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HomeMy WebLinkAbout12/18/1978 ., CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO December 18, 1978 At 7 40 pm, December 18, 1978, Mayor Phillips called the Four Hundred Thirty- fifth Regular Meeting of the City Council to order Council Members present 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 Administrator John A Jerman, City Attorney Edmund G Lambert, Department Heads Richard H Bredt, Douglas W Hilyard, Clyde E Hobbs, Charles Stromberg, Chief Ed Pinson, City Treasurer James 0 Malone, staff, interested citizens Approval of Minutes MOTION by CM Donaldson meeting of Decem~er 6-0 No one appeared to speak under Public Comment Ordinances on Second Reading and Public Hearings Item 1 Ordinance No 300 providing for adoption by City Council of Six Quar- ter Section Zoning Maps as the Official Zoning Maps of the City Mr Stromberg, Director of Community Development, requested that the Ordinance be deferred to January 22, 1979, to give the Department time for makin~ the zoning map changes as previously discussed by Council and to be brought up later in the meeting under Item 11 MOTION by CM Donaldson "I move that Ordinance No 300 be tabled until January 22", seconded by CM Lewman, carried 6-0 "I move for the approva 1 of the mi nu tes of the 11, 1978 as printed", seconded by CM Pepe, carried Item 2 Ordinance No 303 amending Chapter 15, Article II, Section 5(k) of the Code (Re Parks/Recreational Facilities Hours) Introduced on second reading by CM Cavarra, title read by Clerk MOTION by CM Cavarra "I move that Ordinance No 303 be adopted on second read- ing and ordered published", seconded by CM Donaldson, carried 6-0 Item 3 Ordinance No 304 amendin Section 18-40, Contribution -- Limit on City, of the Code Re Policemen's Pension Fund Introduced on second reading by CM Lewman, title read by Clerk MOTION by CM Lewman "I move that Ordi nance No 304 be adopted on second read- ing and ordered published, subject to the amendment that the words, 'and all Police Dispatchers hired prior to January 1, 1979', be added to the end of the first paragraph, following the words, 'Police Department of the City'" Amending motion by CM Donaldson, seconded by CM Flasco, carried 4-2, with CMs Cavarra and Lewman voting NO MOTION AS AMENDED carried 6-0 Item 4 Ord No 305 repealing Ord No 261, and Ord No 282, Series of 1978, by providing for 5% Pay Increases for City Employees effective January 1, 1979 Introduced on second reading by CM Donaldson, title read by Clerk AMENDED MOTION "I move that Ordinance No 305 be adopted on second reading and ordered published with the amendment that Sec - tion II --City Administrator's Salary Range be 2,159 - 2,807, and that staff be directed to bring in a Budget Resolution that would change the merit increases to a total of 2% of payroll, rather than 3%, with the stated purpose to conform to the President's guidelines" The salary amendment was made by CM Turner, seconded by CM Flasco, carried 4-2, with CMs Donaldson and Lewman voting NO The merit in- crease amendment was made by CM Cavarra, seconded by CM Pepe, carried 6-0 MOTION AS AMENDED carried 5-1, with CM Lewman voting NO Item 5 Ordinance No 306 establishing E'lection Districts for the City of Wheat Ridge, by apportioning the City into Four Council Districts Introduced on second reading by CM Flasco, title read by Clerk MOTION by CM Flasco "I move that Ordinance No 306 be adopted on second read- ing and ordered published, and that a map of the redistricting accompany the legal publication", seconded by CM Pepe, carried 6-0 Decisions, Resolutions, and Motions Item 6 Decision on alternatives, Schedule IV, Lena Gulch Final Design (Continued from November 13, 1978) Mr Jerman reported that he had spoken with Mr Printz, and that he had been told Open Space funds can be used for land acquisition Brian Kolstad, Urban Drainage and Flood Control District, stated that after on-site inspection of Schedule IV and discussions with the landowners, he feels a compromise can be worked out, which would be a combination of several of the previously outlined alternatives The current possibility would be to purchase one apartment across the street from the Lucas' , D CITY COUNCIL MINUTES, DECEMBER 18, 1978 Page -2- house, put a box culvert by the Darr house, terrace the walls, and fit the ter- rain in the vicinity of the Jenkins, and that the problems west of Parfet would still need to be worked out with the people He expects that this compromise would be within ten percent of alternative #1, and the UD&FCD would participate wholly Letter from Mr /Mrs Lucas was read into the record by the Clerk Mr Jenkins spoke for a number of his neighbors and stated they felt that the com- bination could be worked out and be acceptable to these people Beverly Thyge- sen, as owner of the apartments between Parfet and Owens, also found a compro- mise acceptable Virginia Kelly stated that she found none of the alternatives acceptable as a large portion of the ground belonging to the people she repre- sents would be taken, and thought that some better solution could be found Mr Kolstad apologized for not speaking to that area and replied that he be- lieved the channel could be moved somewhat farther south, narrowed, and deepened, and perhaps an easement arrangement could be worked out so they could retain the use of the land MOTION by CM Cavarra "I move that we approve the alignment of Lena Gulch to generally follow the existing channel, that we ask Urban Drainage and Wright McLaughlin, engineers, to work with all property owners involved to arrive at a reasonable compromise, using a combination of several alternatives", seconded by CM Flasco, carried 6-0 Item 7 Renewal application for Class T - Tavern Liquor License for Caravan West, Inc , 11221 W 44th Ave Dale Long, 12050 W Dakota Pl , Lake- wood, of Caravan West, was present for Council questioning Council were con- cerned about some of the disturbance calls Mr Long stated that there had been seven or eight calls over the period of 365 days' operation, and had had no serious problems MOTION by CM Lewman "I move to set a Public Hear- ing for consideration of the renewal of the Class T - Tavern Liq- uor License for Caravan West, Inc 11221 W 44th Ave, Wheat Ridge, for the period ending December 31, 1979, Public Hearing date to be on January 15, 1979", seconded by CM Cavarra, MOTION FAILED 2-4, with CMs Lewman, Donaldson, Pepe, and Turner voting NO, CMs Cavarra, Pepe, and Turner stating they were voting no because there had not been any liquor violations MOTION by CM Turner "I move that Class T - Tavern Liquor License for Caravan West, Inc at 11221 W 44th Ave be renewed for the coming year, and that Mr Long be requested to take all possible precau- tions to try to keep disturbances to a minimum" Council also advised Mr Long that when disturbances did occur he should continue to call the Police Department for assistance Motion seconded by CM Pepe, carried 5-1, with CM Lewman voting NO Item 9 Award of Bid for Municipal Swimming Pool and Bathhouse Mr Jerman read the staff report regarding the bid award AMENDED MOTION "I move that all bids received for the swimming pool and the bathhouse be rejected based on the report and evaluation of the architect and the recommendation of the City Attorney and staff, and that the staff be authorized to advertise immediately for new bids on this project (that's two separate bids), that it be understood that there be no additional charge from the architects for this rebidding, that special precautions be taken to make sure requirements of bid are perfectly clear to all bidders, and that there are no irregularities as to any items being approved or any bid prices being given out by sub-contractors, subject to approval by the City Attorney and staff" Hank Salomon, Camp Dresser & McKee, stated that he believes the bathhouse was not bid successfully, that certain design cri- teria should be reconsidered and put out for rebid, but that the swimming pool bidders came within the Budget framework, and the bid had been executed in a proper manner, and should be awarded to the only responsive bidder George Tollefson, of Tollefson Construction Co , 1950 Taft Dr , Lakewood, Tom Pickens, representing Tollefson, David Hawes, Hawes Construction, Inc , Fort Collins, Fred Connelly, of Hendrie Co , Inc , Colorado Springs and Salt Lake City, and Edgar Johnson, 3700 Benton, of the Parks & Recreation Commission, all spoke regarding the bidding Original Motion by CM Donaldson, seconded by CM Lewman Amending motion by CM Cavarra, seconded by CM Donaldson Amending motion carried 5-1, with CM Pepe voting NO, motion as amended carried 6-0 Council questions involved the gutter and bulkhead system, and the ownership of the architects' work to date ~ CITY COUNCIL MINUTES, DECEMBER 18, 1978 Page -3- Item 8 Renewal application for Class T - Tavern Liquor License for Club Corner, Inc , 6551 W 44th Ave Lester E Zeller, 441 So Balsam, Lakewood, of Club Corners, was present for Council questioning Mr Zeller was questioned regarding the number and type of Police calls throughout the year Chief Pinson reported that the number of disturbance calls at this area had decreased over the year before and that the Police Department did want to be called when there is a problem Mr Zeller was asked to take necessary steps to decrease disturb- ances MOTION by CM Pepe "I move that the Class T - Tavern Liquor License for Club Corners, Inc at 6551 W 44th Ave, Wheat Ridge, Colorado, be renewed", seconded by CM Turner, carried 5-1, with CM Flasco voting NO, after stating he felt there was a potentially dangerous situation to the residents of the area Item 10 Report of meeting on W 32nd Ave Bikeway/Pathway Chuck Griffith, 11375 W 32nd Ave, and Bill Clark, both spoke, stating had not re- ceived information concerning the walkway meetings and were concerned as to why not, further, they urged consideration of the attached form which everyone who had attended the meeting desired Council reminded people that the motion had been passed in September to approve the meandering style for the bikeway/ pathway which had been sent to the State Highway Department for their bidding procedures However, it is hoped that something can be worked out with the people to keep the intent of separation where possible but not to do anything the owners would feel to be extremely detrimental to their property It was asked if some modification could be worked out so the walkway would not be so far into the yard and still be detached ten feet from the roadway, where possible Item 11 Motion to adopt Revised Procedure for Zoning Map Preparation as pre- sented at December 4 Study Session Councilmembers stated they had been receiving telephone calls about the proposed zoning changes Mr Stromberg replied that rather than changes, that the purpose was to create a zoning map with the zonings as they had been approved by either City Councilor, in the past before incorporation, by the County Commissioners MOTION by CM Turner "I move that the Procedural Guide for the Zoning Map Preparation, approved by City Council December 5, 1977, be changed as follows 1 The scale of the new zoning Maps shall be 1 200, 2 Zoning case numbers will be shown for all Planned Commercial Developments, Planned Residential Developments, Industrial rezonings, and any zoning cases with added stipulations 3 The zoning district boundary shall be identical to the legal description of the zoning case, but a note shall be placed at the bottom of each map indicat- ing 'zoning district boundaries go to the center line of all streets', 4 In all cases where a change in the zoning map is in excess of ten (10) feet, be it a change in zoning district boundary line or a change of zone, the change shall be made only after a public hearing before both the Planning Commission and City Coun- cil 5 Dimensions of zoning district boundaries shall be placed on the zoning maps where unplatted parcels of one (1) acre or larger occur 6 The line symbol delineating the corporate limits of the City of Wheat Ridge shall be further identified by the addi- tion of an irregular dot pattern", seconded by CM Pepe, carried 6-0 Item 12 Authorize Mayor to execute Housing Authority (DHUD) Cooperation Agreement re Dispersed New/Existing Low Income Housing DEFERRED until January 22, 1979 in order to have time to work out the language of the agreement Item 13 MOTION by CM Lewman "I move to authorize final payment to Henningson, Durham and Richardson, Inc , of Colorado, for Municipal Building Architectural Services in the amount of $13,402 80 charged to Account No 32-000-402 and $510 to be charged to the Account of 31-504-811", seconded by CM Turner, carried 6-0 Item 14 MOTION by CM Lewman "I move to authori ze staff to noti fy Howard Electric, immediately, in writing, that we intend to terminate their contract because of deficient performance, if no arrangement satisfactory to us is worked out within five days I further move, if the contract is terminated, to authorize Dial Electric to complete the unfinished portion of the existing con- tract at the specified rates", seconded by CM Cavarra, carried 6-0 c CITY COUNCIL MINUTES, DECEMBER 18, 1978 Page -4- Item 15 MOTION by CM Cavarra "I move that a three-year contract for codification and printing of the City of Wheat Ridge Code of Laws be awarded to the Municipal Code Corporation of Tallahassee, Florida and that invoices for this service be charged to Account Number 01-108-750", seconded by CM Lewman, carried 5-1, with CM Flasco voting NO Item 16 Resolution indicating support of the City for the retention of Lowry Air Force Base Introduced by CM Donaldson, numbered 623 and title read by Clerk MOTION by CM Donaldson "I move for the adoption of Resolution No 623 with the amendment to paragraph 4 to read 'Be it Further Resolved that the City of Wheat Ridge is opposed to any action to close this military establishment unless its continued operation can be shown to be an unnecessary expenditure of federal funds''', seconded by CM Flasco, carried 6-0 Item 17 Budget Transfer Resolution (year end) Introduced by CM Lewman, numbered 624 and title read by Clerk MOTION by CM Donaldson "I move for the adoption of Resolution No 624", seconded by CM Lewman, carried 6-0 Item 18 Mr Paul Gulman, 11673 W 44th Ave, #2, Wheat Ridge, who had applied for appointment to the Mass Transit Committee was present if Council had any questions MOTION by CM Turner "I move that Mr Gulman be appointed to the Mass Transit Committee", seconded by CM Flasco, carried 6-0 Council Members' Matters CM Lewman called attention to the State Highway Department letter relative to the availability of Inter-state Safety Funds CM Turner introduced the Resolution honoring Walt Johnson, numbered 625 and read in full by Clerk MOTION by CM Donaldson "I move for the adopt ion of Resol uti on 625", seconded by CM Turner, carried 6-0 City Attorney's Matters City Attorney requested an Executive Session regarding pending litigation MOTION by CM Cavarra "I move that we hold an Executive Session in respect to pending litigation", seconded by CM Flasco, carried 6-0 Mayor's Matters Mayor Phillips requested permission to have staff submit a supplementary, partial, or complete salary study to the Commissions and to City Council CM Flasco asked regarding his salary plan Mayor Phillips stated this would be ~eparate from that It was requested if salary studies are presented to Council, or several preliminary studies, it be in a form to be able to compare, and at a time when there is opportunity for study It was suggested that Coun- cil should not get into the details of such studies ADJOURNED at 11 45 p m -/~,ifm6 CAROL F HAMPF, CITY APPROVED /. ///5/)' I ~') . 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