HomeMy WebLinkAbout03/14/1974
MHJUTES
March 14, 1974
The two hund,ed and thirty-second regular meeting of the Wheat Ridge
City Council was called to order by Mayor Paul B Abramson at 7 30 ~m
a~ 7390 West 38 Avenue.
Aldermen a+tending were Mary Jo Cavarra, Joseph Donaldson, Robert
Howard, Calvin Hulsey and Larry Merkl and Louise Turner.
ot-hers present we,e
William E McCar~hy,
citizens
City Administrator John Jerman, City Attorney
City Clerk Elise Brougham, staff and inte,ested
Motion by Alde,man Donaldson "I move that the reading of the Minutes
nf March 7, 1974 be dispensed wi th and that they be approved as printed "
Motion was seconded by Alderman Turner and passed 4-2 Aldermen Howard
and Hulsey vnted "nay."
Public Comment was made by
Alderman Turner who stated that she was requesting that the procedure
of renaming parks be changed and that this item be placed on the Agenda
for 3/21/74
Michael Villano, attorney 4315 Wadsworth stated he was representing
Orville M Lockhart, Doris D. Lockhart and Muriel Burwell who were
requesting a Rehearing on their Rezoning Case WZ-73-2o because they
had new and contradictory evidence. He stated
1. The pet.itions passed in the neighborhood opposing the rezoning
either was misrepresented or misunderstood.
2. Mr Lockhart had personally passed a petition of the surrounding
38 homeowners who had signed stating they had no objection to the rezoning,
and 7 of those signatures were people who had signed opposing the rezoning
previously, who stated that they thought the property in question had
been the Cobb property. Those 7 are marked by a "R" on the petition
3 Also, hullerstrand Elementary School is going to expand the
building to the east and when completed it will be within 16' of the
Burwell property, and within 32' of the Lockhart property, and that this
is an encroachment.
Mavor Abramson stated that according to Robert's Rules of Order a Motion
to reconsider a rehearing a second time would require unaminous vote by
Council, or Council can set aside the Rules
Attornev Villano stated that this is only a request to rehear, and not
a reconsideration, and that Council can do anything by majority vote.
Alderman Cavarra stated she felt this set a dangerous precedent.
Alderman Hulsey stated Council could rehear the case if the new evidence
justifies it
Alderman Turner questioned how the petition was presented, what was the
difference between the Cob property and Mr. Lockharts regarding rezoning,
and if this was a personal matter instead of a rezoning question. Mr. Lockhart
said some signing his petition were personal friends, that a circulator
of the petition opposing, Mrs. McMillan stated she had said it was the
Cobb's place, that if it was Residential-One zoning he would lose a lot
and they would be oversized on the east, and undersized on the west
Alderman Turner asked if Mr. Lockhart could rezone the area where he lives
and sell the rest for Restdential-one. Mr Lockhart stated that he had
had an offer for $2,000 oO~fBr the land zoned R-1 instead of R-1-A, and
that. 11 sites bring more than 8 sites. Alderman Cavarra asked Mr. Lockhart
if he had actively tried to sell his land zoned R-1 He stated "no"
Attorney Villano stated practical use of the land would not support R-1
MINUTES - March 14, 1974 - Continued
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Motion by Alderman Hulsey "I move that we set aside the rules for
this one case." Motion was seconded by Alderman Merkl. Motion passed
4-2. Aldermen Cavarra and Donaldson voted "nay "
Alderman Turner stated that a school is an acceptable use in R-1 zoning,
and that it is a matter of land use, and the school expansion is not
exceeding its legal limits of use, and that it isn't a substantial
change in the neighborhood.
Alderman Cavarra stated 4 times as many signatures were turned in at
the hearing opposing the rezoning, and that there has been no evidence
presented that the property is not salable under its present zoning
Motion by Alderman Hulsey "I move that Case WZ-73-20 be reconsidered,
and that a Rehearing be set on April 11, 1974 in these Council Chambers
because of the reason that the new evidence justifies this reconsideration."
Motion was seconded by Alderman Howard and tied 3-3. Aldermen Donaldson,
Turner and Cavarra voted "nay." Mayor Abramson voted "aye" to break the
tie and pass the Motion 4-3
Grant Cobb of 2085 Estes Street stated that he felt others should be
asked about this matter, and he was informed at the Rehearing others
would have a chance to speak.
Mrs Nancv Snow of 11155 West 40 Avenue stated that she felt this was
establishing a dangerous precedent, that if an applicant is persistent
he can get a rehearing, that people had protested and she questioned
how many times opposition must appear.
Motion by Alderman Howard "I move that we pass over the resolution
listed as 7-8 (recognizing the Wheat Ridge High School Football Team)."
There was no second. Mayor Abramson stated it would be considered
when the item came up on the Agenda.
Resolution No. 285 on recommendation of the City Administrator, Mr.
John Jerman, was rescheduled for March 28, 1974.
Resolution No. 289 recognizing the Wheat Ridge High
Team was introduced by Alderman Donaldson and read.
Alderman Turner"that Resolution No. 289 be adopted."
seconded by Alderman Donaldson and passed 6-0.
School Football
Motion by
Motion was
Resolution No. 290 was introduced by Alderman Turner and read.
Resolution called for the Rules of Procedure to be adopted but not
printed and bound. Motion by Alderman Turner "I move that Resolution
No. 290 be adopted." Motion was seconded by Alderman Cavarra and
defeated 4-2. Aldermen Donaldson, Howard, Hulsey and Merkl voted "nay".
Resolution No. 291 was introduced by Alderman Merkl and read. Resolution
called for the Rules of Procedure to be approved, and printed and bound.
Motion by Alderman Donaldson "I move that Resolution No. 291 be adopted."
Motion was seconded by Alderman Hulsey and passed 5-1. Alderman Cavarra
voted "naif".
Project PW-74-5 - the matter of awarding a contract for traffic signal
maintenance came up for action. Mr. Jerman stated the bids had been
opened on February 26, 1974, and Howard Electric had submitted the low
bid of $442.50 per month. Specifications in book form were distributed
to Council. Motion by Alderman Howard "I move that Mayor Abramson
be authorized to enter into contract with Howard Electric Company for
traffic signal maintenance as prescribed in the Signal Maintenance
Contract (PW-74-5) with funds drawn from Account 431.65, Traffic Signal
Maintenance." Motion was seconded by Alderman Donaldson and passed 6-0.
MINUTES - March 14, 1974 - Continued
-3-
Payment of Colorado Municipal League Dues was considered Motion
by Alderman Merkl "I move that the Treasurer be authnrized to pay
the 1974 dues to the Colorado Municipal League of $3,602.14 from
Account 411.2" Motion was seconded by Alderman Hulsey and passed
6-0 Mr Jerman announced that the Colorado Municipal League was
anxious for comments from Council members regarding League services,
etc.
Payment of the first half of Denver Regional Council of Government
dues for 1974 was considered. Motion by Alderman Cavarra "I move
that the Treasurer be authorized to pay the first half 1974 participating
membership to the Denver Regional Council of Governments of $2,200.00
from account 411.2." Motion was seconded by Alderman Merkl and passed
5-1 Alderman Howard voted "nay".
General Liability Insurance was scheduled for renewal and presented
by Mr. Jerman who recommended that it be renewed. Motion by Alderman
Donaldson "I move that the Treasurer be authorized to pay the renewal
premium for the period March 20, 1974 to March 20, 1975 for General
Liability and Million Dollar Umbrella Insurance totaling $7,738.00."
Motion was seconded by Alderman Merkl and passed 6-0.
The proposed policies governing travel for elected officials were
discussed at length. Motion by Alderman Cavarra "I move we adopt
the proposed policies for travel for elected officials submitted by
the City Administrator." Motion was seconded by Alderman Howard.
MOTION by Alderman Cavarra "I move the travel policy be amended
so that the last paragraph is reworded to read "National League of
Cities Conference - Special Item - The City will reimburse the
actuaJ expenses as itemized, except air fare of a spouse of a council-
man of elected official, only at the National League of Cities
Conference each year." Motion was seconded by Alderman Turner and
passed 6-0.
Motion by Alderman Howard "I move that under Transportation
Reimbursement - Item 'a', strike "limousine transportation" and
substitute "ground transportation" and put a period after "airport"
on the next line and delete "and taxi fare as req...lired during the
meeting." Motion was seconded by Alderman Donaldson and passed 6-0.
Motion by Alderman Donaldson "I move that 'travel within the state'
be amended by adding 'Elected officials and spouses may attend Colorado
Municipal League, Denver Regional Council of Government, Jeffco
Governments and other appropriate meetings within the state at City
expense. '" Motion was seconded by Alderman Cavarra and passed 5-0.
The amended motion to approve the travel policy was considered and
the complete travel policy for elected officials as amended was read
by the clerk. Motion passed 5-1. Alderman Merkl voted "nay". A
copy of the amended policy as approved is attached to the Minutes and
filed in the general file under "Travel Policies".
Proposed policies governing travel expenses for City employees were
discussed. Alderman Hulsey asked who determines what meetings are
attended, what funds the money comes from and if persons are reimbursed
for mileage to meetings within the city
Answers from Mayor Abramson and Mr Jerman were that department
heads have made the determinations and funded them from accounts
marked "other", that hopefully travel accounts would be set in the
budget by Council next year, that staff luncheons called by the Mayor
come out of the Mayor's fund and that employees are reimbursed for
mileage and perhaps elected officials should be.
MINUTES - March 14, 1974 - Continued
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Motion by Alderman Howard "I move we adopt the policies regarding
travel for City employees as presented to us without any changes or
alterations Motion was seconded by Alderman Donaldson. Policy
proposal was read in full by the clerk. Motion to adopt passed 6-0.
A copy of the policy as adopted is attached to the minutes and filed
in the general file under "Travel Policies".
Appointments to citizen commissions were discussed. Mr. Ed Sutton,
4470 Cody, asked that people w~ose li~ihood was in the city but
who did not live within the city be considered for the Industrial
Relations Commission so that the City might utilize their expertise.
The resolution requires that members live within the city.
Motion by Alderman Hulsey "I move that Jack Nunn, 3130 Wright Street,
be a business and commercial representative to the Industrial Relations
Commission." Motion was seconded by Alderman Howard and passed 6-0.
Motion by Alderman Turner "I move that Ed Sutton, 4470 Cody, be
appointed as an industrial representative to the Industrial Relations
Commission." Motion was seconded by Alderman Hulsey and passed 6-0.
Motion by Alderman Donaldson "I move that Bob McNichols be appointed
to the Industrial Relations Commission as a representative of the
business community." Motion was seconded by Alderman Cavarra and
passed 6-0.
Motion by Alderman Cavarra "I move that Mike (Harry G.) Boorman
be appointed as a representative of the industrial segment." Motion
was seconded by Alderman Donaldson and passed 6-0.
Motion by Alderman Merkl "I move that Allen
appointed to the commission from Ward One."
Alderman Donaldson, also from Ward One, and
a vote. Residents from Wards Two and Three
hirby, 2876 Gray, be
Motion was seconded by
considered done without
will be made next week.
Mayor Abramson asked that Mr. Sutton act as temporary chairman until
the commission could choose its chairman.
Motion by Alderman Merkl "I move that Eugene Bartlett be appointed
to the Mass Transit Committee" Motion was seconded by Alderman
Donaldson and passed 6-0.
Ordinance No. 149 was brought up for second consideration and the
title read. (Ordinance amends Ordinance No. 138 and pertains to
longevity.) Motion by Alderman Turner "I move that Ordinance No.
149 be passed on second reading and be ordered published and posted "
Motion was seconded by Alderman Cavarra and passed 6-0.
Ordinance No. 147 was introduced for second consideration by Alderman
Merkl and read in amended form. Motion by Alderman Donaldson "I
move that Ordinance No. 147, as amended, be adopted on second reading
and be published and posted." Motion was seconded by Alderman Merkl
and passed 6-0.
Ordinance No. 151 amending Building Code Ordinance No. 84 was
introduced by Alderman Cavarra and read. Motion by Alderman Howard
"I move Ordinance No. 151 be adopted and be ordered publi~led and
posted." Motion was seconded by Alderman Donaldson. Motion by
Alderman Turner "I move that the fee schedules not be changed as
in Section 1." Motion was seconded by Alderman Hulsey who said he
wanted it discussed, and he wanted to have input on it at the public
hearing. The motion was withdrawn. Motion by Alderman Turner "I
move that under Article IV, Section 1-26 (8) instead of saying
'Subdivision Regulations apply..', it should say 'where Subdivision
Regulations apply... '" Motion was seconded by Alderman Donaldson.
Alderman Turner explained that the intent of the motion was to do
the same thing as the repeal of Ordinance No. 130 so that a person
who was not subdividing was not subject to the Subdivision Regulations.
MINUTES - March 14, 1974 - Continued
-5-
City Attorney McCarthy stated that any land that had at any time been
subdivided or in a subdivision would still be subject to the Subdivision
Regulations and it was clarified that land that had never been subdivided
would be exempt. Alderman Cavarra stated she could not vote for the
amendment, that she felt commission and multiple unit developments should
be covered by Subdivision Regulations, that the matter was complex and
perhaps should be taken up at a study session. Proposed amendment to
Article IV was defeated 4-2. Aldermen Howard, Donaldson, Cavarra, and
Merkl voted "nay". Motion to adopt Ordinance #151 on first reading
passed 5-1. Alderman Turner voted "naV'.
WZ-73-29 - Rezoning case was heard.
requested a change from Agricultural
(RC) at 18201 West 44th Avenue.
Applicant, Ralph Jacobson had
One (A-1) to Restricted Commercial
Garth Gibbons of the Planning Department stated
1 The case was heard by the Planning Commission on November 19,
1973, and by City Council on December 20, 1973.
2. Motion by City Council was to take no action on the matter
based on House Bill 1529 - regarding commercial mineral deposits.
3 He had on file a letter from the state geologist which
endorsed the report from Environment Inc. on this site.
4. Letter stated five acres was a minimum size for commercial
gravel resources, this tract was too small, and in other respects _
not a commercial deposit.
5. Surrounding uses included vacant agricultural, vacant planned
residential, vacant commercial, high density and commercial.
6. Land Use Plan recommends high density residential and staff
considers Land Use Plan in error for this location.
7. Will extend strip commercial zoning to the west.
8. Newgate to southwest is high density - might necessitate
commercial services in the area.
9. hipling to West to Ward Road - seven acres of zoned and
unused commercial property.
10. Planning Commission recommended approval for the reasons
given by the applicant, because it was the best use and because it
didn't constitute strip zoning. Approval was subject to House Bill
1520
11. This land is adjacent to commercial zoning and lends itself
to commercial use.
12. (In answer to question) There is other access to the possible
gravel area to the north.
The applicant Ralph Jacobson stated he, Harold Lutz, and Gail Gilbert
owned the land together and that Mr. Gilbert was present and Mr. Lutz
was not.
Attorney McCarthy determined that Mr. Jacobson, as trustee, could
proceed without Mr. Lutz being present
Mr. Jacobson stated that a residence of approximately 1,000 square
feet existed on the property and with architectural upgrading could
be used for Restricted Commercial uses. Restricted Commercial would
provide a buffer between the commercial and the residential. Restricted
Commercial would provide small place for small business. There is
commercial to the south and east. In answer to question by Alderman
Merkl as to why more should be zoned when commercial existed that was
not used, Mr. Jacobson said, "The zoning would allow use of the
existing house which was not desirable for residential.
No one appeared in favor or in opposition
Motion by Alderman Turner "I move case WZ-73-29 be tabled
for decision." Motion was seconded by Alderman Donaldson
Merkl stated he saw no reason a decision could not be given
Motion passed 5-1. Alderman Merkl voted "nay".
one week
Alderman
tonight
MINUTES - March 14, 1974 - Continued
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himself
Mayor Abramson reported that the sub-committee made up of\Aloerman
Cavarra, Chief Pinson had written a resolution establishing a Police
Advisory Commission and asked that the resolution be put on the agenda
March 21, 1974.
There was discussion regarding a defeated resolution which had been
intended to do away with the Liaison System to departments. It was
determined after discussion that a meeting of department heads,
administrator and council members might preclude conflictinq directives
to departments from the administrator and liaison DeoDle
Mr. Jerman explained the unwritten policy being followed of not requlrlng
a performance bond or bidders bond on any bid under $1,000 00 and
recommended that the policy be adopted formally by Council. Motion
by Alderman Merkl "I move that in purchases or construction under
$1,000.00, at the prerogative of the City Administrator, no bond be
required." Motion was seconded by Alderman Turner and passed 6-0.
Mr Jerman reported he had attended a one-half day meeting. Federal
officials and others had discussed the fact that "catagorical grant
programs were being phased out and congress is considering an act
called "Better Communities" act under which cities under 50,000 might
deal directly with the federal government without going through
Council of Governments.
Items of jewelry utilizing the City Seal in color were shown to the
council to be considered later as items that might be given to
persons who had been active on commissions, etc.
Report scheduled to be given by Mr. Rybkowski regarding a National
League of Cities Conference in Washington, D. C., was continued to
another time because Mr. Rybkowski was ill and unable to be present.
Attorney McCarthy presented an easement for approval. Motion by
Alderman Donaldson "I move that the City of Wheat Ridge accept a
permanent easement from Mr. Arthur hnief. Said easement being for
the purpose of installing and maintaining a sewer line for the City's
multi-purpose building in City Park.
Mr. McCarthy stated the penal code needs updating and the code in
process for Lakewood would be helpful. Also, that he would be meeting
with a codifying company in the near future.
Payment of an overrun on the McCall-Ellingson contract for the Harlan
Street Drainage Basin Study was considered. The following is a synopsis
of comments and a verbatim trahscript can be obtained from the City's tapes
of the meeting
John Jerman - The City had authorized $14,000.00 m the contract, the
contract said it was an estimate. The accounting system had lagged so
there was an overrun before the consultant notified the City. There
appeared to be a gray area as to whether some one had indicated the
consultant had the authority to go beyond the $14,000.00. Actual cost
had gone beyond $30,000.00 and the consultant was willing to settle for
$25,000.00.
Attorney McCarthy - The contract was nttt tight enough and could be
interpreted to go beyond the amount stated. (In answer to Mayor
Abramson) .
Harold Ellingson, Consultant - stated he had not had specific authorization
to go beyond the $14,000.00 amount The overrun was at $4,000.00 when
it was discovered and Mr. Taylor was notified. Mr. Taylor had asked
him to prepare a justification. At that point, the Mayor had told him
to stop work but the field work was already finished and he chose to
finish the job at his own risk rather than stop in the middle.
MINUTES - March 14, 1974 - Continued
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He had felt the job should be finished and the service. was performed
to do a good job The company was remiss in not catchlng the overrun
Many situations were encountered that caused the scope of.the ~ork to
chan e The amounts were estimated When this type of sltuatlon occurs,
the ~rocedure is to give notice He felt the report should be evaluated
by Mr. Tavlor and the Council.
Alderman Howard--The companv knew what had been authorized and who was
working and the pay for each. He couldn't understand why the consultant
hadn't known what was going on and that he would not approve paying
anvthing above the $14,000 00 that was stated.
Mayor Abramson--Consultant was authorized $14,000.00 and spend $18,000.00.
Mr. Tavlor was told to tell him to stop work and bV that time it was
$22,000 00, four days later The oversight was on the part of the
company that the City was not notified sooner It was wrong to assume
the CitV would pay "cost plus" when there when there had been a firm price
He would veto payment of anything over $14,000 00 in the event Council
approved it The administrative position was that $14,000 00 was
authorized and $14,000.00 would be paid unless otherwise directed by
Council
Alderman Cavarra--Stated she could not support an additional $11,000 00
and that the City had entered into the contract in good faith The
consultant was told by the mavor that the Council considered it a firm
bid.
Alderman Hulsev--The wording had been in a letter that the amount
would" not exceed $9,500 00 for 1973 and not exceed total of $14,000.00"
He asked what Council would receive for $14,000 00 if that is what is
paid and was told the full report had been given to Council the week
before.
Alderman Turner--Stated the overrun and delav in notice were unfortunate
Perhaps Council people should ask themselves if they would have approved
finishing the project if they'd been notified at the proper time. The
report was of such importance to the CitV that it should be accepted
and the money paid. Future contracts should be firmer
Discussion followed as to assurance on the 9/20 meeting that $14,000.00
was the top figure and led to a decision that tapes would be heard and
transcribed and distributed to Council and the matter be put on the
agenda again on March 28, 1974 Mayor Abramson said payment of the
$14,000 00 would be in order.
Motion bV Alderman Turner "I move that Council authorize payment of
the $9,500.00 from the 1973 budget and authorize $4,500 00 from the
1974 budget from Account 431" Motion was seconded by Alderman Merkl
and passed 6-0.
Purchase of two one-half acre parcels came up for consideration
Motion bV Alderman Turner "I move that COJncil purchase two parcels
of land on Clear Creek, owned by Mr. Potuzak, at a total price of $2,500.00
from Account 452 15." Motion was seconded by Alderman Donaldson and
passed 5-1. Alderman Howard voted "nav"
Meeting was adjourned at 11 30 P. M
APPROVED
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