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HomeMy WebLinkAbout08/12/1991 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO August 12, 1991 T~e City Council Meeting was 0alled tu order by the Mayor at 7 30 p rn Councilmembers present Elise brou6ham, Ke~t Davis, Don Eafanti, Phil Edwards, Tuny Flasco, Larry Herkl, Ron Selstad, 3~rl EHIl Shanley Also present City Clerk, ~anda Sang, City Aiministrator, Mike Smith, City Attorney, John Hayes, City Treasurer, Jim Malone, Director of Planning, Glen Gidley, Chief of Police, Jack hurst, Lirector of Parks, Gary Wardle, Direct)" ,;[' Public v,orks, Bob Goebel, staft, anrl intere'3terl citizens APPR0V AL Or hINUTES of Jul y ,,-2, 1 ~CJ 1 Motion by Mr Eafanti for the approval of the Minutes of July 22, 1991, seconded by Mr jvjerkl, carried 8-0 Mayor Wilde reco~nized the ~heat Ridge Area baseball team that had gone to the worlrl series of little league baseball The team thanked the City for the financial support they I-Jad receiverl CITIZENS' RIGHTS TO SPEAK Bill SChoeberlein, Centennial Trail, Golden, asked tl-Jat City Council oppose tl-Je SI-Jeep ~iountain Quarry in Jefferson County and the tremendous amount of traffic it would bri~g to Clear Creek Motion by Mr FIasco to present a Resolution to the Planning Commission ot Jefferson County expressing ~heat Ridge's opposition to the Quarry and recommending denial, seconded by Mr Selstad, carried 7-0 with Mr Erlward0 abstaining henry LeNileon, 3290 Fenton Jtreet, was concerned about information he had received that the bus t~at takes the handicapped to the Community Center luncheon, would not run 1 day per week He asked that Council look into this and see what t~ey can do Mayor Wilde stated that the City had donated $10,000 to the Center Council member Merkl asked that this be discusseo further under Councilmembers' Matters Jean Fields, 3270 Fenton Street, stated that tl-Je response of the people who had been informed that the bus would not run 1 day per week was is there some way tley 'a~ bet over to tl-Je Community Center PUBLIC HEARINGS AND ORDINANCES ON SECOND READING I tern 1 Council Bill 97 - An Ordinance re~ealing and reenacting portions of Chapter 11, Licenses, Permits and miscellaneous business regulations, and portions uf Chapter 22, Taxation, of tl-Je Code of Laws of tl-Je City of Wheat Ridge Council bill 97 was introduced on second by Mr Merkl, title read by tl-Je Clerk, Ordinance Nu 869 assigned CITY COUNCIL MINGTES August 1.:', 1~91 Page -2- John Hayes referred to his nJemos dated July 2,1991 and August 9,1991 and answered Council's questions He stressed that taxes would only be charged on equipment purchased and not on medical services Furthermore there would either be use tax or sales tax charged, but never both Frank Traylor, 4045 Field Drive, representing Lutl-Jeran Hospital, was sworn i'1 by the ~ctyor and spoke about the effect that the new Urrlinance will have on Lutheran Medical Center he feels it is harsl-J and punitive This Ordinance will cost Lutheran Hospital between $7~0,OOO _ $1,000,000, no other non-profit lnspital around I-Jere has to pay this Motion by Mr herkl for the adoption of Council Bill 97 (Ordinance 869) on seconrl reading, secunded by Mr Davis Motion by Mr Merkl to amend the definition of "taxpayer" to read only as follows "Tax~afer "~dnS any consumer who must pay tax on any taxable sale, or any person or entity obligated to account to the treasurer L)r t-3KeS "011 ected or to be collected under the ter'lrjS ,r C'lis chapter", seconded by Mr FIasco, carried 8-0 Motion by t-'lr Merkl to 'elme '1 t" i j 'I iefilition of "Third Party Record Keeper" as follows "Third Party Record Keeper means ':'In entity which has contractually undertaken the duty of collection of accounts from city residents or businesses for taxable services or sales undertaken ur occurring within tl-Je City, which Third Party Record keeper shall have the rights, duties and ooligations as specified in Section 22-42(1-J) hereof", seC'onded by 1'1r Shanley, carried 8-0 Andrew Hottinger, 7856 S Fairfax Court, Littleton, representing U S West Communications, was sworn in by tl-Je 1'1ayor and stated tl-Jat US hest supports the addition of "Third Party Record Keeper" 1'1otion by hr 1'1erkl to amend to add a section 22-42(h) which provides as follows "Any Plird Party Record keeper, as defined in Section 2,--21 hereof, shall have all of the rights, duties and obligations of a taxp'iyer, retailer or vendor solely as the same rel ate;,; L" t~le record disclosing obligations imposed upon taxpayers, retailers or vendors by Sections 22-39, 22-40, 22-41, .:'2-42, 22-43(a), <::.:'-4j(1'), 22-43(g), 2.:'-4j(j), 22-44(b), ~2-46(g), and 22-46(h) hereof, provided that the City shall attempt tJ <>btain any records or reports from the taxpayer, retailer or vendor prior to its attempts to obtain such records from Third Party Record Keepers, and in any event such attempts to obtain records or reports I-Jall only be undertaken after providing notice tn the taxpayer, retailer, or vendor, provided, further, however that a Third Party Record Keeper shall be deemed a taxpayer for all purposes, and shall be subject to all of the provisinns, of this Article II of Chapter 22 relating to any and all taxable transaC'tions enGaged in by said Third Party Record Keeper", seconded by Mr Shanley, carried 8-0 tvlotion by ~1r FIasco to alOen<i SeC'tion 22-58, subpart 2 and 22-67, subpart 2, to eliminate the word healthcare and add the ~l~riffin~ explanation that Mr Hayes suggested, "by an entity or a verson or usei within a facility", seconded by Mr Davis, carried 6-0 CITY COUNCIL MINUTES -August 12, 1991 Page -3- Motion by hr FIasco to amend under "Lodger's Tax" to eliminate the word "mortuary" wl-Jerever it 00Curs in tl-Je ordinance, seconded by Nrs Brougham, failed 3-5 with C"unC'ilrnembers Brougham, FIasco, anrl f:.C1fClnti voting yes Original Motion as amended C'arried 7-1 with Mrs Brou~ham voting No SI-Je is against taxing non-profit charitable or~anizations, it is putting a hardship on the entity, another cost to the 'onsumer, will increase insurance rates, is not uniform throUbhout the metro area I tellJ 2 CounC'il bill 9b - An Ordinance amending the provisions of Section 9-32(c) of the Code of Laws of the City of ~heat Ridge to allow sales of refrigerant in containers with a capaC'ity of one (1) pound for use by licenserl professional garages to charge motor vehiC'le air C'onrlitioners Council Bill 98 was introduced on seconrl reading by Mr Nerk], title read by the Clerk, Orrlinance No 87C assigned Motion by hr Merkl for the adoption of Ordinance 870 on second reading with the amendment unrler Section ~ that it become effective 1 day after final reading, seconded by hr Shanley Mr FIasco asked for an amendment that the Ordinance be corrected as per Mr Hayes' mp.trJJ ,f' July 22,1991 "Section 9-32 Motor Vehi01e Air Conditioners (c) Effective November 15,1992, all sales of refrigerant capaGle ,,[' being used to charge a motor vehicle air conditioner shall be prohibited except in containers wLth a C'apacity of at least twenty (20) pounds, provided, however, th':lt until November 15,1992, licensed profes'3ional garages which are engagerl in tl-Je business of motor vehicle air conditioner repair shall be allowed to purchase refrigerant capable of being used to chClrge a motor vehicle air conrlitioner in one (1) pounrl cans " Mr Merkl accepted this as a frienrlly C1i1j1':nrlment Motion carried b-O Item 3 Council Bill lOb - An Ordinance amenrling Section 26-18 (B), Agricultural-l District (A-l), permitted principal uses, of the C"de of Laws of the City of wheat hirlge by adding as permitterl principal uses Dog Kennels, Catteries, Veterinary Hospitals, Greenhouses, and the non-commercial feeding of hogs Council Bill 108 was introrluced on second reading by Mr Merkl, title rearl by the Clerk, Ordinance No 871 assigned Motion by Mr Merkl for the adoption of Orrlinance 871 anrl have it published, seconded by Mr Shanley CITY COUNCIL MINUTES August 12, 1091 Page _li- ~otion by Mr Flas00 to table this Ordinance, seconded by Mrs Brough~ru, 0arried 5-3 with CouncilmemLers ~hanley, Merkl, and Edwards voting No hotion by hr FIasco that the staff be directed to bring in to the City Council a proposed ordinance reinstating the A-2 Agricultural Zoning, seconded by ~Irs Brougkl="ll, '~arried u-c' with ~,r f'Jerkl and hr Edwards voting No Item 4 Council BilL lUg - An Ordinance repealing and reenacting tle provisions of ChaIJter 17 of the Code of Laws of the CLty ,,[ Wheat Ridge IJroviding Parks and Recreation rules and regulations and providing penalties of violations thereof Council Sill 109 was introduced on second re~dinL by ~r Edwards, title read by the Clerk, Ordinan(~e No 871 assigned Motion by Mr Merkl for an amendment under Section 17-27 ee) to add that in case of ~ rain delay of any game, the game may continue until 10 30 p m except at Wheat Ridge and Prospect Park where no inning will start after 11 00 P nJ , seconded by t'lr Davis, carried 8-0 ~Iotion by Mr seconded by t'ir Edwards for the adoption of Council Bill Shanley, carried 8-0 109 as amended, Motion by Mrs Brougham that the Planning Department notify all the people they notified before by certified mail with an explanation of the intent of Council that the A-2 uses are to be reinstated and a cancellation of the mass rezoning at this time, seconded by Mr FIasco, carried 8-0 ORDINANCES ON FIRST READING Item 5 Council Bill 110 - An Ordinance amending Sections 2-34, 15-5, and 15-9 of the Code of Laws of the City of ~heat Ridge pruviding that the issuance of notices to abate nuisances is a matter in the discretion of the City's Lode Enforcement Officers Council Bill 110 was introduced by Mr FIasco on first reading, title read by Clerk Motion by Mr FIasco that Coun0il Bill 110 be approved on first reading, ordered publiShed, public hearing be set for Monday, September 9, 1S191 at 7 30 p nJ in City Council Chambers, Municipal 51dg , ani if approved on second reading, take effect 1 day after final publication, seconded by Mr Edwards, ~arried 7-1 with Mr Davis voting No Item 6 CITY COUNCIL MINUTES Page -5- August 12,1991 Council Bill 111 - An Ordinance providing for the approval of rezoning from Residential-Two and Residential-Three to Residential-Three on land located at 3600 wadsworth Blvd , City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-91-5) (ricco Brothers Construction Company) Council Hill 111 was introduced by Mr Davis on first reading, title read by Clerk Motion by Mr Davis that Council Bill 111 be approved on first readinb, ordered pUbliShed, public hearing be set for Monday, Sel-'telllber 9, 1991 at 7 30 pm in City Council Chambers, huni(~ipal Uldg , and if approved on second reading, take effect 15 days after final publication, seconded by Mr FIasco, carried 8-0 Item 7 Council Bill 112 - An Urdinance vacating a IJortion of Vance Street between West 28th and West 29th Avenues within the City of Wheat Ridge, County of Jefferson, State of Colorado (Case NO WV-91-4) Council bill 112 was introduced by Mr Merkl on firsL redrlinb, title read by Clerk Motion by Mr Merkl that Council Bill 112 be approved on first reading, ordered published, public hearing be set for Monday, SeIJtember 9,1991 at 7 30 pm in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publ ication, seconded by ~lrs Brougham, earried 8-0 I tern 8 Council Bill 113 - An Ordinance vacating a portion of West 33r1 Avenue North of 3285 Balsam Street within the City of WI'leat Ridge, County of Jefferson, State of Colorado (Case No WV-91-3) Council Bill 113 was introduced by Mrs Brougham on first reading, title read by Clerk Motion by Mrs Brougham that Council Bill 113 be approvel on first reading, ordered publiShed, public hearing be set for Monday, September 9, 1991 at 7 30 p m in City Council Chambers, Municipal bldg , and if approved on second reading, take effect 1 day after final publi0ation, seconded by Mr Eafanti, carried 8-0 Item SI DECISIONS, RESOLUTIONS, AND MOTIONS Motion re Payroll Computer System Update Motion by Mr Merkl that $4,800 betransferred from General Fund Unallocated Account #01-607-795 to Accounting Divisiun Professional Services Account #01-103-750 for the purpose of updating the payroll computer system to br,: able to meet Federal requirements for reporting the FICA for City employees, seconded by Mr Shanley, carried 8-0 Item 10 Motion re 1991/92 School CrossLng Guard Program Motion by Mr Merkl that the School Crossing Guard Program continue for the 1991/92 school term and the School rrossing Guard Agreement be extended to the Parent Teacher Associations electing to participate I further move that all payments be made fr~lII A'ct #01-610-713, seconded by Mr Shanley, carried 0-2 with Mr Davis and Mr Flasco voting No CITY COUNCIL MINUTES August 12,1991 Page -6- Mr Flas00 has voted and stated for many years that this is the res po n sib i 1 i t Y 0 f the s c h (> ell, () ;-'P' -] and he doe s n 't see why the C it Y is sponsoring it if the s0hool board fails to 10 it Item 11 Motion to purchase All Wheel Drive All Terrain Vehi01e (RFB 1191-3) Motion by Mr Shanley that Sun ~nterprise be awarded the purchase of a Honda All Wheel Drive All Terrain Vehicle (RFB #91-30) including optiuns in the amount of their bid of $4,056 3~ and that all 00Sts be charged to Acct No 203-~07, seconded by Mr Edwards Mr FIasco asked that the reasons for not going with the lowest bid be put into the record Mr Shanley stated that the differen'~ ~etween the lowest bid and this bid was only $5~ 00 or a little less, a memorandum was given to Council 1 isting the [oll owing advantaGe" Civer ,he Kawasaki 1 }Jonda han-]le-; .)etler on the greenbelt paths 2 Honda has a smoother transmission Easier to shift 3 Honda has easier access to t Ie storage compartment 4 Fuel capacity )f the Honda is greater than the ~awasaki 5 Tires cause less damage to the trail areas 6 Better reputation for reliability Motion carried 6-2 with ~r Selstad and Mrs Brougham voting No Mr Selstad stated that a horse patrol made a lot more sense Mrs Brougham is opposed to motorized vehicles on the greenbelt, nobody else 0an use them There are other alternatives, such as a bi~Y01e patrol Item 12 Motion to purchase Four Wheel Drive Tractor/loader (RFS #91-29) Motion by Mr Shanley that Stephen Equipment Company be awarded the purchase of a Four Wheel Drive Tractor Loader (RFB #91-29) in the amount of their bid of $21,585 00 and that all costs be charged to Acct #603-807, seconded by Mr Edwards, carried 8-0 Item 13 Motion to purchase 2 Fax Machines for Courts (RFU #016-91) Motion by Mr Davis that Advanced Office Products be awarded the purchase of 2 Fax Machines with carrying cases for the amount of their quote of $1,396 00 and that al costs be charged to Acct No 109-dOc', seconded by Mrs brougham, carried 8-0 Item 14 ~]otion to purchase traffie signal e-.juip:IJe;nt due to accident (RFb 1191- 31 ) Motion by Mr Shanley that Western Signal, In0 be; awarded the purchase of the traffi0 signal equipment for the amount of their bid of $9,222 00 and that all costs be charged to Uninsured L"s'Hos l\.cct No 610-78c:, seconded by Mr Merkl, carried 8-0 CITY COUNCIL MINUTE~ August 12, 1991 Page -7- Item 15 Presentation by Lt Darlinger re Systems up-grade information Police Communi~ation Jack Hurst and Lt Darlinger gave update on Poli0e Communication Systems ~otion by Mr Nerkl that $14,000 be transferred from General Fund Unallocated 01-607-795 to 201-7~(J P01i0e Administration PrOfessional Services A000unt for the purpose 01 an initial engineering study of Poli~e Communications through the firm of Frank lhatcher and Associates, Inc , seconded by Mr Edwards, 0arried 5-3 with Councilmembers Shanley, FIasco, and Davis voting No Item 16 Motion by Mr Davis to set the September Study ~ession for September 16, 1991, since the regular study session falls on Labor Day, seconded by Mr Shanley, carried 8-0 Item 17 Motion to hold salary study meetings on August 13, 14, and 15, 1991 Mr Selstad referred to the papers Mr Smith had passed out that showed the various salaries If $250,000 were to be eXIJended it would '~atch everybody up to be no luore than 7% behind comparable cities If $150,00 were to expended, everjboiy would be no more than 10% behind comparable cities The rumor that the City has 2 4 Million Dollars in reServe is not true, $764,000 are committed, it can't be tOUChed, we are now down to 1 4 Million We want to keep a 15% reserve, if we use that figure we are now down to about $750,000 in spendable or un00mmitted reserves In the last couple of months we spent about $100,000 out of unallocated, so we are usinl:!, it We want to get the long term market comparison by 1995, fund the rest of this year at 50%, that's $63,000, go through 19Y2 at 50%, that's $250,000 more, commit to an 8% matrix funding for 1992 ~e can't commit to an 8% matrix funding for 1992, if we do all that that is $750,000 more--there goes our whole reserve in 1 year At budget time we see what we can do Motion by Mr Selstad to 1 Go to 50% ~omparability starting at the end of this year--October through December, that will cost $63,000 2 Continue funding that at that level through 1992, fund 50% of that through the reserves in 1992 and fund the rest through budget shifts 3 Fro!!, 1';193 on we find a way to fund it without I:!,oing t() t Ie reserves 4 T his m 0 n e y go e s fir s t, for e lil" S tan d p r i tIJ a r i I Y to cat c h up the greatest iisparities, seconded by Mrs brougham ~i r F I a s cow i 11 v <) t e tI 0, be (, a use t his has bee nth row n at Co u n c i 1 ton i IS h t and they've had two minutes to digest this, it warrants further study He hasn't even reai the assessment by the City Administrator yet CITY CUUNCIL hINUTES August 1..-:, 1':191 Page -15- Discussion followed Mr Davis called for th~ question, seconded by Mr FIasco, carried 6-2 with Mr Eafanti and Mr E~wards voting No Vote on Mr ~elstad's motion failed 4-4 with Councilrnembers Shanley, Merkl, Brougham and Selstad voting yes Motion by Mr Selstad to continue this meeting to tomorrow night at 6 00 p m at the hheat Ridge Community Center, ~nd that this item be tabled until tomorruw, seconded by Mr Merkl, ~r FIasco amended the motion that there be no public input Motion carried ~-O Motion by Mr Selstad to go past 11 00 p ru and finish the Agenda other than the tabled item, seconied by hr Merkl, carried 6-2 with Mr Shanley and Mr Davis voting No CITY ATTORNEY'S MATTERS Mr Hayes asked for an Executive Session under Section 5 7(b)(j) of the Charter t'lr Shanley so ~ed, se(~otjded by !'Ir t'ierkl, carried b-(J ELECTED OFFICIALS' MATTERS Mr Merkl clarified with Mr Goebel that the Senior Resource Center purchased their gas from the City at our cost Mr Merkl has a real problem with what the Senior Resource Center is trying to pull He has asked for a breakdown how much they spend on the citizens of Wheat Ridge He has never heard anything back He moved that the City draft a letter and send a response back to the Senior Resource Center and demand that we are given a complete breakdown What percent is spent on the City of Wheat Ridge? They want $9,000 more from the City, but they are not willinB to ~lve Ui ~ ~r)per accounting If they do not give us an ac~ ''-E,ting, they don't get anything at budget time eit11er', seconded by Mr Davis, carried 8-0 Tony FIasco passed out a letter to Council frJm the vice president of the J3~kson City Council DRCOG is looking for people to serve on policy committees He has been informed that Represe~t,ti/'~ ;'llllatj is forrr,ing a committee to study the problems with Clear Creek, Council needs more information on this Mayor Wilde re~lied that on Thursday evening various entities would discuss what is happening with Clear Creek and he would be present at that meeting Phil Edwards asked th~L everyboiy look the figures over by tomorrow night and hopefully the salary matter would get done tomorrow night EXECUTIVE SESSION WAS HELD. CITY COUNCIL MINUT~S AUt',ust lc', 1991 f'age -'j- August 13, 1991 This is a ~ontinuation of the August 12, 1991 meeting The ilieeting was called to order at 6 35 p m by ~Iayor pro tem Tony FIasco Present were Coun(~ilnJembers Larry ~jerkl, Ron Selstad, Phil Edwards, Elise Brougham, Don Eafanti, and City Clerk Wanda Sang Not present were Mayor, Dan hilde, City Administrator, Mike Sith, City Attorney, John hayes, Councilmembers Kent Davis and Bill Shanley I tern 17 All Council members dis0ussed numerous ways to address the 0urrent problems with availability of money, dis0repancies in pay, 00mpaction problems with the matrix, etc They had several questions that could only be answered by the City Administrator and they tried to cal 1 hillJ on the telephone , but were tol d by his wife that he was not in They later instructed the poli0e department to 00ntact Mr Smith and ask him to come to the meetinb Mr Merkl asked that the Minute, reflect that we took a break to send the Police Dep3rtwent to try and bring the City Administrator to tktis meeting he were unaLle to accomplish that Council then decided that a Resolution was to be written by City Attorney John Hayes and brought to tkte next meeting, which addresses dire0tiun as to how the matrix is to be administered This should include a monetary reward for length of service, address compaction problem, wake fair and equitable pay to all empl'yees to the maximum amount that the City can afford, have one person responsible for the admini,tratLon of these funds, Coun~il ~annot sit here for the next two years and administer these funds individually, the problem as we see it has been in the administration of the matrix in the past, the expert we have brought in h~s tali us that, the administrator is to follow the advise of Mr Thornton as pre0ented at our meeting, the administrator must also show where the money comes from to fund this ~e want figures from the Adminstrator where the money is coming from first, then the figures of how this is being administered The policy will be set that in the future City Council will have much stronger input regarding specifi0ation as to what happens to the money At this point City Clerk Wanda Sang answered the telephone and reported to Council that Sgt Shaver had called and informed her that the City Administrator had been 'ontacted at his home and the City Administrator told him that he was not available to come to the meeting The City Attorney is to bring in another Resolution citing the City Administrator for a violation of Charter Section 5 5, which addresses his lack of accountability and 0redibility Council wants their strong dissatisfaction addressed CITY COUNCIL NI~UTES August 1":, 1991 Page -10- Motion by Nr Merkl that the hesolution wording be as discussed, seconded by Mrs Bruugharn, carried 6-0 City Treasurer, Jilli Halone, joined the [fJeeting at 8 3CJ p [II City Attorney, John Hayes, arrived at 915 p rr, (He had been called by M r F 1 as (, 0 eln (j boo e n ask e d to at ten d t his fIJ e e tin g a 1 t e r his IIJ e e tin g ~ t the City of Sheridan) Mr Flasco informed Mr hayes of the Council conse~sus to pass two Resolutions and that Council wanted Mr Hayes to ~roperly word them and get them back to Council They then repeated to Mr Hayes what had been previously discussed and what they wanted in the Resolutions Consensus was 5-1 not to ('cJmwit to any compensation funding at this tirr,e until budget time Meeting adjourned at 10 50 p m ---... ; - ( "! Ul-(J.-,~ ( i. Wanda Sang, City lerk APPRUVED BY CITY CUUhCIL Oh AUGUST 2b, 19S11 BY A VOTE OF z:Jll~ Kent Davis, Council President 8 TO 0