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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 TO 0