HomeMy WebLinkAbout04/23/1979
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
April 23, 1979
The April 23, 1979 Regular City Council Meeting was convened by Mayor Phillips
at 7 35 p m Council Members present Mary Jo Cavarra, Joseph M Donaldson,
Anthony N Flasco, Gary L Lewman, Louise F Turner and Ray C Pepe Also
present City Clerk Carol F Hampf, City Treasurer James Malone, City
Administrator John A Jerman, City Attorney Edmund G Lambert, Department Heads
Clyde Hobbs, Chief Ed Pinson, Charles Stromberg, and interested citizens
Approval of Minutes
MOTION by Mr Donaldson "I move for the approva 1 of the Mi nutes of
the meeting of April 16, 1979 with the addition by Mrs Turner
(Addition to the end of the first paragraph, page 3, 'stating she preferred
the Council act on the resolution negotiating for the larger parcel,')"
seconded by Mrs Turner, carried 6-0
Proclamation of Mayor declaring NATIONAL TRANSPORTATION WEEK, May 13-19, 1979
Public Comment
Sheila Colburn, 11940 W 35th Avenue, Don Colburn, 11940 W 35th Avenue,
Dale Milich, 12005 W 35th Avenue, G E Hillenberg, 3391 Vivian Drive,
Barbara Brockman, 11715 W 33rd Place, Becky Honeker, 11735 W 33rd Place,
a 11 expressed the des ire for the "Hi 11 Area" to be i ncl uded in the Open Space
area Mrs Cavarra explained that the resolution for the smaller area had been
passed last week and, therefore, the way a change could be made according
to Council rules, would be to ask a Council Member voting on the prevailing
side to request reconsideration of the motion Robert D Smith, 2905 Xenon,
expressed his concerns regarding the 3000 Youngfield Development, especially
the drainage, the fence, and the need for a retaining wall Bruce McMillan,
2985 Xenon, stated he had read the Staff Report on the 3000 Youngfield Develop-
ment and found it acceptable if the procedures were followed Michael Littman,
Attorney representing 3000 Youngfield Development, was present to answer any
questions by Council
Item 1 Ordinance No 318 Repealing Sections 20-1 through Sections 20-16,
inclusive, of Chapter 20, Article I, of the Code of Laws of the
City of Wheat Ridge, pertaining to Excavation of Streets and Re-
enacting New Provisions And suggested amendments
MOTION by Mr Lewman "I move that Ordinance No 318 which was passed
on first reading on February 5, 1979 be rescinded in its entirety
and that staff be authorized and directed to prepare a new Ordinance
incorporating all of the proposed amendments included in the Agenda
attachments for the meeting of April 23, 1979", seconded by Mrs
Cavarra, failed 2-4, with Council Members Flasco, Donaldson, Pepe and TUrner
voting no, stating that they wished to take up the matter at this meeting
AMENDED MOTION to approve Ordinance No 318 on second reading and that it be
published and posted with the following amendments
(A) 1 Move paragraph 2 of Section 20-14 to Section 20-5 as subparagraph (d)
Delete remainder of existing See 20-14,
2 Incorporate the following paragraph as subparagraph (j) in Section 20-8,
(j) At no time will wet, soggy, frozen or other unsuitable material
as determined by the Director of Public Works or his designated rep-
resentative be allowed as backfill If proper backfill material is not
at the excavation, suitable material must be brought in and unsuitable
material removed from the site,
3 Relabel existing subparagraphs (j), (k), (1), (m), (n), and (0) Section
20-8 to (k), (1), (m), (n), (0) and (p) respectively,
4 New Sec 20-8A - Same - Exception - Utility Companies to read as
Utility companies as defined in Division 2 will comply with the re-
quirement of Municipal Code Sec 20-19 through Sec 20-23,
5 New See 20-9 to read as All excavations made in the unimproved city
streets, alleys or right-of-way shall be carefully backfilled and com-
pacted by the method described in Section 20-8 subparagraphs (e)
through (1) and (m) modified by deleting the words "with three (3)
inches off" in line 4,
CITY COUNCIL MINUTES April 23, 1979
Page -2~
6 Number See 20-9 as Sec 20-10, 7 Number See 20-10 as See 20~11,
8 Renumber Sec 20-11 as See 20-12, 9 Renumber Sec 20-12 as Sec
20-13, 10 Delete existing Section 20-13 in its entirety and substitute
the new Section 20-14 (Attached), 11 Substitute the words "Director of
Public Works" in lieu of the word "Mayor" in the following items
Sec 20-5 (b), (c) and (d), Sec 20-7 (b) and (d), and Sec 20-12 (c)
Sec 20-14 Contractor Guarantee prerequisite to issuance of permit
- Generally (a) the Contractor, by acceptance of the license, expressly
guarantees all work done by him for a period of one (1) year from and
after the date of final completion and agrees upon demand to maintain and
make all necessary repairs to the same during the above period without
additional charge or cost to the adjacent property owners or the City of
Wheat Ridge This Guarantee shall include all repairs growing out of
1 Imperfections or unsuitablility of material or composition,
2 Defects in workmanship, 3 Settling of fills or excavations,
4 Weather, 5 Any unauthorized difference in the work from that shown
on the approved plans, or 6 Damage to the work prior to completion of
construction The Guarantee shall extend to the whole body of the project
and the repairs under it may extend to a total reconstruction of the entire
project. if, in the judgment of the Director of Public Works, based upon
the plans, specifications and good engineer practices, such total recon-
struction is necessary Any repairs made shall be further guaranteed
for one (1) additional year from the date of completion and inspection of
the repair, (b) Thirty (30) days prior to the expiration of the one year
warranty period, the Director of Public Works shall perform a final in-
spection of the completed project The Director of Public Works shall in-
form the Contractor of any necessary repairs and after completion of re-
pairs shall issue a written notice to the Contractor that the completed
project is acceptable to the City of Wheat Ridge for maintenance No work
shall be considered accepted by the City of Wheat Ridge until all necessary
repairs are complete and the Director of Public Works has determined that
repairs or reconstruction of any project or part thereof are necessary
based on any of the acts or omissions enumerated hereinabove within the
Guarantee period, the action shall be as follows 1 Director of Public
Works shall by certified mail, return receipt requested, give notice to
the Contractor of the necessary requirements to bring said construction
into conformance with the plans and specifications, 2 Should the Con-
tractor dispute the necessity of repairs, he may request a hearing This
request shall be in writing to the Director of Public Works within seven
(7) days after the sending of the notice for repairs, 3 Should the
Contractor fail to object in writing within seven (7) days from the date
of notice, or should the Contractor fail to begin the necessary repairs
or reconstruction as required by the Director within ten (10) days from
the date of notice, the City may proceed to have such repairs or recon-
struction done and charge the cost of the same to the Contractor The
time to make the necessary repairs may be reduced by the Director of
Public Works when in the interest of public safety The time may also be
extended due to the complexity of the project or weather considerations
The Contractor shall have thirty (30) days after formal notification of
the cost of the repairs to make full payment to the City If payment is
not received within the thirty (30) day period, the City may institute an
action upon the Bond of the Contractor, or may cause to be instituted a
proceedings for the imposition of a lien upon the property of the Contractor
or the abutting owners, 4 If a hearing is requested by the Licensee,
the Director of Public Works shall set a time, place and date, and so
notify the Licensee Said hearing date shall be not more than forty-five
(45) days from the date of receipt of the request for a hearing The
Licensee shall be afforded a minimum period of seven (7) days between
service or mailing of the order and the hearing, 5 When a hearing is
conducted, the Licensee and other interested parties may be in attendance
Upon completion of the hearing, the Director of Public Works shall take all
evidence admitted under advisement, and shall within ten (10) days trans-
mit the findings and rulings to the Licensee The findings and rulings
shall be rendered in writing by certified mail or personal service, and
if appropriate, shall contain the date upon which the repair or recon-
struction shall commence, 6 All mailings shall be to the last known
address of the Contractor as shown on the License The Contractor shall
be considered notified if the mailing is returned by the United States
Postal Service with the notation that such mailing is either unclaimed
or undeliverable and the order was addressed to that address indicated
on the license application, (d) The decision rendered by the Director
of Public Works may be appealed within thirty (30) days by the Contractor
to that administrative body delegated by the code to hear such matters
CITY COUNCIL MINUTES April 23, 1979
Page ~3~
in accordance with the rules and procedures established by that body Such
body shall determine, after the taking of testimony of both parties, whether
or not the defect arose out of one of the hereinabove six reasons, and if
such is found to be the case, the Director's initial order shall stand,
(e) In the event of a hearing, the Director of Public Works may appoint
a qualified member of the Public Works Department to sit in his place as
the hearing official The final decision shall be rendered by the Director
of Public Works To Sec 20-4 add After the words utility companies in
1 i ne 1, "i nc 1 ud i ng Denver Water Board II Add to See 20- 5 the fo 11 owi ng
subparagraph (e) (e) When a street is overlayed by the City of Wheat Ridge
in a street paving program, the responsibility of any person/s, firms,
districts or corporations is removed The City shall cancel and auto-
matically release any escrows that are on deposit with the City after
a deduction is made from the escrow account or the appropriate district
or company is billed for the cost of stabilization of the street cut
(B) To strike the words "or a designated representative of the City" and add
under Definitions "Director of Public Works" where referred to in this Ordi-
nance, shall refer to the Director of Public Works or his designated
representative of the City
(C) 1 Sec 20-6 Add the words "to the Department of Public Works" after
the word inspection in first line, 2 Sec 20-7 Retitle as follows
Specifications - Streets classified as Local, Collector, Minor Arterial
and Major Arterial and Improved Alleys, 3 Add a new subparagraph to
See 20-7 which reads as follows (e) In lieu of excavation, tunnel con-
struction may be utilized if approved upon request by the Director of
Public Works, 4 See 20-8 Subparagraph (c) add the words "Office of
Safety and Health Administration (OSHA)" after the word Federal in last
line, 5 Sec 20-8 Subparagraph (d) add the word "minimum" after the
word "necessary" in first line, 6 Sec 20-8 Subparagraph (k) replace
AASHO with "AASHTO" in line three and the word "discretion" with the
word "direction" in line four, 7 Sec 20-8 Subparagraph (1) replace
AASHO with AASHTO in line three and the word "discretion" with the word
"direction" in line five, 8 Sec 20-10 Include the following sentence
at end of paragraph (m) Tests for mix content and density shall be made
at the direction of the City Engineer, 9 Sec 20-12 Subparagraph (c)
Add the words "and certified test results" after the word "numbers" in
line 10 Changes to items of MOTION TO AMEND ORDINANCE NO 318 as follows
(a) Item 2 in second line after the word "material" add the following
"when compacted, will not attain 95% of maximum dry density of AASHTO
T-180", and (b) Sec 20-14 Subparagraph (a) after the word "license" add
(See Sec 5-70 Code of Laws)
(D) That "CBR" be added to page 1 before "bearing value"
Original motion by Mr Donaldson, seconded by Mrs Turner Amendment A
by Mrs Turner, seconded by Mr Flasco, carried 6-0 Amendment B by
Mr Flasco, seconded by Mrs Turner, carried 4-2 with Council Members
Cavarra and Lewman voting no Amendment C by Mr Lewman, seconded by
Mrs Cavarra, carried 6-0 Amendment D by Mr Lewman, seconded by Mrs Turner,
carried 6-0 Motion as amended carried 6-0 Motion to amend by Mr Lewman
to add in Secti on 20-8 that "permanent aspha lti c concrete shall extend
six (6) inches in any direction from the cut edges that are in asphaltic
concrete", seconded by Mrs Turner, failed 2-4 Council Members Flasco,
Donaldson,.E.e.l2e and Turner voting no, stating that it would cost more and
is not necessary
Item 2 Ordinance No 326 amending Section 4-1 of the Code of the City of
Wheat Ridge, Colorado, 1976 Edition as Amended (Animals and Fowl
Definitions)
Ordinance was introduced by Mr Donaldson on second reading and the title
read by the Clerk MOTION by Mr Donaldson "I move that Ordi nance
No 326 be adopted on second reading and order that it be published
and posted", seconded by Mr Flasco, carried 6-0
Item 3 An Ordinance providing for the approval of rezoning from Restricted-
Commercial (R-C) to Commercial-One (C-1) for land located at 6695
W 38th Ave, City of Wheat Ridge, County of Jefferson, State of
Colorado Upon application of Bobby L Billen, Case No WZ-78-116
Ordinance was introduced by Mr Pepe, numbered 328, and the title read by
the Clerk MOTION by Mr Pepe "I move that Ordi nance No 328 be adopted
on first reading and ordered published, that a Public Hearing be
set for May 14, 1979 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 15
days after final publication", seconded by Mr Donaldson, carried 6-0
CITY COUNCIL~INUTES April 23, 1979
Page -4-
Item 4 An Ordinance adding additional job classification and amending
Ordinance No 305, Series of 1978, Section I, Merit and Civil
Service Classification (Sr Police Dispatcher)
Ordinance was introduced by Mr Lewman, numbered 329, and the title read by
the Clerk MOTION by Mr Lewman "I move that Ordinance No 329 be
adopted on first reading and ordered published, that a Public
Hearing be set for Monday, May 7, 1979, at 7 30 pm, in Council
Chambers at 7500 W 29th Ave, Municipal Building, Wheat Ridge,
Colorado, and that the Ordinance, if approved on second reading,
take effect 15 days after final publication", seconded by Mr Pepe,
carried 5-1
Item 5 Proposed revision of Municipal Building offices to provide additional
space for City Treasurer and provide offices for City Clerk (re-
quested by City Treasurer) (Deferred from April 9, 1979) (Plan
distributed April 2, 1979 )
Mr Malone explained that in order to accommodate the three (3) new people
budgeted for his Department, additional space is needed and that traffic to
the Accounts Payable and Payroll Departments should not come through the
area of the cash drawer Mr Lewman presented an alternate plan Action
on this item was deferred to May 7 for further study
Item 6 Approve payment to Arthur Young & Co , CPA, for professional services
in connection with audit of EDA Grant 05-51-00150 for Municipal
Building (Kenneth D Anderson, Arthur Young and Co )
Mr Kenneth Anderson of Arthur Young and Co explained that the increase re-
quested was due to additional work that had not been expected MOTION by
Council Member Cavarra "I move that the Ci ty authori ze payment to
Arthur Young and Co for professional services in connection with
the examination of the City of Wheat Ridge EDA Grant No 05-51-
00150 in the amount of $2,500", seconded by Mr Lewman, failed 3-3,
with Council Members Flasco, Donaldson and pep; voting no, stating that the
proposal indicated the cost was not to exceed 1,500 MOTION by Mr Flasco
"I move that we pay Mr Young's firm in the sum of $1,500 in
accordance with the proposal and it be charged to the Account
No 01-103-750", seconded by Mr Donaldson, carried 6-0 Copies of the
audit were distributed
Item 7 Request to Expand, Enlarge, or Modify Premises by Country Broker,
Inc , 10151 W 26th Ave (Class G-Hotel & Restaurant License
with extended hours)
Jim Wojcik, General Manager of the Country Broker, explained that they are
requesting the expansion for a May Festival to be held May 19, 1979, from
12 noon through 5 o'clock p m on the parking area to the north of the Bull
and Bear Council were concerned about the possible noise and security
aspects of confining liquor sales to the boundaries specified MOTION by
Mrs Turner "I move to approve the request to Expand, Enl arge or
Modify Premises by Country Broker, Inc , located at 10151 W
26th Ave, on Saturday, May 19, 1979, from the hours of 12 noon
through 5 o'clock p m only, with the recommendation to the
Broker that as much security as possible be provided to insure
that no 1 i quor 1 eaves the premi ses des i gnated", seconded by Mr Pepe,
failed 3-3, with Council Members Cavarra, Flasco and Donaldson voting no
Item 8 Motion to authorize City initiated application for rezoning of
Bolas property located at W 44th Ave and Miller St from PRD
to A-I
Mr Stromberg reviewed the history of Mr Bolas' property Mr Bolas stated
that because of a water moritorium, it would be a year to a year and a half
before he could get a water tap Otherwise, he would be able to start building
in less than a year's time At this time he is willing to build with a
maximum of 13 townhouse units as opposed to his previous 21 units per acre
MOTION by Mr Pepe "I move that the City initiate a rezoning
application on the Bolas property east of West 44th Avenue and
Miller Street, and the zoning shall be from Planned Residential
Development to R-2A and that the Mayor be auhtorized to sign
such a zoning application ", seconded by Mrs Cavarra, carried 5-1, with
Mr Lewman abstaining since he had testified at a previous hearing on this
subJ ect
CITY COUNCIL MINUTES April 23, 1979
Page -5-
Item 9 Budget Transfer Resolution on various Budget Adjustments for the City
Clerk's Office and Public Works Department
Resolution was introduced by Mr Lewman, numbered 643, and the title read by the
Clerk MOTION by Mr Lewman "I move to adopt Resolution No 643",
seconded by Mr Donaldson, carried 6-0
Item 10 Budget Transfer Resolution to authorize two custodial positions
(for Municipal Building) (Will abolish contractual janitorial
services for Municipal Building)
Resolution introduced by Mr Lewman, numbered 644, and the title read by the
Clerk Council Members questioned requisition for two (2) custodians, whereas
1 1/2 had been previously discussed Mr Jerman responded, whereas during the
previous discussion only the Municipal Building was considered, it had been ex-
panded to include the Anderson Building, Parks Shops, and Public Works Shops
AMENDED MOTION to adopt Resolution No 644 with the amendment that
it be for 1~ custodians with the appropriate numbers Original
Motion by Mr Lewman, seconded by Mr Pepe Amending Motion by Mr Flasco,
seconded by Mrs Turner, amendment carried 4-2 with Donaldson and Lewman voting
no Motion as amended carried 6-0
Item 11 Blanket Motion
A Approve purchase of traffic paint from Jorgensen Paint Company
(State bid)
B Accept deed from Harold C Wellman for 1 foot strip of land on
east side of Municipal Building site
C Approve final payment to Haworth, Inc for interior panels and
office work stations at the Municipal Building
D Amend Resolution No 636 to request Committee to present report
on or before May 15, 1979
Motion by Mrs Cavarra "I move to approve purchase of traffic paint
from Jorgensen Paint Company in the amount of $3,225 under State
bid, to be charged to Account No 01-304-660, to accept the deed
from Harold C Wellman for a parcel of land located on the east side
of the Municipal Building site, to approve final settlement to
Haworth, Inc for panels and office work stations at the Municipal
Building in the amount of $6,455 90, to be charged to Account No
31-504-811, and to amend Resolution No 636 to request the Committee
to present its report on or before May 15, 1979", seconded by Mr
Lewman, carried 6-0 --
Mayor's Matters
1 Mayor Phillips reported that the School Board did not accept our offer to
purchase the Old Fire House They are asking $16,008 33 on the basis of an
appraisal MOTION by Mrs Turner "I move that Council authorize the
City Attorney to purchase the Old Fire House at the price desig-
nated by the School Board, approximately $16,008 and that Council,
since it is not a regular item tonight, place it on the Agenda for
ratification next week (two weeks) and that staff will prepare a
Budget Transfer Resolution for approval at the same time", seconded
by Mr Pepe, carried 6-0
2 The Mayor announced the meeting tomorrow night to interview attorneys
3 The Rocky Flats Monitoring Committee had held a meeting in Council Chambers,
and since there had been some damage to the room, they had been sent a letter
indicating they would not be allowed to use the Municipal Building again
City Administrator's Matters
1 Mr Jerman distributed Management Memo No 4, giving the progress of twelve
different projects
2 Since the Travel Policy states that only one member of a department may
attend a conference, and three members of Planning Staff would like to attend
the Planning Conference in Aspen, Council are being asked to grant this re-
quest MOTION by Mr Lewman "I move to authori ze 3 members of the
Planning staff for $165 plus the use of the City car for the
Planning Conference in Aspen for June 23 and 24,1979", seconded
by Mrs Cavarra, carried 4-2, with Mr Flasco and Mr Pepe voting no
CITY COUNCIL MINUTES April 23, 1979
Page ~6~
City Attorney's Matters
City Attorney requested that their agreement be extended MOTION by Mrs Turner
"I move that the arrangements with the City Attorney be extended
until other arrangements have been made", seconded by Mrs Cavarra
MOTION to amend by Mr Flasco "I move to amend that it be extended un-
ti 1 May 7", seconded by Mr Pepe, amendment failed 3-3, with Council Members
Cavarra, Lewman and Turner voting no Original motion failed 3-3, with Flasco,
Donaldson and Pepe voting no MOTION by Mrs Turner "I move that the
arrangements with the City Attorney be continued until May 7",
seconded by Mr Flasco, carried 6-0
Council Member's Matters
Mr Lewman introduced a Resolution to fund the
Resolution was numbered 645 and the title read
Lewman "I move to adopt Resolution No
carried 6-0
City-Wide Cleanup Program
by the Clerk MOTION by Mr
645" , seconded by Mr Donaldson,
Item 12 Correct appointments to Board of Adjustment
MOTION by Mr Lewman that Claudia Worth be appointed to replace Mr Schillereff
whose term has expired, seconded by Mrs Turner, carried 6-0 MOTION by
Mr Flasco that Mr Winger and Mrs Lancaster be sent a letter
explaining the situation, that their appointments are held up until
settlement of the lawsuit, seconded by Mr Pepe, carried 6-0
Council went into Executive Session
Meeting adjourned at 12 30 a m
APPROVED
c; h h "1 0,t~
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