Loading...
HomeMy WebLinkAbout10/13/1975 MINU!ES Ociober 13,1975 The three hundred and first regular meeting of the Wheat Ridge City Council was called to order by Mayor Homer Roesener at 7 3D p. m. ar 4355 Field Street. Councilmen present were Mary Jo Cavarra, Joseph Donaldson, Rober1, Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Also present were Mayor Homer Roesener, City Administrator John Jerman, City Attorney Fox, City Clerk Elise Bro~gham, staff and interes~ed citizens. Motion by Councilman Merkl "I move that no action be taken on the Minutes this evening." Motion was seconded by Councilman Hulsey and passed 4-1. Councilman Turner voted "nay" and Councilman Cavarra was absent. The Co-Chairmen of the Centennial Bicentennial Commission - Mr. Ted Erickson and Clyde Gooden presented the centennial flag to the City. Mineral Extraction Plan was scheduled. Dennis Zwagerman of the Planning Department stated the plan is for general review and that he wanted more publicity before it was adopted. He summarized the plan by saying the area in question must meet certain requir8ments 5 acres or more in area, 100' distance or separation, site CBn be economically reclaimed, proper delineation in the Land!:38 Plar' He stated eventually this will be put in the form of an ordinance. In answer to a question, he stated the State Geologist determines the reclamation of the land. Recourse for the owner to the State Geologist's ruling was questioned and if HB 1529 did prescribe that the geologist must determine this question was brought up I oti.QII. by Councilman Cavarra 'he Master Plan for Extraction week until October 20, 1975." JOf aldson and passed 6-0. "I move we defer action on adop i-ion of of Sand and Gravel Resources for Motion was seconded by Councilman Ilezoning Case WZ-75-07 for AMT Development Company at 11901 West 44 AV8flue from Agricultural-One to F!anned Commercial Development was scheduled. The case had been continued from 5/29/75. Ueil.nis Zwaqerman stated the property had been reposted He stated 'he following analysis of gravel extraction feasibility 1. Slope and setback requirements Under provisions of Section 4, Ordinance 98, a 3D' setback is required for excavation. The proposed slope ratio of 2 1 at a depth of 10' for example, would reduce the mineable area to approximately 2.7 acres The size of all the undeveloped land is approximately 10 acres. Less setbacks and pr000sed slope, the acreage is approximately 5.7. 2. There are residential uses to the east. 3. Access Section 24, Ordinance 98 prohibits haulage on residential streets unless approved by the Planning Commission. Poffible access A. Direct from oarcel to W. 44 Ave. This would be 8 disaster due to existing tr~ffic, including truck traffic. a. An eBsement through the truck stop property to W. 44 Ave. This route would Blsr be a safetv hazard. C. An easement to Tabor St. and then to W. 44 Ave. Tabor St. is a residential street and would have to be paved and widened. D. An easement to Tabor St., then north to the service road to Kipling St. Ihis would cause pollution, noise and congBstinn. 4. The Plaf1rling Dept. agrees with the opinion of the Sate Geologist ~h t extraction is economically unfeasible, even though the applicant's T8 OTi was confined to ~he 5.2 acre parcel, rather than all the undeveloped 1. -I in !:he BEa. 5. Review of Land Use Considerations are A. lhe proposed u e, mini-warehouses is a Commercial-rwo use. B. The Union 76 rruck ~!Op is adjacenr to the west of the subject site. C. This use h~s been proposed as a buffer between the iruck stop and res~denlial uses. However, a residen'ial use is n:t buffered from a Commerclal-One use by 2 Commercial-Iwo use. MINUTES - Continued - 10/13/75 -2- D. The Land Use Plan recommends mid-density residential zoning for the area, however, Restricted-Commercial or Commercial-One uses such as services, offices or a motel would be suitable for the site E. There is ample vacant industrially zoned land in the City. The Industrial Zone is ~eal for the propose use. fl-' nn City Attornev rox stated rhat the total master of a city may prevenf the extraction of mineral deposits and HB 1529 does not intend to usurp the authority of cities to have a master plan and to develop the City accordingly. Councilman Turner objected to using the arguments that W. 44 Ave. is objectionable for hauling gravel when there is a gravel operation presently operating to the east. Dennis Zwaqerman stated the Site Plan met all ordinace requirements for an Outline Development Plan. The Planning Dept. recommends deni.l because the proposed development does not comply with the Lf"nd Lse Plan guidelines, and the mini-warehowE plan is a Commercial- Two use, which is too intensive for the area and could result in the spread of intensive commercial uses along W. 44 Ave. If the Planning Commission or City Council feel that a residential zone is not proper for the site, the lower intensive commercial zones (R-C-1 R-C, C-1) should be considered prior to a decision on the proposed plan. Councilman HulseV stated due to the truck stop he didn't feel there would be any more congestion than there already is if the zoning was passed and that it simply was not feasible to have residences next to the truck stop The question was asked if the truck stop was non-conforming. Mr. Zwagerman stated part of it was. rhe sale of diesel fuel was acceptable but. the accessory use of a brokerage or terminal was non-conforming. Dennis Zwagerman stated the Land Use Plan calls for the northern part of the area for Public Service but that he did not have an explanation of the idea behind this designation. Councilman Howard stated if gravel was not extracted on this land it could creat a "domino effect" of precluding extraction in other surrounding areas. Mr. Zwaqerman stated there are structures on parts of the surrounding land. Bob Truesdale spoke for AMT development. He stated it was his understanding that there were 3 items that were outstanding at the last hearing 1. The consideration of HB 1529 to which the applicant has retained the firm Amuedo & Ivey, geologists & engineers and the report has been presented. 2. There was a paragraph omission in the Planned Development for Commercial Plans in the zoning ordinance and Mr. Zwagerman has stated this has been taken care of. 3. Lack of 10% landscaping for the plan, and the plan is now revised with an excess of 10% landscaping. He stated all other criteria has been met. He stated they anticipate 30 cars a day. It was stated the drainage plan was not required at this time but some problems had been indicated previously, and Mr. Truesdale state d the applicants are confident that the drainage plan can meet all requirements. Mr. Zwagerman stated the concept of the plan is up for approval tonight. Many people in the audience raised their hands when the question was asked who was in favor of the rezoning, and a smaller number raised their hand~in favor when asked if they did not have a financial interest. No one appeared in oppOSition. Motion by Councilman Merkl "I move that the City Council approve MINUTES - 10/13/75 - Con~inued -3- rezoning of the property at 11901 West 44 Avenue from Agricultura~-One t,o Planned-Commercial-Developmen t." Motion was seconded bIJ COJncllman Hulsey. Councilman Cavarra stated that she would vote against this rezoning because it was too intense a use and that a lower commercial zoning class was proper for this area. Councilman Merkl stated that considering a buffer effect with reside~tial waffiuuRrealistic, and a mini warehouse concept even though a Ilttle too\~and use or density, overall it is a perfect use and creates very little traffic in an area alr8ady overburdened with traffic and cuts down the noise to the property to the west. Councilman Turner stated she felt this was too intense of a use and objected to having warehouses south of 1-70. Question was called on Motion to rezone and TIED 3-3. Councilmen Howard, Turner and Cavarra voted "nay." Mayor Roesener voted "aye" and MOTION PASSED 4-3. MOI)on by Councilman Merkl "I move for the approval of the Outline Development Plan for a Planned Commercial Deveopment at 11901 West 44 Avenue and that any recommendations, modifications and/or changes on the plan that are directed by the Department of Community Development Planning Department) be made on the final development plan prior to approval by Council." Motion was seconded by Councilman Hulsey. Motion to Amend by Councilman Cavarra "I move that if, within a period of 1 year ~hat no development occurs in compliance with the proposed plan, or t.he applicant is unable to show development. is eminent, then acceptance of the plan by this Council is deemed to be revoked." Motion was seconded by Councilman lurner. Councilman Cavarra explained that her reason for this Motion was rhat there appeared there might be some difficulty in regards to drainage. Councilman Hulsev stated that normally a time limitation is put on when the final plan is approved. Mr Zwagerman stated 6 months is allowed for submission of a final plan from adoption of a preliminary plan unless an extension is granted and that there is no time limit from an outline plan to a preliminary plan. Councilman Turner read a section of the law stating that failure to complete construction of a development by the termination of the time period allowed shall be cause for action by Council to be considered to change the rezoning to a more restrictive zoning. Question was called on Motion to Amend and was DEFEATED 4-2. Councilmen Hulsey, Merkl, Donaldson and Howard voted "nay." Question was called on Councilman Merkl's Motion to approve the Outline Development Plan and TIED 3-3. Councilmen Turner, Cavarra and Howard voted "nay." Mayor Roesener voted "aye" and Motion PASSED 4-3. Motion by Councilman Merkl "I move that Mrs on the Municipal League's Policy Committee." by Councilman Hulsey and pas8ed 6-0. Cavarra be appointed Motion was seconded Motion by Councilman Turner "I move that Charles W. Lerch of 9655 West 36 Avenue be the representative from Wheat Ridge on the DRCOG's Transportation Advisory Committee." Motion was seconded by Councilman Cavarra and passed 6-0. Approval of purchase of carpeting damaged by back-up from the sewer in the basement of the City'S building located at 10900 West 44 Avenue was scheduled. Mr Jerman stated the insurance company of the sanitation district had issued a check in the amount of $1715.92 which had been the low bid price in original bids for carpeting, and then the bids were rewritten with more specific requirements in them and the price was now $2250. He stated the check received was not the final payment. Council Howard objected to accepting a check for a bid and subsequently changing the bid. Mavor Roesener stated he had changed the bid since he had considerable knowledge in this field. Councilman furner questioned if the entire lower floor had been flooded so all the carpet needed to be replaced, and also if there was the possibility of it happening again which would make it. inadvisable to replace with carpet. MINUTES - 10/13/75 - Continued -4- Mr. Jerman stated there were portions of the carpet that were not damaged. Motion by Councilman Merkl "I move that the lowest and best bid be awarded to Sanders Carpets and Draperies, Inc. at 470 S. Colorado.Blvd.. Denver CO 80222 for pad, carpet and installation in Areas A & B lncludlng removai and replacement of all office equipment at a cost not ~o exceed $2250. for a total of $2250. to be charged to Accounts 418.35 ln the amount of $1770.84 and Account 419.35 in the amount of $479.16." Motion was seconded by Councilman Cavarra and passed 5-1. Councilman Turner voted "nay." The diagram showing Areas A and B are attached to the Minutes. Resolution No. 414 rescinding Resolution No. 408 and authorizing the Ci~y to participate in the land acquisition at Youngfield and West 29 Avenue for open space in conjunction with Lakewood and Jefferson County was introduced by Councilman Merkl and was read in full. Motion by Councilman Cavarra "I move that Resolu t:ion No. 414 be approved." Motion was seconded by Councilman Turner and passed 6-0. Resolution No. 415 authorizing condemnation, if necessary, for land in the area of W. 46 Ave. and Everett for park purposes was introduced by Councilman Hulsey and was read. City Attornev cox stated the County Open Space Committee is in the process of sending Wheat RiDge their Resolution authorizing payment of the condemnation cost. He stated it will not be the position of the City that the dsmages incurred by the owner for delays etc. will be paid to the owner. Motion by Councilman Donaldson No. 415." Motion was seconded Councilman Turner voted "nay." "I move for the adoption of Resolution by Councilman Hulsey and passed 5-1. Motion by Councilman Merkl "I mOle that items 3.A. (Ordinance amending Ordinance No. 108), 3.B. (Ordinance amending Ordinance 84) and 3.C. (Ordinance amending Ordinance 106) be postponed 1 week at the request of the City Attorney." Motion was seconded by Councilman Turner and passed 6-0. Ordinance No. 191 amending Ordinance No. 188 providing for the refund of senior citizens' property tax etc. was introduced by Councilman Merkl and was read in full. Motion by Councilman Merkl "I move for the adoption of Ordinance No. 191 on first reading and order it published." Motion was seconded by Councilman Donaldson and passed 6-0. Mr. Jerman reported on the costs and wording of the public information sales tax proposal. He stated there could be ads in the papers and/or flyers distributed. General consensus was for an ad in the Sentinel and Denver Post. It was noted that Rocky Mountain News was higher in price. The idea of flyers was rejected by Councilman Merkl. Councilman Turner stated she wanted the wording be strictly that it was informational, and objected to the words stating the City Cou~l is solidly behind the sales tax increase and if this wording was used she preferred that her name did not appear. Motion by Councilman Donaldson "I move that $600.00 be added to Account No. 410.56 City Council Management Contingency for the purpose of payment for public information costs regarding the sales tax proposal. This money is to be transferred from Account No. 410.55." Motion was seconded by Councilman IVIBrkl hotion to Amend by Councilman Merkl "I move that the following paragraph be added as paragraph 3 to the public information statement 'Since the City set lhe mill levy and adopted the sales ~ax, the City has never raised ~axes - either the sales tax or proper~y tax. The increasing preassures of infla+ion, higher costs of ~eration, and maintenance of vital services make it mandatory ~hat rhis incrsased revenue source be sough' at this time." Motion was seconded by Councilman Hulsey Bonnie Scoma of 2859 Gray suggested that 'his be prinLed for dis.ribu~ion MINUTES - 10/ ,3/75 - Continued -5- because many people do no~ ake the Sentinel. Arlene Fish from he League of Women Voters stated they would like to print up a pro-con sheet of information for the citizens but t"hat hey would need funding. She also sLated this would advertize the Candidates Night on October 28, 1975. Motion to Amend by Councilman Turner "I move Lha i,he amount anticipated ~eachoTfhese 5 subjects on the sheet be included and that the total amount from the sales tax be srat.ed on the sheel,." Motion was seconded by Councilman Cavarra. City. Attornev Fox stated t.his would be committing future Councils to budgeting of money and that this is s special fund, not a general fund and would be unfair advertizing. Councilman Turner stated when operat.ing budgets are approved the budget is for the next year and is committing that money and that the Capital Budget for 1976 has been approved by the Council with the figures in it and she would like the same figures on the ad sheet She stated the issue is what amounts of money the City is considering for the various projects. City Attornev Fox stated the problem is every budget has been changed and so the picture resented may not be true and the people would rely on it. Louncilman Cavarra stated she couldn't understand the reluctance to have the figures put in the ad. Question was called on Councilman Turner's Motion to Amend and was DEFEATED 4-2. Councilmen Howard, Hulsey, Merkl and Donaldson voted IInay." Question was called on Councilman Merkl's Motion to Amend and passed 4-2. Councilmen Turner and Cavarra vored "nay." Question was called on Councilman Donaldson's Motion and passed 4-2 as amended. Councilmen Turner and Cavarra voted "nay." The question was brought up whether this was appropriate to change appropriation adjustment by Motion and it was stated that this Motion would be incorporat.ed in the Resolution that was scheduled later in the Agenda on appropriation adjustments. Discussion commenced on Mrs. Fish's suggestion to have pro-con sheets on the ballot questions. Jefferson County Workshop had given a low price for printing. It was agreed by Council that lhe sheet could have a pro-con space on both the sales tax question and the appointment of the City Clerk question. Insertion of lhis into the Sentinel and candidates delivering it were suggested. After Council discussion, Council agreed that the wording at the bottom of the sheet should be changed to "A lot is at stake for Wheat Ridge. The City Council feels this information should be made availat:il.e to the voters of Wheat Ridge." Motion by Councilman Merkl "I move that Council take $90 from Account 410.55 and add $90 to Account 410.56 to prepare a pro-con sheet by the League of Women Voters, which would cover both ballot questions." ~otion was seconded by Councilman Donaldson and passed 6-0. A legal opinion was scheduled on the agenda from the City Attorney stating "the City is relieved of any obligation to advertise for bids relative to the hiring of professionals'! based on the Goldfarb vs. Virginia State Bar Supreme Court Decision. Mr Jerman stated rhis would include "attorneys, data processing experts, insurance people" and rhat the City has the right to hire someone that would do the best job for it and not necessarily the low bidder. City ALLornev Fox stated the Cit.y must be careful to determine if they are truly seeking a service of professionals or are they buying a commodi'y MINUfES - 10/13/75 - Continued -6- Motion by Councilman Turner "I move that even though the City is no~ required by law t.o received bids for professional services, Lhat the Council as a matter of policy be allowed to hear proposals of services from no less that 3 firms when considering any contract that exceeds $1,000 in any given year for professional services." Motion was seconded by Councilman Cavarra and was TIED 3-3. Councilmen Donaldson, Hulsey and Merkl voted "nay." Mayor Roesener voted "aye" and MOTION PASSED 4-3. Norm Gallaher stated that the COJncil should allow for compe itive bidding and would get more for their dollars. Resolution No. 416 was introduced by Councilman Donaldson and was read in full. The Resolution rescinded Resolutions 407 and 413 which had had some errors and the Resolution also included the appropriations previously passed by Council by Motion at this meeting. f"lotion by Councilman Donaldson "I move for the approval of Resolution Jo. 416." Motion was seconded by Councilman Hulsey and passed 6-0. Mr. Jerman reported that the City had made application to the Colorado State Highway Commission for the following Wheat Ridge projects pedestrian/bike pathways on W. 32 Avenue from Voungfield to Wadsworth and ~reliminary engineering and environmental impact report for W. 44 Ave. project from Wadsworth to Kipling. He stated this would be 90% funding and 10% matching from the City. It was questioned why w~sn't the walkway included to Sheridan and that the Council should be queried on other projects they want. Motion by Councilman Cavarra "I move we adjourn." seconded by Co~ncilman Howard and was DEFEATED 4-2 Hulsey, Merkl, Turner and Donaldson voted "nay." Motion was Councilmen Mr. Jerman explained he had applied for W. 32 Ave. walkway because the project had been previously approved by Council. Councilman Cavarra stated she hoped that the engineering plans would allow for a separated walkway for W. 44 Ave. Councilman Turner asked if thereare any plans from the Planning Department that it be brought to the attention of Council, and also what staff time has been spent on W. 44 Ave improvements to date Several Councilmen stated they could not attend the scheduled Study Session at 7 00 p.m. on 10/14/75 and requested the time be changed to 7 3D p.m. The Chair ruled the meeting would begin at 7 30 p.m. Councilman Merkl questioned whether Binder Construction was requesting from the City a design plan for the bridge that they caused to be collapsed at W. 35 Ave. and Jay in their letter to the City. Mr. Jerman stated the City has sent him a letter stating that the City is requiring him to submit a design plan to the City before he proceeds on the repair. Meeting was adjourned at 11 15 p.m. /- APPROVED -.z!).C} /,7') - -t; /) . I< N:!... - 1< /'1 MINUTES - 10/13/75 - Continued - Pa 8 7. A '32 : I . , J 1.912 A A A i . IS$!. i i I I I ! I I 33J.. , 1: s! A A N 1. 'l.!2- B T,Y t-r\./it =4-r-/o.'nY,E I.t~-r Or r Rot- '0 9 (if) \AI if if It!. ~ ~1L~liJc~p, ~t ?'?23? ~ I tI~ o pr ION A L BID Ir-M r 102. C I f J'-I~ -1 "'" MINUTES - 10/13/75 - Continued - Page 8. EH C o-i * * * * * =r:J m ""'=r ..... rn rn n OJ 0..c1- =ro.. =r...,. 0.. ..."rnUJ J:> n ..... 0 -...J H n "tJ n en :0 fTl OJ ill c1- 1-:1 nO'l 2 Cl :0 0 :s: z x :D "tJ :J ..... ..... en z ::0 Z :0 "tJ 0 0 oc1-n -i en =^ en r fTl :0 r "tJ o-:J U'<OJ :D -i -i r " z -< Ill~ Cll U r ::0 ." ::0 1"'1 ." 0 ::0 1-:1 n ..... r c:: :0 c:: ::0 1"'1 fTl 2 ..."c1- OJoc1- :0 n n n n 0 fTl 0 .....=r c1-:JOJ -i -i H -i "tJ -i fTl ::J rn ..... c1- I-' H H r H ::0 H "tJ 0 c::: OJ :J ..... Cl Cl H Cl 0 c::: r fTl :J n LO:JH Z Z -i Z OJ fTl :0 0 :0 n ..... L03 -< r 2 III cfo UCllU 0 0 0 fTl en [Jl r 0..'< C :J 1-:1 " " ." :s: -i -i -i J:> 1-:1 c1- 0 J:> 0 ::0 ""'=r U c::: "tJ -i 1"'1 :0 ::0 1"'1 r I-:l OJ o 0 rn fTl E en ::0 -i CD 1"'1 I~ Cl o m m:J3 0 Cl en fTl ::0 -i :s: n w -i 3 rn rn fTl fTl :0 -i H :0 J:> Cl OJ m c1-:J en z z en 0 z H ::0 r en H ""'1-' ~ =r c1- -i fTl -i c;J :s: -< c::: fTl en C 1-:1 rn m ::0 E H -i I "tJ H "tJ c+rn m H :D I 1"'1 n ::0 I~ w Z I :0 C ill C OJ CD :D -i r ::0 r H Cl 0 -i 1-:1 0.. no..C Z 1"'1 0 "tJ -i c::: 0 :;: rn,< =ro..o.. " 2 ::0 c:: -< fTl n . . [Jl .....LO CD Z 1"'1 C1 n :s: J:> -i 1-:1 0.. OJ c1-rn H H en I 0 en 1"'1 c::: I 0 :0 rn rn CD ..... c1- =^ en -i 0 ::0 -i Z J:> c:: 0 =^ < < 0 fTl ::0 c:: ::0 ::0 -i ::0 r Z fTl rn rn m :J ill n 0 -i 1"'1 fTl en en ::0 en :0 :J I-' OJ OJ 0.. "tJ Cl 0 n fTl J:> fTl r "TJ C 0 1-'1-'0 :D c:: :s: -i -i -i -i :0 -< 0 0 rnu OJ U -i ::0 en I en I H H en ::0 m rn 1-:1 m c1- I -i 1"'1 0 ::0 Z r E 0 0.. .....ill rn en en :0 ::0 -i 0 -i -i :D E Z E ..." rnl-'o.. -i n J:> 0 c:: 0 fTl ::0 J:> ~ I 1-:1 OJ m rn :0 H H c;J 0 ::0 1"'1 0 m 0- en ::0 "tJ -i Z :D I c::: en 0 E :0 3 c1- '< 1"'1 ::0 -< :0 0 Z H H :0 -i rn m c1- E "tJ 0 c;J en c:: fTl H H ::0 c1-:J C OJ c1- H :D en -i fTl -i -i fTl en H H 0 ::0 =r c1- u x=r 0 H "tJ 0 :0 :s: I~ H .....ill U rn fTl ::0 fTl "tJ Z -i fTl H I 0 m c1- I-'I-:l r n ::0 ::0 0 I CD 0 c;J ..... ..... rn n -< 0 -i fTl Cl :0 1"'1 0 -< :;: fTJ m c::: rn c::: ..... ." 0 OJ ::0 fTl 1"'1 . o rn mrnc1- ::0 "tJ c:: r 0 n en 0 I ::0 C :J< fTl OJ :0 n fTl H ::0 I-:IU C .0 :0 ::0 1"'1 :s: 0 -i c:: l r is n I-' 0 rn n c 0 =^ en fTl -< "tJ rn OJ 1-:1 . 0 fTl r " en I n ::0 c:: ::J C en -< -i r 0 H I II+- ::0 ::0 ::0 c1- 1-:1 :J -i Cl 0 Z ::0 I :D Cl o ..." rn zn 1"'1 0 Cl fTl I 0 1"'1 ("J 0 LO 0..... 0 fTl en 0 r 0 I "tJ n en H ...,,1-:1 C 21-' -i 1"'1 H 1"'1 I E "tJ fTl -i C I-'fTl CD fTl ::0 Z Z CD I H H 2 -< I-:l OJ ill 0 -< ::0 c::: c;J :0 -< I H Cl 1"'1 c1-0. 1-:1 0 :J H fTl Z -i -i ::0 n =ro.. ..." n Cl I C1 -i 1"'1 r en 0 ro ..... 3 en H ::0 -i :0 c:: I :D :0 -< c:: 1-:1 c1- ill c1- rn -i :0 I N r 1"'1 ::0 r :0 :s: z ..... ..... =ru H -i 1"'1 :0 n r r J:> n .....0 :Jrnc1- N 1"'1 ::0 I n -< r -< H 3 :J c1-mrn fTl 0 -i 0 ~ 0 Cl r u OJ rn rn 3 z I en :s: -i :s: r ::0 r ::0 1-:1 I-' :J 0- en n Cl I :s: E H 0 Cl :0 en 0 ill ..." rn 0 c:: E :D c:: H 1"'1 I: c:: CD E 0 < n :J C 1-:1 -i c:: [Jl I ::0 Z n :s: H fTl ::0 r Cll OJ n :J Cl ::0 :D H r H fTl :0 (f'] ::0 1"'1 H U rno..N -i z n :0 -i "tJ 1"'1 -i 2 0 c1- ..... m UJ H en 0 I Z -< -i Z n r =rc1- rn :s: en I ::0 " c;J 1"'1 -< rn OJ XLO "tJ :D -i en 1"'1 E . I-' urn...,. ::0 -l Cl I -i 0 C1 en n Ill:JUJ 0 " ::0 ::0 :s: I -i I . c:: ..... :J :Jrn-J c::: "tJ 1"'1 fTl H c::: 5j Cl "tJ c1-rn m 1-:1 1I1 fTl :0 n :0 1"'1 r fTl E :s: "tJ ,<rn rn ill . Z H -i -i fTl 1"'1 Z :0 fTl 0 . 0.. [J] c1- en 0 -i 1"'1 :0 :0 1"'1 ::0 ::0 ::0 m rnu :0 ::0 H 2 :0 c;J :s: ::0 0 =^ -i 0..1-:1 " :0 N ::0 fTl -i r en ..." ..... 0 1"'1 :s: 1"'1 r 1"'1 1"'1 0 :Jo-< -i :D Z H :0 ::0 E E -i 1-:1 '< ..... ,< en " ~ fTl Z J:> :0 E I ...,. 0.. "tJ 1"'1 en ::0 ::0 ::0 :0 H c1- UJc1-rn ." :0 E E c:: -i 0 0 ::0 en =r -J=rm 0 ::0 I :0 1"'1 ::0 H 0 rn O'Irn ::0 =^ Cl Z en " en H H "tJ . ..." 0 -i :D 0 H H H ::0 :J :00 n E n H 0 III 01-:1 I ..... "tJ .j:' fTl c;J "tJ X 81:D H r ::0 co 0 0 c1- r r Cl c1- fTl en -ir 0 "tJ =r -i :0 ..." Hr ::0 c:: 1"'1 I r 0 Cl 1"'1 en ::0 :0 H C 20 Z 1"'1 -i c::: [Jl c::: I-:l :D..." -< 1"'1 r :0 -i 2 -< Cl '< c1- Z I c:: 1"'1 rn en=r 0 H 1"'1 :0 -i OJ :orn en ::0 I-:l r :0 I 1"'1 CD fTlOJ 0 2 :D I en 0- c:: ~ 2 I ::0 c1- 0 r 0 I =r -i< -i r I en I-:l :0 III en -< :s: I 0 X :0 :0 C c::: 0 2 I~ to E ..... 1"'1 -< c;J =r ..... c1- en ::0 I-'OJ H Cl 1"'1 ...,. I-' I-' C1 -i :0 UJ 2 I -i CO O-::J 1"'1 1"'1 r Cl III m 0 ::0 -< Cll 0.. CD AGENDA ITEM rA:J- MINUTES - 10/13/75 - Page 9. C I': ' ' M E M 0 RAN DUM \75 OCT n ,~ ~... r t 1(- n -, 1'- OCT 1 S 19l5 ,! In' -J'" j.\; .... STUDY SESSION ITEM DATE TO October 1, 1975 : ~. , ~, ~ I , 1,1....il\J...\..forz John Jerman FROM SUBJECT Dana Strout, Assistant City Attorney HIRING OF PROFESSIONAL ENGINEERS, CONSULTANTS, ETC Regarding your memo of 9/5/75 as to whether or not the Goldfarb vs Virginia State Bar, Supreme Court Decision will affect the city's method of hiring professional engineers, consultants, etc , Section 31-15-712 of H B 1089 seems to address itself to the problem That section states, relative to public improvements by contract "The city is not required to advertise for an receive bids for such technical, professional or incidental assistance as it may deem wise to employ in guarding the interest of the city against the neglect of contractors in the per- formance of such work " Based upon this language, I feel that the city is relieved of any obligation to advertise for bids relative to the hiring of professionals However, if the city wanted to advertise for bids, the Goldfarb decision would probably allow it But, Section 31-15-712 absolves the city from having to do so fill'