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HomeMy WebLinkAbout06/19/1978 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO June 19, 1978 The Four Hundred and Thirteenth Regular Meeting of the Wheat Ridge City Council was called to order by Mavor Oliver V Phillips at 7 33 pm, June 19, 1978, at 4355 Field Council Members present were Mary Jo Cavarra, Joseph M Donaldson, Anthony N FIasco, Garv L Lewman, Ray C Pepe, and Louise F Turner Also present were City Clerk Carol F Hampf, City Attorney Edmund G Lambert, Deputy City Clerk Phyllis J Kramer, Department Heads Douglas Hilyard, Richard H Bredt, Clyde E Hobbs, Charles Stromberg, Chief Ed Pinson, staff; interested citizens Motion by Councilmember Cavarra "I would like to move that (part 1) item 14, be moved to follow item 3, and (part ,) item 16, because Mr Jerman is not here this evening, be held one week, and held at an Executive Session, since it does pertain to Personnel"; seconded by Councilmember Turner Hotion was asked to be divided, and part 1 of the motion carried by vote of 6-0 Part 2 of the motion failed by vote of 2-4, with Councilmembers FIasco, Lewman, Pepe, and Turner voting no Motion by Councilmember FIasco "I would move that item 17 on the agenda be moved up and placed after item 14", seconded by Councilmember Turner, carried 6-0 Motion by Councilmember Turner "I would like to move that follow- ing item 2 of the agenda tonight there be an executive session to discuss possible litigation and include personnel"; seconded by Councilmember FIasco, carried 6-0 Approval of Minutes Motion by Councilmember Donaldson June 12 as printed"; seconded "I move for the approval of the minutes of by Councilmember Lewman, carried 6-0 Public Comment Ben L Chastain, 3250 Marshall, re rezoning of Columbia Heights School property in- quired as to present status of rezoning action, questioned necessity of delay of pub- lic hearing before Planning Commission and handling of posting of property Burton Beebe, 3177 Chase St , also cOITffiented re posting of Columbia Heights School property Mrs Naomi Ashcroft, 3375 Flower St , re proposed Ordinance No 283 re Animal Control, suggested definition of "vicious animal" be better defined, and that sections pertain- ing to owner notification of injured/killed animals, nuisance definition, public kennel confinement, running at large, and female animals in heat should be reviewed for better outline ani definition (The ordinance is scheduled for second reading and Public Hearing on Monday, June 26, 1978 ) Public Hearings and Ordinances on Second Reading Item 1 SAV-MOR DRUG, Inc , application Applicant's attorney, Woody Norman, stated witnesses were late and requested the hearing be delayed for a few minutes This request was granted Item 2 Application for new 3 2% Malt Beverage by the Package Retail License for Koch Marketing dba Hudson Oil Co , 4795 Kipling St The Memo of the City Clerk of June 15, 1978, re City's investigative report was made a part of the Public Hearing record Charles Sheehan, 10640 W Milan, applicant's representative, was present The distance from area school and applicant location was determined Motion by Councilmember Pepe "I move that the application for Class J-1 3 2% Package Beer License for Koch Marketing Co dba Hudson Oil Co at the location of 4795 Kipling St , be denied for the follow- ing reasons The applicant did not present any evidence as to the needs for this license, the applicant did not give any reason why this license should be granted", seconded by Councilmember Cavarra, carried 6-0 Application for new Drugstore Liquor License for SAV-MOR Drug, Inc , 10123 W 37th PI , Wheat Ridge Woody Norman, attorney for applicant, presented petitions which had been circulated in neighborhood and at place of business These petitions were admitted, marked applicant's exhibits 1 through 9, together with an additional survey, marked exhibit 10 of applicant Warren Seth Compton, 7040 So Clermont, applicant, President of SAV-MOR Drug, Inc , set forth the reasons and needs for requested License Sara Gullstrom, 772 S Youngfield Ct , employee of applicant, also gave evidence The investigative report of the Citv was made a part of the Public Hearing record Motion by Councilmember Lewman "I move for the approval of the Class E Drug Store Liquor License for the SAV-MOR Drug, Inc located at 10123 W 37th PI , based on the testimony presented", seconded by Councilmember Cavarra; carried 4-2, with Councilmembers Fiasco and Turner voting no Councilmember FIasco had stated his reason for voting against the motion was because he felt the applicant had not sufficiently demonstrated a need for the license Item 1 City Council Minutes June 19,1978 Page -2- (Council adjourned to Executive Session at 9 10 pm, reconvened at 9 47 pm) It em 3 Ord 282, second reading, amending Ord 261, by adding additional job classi- fication (Maintenance Supervisor) Ordinance 282 introduced by Councilmember Lewman, title read by Clerk cilmember Lewman "I move that Ordinance No 282 be adopted on ing and ordered pub Ii shed ", seconded by Councilmember Donaldson expressed by Council as to scope of work and required qualifications 4-2, with Councilmembers FIasco and Pepe voting no Motion by Coun- second read- Concern was Motion carried Motion to request Highway Department to prepare alternate proposal on W 32nd Ave walkway (Councilmember Turner) Harry Sabin, District 6 Engineer, State Highway Division, was present Motion by Coun- cilmember Turner "I move that Council request that the State Highway De- partment prepare an alternate design with the path at or near the edge of the ROWand showing a separation beginning east of Nelson where the ROW becomes wider and continuing west to the end of the project Pro- posal should indicate cost estimates for both concrete and asphalt and amount of cost attributed to curb and gutter if used Request that the proposal also indicate possible savings or additional walkway possible if one or more of the three existing walks is utilized instead of re- placed ", seconded by Councilmember Pepe Mr Sabin reviewed the engineering esti- mates and preliminarv and alternative designs as heretofore investigated by the State pursuant to Federal guidelines Motion carried 6-0 Item 14 Consideration of revamp of design of intersection of W 29th Ave & Wadsworth Blvd as pertains to W 29th Ave (Councilmember Turner) Terry Southwell, CH2M Hill, signal design consultant for W 29th & Wadsworth intersection, stated During preparation of signalization design, the addition of a right-turn lane on W 29th Ave in interest of safe traffic flow was recommended, this would involve removal of hedging on north side of W 29th with future curbing and guttering Concern was expressed by Council that the recommendatioll would change character of the street and requested the authorization for bidding be deferred to June 26th Item 17 Decisions, Resolutions and Motions Item 4 1978 Street Improvement Program of award of contract Decision on scope of work and consideration Councilmember FIasco reported Street Committee met to discuss the 1978 Street Improve- ment Program, a report was compiled as requested, the report and bid from contractor were discussed Further, the Committee accepted priorities that had been established but would recommend submission of the street program for rebidding Motion by Council- member Turner "I would move that we proceed with the Street Program as prioritized by the Street Committee and have the package rebid", seconded by Councilmember Pepe Councilmember Cavarra stated she would vote against the motion because time factor, possible price increase; no guarantee of interest by other bidders, would cause delay, and fairness to bidder Motion to amend by Councilmember FIasco "I would move an amendment to the motion that the bidding be com- plete and back before the City Council three weeks from tonight (July 10)", seconded by Councilmember Pepe Time schedules and procedures for rebidding were dis- cussed Councilmember Lewman stated would vote against the motion because not tech- nically feasible Councilmember Donaldson stated he would have to agree with Council- member Cavarra Amending motion defeated by vote of 3-3, with Councilmembers Lewman, Cavarra, and Donaldson voting no Original motion defeated by vote of 3-3, with Coun- cilmembers Cavarra, Donaldson, and Lewman voting no Motion by Councilmember Turner "I move that we go with the program, accepting the revised bid from Asphalt Paving Co "; seconded by Councilmember Lewman Councilmember Pepe stated he intended to vote against this motion as he felt it was illegal because of higher unit price and revised contract Councilmember FIasco stated he agreed with Council- member Pepe Motion carried by vote of 4-2, with Councilmembers FIasco and Pepe voting no Item 5 City Hall Matters (Dee Burton, Proiect Coordinator) (a) Recommended Change Order #5 including (1) Telephone room changes as required by Mountain Bell Motion by Councilmember FIasco "I would move that the $365 for the telephone room changes be paid to the contractor, and that the City staff be directed to negotiate with Mountain Bell in an attempt to re- cover the $365 for the City", seconded by Councilmember Lewman, carried 6-0 (2) Entrance Drive Sign Motion by Councilmember Lewman "I would move that $5,588 be authorized for the entrance sign on W 29th Ave for the City Hall building "; seconded by Councilmember Donaldson; carried 4-2, with Councilmembers Pepe and Turner voting no (3) Access manhole to drainage pipe on W 29th Ave Motion City Council Minutes June 19, 1978 Page -3- by Councilmember Cavarra "I move we authorize the addition of an access man- hole to the concrete irrigation pipe along the south side of W 29th Ave approximately 80 feet from west end including concrete manhole C I ring and cover and revise concrete pipe; at $1600, Account No 31-504-811", seconded by Councilmember Donaldson, carried 4-2, with Councilmembers FIasco and Turner voting no (b) Change from Mountain Bell Tela-Lease Agreement to a Two-Tier Payment Plan (in accordance with PUC order) Motion by Councilmember FIasco "I move the City of Wheat Ridge elect to co~rt the Tela-lease Agreement with Moun- tain Bell to a Two-tier Payment Plan and that the Mayor execute the Tela- lease Transition Authorization", seconded by Councilmember Lewman, carried 6-0 (3) Budget Revision #2 of City Hall Construction Budget, Acct No 31-504-811 Motion by Councilmember Cavarra "I would so move that the Council approve the ~ecommended revision #2 as presented", seconded by Councilmember Lewman; carried 6-0 Item 6 Bus Fare Reimbursement Program Motion by Councilmember Lewman "I move that the City establish an employee bus fare reimbursement program with the City paying 50% of the monthly cost of the bus pass, and that a budget transfer resolution be prepared to allocate funds to the program", seconded by Councilmember Turner Concern was expressed by Council for reasons of proprietv and discrimination Motion carried by vote of 4-2, with Councilmembers FIasco and Pepe voting no Item 7 --- Award of Bid Motion by Councilmember Lewman "I move that the lowest and best bid be awarded to Your valet of Wheat Ridge at 5800 W 44th Ave, Wheat Ridge, Colo , !2~_leanin~~-P_E~~sing of Police personnel uniforms at the prices scheduled for individual items; and that Police personnel be authorized to have two uniforms per person cleaned and pressed each week according to the stipulations in the bid request, to be charged to Account 01-203-641 or 01-202-641, depending upon which division to which the Officer is assigned", seconded by Council- member Turner; carried 4-2, with Councilmembers FIasco and Pepe voting no Item 8 Renewal of 3 2% Malt Beverage License Motion by Councilmember Turner "I move to approve the 3 2% Beer Retail License for Chisum's Super Market at 10019 W 26th Ave , Wheat Ridge, Colorado", seconded by Councilmember Lewman, carried 6-0 Item 9 -- ~roval of fees to attorney Steven Hannon Motion by Councilmember Cavarra "I move that we authorize payment of fees to attorney Steven Hannon for adjudication of the well on the Municipal Building property at a cost not to exceed $2500, to be charged to Account 01-607-793", seconded by Councilmember Donaldson; carried 6-0 Item 10 Acceptance of Deeds Motion by Councilmember Cavarra "I move City Coun- cil authorize the Mayor to accept the deeds from Phillip G and Lillian Marie Edwards and George T and Edna Anna Swartwood for property at 1129 5 and 11315 W 44 t h Ave ", seconded by Councilmember Donaldson Council expressed concern re need for legal survey of property, and recording thereof Mr Hobbs stated the legal survey was performed by Lane Engineering; that property has been staked It was suggested the Survey could be placed on file with the Deeds in the office of the City Clerk Motion carried by vote of 4-2, with Councilmembers Lewman and FIasco voting no Mayor's Matters Mayor Phillips summarized his Memo of June 16, 1978, and the proposed Resolution re Open Space The proposed Resolution supports use of Jeff Co Open Space Funds for Acquisition, Development and for the Procurement of Water Rights in Requesting that said funds be distributed and administered on an equitable basis Betty Seeland, 47 Flower St , Lakewood, representing the League of Women Voters, presented the opposing comments and recommendations of the League Motion by Councilmember Donaldson "I move that we put this (proposed Resolution) oU--the Agenda, to be written up as a Wheat Ridge Resolution to be voted upon", seconded by Council- member FIasco, carried 4-2, with Councilmembers Turner and Lewman voting no City Administrator's Matters Item 11 Invitation from Carnation Festival to participate in Parade (City float) and consideration of City renting booth It was Council consensus that City will participate with a float Jim Reser, 4450 Holland, Chamber of Commerce, stated the 1978 theme is "Carnation Sunburst" City Council Minutes June 19, 1978 Page -4- Offer of Earl & Gerry Kimmel to sell two inches of water from the Rocky Moun- tain Ditch Head Gate #42 to City at total price of $2425; Account No 19-503- 801, and Budget Transfer Resolution Councilmember Donaldson introduced the Resolution, numbered 582 and title read by the Clerk Motion by Councilmember Donaldson "I move for the adoption of Resolution No 582"; seconded by Councilmember Lewman, carried 6-0 Motion by Councilmember Lewman "I move to authorize the Mayor to enter into the agreement for the purchase of the water", seconded by Councilmember Cavarra, carried 6-0 Item 12 Council Members' Matters Item 13 Proposed Council Member Representatives to the Salary Study Committee Councilmember Cavarra announced the Council representatives to the Salary Study Com- mittee are Joseph M Donaldson, Anthony N FIasco, and Mary Jo Cavarra Councilmember Cavarra suggested that City Attorney be asked to review the ordinance setting up the position of the City Administrator for compliance with the City Charter, and to place this on the August Study Session with any necessary revisions Unfinished Business It em 15 Selection of Codification Company (Tabled at June 12th meeting ) Motion by Councilmember Lewman "I move to remove this matter from the table", seconded by Councilmember Cavarra, carried 6-0 Scope of services required was dis- cussed Amended motion "I move that all bids for the codification of our ordinances be rejected because the level of services specified was incorrect in the bid package, the bids submitted were incomparable in substance and detail, and that the contract be rebid again, including the three original bidders" Amending motion by Councilmember FIasco, seconded by Councilmember Pepe, carried 6-0 Original motion by Councilmember Lewman, seconded by Councilmember Cavarra, motion as amended carried 5-1, with Councilmember Pepe vot- ing no Item 16 Motion presented by Councilmember FIasco re City Engineer line of respon- sibility (Deleted) Councilmember Lewman presented motion "I move that the policy for the 1978-1979 Street Program, paving program, be that the program begin near 38th & Sheridan and end near 38th & Youngfield, and in 1979 begin near 38th & Youngfield and end near 38th & Sheridan", seconded by Councilmember Turner Concern was expressed by Council as to feasibility of policy Motion defeated by vote of 3-3, with Councilmembers Pepe, Cavarra, and Donaldson voting no Committees' and Commissions' Matters Resolution to authorize continuation Reappointment of Members Councilmember Donaldson introduced the Resolution, numbered 583 and title read by Clerk Motion by Councilmember Pepe "I move to adopt Resolution 583", seconded by Councilmember Donaldson Arthur Gardner, 7035 W 37th Ave, committee member, rec- ommended continuation Motion carried 6-0 Motion by Councilmember Donaldson "I move to reappoint Robert Foulk, Arthur Gardner, Shannon Geis, Charles Hahn, Ken Lewis, Ray J Sweeney, and Wayne Welch to the Police Advisory Committee for a term of June 29, 1978 to June 28, 1979"; seconded by Councilmember Cavarra, carried 6-0 Council Item 18 of Police Advisory Committee, and MEETING ADJOURNED p m APPROVED 0# r F.Ro.'1 ..,. ~rilJJted ,to. 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