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HomeMy WebLinkAbout05/22/1978 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE COLORADO MA Y 22, 1978 The Four Hundred and Ninth Regular meeting of the Wheat Ridge City Council was called to order by Mayor Oliver V Phillips at 7 30 pm, May 22, 1978, 4355 Field Street Councilpersons present were Joseph M Donaldson, Anthony N FIasco, Gary L Lewman, and Louise F Turner (Councilpersons Cavarra and Pepe were absent) Also present were Citv Treasurer James 0 Malone Deputy City Clerk Phyllis J Kramer, City Admin- istrator John A Jerman, City Attornev Edmund G Lambert (City Clerk Carol F Hampf attending International Institute of Municipal Clerks Conference), Department Heads Richard H Bredt, Douglas Hilyard, Charles Stromberg, staff, interested citizens ~val of Minu~es for meeting of May 15, 1978 Motion by Councilperson Donaldson "I move that the Minutes of May 15, 1978, be approved as printed", seconded by Council- person FIasco, carried 4-0 Public Comment Ms Barbara Spicer, representing "Women in Crisis", 1426 Pierce St , a program to assist victims of domestic violence, informed Council of the need for a facility and requested use of the Hart Mansion pending historical restoration The organization is willing to provide volunteer workers for painting/ clean-up She commented that up to the first of May, 676 men women, and children had been served throughout the State; the budget for fiscal year ending June 1, $214,418 38, increase expected for next year $24,400, cost per person was $170, to go up to $188, present facility rents for $3,000 per month, including food Council recommended the matter be referred to staff for the June 5th Study Session James 0 Malone, City Treasurer, advised of receipt of guidelines for audit of EDA Grant for City Hall funding It was consensus of Council the pro- cedures used for solicitation of audit proposals for annual City Audit would be appro- priate Public Hearing Item 1 Application for a new Drug Store Li~uor License Motion by Councilperson Donaldson "I move that the Public Hearing on the application by Sav-Mor Drug, Inc located at 10123 W 37th PI , Wheat Ridge, Colo- rado, be deferred until June 19, 1978"; seconded by Councilperson Turner, carried 4-1 Item 2 Ordinance amending Code by codifying Ords Nos 232 through 242 of the City, and incorporating said Ordinances into the Code Councilperson Donaldson introduced the Ordinance, numbered 281 and title read by Clerk Motion by Councilperson Donaldson "I move that Ordinance No 281 be adopted on first reading and ordered published; that a Public Hearing be set for June 12, 1978, at 7 30 pm, in City Council Chambers at the Ander- son Building, 4355 Field St , Wheat Ridge, Colorado, and that the Ordi- nance, if approved on second reading, take effect fifteen days after final publication If, seconded by Councilperson FIasco, carried 4-0 Item 3 Ordinance amending Ord 261, Section I, Merit and Civil Service Classification, adding additional job classifications Councilperson Lewman introduced the Ordinance, numbered 282 and title read by Clerk Amended motion "I move that Ordinance No 282 be adopted on first read- ing and ordered published; that the second reading and public hearing be set for June 19, 1978, at 7 30 pm, in City Council Chambers at the Anderson Building, 4355 Field St , Wheat Ridge, Colorado, and that the Ordinance, if approved on second reading, take effect fifteen days after final publication, and that the classification of 'Senior Police Dis- patcher' be deleted" It was Council's recommendation that the classification of Senior Police Dispatcher be deferred for inclusion in the pending personnel study Amending motion by Councilperson FIasco; seconded by Councilperson Donaldson, carried 4-0 Original motion by Councilperson Turner, seconded by Councilperson Lewman, as amended carried 4-0 Item 4 Ordinance amending Chapter 4 of the Code of the City of Wheat Ridge re Animal Control Councilperson Donaldson introduced the ordinance, number 283 assigned and title read Amended motion "I move that Ordinance No 283 be adopted on first reading and ordered published, that a public hearing be set for June 26, 1978, at 7 30 p m in City Council Chambers at the Anderson Building, 4355 Field St , Wheat Ridge, Colorado, and that the Ordinance, if approved on second reading, take effect fifteen days after final publication of the Ordinance, and that under Section 4-1, Definition of Dogs, the letter 'c' in the term 'Canis familiaris' be capitalized" Concern was CITY COUNCIL MINUTES May 22, 1978 Page -2- expressed by Council re animal population control It was Council consensus that the Animal Control Commission should review the ordinance prior to second reading/public hearing for the purpose of proposing its recommendations towards solving this problem First amending motion by Councilperson Turner, seconded by Councilperson Lewman, carried 4-0 Second amending motion bv Councilperson FIasco, seconded by Councilperson Donald- son, carried 4-0 Original motion by Councilperson Donaldson, seconded by Councilper- son FIasco, motion as amended carried 4-0 Item 5 Request of Booze and Beans, 9110 W 44th Ave , to enlarge/modify premises A communication of (Mrs. D.E.) Phyllis Q. Lancaster, 4076 Everett Street, Wheat Ridge, Colo 80033, under date of May 22, 1978, objecting to the proposed expansion was read into the record Archie Wright, 9948 W 25th Ave, appeared on behalf of the applicant The report of the Citv Engineer re: drainage matters was also made a mat- ter of record Provisions for parking and proximity to park facility were reviewed Motion by Councilperson Turner "I would move that the City Council find that this expansion is not consistent with the primary use for which the li- cense was issued, and because of its proximity to a recreational facilitv which will serve young people is not in the best interest of the City nor the neighborhood, I further move that the modification of the prem- ises for Booze and Beans be denied ", seconded by Councilperson Donaldson, and carried 4-0 Item 6 Change of Corporate Officers for D, B & M, dba Big Daddys, 10051 W 1-70 Service Road Applicant was not present to reply to Council concern re current trade name being used Motion by Councilperson Lewman "I move that the application for the change of the corporate officers for D, B & M, dba Big Daddys, 10051 W 1-70 Service Road, be deferred to June 12, 1978, to allow the offi- cers of the corporation to be present", seconded by Councilperson FIasco, carried 4-0 Item 7 Transfer of Ownership Murphs to EI Bandido, 4715 Kipling St Jesse Manzanares, Vice-President/owner, was present for the applicant It was noted that all appropriate clearances had been received with one exception Don Morris, 6615 W 38th Ave, owner of the property, also provided information Motion by Councilperson Turner "I would move that this Council approve the transfer of ownership from Damken Corp dba Murph's Ltd to El Bandido, Inc dba El Bandido Cantina and Resturante, 4715 Kipling Street The new corporate officers are Jose F Sapien, President and Manager, Jesse Manzanares, Vice-President, and Peggy Sapien, Secretary-Treasurer Approval of this transfer of ownership is contingent upon the receipt of a favorable Police report upon Mr Sapien, and should the report not be received as favorable, the approval will not take place; notice will be granted to all parties, and they may apply for an additional hearing in order to go into the allegation for a rebuttal", seconded by Councilperson FIasco, carried 4-0 Item 8 Report of City Treasurer re proposed changes in Social Security reporting Regulations The report indicated City Treasurer had no problems with compliance of proposed changes It was also suggested and recommended that an employee has the opportunity to ask the Social Security Administration for a report of all funds credited to his account at any period of time Item 9 (a) Award of Bid re Interior Signage for Municipal Building Complex (Dee Burton, Project Coordinator) Motion by Councilperson Lewman "I move that the lowest and best bid be awarded to Code Signs of Denver, 1814 Market St , Denver, Colo 80202, for graphics and signage of the municipal complex at a cost not to ex- ceed $4560, to be charged to Account No 31-504-811", seconded by Council- person Donaldson Council expressed concern that the bid exceeded previous Council direction, and that this matter should await return of the bids re outdoor signage Motion failed by vote of 2 to 2, with Councilpersons FIasco and Turner voting no (b) Recommendation from architect on May 2nd walk-through items Change Order No 4 Ms Burton outlined the recommendation Council questioned the responsibility for including the addition of Heat Tracing for the required cooling tower exterior pip- ing at a construction cost of $1,166 (item 6) Motion by Councilperson FIasco "I would move that item 6 be deleted from Change Order No 4", seconded by Councilperson Donaldson; carried 3 to 1, with Councilperson Lewman voting no Motion by Councilperson FIasco "I move that the City of Wheat Ridge approve Change Order No 4, with item #6 deleted; and that the City believes that the heat tracing equipment should be included, but at a cost of CITY COUNCIL MINUTES May 22, 1978 Page -3- the Architect, and direct the City staff and City Attorney to hold con- ferences concerning this, to the construction contract with Lillard & Clark Construction Company in the amount of $7235, and charge same to Account No 31-504-811 "; seconded by Couneilperson Donaldson, carried 4-0 (The move to the new Municipal Building complex is scheduled for June 26, 27 and 28~ (c) Mountain Bell Tela-Lease~ It was indicated that the PUC ruling would not affect the installation/service at the Municipal complex Item 10 Motion by Councilperson Donaldson "I move to approve the renewal of the Class J-2 3 2% Beer (on premises) License for Denver Pizza, Inc , dba Pizza Hut, at 4202 Wadsworth Blvd, Wheat Ridge, Colorado", seconded by Councilperson FIasco, carried 4-0 Council expressed dissatisfaction re roof color of building Motion by Councilperson Turner "I would move that the terms of the agreement ~---rhe time the building was built regarding roof color be checked with the record, and if there is a discrepancy with what was agreed to and approved, that there be a correction made", seconded by Councilperson Lewman, carried 4-0 Item 11 Resolution authorizing submission of an application for a traffic manage- ment study grant to the Colorado Division of Highways Safety Resolution introduced by Councilperson FIasco, number 577 assigned and title read Motion by Councilperson FIasco "I move for the adoption of Resolution 577", seconded by Councilperson Donaldson, carried 4-0 Item 12 (a) Resolution No 568 (previously introduced and deferred) authorizing acquisition of Zarlengo property at Clear Creek and JS.!.Eling, and (b) substitute Reso- lution proposing immediate acquisition of a portion of subject proper~ for Parks and Open Space Purpose~ It was the consensus of Council that this matter should be referred to staff to develop a report re information as to whether or not the property can be split, if agreeable with owner, usefulness of remaining property, the specific portion to be purchased, and cost thereof Item 13 Motion to refer proposed reV1Slon of Ordinances Nos 267 and 268 to Planning Commission to provide for a clarification of establishment of PFS-1 Classification Hotion by Councilperson Lewman "I move to refer the proposed revision to Ordinances Nos 267 and 268 to the Planning Commission for their review and c ommen t ", seconded by Councilperson FIasco, carried 4-0 Mayor's Matters Mayor Phillips begin at 6 30 pm, Tuesday, May May 31, 7 30 pm, in Golden, re City Administrator's Matters Item 14 Approval of Agreement with C & S Railway Co for rail crossing improvements at Miller, Parfet, and Robb Streets with City costs covered by State Highway Grant, Account No 01-303-660 announced the special meeting of the Council will 30th Further, there will be a meeting on Wednesday, Open Space Amended Motion "I move the Agreement with The Colorado and Southern Rail- way Company be approved, and the Mayor authorized to sign it, and, also, that there be a notation as to the correct spelling of Wheat Ridge on the Agreement, that the funding for the projects to be agreed upon to be taken from Grant moneys as provided by District III, Safer Off Roads Program' Amending motion by Councilperson Lewman, seconded by Councilperson Turner, carried 4-0 Original motion by Councilperson Turner; seconded by Councilperson Lewman, motion as amended carried 4-0 Item 15 Submission of proposed Budget Calendar for preparation of 1979 City Budget It was consensus of Council that staff is to proceed with the outlined tentative scheduled as presented Item 16 Agreement with Jorgensen-Hendrickson for footbr~dge design ~otion by Councilperson Lewman "I would move that the City Council authorize the Mayor to sign the agreement between Jorgensen-Hendrickson and the City of Wheat Ridge for the design work on the two bridges, one at Pros- pect Park and one at Independence Court over Clear Creek, and charge the sum of $8400 to Account 31-504-862-8", seconded by Counci1person Turner carried 4-0 CITY COUNCIL MINUTES May 22, 1978 Page -4- Apple and Siberian Elm trees at site of Municipal Build~~ It was brought to Council's attention that a decision should be made as to removal or protection of the trees be- cause of age, landscape grading, sprinkler system installation Motion by Councilperson Turner "I would move that the elm tree be removed and the apple tree not be r emov ed ", seconded by Councilperson Donaldson; carried 4-0 Council directed the City Administrator to report re estimate on costs of preserving the tree City Administrator announced Statement re months of 1978 has been distributed There May 24, from 2 to 4 pm, at DRCOG Building Council Members' Matters Deputy Judge earnings for first four will be an Air. Pollution Meeting Wednesday., B Councilperson Turner suggested the matter of t~affic signal maintenance costs should be reviewed at a future study session Councilperson Lewman reported re W 44th Ave funding (DRCOG) (1) $50,000 budgeted this year to begin preliminary engineering and the Environmental Statement process, (2) initial staff recommendations are $160,000 for July '79 - June '80, $1,200,000 July '80 - June '81, and $1,400,000 July '81 - June '82 It was noted that the Planning Commission report re W 44th Ave had been rescheduled for study session MEETING ADJOURNED at 10 40 p m APPROVED Clerk co11- Di-;tributed to/: Oat. S/:2'i 7[: Cit'f Clerk: City Treas: CouncIl Mayor City Adm City A tl\- ~ Otpt. Heads dE r~, . . ,1Y1 S T n .Je.< T/~ A)