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HomeMy WebLinkAbout10/10/1974 MI/\IUTES October 10, 1974 The two hundred and fifry-ninth regular meeting of the Wheat Ridge City Council was called to order at 7 30 p.m. by Mayor Homer Roesener at 4355 Field Street.. Aldermen present were Hulsey, Larry Merkl and was absent:. Mary Jo Cavarra, Joseph Donaldson, Calvin Louise Turner. Alderman Robert Howard Also attending were City Administrator John Jerman, City Artorney William Mc Carthy, City Clerk Elise Brougham, staff and interested citizens, and City Treasurer James Malone. Motion by Alderman Turner "I move that the Minutes of October 3, 1974 be approved and not read, subject to the following corrections 1. On Page. 1. under findings by the City Clerk, the word "resolution" Should have quotation marks around it. 2. On page 2. the word "tax" should be added after sales, under comments by Bonnie Scoma. 3. On page 4. under comments by Alderman Turner, the first sen- tence should be deleted and should read as follows 'Alderman Turner stated she had been told that the burm on the Coors lakes was about to be removed, and recommended that, if possible, it be a bird refug8.'" Motion was sec,mded by Alderman Merkl and passed 5-0. City Attornev McCarthv also commented that his comments regarding street paving, and curb, gutters and Sidewalks on Page 3. of the October 3, 1974 Minutes are overruled by his Memo of October 7, 1974. It was stated that this Memo was scheduled on tris night's Agenda, and would be a part of the record of the October 10, 1974 meeting. Public Comment was made by Walter Hyer of 1500 Western Federal Savings Bldg. stated he was an attorney and would like to comment on Item 7. B. Resolution regarding petitions turned in on Rezoning Case WZ-74-18. It was determined that he could speak when that item came up on the Agenda. Resolution /\10. 345 establishing the 1975 Budget was introduced by Alderman Cavarra and was read. (IT should be noted that Resolution /\10. 342 had been assigned to this Resolution on 10/3/74 and was introduced by Alderman Merkl, but that the new number assignment supercedes the older one.) Motion by Alderman Merkl "I move that Resolution /\10. 345 be adopted." Motion was seconded by Alderman Cavarra and passed 5-0. Alderman Howard was absent. Resolution finding petitions reqardinq Rezoninq Case WZ-74-18 inva]d was scheduled next. Mr. Walter Hyer, attorney of 1500 Western Federal Savings Bldg. stated 1. He w~ representing the 4 representatives of the signers of the petition that wus filed with the Clerk. 2. The signatures collected were of qualified electors. 3. The signatures on the affidavit ware of qualified electors as required in Chapter 70, C.R.S. The person circulating the petitions does not need to be a resident of the City. 4. That the City did in fact cause legislative rezoning by their Motion, and that the nomenclature of calling a Motion ar Resolution etc. is not important, but the result is. 5. That the right and privilige of the people who signed the petition is abrogated if they are fouhd invalid, and that the people were concerned enough to sign the petition. Resolution No. 345 was introduced by Alderman Donaldson declaring the petitions invalid and was read. Motion by Alderman Merkl "I move that Resolution /\10. 345 be adopted." Motion was seconded by Alderman Turner and passed 5-0. ~erman Howard was absen . MINUTES - October 10, 1974 - Continued -2- Consideration of adoption of a City policy pertaining to formal property ap- praisals before land acquisition was scheduled. Mr. Jerman recommended that for property thai has a value of $5,000.00 or less that a formal M.A. I. land appraisal not be required to preven'; the cost of an appraisal being oul of balance with the Lotal land value. Iderman Hulsey asked what other city's policies were, and stated he would like a legal opinion on this policy because they are dealinq with public funds. It was clarified that the City Attorney had ruled that there was no statutory requirement for appraisals of land. Alderman rurner questioned if a land owner was willing to sell at an agreed price, whether there would ever be a time when question of the selling price would be taken to court. Alderman Merkl stated he would like to see an $5,000.00 but not necessarily a MAl appraisal one week to incorporate the suggestions. appraisal for land under The matter was tabled Mr. Jerman requested approval to change the authorization for payment from Denver Urban Observatory to Mr. Hiram Shaw who is the actual person performing the work. This is to prevent any conflict of payment since the Denver Urban Observatory is government financed, and before they were hired, Council requested bids from private firms which may indicate they were in competition with the private firms. Motion by Alderman Cavarra "I move for the approval to change the payee for consultive work involving the City's merit system ordinance from Denver Urban Observatory to Hiram Shaw, Research and Personnel Analyst, at a cost not to exceed $2,500.00." Motion was seconded by Alderman Donaldson and passed 5-0. Mayor Roesener appointed Mr. Charles Hahn of 4051 Field Drive to fill the vacancy on the Police Advisory Board created by his resignation, and he stated that the term would be no longer than the expiration date of April 11, 1975. Dumpinq Permit at 4801 Tabar Street requested by the Wheat Ridge Public Works Department was scheduled for approval. It was stated that this was for dumping debris from the street sweeper mostly, and that this is on private property and the owner wants a depression on the property filled to ground level. Alderman Cavarra asked if the dumpings could be reused, and stated p80ple could use some of this to fill holes in front of their houses and that it not just benefit one individual. Mayor Roesener stated it would be impractical far individual dropoffs of gravel, but if an individual could use a full truck load, perhaps applications could be taken. Alderman Turner questioned if this was in competition with private industry, and Alderman Cavarra stated she would like to see more information on drainage studies. Alderman Hulsev stated many people complained about gravel pits, and this would be a way to fill them up. Mr. Jerman stated Mr. Taylor claimed the gravel is full of nails and glass and can't be reused on the street. Motion by Alderman Hulsey "I move that Council approve the Dumping Permit at 4801 Tabor requested by the Public Works Department." Motion was seconded by Alderman Donaldson and paEed 4-1. Alderman Turner voted "nay." Mayor Roesener reported that the revised penal code ordinance will need a Study Session by Council He also stated that the Chief of Police had been instructed by himself that speed zones around schools should be rigidly enforced, and that the children are to be advised by officers to walk on the sidewalks and/or side of the street, and if there is not cooperation, then summons may be issued requiring parents to appear. Item 8.8.1 the Strong and Groom property at 35 and Owens was requested to be delayed 1 week. MINUTES - October 10, 1974 - Continued -3- Mr. Jerman stated the employee salary survey is completed and is scheduled for the Council Study Session on November 7, 1974, and asked Council if they objected if this proposal was presented to the employees prior to this date. He stated Ordinance No. 40 states there shall be an annual salary survey, and the City shall endeavor to pay the prevailing rates which obligates the Personnel Officer to obtain this information. Several Aldermen commented that this procedure may breed discontent if the Council decreases what has been presented to the employees. Motion by Alderman Cavarra bring the salary survey to with the city employees." and WAS DEFEATED BY A VOTE Hulsey voted "nay." "I move that the Personnel Director the City Council prior to discussing it Motion was seconded by Alderman Turner OF 3-2. AldeTmen Merkl, Donaldson and Motion by Alderman Hulsey "I move that the Personnel Director have a meeting with the city employees to go over the proposed salary schedule for the year 1975." Motion was seconded by Alderman Donaldson and passed 4-1. Alderman Turner voted "nay" Mr. Jerman stated he had prepared and distributed the list requested by Council of the engineering consultants that had been hired by the City for the last five years. Mr. Jerman also stated application for funding of matching funds to the Bicentenial Commission was due by October 15th, and recommended the amount of $20,000.00. Motion by Alderman Merkl "I move that the City Administrator be authorized ~o submit a grant application in the amount up to $20,000.00 to the Bicentenial Commissioll. Motion was seconded by Alderman furner and passed 5-0. Alderman Howard was absent. City Attorney McCart!'. bt~ted he was requesting an Executive Session regarding an employee clqim for back pay, He also stated that his Memo dated October 7, ~74 explained that construction and maintenance or-Btreets including cur~ uno gutter, alleys, bridges and sidewalks/walkways can be accomplished via a capital improvements proqram where general revenues are used, so long as assessments are not levied. He stated if the City paved and assessed without a petition and Special Improvement District it would be illegal. If an improvement district was established and the street was paved without an assessment it would be illegal. He also answered a previous question if the fugitive dust law was applicable, and he stated it did not apply and it required the county, city and/or state to identify problem areas. Alderman Turner requested Mr. McCarthy to review and simplify the Improvement District Ordinance. Alderman Cavarra stated figures need to be obtained from the Public Works Department on the number of unpaved streets, and number of streets that have been paved etc., and that a policy should be determined. Aldermen Merkl and Hulsey stated the City should proceed with its 5 year program for paving. Alderman Cavarra reported that the Urban Systems Committee 5 year plan will divide the money for municipalities as follows 70% for major projects, 25% for minor projects and 5% to bicycle and pedestrian walkways, and that no designations of streets are involved. She stated the status of the City's applications are as follows 1. The signalization for West 44 Avenue was approved for $100,000.00 and was considered a minor project. 2. Wes~ 44 Avenue from Kipling to Wadsworth Blvd. was given No.5 priority with projected funding in 1978. 3. West 44 Avenue from Kipling to Youngfield was given No. 17 priority with projected funding improbable at the present time. 4. Consequently, the fate of West 44 Avenue should be determined with public hearings in 1977. MINUTES - October 10, 1974 - Continued -4- A let er from Alexander Gran! and Co., the City'5 Audil;or5, 5tating their fee and service for their audit of 1974 had been dislributed. Motion by Alderman Hulsey "I move thaI. the City hire Alexander Grant and Company, Cer~ified Public Accountants, to do external audit of the city books of 1974 at a price not to exceed $5,500.0rr to be charged to Account No. 415.32." Motion was seconded by Alderman Donaldson and pas5ed 5-0. Meeting was adjourned at 9 15 p.m. EXECUTIVE SESSION A claim for back pay for J.D. Wallace a Lieutenant at the Police Department was presented by Police Chief Ed Pinson. A Statement of Agreed Case was distributed. Discussion followed. REGULAR MEETING The regular meeting of the Wheat Ridge City Council was reconvened by Mayor Homer Roesener at 10 20 p.m. Aldermen present were Calvin Hulsey, How3rd was absent. Mary Jo Cavarra, Joseph Donaldson, Larry Merkl and Louise Turner. Alderman Robert Motion by Alderman Merkl "I move that the City Attorney be authorized to enter into a stipulation called Statement of Agreed Case in the matter of the petition to be filed with the District Court in and for the County of Jefferson styled J.D. Wallace and the City of Wheat Ridge, Colorado, petitioners, a copy of which is attached." Motion was seconded by Alderman Donaldson and passed 4-1. Alderman Hulsey voted "nay." Meeting was adjourned at 10 22 p.m. APPROVED ;${) /f/Jl71 --- -, MINUTES - OctobBr 10, 1974 - ContinuBd -5- IN THE DISTRICT COURT IN AND FOR THE COUNTY OF JEFFERSON ST ATE OF COLORADO IN THE MATTER OF THE AGREED CASE BETWEEN J D Wallace and The City of Wheat Ridge, Colorado, Petitioners } } } } } } } } } ) } ST ATEMENT OF AGREED CASE THE UNDERSIGNED being parties to a controversy between them that might be the subject of a civil action, hereby submit to the Court for its judgment and determination as provided by Rule 7 of the Colorado Rules of Civil Procedure the below described controversy, and with respect thereto, agree to the following statement of facts 1 The County of Jefferson, State of Colorado, is the proper venue and jurisdict ion for t his controversy had an action been brought 2 The City of Wheat Ridge, Colorado, is a city validly incorporated under the laws of the State of Colorado and the United States of America, and as such validly maintains a police department under its jurisdiction and control, namely, the \Vheat Ridge Police Department 3. J D Wallace is a commissioned officer of the Wheat Ridge Police Department presently carrying the rank (and class) of Lieutenant 4 J D Wallace has been employed in good standing as a member of the Wheat Ridge Police Department since May 16, 1970, and during such time has carried the following class ti"le, pay rate and step according to the personnel records of the Wheat Ridge Police Department Date Class 5 /16 /70 6/1/70 6/15/70 12/16/70 1/1/71 Senior Patrolman Sgt (of Patrolmen) Lt (of Patrolmen) Lieutenant Lieutenant Pay Rate (Salary) Grade & Step $673 per mo $706 per mo $811 per mo $849 per mo $896 per mo Sr Patrolman, Step C Sgt - Investigation Lt - Step B Lt - Step C 42B MINUTES - 0 b I er 10, 1974 - Continued -6- Pay Rate (Salary) Grade & Step D lte Clain 11/16/71 12/16/71 1/1/72 1/1/73 8/1/73 1/1/74 7/1/74 Lieutena nt Lieutenant Lieutenant Lieutenant Lieutenant Lieutenant Lieutenant $912 per mo $935 per mo $1007 per mo $1084 per mo $1139 per mo $1320 per mo $1386 per mo 38B 38C 38C 38C LtB 43E 43E 5 J D Wallace 'vas assigned to the Detective Division on February 1, 1972 and remained there until April 15, 1973, and was again assigned to the Detective Division on February 1, 1974 and has remained there until the date of this stipulation 6 Immediately before, and at the time of, his assignment to the Detective Division, J D Wallace was receiving a salary at the highest step within the pay grade designated for Lieutenants, which grade and step is successively shown in paragraph 4, above Throughout his assignment to the Detective Division, he has continued to receive a rate of pay at the highest step within the pay grade designated for Lieutenants 7 J D Wallace has at no time, either on February 1, 1972 or on February 1, 1974, received an increase in salary as a result of his assign- ment to the Detective Division 8 Without stipulating to any meaning for the term "step", for the purposes of this case, the parties agree that a step increase results in a percentage increase in salary of 2-1/2% for the period from February 1, 1972 to April 15, 1973 and a percentage increase in salary of 5% for the period from April 15, 1973 to the present time 9 The Chief of the Wheat Ridge police Department, being the super- vising officer for J D Wallace, has recommended a salary of the next highest step for the period during which J D Wallace has been assigned to the Detective Division. 10 Ernest B Canfield, a Lieutenant with the Wheat Ridge police Department was paid a salary 5% above that designated by his step (not being the highest permissible within his grade) upon entering the Detective Division as a result of his assignment to the Detective Division. 11 The question submitted for determination by the Court is as follows - 2 - Do the Ordin es of the City of Wheat Ridge, and Ordinance> 40, Section 5, in particular, require that Lt J D \\'albce of the Wheat Ridge Pollee Dep:lrt- ment, upon his assignment to the Detective Division, receive a salary of 5% higher than that provided by the pay grade and step assigned to him at the time of his assignment to the Detective Division, to continue for the period during which he is assigned to the Detective Division even though at the time of such assignment, he was receiving the highest step within the pay grade for the c1assi- ication of Lieutenant ') 12 The parties hereto agree to be bound by the decision of the Jefferson County District Court Judge, thus waiving their rights to appeal said judgment and order beyond the level of the Jefferson County District Court The City of Wheat Ridge furthermore agrees that in the event the prayer . r-- of J D Wallace is granted and ordered by the District Court Judge, to pay ~ ro D.. the sum of $911 50 to J D Wallace within thirty days of the date of tre Court I S decision, and to pay him a salary in an amount 5% above his listed u (]J :J C .,-j +' C o [,J grade and step rate for the period from October 1, 1974 and throughout the period of his assignment to the Detective Division. WHEREFORE, J D Wallace prays that he be paid the sum of $911. 50 ,j r-- [J'I " as past salary due, and a sum not less than 5% above his listed grade and o " step rate while assigned to the Detective Division of the City of Wheat Ridge H J1l WHEREFORE, the City of Wheat Ridge prays that J D Wallace not o +' LJ o be paid the sum of $911.50 as back wages, and not be paid any amount above \3 the highest step within the grade of Lieutenant while assigned to the Detective I- :::J 2: H ~ Division of the City of Wheat Ridge, Colorado Respectfully submitted, MYERS, WOODFORD & HOPPIN By a4h4:/ ~~ Charles T Hoppin Attorneys for J D Wa Hace Suite 505, 4704 Harlan St , Denver, Colo Telephone 433-8527 CITY OF WHEAT RIDGE By William McCarthy, City Attorney ST ATE OF COLORADO ) ) ss COUNTY OF JEFFERSON ) THE UNDERSIGNED, being duly sworn, upon his oath, deposes and says - 3 - MINUTES - October 10, 1974 - Continued -8- that he is one of the parties to the controversy submitted in the foregoing case; that the controversy is real, and that the proceeding is instituted in good faith for the purpose of determining the rights of the parties CITY OF WHEAT RIDGE By Its Authorized Agent Subscribed and sworn to before me this day of 1974 Notary Public My Commission Expires ST ATE OF COLORADO ss COUNTY OF JEFFERSON THE UNDERSIGNED, being duly sworn, upon his oath, deposes and says that he is one of the parties to the controversy submitted in the foregoing case, that the controversy is real, and that the proceeding is instituted in good faith for the purpose of determining the rights of the parties Subscribed and Q~ ~).. )J D WA CE sworn to efore me this day of 1974 Notary Public My Commission Expires 4 -