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HomeMy WebLinkAbout12/19/1974 MINUTES December 19, 1974 The t.wo hundred and sixty-seventh regular meeting of +he Wheat Ridge City Council was called to order by Mayor Homer Roesener at 4355 Field S!reet at 7 30 p.m. Aldermen attending were Mary Jo Cavarra, Joseph Donaldson, Roberl. Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Also attending were City Administrator John Jerman, City Attorney William McCarthy, City Clerk Elise Brougham, staff and citizens. Motion by Alderman Turner "I move that consideration of the r inJtes (of 12/12/74) be delayed until the 25th of December 1974." Motion was seconded by Alderman Donaldson and passed 5-0. Public Comment was made by Norman H. Anderson of 12495 W. 32 Avenue stated that a letter he had distributed before City Council (in regards to building violations on his house) had an error and that it should read "}~ inch" instead of "5/8 inch." He also asked if only the issues in the letter from Mr. Stevinson (the bUilding official who had investigated it) would be discussed at the requested hearing or if other issues which Mr. Stevinson did not cover would be brought up. Mavor Roesener stated only the issues covered by Mr. Stevinson would be covered at that time, and that Mr. Anderson could request that other matte~ be heard at a later date. Roqer Keithley of 9472 W. 55 Avenue stated he was an attorney and certain resident had asked him to speak for them but he was not repre- senting them. The residents were on Saulswry Street between U. 44 and W. 46 Avenue 2nd were interested in a special ordinance to prohibit the storage of large, unsghtly vehicles on city streets or residential property in areas zoned residential. He stated the reasons are aesthetic, to protect the value of the property and the community, for safety because the large vehicles obstruct the view. He stated he had checked with neighboring cities and the fOllOWing ones had such laws Arvada, Aurora, Boulder, Denver and Thornton. Alderman Donaldson stated he had also received complaints from citizens on large semis parked in residential areas and running their engines to warm up for long periods of time, and questioned if any of these ordinances also dealt with this problem. Alderman Cavarra questioned if this should be in the Penal Code, and City Attornev McCarthv stated it should part of the Model Traffic Code, bJt a schedule of streets must be completed by Public Works Dept. first. Alderman furner asked that two items be placed under reports on the Agenda 1. A reconsideration of the purchase of the calculator that was passed last week. 2. That the Mayor make a statement regarding the Council's decision on the pay ordinance (for 1975). Decision on installation of 4 ft. concrete sidewalk on W. 41 Avenue was scheduled. In answer to a question, Glen Tavlor Public Works Director stated there Wffi 50' ROWand there would be 3' between the sidewalk and the pavement, and that the walkway will be between Reed and Sheridan except for the area in Mountain View. He stated the total walkway projects are ~est 41 Avenue from Reed to Sheridan Blvd., High Court from West 38 to 35 Avenues and West 32 Avenue from Youngfield and liiland. Alderman Howard stated that between Harlan and Y,endall, W. 41 Avenue narrows and asked where the sidewalk would be placed. Mr. Tavlor stated they are presently running cross sections in that area now, and that there is a possibility of retaining walls being put in and that sidewalks are for both sides onf W. 41 Avenue. He stated that on High Court which is narrow and W. 32 Avenue it would be on one side. MINUTES - December 19, 1974 - Continued -2- Mr. Jerman stated the cost of asphalt walkways with concrete radii is $1425.00/ 520. L.F., without radii is $1,275.00/ 520 L.F. and all concrete is $1,150.00/ 520 L.F. plus cost of forms. Alderman Howard objected to making a decision when all the information is not in such as if a retaining wall is required, the cost would increase etc., and recommended tabling until the engineering is done. Alderman Merkl agreed. Mr. Taylor stated it is difficult to have the complete engineering tied in, and if Council waits for all of the work on paper to be done first, then perhaps all of the jobs could not be completed. Alderman Hulsey asked if the ROW on W. 32 Avenue would be determined if the walkway was put in, and Mr. Jerman stated "Yes" and it would be at the edge of the ROW (the walkway). In answer to a question by Alderman Donaldson, Mr. Taylor stated they would do the north side of W. 41 Avenue first and then do the other projects, and then time permitting they would do the other side of 41st. Alderman Hulsey stated they should do the south side of w. 41 Ave. first because there is a partial walkway there, and that the west side of High Court should be done. Alderman Turner stated the north side of W. 41 Avenue has more existing sidewalk. In answer to a question, Mr. Taylor recommended a defined corner radii as a safety factor, and that the engineering work on W. 41 Avenue could be done in about 2 weeks. Alderman Turner stated that it had been her understanding that at the radii and in the middle of the curb there would be a sloping ramp, which would still define the curb. Alderman Hulsey stated that sometime there should be a walkway on leller and recommended takin8:o~ Wheat Ridge people first and the younger school children. Alderman Turner stated she was opposed to curb radii, and stated the City should strive for continuity and that more walkway could be put in without radii. Alderman Merkl agreed that Wheat Ridge children should be taken care of first in the following priority grade school, junior high and then high school. Alderman Cavarra stated that it wal3 the senior high people who started the walkway drive, and not all students can drive to school and the cars cause pollution, and the walkways are also for senior citizens. Mayor Roesener recommended that the Public Works Committee be given this for a recommendation. Motion by Alderman Merkl "I move that we table discussion at this timelin 4 foot concrete walkways as opposed to asphalt walkways along any of the streets in the City, until the engineering staff has had time to work adeq~ate data and cost estimates on W. 41 Avenue." Motion was seconded by Alderman Turner and passed 6-0. Designation of str~et~ and drainaqe areas for the proposed sales tax bond issue was scheduled. Mayor Roesener questioned how an intelligent decision could be made when it is not determined how wide the streets are. Mr. Jerman stated he presumed the estimates were based on the existing pavement and ROW. The breakdown distributed showed approximately $5 million for streets, $2 million for drainage for the bonds, and another $2.6 million for drainage from funding from the Urban Drainage Grant Program. MINUTES - December 19, 1974 - Continued -3- Alderman Merkl stated he had rememberd at the earlier discussion on this the the street improvements would be related to those only affected by drainage projects, and that perhaps some money would be earmarked for acquisition of property along Lena Gulch, and that, there were other drainage projects such as the Sloans Lake Drainage Basin etc. Alderman Turner did not recall it being discussed, but agreed with Alderman Merkl. Alderman Hulsev stated that mostly drainage was to be included and that it was the number one priority. He stated that the width of the streets should be set by Ordinance and suggested that if there Wffi 60' ROW thmthe street could be 44' to 48' feet wide on major streets, and that. the streets do no necessarily have to be paved to the edge of t,he ROW. Alderman Cavarra agreed that design standards should be set with separated walkways, and stated that, she would like Council to reconsider putting in some recreational facilities in the bond election, and that at the Comprehensive Plan Public Hearings this was repeatedly requested. Gary Lewman of 4355 Pierson stated the Subdivision Regulations give the width of residential streets as 50' and for collector streets as 60'. Mayor Roesener stated the actual problem is the width of the street or pavement. Mr. Jerman suggested that the staff be instructed to revise the list for drainage projects. Mayor Roesener agreed. Alderman Cavarra asked if a definite date was set for March 25th Election because it was Spring Vacation. Motion by Alderman Merkl "I move that we table this (designation of items for bond issue election) until the staff puts it back on the Agenda at the earliest possible date with all the material requested. II Motion was seconded by Alderman Howard and passed 5-0. Alderman Turner asked if this was going to be a sales tax alone qje~tion or would it be tied in with the bond question etc. Alderman Hulsev stated it would be 2 questions and if the sales tax passes it would be a pay as you go policy, and if both passed thsna bond would be paid off. Alderman Cavarra questioned if only the sales tax passed could that revenue only be used for certain projects. City Attorney McCarthy stated it was illegal to earmark funds, and Mr. Jerman stated the intent could be stated. Motion be set Motion Howard by Alderman Cavarra "I move(t~at th~ date of April 1, 1975 for the sales tax bond qUestidR~'8~1~H~ City of Wheat Ridge." was seconded by Alderman Donaldson and passed 4-2. Aldermen and Turner voted "nay." DeciSion on the ret.irement plan for city employees as prepared by Galbraith & Green, Consultant,s was scheduled. Mr. Jerman stated the consulting firm ~ad recommended Mutual Benefit Insurance Co. and a money purchase plan. He sta~ that existing employees would be given a certain am~unt of time to join and if they did not during that period, they could not join at a future date. Alderman Hulsey stated that normally plans have an anniversary date which allows anyone to join at that time. Motion by Alderman Merkl "I move that the City of Wheat Ridge adopt the retirement plan recommended by Galbraith & Green Inc., Pension Plan Consultants, for all city employees except those covered by the Police Pension Plan, and that the funding media be Mutual Benefit Insurance Co., that the plan be a money purchase plan with contribution rate of 4% City and 4% employee, that the minimum age for participation be 21 years with 1 year of City Service, and that the plan be mandatory MINUTES - December 19, 1974 - Continued -4- for all new employees of the City and that all present employees be given a reasonable period of time tn join, and that the plan be effective on and after January 1, 1975." Motion was seconded by Alderman Turner and passed 6-0. Resolution No. 359 requesting technical assistance from the State of Colorado to identify and designate matte~ of state interest pursuant to HB 1041 was introduced by Alderman Turner and read. Motion by Alderman Turner "t "I shall introduce the Resolution (No. 359), ask the Clerk to rea~Aand move that it be passed." Motion was seconded by Alderman Merkl and passed 6-0. Resolution No. 360 was introduced by Alderman Donaldson and was read. Said Resolution was a year end appropriation adjustment for various department accounts. Motion by Alderman Donaldson "I move that Resolution No. 360 be approved." Motion was seconded by Alderman Hulsey and passed 6-0. Motion by Alderman Turner "I would like to introduce ask the Clerk to read it, and Move for its approval." seconded by Alderman Donaldson. (See below Resolution this Resolution, Motion was No. 361). Resolution No. 361 authorizing a half day off on Christmas Eve and and half day off on New Years for 1974 only starting at noon was read. Motion to Amend by Alderman Turner "I move that in the fourth paragraph, the last sentence be changed to read 'The Police Chief is hereby auth- orized to schedule equivalent time off to members of the Police Department.I" Motion was seconded by Alderman Merkl and passed 6-0. Motion to Amend by Alderman Howard "I move that the third WHEREAS (reading as follows-WHEREAS, the Council desires to add additional holiday time in 1974 to the eight holidays already observed by the city) be deleted in its entirety." Motion was seconded by Alderman Merkl and WAS DEFEATED 4-2. Aldermen Donladson, Hulsey, Merkl and Cavarra voted "nay." Question was called on Motion to adopte Resolution No. 361 and passed 5-1. Alderman Howard voted "nay." Motion by Alderman Merkl "I move that the Class J1 3.2% package beer license for Hillcrest Country Market Co. dba Hillcrest Country Market at 7685 West 44 Avenue be renewed." Motion was seconded by Alderman Turner and passed 5-0. Ordinance No. 165 amending Ordinance No. 157 which amended Ordinance No. 138 to establish new position classifications as provided in the 1975 adopted budget and establishing salary ranges threfor, designating exempt classifications, providing overtime payment for certain Police Commissioned personnel, and clarifying reclassification actions and to establish full-time classifications, pay grades and pay steps was introduced by Alderman Donaldson and was read. Mr. Jerman stated what qualified exempt classes from overtime was professional, supervisory or administrative work. He stated two borderline cases were Grade 18 Chief Court Clerk and Executive Secretary. He stated also that Parks Director Ward Horton felt the City Arborist should be exempt. Alderman Hulsev stated tht at the NaUonal League of Cities Conference he had heard that there were no guidelines as yet and that the City could put in anyrhing and rhe Fair Labors Dept. would decide if proper. He also suggested a separate payroll for exempt-management personnel. MINUTES - December 19, 1974 - Continued -5- Mr. Bartholomew, . 500/ supervlsory, /0 vising. Personnel Director stated that in general to be classed of the person's time needs to be spent actually super- Alderman Howard and Turner both fat the exemption on the Court Clerk should be removed because that position has consistent overtime. Ward Horton, Parks Director stated he felt the City Arborist exemption should be removed because it is an extraordinary position at the present time being only a 2 man operation and the Arborist spends about 60% of his time in actual labor, and that overtime is not necessarily common for this position. Alderman Howard commented that Budget and Purchasing Officer was under Section 2. Directors and Special Staff, and questioned when this had been changed from Section 1. Pay Grades for Merit and Civil Service. He stated he disagreed with this change and felt if a new position was created it should have been advertized and a~plied far. Motion by Alderman Cavarra "I move that under Section 2. 'CG-36) Budget and Purchasing Officer $958-1168' be removed and be placed on Page 2. under 'Grade 36' and that 'CE)' standing for overtime exemption be placed after the title, and also on Page. 2 'Grade 26 City Arborist' have the 'CE)' removed. I further move that at such time an additional City Service worker is hired under the Arbarist Division, that the City Arborist be returned to the 'CE)' classification. CSaid amendments pertain to Ordinance No. 165)." Motion was seconded by Alderman Howard Cand Hulsey) and passed 6-0. Motion by Alderman Turner "I move that Ordinance No. by removing the exempt status of the Chief Court Clerk Motion was seconded by Alderman Howard and passed 5-1. Cavarra voted "nay." 165 be amended CGrade 18)." Alderman Motion by Alderman Hulsey "I move that the Executive 18 have the exemption status stricken from the title." seconded by Alderman Merkl and passed 6-0. Secretary, Grade Motion was Alderman Cavarra noted that it was 11 00 p.m. and that the items remaining should be reviewed for their importance and only the necessary ones be considered, and she recommended that the Penal Code discussion be deferred. Alderman Turner stated in Section 4 of Ordinance No. 165 that it says all police personnel receive overtime, and she questioned if it shouldn't state all personnel who are not exempt receive overtime. Mr. Bartholonew stated the Fair Labors Standard Act stated all employees receive overtime so it is not necessary, but there was an option for the policemen to gradually receive overtime, or receive it all beginning in 1975 and this had to be determined. Alderman Turner also noted that the title of Personnel Director had been changed. Mr. Jerman stated it was more consistent with the duties of the job. Motion by Alderman Howard "I move that in Section 2. under Director and Special Staff Pay that 'CG-39) Chief Building Inspector $1032-$1257' be mov~over to Section 1. in Grade 39 with an exempt status." Motion was seconded by Alderman Cavarra and passed 5-1. Alderman Turner voted "nay." Alderman Howard questioned why Special Prosecutor was under Section 5. and Mr. Jerman said before it was in the Budget as though it was a position, and it is proparly placed under contractural services. Motion by Alderman Howard "1 move that Ordinance No. 165 be adopted as amended (on first reading and that it be ordered published and posted.)" Motion was seconded by Alderman Donaldson and passed 6-0. MINUTES - December 19, 1974 - Continued -5- Motion by Alderman Cavarra "I move that we dispense with the Ruleb of Procedure and continue with the meeting, but only consider those items of absolute importance." Motion was seconded by Alderman Donaldson and passed 5-0. Mayor Roesener stated that the Penal Code discussion must be number one on the Agenda. City Attorney McCarthy stated he would be on vacation next week, so it was determined that the Penal Code be on t.he January 2, 1975 Agenda. Mr. Jerman gave ~he following items which could be deferred 3.B. Ordinance amending Ordinance No. 46 providing for a ninth floating holiday in 1975 and thereafter. 4.B.1. Status of Budget. Report for November 1974. 4.B.3. Report. of Chief of Police regarding crime trends in unlighted areas. 4.B.5. Proposal for consent Agenda. 4.C.1. Penal Code discussion. 7.A. Letter from Parks and Recreation Commission. 8.A. Letter from U.S. Conference of Mayors. Mayor Roesener stated that Council had had several executive meetings in regards to the salary survey for 1975, and at an executive session of the City Council it was decided that the "salary survey not be adopted which in fact means that there will be no pay raises authorized for 1975. Merit increases will be allowed upon recommendation of the Department Heads after consultation with the City Administrator." Authorization to purchase 3 1975 Chevrolet truc~with specified equipment under the State of Colorado bid at a total cost of $34,684.98 to be charged to 1975 Revenue Sh~ing Fund Account No. 731 was scheduled. Alderman Merkl asked how badly these trucks are needed, with the prospect of a decrease in revenue next year. Mr. Jerman stated that possiblv the present ones "could get by" but that there is high maintenance. Alderman Merkl recommended that there be a general policy of clamping down on all purchases until the first budget review next year, except in case of emergency. Motion by Alderman Cavarra "I move that purchases of all equipment with the exception of the street sweeper be deferred until the first quarter budget review." Motion was seconded by Aldaman Merkl and passed 6-0. Alderman Merkl stated that in cases of absolute emergency purchase of equipment could be considered. Recom~endation of Parks and Recreation Commission that the City purchase additional land at W. 46 Avenue and Robb Street for a Historical Park at the Sod House site was brought up. Alderman Howard if the two lots would be used for parking lots. Mr. Jerman stated they could be, and it depends on on the final design. Alderman Hulsey stated he felt the cost was too high. Alderman Merkl felt the neighbors would complain if it was paved and recommended to at least drop Lot 19. Ward Horton,Parks Director stated that Lot 19 is the vacant one and it is not the intention to make it a parking lot, but that it is needed to preserve the historical integrity of the site, and if a new modern structure was built on this land it could detract. There is to be some off street parking. He stated the Parks and Recreation Commission felt that acquisition of Lot 19 was crucial. Aldermen Cavarr8 and Howard both felt the price was high for the amount of land. Mr. Horton stated that acquisition through Open Space requires a fair appraisal process. MINUTES - December 19, 1974 - Continued -7- Alderman turner asked if this had been referred to the Historical Committee, and stated that among many people the idea of moving Johnson Cabin to this site was not popular. City Attorney McCarthy stated he beileved that the agreement with the original owners had been to leave the cabin there. Motion by Alderman Cavarra "I move that we table taking action Dii"this proposal (acquiring land next to the Sod House) indefinitely." Motion was seconded by Alderman Howard and passed 5-0. Request to charge purchase of animal control van to Account No. 425.41 out of the 1975 Budget, and rescind the Motion made December 12, 1974 authorizing purchase from the 1974 Budget, was scheduled. Mr. Jerman stated that the 1974 account 421.94 was deficient is adequate funds for the purchase, and recommended returning these monies for the 1974 carryover and buy the van authorized in 1975, with the result of buying a total of 1 vans instead of two. Alderman Howard recommended deleting items on the van to bring the price down. Alderman Hulsey stated an appropriation resolution had just been passed tonight and this correction should have been included in 1974, and that it was a clerical error. Alderman Hulsey stated the equipment is needed and it should be purchase out of the 1974 budget, and Alderman Merkl stated an adjustment could be made to make up the $500 difference. Motion by Alderman Cavarra "I move that we defer action until next week on this item." Motion was seconded by Alderman Merkl and passed 5-0. Request from Public Works Department to remodel the Public Works Buildinq at 11220 West 45 Avenue to be charged to Account 431.85 was schedJled. Mayor Roesener stated he had rev~we~he office space etc. of this City and was in full accord with this request and stated that there is very inadequate heating of the building presently. Alderman Merkl questioned the cost of various items such as carpeting, paint for the floors and plywood. Alderman Howard asked how much addiuanal space was created and it was stated there was none. Mr. Taylor stated the door was going to be removed and that it had been ripped off by the wind several times. Alderman Howard strongly objected to moving 9 walls and buying drywall etc. with the end result being the same number of rooms. Motion by Alderman Merkl "I move that the remodeling plans of the Public Works Building be approved (to be charged to Account 431.85-SEE MOTION BELOW)." Motion was seconded by Alderman Turner and passed 4-2. Aldermen Donaldson and Howard voted "nay." Request for approval to urchase 500 tons of a re ate from Mobile Premix of Wheat Ridge at a price of 3.15 per ton was scheduled. Motion by Alderman Merkl "I move that the City Administrator be authorized to purchase 500 tons of aggregate from Mobile Premix of Wheat Ridge at a price of $3.15 per ton to be charged from Account no. 431.42. I would also like to add on my previous Motion for the remodeling of the Public Works Building, that that be charged to Account 431.85." Motion was seconded by Alderman Cavarra and passed 5-0. Mr. Jerman announced there would be a ribbon cutting for the bridge on West 44 Avenue at 12 noon on December 20, 1974. Alderman Turner stated she would like to bring up reconsideration of the purchase of the calculator which was priced approximately 10 times higher than calculators used by other cities she had contacted. She stated she had talked with the Engineering Departments of 5 other cities and they had told her they had no need for a programmable calculator. She asked what was the sophistication level of this machine. Mr. Taylor stated he did not have those specifications with him and asked if this could be scheduled next week. ' MINUTES - December 19, 1974 - Continued -8- Alderman Howard asked if the machine had been delivered and Mr. Taylor stated that it had been delivered. Alderman Cavarra stated she had some items to bring up. Motion by Alderman Howard "I move we adjourn." Motion was seconded by Alderman Hulsey and passed 4-2. Aldermen Turner and Cavarra voted "nay." Meeting was adjourned at 12 15 a.m. There was an Executive Session held after the Regular Meeting on property acquisition matters. APPROVED J--<;/~J" " " y. 7 '-x I .:;).., ") ,--/