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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amendments MOTION by Mr Lewman "I move that Ordinance No 318 which was passed on first reading on February 5, 1979 be rescinded in its entirety and that staff be authorized and directed to prepare a new Ordinance incorporating all of the proposed amendments included in the Agenda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~ f ,