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HomeMy WebLinkAbout01/11/1993 January 11, 1993 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO The City Council M~eting was called to order by t~e Mayor at 7 30 p m Councilmembers pr~sent Elise Brougham, Kent Davis, Don Eafanti, Phil Edwards, Vance Edwards, Tony FIasco, Ron Selstad, and Bill Shanley Also present City Clerk, Wanda Sang, City Attorney, John Hay~s, City Treasurer, Jim Malone, Director of Planning, Glen Gidl~y, Chief of Police, Jack Hurst (also acting City Administrator), Director of Parks, Gary wardle, Director of Public Works, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of December 14, 19~2 Motion by Mr Eafanti for the approval of the Minutes of December 14, 1992, seconded by Mr Davis Mr Selstad asked that a footnot~ be added to the Minutes that under "Citizens' Right to Speak" some peopl~ had given their address as 7500 W 29th Avenue, that is their ~mployment address not the place of residence This was accepted by motion-maker and ~econd Motion carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Winger presented Commendations for Councilmembers FIasco and Eafani CITIZENS' RIGHTS TO SPEAK Th~re was no one pr~s~nt to speak LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Notice of Hearing and Order to Show Cause for all~ged liquor violation at Prk-N-Pik Liquors, 9345 W 44th Avenue, Wheat Ridge Motion by Mr Selstad 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 W 44th Avenue, Wheat Ridge, based upon the allegations contained in the attached offense report I further move that the Police Department prosecute this case, seconded by Vance Edwards, carried 8-0 Item 2 Notice of Hearing and Order to Show Cause for all~ged liquor violation at Horseshoe Bar and Grill, 4400 Ward Road, Wheat Ridge Motion by Mr Shanl~y t~at no action be taken based on t~e attached Police Report, seconded by Phil Edwards, failed 4-4 with Councilmembers Eafanti, Phil Edwards, Davi~ and Shanley voting y~s Mayor Winger broke the tie by voting yes Motion carried 5-4 No action will be taken CITY COUNCIL MINUTES January 11, 1995 Page -2- Item 3 Notice of Hearing and Order to Show Cause for alleged liquor violation at rlub Peaches, 7777 W 38th Avenue, Wheat Ridge Motion by Vance Edwards that a Notice of Hearing and Orler to Show Cause be executed by the Mayor and City Clerk and be issued to Club Peaches, 7777 W 38th Avenue, #Al18, Wheat Ridge, based upon the allegations contained in the attached Offense Report I furt~er move that the Police Department prosecute this case, seconded by Mr Flasco, carried 8-0 I tern 4 Transfer of Owners~ip from Roberto A partnership, dba Copa ravana, 9110 W to Copa Cabana Night Club, Inc Diaz and Sara F Diaz, a 44th Avenue, Wheat Ridge, Motion by Mr Shanley to approve the Transfer of Ownership from Roberto A Diaz and Sara F Diaz, a partner~hip, to Copa Cabana Night Club, Inc , dba Copa Cavana, 9110 W 44th Avenue, Wheat Ridge, Colorado, for the following reasons 1 All applications and fees required by statute ~ave been filed and paid, 2 The applicants will be entitled to occupancy of the premises by virtue of a signei lease dated May 4, 1989, 3 The applicants have been cleared by t~e Police Department, seconded by Mr Eafanti, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 5 Council Bill ~7 - An Orjinance repealing and reenacting Section 5-76 of the Code of Laws of the Citv of Wheat Ridge, adopting by reference the Uniform Building Code, 1991 Edition, Copyright 1991, providing for certain amendments thereto, and providing penalties for violation thereof Council Bill 27 was introduced on second reading by Mrs Brougham, title read by the rlerk, Ordinance No 909 a~signed Motion by Mrs Brougham for the adoption of Ordinance 909 and order it published, seconded by Mr Davis, carried 8-0 Item 6 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, copyright 1991, providing for certain amendments t~ereto, and providing penalties for violation thereof Council Bill 28 was introduced by hr Selstad on second reading, title read by t~e Clerk, Ordinance No 910 assigned Motion by Mr Selstad for the adoption of Council 8ill 28 (Ordinance No 910), secondei by f"ir Lavis, carried 8-0 CITY COUNCIL MINUTES January 11, 1993 Page -3- Item 7 Council Bill 29 - An Ordinanc~ repealing and reenacting Sections 5-79 of the Code of Laws of the City of Wheat Ridge, adopting by reference the Uniform Plumbing rOde, 1991 Edition, providing for certain amendments thereto, and providing penaltie~ for violation thereof Council Bill 29 wa~ introduced by Vanc~ Edwards on second reading, title read by the Clerk, Ordinance No 911 assigned Motion by Vance Edwards for the adoption and publication of Ordinance No 911, seconded by Mr Davis, carried 8-0 Item 8 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, copyright 1991 and providing penalties for violation thereof Council Bill 30 was introduced by Phil Edwards on second reading, title read by the Clerk, Ordinance No 912 assigned Motion by Phil Edwards for the adoption of rouncil Bill 30 (Ordinance 912), seconded by Mr Davis, carried 8-0 Item 9 Council Bill 31 - An Ordinance amending Section 5-102, relating to Contractor Licensing, Section 5-116, Exceptions, Section 5-117. Classifications, and Section 5-121, Fees Council Bill 31 was introduced by Mr Eafanti on second reading, title read by the Clerk, Ordinance No 913 assigned Motion by Mr Eafanti for the approval 31 (Ordinance No 913), seconded by Mr Edwards voting No and publication of Council Bill Davis, carried 7-1 with Phil Item 10 Council Bill 32 - An Ordinance repealing Section 8-1 and r~enacting Section 8-1 of the Code of Laws of the City of Wheat Ridge, adopting by reference the Uniform Fire Code, 1991 Edition, copyright 1991 providing for certain amendments thereto, and providing penalties for violation thereof Council Bill 32 wa~ introduced on second reading by Mr Selstad, title read by the rlerk, Ordinance No 914 assigned Motion by Mr Selstad for the adoption of ~ouncil Bill 32 (Ordinance No 914), seconded by Vance Edwards, carried 8-0 CITY COUNCIL MINUTES January 11. 1993 Page -4- Item 11 Council Bill 33 - An Ordinance providing for the approval of a Special Use Permit in R-3 and R-1C Zone Districts to allow a Public Utility with outside storage on land located at 5260 West 29th Avenue, City of Wheat Ridge, County of Jefferson, State of rolorado (SUP-92-4) (Denver Water Department) Council Bill 33 was introduced by Vance Edwards, title read by t~e Clerk, Ordinance No 915 assigned Glen Gidley presented the staff report and answered Council's questions Paul Snyder, architect for the firm Pouw & A~sociates, 1860 Blake Street, Denver, was sworn in by the Mayor He declined to make a presentation at this time, but offered to answer questions Mrs Brougham insisted t~at the applicants present their case to comply with Council Rules and for the convenience of the TV audience Paul Jesclnick, 1860 Blake Street, Suite 200, Denver, Colorado, explained that this land had been owned and used by Denver Water since the late 1800s Prior to their involvement the pump station had been pumping water for some time With the updated conduits and equipment the pump station became obsolete and pumps were removed It has been serving as a decentralization faeility for the past couple of years on a small scale The purpose is to have Denver Water people in the community for the convenience of customers Mike Leister, representing Denver Water, 1600 W 12th Avenue, was sworn in by the Mayor and a~ked for approval of this application Motion by Vance Edwards that the request for a two-foot fence ~eight variance to allow a six-foot-~igh fence within the front setback at 5260 West 29th Avenue be approved for the following reasons The criteria u~ed to evaluate a variance ~upport this request, and 2 Planning rommission and Staff recommend approval, seCOnded by Mr Selstaj, carried 8-0 Motion by Vance Edwards t~at Council Bill 33 (Ordinance 915), a request for approval of a Special Use Permit to allow the expansion of a public utility with outside storage for property located at 5260 West 29th Avenue be approved for the following reasons 1 The criteria used to evaluate a Special Use Permit support this request, and 2 Planning rommission and staff recommend approval With the following condition 1 The property be redeveloped a~ shown on the submitted site plan, seconded by Mr Selstad, carried 8-0 Item 12 Council Bill 34 - An Ordinance vacating a portion of Union Street adjacent to 33b5 Union Street, within the City of Wheat Ridge, County of Jeffer~on, State of Colorado (Case No WV-92-2) Council Bill 34 was introduced on second reading by Mr Shanley, title read by the Clerk, Ordinance No 916 assigned CITY COUNCIL MINUTES January 11,1993 Page -5- Mr Gidley pre~ented the staff report and informed Council that Planning rommission had ~earj this case and recommended denial Several agencies had expressed concern about this vacation and recommended denial This uase is before rouncil because of an appeal filed by the applicant Terry Ammon, 3375 Union Street, applicant, was sworn in by the Mayor, presented his case, answered Council 's questions, and asked for approval Motion by Mr Shanley for the approval of Council Bill 34 (Ordinance 916), seconded by Phil Edwards Motion by Mrs Brougham to amend that a 30-foot-wide non-exclusive utility and maintenance ea~ement be provided on the vacated portion, and that it be perfectly clear t~at the motion is referring to Case No WV-92-2, seconded by Mr Selstad, carried 5-3 with rouncilmembers Eafanti, Shanley and Davis voting No Mr FIasco will vote No on the motion because it is the opinion of staff and the emergency services, and in the best interest of the health, safety and welfare of the citizens of Wheat Ridge not to have this passed Mr Hayes stated that when we grant this vacation, the owner would have the ownership on the entire 30 feet being vacated, so ~e can build, subject to all the setbacks If, by governmental regulation later on, we come back and take 15 feet of it, so that he has 15 ft, as opposed to 30 ft setback, the City will have created the nonconformity We have a provision in our Code of Laws that makes that a legal nonconformity because of the action of the City He suggested that the way to do that make that a condition of the Ordinance vacating and that we would also add language in the deed and record it, it would be an encumbrance on the property and would apply to any subsequent owners as well as Mr Ammon Mr Selstad amended his motion to include what Mr Hayes just said, seconded by Mrs Brougham, carried 8-0 Vote on original motion carried 5-3 with Mr Davis, Mr Flasco, and Vance Edwards voting no ORDINANCES ON FIRST READING Item 13 Council Bill 1 - An Ordinance amending t~e Code of Laws of the City of Wheat Ridge by creating the Wheat Ridge Municipal Court Fund, which shall provide victim and witness assistance programs within the City of Wheat Ridge, and providing for the assessment of court cost~ and surcharges as the source of funds for said fund rouncil Bill 1 was introduced bv Mr Davis on first reading, title read bv the Clerk CITY COUNCIL MINUTES January 11, 1993 Page -b- Randy Davis, presiding judge for t~e City of Wheat Ridge, 11785 Sherman Street, was pre~ent to answer Council 's que~tions Joseph Cassa, Division Commander with t~e Wheat Ridge Police Department, an~wered Council'~ questions Motion bv Mr Davis that rouncil Bill No 1 be approved on first reading, ordered publi~hed, public hearing be set for Monday, February 8, 1993 at 7 30 p m in rity Council Chambers, Municipal Building, and if approved on second reading, take effect 1 day after final publication, seconded by Mr S~anley, carried 7-1 with Mr FIasco voting no Item 14 Council Bill 2 - An Ordinance repealing Section 7 of Ordinance No 642, Series of 1985 and amending Section 5-41 of t~e Code of Laws of the City of Wheat Ridge, providing a basi~ for establishing building permit fees Council Bill 2 was introduced by Mr Selstad on first reading, title read by the Clerk Motion by Mr Selstad that Council Bill 2 be approved on first reading, ordered published, public hearing be set for Monday, February 8, 1993, at 7 30 p IT! in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconded by Mr Davi~, carried 6-2 with Vance Edwards and Mr FIasco voting No DECISIONS, RESOLUTIONS, AND MOTIONS Item 15 Resolution 1332 - repealing Resolution 1263 and repealing and reenacting section 10 of the City of Wheat Ridge Personnel Policies and Procedures and amending Section 8 of the Personnel Policies and Procedures Resolution 1332 was introduced by Vance Edwards, title read by t~e Clerk Jack Hurst gave the staff report answered Council's questions Pattv Crew, Personnel Assistant, Mrs Brougham asked Mr Hayes about the sentence on page 2, whic~ reads "Compensation will be updated regularly and changed to keep pace with market conditions" What does that mean? Will the City do a survey every year and must change? ~hat does that mean Mr Hayes replied that this does not require a yearly, or annual survey It doe~ not say anything about an annual survey "Regularly" can mean every 2 years, every 3 years, on a more ur less regular type of basis lie does not equate the word "regularly" with "annually" Mrs Brougham asked that the Minutes reflect Mr Hayes' answer CITY rOUNrIL MINUTES January 11, 1993 Page -7- Mrs Brougham asked to amend Section B Survey Methodology, which reads The rity uses a benchmark salary ~urvey to determin~ market Only positions with dutie~ and Job Qualifications that are at least 60% similar are includej in the survey She would like to add "Time worked shall be identical for the purpose of this survey" She wants to compare like hours to like hours Mr Selstad reiterated that the intent of rouncil was not to put this rompensation Plan on automatic pilot that was beyond the budgetary authority of rouncil The money has to be appropriated every year by Council Thi~ Resolution reflects a real workable compromise This compensation plan is subject to questions being put to the voters in November Mr Hayes suggested that the following be added after the word "conditions" "Depending upon annual appropriations made by the rity rouncil in its legislative discretion" Motion by Vance Edwards for the adoption of hesolution 1332 with the amendment to use the Plan prior to the January 4 meeting, seconded by Phil Edwards, failed 2-6 with Vance Edwards and Phil Edwards voting yes Motion by Mr Shanley to approve Re~olution 1332 as presented in this packet, seconded by Mr Eafanti Mr Selstad asked for a friendly amendment to add Mr Hayes' suggestion Mr Shanley accepted this as a friendly amendment Mrs Brougham moved for an amendment that under B Survey Methodology, be added that "the time worked shall be identical for the purpos~ of the survey, when you are comparing jobs", seconded by Mr Flasco, failed 4-4 with rouncilmembers Eafanti, Selstad, Brougham, and Flasco voting yes Mayor Winger broke the tie by voting no Motion failed 5-4 Vote on original motion as amended carried 5-3 with Vance Edwards, Phil Edwards, and Mr FIasco voting no I t em 16 Resolution 1333 - amending the 1993 Annual Budget, increasing the salary adjustment funding Resolution 1333 was introduced by Phil Edwards, title read by the rlerk Motion by Phil Edwards for the adoption of Resolution 1333, seconded by Mr Shanley Geoff WOdell, 3935 Garland Street, was ~worn in by the Mayor, he complained that rouncil had wasted so much time on thi~ pay-plan, this was a good plan, why would anybOdy vote again~t it? The citizen~ of this community appreciate the employe~s Motion carried 5-3 with rouncilmembers Davi~, Brougham and FIasco voting no CITY COUNCIL MINUTES January 11, 1993 Page -8- Item 17 Resolution 1334 - atlJending the 1993 Annual Bunget, increasing the salary adjustment funding Motion by Mr Selstad to Table Item 17 - Resolution 1334, seconded by Mr Shanley, carried 6-2 with Vance Edwards and Phil Edwards voting No Item 18 Bid Award tor Traffic Materials for 1993 Motion by Material Acct No Mr Davis that we accept the recommended bins for for 1993 and that all costs for t~ese materials be 01-304-660, seconden by Mr Shanley, carried 8-0 the Traffic charged to Item 19 Bid Award for Fruitdale (Mugele) Park Development Project Motion by Mr Shanley t~at the Mugele Park Development Project (RFB #92-41), be awarded to Total Terrain, Inc in the amount of their bid of $397,821 00 That a contingency/force account in the amount of $60,280 00 be established That a maximum amount of 2% of the bid amount, $7,956 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 t~e total contract and contingencv amount of $458,101 00 and that all costs associated with this Project be charged to Acct No 32-601-862 That a $3,943 00 payment to Fruitdale Sanitation for a sewer tap fee be approved That the funds be encumbered for the lengt~ of the project which expressly allows the expenniture of funds in 1994 for this project in accordance with Ordinance 11787,1<189 Series, seconded by Phil ErJwards Gary Wardle presented the staff report and explained t~at the third lowest bidder had been chosen because the two first low bidders did not meet the contract requirements as specified in the birl There is a specific section in the birl that does require a contractor to no a minimum of 34% of the work themselves They can subcontract 66% of the work, but must do at least 34% of the work themselves The two low bid companies were subcontracting in excess of the 66% The low bidder was contracting approximately 72%, the next low bidner was subcontracting in excess of 68% One of the reasons this is required, is that it is much easier for the contractor to back out of the work if things start to go bad It also becomes very nifficult to supervise up to 15 sub- contractors and some of the work may fall through the cracks, it can be difficult to have the warranty work taken care of William Starker, 3019 Eaton Street, Wheat Ringe, was sworn in by the Mayor He is the President ann owner of Starker & Company, the low bidder on this project His company has recently completed 3 park projects in the $100,000 category, they were similar to the Mugele Park project Mr Selstad asked the City Attorney if it wa~ Council's right to waive the requirement for the percentage of subcontractors Mr Hayes replied that Council couln waive the requirement rITY COUNCIL MINUTES January 11, 1Y93 Page -9- Motion by Mr Selstad to amend the motion to substitute Stalker & Company instead of Total Terrain, Inc and to in~ert the appropriate per dollar modifications in the SUbcategories, seconded by Vance Edwards This was acceptA.d as a friendly amendment Motion by Mr Davis to amend that that contingency/force account of 15% of the bid amount be changed to 10% of the bid amount, seconded by Mr FIasco Mr Wardle stated that the contingency actually amounted to less than 10% Motion carried 5-3 with Councilmembers Vance Edwards, Selstad, and Brougham voting no Mr Shanley asked to add to his original motion that preferential treatment has been givA.n to Starker & Company becausA. the owner of the company is a Wheat Ridge resident Original t-JOtion as amended earried 7-1 with Phil Edwards voting no Item 20 Resolution 1335 - authorizing the Mayor and rity Clerk to sign the Request for Payment and Certification of U~e of Funds for the development of MugA.le Park Resolution 1335 was introduced by Mr Selstad Motion by Mr Selstad that Resolution No 1335, authorizing the Mayor and City Clerk to sign the Request for Payment and Certification of Use of Funds for the Development of Mugele Park be approved This is required by Jefferson County before the distribution of Jefferson County Open Space Funds can be made That there be added a change in the Resolution that instead of Total Terrain, Starker & Company be inserted, seconded by Vance Edwards, carried 7-1 with Phil Edwards voting no Item 21 Bid Award for Street Maintenance Materials for 1993 Phil Edwards asked to abstain because of a very remote possible conflict of Interest Vote wa~ 8-0 for him to abstain Motion by Mr Shanley that we accept all the 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 the availability of the materials at the time of purchase and that all costs for these materials be charged to various accounts based on the material's use, seconded by Vance Edwards, carried 7-0 Item 22 Legislative MemberShips/Annual Programs Motion by Mr Flasco that payment be 02-102-716 to the following agencie~ Colorado Municipal League DRCOG (2 installment~ of $3,100) The West Chamber National League of rities authorized from Acct No in the amounts designated $14,909 88 $ 6,200 OU $ 615 lJO $ 1,257 00 CITY COUNCIL hINUTES January 11, 1993 Page -10- The DRCOG Elevator and Escalator Safety Inspection program is budgeted in Account 01-122-704 Authorization is requested for payment in the amount of $6,392 payable in two installments I move that payment be authorized from Acct amount of $11,385 75 to the Jefferson Animal seconded by Mr Shanley No 01-610-721 in the Shelter, Mrs Brougham asked that the motions be voted on separately Mr Selstad a~ked for clarification on the Elevator Inspection amounts presented in the agenda packet Motion on CML, DRCOG, West Chamber and NLC carried 5-3 with Councilmembers Vance Edwards, Selstad, and Brougham voting no Motion by Mr next meeting 7-1 with Mr Selstad to table the to get clarification, FIasco voting no Elevator Inspection motion until the seconded by Vance Edwards, carried Vote on Animal Shelter carried 8-0 Motion by Phil Edwards to sus~end the Rules and seconded by Vance Edwards, carried 6-2 with Mr voting no go past 11 00 pm, Shanley and Mr Davis Item 23 Contribution Requests Motion by Mr FIasco that we authorize $1000 00 to the Regional Air Quality Council as their membership dues Motion diej for lack of secon::i Motion by Mr Shanley to hold a Special Study Session on January 18, 1993 to discuss contribution requests, the agencies that have submitted requests will be allowed a 10 Minute presentation, seconded by Mr Davis, carried 7-1 with Mr Flasco voting no Item 24 Second ~10dification Agreement/Kipling Ventures, Ltd City Attorney, John Hayes, explained this item formality with no changes for the rity This is only a Motion by Vance Edwards that the second Modification Agreement between the City of Wheat Ridge, Commercial Federal Bank, and Kipling Ventures, Ltd , a Colorado Limited Partnership, be approved and that the Mayor and City Slerk be authorized to execute the ~ame, seconded by Phil Edwards, carried 7-1 with Mr Flasco voting No Item 25 Appointments to Boards and Commissions Motion to the 8-0 by Mr Shanley that Susan L Bartel from District I be appointed Arborist Board for District IV, seconded by Phil Edwards, carried CITY COUNCIL MINUTES January 11, 1993 Page -11- Motion by Mr Shanley to appoint David T Albertsen to the Board of Adju~tment from District IV, seconded by Phil Edwards, carried 8-0 CITY ADMINISTRATOR'S MATTERS Jack Hurst informed Council that all the utility poles between Wadsworth and Cody on W 38th Avenue have been removed Mr Middaugh had asked that Council form a subcommittee to see which direction the public wants the City to go The Mayor asked for volunteers or should he appoint somebody? Motion by Mr Selstad to add the selection of the ~ubcommittee to t~e January 18, 1993 meeting, seconded by Vance Edwards, carried 7-1 with Mr FIasco voting no CITY ATTORNEY'S MATTERS John Hayes asked if Council wanted the was submitted as Information Only with to the next meeting for first reading by Phil Edwards, carried 8-0 Domestic Violence Ordinance, that the Agenda Packet, be brought in Mr Shanley so moved, seconded He asked if Council would like to have placed on a Study Session the City procedures for contracting and bidding ELECTED OFFICIALS' MATTERS Tony FIasco informed Council of a Clean Air meeting on January 21, 1993 at the University of Denver There is also a meeting with the Health Department on January 15 He asked for Council consensus to bring in a Resolution or Ordinance prohibiting trapping animals in Greenbelt Consensus was 8-0 He asked for consensus to bring in a Resolution to transfer 1 Million Dollars from the Reserve Fund into the Public Works Fund to resurface roads in Wheat Ridge, an equal amount is to be spent in each District No consensus was reached Elise Brougham asked for consensus to bring in an Ordinance for no wood burning on high pollution days Consensus was 4 in favor Mayor voted against it No con~ensus was reac~ed Motion by Mr Shanley to adjourn, seconded by P~il Edwards, carried 6- Meeting adjourned at 11 30 p m r ~~ Cyt < City Cl(1k APPROVED BY CITY COUNCIL ON JANUARY 25, 1993 BY A VOTE OF 'J ~/{'v(?6L Wanda Sang, TO ,I ,'''' ~ \\ ~ '" "-J ""- ~'::L~ ""'_.1'"-,,,,"--., ....... Ron Selstad, Council President