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HomeMy WebLinkAbout06/05/1978 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO ____ J UN E _~L_!2_L?____ The Four Hundred and Eleventh Regular meeting of the Wheat Ridge City Council was called to order by Mayor Pro Tem Joseph M Donaldson, at 7 30 pm, June 5, 1978, 4355 Field St (Mayor Oliver V Phillips was absent ) Council Members present were Mary Jo Cavarra, Joseph H Donaldson, Anthony N FIasco, Gary L Lewman, Ray C Pepe, and Louise F Turner Also present were City Clerk Carol F Hampf City Administrator John A Jerman, City Attorney Edmund G Lambert, Deputy City Clerk Phyllis J Kramer, Department Heads Richard H Bredt, Douglas Hilyard, Clyde E Hobbs, Charles Stromberg, staff, and interested citizens Ordinances on First Reading Item 1 Ordinance Lroviding for _rez_(mip~_o1-)a~LI_()cat_~d_ at_.'.f..~~h _& IndependeTl_ce St , from I and A-1 to I, Case No WZ-78-10 Councilmember Cavarra introduced the ordinance, numbered 2RL, and title read by Clerk Motion by Councilmember Cavarra "I move this ordinance be read and adopted, that under Section 2, this ordinance shall take effect fifteen days after final publication, the public hearing and second reading will be set for June 26, 1978", seconded by Councilmember Lewman, carried 5-0 Ordinance providing for rezoning of land locat~~3~~Og4 Wad~wo~~h Blv~ , from R-3 to R-C1; Case No WZ-78-11 Ordinance introduced bv Councilmember Lewman, numbered 235 and title read bv Clerk Motion by Councilmember Lewman "I would move that Section 2 would read fif- teen davs after publication, Public Hearing shall be held on June 26, 1978, at 7 30 pm, in this building (Council Chambers, Anderson Bldg , 4355 Field St )", seconded by Councilmember Turner carried 5-0 Motion by Councilmember Lewman "I move to adopt this ordinance on first reading", seconded by Councilmember Turner, carried 5-0 Item 2 Item 3 Ordinance for Regulation of Traffic, a~-9Pti.!!B_~ reference the "Model Traffic Code for Color~d~Mu~i~ipalities, 1977 Revised Edition", repealing Chapter 12 Code of the City of the Ordinance introduced by Councilmember Lewman, numbered 286 and title read by Clerk Motion by Councilmember Lewman "I would ask that Ordinance No 286 be adopted on first reading, and published and that Public Hearing be on June 26; and that Section 2, sub-section (1), be stricken--that section reads 'as may be necessary to approach the side of the roadway to pick up or unload passengers''', seconded by Councilmember Turner Some Council concern was expressed re deletion would create an impedance to safe flow of traffic The motion on request, was split Vote re deletion of sub-section (1) 4-2, with Councilmembers FIasco and Pepe voting no Motion to adopt as amended 4-2, with Councilmembers FIasco and Pepe voting no (It had been determined that by precedent Mayor Pro Tem did not lose his vote by being the Presiding Officer ) Decisions, Resolutions and Motions Item 4 Municipal Building Matters (Dee Burton, Project Coordinator) (a) Approval for installation of additional fire hydrant at cost of $3530, Account No 31-504-811 This installation is in lieu of access off of Wadsworth Blvd Location has been cleared with Wheat Ridge Fire Protection District Motion by Coun- cilmember Pepe "I move that the City instruct Consolidated Mutual Water Company to install a second fire hvdrant on the Municipal Building site for a cost not to exceed $3530 and charge same to Account 1/31-504-811", seconded by Councilmember Lewman, carried 6-0 (b) Request of Interplan, Inc for $1500 additional fees for interior design services Ms Marsha Blum, Project Manager of Interplan, Inc , explained the factors which were felt went beyond the original scope of the job However, Council indicated this had been a "job" bid and reiterated Council policy Motion bv Councilmember Cavarra "I, therefore, move that the Council find that the items listed were not beyond the scope of the work and, therefore, deny the additional S1500 r eq u est e d ", seconded by Councilmember FIasco, carried 5-1, with Councilmember Pepe voting no Item 5 (a) Award of Bid re Chairs and Auditorium Seating (Dee Burton ) Delivery date anticipated late August to September, City will request early delivery, bid falls within the Budget Motion by Councilmember Lewman "I move that the low- est and best bid be awarded to Hirschfelds at 21 South Broadway for chairs and auditorium seating, Group E and N, at a cost not to exceed $30,984, to be charged to Account No 31-504-811" seconded by Council- member Pepe, carried 5-1, with Councilmember Turner voting no City Council Minutes June 5, 1978 Page -2- (b) Award of Bid re Entrance signage for Municipal Building Bid received over esti- mate Recommendation was to reject the bid received, and to pursue a change order proposal Motion by Councilmember Cavarra "I move that we reject the lowest and only bid and ask the contractor to prepare a change order through the architect", seconded by Councilmember Lewman, carried 6-0 (c) Interior graphics and signage for Municipal Building Award of Bid Council con- cern expressed re bid over estimate, however, there is a need for the signage and there may possibly be savings in the entrance signage construction Motion by Coun- cilmember Lewman "I move that the lowest and best bid be awarded to Code Signs of Denver, 1814 Market Street, Denver, for Graphics and Signage, for the Municipal Complex, at a cost not to exceed $4560 to be charged to Account No 31-504-811", seconded by Councilmember Cavarra, carried 5-1 (d) 1978 Street Improvement Program Award of Bid Mr Hilyard, Director, Administra- tive Services, reviewed the bid, stating Asphalt Paving was the on Iv firm who had responded, the bid exceeded the budgeted amount, and a proposal to amend the contract was submitted Mr Bisgard, Asphalt Paving Co , outlined his firm's proposals Council requested that the specs should be re-written and desired the opportunity of reviewing additional bids Motion by Councilmember FIasco "I would move that this proposal be denied, that this street program be resubmitted to four or more bidders, and not be resubmitted to council unless we have two b i dd er s ", seconded by Councilmember Turner Further discussion involved clarifi- cation of square footage/mileage computations, road stabilization, preparation of specs and bidding procedures Mr Hobbs, Director, Public Works Dept , and Leonard Smith, City Engineer, also present Motion died 3-3, with Councilmembers Cavarra, Donaldson, and Lewman voting no Amended Motion "I move that any action on the street bid be deferred for two weeks" Amending motion by Councilmember FIasco, seconded by Councilmember Pepe, carried 6-0 Original motion by Councilmember Cavarra, seconded by Councilmember Lewman, motion as amended carried 4-2, with Council- members Donaldson and Lewman voting no (e) Weed Cutting Enforcement Program and Mowing Bid Mr Hilyard described the Weed Cutting Enforcement proposal and weed mowing bid, setting forth anticipated costs and equipment needs It was indicated that additional moneys would need to be allocated to cover costs of proposed program Council questioned means of recovering costs of mowing private property, and requested that additional bidders be obtained Motion by Councilmember Cavarra "I would move that the Council approve mowing on private property only, with the understanding that the fund will become a revolving fund, that the right-of-wav mowing be done in-house, and that a budgetary provision for part-time employee be prepared, and we authorize the expenditure of $175 for the microfilm reader" Councilmem- ber Turner asked that the motion be split into three parts, agreed to, and seconded first part Said first part failed by vote of 2-4, with Councilmembers FIasco, Lewman, Pepe, and Turner voting no Council felt this proposal should be rebid Motion by Councilmember Turner "I move that the bidding be repeated, with the understanding that it is for private property only, and that it not be submitted to council unless there are two bids", seconded by Council- member FIasco, carried 5-1, with Councilmember Cavarra voting no The second part of the first motion "that the right-of-way mowing be done in-house, by Public Works Dept , and that a budgetary provision for part-time em- ployee be prepared" was seconded by Councilmember Lewman, carried 6-0 Item 6 Resolution re Acquisition of portion of the Zarlengo property, Clear Creek & Kipling, for Open Space purposes City Administrator reported owner unwilling to make any specific commitment and preferred the City to present an offer However, a survey is necessary prior to preparation of offer/negotiations Mr Hobbs, Director, Public Works, stated his Department would prepare the survey It was consensus of Council to defer this item to a later date pending survey Item 7 Proposed negotiation of agreement with Safeway Store (38th & Kipling) for maintenance of portion of parking lot for RTD purposes Mr Stromberg, Director, Community Development Dept , described pavement breakage problems incurred by RTD's use of Safeway Stores parking lot for public bus turn- around To provide adquate public transportation until "grid" system is estab- lished in September, the maintenance of the lot is required Amended motion "In the interest of providing for the health, welfare, and safety of the citizens, I move that the holes, which have resulted from the parking of RTD buses in the Safeway parking lot at 38th & Kipling, be filled City Council Minutes June 5, 1978 Page -3- by the Public Works Department, provided that the details of an arrange- ment can be worked out with Safeway, and any legal matters can be worked out by the City Attorney, and that this arrangement exist until October 1, 197~' Amending motion by Councilmember FIasco, seconded by Councilmember Pepe, carried 6-0 Original motion by Councilmember Turner, seconded by Councilmember Cavarra, motion as amended carried 6-0 Item 8 Decision re Appeal of Grains N' Grapes Court Order per memo of City Attorney Motion by Councilmember FIasco "I will move that we hold an Executive Session on the subject of the Grains N' Grapes Court Order", seconded by Councilmember Pepe, carried 6-0 Item 5 (d) 1978 Street Improvement Program reconsidered Amended motion "I would like to ask the motion deferring action for two weeks be rescinded, and a new motion submitted that staff be instructed to go for new bids on the revised Street program, following the guide- lines submitted by Public Works Department, subject to review by the Street Committee, a minimum of two bids to be brought to Council" Coun- cil also requested that it be given the detail of each bid, unit prices, etc , toge- ther with a letter setting forth reasons therefor from the firms who choose not to bid Amending motion carried 5-1, with Councilmember Cavarra voting no Original motion by Councilmember Cavarra, seconded by Councilmember Turner, motion as amended carried 6-0 It was suggested that this matter be CITY COUNCIL ADJOURNED TO EXECUTIVE SESSION, and reconvened at 10 15 a m Following Executive Session, Mayor Pro Tern Donaldson stated Re Appeal of Grains N' Grapes, it was Council consensus that the City should appeal this matter further through the Courts Resolution authorizing appraisal and purchase of Mugley (Robert Mugele) property located at approximately W 44th Ave & Miller St for Open Space Purposes Resolution introduced bv Councilmember Lewman, numbered 578 and title read by Clerk Motion by Councilmember Lewman "I move to adopt Resolution No 578", seconded by Councilmember Turner Councilmembers FIasco and Pepe stated they would vote against the motion until the decision as to whether or not the City would purchase Crown Hill because of funding Motion carried 4-2, with Councilmembers Pepe and FIasco voting no Item 9 Council Members Matters Councilmember Turner requested the following matters be placed on future agendas (1) Consideration of design concept for the walkway on 32nd Ave , stating this needs to have some input to and from Council before a scheduled meeting (2) Consideration of revamping of the design of the intersection of 29th & Wadsworth as pertains to the design of W 29th (Information indicated this involved a 10-foot dedication for turning purposes, the deed would first go to Planning Commission and then to Council for acceptance ) Hudson Oil Beer License Application City Clerk requested this matter, tentatively scheduled for June 12th, be continued to June 19th, as the location had not been properly posted by applicant Motion by Councilmember Cavarra "I move to re- schedule the license application hearing of Hudson Oil Co for the 19th of June, and that it be reposted and republished ", seconded by Council- member Lewman, carried 6-0 THE REGULAR SESSION ADJOURNED AT 10 20 p m TO SCHEDULED STUDY SESSION Item 9 Proposal_to further ~lore join~urchase with L~kewood of.~~!k l?_nd at W 26th Ave & Wadsworth Blvd Jim Crain, Propertv Management Officer, and Don T~m~li~, Right-of-Way Agent of the Property Management Office, Representatives of City of Lakewood, and Mr Bredt, Parks & Rec Director, described the property located in Lakewood under consideration as a joint purchase and development with Wheat Ridge It was Council consensus that because of pending Crown Hill negotiations a decision on this matter could not be made at this time Item 1 Report re Proposal to reimburse bus fares to City employees to and from work and/or reimbursement ~1.-5arpo?ling costs Mr Hilyard reviewed the information presented GaIY Kispert, Galbraith & Green, outlined insurance problems (1) use of City-owned vehicles for carpooling most expensive way, (2) least expensive way involves use of employee vehicles, and (3) State Compensation insurance requires clarification It was staff recommendation City Council Minutes June 5, 1978 Page -4- that the City provide a 50% reimbursement program which could be handled through the Petty Cash program of the City for simplification, and the staff be more or less directed to use the DRCOG carpooling and not get into a reimbursement program re carpooling or City vehicle use Consensus of Council agreed to go with the partial bus reimbursement, and the matter is to be placed on the agenda for formal action on June 19 Proposed amendment to Purchasing Manual deleted for consideration at future date Discussion of Computer Systems and service (in-house or outside) and Sales Tax Ordinance James Malone, City Treasurer, reviewed advantages and some costs involved with City collection of sales tax It was the Council consensus that the City should collect its own sales tax, that the target date could be 1 Januarv 1979, and agreed with the recommendation for a City Finance Committee The recom- mended committee to consist of five citizens, two Councilmembers, the City Treasurer, City Attorney, and other staff members will be appointed on June 19th Mr Jim Reser, 4450 Holland St , #4A, representing Wheat Ridge Chamber, offered to make recommenda- tions The required sales tax ordinance is to be drafted by the City Attorney Item 3 Item 2 Item 4 Discussion of RTD matters Ms Pearl Alperstein, RTD representative, sug- gested she was available to act as liaison concerning RTD problems in the communities She stated the contracts for the bus shelters at 38th & Brentwood and 38th & Kendall have been let, route re-structuring (grid system) will take place on September 20th which is designed to increase service, and invited Council to attend the RTD June 28th budget hearing which will include discussing the fare structure and the possibility of property tax levy under Authority which allows a levy up to 2 5 mills Women in Crises program discussion was deleted Discussion of future design width of W 44th Ave and placement of curb and gutter for Gash property on W 44th City Administrator presented a map which outlined two alternative designs for W 44th Ave which fit within the 60-foot right-of-way Chief Jack Willis, Wheat Ridge Fire Protection District, and Bob Quinn, Arvada Fire District, commented on the needs and hazards involving emergency and fire equipment on public streets Jim Reser, 4450 Holland St , Wheat Ridge Chamber, recommended consideration of safety factor for move- ment of emergency vehicles, left-turn needs, bike path safety, and adoption of the Planning Commission recommendations Mr Hobbs reviewed decision of the Street Com- mittee meeting re minimum standards Janice Thompson, 12290 W 42nd Ave , recommended use and value of citizen input, and did not wish to see the street designed strictly for commercial use It was consensus of Council that a special Task Force Committee should be appointed, and all interested persons therefor should contact the office of the Mayor and City Administrator Item 5 It em 8 Item 6 Proposed revision of Council Rules and Procedures City Clerk presented the item and requested additional suggestions Procedure of handling ordinances on first reading on matters other than rezoning was discussed The revised Rules will be considered at the June 26th meeting Item 7 Review of Senior Citizen Property Tax/Rent Refund The City Clerk advised of two matters brought to her attention (1) A Senior Citizens Group had wished the 1979 refund budget be set aside for funding of a Center, however, the City Attorney had stated there would be legal problems involved It was suggested those Senior Citizens who wished to may make personal donations (2) There is no provision re those who receive a rent rebate who live in property where no property tax is paid This matter is to be referred to the City Attorney for legal research and review to determine whether or not an amendment to the Code may be required 12 MIDNIGHT APPROVED C~!J- pjk Distribute to Council Date. 6/8/7S Mayor City Clerk: City p.em. City Treas; Citj 70 A j Nt i IJ c;c~~~~. ~HJr_~; -Ioe /via f L ,t) I S i- rr