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Home My WebLink About12/02/1992 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO December 2, 1992 (Postponed from November 23, 1992) The City rouncil Meeting was callei to order by t~e Mayor at 7 30 p m Council members present Elise Brougham, Don Eafanti, Phil Edwards, Vance Erlwaris, Tony FIasco, Ron Selstarl, and Bill Shanley Kent Davis was absent Also present ritv rlerk, Wanrla Sang, rity Aiministrator, Robert Middaugh, City Attorney, John Hayes, City Treasurer, Jim Malone, Director of Planning, Glen Giiley, Chief of Police, Jack Hurst, Director of Parks, Gary Wardle, staff, and interesterl citizens APPROVAL OF MINUTES of November 9, 1992 Motion by Mr Eafanti for the approval of the Minutes of November 9, 1992, seconderl by Mr Selstad, carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor Winger presented Certificate of Recognition to Wheat Rirlge Thunderbolts Football Team Glen Gidley was presenterl with an Award from the American Planning Association Bill Powell was presented wit~ an Award for Outstanding Finance Assistant CITIZENS' RIGHTS TO SPEAK Barney Self, 11847 Cherry Drive, Thornton, was sworn in by t~e Mayor He updated Council on the rommunity Programming for American Cablevision Mayor Winger asked that Item 19 be moved up to Item 11 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 24 - An Ordinance repealing Sections 3 , 4 , and 5 of Ordinance No 400, Series of 1980 and amending Section 5-77 of the rorle of Laws of the rity of Wheat Riige by adopting a new fee sc~edule for electrical permits and enacting Sections 5-81 and 5-82 of the rode of Laws of the rity of Wheat Ridge Council Bill 24 was introduced by Mr Selstad on second reading, title read by the rlerk, Ordinance No 907 assigned CITY COUNCIL hINUTES December 2, 1992 Page -2- Mr Midiaugh stated that those fee~ had not been rai~ed ~ince 1980 Motion by Mr Selstad for the adoption of Souncil Bill 24 lOrdinance 907), seconrjed by Mr Eafanti, carried 7-0 Item 2 rouncil Bill 25 - An Ordinance repealing Section 7 of Ordinance No 642, Series of 1985 ani amending Section 5-41 of the Code of Laws of the rity of wheat Ridge and adopting by reference t~e building valuation data as publi~hed in the Building Standards Magazine by the International ronference of Building Official~, providing a basi~ for e~tablishing building permit fees Council Bill 25 wa~ introducei on second reading by Mr Sel~tad, title read by the Clerk, Ordinance No 908 as~igned Motion by Mr Selstad for the adoption of Ordinance No 908, seconded by Phil Edwards Mr FIasco moved for an amendment that t~e woris "Such adjustment shall be automatic without need for further City Council action" be deleted and in their place be put "The new standards will be submitted to City Council. for verification" This was accepted as a friendly amendment Mr Middaugh suggested that the next sentence regarding publication al~o be removed Motion by Mr~ Brougham to table Ordinance 908, seconded by Vance Edwards, carried 6-1 with t-'lr Shanley voting no Mayor winger asked for consensus to move up Item 15 to clear up the public ~earing dates for the Oriinances on first reading Consensus was 5 in favor Item 15 Motion to cancel the December 28, 1992 Council Meeting Motion by Mr Shanley to cancel the December 28, 1992 Council Meeting, seconded by Phil Edwards, carried 4-3 with Councilmember~ Vance Edwards, Selstad, and Brougham voting no ORDINANCES ON FIRST READING Item 3 Council Bill 27 - An Ordinance repealing and reenacting Section 5-76 of the Code of Laws of the City of Wheat Ridge, adopting by reference the Uniform Builiing Code, 1991 Edition, ropyright 1991, providing for certain amendments thereto, and providing penaltie~ for violation t~ereof Council Bill 27 was introiuced by Mrs Brougham on first reading, title read by the rlerk Motion by Mrs Brougham t~at rouncil Bill 27 be approved on first reading, ordered publisherJ, public hearing be set for Monday, January 11, 1993 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on ~econd reading, take effect 15 day~ after final publication, seconded by Phi 1 Edwarrls, carried 7-0 ~ITY ~OUNCIL MINUTES December 2, 1992 Page -3- Item 4 Council Bill 28 - An Ordinance repealing and reenacting Section 5-78 of the Code of Laws of the City of Wheat Ridge, Colorado, adopting by reference the Uniform Mechanical Code, 1991 Edition, copyrig~t 1991, providing for certain amendments t~ereto, and providing penalties for violation t~ereof Council Bill 28 was introduced by Mr Sel~tad on fir~t reading, title read by the Clerk ~otion by Mr Selstad that Council Bill 2~ be approved on first reading, ordered published, public hearing be ~et for Monday, January 11, 1993 at 7 30 p m in rity Council r~amber~, Municipal Bldg , and if approved on ~econd reading, take effect 15 days after final publication, ~econded by Vance Edwards, carried 7-0 Item 5 rouncil Bill 29 - An Ordinance repealing and reenacting Sections 5-79 of the Code of Laws of the City of Wheat Ridge, adopting by reference the Unifor~ Plumbing Code, 1991 Edition, providing for certain amendments thereto, and providing penalties for violation t~ereof Council Bill 29 was intrOduced by Vance Edwards on first reading, title read by the rlerk Motion by Vance Edwards t~at Council Bill 29 be approved on first reading, ordered published, public hearing be set for Monday, January 1 1, 1 993 at 7 30 p rn in C it y Co u n c i 1 C ham b e r s, 1'1 u n i c i p a I BId g , and if approved on second reading, take effect 15 days after final publication, secon ded by Phil E,dwards, carried 7-0 Item 6. Council Bill 30 - An Ordinance repealing and reenacting Section 5-80 of the Code of Laws of the City of Wheat Ridge, Colorado, adopting by reference the Uniform Code for the Abatement of Dangerous Buildings, 1991 Edition, copyrig~t 1991 and providing penalties for violation thereof Council Bill 30 wa~ introduced by Phil Edwards on first reading, title read by t~e Clerk Motion by Phil Edwards t~at rouncil Bill 30 be approved on first reading, ordered published, public hearing be set for Monday, January 11, 1993 at 7 30 p m in rity rouncil Chamber~, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Mr Eafanti, carried 7-0 Item 7 Council Bill 31 - An Ordinance amending Section 5-102, relating to Contractor Licensing, ~ection 5-116, Exceptions, Section 5-117, Classifications, and Section 5-121, Fees Council Bill 31 was introduced by Mr Eafanti on first reading, title read by t~e Clerk CITY CUUNCIL MINUTES uecember 2, 1992 Page -4- Motion by Mr Eafanti that Council Bill 31 be approved on first reading, ordered published, public ~earing be set for honday, Januarv 11, 1993 at 7 30 p m in rity Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Vance Edwards, carried 7-0 Item 8 Council Bill 32 - An Ordinance repealing Section 8-1 and reenacting Section 8-1 of t~e Code of Law~ of the City of Wheat Ridge, adopting by reference the Uniform Fire Code, 1991 Edition, copyright 1991 providing for certain amendments t~ereto, and providing penalties for violation thereof Council Bill 32 was introduced bv Mr Selstad on first reading, title read bv the Clerk Motion by Mr Selstad that rouncil Bill 32 be approved on first reading, ordered published, public hearing be set for Monday, January 11, 1993 at 7 30 p m in City rouncil rhambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Mrs Brougham, carried 7-0 Item 9 Council Bill 33 - An Ordinance providing for the approval of a Special Use Permit in R-3 and R-1C Zone District~ to allow a Public Utility wit~ outside storage on land located at 5260 West 29th Avenue, City of ~heat hidge, County of Jefferson, State of rolorado (SUP-92-4) (Denver Water Department) Council Bill 33 was introduced by Vance Edwards on first reading, title read by the Clerk Motion by Vance Edwards t~at Council Bill 33 be approved on first reading, ordered published, public ~earing be set for Monday, January 11, 1993 at 7 30 p m in City Council Chamber~, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Mrs Broug~am, carried 7-0 Item 10 Council Bill 34 - An Ordinance vacating a portion of Union Street within the City of Wheat Ridge, County of Jeffer~on, State of Colorado rouncil Bill 34 wa~ introduced by Mr Shanley on first reading, title read bv the rlerk Motion by Mr Shanley t~at rouncil Bill 34 be approved on first reading, ordered published, public hearing be set for Monday, January 11, 1993 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on ~econd reading, take effect 1 day after final publication, seconded by Vance Edwards, carried 7-0 r.ITY CUUNCIL MINUTES Decewber 2, 1992 Page -5- ronsensus wa~ 7 in favor to move u~ Item 19 Item 19 Approval of Rancho del Sol Master Plan Gary Wardle introduced the proposed Rancho del Sol Ma~ter Plan Ed Shalkey, architect for t~e Ma~ter Plan, was sworn in by the Mayor and gave presentation Mark Striegnitz, 12001 W 32nd Drive, was sworn in by the Mayor, neighbors wanted only minimal development, they moved there for wildlife and solitude, many problem~ will result from developing this into a park John Stephens, 12060 W 32nd Drive, was sworn in by the Mayor, ~e submitted petition~ from the neig~borhood asking t~at the area remain Open Space Marie Osse, 12061 W 32nd Drive, was sworn in by t~e Mayor, she originally petitioned the City to buy thi~ land as Open Space, don't buy playground equipment, leave it as Open Space, suggested to rename thi~ Park Louise Turner, 11256 W 38th Avenue, was sworn in by the Mayor, she spoke in favor of keeping the park natural and preserving the wildlife, don't clean the park so much that wildlife can't ~ide, provide some crossing for Lena Gulc~ Janice Thompson, 12290 W 42nd Avenue, was sworn in by the Mayor, she was speaking on behalf of the Wheat Ridge Park~ rommission The proce~s of cowing to this final park design is good, encouraged Council to continue this process Motion by Mrs BrOugham that the proposed Master Plan for t~e Rancho del Sol Open Space property be approved I further move that the drainage improvements be submitted to Urban Lrainage and Flood Control District for their approval, seconded by Mr Eafanti, carried 7-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 11 Re~olution 1321 - establishing Pro~erty Tax Mill Levy for 1993 Resolution 1321 was introduced by Mr Selstad Mr that the mill levy i~ exactlv the same a~ it was in Middaugh explained 1992 Motion by Mr Selstad for t~e adoptiun of Resolution 1321, seconded by I'lrs Brougham, carried 7-0 CITY CUUNCIL MINUTES Item 12 December 2, 19S2 Page -6- Resolution 1322 - aut~orizing the Mayor to sign Inter- governmental Agreement with Jefferson County Open Space re acquisition of three parcels of land at 3975 hipling Street, 4075 Kipling Street and 41st and Kipling Street Resolution 1322 was introduced by Mr Shanley, title read by the Clerk tvlotion by tctr f"1r Eafanti, Item 13 Shanley for the adoption of Resolution carried 7-0 13<='<=', seconded by Resolution 1323 - establishing t~e boundaries of and creating a Business Development Zone within the City of wheat Ridge Resolution 1323 was introduced by Vance Edwards, title read by t~e C1erk Motion by Vance Edwards for the adoption of Resolution 1323, seconded by Mr Eafanti, carried 6-1 with Mrs Brougham voting no Item 14 Resolution 1324 - approving the Transfer and Assignment by Time Warner Entertainment Company, L P , dba Time Warner Cable, to Trr Cablevision of Texas, Inc Resolution 1324 was introduced by Mr Shanley, title read by the Clerk Mr Middaugh asked that the Resolution be changed under Section 6 to e!elete t~e word "begin" and replace it with "complete" and that t~e word "Franchisee" be changed to "TCIC-TX" Steve Dougherty, General Manager of TrIr, was sworn in by t~e Mayor, he gave upe!ate on improvements planned for the cable system and asked for approval of this Resolution Kevin Ryan, 3194 S Milwaukee, Denver, was sworn in the acting systems manager for t~e wheat Ridge area on the current rates and a6reed that rates would be future by t~e Mayor, he is He updated Council increased in the Motion by Mr Shanley for approval of Resolution 1324 as printee! with the following changes In Section b the three times the word "franchisee" appears, substitute "TCIC-TX", and second line, last word, t~e wore! "begin" be changed to "complete", seconded by Phil Edwards Motion by avail abl e Broug~arn, Item 16 Vance Edwards to postpone this item until after the first Study Session after the first of the year, seconiei by Mrs carried 5-2 with Phil Edwards ani Mr Shanley voting no Motion to waive hiring freeze Mr Middaugh asked that the hiring freeze be waived for a Traffic Control Technician, two Police Dispatchers and an Animal/Parks Enforcement Ufficer CITY rOUNCIL MINUTES December 2, 1992 Page -7- Motion by Vance Edwards t~at t~e hiring freeze be waived to allow the hiring of a traffic control technician, seconied by Phil Edwards, carried 6-1 wit~ Mr FIasco voting no Mr FIasco wants t~e ~iring freeze to stay in effect until the budget is passed We are talking about letting people go and now we are hiring more people Motion by Vance Edwards t~at the hiring freeze be waived to allow t~e hiring of 2 dispatcher~ for the pOlice department, seconded by Phil Edwards, carried 6-1 with Mr FIasco voting no Motion by Vance Edwards that the hiring freeze be waivei to allow the hiring of an animal/parks enforcement officer, seconded by P~il Edwards, failed 1-6 with Vance Edwards voting yes Item 17 Computer Software Purchase Motion by Mr Shanley t~at the Governmental Financial Software Contract (RFP 1192-011), be awarded to American Data Group in an amount not to exceed $29,921 00 and that all costs be charged to Acct No 01-117-755 I further move that $29,921 00 be transferred from Unallocated Fund Balance Acct No 01-607-795 to Acct No 01-117-755 I furt~er move that the funds be encumbered for the length of the time required to fully implement the software programs whic~ expressly allows the expenditure of funds in 1993 for this project in accordance with Ordinance 11787, 1989 Series, seconded by Phil Edwards, carried 6-1 with Vance Edwards voting no Item 18 Traffic Signal Bid Awards Motion by Mr Shanley that the 1992 Traffic Signal Improvement Program (RFB 1192-45), Project Number T-TSI 02-92 be awarded to W L Contractors in the amount of their bid of $27,680 00 I further move that a contingency/force account of 15% in the amount of $4,152 00 be established I further move that a maximum amount of 2% of the bid amount, $554 00, be allocated for payment of any early completion of the project I further move that the Director of Public Works be authorized to issue change orders up to t~e total contract and contingency amount of $31,832 00 and that all costs associated with this project be charged to Acct No 30-304-843 I further move 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 11787, 1989 Series, seconded by Mr Selstad, carried 7-0 Motion by Mr Shanley t~at t~e poles and cabinet for t~e intersection of 41st and Pierce be purchased from Gades Sales Company, Inc for the amount of their written quote of $12,444 00, and that all costs be charged to Capital Improvement Fund Acct 30-304-843 I further move that t~e funds be encumbered for t~e lengt~ of time required for receipt of the items which expressly allows the expenditure of funds in 1993 for this purchase in accordance with Ordinance 11787, 1989 series, seconded by Mr Selstad, carried 7-0 CITY COUNCIL MINUTES December 2, 1992 Page -8- Item 20 Contract Attorney v~ In-House Attorney Review Motion by Vance Ejwards t~at we continue to u~e a contract 3ttorney, rather than an in-house attorney, seconded by Phil Edward~ Mrs Brougham askei that the record reflect that in Mr Middaugh's memo, which is part of this Abenda, it states that "in assessing the ability of the contract or in-hou~e attorney to practice preventative law, it was judgei th3t an in-house attorney would offer a municipality a greater advantage than a contract attorney The very nature of a contract attorney relationship who i~ paid by t~e hour, mitigate~ against inclusion of a contract attorney in discu~sions which might be -termed preventative law" S~e would like Council to be advised what is inadvisable for them to pursue and she feels that they haven't been told that in the past This is a good advantage of an in-house attorney according to Mr Middaugh's memo Motion carried 6-1 with Mr FIasco voting no Item 21 Motion for election of Mayor pro-tem and City Council President Motion by Mr Selstad to re-nominate Mr FIasco as mayor pro-tem, seconded by Vance Edwards, carried 7-0 Motion by Vance seconded by Mrs voting no Edwards to nominate Ron Selstad for Council President, Brougham, carried 5-2 with Mr Eafanti and Mr Shanley Mayor Winger stated that ~e wants the Council Committees to remain the same If t~e committees elect a new chair, he wants to be informed Mr FIasco asked for a ruling from the City Attorney whether the other Councilmembers can attend those meetings and can take part in them Mr Hayes will get back with a ruling at the next meeting CITY ADMINISTRATOR'S MATTERS Robert Middaugh referred to his memo regarding t~e compensation plan and suggested that this be discussed at next Monday's Study Session along with discussion of the budget Mrs Brougham asked that Mr Middaugh give a presentation to all employees to explain the budgetary situation Motion by Mrs Brougham t~at the City Administrator present the same budgetary data to all employees that was presented to City Council; seconied by Ron Selstad Phil Edward~ will vote against this motion because the employees are well aware of what is going on in this City and this will serve no purpose at all other than to antagonize employees and make this drag on forever Motion carried 4-3 wit~ Councilmembers Phil Edwards, Eafanti and Shanley voting no CITY COUNCIL MINUTES December 2, 1992 Page -9- Motion by Vance Edwards to have Study Session on December 7 to discuss Budget and rompensation, seconded by Mrs Brougham, carried 7-0 CITY ATTORNEY'S MATTERS John Hayes informed Council that ~e will not be able to attend t~e December 7 Sturly Session, but that Kathy Haddock will be there in his place He requested an Executive Session under Section 5 7(b)(1)(C) of the Charter, which deals with knowlejge of potential violation of the law Mr FIasco so moved, seconjerl by Vance Edwards, carried 7-0 ELECTED OFFICIALS' MATTERS Ron Selstad complimenterl the Wheat Ridge Police Department on a speedy response to an incident at ~is house Tony FIasco informed rouncil of activities at the National League of Cities Motion by Mr Selstad to continue past 11 00 pm, secondei by P~il Edwards, carried 6-1 with tlJr Shanley voting no Phil Edwards and Elise Brougham also gave report about National League of Cities Motion by Mr FIasco to adjourn after the Executive Session, seconded by Vance Edwards, carriei 7-0 EXECUTIVE SESSION WAS HELD Meeting adjourned at 11 32 p m APPROVED BY CITY CUUNCIL ON DEr~MBER 14, 1992 BY A VOTE OF ~ TO (~ c, . ~ ,~..( ."\ ~ -.:.....-'~- \.. ~ f:-I\~ Ron Selstad, rouncil President