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HomeMy WebLinkAbout12/14/1992 (2) CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO December 14, 1992 The City Council Meeting was called to order by the Mayor at 8 00 p m Councilmembers pre~ent Eli~e Brougham, Kent Davi~, Don Eafanti, Phil Edwards, Vance Edward~, Tony FIasco, Ron Selstarl, ani Bill Shanl~y AI~o pr~sent City Clerk, Wanda Sang, City Adrnini~trator, Robert Middaug~, rity Attorney, John Hay~s, City Treasurer, Jim Malone, Dir~ctor of Planning, GI~n Gidley, C~i~f of Police, Jack Hur~t, Director of Park~, Gary Wardle, Dir~ctor of Public Works, Bob Goebel, staff, and interest~d citiz~ns APPROVAL OF MINUTES of December 2, 1992 Motion by Mr Eafanti for the approval of t~e Minutes of December 2, 1992, ~econded by Mr Davi~, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Winger presentei a Certificate of R~cognition to Bill Shanley as Small Business Person of the year for 1992 Mayor Winger congratulatei Lieutenant Jack Chism for graduating from the FBI school Ron Sel~tad mov~1 that we consii~r a recognition for Tony FIasco for his long s~rvic~ to DRCOG, CML, NLC, and his tireless effort to work on behalf of W~eat Ridge, seconded by Mr Davis, carried 8-0 Mrs Brougham moved to am~nd this motion to have another recognition to ~onor Mr Eafanti for his community spirit, ~is work with retarded citizens, his work with th~ 38th Avenue merchants, the duck race at the rarnation Festival, etc , this was accepted by motion-maker and second Motion carried 8-0 CITIZENS' RIGHTS TO SPEAK Jack Chism, Lieutenant 29t~ Avenu~, was sworn pay plan proposed by Mr stay wit~ yOU and do a for the Wheat Ridge Police Department, 7500 W in by the Mayor He spoke in favor of t~~ Middaugh Treat employ~~s fairly and th~y will good job and represent you well Fred Bright, 4213 Gwen~ Street, Wheat Ridge, was ~worn in by the Mayor, he has worked for the City for 4 year~ and spoke in favor of the buiget as originally presented, wit~ t~~ compensation plan propo~ed by Mr Middaugh Since ~e was hired, he has seen 58 employees leave the police department, t~is has a negative impact on the department CITY COUNrIL MINUTES Gecember 14, 1992 Page -2- Jay Gray, 7491 ~ 45th Avenue, ~heat Ridge, was sworn in by t~e Mayor, he has been an employee of the City since 1976, ~e is also a voter and taxpayer in this City He and his neighbors want continued services from the City, he asked that Council pass the pay plan as presented and to fund it, treat employees fairly and pay a fair wage, in return ~e will give the City more than 100% You can't have motivated employees if Council does not recognize the job they are doing Don't sit on a 25% reserve and cut back service3 Dave Dawson, 7500 W 29th Avenue, was 3worn in by the Mayor and asked that Council fund t~e pay package as presented Ed Ray, 7500 W 29th Avenue, Police Commander with the City of Wheat Ridge, was sworn in by the Mayor He gave background on pay plan3 and salary surveys of the City He asked t~at the pay plan a3 presented be approved Jo McCormack, 1723 Quail Street, Lakewood, was sworn in by the Mayor, she is a volunteer victim advocate for the Wheat Ridge Police Department and has worked here for 2 years S~e 3poke in 3upport of the department and civilian staff and urged fair pay and adoption of the pay plan Dave Goracke, 7500 W 29t~ Avenue, was sworn in by t~e Mayor, he expressed his concern that 5 Councilmembers, Don Eafanti, Elise Brougham, Ron Selstad, Kent Davis, and Tony Fla3co, had not attended the Special Council meeting in the afternoon They don't want to look the employees in the eye and say t~at they don't want to pay t~em fairly and equitably They prefer to 3it on a 25% reserve He apologized to the citizens of Wheat Ridge for the 5 rouncilpeople who did not attend the meeting and thanked the three Councilmembers w~o care enough about the employees to show up, they are Phil Edwards, Vance Edwards, and Bill Shanley LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Request for modification of premises from Copa Cabana Night Club, Inc , dba Copa ravana, 9110 W 44th Avenue, Wheat Ridge Applicant3 Roberto and Sara Diaz, 7780 W 38t~ Avenue, Wheat Ridge, were present and sworn in by t~e Mayor and an3wered rouncil's que3tions Motion by Mr Shanley to approve the modification of premises for Copa Cabana Night Club, Inc , dba Copa Cavana, 9110 W 44th Avenue, Wheat Ridge, and authorize the Mayor and City Clerk to sign the application, 3econded by Phil Edward3, carried 8-0 Item 2 Application for a new rlub License from George G Klumker Chapter U22, Disabled American Veteran3, 4901 Marshall Street, Wheat Ridge (1-mile radius only) Motion by Mr Davis that the neighborhood be set at a 1-mile radius within the City limit3 of the rity of Wheat Ridge, t~at a survey to establish t~e needs and de3ires of the neighborhood be taken, and that the public hearing on t~i3 application be ~eld on Monday, January 25, 19':)3, seconded by Mr Shanley, carried 8-U rITY COUNCIL MINUTE~ December 14, 1992 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 3 Public Hearing on 1993 Budget Re~olution 1325 - adopting 1993 Budget Vance Edwards introduced Resolution 1325, title was read by the Clerk Mr Middaugh presented the budget City Clerk, handa Sang, read a letter into the record from Wheat Ridge United Neighborhoods, which a1ked that Council be frugal and ~pend each dollar as though they had earned it themselves Motion by Vance Edwards for the adoption of Resolution 1325 with the addition and/or correction that the money for the compensation package be increased from $250,000 to approximately $454,000 and t~at that money be paid through compensation plan as directed by the City Administrator and recommended at the December 7 Study Session, ~econdei by Phil Edwards Mr Selstad moved for an amendment that the la~t part of Mr Edwards' motion be deleted and the amount be $250,000 for employee compensation, seconded by Mr Davis, carried 5-3 with Councilmembers Shanley, Vance Edwards and Phil Edwards voting no Original motion as amended carried 6-2 wit~ Council members Phil Edwards and Vance Edwards voting no Item 4 Council Bill 26 - An Ordinance repealing and reenacting Section 22-91 and Section 22-93 of Chapter 22, Article II of t~e Code of the City of Wheat Ridge, Colorado, pertaining to Taxation of Telephone Exchanges Council Bill 26 was introduced by P~il Edwards, title read by t~e Clerk, Ordinance No 908 assigned Motion by P~il Edwards for t~e adoption of Council Bill 26 (Ordinance 908), seconded by Mr Shanley, carried 8-0 ORDINANCES ON FIRST READING Item 5 Council Bill 35 - An Ordinance providing for t~e approval of rezoning from Agricultural-One to Planned Commercial Development (PCD) and for approval of a Combined Outline and Final Development Plan and Plat on land located at approximately 5000 Robb Street, City of Wheat Ridge, rounty of Jefferson, State of Colorado (Case No WZ-92-7) (Richard Todd for Phillip Haas) Council Bill 35 was introduced by Phil Edwards on first reading, title read by the rlerk Motion by Phil Edwards that rouncil Bill 35 be approved on first reading, ordered published, public hearing be set for Monday, January 25, 1993 at 7 30 p m in City Council rhambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Mr Shanley, carried 8-0 (ITY iOUNiIL MINUTE December 14, 1992 Page -4- Item 6 Council Bill 36 - An Ordinance provi~ing for the approval of rezoning from from Agricultural-One to Plannerl Commercial Development (PCD) and for the establishment of uses allowed and General Design Parameters akin to an Outline Development Plan located at approximately 12851 W 32nd Avenue, (ity of W~eat Ridge, (ounty of Jefferson, State of (olorado (Case No WZ-92-11) Council Bill 36 was introduced by Mrs Broug~am on first reading, title rea~ by the (lerk Motion by Mrs Brougham t~at (ouncil Bill 36 be approvei on first reading, ordered published, public hearing be set for Monday, January 25, 1993 at 7 30 p m in City Council ihambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final pUblication, seconded by Vance Edwards, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 7 Resolution 1326 - amending the Intergovernmental Agreement between the City of Wheat Ridge, the wheat Ri~ge Fire Protection District, and Ambulance Service Company for Ambulance Services Resolution 1326 was introduced by Mrs Brougham, title read by t~e Clerk Mr Middaugh explained that the amendment was a rate increase of 7 925% for ambulance service for advanced life support base service and 7 895% for basic life support base service These are the lowest rates in the metro area Motion by Mrs Brougham that Resolution 1326 be adopted by the City Council, seconded by Mr FIasco, carried 8-0 Phil Edwards gave recognition to Everitt Middle School Seventh Graders who are working with the Jeffco Action Center in the Santa Shop He hoped the Sentinel might 10 a little article on them Item 8 Resolutions 1327, 1328, 1329 - requesting reimbursement from Jefferson County Open Space funds Resolutions 1327 was introduced by Vance Edwards, title read by t~e Clerk Resolution 1327 - authorizing the Mayor and City ilerk to sign the Request for Reimbursement and Certification of the Use of Funds for the construction of the Clear Creek Greenbelt Trailhead Parking Lot located at 41st and Youngfield Motion by Vance Edwards that Resolution 1327, authorizing payment from Jefferson County Open Space be approved, and the Mayor and City Clerk be authorized to sign the Request for Reimbursement and (ertification of Use of Funds w~ich is required by Jefferson County Open Space before payment from Jefferson iounty Open Space and the City of W~eat Ridge's attributable share can be released, seconded by Mr Eafanti, carried 8-0 ~ITY ~UUNCIL MINUTE~ December 14, 1992 Page -5- Resolution 1328 was introduced by Vance Edwards, title read by the Clerk Resolution 1328 - aut~orizing reimbursement from t~e City of Wheat Ridge'~ attributable share of the Jefferson County Open Space Fund for Parks and Open Space Development Motion by Vance Edwards for the adoption of Resolution 1328, seconded by Mr Eafanti, carried 7-1 with Mr FIasco voting No Mr FIasco feels that Open Space money s~ou11 only be used for t~e parks that were purChased with Open Space money and not for all t~e parks in W~eat Ridge Resolution 1329 was introduced by Vance Edwards, title read by the ~lerk Resolution 1329 - authorizing t~e Mayor and City Clerk to sign the Request for Reimbursement and rertification of the Use of Funds for the construction of the Pedestrian and Bike Path located at 41st and Kipling Motion by Vance Edwards for the adoption of Resolution 1329, secon1ed by Mr Eafanti, carried 8-0 Item 9 Resolution 1330 - establishing reserve funds pursuant to requirements of Amendment 1 Resolution 1330 was introduced by Mr Selstad, title read by t~e Clerk Motion by Mr Selstad for t~e adoption of Resolution 1330 with the addition of the words "or directed" under Sections 1 and 2, seconded by Vance Edwards, carried 8-0 Item 10 Resolution 1331 - amending t~e City Budget to accurately reflect revenues Resolution 1331 was introduced by Mr Shanley, title read by t~e Clerk Motion by Mr Phil Edwards, Shanley for t~e adoption of Resolution 1331, seconded by carried 8-0 Item 11 Motion re DRCOG Resolution regarding Homeless Shelter Mr Flasco expressed concern that he had been asked to vote on a DRrOG Resolution, in which one of the sentences reads "Be It Further Resolved, that each member government accept its responsibility for funding the cost of providing adequate shelter for the homeless" He does not feel he should vote on such a decision without the guidance of ~ity ~ouncil This should be discussed at a Study Session and direction should then be given to the DRCOG representative or alternate from the City of wheat Ridge Motion by Mr seconded by Mr FIasco to discuss this at a Study Session in March, Eafanti, carried 7-1 with Mr Shanley voting no (ITY COUNCIL MINUTES December 14,1992 Page -6- Item 12 Motion re Purchase of Computer for Police Department's Remote Booking Program Mr Miidaugh explained t~at t~is program will eliminate t~e requirement of transporting the prisoners to t~e Jefferson (ounty jail and booking the prisoners at both t~e W~eat Ridge facility and the Jefferson County facility T~is also eliminates duplicate data entry by having the booking information entered one time only by the arresting police officer The remote booking procedure will save substantial time and is well worth the investment in terms of productivity improvements Motion by Phil Edwards that the purchase of the Remote Booking romputer (RFQ #017-92) be awarded to (entral Computer in the amount of their bid of $2,599 00 and that all costs be c~arged to Acct No 01-206-809 I further move that the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1993 for t~is project in accordance with Ordinance #787, 1989 Series, seconded by Mr Shanley Mr Shanley asked for a friendly amendment to award the contract to Brentwooi Business Systems in the amount of their bid of $2,690 00 to support local businesses Friendly amendment was accepted Motion carried 8-0 Item 13 Property Acquisitions for Teller Street Drainage Project Motion by Mr Selstad t~at the City of Wheat Ridge accept the quit claim deed for right of way acquisition for Project D-MISC 02-92, Teller Street, 7200 West 38th Avenue, from Clara J Woods and Janice L Shangle I further move that the sum of $10 00 be paid for the parcel and that this amount be taken from Capital Projects Fund 30-302-833, seconded by Vance Edwards, carried 8-0 Motion by Mr Selstad that the City of Wheat Ridge accept the quit claim deed for right of way acquisition, Project D-MISC 02-92, Teller Street, 3659 Teller Street, from Michael E Prentice and Josephine N Eisel I further move that the sum of $10 00 be paid for the parcel and that this amount be taken from rapital Projects Fund 30-302-833, seconded by Vance Edwards, carried 8-0 Motion by Mr Selstad t~at the City of Wheat Ridge accept the quit claim deed for right of way acquisition for Project D-MISC 02-92, Teller Street, 3701 Teller Street, from Joseph B Heffernan I further move that the sum of $10 00 be paid for the parcel and that this amount be taken from Capi tal Projects Fund 30-302-833, seconded by Vance Edwards, carried 8-0 CITY COUNCIL MINUTES December 14, 1992 Page -7- I t em 14 fviotion re Metro Rail account balance Motion by Mr FIasco t~at the balance of $1,621 59 in Wheat Ridge's account be returned to the City of Wheat Ridge, seconded by Vance Edwards, carried 7-1 with Mrs Broug~am voting no Motion by Phil E1ward~ to apply this money to the cable con~ortium contingent upon reviewing the contract at our next meeting, se00nded by Mr Eafanti, carried 5-3 wit~ Councilmembers Davis, Brougham and Vance Edwarj~ voting no Item 15 fvlotion re Bleacher Material Replacement Motion by Vance Edwards that American Leisure Design, Inc be awarded the purchase of the material and Recreation Systems, Inc be awarded the installation for the Bleacher Material Replacement Project in the amount of their bid of $11,032 00 I also move that a 10% contingency in the amount of $1,100 00 be established I further move that the Director of Parks and Recreation be authorized to issue change orders up to the total contract and contingency amount of $12,132 00 and that all costs associated with t~is project be charged to Acct No 54-601-877 I furt~er 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 #787, 1989 Series, seconded by Mr Eafanti, carried 8-0 Item 16 Motion re Apel-bacher & Richards Hart Estate Playground Reconstruction Motion by Vance Edwards that the Apel-Bacher & Richards-Hart Estate Playground Reconstruction Project (RFB #92-43) be awarded to Urban Farmer, Inc in the amount of their bid of $46,825 00 That a contingency/force account of 5% in the amount of $2,341 00 be established T~at a maximum amount of 2% of the bid amount, $937 00, be allocated for payment of any early completion of the project That the Director of Parks and Recreation be authorized to issue change orders up to the total contract and contingency amount of $49,166 00 and that all costs associated with t~is project be charged to Acct No 54-601-862 That the funds be encumbered for the length of the project, whic~ expressly allows the expenditure of funds in 1993 for this project in accordance with Ordinance #787, 1989 Serie~, ~econded by Mr Eafanti Mr Davis asked for a friendly amendment that we take out the 2% early completion money This wa~ accepted as friendly amendment by motion-maker and second Motion carried 8-0 Item 17 Motion re Property Acquisitions along W 38th Avenue in conjunction with reconstruction Motion by Mr Shanley that t~e City of Wheat Ridge accept t~e Warranty Deeds from Lutheran Ho~pital, 8300 W 38th Avenue, for $10 00, Lutheran Hospital, ~440 West 38t~ Avenue, for $10 00, SITY SOUNCIL MINUTES December 14, 1992 Page -8- John M Willis, 7890 W 38th Avenue, for $10 00, Willard M Patterson, 7800 W 38th Avenue, for $10 00, Willard M Patterson, 7~00 W 3~t~ Avenue, for $10 00 That the~e amounts be taken from Capital Projects Fund Acct No 30-303-875, seconded by Mr Davis, carried 8-0 CITY ATTORNEY'S MATTERS John Hayes asked for a Study Se~sion to present ramifications of Amendment 1 Consensu~ was 8 in favor to have t~is on the February 1, 1993 Study Session Motion by Mr FIasco to invite Douglas Bruce or his representative to t~is Study Session, seconded by Mr Davi~, carried 5-3 wit~ Councilmembers Shanley, Vance Edwards, and Selstad voting no Motion by P~il Edwards to recon~ider the motion to invite Douglas Bruce, seconded by Vance Edward~, failed 4-4 with Councilmembers Eafanti, Selstad, P~il Edwards and Vance Edwards voting yes Mayor Winger broke the tie by voting ye~ Motion carried 5-4 Motion by Phil Edwards not to have Douglas Bruce at t~e Study Session, seconded by Vance Edwards, failed 4-4 with Councilmembers Eafanti, Selstad, Phil Edwards, and Vance Edwards voting yes Mayor Winger broke the tie by voting yes Motion carried 5-4 ELECTED OFFICIALS' MATTERS Elise Brougham asked that Mr ~jiddaugh distribute to all Councilmembers the compensation information ~~e had requested Phil Edwards asked that Mr Middaugh try to publicize all the volunteer work t~e Wheat Ridge Police Department and other City employees have done Tony FIasco received a notice of an EDARC meeting on December 21 and wanted to make sure everybody knew about it Mayor Winger read a letter from Betty Van Horn, Mayor of Mountain View, praising John Oss for his work Ron Selstad asked if we still clear t~e sidewalks on 38t~ Avenue, answer was yes Bill Shanley informed everybody about t~e Christmas decorations sold in the lobby of City Hall to benefit the Soj~ouse and encouraged citizens to come in and buy them CITY COUNCIL MINUTES December 14,1992 Page -9- Don Eafanti complained about the big mountains of snow at the Applewood Shopping Center He stated that Council is doing everything they can about the compensation package Motion by Mr Shanley to adjourn, seconded by Vance Eiwards, carried 7-1 wi th PhiJ Edwards voting no Meeting adjourned at 10 35 p m , {) '} .~,~d.,_ Wanda Sang, APPROVED BY , I ~L'-J' ~ City r'lpk ,J CITY COUNCIL ON JANUARY 11, 1993 BY A VOTE OF x: , TO ~' -~\ ~~ '<) '- ,,,\.""-.. ~,,'~,,~L \.~, ~.:;'~'-- c\: Ron Sel~tai, rouncil President ~ Footnote Council President, Ron Selstad, asked on January 11, 1993 during approval of these Minutes, that a footnote be added, stating that under Citizens' Right to Speak, some employees of the City of Wheat Ridge gave as their address "7500 W 29th Avenue" This is their employment address, not their private residence