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HomeMy WebLinkAbout02/13/1978 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO February 13, 1978 The Three Hundred Ninety-seventh Regular Meeting of the Wheat Ridge City Council was called to order by Mayor Oliver \I Phillips at 7 30 pm, February 13, 1978, 4355 Field Street Council persons present were Mary Jo Cavarra, Joseph M Donaldson, Anthony N Fiasco, Gary L Lewman, Ray C Pepe, and Louise F Turner Also present were City Clerk Carol F Hampf, City Treasurer James 0 Malone, City Administrator John A Jerman, City Attorney Edmund G Lambert, Deputy City Clerk Phyllis J Kramer, Department Heads Richard H Bredt, Clyde E Hobbs, Chief Ed Pinson, Dave Shelley, staff, interested citizens Approva 1 of Mi nutes of ~1eet i n~of Janua.Q'~Jebru~ 2, and Februa.Q'. 6, 1978 Motion by Councilperson Donaldson "I move for the adoption of the minutes of the meetings of January 30, February 2, and February 6" Council person Lewman requested correction of Item 8 (b), page 3, of minutes of January 30th, in that the motion was for time of 9 00 p m instead of 8 00 p m (Minutes so corrected) Motion seconded, adopted 5 to 1 with abstention by Council person Cavarra (Coun- cilperson Cavarra had arrived late and was not cognizant of the motion stated) Mayor Phillips brought forward items numbered 7 and 8 to be considered prior to Public Comment Item 7 Resolution expressing ~pJl.2sitjon of the City_ of \~hea.!...Bj.<:!.::'~ to.!.Q~..s:19i- ing of Fruitdale Elementary School in Wheat Ridge Motion and introduction by Councilperson Donaldson "I move for the d1option of Resolution No 560", seconded by Councilperson Fiasco, carried 6-0 (The Resolution was read in its entirety by the City Clerk) Motion by Councilperson Turner "I move that the Resolution No 560 urging the R~1 School District Board of Education to retain Fruitdale Elementary School for the stated reasons, be presented to the R-l Board at its February 13th meeting, 1978", seconded by Councilperson Lewman, carried 6-0 Item 8 Resolution of WR Area ~ Planning Com expressing opposition to the closing of Columbia Heights Elementary ~~po~,L Motion by Councilperson Donaldson "I move that the following statement be de- livered to the R-l District Board of Education The Wheat Ridge City Council endorses and supports the attached Resolution of the Wheat Ridge Area 4 Planning Committee entitled 'Emergency Resolution Regarding Columbia Heights Elementary School' dated February lQ78, and the letter of the Columbia Gardens Association, January 16, 1978 The Council reaffirms its stand of September 27, 1976, which opposed the closing of the Columbia Heights School in Resolution No 474 It urges the Board, as recommended by the Area 4 Comr.li ttee, obtain and ana lyzl" the figures relative to reopening of the School as a full functioning K-6 Ele~er!tary School", seconded by Councilperson Turner, carried 6-0 Councilperson Turner stated the Public Hearing for comments re Columbia Heights Elementary School will be held Thursday evening (February 16, 1978), and hoped that a represen- tative of the City would present the City's comments at that time (A short recess was ca 11 ed for the s i gni ng of the appropri a te documents by the Counc i 1 members re items adopted under 7 and 8 above stated ) (Mayor Phillips reconvened the Council meeting and called for Public Comment) Public Comment ---- Duane Storm, 4240 Iris St , distributed copies of a letter directed to the Parks and Recreation Director (Later in the meeting, Councilperson Fiasco read the contents of the letter into the record, wherein the Soccer Coaches recommended that the City consider acquisition of additional soccer fields) Brian Shea, 9980 W 59th PI , presented an outline of the program Operation Chore He explained Operation Chore is a funded program, jointly sponsored by the Retired Senior Volunteer Program (RSVP) and the Jeff Co Action Center (JAC) The design and purpose of the program is to provide minor home repair and removal of architectural problems for senior citizens, fixed income, low- incomp anrl thp h~nrlir~nno~ in lc~~c~~nn rn ~+ +~ __~. ___ L_ L_ __ ~ r City Council Minutes February 13, 1978 Page -2- program in Wheat Ridge Funding is by a grant through CETA, five CETA youth, ages 16-19, to be supervised by pool of retired Senior Citizens This service to provide training of the youth and assistance of Senior Citizens The City Attorney was directed to draft an appropriate ordinance concerning this for consideration during the Council meeting of ~larch 13, for the purposes of waiving appropriate Building Permit fees Item _L_. 0 rd i0,iltl.c.:~~Cl._ E s t_~bli 2.b...th!=~a 1 a r 1'.,_0 f _ t h ~ C.it,LT_r:.~il~u.l'"e r f10ti90 and Introduction by Councilperson Donaldson "I move for the adoption of Ordinance No 256 on first reading and order it published and posted", sec- onded by Counci 1 person Fl asco r>1oti on by Counci 1 person Turner "The sa 1 ari es of the Clerk and Treasurer have always been within 80'~ and would move to amend this ordinance to put the City Treasurer at 80%, or $9600, or $800 per month, and would move that amendment to this Ordinance", seconded by Council- person Lewman Concern was expressed by Councilpersons to the effect this in- volved a 20% increase, that an increase would not be appropriate at this time, and that this was a part-time position Motion to amend was defeated by vote of 2-4, with Councilpersons Pepe, Cavarra~-OOnillCfSoln;-and Fiasco voting nay ~~oti on ~!rjed by -"ote_.2.i.Ji-=-Q l!e~--.JJ.!:dinance to Establish the jalary of !~Ci!Y Clerk f10t i on and i ntr.9duct i on by Counc i 1 person Dona 1 dson "I move for the adopt ion of Ordinance No 257 on first reading and order it publiShed and posted", seconded by Councilperson Lewman, carried by 6-0 Item 3 Ordirlance No 255 Am~nding Appendix B--relating to the Flood Plain Introduced by Councilperson Cavarra, title read by City Clerk, motion by Coun- cilperson Cavarra "I move for adoption of Ordinance No 255 on second read- ing and order publication", seconded by Councilperson Donaldson, carried 6-0 l.!..en...!._.J:ransfer of OwnershiJl_for~Jime ~~.il.!'~..1_~u.Q!~~ Motion by Councilperson Donaldson "I move for the approval of the transfer of ownership for Class D Retail Liquor Store license for Time Square Liquors located at 4216 Wadsworth Blvd, from Frank LaBate, Jr , and Larry Follett, a partnership, to Frank LaBate, Jr , sole proprietor", seconded by Council- person Fiasco, carried by 6-0 (Item S deferred until 8 30 P m Item 6 Resolution re Continuance of th~itY-CJ~..il.mb~J:._<2!_j:om_m..~r:c!= CO'!l.mittee f>1ayor Phi 11 ips made appoi ntments of two persons to the Commi ttee, e g , Counci 1- person Donaldson as the Council representative, and Mrs Genie Merkle (3891 Estes St ), as the citizen representative Jim Reser, 4450 Holland St , Chamber Manager, presented the Resolution and comments of~h~ Chamber membership endors- ing continuation of the Cm~mittee, and requested a staff member, preferably the Director of Community Development, to act as liaison for communications purposes City Administrator said there was no problem for the Community Development De- partment person to attend meetings as a non-voting member Introduced by Coun- cilperson Donaldson, numbered 561, and title read by City Clerk~otlon by Councilperson Donaldson "I move for the adoption of Resolution No561", seconded by Councilperson Cavarra Motion to amend by Councilperson Cavarra "I move that the portion re functions' and duflesbe amended to include 'liaison to the business community' after the words 'Comprehensive Plan' and before 'joint efforts', to delete the word 'overall I after 'conceptual ideas for the City's' and before 'development and', and delete 'review proposals to the City Council concerning land use, the accomplishment of the adopted Parks and Open Space Plan of the City in the manner which will be acceptable to the ent ire community"', seconded by Counci 1 person Pepe adopted 6-0 _f10t ion _!.2. amend by Councilperson Turner "I move that an additirn be made to the duties and functions of 'Be it Further Resolved that the +unLtions and duties of the Committee shall be directed toward the upgrading of the Commercial and Indus- trial Districts with special attention to improvement of appecrance, reduction of vacancies, improvement of air quality and economic stability", seconded by Council person Donaldson, adopted 6-0 City Clerk \~as given direction to incor- porate both amendments into the "functions and duties" paragraph in the final draft of the Resolution Motion to adopt amended Resolution carried 6-0 (The City Attorney ruled that this Resolution would supersede the previous Resolution) City Council Minutes February 13, 1978 Page -3- Item 9 Re~-".!.-.lQ.JJ.urc~~s.e_ one bobta i,]. dump truck Motion by Councilperson Donaldson "I move that the City be authorized to use the Colorado State Bid for purchase of the dump truck for Public Works Dept at a cost not to exceed $17,000, Account No 19-503-808", seconded by Council- person Lewman City Administrator reported this State Bid would include a trade-in of $2516 70, Mr Hobbs would like to have the option of securing competititve bids on the old truck, net cost to the City would not exceed $17,000, but could be less Motion carried 6-0 Item 10 Acc~ptance of Deed from r~.aLJo.LE3.~cJ<. Mr Hobbs advised the Council that while the deed was prepared in 1974 it was not recorded until 1977 when right-of-way research for the 1977 street program was required Some discrepancy is involved in the deed, but it had been neces- sary to have some formal title passage City Attorney recommended that in the future a Title Insurance Company be directed to research titles, prepare deed, and handle closings, that the City Attorney and the Director of Public Works would determine when it would be feasible to have such handling accomplished Moti~ by Councilperson Lewman "I would move that we defer action on accepting this deed until the correcting measures are completed", seconded by Council- person Fiasco, carried 6-0 Item 5 City Hall Matters (a) Request by HDR for additional fees in amount ~f $3400 due to City Hall Des i gn Cha~~s. In response to questions of City Council members, Dee Burton, City Hall Project Coordinator, and Arba Stinnett, Project Architect, explained and described the various items that increased the scope of design work for the project These changes and additions were set forth in the letter of HDR under date of January 18, 1978, and numbered 1 through 12 Motion by Councilperson Cavarra "I would move that the City Council authorize additional expenditure of not to exceed $3,400 to HDR, with the understanding that this is contingent upon approval of change orders 9 through 12 as listed in the letter from HDR of January 18, 1978, and this also includes three proposed change orders relating to electrical changes, changes in the Clerk's office, and change of bullet proof glass in the records section", seconded by Councilperson Pepe, carried by vote of 5-1, with Council person Fiasco voting nay (b) Change Order No 2 Motion by Councilperson Lewman "I would move that approval of Change Order No 2 and the encumbrance of $6,226 14 from Account No 32-504-811 be accepted by the Council", seconded by Councilperson Cavarra The seventeen additions/ deletions were reviewed as to architectural recommendation, Council approval, and architectural omission/addition Motion carried by vote of 4-2, with Coun- cilpersons Turner and Fiasco voting nay (c) Emergency Cost Authorization-1.1 ~loti on by Counci 1 person Cavarra "I move that we approve and authori ze the expenditure of the sum of $1708 50 to be used for the following purposes bullet proof glass and dipped pass through for Police Dept Records Window, $1000, revised parapet walls, $383 50, and anchorage for window framing sys- tem of $325", seconded by Councilperson Pepe Discussion reviewed revised office arrangements for City Clerk, that estimates would be obtained for Council review Motion carried by vote of 4-2, with Councilpersons Donaldson and Fiasco voting nay Motion by Councilperson Lewman "I would move that Ms Burton be authorized to acquire construction cost estimates on two pay phones and provide for the processor to be added to the photo lab, and the private office for the City Clerk as originally presented to the City Council", seconded by Councilperson Cavarra, carried by vote of 4-2, with Councilpersons Turner and Donaldson voting nay (d) Reques_t by Associated Communicatio~Consultants, Inc , f()c_additi.O!l.il.I_.f,~,~s ir1. t~ ~_i1rnO U'l!...QL~ 81 U 0 r_,ild d i t iQ 'l~.J'I0 r L1l8._h 0 u.t:.s.) Doubt was expressed by Council as to need of consultant to supervise installation once system purchased per bid specifications Consensus of Council was that the proposal should be renegotiated as to actual hours spent, and to reduce the im- plementation to a final inspection only This will be pursued City Council Minutes February 13, 1978 Page -4- Two Announc~ments by Ci ty Ha llfroj ec_LCogrd i n~,tor (a) Meeting of the Telephone Committee, Thursday, 7 00 pm, at Community Devel- opment to review bids received, also to have an initial overview of taping system (b) A Furnishings Committee meeting will be held at 9 00 am, on Tuesday, February 21, in Community Development B~~uest by Councilperson Cavar~ \~ould like to make a suggestion that at the special Council meeting of the 25th, an hour be devoted by Council to review the Telephone System and Furnishings Bids Consensus of Council agreed that Ms Burton would coordinate this report/review with the City Administrator so that it may be a part of the Agenda of the February 25th meeting The matters would tentatively be scheduled for 8 30 a m to 10 a m LtemJ~___. Ren~wal.-2,L3 2'1, ~eerJ:.ic(Ons~_ior Southland ~orporation Motio~ by Councilperson Lewman "I would move to approve the Class J-l 3 2% Beer License for the Southland Corporation dba 7-Eleven Store located at 3795 Kipling St ", seconded by Councilperson Donaldson, motion carried by vote of 5-1, with Councilperson Flasco voting nay Item )3 Budget Jra,n.si~ge~()l u_!.i on The City Administrator reported the amount of $850 re Professional appraisal fees for the Police/Community Development Building is just an estimate at this time (Numbered 562 and title read by City Clerk) Motion by Councilperson Lewman "I move that Resolution No 562 be adopted", seconded by Councilperson Donaldson Motion defeated by vote of 3-3, Councilpersons Fiasco, Pepe, and Turner voting nay r1otion by Councilperson Cavarra "I would move that this Resolution be amended to delete those items referred to under Community Develop- Ment Planning & Zoning and Planning & Zoning", seconded by Councilperson Fiasco motion carried 4-2, Councilpersons Lewman and Turner voting nay Motion by Council person Cavarra "I would move for approval of Amended Resolution No 562", seconded by Councilperson Fiasco, motion carried 4-2, with Councilpersons Pepe and Turner voting nay Item 14 Authoriz_~io~!~_pay Public Officials Liability Police Insurance PC~~iu~ Motion by Councilperson Donaldson "I move to authorize the payment of the annual premium for Public Officials Liability Insurance to Galbraith & Green, Inc , 4800 Wadsworth Blvd, Wheat Ridge, of $3,554, for a policy period of March 1, 1978, to March 1, 1979, and charge to Account No 001-610-712-3", seconded by Councilperson Fiasco The City Attorney will review the policy for specific details of who is covered, if individuals are named, if covers suits filed personally Report due Februar:L1Z!b. Motion ciJ.rried 6-0 Item 15 Reso 1 ut i o.!:1_~~L.iJ.J2PIovi ng contractu a 1 agr~el1l~nt with _Co 1 Grado De- partment of H..iJlbwax.~..for Project. B\>!HHO W 32nd Ave , t>'~i.Uer _S!..._-Yles.L_~Total project estimated cost $100~QOO--City share $10,000 Motion by Councilperson Cavarra "I would move that Resolution No 557 be approved", seconded by Councilperson Fiasco Motion by Councilperson Turner "I would propose that we make the following amendment In the title, delete the word 'concrete', and in the first Whereas, beginning with 'construction', change it to read 'for the construction of an eight-foot (8') bike/pedestrian path on the north side of W 32nd Ave from Miller St west within the City of Wheat Ridge, the design of which will incorporate flexibility upon recom- mendation of representatives of the State Highway Department''', seconded by Councilperson Pepe, carried by vote of 4-2, with Councilpersons Donaldson and Fiasco voting nay Concern regarding drainage and continuation of the project in the same manner as accomplished in the first phase was expressed by Council Motion carri~~~~, with Councilpersons Donaldson and Fiasco voting nay MAYOR'S MATTERS ~~or Phi lli P.5 made_t.tl~.Jo.11.Ql'/i ng. .an.rlounc~lllent~ (1) The Mayor reviewed the possibility of a consultant to assist with develop- ing ways and means of improving format, structure of the Council meetings and procedures Discussions had been held with Roger Kahn, a research and training consultant, his charge is $50 per hour Consensus of Council was that such services would provide a valuable assistance to the Council if it did not turn out to be a selling program of other services ~1otion by Councilperson Cavarra "I would move that we authorize the City Administrator to secure the services City Council Minutes February 13, 1978 Page -5- of a person to assist with the Council with our Study Session on February 25th at a cost not to exceed $250, charge 50% to Council Contingency Fund and 50% to Mayor's Contingency Fund", seconded by Councilperson Turner, motion carried by vote of 5-1, with Councilperson Pepe voting nay (2) Mayor Phillips announced Camp Dresser & McKee and LandPlan will give pre- sentations re the swimming pool at a public meeting to be held on Wednesday, February 15, at 7 30 pm, with the Parks & Recreation Commission, in the Parks offices lunchroom facility (3) A revision of the Council Rules of Procedure re Executive Sessions was read by Mayor Phillips The City Attorney was directed to review the proposed revision for the February 27th Council meeting CITY ADMINISTRATOR'S MATTERS -~-------- I!~~ 16. Re~or! of opinion ~f value secured ~ropertie~PIo~~sed fo!_ac~- ~ 1!.~().J:1... 1 mmed 1 ate ],1'_ wes t ~of.. Cij:y l~i nten.9.J:1...~arc! Gracefulg_~, realtor, present to answer questions t~otion by Counci lperson Cavarra "1 would move to authorize the City Attorneyand the City Administra- tor to conclude the purchase of the properties, two lots, at $9500 each, in- cluding one share of water rights, per Receipt and Option Agreement", seconded by Counci 1 person Fl asco, ca rri ed by vote of 5-1, with Council person Lewman voting nay Item 11 Recommendation of Wheat Ridge Planning Commission re Release of all correspondence and information on the Zoning Map Audit and Procedural Guide Zoning Map Preparation (Dave Shelley reported he was allowed to present the Resolution re Fruitdale Elementary to the R-l District Board of Education, and received no comments from that Board ) Motion by Councilperson Cavarra "I move to authorize release of all information pertaining to the Zoning Map Audit", seconded by Councilperson Lewman Mr Shelley, Acting Director, Community Development Dept , reported his offices would be prepared shortly after noon Tuesday to notify all landowners of any discrepancy involved, per format of letter presented to Council Following discussion of appropriateness and necessity of Council action, City Attorney stated he felt it would be appropriate Motion adopted by vote of 6-0 (City Administrator's Matters continued) Item 17 Progress Report concerning Goals and Objectives Council Meeti~, tentatively scheduled for February 25, 1978 The City Administrator stated the meeting is tentatively scheduled for the Ramada Inn, 1-70 & Kipling Lunch will also be served at that location The first 1\2 hours will be devoted to the Communications and the Office Landscape Bids Meeting will convene at 8 30 am, close at 5 p m Counci~rson Cavarra suggested that any Councilpersons who have an item they wish discussed to fur- nish this to the City Administrator for inclusion in the Agenda as soon as possible--would like to keep it as broad as possible Item 18 Recommendation that John Wieder, Recreation Supervisor, ~e authorized to attend the New Mexico Swimminq Pool Institute Motion by Councilperson Cavarra "I move that John Wieder be authorized to attend the New Mexico Swimming Pool Institute to be held in Albuquerque, New Mexico, March 10-11, 1978, to be charged to Account No 001-602-728, not to exceed $124", seconded by Councilperson Lewman, carried 6-0 Refunds on the Weed Cutti~ Mr Shelley, Acting Director of Community Development Department, reported that due to bookkeeping procedures of the contractor, and upon recommendation by the City Treasurer, it would not be feasible to refund payments re weed cutting as directed by previous Council t10tion (Item No 6, January 30, 1978) The previous recommendation of contacting the respective property ow~ers by letter asking for verification of payment and amount would be more flscally acceptab 1 e r~ot i on by Counc i 1 person Fl asco "I wou 1 d move that we resci nd the previous motion on the payment of the cutting of.weeds and tak; Mr . . Malone's suggestion on going back and take the Plannlng Departmen~ s orlQlnal proposal on paying it", seconded by Councilperson Donaldson, carrled 4-2, with Councilpersons Cavarra and Lewman voting nay City Council Minutes B_i.g.s_l.Q!:...j:he proposa 1 ~alization) City Administrator reported that as Council directed had requested bids of two additional firms, Meurer, Serafini & Meurer, and a Greeley firm, and that both firms indicated being too busy to take on this work He recommended firm of CH2M Hill be authorized for this work Motion by Councilperson Fiasco "I would move that we proceed with the installation-Gr-traffic signal at 29th & Wadsworth from the consultant, CH2M Hill, amount of $6500, charge io Account No 001-302- 760, Consultant s fees", seconded by Councilperson Pepe, carried 6-0 CITY ATTORNEY'S MATTERS Item 19 ~suJ.j:~...Qf_B~s~_archgf..J::.afllJl Dre~_er .Jt--.t1.cKee _~on!!::acLl"e Be?pon~j,!Jil itz- for J-J!ndscAP.~ Des .Dlfl._ for .Ji.~i.fl!,~_PoQ..L9~cLeJ et i on_ of_m2.n.eys City Attorney stated he had reviewed the contract, they are not responsible for the landscape design at the City Hall--really not obligated to do anything at that location ~ouncjJ~~on C.a~~ questioned whether could negotiate a deduction, and was informed would be good for leverage Item 20 Proposed procedur.E'... for~ R~~o.fl.i !29~.Jl,rd i nan.c_~, City Attorn~~J3ted It is my recommendation that we, in future, do all zon- ings by ordinance Concern was expressed by some Councilpersons as to timeli- ness of the immediate adoption of the recommendation because of the forthcoming Charter election and because of possible inconvenience and/or added costs, bur- den to current applicants It was also requested of the City Attorney that in the future he provide Council with written recommendation proposals so that proper revi ew mi ght be made by Counci 1 Moti on by Counci 1 person Fl asco "I would move that this matter be tabled for one month period", seconded by Councilperson Donaldson, motion defeated by vote of 3-4, Councilpersons Lewman, Turner, and Cavarra voting nay, Mayor Phillips voting nay to break tie Motion by Councilperson Donaldson "I would like to make a motion to table this-for a' period of two weeks", seconded by Councilperson Fiasco, motion defeated by vote of 3-4, Councilpersons Lewman, Turner, and Cavarra voting nay, and Mayor Phillips voting nay to break tie Motion by Councilperson Cavarra "I move that begin- ning at the next Council meeting of February 27, 1978, all rezonings will be handled by Ordinance, and that those applicants who applied prior to this date will be given consideration for an emergency ordinance due to their reliance on previ ous methods, and that Council Rul es of Procedure be changed accordi ngly", seconded by Councilperson Lewman, motion carried by vote of 4-3, with Council- persons Pepe, Donaldson, and Fiasco voting nay, and Mayor Phillips voting aye to break tie Item 21 PrQRQ,sa 1 s re Leases (1), Leas~s th!!,:t_..ext~~ one year ().t:'_Qve~J31. Ordinance:(2) Leases that are for less than on_e ye~!:._By Resoluti..o!l. City Attorney quoted from CRS 31-15-801 re lease authorization by ordinance or resolution as appropriate Motion by Councilperson Pepe "I move that all leases for one year or more be done by Ordinance, and that all leases for less than one year, by Resolution", seconded by Councilperson Lewman, motion carried 4-2, with Councilpersons Donaldson and Fiasco voting nay February 13, 1978 Page -6- of th.e de.si gn _~Ji.._29th_ Av.e.__~ _VJ.ads!~or!I1._~l'{LJ tr,!!.f~ COUNCIL MEMBERS' MATTERS I'lotion by Councilperson Cavarra "I would ask Council to have a short Executive Session re land acquisition", seconded by Councilperson Turner, carried 6-0 Councilperson Lewman (1) Reminded Council the need to submit names of repre- sentatives'for the DRCOG Advisory Committees by Friday (February 17,1978) (2) I would like to ask the City Administrator to draft a request for proposal to submit to various individuals to do a Budget analysis, so that we know where we have been with our Budget process Motion by adjourn by Councilperson Fiasco, ~rs6n' Pepe voting nay Meeting adjourned COUNCIL ADJOURNED TO EXECUTIVE SESSION RE seconded, carried 5-1, with Council- at 11 30 p m LAND ACQUISITION MATTERS Carol F pj k ~ __..i--'-----..<:~~!.~_~_,_.__ _____ Hampf-;-Clty Clerk APPROVED ._ t!'.i~~l/.!J___cll_._.~~