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Home My WebLink About09/25/1989 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO September 25, 1989 The City Council ~eeting vias called to order by the hayor Dt 7 30 p n Counciln,E1JJbers present Kent [,avis, Tony Flasco, L01'is Ibbison, Larry herkl, ~;oe Keller, hancy ~now, handy \\est, ana Claudia v,ortl, Also present Lily Llerk, \\anub 0anb, City Administrator, hike Smith, Lity Attorney, John Hayes, Lirectur of Planning & LEvelo~ment, Glen Gioley, Chief of Police, Jack hurst, st8ff, ana interesteo citizens APPROVAL OF MINUTES of ~epLEmber 11, 198~ ~otion by hrs Ibbison tor the alJproval of the hinutes ot ~epteld)er 11, 1989, secondeo by hrs Keller, carried 8-0 ~ayor hiloe presenteo a portrait ot Jim ~alune, the City's first and only treasurer, ano one of the City's first three elected officials This portrait will be hung in Lity hall CITIZENS' RIGHTS TO SPEAK Vanida hest, 94t5 ~ 37th Avenue, co~plained about nasty phone calls being ~laced to her house and being answered by her son, which complaineo aLout the speeo lin,it on 3c.nd Avenue being 3') wph, ana alleging that her husband, handy kest, was responsible for accidents occurring on that street, since he was in favur of the 35 mph speed limit Dr Hobert hilsenroth, 64U'1 w 44th Avenue, relJresEnting the Animal Control Commission, relJorteo that the comwission wet last week to look into lebislation regaroing pit bull bans in the City at v.heat hidgE The y una n in, 0 us 1 y a g r e e d tor € co nnIJ e not hat C it Y Co u n c i 1 not ~ u r sue legislation banllinb any specific bree0 of dOb fur the following reasons 1 he have not seen an increase in oog Lites by any ty~e of dog in the Lity since 1983 c he oio not fino any Lreed pre-ois~osition on bites 0f the 79 bites in 1988, two were pit Lulls or 10it bull crosses, No 1 on the list is shepheros, No ~ is Labraoors, No 3 is ~paniels 3 hheat hio~e is ooing a fantastic job in aniwal control Stall :.,tokes, bc4lJ Vi 47th Place, askeu that Council ~ut any future Hesolutions on the Agenda first to let the publIC know what they are about ana then put thew on the tollowing Agenoa to be voleo on ~iarcie I::.mily, ';iG80 V. Avenue be reouccd and curve" 3cno Avenue, ask eo that the spEEa limit on 32nd that there be more lighting arouno "oead man's Sherman Spahr, 10990 \\ 3bth Place, askeo that with the aCljuisition of the wheat hidge Lumber property, Council consider re-aligning the entrance to ~ielo Park with Fiela Street north of 44th Avenue to make a true intersection there )vir f.lerkl rel--lieo that this is one of the reasons vlhy we purchaseu the property LITY CULhCIL ~I~LTL:., ::oepten,ber i5, 19b'1 Pabe -L- honalo Selstad, LOgU Larrar ~treet, obJecteo to the uuoset revision to raise Louncil's salary by ~O ~ercent Public Ofticials shoulo not be able to raise their own salaries, this shoulu bE: (Jane by a votE: at the people LOCAL LIQUOR LICENSING AUTHORITY MATTERS I ten, 1 AplJlication for Transfer of C,mership for "AftervJaros at Hidgeview", 4465 Larrison Street, hheat Hidse Applicant hary rrell,n,er, 44t5 Garl'ison :..itreet, was lJresent ana sworn in by the hayor, she answered Council's questions 1':otiotJ by I'Ts l<celler to approve the Trat sfer of Ownership ot a hotel & hestaurant Liquor License with extended hours for ~ary Sue Fremmer, dba "AftenJaros at hl06eview", 4465 Larrison street, j"heat hio6e I f~rther move to approve Chris Eowaro Sartori as the manager, seconoeo by l'r v.est, carrieo 7-1 ,Jith ~n; worth voting (,u PUBLIC HEARINGS AND ORDINANCES ON SECOND READING I ten, L Public heClring on the 1990 Annual buciset incluuing the General (GlJeratins), Capital Iwprovement/ProJects, Park Acquisition, Conservation Trust, ana lJpen ::opace Funes, fur the 1990 fiscal year Louise Turner, 11256 \\ 50th Avenue, was sworn in by the hayor She reaD a statement t rOl/J hheat hio6e Lni ted t,eighborhoods into the recoro, I,hich re6arcieo COll,tl,ents on the 1990 buoget--re1oair streets rather than expana, buy or 10reserve Open Space rather than develope, prepare a single sheet detailed Loning Map, don't escalate projects ueyono their need Itelii 3 Council Dill i5 - An Ordinance repealing ana reenacting various sections of Appendix A, Zoning Ordinance, of the Cooe of Laws of the City of Wheat Hidge relatin6 to Planneo revel 0 p n, e n tan d Ii 0 s pit alL i s t r i c t s Council bill L5 was introuuced on second reaoing by ~rs ILbison, title read by the Clerk, Ordinance No b07 assigned hr Gidley presenteo the case hotion by ~rs lLbison for the adoption of Council bill 25 (Oroinance 007) as printed, together with all the alu:endnjents in the. City Attorney's rnel/JO of August <-1, l'1bS, to aelete the woru "paid" unuer ~ection IV A k (5), ana under Section n b L J C,) ano auo under ~ection IV L b (5) "unless the building to be constructed will be over 50 feet in height and not to exceed 65 feet, in which case the minimum area shall be 50 acres", and unuer Section IV, e L (1) "65 feet maximum is located on a parcel of 50 acres or more", second eo uy hrs !\eller hrs ::'now asked if hI'S IbLisutJ VJoulJ accept as a frielloly an,etJon,ent to ado the woros "otherwise 50 feet" ::"he ana seconu occejJteu CITY COGhCIL MINUTES Septewber .::'5, 1959 Page -3- ~rs Snow made a friendly amendment unaer P2Le It, (14) lb) put in the word "home" after 1I,obile, on page 30 (]J) Gesignation of the 100-year flooo plain where a10plicable add "and wetlands" First and secono accepteo these amendlllents un Fage 37"( change the word "important" to "required" ~otion as alTJenoeo carried 8-0 ORDINANCES ON FIRST READING Item 4 Louncil Sill ~7 - An Oroinance establishing the salary for the elected positions ot Mayor, ~erubers of Council, City Llerk, ano Lity 1reasurer, of the Lity of \\heat fUdge, aurin1=, the terw of Office cOfIJruencing NovefJJuer lj, 19b9 ana enoing November 11 1991, re]Jealing lJrdinance (jb, Series ot 1':107, ano providin~ for a n aut 0 ni a tic r e pea 1 and t e nil i n a t ion 0 t t his G r din a n c e Council bill <'.7 was ilJtroduceo by ~r ~jerkl on first reaciing, title read by Clerk Motion by ~r Merkl that Louncil bill c7 be approved on first reading, ordered publisheo, public hearing be set for ~onday, October 9, lYb9 at 730 p m in City Council Chambers, ~unicipal bldb , and if approved on second reaoinb, take effect Noveruber lJ, 1989, seconoed by hrs ~eller Motion by hrs ~now that C be changed to installwents ot $305 00, secondeo by ~rs ~r FIasco will vote against this because for the other Elected Officials Motion Failed 3-5 with Councilmerubers Snow, Feller, and yes read "3,960 10ayaule in monthly ~eller the City pays Social Security ~,orth voting ~Iotion by ~, r ~\ es t tha t the El ec ted 0 f fic ial s who vo ted aga ins t the pay raise not receive it if it passes, hotion died for lack of second Original Motion carried 7-1 with hrs horth voting No I terr, 'J Council Dill 28 - An Orciinance repeal in1=, Oroinance No 7b4, ~eries of 19b9, and approving an amendeci IntergovernfIJental Agreement between the City ot \\heat hid~e, ColoradO, and the Lity ot Lakewooo, Colorado, relating to the oesign and constructIon of ~est 3~nd Avenue Louncil bill 28 was introouced by Mr herkl on first reading, title reaD by Clerk hut ion by Mr Merkl that Council bill <'.d be alJproved on first reading, oruerec publisheo, public hearing be set for ~onday, October 9, 19b9, at 7 30 p w in Lity Council Chambers, hunici~al Llug , ana if approveo on second reading, take etfect 15 days after final publication, second eo by ~,rs :.,now, carrieu 7-1 with hrs horth votint, No Cll) CGUhCIL MINUTES S e p t e lli b e r c:: 5, 1 989 PaiSe -4- Item (:; Council Bill 29 - An Uroinance amending Section 13-2, Model Traffic Code, of the Code of La~s of the City of ~heat Ridge, by designating the Lirector of Public ~orks, or his Oesignee, as the "Traffic l<.ngineer" for purposes of traffic administration of the provisions of the Model Traffic Code, and further reservins to the City Louncil the authority to review anG establish speeo zones and speeo lillJits on local streets Council Gill 29 was introduceo by ~rs Snow on first reaoing, title reao by Clerk Motion by t'lrs ~now that Council bill <:'9 lE: a).!provea on first readin~, oroereo published, public hearing be set for Monday, Uctober 9, 1909, at 7 30 10 m in City Council Chawbers, t'unicipal Blug , and it approved on seconu readins, take effect immeoiately, seconaea by Mrs Keller, carrieo 6-", with Mr Lavis and Mr ~est voting No Item 7 DECISIONS, RESOLUTIONS, AND MOTIONS I tell, (; Resolution 116j - apprufJriatili6 adoitional suniS of riJoney in excess of amounts budgeted for the City of ~heat Rioge, Colorado, for fisc",l year 19b'::! hesolution l1b4 - allienoing the City of Wheat Hidse Annual Buoget for the fiscal year 1909 Motion by hrs Keller that Resolution 1163 awenoing the City of Wheat Ridge 1989 Annual Budget, and Resolution 1164 a~propriating funds for expenditure, be approved as submitted, seconoeo by Mr Merkl, carrieo 0-0 I tell, 9 Resolution 1165 - An Interbovernmental Agreement between the City of Wheat Ridge, Colorado, ana the City of Edgewater, Colorado, relating to the oesign and construction of improvements to West 29th Avenue between \\aosworth Blvd and Fenton Street Motion by hr herkl tor the aoo~tion of Resolution 1165, seconded by Mr Davis, carrieo b-O (hr ~ierkl also reao the title of the hesolution) Itew 10 Lio Award for Traffic Signal Installation Project hotion by t'lr West that the Younbfield/A)'!1olewooo Traffic ~ignal Installation Project (I-TSI 04-09), be awarded to ~ L Contractors in the amount ot their Liu of $j~,Ub4 I further move that a 10% contin6ency be establisheo in the amount at $5,,,,Ub I fur"th",r" iJiQVe that "'% of the bio alLount, lJOt to exceeo :eb4", , be allocated for paYluent ot any early cOllJpletion of the !JroJect I further ll,ove that a furce account in the allJount uf $~,500 be establisheo and that all costs associated with the project be charged to Acct No 30-304-045 I further move that the Director at Public \\orks be authorized to issue change orders up to the total !JroJect cost, not to exceed $3b,434, seconoeO by hrs Keller CITY COUNCIL MINUTl~ S e jJ t e lIJ b e r "- 5, 1 Yo S Page -5- fvr uavis asked that the word "any" be taken out, n,otion n,akEr and SEcono al.oreed ~otion by hr Nerkl that the 10% contingency ($3,208) be deleted from the bid, seconded by Mr Flasco, Failed 4-4 with Councilwembers FIasco, Ibbison, ~:erkl, and worth voting yes Vote on ori~inal wotion carried 7-1 with Nr Flasco voting No I tellJ 11 1, otion re Lopier RejJlaceffient Motion by hrs Keller that Aerox be designated the venoor for the City of Wheat Hidge's copiers I further ffiove that the fv,ayor be authorized to sil.on the leiise agreement for the City and that all costs be charged to the various using departments, seconoed by Nrs Worth, carried 7-1 with hr uavis voting Iw I tew 12 hot ion re boiler Insurance Freffiium hotiolj by I'T Merkl that $4,01 { be paid to Fred S J an,es Cc Conjpany of Coloraoo for boiler and machinery insurancE, to be charged to Acct No 01-610-701, seconoeo uy hr FIasco, carrieo 7-1 with hr West voting No I tell! 1 j Bid Awaro for 1~b9 Local Streets Imvrovement Project Motion by Mrs Snow that the lSLS Local Streets Iwprovewent Project be award eo to Colorado ~eal Ix Stripe in the amount of their bid of $99,903 17 I further move that a 10% contingency in the amount of $S,S90 be established I further move that a maximum of 2% of the bid amount, $1,998 06 be allocateo for payment of any early comvletion bonus that may be earned by the contractor I further move that a force account in the amount of $5,000 be established to cover work that may be required of others I further move that the Director of Public \\orks be authorized to approve all change orders up to the total project cost of $116,oYl ~3, that all costs be char~eo to Acct No jO-3U,,--040 I further njOVE that funds be encunbered for the length of the jJrOjEct which exvressly allows the eX1oenoiture at funds in 1990 for this project in accordance with Ordinance 707, 19b~ series, seconoeo by Nrs Keller ~j 0 t ion by M r IJ a vis t hat the w 0 r 0 " any" bet a k e tJ 0 u t, s e con 0 eo b y ~: r s Ibbison, carried 7-1 wi th ~,rs ~nOhJ voting No Original Motion carried 8-U It enj 14 bid Awaru for 198Y hiscellaneous Grainage Iwpruvewent Project fvotion by hrs Worth that the 19b':! Miscellaneous IJrainage Project be awarded to Wycon LonstructiotJ in the amount of their bid of $76,1,,-9 I further lIJove that a lU70 contin~ency in the amount of $1,613 be established I f'urther move that a ruaxiwuw of L~ of the bia amount, $1,5,,-~ 5b, be allocated for paYllJent of early con,pletion bonus that may be earned by the contr8ctor CITY COUNCIL MIhUTL~ Se[Jten,bel' 2'.J, 1 Yb9 Pa~e -0- I further wove that a force account in the amount ot $'.J,OuU be establisheo to cover work that I"ay be reljuired of others I further move th~t the Lirector of Public ~orks be authorized to approve all chalge orders up to the total lJruJect cost of $90,264 58, that $40,L64 55 be transferred from Acct No 30-303-840 into Acct No 30-302-033 I further move that funds be encumbered for the length of the pruJect which expressly allows the expenditure of funds in 1950 for this project in accordance with Ordinance 707, 1909 Series, seconded by hrs I\eller, carried 7-1 with hr Iavis voting No fvlotion uy hr Snow, t aileo Flascu for reconsideration of Item 14, seconded by hrs 3-5 with Louncilmembers Snow, Flasco, and hest voting yes I telJj 15 ApfJointDient to E.lection Conm,issiorl Motion by hrs Ibbison to ap).-oint bill v,i6~ins to the Election Cowmission, secondeci by hrs I\eller, carried o-U CITY ADMINISTRATOR MATTERS hike ~mith referred to the "lnformation Only" Item attacheci to the Agenda Council hau questions regardin6 prolJoseo Park Pavilions hike Smith stated that he would prepare a meDia answering their questions Mr herkl asked about a pruposed "tot park" at the next regular meeting with inforDiation at, what the cost is, and get it in here He asked that hr Bredt be on the tot park, where it's Motion by hrs Ibbison that we not build a picnic cover at the Gillhouse property at the present time until it has been gradeu and worked on, seconded by Mrs v,orth hrs I\eller called for the question, seconded by Mr Davis, carried 8-0 Motion failed ~-6 with Mrs Ibbison and Mrs v,ortt voting yes Council \ote was 5-j that on the October 2, 1989 Study ~ession they would discuss the Public v,orks reclassifications CITY ATTORNEY'S MATTERS John liayes stated that there was a potential problerL \-lith the contractors at ParaDiount Park ~j 0 t ion b y h r s S no" to au t[lG r i z e t Lea c c E. lJ t a II c e an () a 11 0 w the t I' e a sur e r to issue checks to any legally recogliizeo entity who then uecomes liable for cow1oletiun of the contract whether it be Yerkey or some assigns of his Contingent upon them waking a legal contract with the City, whioh woulo );rovioe for no aoditional COIJtract 8!IJOunt being sfJent, no change in the scolJe of the work, that a bond or existing bond be ).-laced and valio and subject to agreements that are accelJtable to the treasurer ana City Attorney, second eo by Mr ~est, carried 0-0 CITY CGlihCIL r-.It,U1ES Septerr, ber 2~, 1 C; 0 'J Page -(- At the City AttorrJey's reque"t, ~rs Keller lJ,oveo to Lola an Executive 0ession under ~ection 5 7lb)(1)(A) of the Charter, second eo by ~r herkl, carr iea b-lJ ELECTED OFFICIALS' MATTERS Tony ~lasco ~ave u~Gate on LkCGG's car pool ~robraru Dori" Ibbison llioveo for project, seconoed by Mr herkl voting yes reconsiaerCltion of the j~th & hiller oraiDage ~est, lailed ~-b with hrs Ibbison ano Mr Clauoia \;iorth con,plinlenteo hike 31rJith tor incluoing his letter in the candidate's packets, ste founa it very hel~ful Motion by Mrs heller to aruend the Executive Session wotion to aad Section 5 7 (t) (;:), seconoed by ~,rs Ibbison, carr'ieo 0-0 EXECUTIVE SESSION wAS HELD ~otion by Grs heller to adjourn, second eo by hr ~est, carried b-G heeting adJourneo at 11 jO )J n, j /. ~, \\anda Sang, City Cl~yr--'-_u_- AFFEGHL bY eIn LCLJ~LIL Gr. lJC1GLLh 9, 1909 b't A von CJ~ 7 HJ o } I 1'~ ~/' ~ -I- -~~~W~MaY~-;-tem------'-