HomeMy WebLinkAbout08/26/1991
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
August 26, 1991
The City Council Meetin~ was called to urder by the ~ayor at 7 30 p m
Council members present Elise Brougham, Kent Davis, Don Eafanti, Phil
Edwards, Tony FIasco, Larry Merkl, Ron Selstad, and bill Shanley Also
present City Clerk, ~anda Sang, City Administrator, Mike Smith, City
Attorney, John hayes, City Treasurer, Jim Malone, Director of Planning,
Glen Gidley, Chief of Police, Jack Hurst, Director of Parks, Gary
Wardle, Director of Public ~orks, bob Goebel, staff, and interested
citizens
APPROVAL OF MINUTES of August 12, 1991
Motion by Mr Eafanti for the approval of the ~inutes of August 12,
1991, seconded by Mr Selstad, carried 8-0
CITIZENS' RIGHTS TO SPEAK
Ray Winger, 40S0 Ammons Street, was shocked to hear that the Mayor and
City Administrator did not attend the continued City Council of August
12 on August 13 This was such an important meeting that every effort
should have been made to attend however, he is not in favor of Council
sending the police to a man's home to bring him in If the Code of Laws
permits such a practice, it should be taken off the books This is not
a Police State City he was also upset about the Senior Resource Center
cutting the busride for seniors for 1 day per week
Joe husse, 223~ Lpham Street, representing the FOP, spoke regarding
Resolution 1262, expressing the Council's displeasure with City
Administrator Ihe FO~ feels that the real purIJose for this Resolution
is to project the responsibility for failing to deal with the pay crisis
onto the City Administrator, thereby giving City Council an excuse for
continued inaction on this important matter
Jean Schilling, 3009 Depew Street, spoke regarding the building going up
at 3020 Eaton Street The structure being built is a huge, rectangular
monstrosity with no windows Property values are being destroyed in the
neighborhood
Robin ~atkins, 3005 Depew Street, Tim Semple, 3002 Eaton Street, wayne
Halliburton, 2945 Depew Street, all agreed with Ms Schilling
Mr Gidley stated that this building complied with the Building Code and
there were no zoning violations Unless the building would be converted
for a use other than a garage, there was nothing that could be done
CITY COUNCIL MINUTlS
August 2b, 1991
Page -2-
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
I tern 1
Motion to approve the Change of Corporate Officers for Port 44,
Inc , doa "Port 44", 44uO ~ard Road, ~heat Ridge, Colorado
John Thorpe, 4333 Ulysess ~ay, Golden, applicant, was present and sworn
in by the Mayor and answered Council's questions
Motion by Mr Davis to approve the Change of Corporate Officers for Port
44, Inc , dba "Port 44", 4400 ~ard Road, Wheat Ridge, Colorado
The new corporate officer will be President, John T Thorpe, 4333
Ulysess ~ay, Golden Samuel Keys will remain the Secretary/Treasurer,
seconded by Mr Shanley, carried 8-0
Item 2
Motion to approve the Transfer of Ownership for Paramount
Lanes, 2b25 Kipling Street, Wheat Ridge, Colorado
Chris Farnham, 3785 Garland Street, was sworn in by the Mayor
Council member Merkl stated he had a problem with this license Part of
the liquor license was based on character There is a problem with the
police report looking at the D U I and some of the other information
that's on the applicant's application At this time he would request
that this license is postponed for further police investigation and for
further background check on the applicant, seconded by Mr Selstad,
carried 6-2 with Mr Shanley and Mr Eafanti voting No
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 3
Council Sill 99 - Amending the provisions of Section 26-33
(8)(3) Excavation and Deposit Control of the Code of Laws of
the City of wheat Ridge
Council Bill 99 was introduced on second reading by Mr Shanley, title
read by the Clerk, Ordinance No 872 assigned
Motion by Mr Shanley for the adoption of Ordinance 872, seconded by Mr
Merkl, carried 8-0
Item 4
Council Bill 100 - An Ordinance providing for approval of a
Mass Rezoning to Agricultural-One for all properties currently
zoned Agricultural-Two in an area bounded by West 52nd Avenue
on the North, West 38th Avenue on the South, Young field Street
on the west ann Quail Street on the East, City of Wheat Ridge,
County of Jefferson, State of Colorado
(Case No WZ-90-3) (City of Wheat Ridge)
Motion to Table this Council Bill. (See new Council Bill 116)
Motion by Mr FIasco to table Council Bill 100, seconded by Mr Shanley,
carried 8-0
CITY COUhCIL MINUTES
August 26, 1991
Page -3-
Item 5
ORDINANCES ON FIRST READING
Council Bill 114 - An Ordinance amending Sections 2-34, 15-5,
and 15-9 of the Code of Laws of the City of Wheat Rid~e
providing that the issuance of notices to abate nuisances is a
matter in the discretion of the City's Code Enforcement
Officers
Council Bill 114 was introdu0ed by Mr Edwards on first reading, title
read by the Clerk Motion by Nr Edwards that Council Bill 114 be
approved on first reading, ordered pUblished, public hearing be set for
Monday, September 23, 1991 at ? 30 p m in City Council Chambers,
Municipal Bldg , and if approved on se00nd reading, take effect 1 day
after final publication, seconded by Mr Davis, carried 8-0
I tern 6
Council Bill 115 - An Ordinance repealing and reenactin~
Sections 2-62 and Section 19-21 through 19-29 of the Code of
Laws of the City of Wheat Ridge
Council Bill 115 was introduced by Mr Shanley on first reading, title
read by Clerk Motion by Mr Shanley that Council Bill 115 be approved
on first reading, ordered published, public hearing be set for Monday,
September 23, 1991 at 7 30 p m in City Council Chambers, Municipal
Bldg , and if approved on second reading, take effect 1 day after final
publication, seconded by Mrs Brougham, carried 8-0
Item 7
Council Bill 116 - An Ordinance amending the provisions of
Section 26 Article I of the Code of Laws of the City of Wheat
Ridge, hereafter referred to as the Zoning Code of the City of
Wheat Ridge, and providing for the adoption of regulations
pertaining to the Agricultural-Two Zone District
Council Bill lIb was introduced by Mr FIasco on first reading, title
read by Clerk Motion by Mr FIasco that Council Bill 116 be approved
on first reading, ordered published, public hearing be set for Monday,
September 23, 1991 at 7 30 p m in City Council Chambers, Municipal
Bldg , and if approved on second reading, take effect 15 days after
final publication, seconded by Mr Selstad, carried 8-0
Item 8
DECISIONS, RESOLUTIONS, AND MOTIONS
Resolution 12bl - authorizing reimbursement from the City of
Wheat Ridge's attributable share of the Jefferson County Open
Space Fund for Parks and Open Space Development
Resolution 1261 was introduced by Mr Davis, title read by the Clerk
Motion by Mr Davis that Resolution 1261, authorizing payment from
Jefferson County Open Space be approved, and the t'iayor be authorized to
sign the intergovernmental agreement entitled "Request for Reimbursement
and Certification of Use of Funds" which is required by Jefferson County
Open Space before payment from the City of Wheat Ridge's attributable
share can be released, seconded by Mr Merkl, carried 8-0
CITY COUNCIL MINUTES
August 26, 1991
Page -4-
Item 9
Resolution 1262 - expressing the extreme displeasure of the
City Coun0il at the absen0e of the City's Administration from a
continued City Coun0il Meeting held August 13, 1991
Resolution 1~b2 was introduced by Mr Herkl, title read by the Clerk
Motion by Mr Herkl for the adoption of Resolution 12b2, seconded by
hrs Brougham
Nr Merkl explained how this resolution had come about Council was
prepared to vote for a pay raise that night, but they needed accurate
figures before making a decision and no one from the Administration was
present to provide that information
Mr Shanley will not vote for this Resolution because the
has written a memo saying that it is not in the Council's
discipline the City Administrator, it is up to the Mayor
Mike's courage for standing up for what he believes in
the pay issue
City Attorney
authority to
He admires
Let's move on
Mr Davis will vote for this, he met with the Mayor and three other
Council members over this issue and was not satisfied with the outcome
He voted against all pay increases, it is a matter to be budgeted at
budget time Council was slapped in the face by Mr Smith as far as he
is concerned
Mr Selstad is amazed
the Council's fault
City Administrator
that people came in here tonight and said it was
He quoted from the Code of Laws the duties of the
Mr Edwards stated that this whole pay issue is very frustrating It
was already a problem when he came on Council two years ago and it still
hasn't been resolved The figures they received on Tuesday needed some
explaining He doesn't think the whole thing was Mike's fault, but he
will vote for this Resolution because Mike should have been at the
meeting according to the Charter
Mrs Brougham said it is clear that the City Administrator should have
been there
Motion carried 7-1 with Mr Shanley voting No
Mayor ~ilde hoped that Councilmembers all had a really warm feeling for
what they had done here tonight
Mike Smith expressed his anger, frustration, unmet expectations,
uncertain commitment and felt that the employees feel the same way
Employees have left key positions and others face increased work load
until the replacements are fully trained They look to Council for a
clear compensation policy He strongly urged Council to develop a
policy statement as to what they truly believed was the best for this
(~ommunity
CITY COUNCIL MINUTES
August 26, 1991
Page -5-
Item 10 Resolution 1263 - stating areas of the City Coun0il's concerns,
and establishing areas of the City Council's involvement, in
the establishment and fundin~ of the Matrix System currently
utilized to provide for City of ~heat Ridge employees'
compensation
~esolution 1263 was introduced by Mrs Brou&ham, title read by the
Clerk
Motion by Mrs Brougham for the adoption of Resolution 1263, seconded by
~jr Selstad
Mr Shanley stated that if the purpose of this Resolution was for the
City Administrator to work the matrix and then explain it to Council, he
could go along with it If Council were to work it themselves, he would
not be supportive
Mr Merkl explained the intent of this Resolution is for Council to look
at where the money is being put
Mr Davis was on the original group that developed the matrix, he feels
the City Council should fund it, the City Administrator administers it
Mr Edwards is a little nervous about this Resolution, because this
might be a case where too many cooks spoil the broth Council should
just oversee the process
Rod Johnson was also on the original matrix cOffimission Council was to
fund the matrix, the administrator distributes it Something is
obviously wrong, it is either not funded right or not administered
right Wheat Ridge has 60% more police officers than the surrounding
areas Maybe we don't need that many officers and that's where the
funding can come from Do we need all the people at the higher levels
of Wheat Ridge City government? ~e have too many Chiefs and not enough
Indians Compensation is the #4 criteria for people leaving jobs, not
#1
Motion carried 7-1 with Mr Davis voting No
Item 11 Purchdse Award for Christmas Decorations (RFB #91-3b)
Motion by Mr Eafanti that Wayne Manufacturing Company be awarded the
purchase of the Christmas Decorations in an amount not to exceed
$5,000 00 and that all costs be charged to Unallocated Fund Balance
Acct No 304-809
I further move that $5,000 00 be transferred from Unallocated Fund
Balance Acct No 610-795 to A0ct No 304-809,
seconded by Mr Shanley, carried 8-0
CITY COUNCIL MINUTE~
August 26, 1991
Page -6-
I tew 12
Purchase Award for Hydraulic Slide Gate for Public Works Shops
(RFB fi91-33)
Motion by Nr Merkl that American Garage Door, Inc be awarded the
purchase and installation of the Hydraulic Slide Gate (RFB fi91-33) for
the amount of their bid of $0,402 00 and that all costs be charged to
Acct No 305-812, seconded by Mr Davis, carried 8-0
Itew 13 Contract AWard for Street Tree Maintenance for 1991 (RFB
#91-3c')
~otion by Mr Edwards that Colorado 1ree & Shrubbery Specialists be
awarded the contract for the Listed Trees to be trimmed & removed for
1991 (RFB #91-32) for the amount of their bid of $13,374 00 and that all
costs be charged to Acct No 603-704
I further move that we accept the rates submitted by Asplundh Tree
Expert Company and Schulhoff Arborist Service, Inc for the Emergency
Tree Service Work with either or both firms to be used on the basis of
availability of the contractor at the tiwe of the emergency and that all
costs for these services be charged to Acct No 603-704
I further wove that the funds be encumbered through May, 1992, for the
Emergency Tree Service Work, which expressly allows the expenditure of
funds in 1992 for this service in accordance with Ordinance #787, 1989
Series, seconded by Mr Eafanti, carried 8-0
Item 14
Purchase Award for Computer Hardware & Software (RFB #91-34)
Motion by Mr Shanley that Central Computing be awarded the purchase of
the Computer Hardware and Software (RFB #91-34) for the amount of their
bid of $7,775 00 and that all costs be charged to Acct No 117-809
I also move that Central Computing be awarded the purchase of the Cobol
Compiler for the amount of their bid of $2,995 00 and that all costs be
charged to Computer Software A0ct No 117-775, seconded by Mr Eafanti,
carried 8-0
Item 15
Appointment to CML Policy Committee
Motion by Mr FIasco to appoint Larry Merkl to the CML Policy Committee,
seconded by Mr Edwards, carried 8-0
I t em 16
Discussion of municipal liability - presentation by Personnel
Assistant and City Attorney - showing of 16 minute video
Video was presented by City Attorney, John Hayes, and Personnel
Assistant, Patty Crew
CITY ATTORNEY'S MATTERS
John Hayes gave update on various legal matters and asked for an
Executive Session under 57(b)(I)(B) Mr Shanley so moved, seconded by
Mr Edwards, carried 8-0
CITY COUNCIL MINUT
August 26, llJ91
Page -7-
ELECTED OFFICIALS' MATTERS
Bill Shanley read letter into the record, which asked to hang banners
for the Farmers Five Thousand race
Motion by Mr Shanley to approve the banners, seconded by Mr Merkl,
carried 8-0
Larry Merkl asked that staff continue working on the 35th & Fenton sewer
problem He asked that the City work with Jefferson County and Gpen
Space to provide parking spaces for about 150 vehicles to provide a
trail head for the greenbelt He also asked for some parking on ~ 32nd
and Garland for Crown hill parking He asked for an update on the
Senior Resource Center problem
Elise Brougham asked Council consensus to incorporate the state laws on
campaign contributions into our ordinance She requested that the City
Administrator request from Mr Gidley a diagram what is allowed in fi-lC
and what ~as allowed before, so we can see what has been changed,
seconded by Mr Selstad, carried 5-3 with Councilmembers Shanley, Davis,
and Edwards voting No
She also asked for consensus to put on a Study Session to enact a City
law to comply with H B 91-1088 re cigarettes, seconded by Mr
Selstad, failed 3-5 with Councilmembers Brougham, Selstad, and FIasco
voting yes
Tony FIasco asked for consensus to have John bring in a Resolution
regarding Open Meetings supporting our Charter as opposed to the
proposed legislation, seconded by Mr Edwards, carried 8-0
Mayor wilde brought Council's attention to the Resolution passed out
tonight regarding the Sheep hountain Quarry Motion by Mr Shanley to
approve the Resolution, seconded by Mr Eafanti, carried 7-0 with Mr
Edwards abstaining
Ron Selstad moved that we ste~ in to get the 17
Thursday, seconded by Mr Flasco, carried 8-0
deliver the meals to the people, rather than to
people meals on
Recommendation was to
try and bring them in
Motion by Mr Merkl for adjournment immediately following the Executive
Session, seconded by hr Davis, carried 8-0
EXECUTIVE SESSION WAS HELD
adjourned at 10 25p m
APPROVEG B~TY COU CIL at>. ~EPTEhBEfI 9, 1991 BY A VOTE OF
~J IJ~~~l
Kent Davis, Council President
8
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