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HomeMy WebLinkAbout06/12/1978 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO June 12, 1978 The Four Hundred and Twelfth Regular meeting of the Wheat Ridge City Council was called to order by Mavor Oliver V Phillips at 7 33 pm, June 12, 1978, 4355 Field Council Members 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 Administrator John A Jerman, City Attorney Edmund G Lambert, Deputy City Clerk Phyllis J Kramer, Department Heads Douglas Hilyard, Clyde E Hobbs, Charles Stromberg, Chief Ed Pinson City Treasurer James Malone staff, interested citizens Motion by Councilmember Donaldson ''1 move for the approval of the minutes of May 22, May 30, and June 5, with the exception--that-th-e--Minu-tesof May 30, middle of page 2 under (G) line 3, 'or dangerous animals, how- ever, it was explained that the law contains reference to State regula- tions Also it was pointed out that the proposed law would transfer a large portion of the Animal Control Law into the Chapter on Commis- sions instead of leaving it in the section on Animal Control''', seconded by Councilmember Turner carried 6-0 Public Comment Bill Keller, 14399 Garden Circle Golden, Colorado, President of Asphalt Paving Co , spoke re 1978 Street Improvement Program iterated the position of the company with respect to its Bid and contract negotiation Council reviewed its reasons and con- cerns discussed June 5th and considered the opinions of the City Attorney Motion by Councilmember Cavarra "I would like to move that this subj ect (Award of Bid re 1978 Street Improvement Program) be placed on the agenda of June 19, 1978, under Decisions, Resolutions and Motions to reconsider, to give the opportunity to have the streets listed, with any staff input and referred to the Street Committee"; seconded by Councilmember Donaldson, carried 4-2, with Councilmembers FIasco and Pepe voting no Jim Rese~ 4450 Holland St , #4A, Manager of the Imeat Ridge Chamber of Commerce invited the Mayor, Council members, and staff to attend the luncheon, Tuesday, June 20 Country Village Inn, to meet with Governor Lamm and cabinet members, to discuss some of the different State programs Public Hearings and Ordinances on ~econd Read~ Item~ Pre-Budget Hearing on the 1979_0l'...<:.Eat:i:!~K_ and ~eve.llUe Sl!.ari_nJLJ3udget City Administrator requested comments, suggestions, and requests for consideration Arthur Gardner, 7035 W 37th Ave, Wheat Ridge Police Advisory Committee, stated his Committee would provide input to the Police Department Budget It was Council con- sensus that in the preparation of the 1979 Budget, the City's mill levy should be retained at 3 5 or lowered if possible It was also suggested that a Study Session item could cover lowering the age re Senior Citizen Property Tax/Rent Rebate Program and/or inclusion of disabled persons Further comments in- cluded salary comparison study should be completed (to be accomplished by August 28), and no new programs were suggested Ordinance 276~ond readi~ for rezoning of land at_.4320-4330 Moore St , from A-1 to R-3 (Case No WZ-78-3), upon application of Allan Sunset and Exchange National Bank Item 2 Mr Stromber~, Director Community Development described the property, surrounding land uses and zoning background data, and informed the Council of a neighborhood petition requesting denial of the rezoning Jim Lhotak, 4300 Newcomb, felt the 15 multi-family units would create traffic problemS--Edward O'Brien, attorney for the applicant, reviewed the reasons for the rezoning request and future plans for the property Ordinance No 276 introduced on second reading by Councilmember FIasco, and title read by Clerk Motion by Councilmember FIasco "I move that Ordinance No 276 be adopted on second reading and ordered published for the fol- lowing reasons It meets with the recommendations of the Planning Com- mission and it is within the best interest of the City of Wheat Ridge and complies with the Comprehensive Plan"; seconded by Councilmember Pepe Councilmember Cavarra stated she would vote against the ordinance for the following reasons proximity to the greenbelt, increase of traffic on Moore; and further, that the motion be denied, as the applicant failed to present evidence that the property can't be developed at a lower density, and that the application was opposed by resi- dents in the area Councilmember Turner stated will vote no for the same reasons, and that opposition is evidenced by the petition containing twentv-nine signatures Councilmember Lewman stated he would vote no in conjunction with Mrs Turner and City Council Minutes June 12 1978 Page -2- Mrs Cavarra, plus the Comprehensive Plan does not now and did not originally allow for transition areas, and this parcel falls within a transition area from one density to an- other Councilmember Donaldson stated intend to vote no for the same reasons, plus the fact that this new petition came in with signatures signed by the neighborhood The motion to adopt failed by vote of 2-4, with Councilmembers Lewman, Turner, Cavarra, and Donaldson voting no Ordinanre 278, second readin~for rezo~~~f land (mass.rezoning~ at area bounded by W 35th, W 38th, Flower St , and Independence St Mr Stromb~~ outlined the request and the involved area He also advised Council the Planning Commission is planning to resolve some Zoning Ordinance differences as regards non-ronforming use which would negate the need for the mass rezoning and recommended the matter be continued until that action is completed Mo~~on by Councilmember Cavarra "I would move that this case be continued; that property owners be renotified of the zoning hearing; and the letter state that the Council has the option to rezone any or all of the property", seconded by Council- member Pepe Councilmember Pepe stated that he would like to see this matter tabled, and is definitely opposed to zoning someone's property unless it is requested--not going for a mass rezoning without the consent of the property owner Councilmember FIasco stated he intended to vote against this motion as not being clear as to intent of Council, wished to defer until action of Planning Commission Councilmember Turner stated she would vote against the motion as she felt action should be taken on the matter Councilmember Donaldson stated he would vote against the motion for the same reasons as Mr FIasco indicated Motion failed by vote of 2-4, with Councilmembers Pepe, Turner, Donaldson, and Flasc~ voting no Motion by Councilmember FIasco "I would like to move that this matter be continued until such time as the staff can meet with the Planning Commission and bring their recommenda- tions to the City Council on the changing of the non-conforming portion of the zoning ordinance", seconded by Councilmember Donaldson, carried 5-1, with Counrilmember Turner voting no Robert Sulliva~, representing owners of three exist- ing doubles, protested any effort to change their zoning Albert Anderson, 3680 Hoyt Ct , felt there was a misunderstanding when he signed the petition for the rezoning (Mr Stromberg made arrangements to meet with Mr Anderson to review his questions ) It em 3 Item 4 Ordinance 279, second reading, amendi~Section VII of Ordinance 261 re Salaries of Court Personnel Councilmember Lewman introduced the ordinance, title read by Clerk Motion by Coun- cilmember Turner "I move that Ordinance 279 be approved on second reading, including the amendment which reads, Section 2 be deleted, and a new Section 2 be inserted as This Ordinance shall be retroactive to Jan- uary 1, 1978, except that all payments made to the Deputy Judge to date, plus future monthly payments during 1978, shall not exceed in total the annual maximum sum of $6,000", seconded by Councilmember Lewman, carried 6-0 Item 5 Ordinance 280, second reading, amending Section 9 3, Article II, Environmental Control (construction of bridges culverts, etc) Mr Stromberg requested that this matter be continued for one week Motion by Councilmember Cavarra "I move to table Ordinance 280 until June 19"~----seconded by Councilmember Donaldson, carried 6-0 Item 6 Ordinance 281, second readi~mend~ Wheat Ridge Code of Laws by Codifi- cation of Ordinances 232 through 242 Councilmember Lewman introduced the ordinance, title read by Clerk Motion by Councilmember Donaldson "I move that Ordinance No 281 be adopted on second reading and to be published and po s t e d ", seconded by Councilmember Cavarra; carried 6-0 (9 24 p m recess taken, reconvened at 9 40 pm) Decisions, Resolutions and Motions Item 7 Final Audit Proposals re EDA Grapt Funding of Municipal Complex Mr Malone, City Treasurer, explained the requirements of the US Dept of Commerce for the audit The proposals received from four of the seven firms con- tacted were reviewed Motio~ by Councilmember Pepe "I move the City accept the EVA Grant Audit proposal of Arthur Young & Co , at a fee not to exceed $1,500, to be charged to Account No 01-103-750", seconded by Councilmember Lewman, carried 6-0 This authorization will now be submitted by Mr Malone for approval Item 8 Proposed Resolution re Authorizing rental of safe deposit box Resolution introduced by Councilmember Donaldson, Clerk assigned number 579 and read title Motion by Councilmember Donaldson "I move for the adoption of Reso- lution No 579 as presented" seconded bv Councilmember Lewman, carried 6-0 City Council Minutes June 12, 1978 Page -3- It em 9 -..- Change of Managers for Red Lobster Inn, 4455 Wads~orth Blv~ Mr Richard Boyce, 5791 W 52nd Ave , manager was present Motion by Councilmember Donaldson "I move that Richard 0 Boyce, Jr , be ap00ved as Manager of the Red Lobster located at 4455 Wadsworth Blvd, Wheat Ridge, Colorado", seconded by Councilmember Lewman carried 6-0 It em 10 -- Decision on Codification _~ompan~ and authorize Mayor to sign contract for .supplementary cod~icati.9ns -'?_~ Ci~rd!E..~nces City Clerk reviewed the pro- posals received It was Council consensus that there were some limitations involved which required additional information Motion by Councilmember Donaldson "I would like to make a motion to table this matter for one week to investigate it further", seconded by Councilmember Turner, carried 4-2, with Councilmembers Cavarra and Pepe voting no Item 11 Motion to cancel Study Session, July 3, due to holiday, and to set July 10, as Study Session Motion by Councilmember Cavarra "I move that the July 3rd Study Session be cancelled, and July 10th established as a Study Session ", seconded by Councilmember Donaldson, carried 6-0 Item 12 Budget Transfer Resolution Councilmember FIasco stated he was in receipt of a memo from the City Administrator re changes affecting the City Engineer and Public Works He stated he had some spe- cific problems with the action outlined, desired clarification, and an opinion of the City Treasurer Motion by Councilmember FIasco "I move that the City Adminis- trator's memorandum concerning the reorganization of functions and dated 9 June 1978 be immediately rescinded for the following reasons 1 Section 2-2 1 of the Code of Laws of the City of Wheat Ridge states 'It is the purpose of this section that the organizational plan of the City shall be substantially the form illustrated by the attached sche- matic diagram entitled Functional Organization Chart Citv of Wheat Ridge, April, 1974, subject to such revisions as may be made from time to time by administrative regulation issued by the City Administrator and confirmed by the City Council ' 2 This memorandum establishes a new department that is not within the budget and, therefore, without any funds 3 This memorandum changes the duties and classification of some employees without being referred to either the Personnel Com- mission or the City Council, and 4 The City Council have just recently directed several times that it did not want any changes authorized or initiated until after the studv for all classifications, wages and duties of City employees, and this memorandum substantially changes the scope, duties and scheduling for this study which is already in progress", seconded by Councilmember Donaldson Following discussion, it was Council consensus further clarification with respect to ultimate results desired, duties, funding, and lines of responsibility is needed Motion by Councilmember Turner "I move the matter be tabled for one week"; seconded by Councilmember Cavarra, carried 4-2, with Councilmembers FIasco and Pepe voting no Motion by Councilmember FIasco "I move for a vote of 'no con- fidence' in the office of the City Administrator for the following rea- sons 1 In the City Administrator's memorandum to establish a new Department, he apparently chose to place at the head of this Department a person who has just one week ago submitted for bid the Street Propo- sals for 1978 that were so full of errors that it necessitated City Council directing the process started over and that new bids be ob- tained 2 The new chosen Department Head hqd supporting poles for a walk light at 44th and Yarrow installed last week and it was necessary to move these supporting poles the very next day due to the fact that governmental regulations were not checked or followed 3 He has failed to inform Council of all facts concerning some matters--in particular, Council was asked to seek a Block Grant for three items, (a) consolida- tion of water districts, (b) study of activity centers, (c) Harlan Street drainage Mr Jerman's office had previously, and was in con- sideration for two of these same three projects with the Overall Eco- nomic Development Committee for the sum of over $150,000 for water lines and $3,000,000 for Harlan Street storm drainage The City Coun- cil was not informed of the project request and that the City was still in active consideration for both projects 4 The selection of the position of City Engineer as a Department Head was done without regard for EEO regulations, that is, it was not advertised"; seconded by Council- member Pepe Motion failed by tie vote, 3-3, with Councilmembers Lewman, Turner, and Cavarra voting no Councilmember Cavarra introduced the Resolution re Budget Trans- fer; numbered 580 and title read by Clerk Motion by Councilmember Cavarra "I move City Council Minutes June 12, 1978 Page -4- that Resolution No 580 be adopted" seconded by Councilmember Lewman, motion failed by tie vote, 3-3, with Councilmembers Pepe, Donaldson, and FIasco voting no Item 13 Resolution re Implementation of remaini~Ch~ters of City Charter with certai~ exceptions Councilmember Lewman introduced the Resolution, num- bered 581 and title read by Clerk Motion by Councilmember Lewman "I would move that Resolution No 581 be adopted", seconded by Councilmember Donaldson, carried 6-0 Mayor's Matters (a) Colorado Municipal League Annual business meeting, 2 30 pm, Thursday, June 22, Colorado Springs Also, there is a proposed increase in the annual dues (b) Crown Hill situation Appraisers' report forthcoming, still negotiating City Administrator's Matters Item 14 RFP for Salary Classification Study and reques~~_selection of Council representation to Committee The RFP has been forwarded to twenty-one individuals/firms The selection will be accomplished by an Evaluation Committee suggested to be composed of three Council Members, one Civil Service Commission, and one Personnel Commission, and staff Councilmember Cavarra commented that the results of the salary study could cost about $200,000, including the impact of the five percent cost of living increase; that it would be devastating to morale to go part way and then not go through with the program Council should make a commitment to take the consultant's word as being unbiased and not tinker with individual posi- tions Employees must understand that all would not get an increase, and increases in salary may vary Item 15 Approval to submit Grant Application for attendance of one Police Officer to special Traffic Management School Sponsored by Division of Highway Safety by reimbursement of tuition and travel expense program, costs to City pri- marily involve applicant's salary for 12-week period It was suggested the appli- cant be requested to make a work-commitment time period to the City Motion by Councilmember Lewman "I move that the City be authorized to submit the grant application for attendance at the Central Missouri State Uni- versity--Traffic Management School", seconded by Councilmember Donaldson; carried 5-1, with Councilmember Pepe voting no Item 16 Decision re Procedure for sale of Police/Community Development Building at W 44th and Owens Three alternative methods presented Motion by Councilmember Donaldson "I would like to make a motion for number 2, Direct sale by the City through advertising--this would save the cost of the commission", seconded by Councilmember Turner, motion defeated by vote of 2-4, with Councilmembers Cavarra, FIasco, Lewman, and Pepe voting no Motion by Council- member Cavarra "I move that the Council authorize procedure number 1 which involves an open listing with all real estate brokers having a Wheat Ridge address, with the appraised value plus commission as the minimum acceptable price", seconded by Councilmember Lewman, carried 6-0 June 19, 1978, Council Meeting Council advised City Administrator will be absent next Monday, June 19th, to attend daughter's graduation Council Members' Matters Reapportionment Councilmember Pepe suggested action should be initiated by Council Different alternatives were discussed, with final decision to be made by Council Motion by Councilmember Pepe "I move that we advertise for people to serve on a reapportionment committee", seconded by Councilmember FIasco, carried 5-1, with Councilmember Lewman voting no Item 17 Consideration of Design Concept of walkwa~~32nd Ave Councilmember Turner stated that since a neighborhood meeting has been scheduled for Tuesday (June 13), there should be included input from Council as to concept and design Harry Sabin, District Coordinating Engineer, said the final plans call for the continuation of the bike path on W 32nd from Miller west towards Simms-basically a continuation of the existing alignment, with minimal changes in the existing envir- onment as to trees, ditches, etc Some Council concern was expressed that a sepa- rated walk/bike path would be more feasible with respect to pedestrian safety and lessen drainage problems in the area, especially at 32nd & Quail The neighborhood meeting is scheduled for Tuesdav, June 13, 7 30 pm, Prospect Valley School Item 18 Consideration of revamp of Design of Intersection of W 29th Ave and Wads- worth Blvd as pertains to W 29th Ave City Administrator requested the deferred for one week to enable the attendance of Mr Southwell, consultant, matter be CH2M Hill City Council Minutes June 12, 1978 Page -5- Swimming Pool Advisory Committee Report Councilmember Cavarra briefly reported on the status of the pool design, and stated that the Committee were pleased with the concept shown on the "Design Development Study" (June 9, 1978) Council Committee and Commission Matters Item 19 Personnel Commission Terms of office of William Thornton and George Holte expire as of June 17, 1978 Motion by Councilmember Cavarra "I move to extend the present appointments until the revised ordinance becomes effective, and then consider their reappointment", seconded by Council- member Pepe, carried 6-0 Item 20 Mass Transit Committee Mr Norfleet and Mr Eckhardt have expressed interest Motion by Councilmember Turner "I would move that Mr Norfleet (Rod L Norfleet, 4321 Moore St , #3) and Mr Eckhardt (Robert Eckhardt, 7400 W 34th Ave) be appointed to the Mass Transit C omm i t tee", seconded by Councilmember Pepe, carried 6-0 MEETING ADJOURNED AT 11 20 p m ~/ (/f ?6/:, CAROL F HAMPF, CITY CLERK pjk APPROVED (U{-d- :1 unci! Mayor City Adm. City Arty Dept. Heads I -, !, I 'I. --l