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Home My WebLink About12/09/1991 December 9, 1991 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO The City Council Meeting was called to order by the ~ayor at 7 3L p m Councilmembers present Elise Brougham, Kent Davis, Lon Eafanti, Phil Edwards, Vance Edwards, Tony FIasco, Ron Selstad, and Bill Shanley Also present City Clerk, Wanda Sang, 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 Works, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of November 25, 1991 Motion by Don Eafanti for the approval of the Minutes of November 25, 1991, seconded by Elise Brougham, carried 8-0 CITIZENS' RIGHTS TO SPEAK Ted Moore, 95~1 W 38th Avenue, alleged that a sewer bac~-up occured in his residence due to a mistake that Wycon Construction Company made while employed by the City of Wheat Ridge He asked that Council resolve this matter City Attorney, John Hayes, informed Council that this matter was in the hands of the City's insurance carrier and that we had done everything we were required to do Mr Hayes will provide Mayor Winger with updated int'ormation and the Mayor will call Mr Moore ROd Johnson, 3313 Wright Street, asked for $5,000 00 for the Jefferson Symphony Floyd harrison, 4700 Tabor Street, President for baptist Home ASSOciation, referred to his letter addressed to Council President Kent Davis, asking that the City waive various fees pertaining to the Mountain Vista construction project Consensus was 7-1 to put this on the 23rd at December City Council Agenda with considerably more information provided to Council, specifically how many more employees would be employed and how many of them live in Wheat Ridge LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Transfer of Ownership from CDA, Inc to L E Zeller Corporation, dba "Club Corner", 6551 W 44th Avenue Motion by Mr Shanley to approve the Transfer of Ownership from CDA, Inc to L E Zeller Corporation, dba "Club Corner", 6551 W 44th Avenue, Wheat Ridge, for the following reasons 1 All applications and fees required by statute have been filed and paid, 2 The applicants will be entitled tu occupancy of the premises by virtue of a signed lease dated November 14, 1991, 3 The applicants have been cleared by the Police Department, seconded by Mr FIasco CITY COUNCIL hINUT~S Decewber 9, 1591 Page -2- LeRter and Betty Zeller, 233 Yank Court, Lakewood, ap~licantR, were Rworn in by the hayor and anRwererl Council'R questions They stated that t~e heirs of Mr Fernbaugh had not ~hown any interest in taking over the Club because so wany debts had been incurred ~rs Brougham asked for a friendly amendment to the motion that this be contingent upon the Signing of the paperR by Janice Guildner Mr Shanley chanbed his motion to Rtate that thiR be a temporary license for 60 daYR and that at any point in time when the signed documentR were brought in it automatically be transferred over to a full operating license, Reconded by hr Davis, carried 7-1 with Mr FIasco voting No Mrs Brougham withdrew her friendly amendment PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 Council Bill 118 - An Ordinance providing for the approval of rezoning fronl Residential-One to Residential-One A on land located at 11675 and 11645 west 32nd Avenue, City of Wheat Ridge, Cuunty of Jefferson, State of Colorado (Case No WZ-91-6) (Ida Lewis ~state) Council Bill 118 was introduced on Recond reading by Mr Edwaros, title read by the Clerk, Ordinance No 882 assigned Glen Gidley presented the case Norman Markman, 143 Union Blvd, #660, Lakewood, attorney for the applicant, was preRent and asked for approval Motion by Mr EdwardS that Council Bill 118 (Ordinance 882), a request for approval of a rezoning from R-l to R-IA for property located at 11675 and 11645 W 32nd Avenue, be approved for the following reasons 1 The proposed rezoning iR conRiRtent with the ComprehenRive Plan 2 The proposed rezoning iR compatible with adjacent land use 3 The criteria uRed to evaluate a rezoning request appears to support this request, seconded by Mr Eafanti, carried 8-0 Item 3 Council Bill 121 - An Ordinance amending various provisions of Article III Code of Ethics, of Chapter 7 Elections of the Code of LawR of the City of Wheat Ridge to incorporate changes adopted by the Colorado General Assembly during its 1991 legislative sesRion Council bill 121 was introduced on second reading by Mr Eafanti, title read by the Clerk, Ordinance No 883 assigned Motion by Mr Eafanti for the adoption of Council Bill 121 (Ordinance 883), seconded by Mr Shanley, carried 8-0 CITY COUNCIL MINUTl~ December 9, 1991 Page -3- Item 4 Council bill 1~2 - An Ordinanue vacating a portion of Garrison Street north of ~est 35th Avenue (Case No ~V-SJI-2) within the City of ~heat Ridge, County of Jefferson, State of Colorado Council bill 12L was introduced un seuund reading by Mr Phil tdwards, title read by the Clerk, Ordinance No 884 assigned Mr Gidley presented the case Allen Held, 3590 Garrison Street, applicant, was sworn in by the Mayor and asked for approval Frank Pettigrew, 34SJO Harlan Street, a 9195 west 35th Avenue, was sworn in by present to represent Mrs Novakovich this case is being handled neighbor of Mrs Novakovich of the Mayor and stated he was She has no objections to the way John Eldredge, 3505 Garrison Street, was sworn in by the Mayor and has no objection to the vacation Terry Ten and spoke property !:.yck, 108/)5 Linda Vista, Lakewood, was on behalf of his father-in-law, who is He is in favor of this vacation sworn in by the Mayor a neighbor of the hot ion by hr Edwards that Council bill 122 (Ordinance 884), a request to vacate an unused portion of Garrison Street, be approved for the following reasons All outside agencies have no problem with the vacation 2 Public works has stated that they have no intention to improve the right-of-way as a public street Further that the following paragraph be added to the Ordinance "Provided, however, that there is reserved to the City and to providers of public utilities an easement within the vacated property, which easement shall be used for the purpose of maintaining public utilities within said property", seconded by Mr Shanley, carried 8-0 ORDINANCES ON FIRST READING Item 5 --- Council Bill 125 - An Ordinance repealing and reenacting Section 22-91 and Section 22-93 of Chapter 22, Article II of the Code of the City of Wheat Ridge, Colorado, pertaining to taxation of telephone exchanges Council Bill 125 was introduced by Mr Davis on first reading, title read by Clerk Motion by Mr Davis that Council Bill 12S be approved on first reading, ordered published, public hearing be set for Monday, December 23, 1991 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect on January 1, 1992, seconded by fvJr Eafanti, carried 8-0 CITY COUNCIL MINUT[S ItefiJ 6 fJ e c e OJ b e r 9, 1 SJ 9 1 Page -4- Council Bill 126 - An urdinance amending Cha~ter ~2 Taxation of the Code of Laws of the City of Wheat Ridge, Colorado, by adding a new Givision t t) Article II of Chapter 22 of the City's Code of Laws authorizing the City Council to designate certain "business Development Zones," provi~ing for the abatement of certain categories of fees, taxes, and other develupment-related charges for new developfiJent or redevelopment within said business development zones, whiuh businesses are expected to generate incremental revenue to the City equal to or exceeding the amount of any abatement Council Bill l~b was introduced by Mr Shanley on first reading, title read by Clerk Motion by Mr Shanley that Council Bill 126 be approved on first reading, ordered published, public hearing be set for Monday, January 13, 1992 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 Edwards, carried 6-2 with Elise Brougham and Tony FIasco voting No Mr FIasco feels that this will set a precedent and many other people will COfiJe in want a similar ordinance The City can't afford this I teru 7 DECISIONS, RESOLUTIONS, AND MOTIONS Resolution 1276 - amending Resolution 1267, Series of 1991, by authorizing an additional amount, not to exueed $l,(jOO 00, to acquire the property, and attendant water rights, at 422U Kipling Street, hheat Ridge, Colorado Resolution 1276 was introduced by Mrs Brougham, title read by the Clerk Motion by Mrs Brougham for the adoption of Resolution 1276, seconded by Mr Edwards, carried 8-0 I t em 8 Resolution 1277 - setting forth the City Council's request for denial of a proposed rezoning for the purpose of gravel extraction at the Sheep Mountain Quarry Phil Edwards asked to abstain on this possibility of a conflict of interest to abstain Item because of a remote Consensus was 6 in favor for him Resolution 1277 was introduced by Vance Edwards, title read by the Clerk Motion by Vance Edwards for the adoption of Resolution 1277, seconded by t'ir FIasco, carried 7-U CITY CUUNCIL MINUTES December ~, 19~1 Page -5- I tern 9 Motion by Mr Shanley to transfer $1000 00 from 199c' Unallocated Fund 01-607-795 to 199c' Community Beautification 01-603-861 and that City staff be authorized to ap~ly for matching funds from Culorado State forest Service for street tree planting, seconded by Vance ~dwards, carried 7-1 with Mr Davis voting No Item 10 ~lotion re House Garage Replace Roofs at Ye Olde Firehouse & the Berbert (RFB!/91-44) Motion by Mr Selstad that Moore Painting & Construction be awarded the contract to repair the roof at Ye Olde Fire House in the amount of their bid of $4,500 00 and that all costs be charged to account number 610-782, Uninsured Losses In addition, that Moore Painting & Construction be awarded the contract to repair the roof at Berbert House Garage in the amount of their bid of $3,375 00 and that all costs be charged to account number 54-601-877, Conservation Trust Fund In addition, that the contract (Purchase Order Number 21385) issued to Rainbow Roofing be rescinded on the basis of nonperformance Furthermore, that the funds be encumbered for the length of the Project which expressly allows the expenditure of funds in 1992 for this Project in accordance with Ordinance #787, 1989 Series, seconded by Vance Edwards, carried 8-0 Item 11 Motion re Johnson Park Playground Project (RFbU 91-43) Motion by Phil ~dwards that the Johnson Park Playground Project (RFB# 91-43) be awarded to Dirt-N-All Corporation in the amount of their Bid of $28,159 00 In addition, that a maximum amount uf 2% of the bid amount $564 00 be allocated for payment of any early completion of the project Furthermore, that a 10% contingency in the amount of $2,816 00 be established Also, that the Director of Parks and Recreation be authorized to issue change orders up to the total contract amount and contingency amount of $30,975 00 and that all costs associated with this Project be charged to account number 54-601-862 In addition, that the funds be encumbered for the length of the Project which expressly allows the expenditure of funds in 1992 for this Project in accordance with Ordinance #787, 1989 Series Furthermore, that this motion be contingent upon receiving all necessary documents with no changes added, seconded by Mr Shanley, carried 7-1 with Mr Davis voting no Item 12 Motion re 9-47) Swimming Pool Drainage Improvement Project (RFB# Motion by Mrs Brougham that the Swimming Pool Drainage Improvement Project (RFB# 91-47) be awarded to K E C I Colorado, Inc in the amount of their bid of $15,26SJ 00 Also, that a maxirrum amount of 2% of the bid amount $306 00 be allocated tor payment of any early completion of the project In addition, that a 10% contingency in the amount of $1,527 00 be established Furthermore, that the Director uf Parks and Recreation be authorized to issue change orders up to the total contract amount and contingency amount of $lb,796 00 and that all costs associated with this Project be charged to account number 54-GOl-877 CITY COUNCIL MINUTES December 9, 1991 Page -6- And finally, that the funds be encumbered for the length of the Project which expressly allows the expenditure of funds in 199c' for this Project in accordance with Ordinance 117b7. lSJb9 Series, seconded by Mr Shanley, carried b-(J Item 13 Motiun re Street Sweeper (HFBU 91-39) Motion by Mrs brOugham that the purchase of the Regenerative Air Sweepter awarded to Ace Equipment & Supply Co in the amount of their bid of $61,864 00 and the option of the protective coatinb be added in the amount of $2 250 00 for a total of $64,134 00 with the cost to be charged to account number 01-303-807 Furthermore, that the funds be encumbered for the time required for delivery of the Product which expressly allows the expenditure of funds in 1992 for this Product in accordance with Ordinance 11787, 1989 Series, seconded by Phil Edwards, carried 6-2 with Councilmembers Shanley and Selstad voting no Item 14 I-Jotion re 91-40) Street Maintenance Material for 1992 (RFBII Phil Edwards asked for consensus to abstain from voting on this Item because of conflict of interest Consensus was 7-0 to allow him to abstain Motion by Mr Eafanti that the City accept all bids submitted and direct the Public Works Department to purchase the Street Maintenance Material at the lowest cost to the City based on the haul cost and availability of the materials at the time of purchase and that all costs for these materials be charged to account number 01-303-660, seconded by Mr Shanley, carried 7-0, with Phil Erlwards abstaining I tellJ 15 Motion re Purchase of Gravely Two Wheel Drive Tractor (RFDII 91-45) Motion by Mr Selstad that ~ause Equipment, Inc be awarded the purchase of a Gravely Two Wheel Drive Tractor (HFB 1191-45) in the amount of their bid of $7,251 03 and that all costs be charbed to Acct No 603-809, seconrled by Phil Ed wards, carried 6-0 ItenJ 16 ~Jotion re Berbert house Irrigation Project (RFBII91-38) Motion by Vance Edwards that the Berbert House Irrigation Project (RFB #91-38) be awarded to glenn Kaiser, Inc i the amount of their bid of $10.166 88 That a maximum amount of 2% of the bid amount $204 (JO be allocated for payment of any early completion of the project That a 10% contingency in the amuunt of $1,017 00 be established That the Director of Parks and Recreation be authorized tu issue change orders up to the total contract and contingency amount of $11,183 88 and that all costs associated with this project be charged to Acct No 54-601-877 That the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1992 for this project in accordance with Ordinance #787, 1989 Series, seconded by Mr FIasco, carried 7-1 with Mr Davis voting No CITY CGUNCn ~iINUTl:.S-:- Ijec:ember 9,1991 Page -7- Item 17 t'JOtion re Appointment~ to t~e Electiun Commi~~ion Motion by Elise Brougfjam to table thi~ item until a later date, seconded by t'ir Davi~ City Clerk, handa Sang, a~ked that Council submit name~ of c:itizens that want to ~erve on thi~ commission Mr Fla~co will vote against the motion to table because the Charter ~ays we have to vote on this and if people have a problem with any of the people on the motion they can vote against it Motion carried 5-3 with Council members Fla~co, Eafanti and Shanley voting No Item 15 Discussion of statu~ of EDAHC Kent Davis asked to abstain from any votes on this item becau~e he has a financ:ial interest in the area that will be talked about Consensus was 7-0 to allow him to abstain Ann Pitinga, 1621 Glen Ayr Drive, Lakewood, was sworn in by the Mayor and stated she was pre~ent to answer any questions Council might have Craig Reynolds, 8755 h 41st Avenue, was sworn in by the Mayor, he is vice-chairman of EDARC and also offered to answer questions Jim ~indholz, 1650 38th Street, Boulder, was sworn in by the Mayor, he is the attorney for EDARC and also offered to answer questions Ron Myles, 5026 ~ Lake Place, Littleton, wa~ ~worn in by the Mayor, he offered to provide input to any discus~ion that might ensue Motion by Mrs Erougham that the pros and con~ of EDARC be put on the first regular meeting in January with the following materials supplied That the projected sales tax lost to the City from businesses under Urban Renewal be provided (what we gain and what we lose as far as revenue) That the City Attorney provide an Ordinance to desolve EDARC, which requires a 6 month notice by law to proceed (so you have 6 month lead time) That the Mayor or his representative discuss with Safeway their proposal and interest ur disinterest in using ECARC That the City Attorney provide inforwation on the disposition of the property tax increments, seconded by Mr FIasco, carried 5-2 with Phil Edwards and Bill Shanley voting No, Mr Davis abstaining I tenJ 19 f'iotion re Appointments of Judges and City Attorney Motion by Vance Edwards that ~unicipal Judges Randall Davis and Charles Hose be reappointed for a two-year term commencing January 1, 1992, secunde<1 by ~:r Shanley, c:arried 7-1 with Hr FIasco vuting No CITY COUNCIL MINUTES December 9, 1991 Page -8- Motion by Mr Flasco that John Hayes be reappointed as City Attorney for an iterim period, maximum 1 year, commencing January 1, 1992 In the iterim period Council deliberate the hiring of an in-house attorney, seconded by Mrs brougham, carried b-2 with Phil Edwards and Bill Shanley voting No ELECTED OFFICIALS' MATTERS Mayor ~inger stated that he had appointed a screening committee for City Administrator consisting of the following citizens Arie Verri~s, Tom Palmer, Tony FIasco, Ron Selstad, Lindy Meeks, Louise Turner, George Graul and Jeanette Rossillon He asked it Council had a problem with any of the appointments, answer was no He appointed the following ~ersons to the Financial Advisory Committee bill Powell, Bill Shanley, Vance Edwards, Jay Rasplicka, Jack Hurst, Jim Malone, Jean Fields and Nancy Snow This committee will look into the possibility of a tax increase and other matter, Kent Davis inquired about a hiring freeze discussed during budget meetings John Hayes stated that consensus was the freeze would take effect January 2 He asked that a memo be sent out to rewind everybody that the freeze was on, other than patrol officers Tony FIasco complained about the poor Cable TV reception and suggested a meeting with the company to discuss this again Don Eafanti asked that undergrounding of utilities be discussed again Bill Shanley asked for consensus to replace the bright lights in Council Chambers prior to the next meeting Consensus was b-Q He asked that on the next regularly scheduled meeting there be a Council decision on 3Sth & Allison Mr FIasco stated this street was closed by court order Mr Hayes stated that one Council can't bind the next Vote was tied 4-4 and Mayor Winger had to cast a vote to break the tie He voted no Elise Brougham aske~ for the record who voted for this Bill Shanley, Kent Lavis, Phil Edwards, Don Eafanti He asked that snow be removed out of the City's parking lot Motion by Mr Eafanti to have certain people come in and discuss undergrounding, seconded by ~r Selstad, uarried 8-0 CITY COUNCIL NINUTES December 9, 1991 Page -9- Consensus was 8 in favor to have these people come to the Public ~orks Committee first and then to Council Meeting adjourned at 11 00 P m I ~- !) '" l vC j I l....i... #' t.-.J -r City GJerk Wanda Sang, APPRO~ED BY CITY CUUNCIL ON DECEMbE~ c'3, lY91 BY A VOTE UF / < :::d.dc.c_z L>j Kent Davis, Council President 7 TO 0