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Home My WebLink About04/08/1991 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO April 8, 1991 The City Coun0il Meeting was 0alled to order by the Mayor at 7 30 p m Coun0ilmembers present Elise Broubham, Kent Davis, Don Lafanti, Phil Edwards, Tony Flas0o, Larry ~erkl, Ron Selstad, and bill Shanley Also present City Clerk, Wanda Sang, City Administrator, Mike Smitl-J, Acting City Attorney, Paul Godec, (City Attorney, John Hayes, arrived later in the evening), Public works Dire0tor, Bob Goebel, Dire0tor of Planning & Development, Glen Gidley, Director of Parks & Re0reation, Gary ~ardle, Chief of Police, Ja0k Hurst, staff, and interested 0itizens APPROVAL OF MINUTES of March 25, 1991 Motion by Mr Eafanti for the approval of the Minutes of March 25, 1991, seconded by Mr Merkl, 0arried 8-0 PROCLAMATIONS AND CEREMONIES Mayor wilde presented Certificate of Re0ognition to ~heat Ridge Farmers Basketball Team, and their Coa0h Mark Rus0h Mayor wilde gave Oath of Offi0e to newly appointed Board and Commission members Bru0e McIntyre, Victoria Duncan, Richard Logue, and John LaGuardia Mayor ~ilde read Proclamation for Victims Rights Week, April 21 - 27 into the record and presented a copy Mary Ellen Jaegel CITIZENS' RIGHTS TO SPEAK Barbara Davis, ~080 Melrose Drive, questioned some of the content of the Planning Commission Minutes of February 7, which addressed changes to Section 1 of the Comprehensive Plan She explained tl-Jat she had been a member of the original committee, which worked on the creation of the Comprehensive Plan PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 84 - An Ordinance amending Section 2b Article IV Sign Code of the Code of Laws of the City of ~I-Jeat Ridge Council Bill 84 was introduced by ~r Merkl, title read by the Clerk, Ordinan0e No 860 assigned Glen Gidley presented the background on this Ordinan0e and explained Council's questions CITY COUNCIL MINUTES Ar:,ril 8, 1991 Page -2- Nrs Brougham asked for an amendment on page 12, Nonconforming Sibns, (b) to change the last sentence The intent being tl-Jat tl-Je sign would not have to be removed until a new tenant takes over and has to put up a conforming sign Motion by Mr Merkl for the adoption of Ordinance 860 with Mrs Brougham's amendment, seconded by Mr FIasco Mr Davis asked that Mrs Brougham's amendment would not be used as a friendly amendment, but a regular amendment, because otherwise I-Je would I-Jave to vote against the entire motion Motion by Mr Davis to strike the friendly amendment, seconded by Mr Shanley, carried 5-3 witl-J Counrilmembers i~erkl, Eafanti and Selstad voting No ~lotion by sentence, approval" Brougham, Mr Selstad on page 23, first paragraph, to add to tl-Je last whicl-J begins "TI-Je Planning Commission" add "with Council , seconded by Mrs Brougham, failed 3-5 witl-J Councilmembers Selstad and Flasco voting yes Further discussion followed Mr Davis called for the question, seconded by Mr SI-Janley, carried 7-1 with Mrs Brougham voting No Vote on original motion as amend~d by Mr Davis carried 7-1 with Mrs Brougham voting No Hotion by Hr Mr Selstad, Davis voting Edwards to move Item 21 to precede Item 4, seconded by failed 4-4 with Councilmembers Shanley, Merkl, FIasco, and No ORDINANCES ON FIRST READING I tern 2 Counril Bill 86 - An Ordinance varating a portion of Otis Street in tl-Je James Subdivision within the City of Wheat Ridge, County of Jefferson, State of Colorado Council Bill 86 was introduced by Mr FIasco on first reading, title read by Clerk Motion by Mr FIasco tl-Jat Council Bill 86 be approved on first reading, ordered pUbliShed, public hearing be set for Monday, May 13,1991 at 730 pm il1 City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publiration, seconded by Mr Davis, carried 8-0 Item 3 Council Bill 87 - An Ordinance providing for tl-Je approval of rezoning from Restri"ted Commerrial-One and Commercial-One to Commercial-One on land located at 6425 h 44tI-J Avenue, City of wl-Jeat Ridge, County of Jefferson, State of Colorado (Case No WZ-91-1) (Ralph Smitl-J for Arvada Draperies) Council Bill 87 was introduced by Mr Davis on first reading, title read by Clerk CITY COUNCIL MINUTES April 8, 1991 Page -3- Motion by Mr Davis that Counril Bill ~7 be approved on first readinb, ordered pUblished, public I-Jearing be set for Monday, hay 13, 1991 at 7 30 p m in City Council Chambers, Municipal BIde , and if approved on second readinb, take effect 15 days after final ~utliration, seconded by Mr FIasco, carried 8-0 Item 4 DECISIONS, RESOLUTIONS, AND MOTIONS Resolution lL48 - autl-Jorizing the Jefferson County Open 3pace offirials to secure a professional appraisal, survey and title commitment relating to, negotiate for tl-Je acquisition of, and to arquire the property consisting of approximately 13,000 square feet located at 4340 Garrison Street, in Wheat Ridge, Colorado Resolution 1248 was introduced by Mr Merkl, title read by the Clerk Motion by Mr Merkl for the adoption of Resolution 1248, seconded by Mr Fl asco, carr ied 8-0 Item 5 Resolution 1249 - authorizing an Intergovernmental Agreement with the Cities of Arvada, Broomfield, and Westminster, and the County of Jefferson for building inspertion servires Resolution 1249 was introduced by Mr FIasco, title read by the Clerk Motion by Mr FIasco that Resolution 1~49 be adopted and tl-Je Mayor be authorized to sign tl-Je Building Official Mutual Aid Agreement, seronded by Mr Shanley, carried 8-0 I tern 6 Resolution 1250 - finding the need for the placement of stop signs at various intersections within the City of WI-Jeat Ridge, located at the intersections of certain designated loral streets where the reasonable possibility or potential for arcident exists Resolution 1250 was introduced by Mr Merkl, title read by the Clerk Motion by Mr Merkl tl-Jat Resolution 1250 be adopted, seronded by Mr FIasco, rarried 8-0 Item 7 Resolution 1251 - setting forth the City Council's intention to authorize cooperative purchasing Resolution 12?1 was introduced by Mr Selstad, title read by tl-Je Clerk Motion by Mr Selstad for the adoption of Resolution 1251, seconded by Mr FIasco, rarried 7-1 with Mr Davis voting No berause he feels this will hurt small businesses Item 8 Bid award for legal advertising for 1991 (RFB #91-19) Motion by Mr Flasco that tl-Je Wheat Ridge Sentinel be designated the newspaper of record for the City of WI-Jeat Ridge and tl-Jat the legal advertising be awarded to the Wheat Ridge Sentinel at the rates quoted, renewable annually with the Mayor's approval, seronded by Mr Shanley CITY COUNCIL MINUTES April 8, 1991 Page -4- John Tracy, lUOO luth Street, Golden, Marketing Director of the Transcript Newspapers, stated that the Transcript I-Jad a total circulation in Wheat Ridge of 71~0 papers TI-Je legals also appear in other Transcript papers for a total of 11025 papers The price difference of the Transcript and the Sentinel would only amount to $50 00 Bob Short, 1000 10th Street, Golden, General Manager for Transcript Newspapers, explained that the Sentinel only distributed 2066 papers Motion carried 6-2 with Mr Merkl and Mr Davis voting No Mr Merkl feels tl-Jat our contract sl-Jould remain with a local business, that is very active in the community Item 9 Bid award for promotional processes Motion by Mr Merkl tl-Jat the City contract with CWH Research, Inc for an amount not to exceed $3,450 00, $2,000 00 to be charged to Account No 01-106-750 (City Administrator Professional Services) and $1,540 00 to be charged to Acct No 17-202-660 (Police Seizure Fund), seconded by Mr Selstad, failed 3-5 with Council members Shanley, Merkl, and Edwards voting yes Item 10 l'iot i on re Position Animal Parks Enforcement Officer Supervisor Mr FIasco intrOduced this item City Clerk, Wanda Sang, read a letter from Wheat Ridge United Neighborhoods into the record, which asked Council to re-consider hiring rangers on I-Jorseback Janice Thompson, representing tl-Je Parks and Recreation Commission, stated that the commission had been in favor of the rangers on horseback They did not support the spending of Open Space money for security purposes, but for tl-Je purchase of parks Motion by Mr FIasco tl-Jat $2b,035 00 be approved to fund tl-Je Animal Parks Enforcement Officer supervisor position for 1991 I also move that $2b,035 00 be transferred from General Fund unallocated 01-607-795 to the following accounts $22,000 00 to 01-203-602 50 00 to 01-203-b18 100 00 to 01-203-651 250 00 to 01-203-662 665 00 to 01-203-728 810 00 to 01-203-730 160 00 to 01-203-741 ~~OO 00 to 01-203-809 $26,035 00 I further move that active records be kept so that reimbursement can be requested from the Open Space Fund, seconded by Nr Shanley Mr Davis will vote No for the same reasons Hrs TI-Jompson stated and because this is not budgeted and will be coming from unallocated CITY COUNCIL MINUTES April 8, 1991 Page -5- Mr Selstad will vote No because of taking Open Spare money, WI-Jeat Ridge is short on Parkland and Open Space People want the park ranger and horse program back He moved to table this request at tl-Jis time, seconded by Mrs Brougham, failed 3-5 with Councilmembers Brougham, Eafanti, and Selstad voting yes Motion by Mr Merkl to strike the part of Mr FIasco's lliotion that asks that records are kept, etc , this is being funded out of the general fund tl-Jis year and can be re-evaluated and discussed at budget time, seconded by Mrs Brougham, failed 4-4 with Councilmembers Merkl, Brougham, Eafanti, and Selstad voting yes Vote on original motion carried 5-3 witl-J Council members Brougham, Davis, a~d Selstad voting No Item 11 Motion re Hazardous Waste and Superfund 1~~1 Motion by Mr FIasco to autl-Jorize payment of $1,000 00 from Acct No 102-798 to American Communities for Cleanup Equity, and tl-Jat the Mayor be autl-Jorized to sign the form for the City of Wheat Ridge to become a member of American Communities for Cleanup Equity (ACCE), seconded by ~Ir Davis, failed 3-5 with Councilmembers Merkl, FIasco, and Davis voting yes Mr Selstad voted Mo because most of these cities are in California and he doesn't feel Wheat Ridge will benefit from this Item 12 ~:otion re 1/91-18) west 38th Avenue Drainage Improvement Project (RFB Motion by Mr Selstad that tl-Je West 38th Avenue Drainage Improvement Project (RFB 1/~1-1~), Project Number D-CC-03 05-Yl, be awarded to wycon Construction Company in the amount of tl-Jeir bid of $481,233 50 I further move that a contingency/force account of 15% in tl-Je amount of $7~,185 00 be established I further move that a maximum amount of 2% of tl-Je bid amount, $9,625 00, be allocated for payment of any early completion of the project I further move that the Director of Public Works be autl-Jorized to issue change orders up to the total contract and contingency amount of $553,418 50 and tl-Jat all costs associated with this project be charged to Acct No 30-303-846 I further move that the funds be encumbered for the length of tl-Je project wl-Jicl-J expressly allows the expenditure of funds in 1992 for this project in accordance with Ordinance 1/787, 1989 Series, seconded by Mr Herkl, carried 8-0 I tern 13 Motion re Sheridal1 undergroundil1g telephone facilities, Harlan to Motion by Mr Merkl that the proposal for undergrounding overhead facilities from US West in tl-Je amount of $28,146 00 be accepted I further move that funds for this work be encumbered from Capital Projects Fund Acct No 30-303-846, seconded by Mr Selstad, carried 8-0 CITY COUNCIL MINUTES April 8, 1991 Page -6- Item 14 Motion to accept various property acquisitions along west 38tI-J Avenue I'iotion by ~lr Eafanti that the City of Wheat Ridge a0.cept the Warranty Deeds for the following parcels 540U vies t 38tI-J Avenue, ,John T Cibialero, Jr 'J500 West 38th Avenue, Darrel Lee Norbren :>500 West 38tI-J Avenue, Darrel Lee Norgren 5725 ~est 38th Avenue, Gene Dorsey 5695 West 38th Avenue, Robert E & ~her yll K Gregory 5857 West 38th Avenue, David A & Lorraine F Skul 547CJ West 38 tl-J Avenue, Tessie Dometrovi(>h & Barbara J Peterson 5478 West 38 th Avenue, Tessie Dometrovich & barbara J Peterson 5823 West 38tI-J Avenue, George B Loos & Sylvia Cozian Loos 5855 West 38 tl-J Avenue, Wilbur S & Grace 1'1 Deandrea I further wove that the sum of $10 00 per parcel be paid and that this amount be take~ from Capital Proje0.ts Fund A00.t No 30-303-846, seconded by Mr Davis, carried 8-0 Item 15 Motion re Street lighting installation, Harlan to Sheridan Motion by Mr Davis that the proposal for installation of underground street and pedestrian lighting facilities from Public Service in the amount of $64,884 00 be a0.cepted I further move that funds for tl-Jis work be encumbered from Capital Projects Fund A0ct No 30-303-846, se0.onded by Mr Eafanti, 0.arried 8-0 Lee Hill from Public Service was present to answer Coun0.il's questions Item 16 Motion re Agreement with RTD Motion by Mr Merkl that the Mayor be autl-Jorized to sign the Agreement with RTD, seconded by Mr Selstad, carried 8-0 Item 17 I'Jotion re Formation of new (>ommittee Motion by Mr Eafanti that Council appoint a group of ten people, two from eacl-J district, and two Councilmembers, to study the pursuing of an indoor swimming pool or the covering of our existing swimming pool This committee is to bring ba0.k their report to Council no later than the first 00uncil meeting in August (August 12, 1991), se0.onded by Hr FIasco, carried 7-1 with Mrs Brougham voting No Mrs Brougham feels that consultants should be brought in to study this instead of lay people CITY COUNCIL MINUTES April 8, l~Yl Page -7- Item 18 Motion re Board and Commission appointments Motion by Mr District III, 8-0 Eafanti to appoint Marcie Emily to tl-Je Arborist Board from her term expires 3/2/93, seconded by Mr FIasco, carried Motion by Mr Eafanti to appoint Donald McLinden to the Building Code Advisory Board from District III, I-Jis term expires 3/2/92, seconded by Mr FIasco, carried 8-0 Item 19 Motion re ratification of Mayor's appointments Motion by Mr Merkl to ratify the reappointments of Norman Burkepile and Jerry Roach to EDARC for terms expiring in November 1995, seconded by Mr FIasco, carried 8-0 Item 20 Motion re cancelling Memorial Day meeting Motion by Mr Davis to cancel the second regular council meeting in May because it falls on May 27, wl-Jich is Memorial Day and a City holiday and to I-Jold tl-Je meeting on May 20, 1991 I further move that this be advertised in the newspaper and posted on tl-Je bulletin board, seconded by Mr Selstad, carried 7-1 with Mr Shanley voting No Item 21 Motion re relocation of the Old Post Office building to Wheat Ridge Historical Park Mr Edwards explained that I-Je had been against this originally, because of neighborhood opposition He had since talked to the neighbors and because the building was being moved to tl-Je end of the park and a light was being installed, he didn't encounter any further opposition Motion by Mr Edwards that tl-Je City of ~heat Ridge allow tl-Je Wheat Ridge Historical Society to relocate the Uld Post Office building to Wheat Ridge Historical Park at the proposed location and that the Wheat Ridge historical Society pay all costs for relocation, renovation, utilities, and insurance related to tl-Je Old Post Office, and that they also be responsible for the insurance for the contents of the building, seconded by Mr SI-Janley Bob Olson, 5050 Raleigh, Claudia Callas, 8701 W 38th Avenue, Ruth Richardson, 4030 Field Drive, merribers of the Historical Societ~poke in favor of the motion and answered Council's questions Motion carried 8-0 Item 22 Presentation by MTDC Monica Mills from HTDC gave update on tl-Je bill currently before the Legislature and answered Council's questions CITY COUNCIL MINUTES April 8, 1991 Page -8- LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 23 Liquor License renewal application for Club Peac~es Motion by Mr Davis that a "Show Cause Hearing" be set for "Club Peaches", 7777 ~ 38tI-J Avenue, #N118, ~heat Ridbe, pending further investigation dno that the license not be renewed at this time, seconded by l"lr Selstad Nr Davis explained that the renewal a~plicatlon had not been cleared by the Wheat Ridge Police Department because of possible violations Motion carried 8-0 CITY ADMINISTRATOR'S MATTERS Mike Smith referred to the information packet in the Agenda regarding Council District Apportionment He stated that the Denver Post had asked to hold a public forum on Tuesday, April 30, 6 30 pm, in Councilchambers He distributed some preliminary year-end figures to Council CITY ATTORNEY'S MATTERS John Hayes stated that the City had won the Currier case report on two matters of litigation in Executive Session He asked to Motion by Mr Merkl to hold an Executive Session under Section 5 7(b)(1)(A) of the Charter, seconded by Mr Eafanti, carried 8-0 ELECTED OFFICIALS' MATTERS Elise Brougham asked Parks Department and the budget sessions for Council consensus that Council meet with tl-Je Parks Commission to discuss park funding prior to Consensus was 6 in favor Tony FIasco asked for consensus that the purchase of a street sweeper be brought to the Pollution Committee Consensus was 7 in favor He asked for consensus that a report be brought meeting b} Bob Goebel regarding alternate fuels favor to the next Council Consensus was 8 in He asked about progress regarding the Total oil clean-up will give update Mr Hayes Don Eafanti informed Council that Sunday, April 14, the Retarded Citizen Picnic would be held in Paramount Park and invited everybody in the City to come and participate There will be kite flying and fun for everybod y CITY COUNCIL MINUTES ApriJ 8, 1991 Motion by Mr Davis to adjourn to tl-Je Exe~utive Session Meeting adjourned at 11 10 p m EXECUTIVE SESSION WAS HELD. i I ~I Wanda Sang, APPROVED bY CITY CUUNCIL ON APRIL 22, 1991 bY A VOTE OF / j/" -..f/J_ , . /).. . h" ~ jc~< ~ .1 ._ Kent Davis, Coun~il President Page -9- 8 TO 0