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HomeMy WebLinkAbout02/26/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO February 26, 1979 At 7 40 PM, Mayor Phillips convened the February 26, 1979 meeting of the City Council Council Members present Mary Jo Cavarra, Joseph M Donaldson, Anthony N Flasco, Gary L Lewman, Ray C Pepe, and Louise F Turner Also present 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, Clyde E Hobbs, Douglas W Hilyard, Chief Ed Pinson, and Charles Strombe~, staff, and interested citizens MOTION by Mr Donaldson "I move that the minutes of February 12,1979 be approved as pri nted", seconded by Mr Flasco, carried 6-0 No one spoke on Public Comment Public Hearings Item 1 Application by Dwaine R Richter for approval of a Final Development Plan No 2 (duplex) for property located at 13165 W 33rd Ave (approximately the northeast corner of W 33rd Ave & Zinnia Ct ) Mr Stromberg gave the staff summary, recommending approval, with the suggestion of the addition of the words "Stage 2" to the Final Development Plan, and entered Exhibits "A" - "E" into the record as evidence Dwaine Richter, 2860 Berry Lane, Golden, Applicant, indicated that additions had been made to the Final Development Plan as follows (1) The words "amended December 27, 1979", (2) The engineer's signature, (3) The fire hydrant, (4) Official Develop- ment Plan, and would add "Stage 2" as requested Robert Sonheim, attorney for the Homeowners Assoc , called Joseph O'Neill, 3238 Zinnia Ct , and Michael Mabee, 3278 Zinnia Ct , who spoke in opposition Robert Kessler, attorney for Dwaine Richter, responded to the opponents No one spoke in opposition at the Planning Commission Hearing on this Final Development Plan MOTION by Mrs Cavarra "I move that the application by Dwaine Richter for Final Develop- ment Plan, Stage 2, for property located at 13165 W 38th Ave, Case No WZ-78-20, be approved by the following reasons Notification and Posting Requirements have been met The property is within the City of Wheat Ridge, therefore, the Council has jurisdiction Proposed use is in accordance with the approved Outline Development Plan Applicant has met the concerns of the Planning Commission by showing the location of a fire hydrant on the southeast corner Final Development Plan needs to be labeled 'Stage 2' in accordance with City Council directives where a Planned Development consists of several development stages All the requirements of the Zoning Ordinance have been met The Final Development Plan is consistent with the Preliminary Development Plan approved by the City Council on December 11, 1978" Seconded by Mr Pepe, carried 4-2, with Council- members Flasco and Lewman voting NO Mr Flasco stated that he voted no because the stipulations were too vague and he does not know what the structure will look like Mr Lewman voted no because he felt it will bring an unnecessary hazard into the neighborhood Item 3 Ordinance No 318 repealing Sections 20-1 through Sections 20-16, inclusive, of Chapter 20, Article 1, of the Code of Laws of the City of Wheat Ridge, pertaining to Excavation of Streets and Reenacting new Provisions Mayor Phillips asked that the second reading and Public Hearing on Ordinance No 318 be deferred at the request of the Public Service Co and Mountain Bell MOTION by Mrs Cavarra "I move that the public hearing on Ordinance 318, second reading, be continued until March 12, 1979", seconded by Mr Lewman, carried 5-1, with Mr Flasco voting NO Item 2 Ordinance No 317 providing for Rezoning of Land located at approxi- mately W 49th Ave & Ward Rd , from C-1, R-C, and R-2 to I (Industrial), upon application of B A Wyatt, Wyatt Business Park And Approval of Outline and Preliminary Development Plans for a parcel located at 4940 Ward Road CITY COUNCIL MINUTES February 26, 1979 Page - 2 - Mrs Cavarra requested to abstain for the same reasons given at the first reading Council approved Mr Stromberg read the summary sheet and also pointed out the Statement of Intent, which he had just distributed, that he asked to have placed on the Outline Development Plan Alan Ojala, 6385 W 52nd Ave, Arvada, represented the Applicant, responded to questions of staff and Planning Commission re The southern entry, sewer facilities, water taps, the alley easement to the east, and water for fire protection MOTION by Mr Pepe that The land located at approximately W 47th Ave and Ward Road (rezoning) from C-l, R-C, and R-2 to Industrial be denied for the following reason(s) The Applicant did not give any reason why this land should be rezoned to Industrial, no statement was made, that the burden of proof is on the applicant, and the problems of the water situation apparently cannot be solved by the applicant, and that Ordinance 317 be denied for the reasons stated Seconded by Mrs Turner, motion for denial carried 4-1-1, with Mr Lewman voting NO, and Mrs Cavarra abstaining Item 4 Ordinance No 319 repealing Ordinance No 305, Series of 1978, providing for New Classifications, Pay Ranges and Pay Grades for City Employees, Effective April 1, 1979, and further providing fee and special contractual rates Ordinance No 319 introduced on second reading by Mr Flasco, title read by the Clerk MOTION by Mrs Turner "I move that Ordinance 319 be approved on second reading, and would further move that the 'Motions for Amendments' proposed (by Mr Flasco) be considered as one motion, with the allowance that anyone wanting to separate anything out might do so", seconded by Mr Flasco Mr Flasco read the "Motions for Amendment" paper (attached hereto and made a part hereof) Mrs Cavarra asked that the motion be split into a motion to approve the Ordinance and a motion to amend, and that Items "c" and "D" of the amendments regarding the "Personnel Officer" and "Director of Administrative Services" be deleted This request was granted Mr Flasco, in response to a previous inquiry as to the fiscal impact on the City, stated it should be some $43,116 per year if Ordinance 319 were passed in its first reading form Dennis Wetmore, Lt , Police Dept , requested that reconsideration be given to the PAS Study recommendations Geor~e Holte, Chairman, Personnel Commission, Dora Piccoli, Personnel Commission, spoke, urging the Personnel Commission's recommendations be adopted (Attached) Ed Hester, Civil Service Commission, recommended implementation of the Plan suggested by that Commission (Attached) The AMENDMENT ( as split out from Main Motion) CARRIED 4-2, with Councilmembers Donaldson and Lewman voting NO MOTION TO AMEND by Mrs Cavarra "I would like to offer an amendment, and I'll make this separate, concerning the Personnel Officer, that the Pay Grade be raised from 16 - 17, with the appropriate Pay Range", seconded by Mr Lewman, tied 3-3, with Flasco, Pepe, and Turner voting NO MOTION TO AMEND by Mr Pepe "I move that item 'c' Personnel Officer, Position Classification, 1001, Pay Range, from 16 - 15, and the new Pay Range, would be $1240 to a maximum of $1612", seconded by Mr Flasco, tied 3-3, with Cavarra, Donaldson, and Lewman voting NO MOTION TO AMEND by Mrs Cavarra "My next amendment would be the Director of Personnel Services be raised from Grade 21 to 22", seconded by Mr Lewman, tied 3-3, with Fl asco, Pepe, and Turner voti ng NO MOTION TO AMEND by Mr Pepe "I m 0 v e that Item 'D' Director of Administrative Services, Position Classification 1021, Pay Range from 21 - 20, new Pay Range, $1583 minimum to maximum of $2056", vote tied 3-3, with Cavarra, Donaldson, and Lewman voting NO AMENDING MOTION by Mrs Cavarra "As another amend- ment, this could be split out, because I am going to include three positions as recommended by the Personnel Commission, Items 5, 6, and 7, Recreation Program Coordinator Pay Grade 11 be increased to Grade 12, Park Ranger Naturalist I Grade 8 increased to Grade 9, Director of Parks & Recreation Grade 22 increased to Grade 23", seconded by Mr Donaldson (The Commission recommendations are attached to the original Minutes) Mr Flasco indicated that he would vote NO because he had not overlooked these positions in his recommendations--he had considered their pay grades It was requested that the motion be split into three parts Part 1 re Recreation Program Coordinator tied 3-3, with Flasco, ~epe, and Turner voting NO Part 2 re Park Ranger Naturalist I carrled 4-~ith Flasco and Pepe voting NO Part 3 re Director of Parks & Recreation tied 3-3, with Flasco, Pepe, and Turner voting NO AMENDING MOTION by Mr Lewman Mr Lewman said that in the last printing the Plann1ng Ch1et Pay Grade 19 had been excluded and made the motion "I move that that be added--exempt position", seconded by Mrs Cavarra Mr Flasco stated that he had not omitted the position but had left 1t out del1berately --it had been considered before, and it was felt the position was not needed CITY COUNCIL MINUTES February 26, 1979 Page - 3 - Motion carried 4-2, with Flasco and Pepe voting NO MOTION by Mrs Cavarra "I move that the Implementation Plan proposed by the Civil Service Commission be adopted", seconded by Mrs Turner Mr Flasco said he did not believe the implementation plan of longevity is necessary Motion tied by 3-3, with Flasco, Lewman, and Pepe voting NO MOTION TO ADOPT ORDINANCE AS AMENDED died 3-3, with Councilmembers Cavarra, Donaldson, and Pepe voting NO Ordinances on First Reading Item 5 Ordinance providing for the approval of rezoning from Agriculture- One (A-I) and Agriculture-Two (A-2) to Industrial (I) and an Outline Development Plan for land located at approximately the northwest corner of 1-70 and Tabor St , City of Wheat Ridge, County of Jefferson, State of Colorado Ordinance introduced by Mr Donaldson, numbered 320 and the title read by the Clerk MOTION by Mr Donaldson "I move that Ordi nance 320 be adopted on first reading and ordered published and posted, that a Public Hearing be set for Monday, March 19th, at 7 30 pm, in City Council Chambers at 7500 W 29th Ave, Municipal Building, Wheat Ridge, Colorado, and that the Ordinance, if approved on second reading, take effect fifteen days after final publication", seconded by Mrs Cavarra, carried 6-0 Decisions, Resolutions and Motions Item 6 Motion to place moratorium on Industrial Revenue Bond Financing for Low and Middle Income Housing Projects in Wheat Ridge for balance of 1979 r~OTION by Mr Lewman "I move that the Mayor be authori zed to respond to the letter from the Chairman, Board of County Commissioners of Jefferson County, stating that the City agrees that it will not authorize the issuance of industrial revenue bonds for low and middle income family housing for the balance of 1979, and that this motion is made in order to avoid conflict with the possible issuance of industrial revenue bonds for this purpose currently being contemplated by the Board of County Commissioners of Jefferson County", seconded by Mr Donaldson MOTION to amend by Mrs Turner "I move for amending the motion to leave out the words 'low and middle income housing' and insert the words 'for any purp J;E:''', seconded by Mr !)epe, failed by tie vote of 3-3, with Cavarra ---- " Flasco, and Lewman voting NO MOTION by Mrs Turner "I move to tabl e this until we get a City Attorney's opinion", seconded by Mr Flasco, failed by tie vote, 3-3, with Cavarra, Donaldson, and Lewman voting NO ORIGINAL MOTION to adopt carried 5-1, with Mr Flasco voting NO, due to his concern about anti-trust laws Item 7 Renewal of Class J - 3 2% Beer Retail License for Safeway Store located at 7252 W 44th Ave MOTION by Mr Lewman "I move to approve the type J - 3 2% Reta i 1 Beer License for Safeway Stores, Inc , located at 7525 W 44th Ave", seconded by Mr Donaldson, carried 6-0 Item 8 Suggested Polling Places for Precincts set at Council meeting of February 12, 1979 MOTION by Mrs Turner "I move that the following Polling places be used for Municipal Elections In Precinct 1 Columbia Heights School Precinct 2 Highland West Apartments In Precinct 3 Evangel Baptist Church Precinct 4 Martensen Elementary School Precinct 5 Kullerstrand Elementary Precinct 6 Wheat Ridge Lutheran Church, contingent upon okay from the Church Council Precinct 7 The Anderson Community Building Precinct 8 Fruitdale Elementary School", seconded by Mrs Cavarra, carried 6-0 Item 9 Motion re Executive Session concerning Litigation Matters (Kuhns vs City of Wheat Ridge (Police) and Johnson vs City of Wheat Ridge (Police)) MOTION by Mrs Cavarra "I move that we hold an Executive Session concerning litigation matters after the regular meeting",seconded by Mr Lewman; carried 6-0 CITY COUNCIL MINUTES February 26, 1979 page - 4 - City Administrator's Matters (1) That the Seal and Motto by Mr Smith will be installed by March 1st (2) That he had distributed Management Memo 3 (3) Called attention to the letter from the Colorado Department of Highways, Mr Brasher, re the W 32nd Ave Bikeway/pathway MOTION by Mrs Cavarra "I move that we accept the State plan with the following con- siderations that the State be allowed to award contracts on low bids up to 15% over the original engineers' estimate, that the City take an official position that 32nd Ave is to continue as a two-lane facility and there are no long-range plans for widening the s t r e e t", seconded by Mr Pepe, carri ed 4-2, with Fl asco and Turner voting NO Council Members' Matters Mrs Cavarra indicated she would be going to the National League of Cities Convention in Washington D C and will be absent from next week's meeting She has been appointed to the Financial and Government Steering Committee Mr Flasco asked that a building uses policy be brought to study session (April) Mr Flasco also requested the Personnel and Civil Service Commissions to review their rules and regulations regarding the Department Heads and the City Administrator being exempt from those rules, thus there being no appeal recourse Possible Charter conflict was discussed--City Attorney to rule on that on March 12th, and the Commissioners' report to follow a month later Mayor Phillips requested that a Saturday be set aside soon for a special study session to talk about City business Council asked Mayor to pick a date Council Commissions' and Committees' Matters Item 11 DRCOG Advisory Committee Appointments (Councilmember Gary L Lewman) Mr Lewman asked the matter to be deferred to a future Study Session Item 12 Motion to establish effective date of new Boards' and Commissions' appointments (Suggest March 2, 1979, and that the first meeting thereafter be an organizational meeting) MOTION by r~rs Turner "I move that all Commission appointments become effective as of the 2nd of March, and that all appointees be notified by mail, and that the first meeting will be in part an organizational meeti ng", seconded by Mrs Cavarra carried 6-0 Item 13 Appointments to Boards and Commissions pursuant to Ordinance No 309 It was brought up that Duane Storm, previously appointed, might not currently be living in Wheat Ridge--address to be verified MOTION by Mr Lewman "I would like to nominate Janice Thompson for the Parks & Recreation two-year alternate term", seconded by Mrs Turner, carried 6-0 Mr Lewman "Mrs Gale resides in District IV and the other person not in 4, therefore, I would like to make Mrs Gale a two-year regular member, and nominate Rod Killian for the three-year a 1 terna te term", seconded by Mrs Turner, carried 6-0 MOTION by Mr Pepe to adjourn at 12 20 a m ff~~{~~ CFH,pjk,chj, APPROVED :3 )Id /1'1 crJ-