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
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