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Home My WebLink About12/10/1990 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO December 10, 1990 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Elise Brougham, Kent Davis, Don Eafanti, Phil Edwards, Tony FIasco, Larry Merkl, Ron Selstad, and Bill Shanley Also present City Clerk, Wanda Sang, City Treasurer, Jim Malone, City Administrator, Mike Smith, City Attorney, John Hayes, Public works Director, Bob Goebel, Director of Ylanning & Development, Glen Gidley, Director of Parks & Recreation, Gary Wardle, Chief of Police, Jack Hurst, staff, and interested citizens APPROVAL OF MINUTES of November 26, 1990 Motion by Mr Eat'anti f~r the approval of the Minutes of November 26, 1990, seconded by Mrs Brougham, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Wilde administered the Oath of Office to Valerie Helser, Personnel Commission member CITIZENS' RIGHTS TO SPEAK Jack Van Ens, Wheat Ridge Chamber of Commerce, referred to the publication that the Chamber and the City had produced to promote wheat Ridge, gave final accounting of the $10,000 grant that had been given to the Chamber by the City, was pleased about the new chamber that had been created and would take effect January 1, 1991 LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for modification of premises from Michael V Farrell, dba "Cugino's Italian Restaurant", 5807 W 38th Avenue Michael V Farrell, 2685 Stuart Street, applicant, was sworn in by the Mayor Motion by Mr FIasco to approve the modification of premises for Michael V Farrell, dba "Cugino's Italian Restaurant", 5807 W 38th Avenue, Wheat Ridge, seconded by Mr Davis, carried 8-0 Item 2 Application for modification of premises from Mansoor Shawn Shah, dba "Club Peaches", 7777 W 38th Avenue Mansoor Shawn Shah, 7777 W 38th Avenue, #Al18, applicant, was sworn in by the Mayor Motion by Mr Shanley to approve the modification of premises for Mansoor Shawn Shah, dba "Club Peaches", 7777 W 38th Avenue, #A118, Wheat Ridge, Colorado, seconded by Mr Selstad, carried 8-0 CITY COUNCIL MINUTES December 10, 1990 Page -2- Item 3 Application for a new Hotel & Restaurant Liquor License for "Las Carretas", 3250 Youngfield, Wheat Ridge (This is a 1-mile radius motion only) Motion by Hr Merkl that the neighborhood be set at a 1-mile radius, that a survey tn establish the needs and desires nf the neighborhood be taken, and that the public hearing on this application be held on January 28, 1991, seconded by r~r Edwards, Carried 7-1 with I'ir FIasco vnting No Mr Flascn had asked fnr a friendly amendment that the l-mile radius be reduced to 1/4 of a mile This was not accepted Item 4 Moti~n to set a Show Cause Hearing for Port 44 Lounge, 4400 Ward Road, Wheat Ridge Motion by Mr Selstad that a Notice of Hearing and Order to Show Cause be executed by the Mayor and City Clerk and be issued to Port 44 Lounge, 4400 ward Road, Wheat Ridge, for January 28, 1991, at 6 30 pm, based upon the allegations contained in the attached offense report, seconded by Mr Edwards, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 5 A proposed amendment to the Comprehensive Development Plan - Future Land Use Map tn change the land use designation from Neighborhood Commercial to Low Density Residential in the vicinity of the northwest quadrant of Harlan Street and West 46th Avenue (Case No WPA-90-2) Mr Gidley presented the case and answered Cnuncil's quest inns Richard Woodard, 4620 Jay Street, was sworn in by the Mayor and spoke in favor nf the amendment Motion by Mr Eafanti that Case No WPA-90-2, a request for amendment to the Comprehensive Plan for the Harlan and West 46th Avenue vicinity, be approved f~r the f~llowing reasons 1 It will generally represent existing land use 2 A transitional buffer has already been provided by the existing commercial properties 3 Commercial land use is not desirable for properties farther west than the existing commercial properties, seconded by Mr Davis, carried 8-0 Item 6 Council Bill 77 - An Ordinance authorizing the issuance and sale of Revenue Bonds for Baptist Home Association Council Bill 77 was introduced on second reading by Mr Merkl, title read by the Clerk, Ordinance No 855 assigned CITY COUNCIL MINUT~S De c e IT, b e r 1 CJ, 1 99 CJ Page -3- Floyd Harrison, re~resenting Baptist HOllie Association, 4700 Tabor Street, was sworn in by the Mayor, thanked Council for their support of this project, answered questions Motion by ~Ir Merkl for the adoption of Ordinance 855 on second reading and order it published, seconded bJ Mr Davis, carried 7-1 with Mr FIasco voting N, I tern 7 Council Bill 80 - An Ordinance repealing and reenacting Section 22-91 and Section 22-93 of Chapter 22, Article II of the Code of Laws of the City of Wheat Ri~ge, Colorado, pertaining to Taxation of Telephone Exchanges Council Bill 80 was introduced by Mr Merkl on second reading, title read by the Clerk, Ordinance No 856 assigned Motion by Mr Merkl for the adoption of Ordinance 856 on second reading and order it published, seconded by Mr Flasco, carried 7-1 with Mr Edwards voting No DECISIONS, RESOLUTIONS, AND MOTIONS I tern 8 Resolution 1231 - approving proposed amendment to Intergovernmental Agreement dated December 6, 1984 concerning implementation of a County Hazardous Substance Response Program (This Resolution was postponed from November 26, 1990) Resolution 1231 was introduced by Mr Merkl, title read by the Clerk Motion by Mr Merkl for the adoption of Resolution 1231, seconded by Mr Davis Mr Selstad expressed concern about removing the Section regarding two consecutive terms and allowing unlimited terms Mr FIasco and Mrs Brougham agreed with Mr Selstad Motion Failed 3-5 with Council members Merkl, Davis, and Edwards voting yes Item 9 Resolution 1233 - a Resolution to amend Resolution 1139, Series of 1989, as extended by Resolution 1186, Series of 1990 and as amended by Resolution 1229, and calling for a public hearing on the issuance of Qualified 501(c)(3) Bonds for the use of the Baptist Home Association of the Rocky Mountains Resolution 1233 was introduced by Mr Davis, title read by the Clerk Motion by Mr Davis for the adoption of Resolution 1233, seconded by Mr Merkl, carried 7-1 with Mr FIasco voting No CITY COUNCIL MINUTlS December 10, 1990 Page -4- Item 10 Resolution 1~34 - authorizing reimbursement from the City of Wheat Ridge's attributable share of the Jefferson County Open Space Fund f~r Parks and Open Space Development Resolution 1234 was introduced by Mr Edwards, title read by the Clerk Motion by Mr Edwards for the adoption of Resolution 1234, seconded by Mr FIasco, carried 8-0 Item 11 Resolution 1235 - authorizing reimbursement from Jefferson County's attributable share of the Jefferson County Open Space Fund for Parks and Space Development Resolution 1235 was introduced by Mr Edwards, title read by the Clerk Motion by Mr Edwards for the adoption of Resolution 123'), seconded by I'!r FIasco, carried 8-0 Item 12 Resolution 1236 - authorizing an Intergovernmental Agreement with the Town of Lakeside for the Traffic Signal Reconstruction at West 44th Avenue and Harlan Street Resolution 1236 was introduced by Mr FIasco, title read by the Clerk Motion by Mr FIasco for the adoption of Resolution 1236, seconded by I'lr Edwards City Attorney, John Hayes, suggested that the attached Intergovernmental Agreement be changed to read under Section "14 Wheat Ridge shall be solely responsible for the design, construction, and inspection of the Project, and shall be solely responsible for any liability resulting from or relatin~ to said design, construction and inspection" Mr FIasco moved that this be changed, second accepted Motion carried 8-0 Motion by Mr Merkl that we put Items 13 through 25 on a consent agenda with the exception of Item 16, seconded by Mr Edwards Mr FIasco asked to pull Items 15 and 24 Mr Merkl and second agreed with that Motion to amend by Mrs Brougham that each item be voted on separately, seconded by Mr Selstad, carried 5-3 with Councilmembers Shanley, Merkl, and Davis voting No Item 13 Motion re Chester-Portsmouth Bridge Motion by Mr Flasco that $10,000 be transferred from Acct No 54-607-795 unallocated fund balance, to Acct No 54-601-877 I further move the City of Wheat Ridge reimburse the City of Lakewood $10,000 for the construction of the bridge over Lena Gulch connecting Ward Road and Chester-Portsmouth Park per the Intergovernmental Agreement and that all costsbe charged to Acct No 54-601-877, seconded by Mr Selstad, carried 8-0 CITY COUNCIL MINUTES December 10, 1990 Page -5- Item 14 Motion re Frontage road relocation project 32nd & 1-70 Motion by Mr Selstad t~at design of the relocation of the 1-70 frontage road at 32nd Avenue begin and that a public hearing be held for public input for final design, seconded by Mr FIasco, carried 8-0 Item 15 Motion re Sloans Lake Drainage Motion by Mr Merkl that the amount of $600,000 approved in our 1991 budget for the 30th & Jay area drainage project be authorized to be spent as a portion of the funding for the north branc~ of the Upper Sloans Lake drainage project through Edgewater and Wheat Ridge, seconded by Mr Eafanti, carried 8-0 Item 16 I'lotion re Traffic Signal Installation Project Motion by Mr Shanley that the Traffic Signal Installation Project, Project Number T-TSI 02-90 (RFB #90-41) be awarded to W L Contractors in the amount of their bid of $62,438 00 That a 10% contingency in the amount of $6,313 24 be established, that a maximum amount of 2% of the bid amnunt, $1,248 7b, be allocated for payment of any early completion of the project That the Director of Public Works be authorized to issue change orders up to the total contract amount and contingency amount of $68,751 24 and that all costs associated with this project be charged to Acct No 3-304-843 T~at the funds be encumbered for the length of the project whic~ expressly allows the expenditure of funds in 1991 for this project in accordance with Ordinance 787, 1989 Series, seconded by Mr Merkl Mr Selstad asked for a friendly amendment that this is subject to Lakeside agreeing with the Intergovernmental Agreement that we modified under Agenda Item 12 This amendment was not accepted Motion carried 8-0 Item 17 Motion re Traffic Signal Interconnection Project Motion by Mr Merkl that the Traffic Signal Interconnection Project, Project No T-TSI 03-90 (RFB #90-42) be awarded to W L Contractors in the amount of their bia of $10,536 00 That a 15% contingency in the amount of $1,580 00 be established That a maximum amount of 2% of the bid amnunt, $210 72, be allocated for payment of any early completion of the project That the Director of Public works be authorized to issue change orders up to the total contract amount and contingency amount of $12,116 00 and that all costs associated with this project be charged to Acct No 30-304-843 That the funds be encumbered for the length of the project, which expressly allows the expenditure of funds in 1991 for this project in accordance with Ordinance #787, 1989 Series, seconded by Mr FIasco, carried 8-0 I tern 1 8 tJiotinn re Purchase of Traffic Signal Equipment Motion by Mr Davis that the listed Traffic Signal Equipment be purchased from Econolite Control Products, Inc in the amount of $15,126 00 and that all costs be charged to Acct No 30-304-843 CITY COUNCIL MINUTES December 10, 1990 Page -6- I further move that the funds be encumbered for the length of the time to accept delivery which expressly allows the exvenditure of funds in 1991 for this project in accordance with Ordinance #787, 1989 Series, seconded by Mr Shanley, carried 8-0 Item 19 Motion re Street Maintenance Material for 1991 Motion by Mr Shanley that we accept all the bids submitted and direct the Public works Department to purchase the Street Maintenance Materia] at the lowest cost to the City based on the haul cost and availability of the materials at the time of purchase and that all costs for these materials be charged to Acct No 01-303-660, seconded by Mr Merkl, carried 7-0 with Mr Edwards abstaining because of a possible conflict Item 20 Motion re Purchase of Patrol Cars for 1991 Motion by Mr Merk] that Burt Chevrolet be awarded the purchase of six patrol cars with options for the amount of $82,788 08 and all costs be charged to Acct No 01-203-807, seconded by Mr Shanley, carried 6-2 with Mr FIasco and Mrs Brougham voting No Mr Flasco is not against buying the police cars, but is in favor of 5-liter cars to reduce air pollution and decrease fuel costs Item 21 Motion re Repair of Anderson Building Gymnasium Floor Motion by Mr Shanley that Rocky Mountain Decks & Floors, Inc be awarded the contract to re~air and refinish the gymnasium floor at the Anderson Building in the amount of their pro~osal of $7,740 00 That a 5% contingency be established in the amount of $387 00 That the Director of Parks and Recreation be authorized to issue change orders up to the total contract amount and contingency amount of ~8,127 00 and that all costs be charged to the Conservation Trust Fund Acct No 54-601-877 (1991), seconded by ~r Merkl, carried 8-0 Item 22 Motion re Purchase for 1991 Passenger Van for the Senior Recreation Program Motion by Mr Edwards that Burt Chevrolet be awarded the purchase of one passenger van with options for the amount of $17,932 28 and that $14,500 00 be charged to Acct No 01-602-807 and $3,432 28 be charged to Acct No 53-602-799, seconded by Mr Merkl, carried 8-0 Item 23 Motion re Solar Heating System Rehab Project Motion by Mr Merkl that the Mayor be authorized to sign a professional services contract with C W Industries for work and related supplies and services for the monitoring nf the solar heating system at the Municipal Building The amount shall not exceed $6,350 00 and all costs be charged to Acct No 30-610-811 I further move these funds shall be encumbered for the length of this project which expressly allows the expenditure of funds in 1991 for this project in accordance with Ordinance No 787, 1989 Series, seconded by Mr Shanley, carried 8-0 CITY COUNCIL MINUTES December 10, 1990 Page -7- Item 24 Motion re Control Purchase of Replacement Vehicle for Animal Motion by Mr Shanley that Daniels Motors be awarded the purchase of one Chevrolet in the amount of their quote of $12,993 00 and all costs be charged to Acct No 01-203-807 (1991), seconded by Mr Merkl, carried 6-2 with Mr ~lasco and Mr Selstad voting No Mr FIasco is voting No because the City budget is not balanced and we are spending more than we are taking in and we do not need t~is vehicle Item 25 Motion re Contract SaleS/Use Tax Auditor for 1991 Motion by Mr Merkl to accept the Contractual Sales Tax Audit proposals of the following firms/individuals 1) Arthur B Brown, PC, 2) Edgar L Keuling, CPA, 3) Ralph D Kuenning, P A , 4) Bondi & Co I further move the treasurer be authorized to select any of the accepted firms/individuals to perform selected Sales/Use Tax Audits subject to the approved budget limitations for the year 1991 and that all costs be charged to Acct No 01-115-704, seconded by Mr FIasco, carried 8-0 CITY ADMINISTRATOR'S MATTERS Mike Smith distributed a list of proposed Study Session subjects for the next year He asked Council to set a date for outside agencies' requests for money presentations to Council Motion by Mrs Brougham to set the date for January 21, 1990, seconded by Mr Eafanti, carried 5-3 with Councilmembers Shanley, Merkl, and Davis voting No He asked if Council desired to hold an informal breakfast meeting before the end of the year Motion by Mr Merkl to set an informal breakfast meeting for December 20,1990, and order it published, seconded by f'lr Edwards, carried 5-3 with Councilmembers Brougham, FIasco, and Selstad voting No CITY ATTORNEY'S MATTERS John Hayes gave update on Currier matter, informed Council of meeting with Cable TV people, asked for Executive Session to discuss Lutheran Medical Center litigation under Section 5 7(b)(1)(A) and Section 5 7(b)(1)(B) Mr Merkl so moved and asked that the treasurer and any personnel as needed be included in the meeting, seconded by Mr FIasco, carried 8-0 ELECTED OFFICIALS' MATTERS Elise Brougham requested that the Public Works Department, when they do a project, no longer send out a generic letter, but that the letter be specific to the project, so that people realize what is happening Also, let people know when their driveways will be blocked so that they can get their cars out This subject will be discussed at the next Public Works Advisory Committee CITY COUNCIL MINUTLS December 10, 1990 Page -8- Tony FIasco referred to ~ll the inforwation he had brought back from his trip to the National League of Cities All that material is available in the City Clerk's Office He also had an update on the Transportation Committee He reported on a meeting with Mayor, 4 Councilpeople, and residents regarding the oil leak on 44th Avenue This will be discussed at Executive Session Don Eafanti agreed with Mrs Brougham's statements nn Public Works Ron Selstad reported on information he had been given on Two Forks and requested Mr Hayes to look into this Phil Edwards thanked all the people who served on Boards and Commissions this year and expressed hope they would continue to serve EXECUTIVE SESSION WAS HELD Meeting adjourned at 11 05 p m . I (> Wand a Sang, 'C'{ t,'y) Clerk c APPROVED BY CITY CDUNCIL ON JANUARY 14, 1991 BY A VOTE UF 7 TO o f '1 '/'; j /l. ~ .c.. 4.-...7 /r/ c-e e/C\'J Kent Davis, Council President