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HomeMy WebLinkAbout07/13/1992 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO July 13, 1992 The City Council Meeting wa~ called to order by the Mayor at 7 30 p m Council members present Elise Bruug~am, Kent Davis, Don Eafanti, Phil Edwards, Vance Edwards, Tony FIasco, hon Selstad, and Bill Shanley Also present City Clerk, Wanda San~, City Administrator, Robert Middaugh, 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 Mr Shanley asked the Mayor to display a trophy in City Hall that had been presented to the City Soft Ball League for second place Mayor Winger congratulated the Girls Softball League of Jefferson County on their 40th anniversary CITIZENS' RIGHTS TO SPEAK Martin Cox, 5478 W 38th Avenue, wa~ sworn in by the Mayor, he is representing the 38th Avenue Merchants' Group He asked that their letter to the City be disregarded because it was based on erroneous information LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Motion to continue the liquor violation hearing for Valley Liquors to August 24,1992 Motion by Mr Shanley to continue this item to August 24, 1~92, at 6 30 p m at the request of the attorney for the alleged violator, seconded by Phil Edwards, carried 8-U I ten, 2 Application for a new Class F - Beer and Wine License with extended hours for rountry Cafe, Inc , 3291 Youngfieli Jervice Road, Wheat Ridge, Colorado Ardalan A Hardi, 1125U W 38th Avenue, applicant, was sworn in by the Mayor Also present was Mr Hardi's attorney, C Stephen Cantrell Motion by Mr Shanley to approve the application for a new Cla~~ F - Beer and Wine License with extended hours, for rountry Cafe, Inc , 3291 Youngfield Service Road, Wheat fiidge, Colorado, for the following reasons CITY COUNCIL MINUTES July 13, 1992 Page -2- (1) All applications and fees required by statute have been filed and paid, (2) Notine of ~earing and posting of the premises have been accomplished according to statutory requirements, (3) The applicants will be entitled to occupancy of the premise1 by virtue of a signed lease dated August 23, 1991, (4) The applicants have been cleared by the Police Department (5) The evidence adduced at the Public hearing on July 13, 1992 established that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by petitions bearing 69 signatures in favor of issuance, 12 signatures in opposition, and 20 signatures evidencing no opinion and that issuance of this license is consistent with the needs of the neighborhood under consideration, seconded by Mr Eafanti Mary Lou Chapla, 3445 Wadsworth Blvd, Julie Sieben, 1700 W 85th Avenue, liquor surveyors for the City of Wheat Ridge, were sworn in by the Mayor and answered Council's questions tvlrs Brougham not surveyed surveyors were insisted that the record note that the immediate area was This area is not in the City of Wheat Ridge and the instructed to only survey within the City's boundaries Motion carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 3 Council Bill 15 - An Ordinance amending the Wheat Ridge Municipal rode to increase the jurisdictional amount of the t~eft, theft by check, and criminal mischief ordinances to $400 00, in accordance with recently enacted statutory law Council Bill 15 was introduced on second reading, title read by the Clerk, Ordinance No 900 assigned Motion by Mr Davis for the adoption of Ordinance No 900 on second reading, seconded by Mr Shanley, carried 8-0 ORDINANCES ON FIRST READING Item 4 Council Bill 18 - An Ordinance to amend Article X, Massage Parlor Code of the Code of Laws for the City of Wheat Ridge, by exempting Massage Therapist from coverage Council Bill 18 was introduced by Phil Edwards on first reading, title read by the Clerk Motion by Phil Edwards that Council Bill 18 be approved on first reading, ordered published, public hearing be set for Monday, August 10,1992 at 7 30 pm in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Mr Selstai, carried 8-0 CITY COUNCIL MINUTES July 19, 1992 Page -3- Item 5 Council Bill 19 - An Ordinance adding Section 2-5 to the Wheat Ridge Municipal rode, concerning Municipal Disposition of Unclaimed Property Council Bill 19 was introduced by Mr Davis on first reading, title read by the Clerk Motion by Mr Davis that Council Gill 19 be approved on first reading, ordered published, that it be discussed at the Study Session of August 3, 199~ ani public hearing be set for Monday, August 24, 1992 at 7 30 p m in City rouncil Chambers, Municipal Bldg , and if approved on second reading, take effeJt 15 days after final publication, seconded by Mr FIasco, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 35th and Allison Street Matters A Revocable License Agreement B Resolution No 1292 C Resolution No 1293 D Council Bill 10 Mr Shanley explained that the agreement that the City had offered had been rejected by the Allison Street people, they had made a counter-offer Motion by Mr Shanley that we reject the counter-offer made by the Allison Street people, seconded by Mr Davis Nancy Snow, 1115~ W 40th Avenue, was sworn in by the Mayor, she spoke in favor of the Council accepting the residents' offer and against any kind of condemnation She does not think the residents' requests are unreasonable Ben Balay, 3561 Allison Street, was sworn in by the Mayor, wants to make point that the Allison Street residents have tried to be reasonable and want to come to an agreement with the City Motion failed 3-5 wit~ Councilmembers Phil Edwards, Davis, and Shanley voting yes Motion by Mr FIasco that we modify the agreement with the Allison Street residents to say that the sight distance at ~ 38th & Allison will be corrected and the light be moved by the end of 1993, further, that we do not include any third party signatures to the agreement, seconded by Vance Edwards Mr FIasco asked to include the changes suggested by Mrs Fields, that the attached Exhibit "A" be Exhibit "C", revise paragraph 6 to clarify its provisions, second accepted this Mr FIasco accepted a friendly amendment that the signal would not be moved until the sight iista'lr~e has been corrected He further asked that the signed agreement be at the City on July 21, 1992 Vance Edwards accepted this and called for the question, seconded by Mr Davis, carried 7-1 with Phil Edwards voting no Original motion carried 7-1 with Phil Edwards voting no CITY CUUNCIL MINUTES July 13, 1992 Page -4- Motion by Mr FIasco to hold an Executive Session under Section 5 7(b)(1) legal consultation and 5 7(b)(3) real estate appraisals of the Charter, seconde1 by Phil Edwaris, carried 6-2 with Vance Edwards and Mrs Brougham voting no Motion by Mr Shanley to table Items Band C until the next meeting, seconded by Mr FIasco, carried 7-1 with Vance Edwards voting no Motion by Mr Davis to table Council Bill 10, Item D , seconded by Mr Shanley, carried 6-2 with Vance Edwards and Mr Selstai voting no Item 7 Resolution 1300 - authorizing use of the public right-of-way by the Wheat Ridge Carnation Festival, Inc , to post signs exempt from regulation advertising the Wheat Ridge Carnation Festival Resolution 130U was introduced by Mr Selstad Motion by Mr Selstad that the City Administrator be authorized to transmit the $4,000 donation for the City of Wheat Ridge Carnation Festival as budgeted in Act 606-799 I further move that Resolution 1300 authorizing use of the Public Right-of-Way by the Wheat Ridge Carnation Festival, Inc , to post signs exempt from regulation advertising the Wheat Ridge Carnation Festival, be approved, seconded by Vance Edwards, carried 8-0 Item 8 Resolution 1301 - approving an intergovernmental agreement between the City of Wheat Ridge, the City of Arvada, the City of Lakewood, and the County of Jefferson, and authorizing the Mayor an1 rity Clerk to execute said intergovernmental agreement Resolution 1301 was introduced by Vance Edwards, title read by the Clerk Motion by Vance Edwards for the adoption of Resolution 1301, seconded by Phil Edwards Motion by Mr FIasco to amend to write in the agreement that their inspection on the W~eat Ridge site be under the approval of somebody from Wheat Ridge, either the Chief or his assistant, seconded by Mrs Brougham, failed 3-5 with Councilffiembers Eafanti, FIasco and Brougham voting yes Original motion carried 7-1 with Mr FIasco voting no Item 9 Bid Award for 1~92 Preventative Maintenance Program Motion by Vance Edwards that the 1992 Preventive Street Maintenance Project (in place recycling) Project NUlliber S-PSM 05-92 (RFB# 92-28) be awarded to Cutler Repaving, Inc in the amount of their bid of $48,840 00, that a maximum amount of 2% of the bid amount $977 00 be allocated for payment of any early completion of the project, that a contingency in the amount of $68,340 00 be established, that the Director of Public Works be authorized to issue change orders up to the total contract amount and contingency amount of $117,180 00 and that all costs associated with this Project be charged to Capital Improvement CITY COUNCIL HINUTE:::l Jul y 13, 1992 Page -5- Fund account number 30-303-b84, Preventive Maintenance, that the funds be encumbered for the length of the Project which expressly allows the expenditure of funds in 1993 for this Project in accordance with Ordinance #787, 1989 Serie~, ~econded by Mr Selstad, carried 8-0 Item 10 Bid Award for 1992 Concrete Rehabilitation Program Motion by Vance Edwards that t~e 1992 Concrete Rehabilitation Program, Project Number M-CGS-92, be awarded to S & D Construction Co , Inc in the amount of their bid of $164,319 30, that a contingency/force account in the amount of $2,400 00 be e~tabli~hed, that a maximum amount of 2% of the bid amount $3,287 00 be allocated for paymelt of any early completion of the Project, that the $70,000 be transferred from Capital Improvement Fund Account 30-303-8811, Preventive Maintenance to the Capital Improvement Fund Account 30-303-842, Curb and Gutter Program, that the Director of Public Works be authorized to issue change orders up to the total contract and contingency amount of $166,719 30 and that all costs associated with this Project be charged to account number 30-303-842, that the funds be encumbered for the length of the Project which expressly allows the expenditure of funds in 1993 for this Project in accordance with Ordinance #787, 1989 Series, seconded by Mr Selstad Motion by t'ir FIasco to amend the Motion to remove the properties that were on the list provided by Mr Hobbs and submitted by Mrs Brougham, seconded by Mr Davis, carried 5-3, with Council Members Vance Edwards, Brougham and Selstad voting no Motion by Mr FIasco to cut this program back to the original $100,000 00 budgeted, seconded by Mr Davis Call for the question by Mr Selstad, carried 6-2, with Phil Edwards and Mr Davis voting no Mr FIasco's Motion failed 3-5, with Mr Davis, Mr Eafanti, and Mr FIasco voting yes Original Motion by Vance Edwards carried 7-1, with Mr FIasco voting no Item 11 CONSENT AGENDA A 1991 Audit B Computer and Software Upgrades for Police Department C Slurry Seal Bid Award D Bid Award for 1YY2 Mise Drainage Improvement Project E Bid Awar1 for Microfilm Services F Bid Award for Microfilm Reader/Printer for Police Dept G Community Center Counter Area Remodeling H Bid Award for 1992 Traffic Signal Replacement I Purchase of Traffic Controller for Intersections at 49th & 50th, and Kipling CITY COUNCIL MINUTES July 13, 1992 Page -6- J Bij Awarj for Tandem Axle Dump Truck k City Administrator Hiring Process Expenses and motion to approve moving expense L Ratification of appointments to Committee on disposition of forfeited property Motion by Mr Davis that t~e Consent Agenda be approved in its entirety, seconded by Phil Edwards Mr FIasco asked that Items H I and J be removed Mr Selstad asked that Items A and D be removed Mrs Brougham is opposed to a consent agenda and moved for an amendment that we discuss each item separately and not have a consent agenda, secolld,;d by Mr Selstad' tied 4-4 with Councilmembers Selstad, Brougham, Eafanti, Vance Edwards voting yes Mayor Winger broke the tie by voting no Motion failed 5-4 Motion by Mr Davis that Items B C E F G k seconded by Phil Eiwaris, carried 7-1 with t'lrs L be approved, Brougham voting no Item A - Treasurer, Jim Malone, answered Councils' questions Motion by Mr Davis that the 1991 annual audit of the City of Wheat Ridge's financial statements be approved as presented, seconded by Phil Edwards, carried 8-0 Item D carried - hot ion by Mr 8-0 Shanley to approve, seconded by Phil Edwards, Item H and I Motion by Mr FIasco to approve, seconded by Vance Edwards, carried 8-0 Item J - Motion by Vance Edwards that Navistar Rocky Mountain be awarded the purchase of a Tandem Axle Dump Truck (RFB #92-34) in the amount of their bid of $57,561 00 to be charged to Acct No 01-303-807, seconded by Mr Shanley Mr FIasco asked for a friendly amendment to trade in the old truck, this was accepted Motion carried 8-0 Phil Edwards moved to reconsider Resolution 1299 tonight (Ballot questions No 3), seconded by Mr Selstad Mr FIasco will vote no, this has not been published and the public should be invited to speak on this, it looks like we are going to hide something Vance Edwards will vote no, because the Finance rommittee wanted this on the ballot, citizens have a right to vote on this, it looks like we are ~iding something Motion carried 5-3 with Councilmembers Vance Edwards, Bill Shanley, and Tony FIasco voting no rITY COUNCIL MINUTES July 13, 199<:' Page -7- Motion by Phil Edwards to rescind Resolution 1<:'99, seconded by Mr Selstad, carried 6-2 with Mr FIasco and Vance Edwards voting no CITY ADMINISTRATOR'S MATTERS Robert Middaugh updated Council on various items attached to the agenda as "information" Motion by Mr FIasco to amend the Urban Renewal Plan to consider that the backyards of the seven residences that front Upham Street be deleted from the Urban Renewal Plan and that this matter be set for public hearing before the Planning Commission and City Council, seconded by Vance Edwards, carried 7-0 with Mr Davis abstaining Motion by Mr Selstad to suspend the Rules and seconded by Phil Edwards, carried 6-2 with Mr voting no complete the Agenda, Davis and Mr Shanley Motion by Mr Shanley that we Computer RFP's, seconded by Mr Mr FIasco voting no give Mr Malone direction to go out for Selstad, carried 6-2 with Mr Davis and CITY ATTORNEY'S MATTERS John Hayes thanke1 Council for meeting with him last week clarification on the sidewalk liability discussion He asked for Motion by Mr Selstad to put this discussion on the next reasonably available Study Session (September or October), seconded by Mr Davis, carried 8-0 ELECTED OFFICIALS MATTERS Elise Brougham, inquired about her service requests, she wants composting Resolution--has never been placed on Agenda, she would like City's policy distributed on trip hazards on sidewalks Kent Davis has not agreed to composting resolution, distribution of City's policies should occur after Study Session Tony FIasco gave update on Senate Bill 208, wants consensus to have RTD make presentation, no consensus Wants consensus on City Council position on MAC extension--there was no Council support for the extension Ron Selstad moved to ratify Tony FIasco as the ex-officio member to EDARC, seconded by Mr Eafanti, carried 7-1 with Phil Edwards voting no Motion by Mr Selstad that Council pass a Resolution in support of ~ County Commissioners from specific districts instead of 3 commissioners at large, seconded by Vance Edwards Mr FIasco is supporting this motion because the three commissioners are so busy that they cannot even attend important meetings and cast their votes Mr Davis will support this motion only if both sides are heard when the Resolution comes in CITY ~OUN~IL MINUT~S July 13, 199.::' Page -8- Phil Edwards ha~ mixed emotions and also want~ to hear from both siies Vance Edwards supports this whole-heartedly Mr Davis asked for a friendly amendment that a presentation be given from both sides, acce~ted by motion-maker and second, car-ried 8-0 Bill Shanley moved that on September 21, 1992 rouncil make a decision on the width of W 38th Avenue between Wadsworth and Kipling, seconded by t1r Eafanti Mayor Winger called for the question, carried 6-2 with Vance Edwards and Mrs Brougham voting no Vote on motion failed 4-4 with Councilmembers Phil Edwards, Mr Davis, Mr Eafanti and Mr Shanley voting yes Mayor Winger br0ke the tie by voting yes Motion carried 5-4 Motion by Mr Shanley to adjourn and go to Executive Session, seconded by Mr Davis, carried 7-1 with Mr Flasco voting No EXECUTIVE SESSION WAS HELD. Meeting adjourned at 12 05 a m COUN~IL ON JULY 27, 1992 BY A VOT~ OF 8 TO 0 i1~ Council President 7127/92 Mr Selsta1 a~ked for an addition to these Minute~, to add under Elected Officials' Matters, Mr Sel~tad had the floor a~~igne1 to him, he was interrupted while he had the floor, by a call for the question Robert's Rules of Order says "After the floor has been assigned to a member, he cannot be interrupted by calls for the question either by the chair or by another member Whenever any member is speaking, the chair should protect him and his right to address to ~s~embly without interruption" He want~ to see that rule a~plied hereafter and wants it stated in the Minutes Minutes with Mr Sel~tad's addition were approved b-O