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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. -2- 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. -3- 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 -4- 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 -5- 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 r:H-