council policy gUldance on comments to [,prOG
concernlng its revised Regional Highway Plan, considering its dif-
terences '-'7i th the City's Compr>ehensive Plan Mr Zwagerman asked
for commpnts from Council by 5 00 P m Wednesday, based solely on
the adopted Comprehensive Plan, for forwarding to DPCOG C'ouncil-
man Turner asked staff to lnform cnG by letter tha~ the request was
not recelved by Wheat Ridge Council in tlme to completely stud!
and recommendatlons sent at this time, and will send comments at
a later time
Item 17 Resolution setting fees for Search and Access Revlew of
Criminal Tustice and Official Action Records of the Police Depart-
ment, per H B 1597, effectivp 1/1/78 Motion by C'ouncilman Merkl
"I move for the Adoption of Resolution 550 and order i~ published"
Motion was seconded by Councilman Donaldson and carried 5-0
MAY!JR'S MATTERS
Item 19 Mayor's Proclamation re Burglary Preventiun Month
Mayor Stitps read the Proclamation
CITY ADMINISTRATOR'= MATTERS
Item 21 Notiflcation of Public Meeting to be held Wednesday,
Tanuary 18, 1978, 7 30 P m - 9 30 pm, Wheat Ridge Me~hodist
Churrh (38th S \',7adsworth Bl Jd ) dlning room facili t!, re Wheat
Rijpe Munlripal lomplex (W 29th C Wadswor~h Bl,d ) Drain~~e
Item ,~ Request Jf Wilmore Davis Elementary School for lnstall-
ation of a mid-bloc} pedestrian rrossing signal at appro>imatelY
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VI 44th A\Tj---; II yat'l'U~,.J L l"loticr tv LouncllmQr T lrner "I mnUL
that Public Work~ be allowed to enrumber $5,000 to be llSPcj for Cl
pedestrian crossing light at approximately 44th Avenue and Yarrow
provided a study warrants such installation" 10tlon was secondpd
by Councilman Merkl and carried 5-0
L ITY ATTORNEY'S MATTERS
1r Fox said that the RptalJar}/Peterson purchase had been settled
tuday and approximately $25,000 needs to be forwarded to the Lountv
in ,Tanuary, 1978
He
of
to
requested
Tanuary 1
handle it
diroctlon regardlng
through January 9th
for That time
Municipal Court durlng the period
Council asked Mr FOA's office
CrJUNCIL t1Et1BER' S t1ATTERS
Councilman Merkl turned In a Street LighT PetiTion for the ~200
bloc} on Kendall ~treet
Councilman Merkl thanks citizens and staif for their support
during his 4-jear term
Councilman Hulsey ClIso thanked evpryone and wished the new Council
well
Counrilman Turner thanked Mayor 0tites and Councllmen Merkl,
Hulse{ and Howard for their serJice
Motion to Adjourn bj Councllman Merkl, seconded by Councllman
Hulsey ALL AYE
(?' ( <: i-f-f
Carol F
v/' /1 (t//Lf/ff:
Hampf, Ci"t Clerk
APPROVED
I/ltnr
I I
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