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HomeMy WebLinkAbout12/23/1991 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO December 23, 1991 The City Council fv:eeting was called to order by the hayor at 7 30 p m Council members present Elise Brougham, Kent Lavis, Don Eafanti, Phil Edwards, Vance Edwards, Tony FIasco, and Bill Shanley Ron Selstad was absent, but left votes for agenda items Also present City Clerk, ~anda 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 December 9, 1991 Motion by Mr Eafanti for the approval of the Minutes of December 9, 1991 as amended, seconded by Mr Shanley, carried 7-0 CITIZENS' RIGHT TO SPEAK There was no one present to speak LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Motion re Prk ~ Pik Liquors, 9345 h 44th Avenue Motion by Mr Davis that a Notice of Hearing and Order to Show Cause be executed by the Mayor and City Clerk and be issued to Prk N Pik Liquors, 9345 West 44th Avenue, Wheat Kidge, for February 10, 1992 at 6 30 pill, based upon the allegations containeo in the attached 0ffense Report, seconded by Mr FIasco, carried 8-0 (Mr Selstad left a yes vote) City Attorney asked Council if they wished to have the police present this matter or if they wanted to retain a prosecutor Motion by Mr FIasco to hire an outside attorney to represent the City of Wheat Ridge for the liquor license hearing on February 10, seconded by hr Davis, carried 6-1 with Phil Edwards voting No PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 Council Bill 123 - An Ordinance reenacting, with amendments, the provisi.ons of Chapter 11, Licenses, Permi ts and Miscellaneous Business Regulations, and Chapter 22, Taxation, of the Code of Laws of the City of Wheat Ridge Council Bill 123 was introduced by Phil Edwards on second readin~, title read by the Clerk, Ordinance Number 885 assigned Motion by Phil Edwards for the adoption of Council Bill 123 (Ordinance 885), seconded by Mr Lavis CITY COUNCIL MINUTES December 23, 1991 Page -2- Frank Traylor, 404~ Field Drive, Wheat Ridge, was sworn in by the Mayor He was here on behalf of Lutheran Medical Center an~ objected to the sales tax portion of this ordinance He referred to the dispute between the City and Lutheran Medical Center which is currently in court Discussion f'ollowe~ Motion by Mrs Erou~ham to amend that on page 17, Section 22-57 regarding Medical Supplies be deleted Motion died for lack of second Original Motion carried 7-1 with Mrs Brougham voting No Item 3 Council Bill 124 - An Ordinance repealing and reenacting Section 7-2, Residency Requirement for City Council Members, of the Code of Laws of the City of Wheat Ridge Council Bill Ordinance No 124 was introduced by Mr 88b assigned Davis, title read by the Clerk, Motion by Mr Davis for the adoption of Council Bill 124 (Ordinance 886), seconded by Mr Edwards, carried 8-0 Item 4 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 on second reading by Mr Davis, title read by the Clerk, Ordinance No 887 assigned Motion by Mr Davis for the adoption of Council Bill 125 (Ordinance 887), seconded by Mr FIasco, carried 6-0 DECISIONS, RESOLUTIONS, AND MOTIONS I t em 5 Resolution 1~7b - authorizing reimbursement frum the City of Wheat Ridge's attributable share of t~e Jefferson County Open Space Fund for Parks and Open Space development Motion by Mr Shanley that Resolution 1278 authorizing payment from Jefferson County Open Space be approved, and the Mayor 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 Jefferson County Open Space and the City of Wheat Ridge's attributable share can be released, seconded by Mr Eafanti, carried 8-0 ~ITY ~uUNCIL MINUTES December 23, 1991 Page -3- Item 6 Selection of ~ontract Sales/Use Tax Auditor for 1992 (RFP #91-010) Motion by Mr FIasco to accept the Contractual Sales Tax Audit proposals of the following firms/individuals 1) Hartwig & Associates, 2) Bondi & Co I further move the Treasurer be authorized to select any of the accepted firms/individuals to perform selected Sales/Use Tax Audits subject to the a~proved budget limitations for the years 1992, 1993 and 1994, and that all costs be charged to Acct No 01-115-704, seconded by Phil Edwards, carried 8-0 Item 7 Bid Award for Parking Lot, West 41st Avenue & Youngfield Street (RFB #91-42) Motion by Phil Edwards that the Parking Lot Project at West 41st Avenue and Youngfield (RFB #91-42) be awarded to Asphalt Paving Company in the amount of their bid of $7~,663 75 That a maximum amount of 2% of the bid amount, $1,454 00 be allocated for payment of any early completion of the project That a 10% contingency in the amount of $7,267 00 be established That the Director of Parks and Recreation be authorized to issue change orders up to the total contract, $79,930 75 and that $40,000 00 be charged to Acct No 54-601-862 and that $41,384 75 be charged to Acct No 32-601-862 That $41,384 75 be transferred from Acct No 32-601-795 (Unallocated Open Space Fund) to Acct No 32-001-562 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 Eafanti, carried 8-0 Item 8 Bid Award for Automobile Lease/Purchase for 1992 (RFB #91-49) Motion by Phil Edwards that Centennial Leasing be awarded the multi-year contract for the lease/purchase of two automobiles in the amount of their bid of $5,512 32 and that all costs be charged to Acct No 01-202-758 (hentals and Leases) (199c Funds) I also move that $712 32 be transferred from Acct No 01-303-807 to Acct No 01-202-758 I further move that for the term of the contract with Centennial Leasing, upon approval of the budget amounts for each year, authorization to make payment is given in accordance with the terms and conditions of the contract, seconded by Vance Edwards Mr FIasco will be voting against this because we do not need new cars, we can use retired police cars Furthermore, neither of these cars are going to be equipped with clean-burning, alternate fuel Mrs Brougham agrees with Mr FIasco that these should be clean-burning, alternate fuel cars Motion carried 6-2 with Mr Flascu and Mrs Brougham voting No CITY COUNCIL MINUTES December 23, 1991 page-4- Item 9 Bid Award for Demolition of 4465 Garrison Street (RFB #91-48) Motion by Mr Eafanti that the Building Demolition and Debris Removal at 4465 Garrison Street (RFB #91-4&) be awarded to Dirt-N-AII Corporation in the amount of their bid of $4,000 00 and that all costs associated with this Project be charged to Acct No 55-122-718 Building Repair/Demolition Fund I further ruuve that the funds be encumbered for the length of the Project which ex~ressly allows the expenditure of funds in 199~ for this Project in accordance wit~ Ordinance #787, 1989 Series, seconded by Vance Edwaras, carried 8-0 I t em 10 Selection of Consultant for 1992 Motion by Vance Edwards that the contract for professional land surveyor services (RFP 91-008) be awarded to Sellards and Grigg, Inc , and that cowpensation be based upon their current reimbursement schedule and that all costs associated with this award be charged to the appropriate ca~ital projects fund account on which the registered work will be performed I further move that the funds be encumbered for the length of the projects in 1992 which expressly allows the expenditure of funds in 1993 for this contract in accordance with Ordinance #787, Series of 1989, seconded by Mr Eafanti, carried 7-1 with Mr FIasco voting No Item 11 Consultant Selection for non destructive pavement testing for 44th Avenue, Harlan to Sheridan Motion by Vance Edwards that the contract for services for non destructive testing be awarded to ground engineering consultants in the propusal amount of $2,993 00 That $500 00 be allocated for contingencies That the contract for services not be issued to the consultant until acceptable letters of commitment frow the towns of Lakeside and I~ountain View be received by the City That $3,500 00 be transferred frow Capital Prujects Fund Unallocated to Capital Projects Fund Acct 30-303-884 That the Director of Public ~orks be authorized to approve additional change orders up to the total project cost of $3,493 00 and that all costs associated with this contract be charged to Capital Projects Fund 30-303-884 That the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1992 for this cuntract in accordance with Ordinance #787, Series of 1989, seconded by fvlr Eafanti, carried 8-0 Item 12 Police Communications Engineering Report Chief Jack Hurst gave update No action was taken Item 13 Baptist Home Association Waivers Floyd Harrison, 4700 Tabor Street, was sworn in by the Mayor He pointed out the proposed expansion for the Baptist Home Association, spoke of the expanded employment opportunities, explained the need for additional funds and asked the City for waivers to help cut expenses CITY COUNCIL MINUTES December 23, 1991 Page -5- Eob Goebel answered Council's questions Motion by Mr Shanley to reduce the obligation of the Baptist C~urch Home to equal the golf course ($19,000 00) That we waive the street improvements on 49th Avenue and the street cut permit fees, seconded by Mrs Brougham Mr Davis asked for a friendly amendment to just leave it at the $12,000 00 for Tabor Street and $2,000 00 for fee waivers Motion-maker and second accepted this as a friendly amendment Phil Edwards will vote against this for their permits and this will set Phil Edwards and will also vvte No box because everybody else had to pay a precedent Mr FIasco agrees with He feels this will open a Pandora's Motion carried 4-3 with Councilmembers Phil Edwards, Vance Edwards, and Tony FIasco voting no Item 14 Motion by Vance Edwards to re-appoint Eill Wiggins and Carol Luebke to the Election Commission for a 2-year term, seconded by Mr Eafanti, carried 8-0 CITY ATTORNEY'S MATTERS John Hayes reported on Nguyen matter, reply brief will be filed New lawsuit against the City has been filed regarding Question 5 on the election He recommended that the City not enter into another agreement with Lutheran regarding collection of sales tax Motion by Vance Edwards that we not enter into an agreement, seconded by Mr Davis, carried 6-1 wit~ Mrs Brougham voting No ELECTED OFFICIALS' MATTERS Tony FIasco presented the final draft of the governor's blue ribbon report on clean fuel This document will be in the City Clerk's Office He reported on his trip to Las Vegas for National League of Cities meeting Motion by ~r Shanley to adjourn, seconded by Mr Davis, carried 6-1 with Phil ~dwards voting No Meeting adjourned at 9 43 p m 13, 1992 BY A VOTE OF 7 TO 0