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HomeMy WebLinkAbout10/09/1978 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO October 9, 1978 At 7 40 pm, October 9, 1978, Mayor Phillips called the Four Hundred Twenty- sixth Regular Meeting of the City Council to order Council Members present were Mary Jo Cavarra, Joseph M Donaldson, Anthony N Flasco, 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, Department Heads Richard H Bredt, Douglas Hilyard, Clyde E Hobbs, Chief Ed Pinson, and Charles Stromberg, staff, and interested citizens Approval of Minutes MOTION by Cm Donald-son "I move for the approva 1 of the mi nutes of the meeting of September 25, 1978, as printed", seconded by Cm Turner, carried 6-0 No one was present to speak under Public Comment Public Hearings and Ordinances on Second Reading Item 1 Ordinance No 295 amending Section 1-7 of the Code of the City of Wheat Ridge, re Issuance of Summons and Complaint to Violators, Continuing Violations Cm Donaldson introduced the ordinance on second reading, Clerk read title MOTION by Cm Donaldson "I move for the adoption of Ordinance 295 on second reading and order it published", seconded by Cm Turner, carried 6-0 Ordinances on First Reading Item 2 Ordinance No 289 regulating motor driven vehicles on private property MOTION by Cm P~ "I move we remove this ordinance from the table", seconded by Cm Lewman, carried 5-1, with Cm Flasco voting NO After discussion that there was a substitute ordinance available this evening, MOTION by Cm Cavarra "I move that Ordinance 289 be denied on first reading", seconded by Cm Lewman, carried 6-0 Ordinance was introduced by Cm Cavarra, numbered 297, and the title read by the Clerk The discussion involved that there was no provision regarding noise It was explained that noise provision equipment would be expensive, would also require a qualified technician to ope- rate it, and noise provisions have not worked very well in other Cities The City Attorney stated that it might be possible to make this applicable to the Model Traffic Code, and he would look into it Another provision requested would be to add Section 2 (d) to include any private property MOTION by Cm Flasco "I move that Ordinance 297 be deferred for a one-month per- iod to allow the Attorney sufficient time to work with the repre- sentatives from Ward 3, and the Chief, to iron out the apparent discrepancies", seconded by Cm Donaldson, carried 4-2, with Cms Lewman and Turner voting NO (Ord 297 to be brought back on November 13 for first reading Item 3 Ordinance repealing and reenacting Article IV of Chapter 2 of the Code of the City of Wheat Ridge, Colorado, establis~ the Civil Service/ Personnel Commission, Animal Control Commission, Parks and Recreation Commission, Arborist Board, Building Code Advisory Board, Planning Commission, and Board of Adjustment, and repealing Article V of Chapter 2 of the Code of the City Ordinance introduced by Cm Donaldson, numbered 298 and the title read by Clerk MOTION by Cm Donaldson "I move for the adoption of this ordinance on first reading and order it published, and that hearing be set for Monday, October 23, 1978, at 7 30 pm, in City Council Chambers at 7500 W 29th Ave, Wheat Ridge, Colorado, and that the ordinance, if approved on second reading, take effect fifteen days after final pub 1 i cat ion", seconded by Cm Cavarra Amendments suggested to the Ord i nance are as follows (a) Page 2, paragraph 3, the word "approximate" be changed to "approximately", (b) Page 3, paragraph (b), the word "chairperson" be changed to "chairman", (c) Page 3, Section 2-19, a slash be inserted between "Civil Service" and "Personnel Commission", and (4), that "Deputy Court Clerks" be added, (d) Page 4, that "Personnel Civil Service" be changed to "Civil Ser- vice/Personnel" MOTION by Cm Turner "I move that those changes be made", seconded by City Council Minutes October 9, 1978 Page -2- Cm Cavarra, carried 6-0 Concern was expressed that members of the Boards and Commissions had not received the ordinance for their study Mr Jerman stated that he will see that one is mailed to each one along with a memo telling them the date of the Publ ic Hearing MOTION by Cm Cavarra "I wou 1 d move that one more correction be made on page 4, last section of (f) that 'It will be understood that nothing in this Section shall be con- strued as preventing any board or commission member from any poli- tic a 1 act i vi ty , ", seconded by Cm Fl asco, carri ed 6-0 MOTION to adopt as amended carried 6-0 Item 4 Ordinance repealing and reenacting with amendment, Sections of the Code of the City of Wheat Ridge pertaining to Sales Tax, Use Tax and Utilities Tax Ordinance introduced by Cm Lewman, numbered 299 and title read by the Clerk MOTION by Cm Lewman "I move that ordinance 299 be adopted on first reading, and ordered published, and that a Public Hearing be set for Monday, October 23, 1978, at 7 30 pm, at City Council Cham- bers at 7500 W 29th Ave, Wheat Ridge, Colorado, and that the ordinance, if approved on second reading, take effect January 1, 1979", seconded by Cm Donaldson, carried 6-0 Decisions, Resolutions, and Motions Item 5 Award of Bid Traffic Signal Installation at intersection of W 29th Ave and Wadsworth Blvd Purchasing Agent Beth Phillips reviewed the Bid, it was staff recommendation that the street improvement phase be deferred because of the costs Terry Southwell, representative of CH2M Hill, said that if Phase II went out to bid in February or March, the beginning of street sea- son planning, we would probably get a more competitive bid Mr Jerman stated that the bulb at the intersection near the Hayward house could be removed in- house Mr Hobbs requested contingency and authority to make change orders when difficulty would be encountered during the project Council preferred to have the change orders brought back to them MOTION by Cm Lewman "I move the lowest and best bid for Phase I Traffic Signal Installation be awarded to Howard Electric Company at a cost not to exceed $30,943 25, to be charged to Account No 31-504-843, and that all bids for Phase II intersection construction be rejected at this time through a lack of funding ability", seconded by Cm Cavarra, carried 6-0 Cm Turner stated that she wanted the record to reflect that she would like to see no action taken on Phase II until we have time to completely analyze the situation after the signal is in operation Item 6 Recommendation concernin reservation work on Richard's Mansion Hart Estate Mr Bredt referred to the memo in Councilmembers' Packet, discussing three possible funding methods (1) total funding by the City of Wheat Ridge, (2) 50% funding by the City and 50% Federal funding by use of Federal grant monies, and (3) use of City of Wheat Ridge's attributable share of Jefferson County Open Space monies (contingent on passage of November ballot proposal) Estimated cost of renovation $128,000 It was felt that the decision would be premature until after said election, and, furthermore, that since it was so expensive, it should be delayed in preference to higher priority needs The only items suggested to be looked into would be the roof and any other necessary repairs so that the house would not deteriorate Mr Bredt to bring specifications and cost estimates back to Council He also mentioned that the garage should be removed He was asked to be sure it has no historic significance before it is removed Item 7 Resolution approving purchase price, terms, and conditions for the acquisition of the Mugele property for Parks & Open Space purposes Resolution introduced by Cm Lewman, numbered 606 and title read by the Clerk MOTION by Cm Lewman "I move that Resolution 606 be adopted", seconded by Cm Cavarra Discussion involved the gravel mining possibility and if the County Open Space funds might be used To date, the County has not offered the use of their funds Cm Lewman said that the County, however, had made a commitment that any monies realized from gravel mining would go back into Wheat Ridge's Open Space Fund, and a letter is expected to that effect MOTION by Cm Flasco "I move that this resolution be tabled for a 2-week period, and that staff be directed to find out whe- ther the County is interested in mining it", seconded by Cm Turner, City Council Minutes October 9, 1978 Page -3- failed 2-4, with Cms Cavarra, Donaldson, Pepe, and Lewman voting NO MOTION to amend by Cm Turner "I move that in the section which says, 'now, therefore, be it resolved', instead of the wording as it is, to read, 'now, therefore, be it resolved that one of two alternatives be pursued (1) that the Board of County Commissioners be hereby requested to purchase the Mugele property for Parks and Open Space purposes from the Wheat Ridge allocation of the Jefferson County Open Space funds, and (2) the alternative, that the Board of County Commissioners be consulted as to the possibility of their purchas- ing the Mugele property with Parks and Open Space funds from the Jefferson County allocation, with the transfer to Wheat Ridge a possibility which could be worked out at some future time following the extraction of gravel from the site", motion was seconded by Cm Flasco, failed 2-4, with Cms Cavarra, Donaldson, Pepe, and Lewman voting NO MOTION to adopt carried 5-1, with Cm Flasco voting NO Item 8 Resolution authorizing execution of contractual agreement between City of Wheat Ridge and Colorado State Department of Highways for construc- tion of frontage road on State property connecting at W 48th Ave & Otis St Phil Demosthenes, Colorado Department of Highways, was present to discuss the State plans which include the road to be two ten-foot traffic lanes of asphalt and an additional eight-foot bike/pedestrian lane separately striped, and where there is a retaining wall with a dropoff, an adequate safety barrier would be provided The acc~sunder Wadsworth would be sixteen feet wide with an eight- foot clearance The sixteen-foot path would be eight feet of concrete and eight feet of compacted dirt As to the possibility of access parking to Johnson Park on the east side of Wadsworth, there has been no decision at the Department of Highways--waiting to see the final planning MOTION by Cm Lewman "I move that Resolution 607 be adopted as printed", secondedbyCmTurner, carried 6-0 Item 9 Approve payment #12 to Lillard & Clark Construction Co , for Municipal Building construction, in the amount of $165,462, charged to Account No 31-504-811 Duane Sirhal, HDR, was present to speak to the situation Mr Sirhal stated that we are not paying for anything in this requested payment that has not been completed, and read the letter of October 6th of Lillard & Clark Council concerns were the items still unfinished on the Punch List, as well as Change Orders 6 and 7, that a final Certificate of Occupancy had not been issued, as well as the recently identified problems It was explained that the amount requested, $165,462, was requested for the period of time through July 31, 1978, that the $5788 retained was sufficient to cover the Change Orders and Punch List, that the Performance Bond and one-year warranty would protect the City from any other problems Cm Cavarra moved that the payment be made, but it died for lack of a second Item 10 Authorize Mayor to execute Housing Authority (DHUD) Cooperation Agree- ment re Dispersed New/Existing Low Income Housing City Attorney Lambert explained that there had been added to the contract a Section 3(d) that in the event of non-payment, a lien could be placed upon the property This was rejected by the Housing Authority as "not within Fed- eral guidelines" It was asked (1) if instead we could insert "if the local Authority has not made this payment, the City may consider the contract broken", or (2) if there were any place in the contract for Wheat Ridge criteria MOTION by Cm Cavarra "I would move to defer this until staff is able to resolve Thequestions raised tonight", seconded by Cm Donaldson, carri ed 6-0 Item 11 Renewal of 3 2% Fermented Malt Bevera e Licenses for (a) Tenneco Oil Co , 12700 W 32nd Ave, and b Southland's 7-Eleven Store at 6595 W 44th Ave MOTION by Cm Lewman "I move to approve the renewa 1 of the 3 2% Fermented Malt Beverage licenses for Tenneco Oil Co for its location at 12700 W 32nd Ave, in Wheat Ridge, and for the South- land Corporation 7-Eleven Store at 6595 W 44th Ave, Wheat Ridge, Colorado", seconded by Cm Turner, carried 6-0 Item 12 Budget Transfer Resolution adding an appropriation for Municipal Building Elevator Maintenance DEFERRED for one week City Council Minutes October 9, 1978 Page -4- Item 13 Budget Transfer Resolution changing certain line item expenditures within the Police Department Budget Resolution introduced by Cm Donaldson, numbered 608 and title read by the Clerk MOTION by Cm Lewman "I move to adopt Resolution 608 as printed", seconded by Cm Donaldson, carried 6-0 Item 14 Criteria for evaluating sites - low and moderate income housing Council wished item 3 of the Criteria broadened to include numbers of dispersed units per acre and to limit the number of units in one place Deferred one week for this change and to be included with the Regional Housing Opportunity Plan (RHOP) and the Housing Authority (DHUD) Cooperation Agreement Mayor's Matters The Mayor stated there is a meeting the evening of October 11 on Open Space, that he is unable to attend, and asked if anyone else could No one was available to attend Council Members' Matters Item 15 Submission of Revised Reapportionment Population Data A corrected map was distributed Council meeting of October 30th is set for discussion of reapportionment City Administrator's Matters City Administrator had no matters for discussion Council Members' Matters (Cm Pepe) MOTION by Cm Pepe "I move the City Council request the Plan- ning Commission to remove the PF zoning of Columbia Heights School from the table and send their recommendation to City Council by November 13th", seconded by Cm Turner, carried 6-0 (Cm Donaldson) MOTION by Cm Donaldson "I move that the above statement be entered into the minutes of this meeting and that a copy of the minutes be sent with a cover letter to the Area Four Planning Com- mittee Secretary, Dougal Graham", seconded by Cm Pepe, carried 6-0 Cm Donaldson also read the response ("above statement") "The Wheat Ridge City Council hereby responds to the Area Four Planning Committee which by Resolution expressed 'No Confidence' in and requested re- placement of three Planning Commission members-Bonnie Scoma, Wayne Preston and Robert Reischman who reside in Ward I The Wheat Ridge City Council hereby acknowledges receipt of said Resolution, dated 9/25/78 and though deeply disturbed by its contents will give the matter due and careful consideration" (Cm Turner) Cm Turner stated that she would like to attend the National Humane Assoc rather than the National League of Cities and, since she had already attended a conference in Albuquerque this year, requested Council permission MOTION by Cm Cavarra "I move that Mrs Turner be allowed to attend the Humane Conference in Miami, at approximately the end of Novem- be r 1978", seconded by Cm Donaldson, carri ed 5-1, with Cm Turner abs ta i n i ng Cm Turner also spoke re the street program that the area of Wright Ct off 32nd had been deleted until construction was completed The developer is now about to pave the cul-de-sac and asked Council to reconsider MOTION by Cm Turner "I move that Wright Ct north of 32nd to the cul-de-sac be paved at this time, and that we direct the staff to come in with a Budget transfer resolution next week transferring $5,000 for street paving only for Wright Ct , limited to the portion which is not being done by the developer, and that we give the Director the authority to initiate a contract together with the developer, using prices that are compatible with prices in the Street Program", seconded by Cm Donaldson, carried 6-0 Council Committees and Commissions Matters Item 16 Appointments to Animal Control Commission and Police Advisory Committee MOTION by Cm Flasco "I move that Mr William A Donaldson who resides at 2909 Chase St , Denver, Colorado, be appointed to the Animal Control Commission", seconded by Cm Pepe, carried 501, with Cm Donaldson abstaining since the appointee is his son City Council Minutes October 9, 1978 Page -5- Item W 44th Avenue Jim Reser, 4450 Holland St , representing the W 44th Ave Committee, was present to ask direction from Council regarding the possible application of a grant for 44th Ave which might result in a street wider than needed, or if Council wished to accept the responsibility for developing a street to meet the present needs, not by Federal standards Coun- cil Members stated that since the last application had been turned in there has been a change in criteria for a Grant, and that the Committee's purpose was designing what kind of street they wanted This information would then be given to Urban Systems through the staff, ie, City Engineer Adjourned at 11 25 P m -' - /-'~ --:7.'"--~ ../1 t'rTY ~i[R~C'ARO{/F ( ~P1~-?'~ cfh pjk APPROVED Ic'//c./;;% l/J , , 1[)i;;~rib!Jtec to: - Council ln1'lt9: 10/12J78 Mayor From ,~1ty Clerk: City Mm , ,(ty Tr-eas; City tv ~ In",,~ '_\,.~" .. 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