Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAbout03/08/1993
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
March 8, 1993
The City Council Meeting was called to order by the Mayor at 7 30 p m
rouncilmembers present Elise Brougham, Kent Davis, Don Eafanti, Phil
Edwards, Vance Edwards, Tony Flasco, Ron Selstad, and Bill Shanlev Also
present City Clerk, wanda Sang, rity Administrator. Robert Middaugh,
rity Attorney, Jo~n Hayes, rity Treasurer, Jim Malone, Chief of Police,
Jack Hurst, Director of Parks, Gary Wardle, Director of Public Works,
Bob Goebel, staff, and interested citizens
APPROVAL OF MINUTES of February 22, 1993
Motion by Mr Eafanti for the approval of t~e Minutes of February 22,
1993, seconded by Mr Davis, carried 8-0
PROCLAMATIONS OR CEREMONIES
Mayor winger administered the Oat~ of Office to newly appointed Board
and Commission members rlaudia Worth, Maria Puglisi, Walter Pettit, and
Geoff Wodell
Mayor Winger presented the 1993 Metropolitan Mayors and rommissioners
Youth Awards to Matt Saba, Celia Parson, Cody Churchill, Jennifer Case,
Jeannine Garralda, Jessica Hancock, Linda Yang, Matthew w Budde,
Samantha Bartling, Meghan Johnson, Phillip Lopez, Virginia Peterson,
Lorena Torrez, Tammy Pitt
CITIZENS' RIGHTS TO SPEAK
John Hayes, City Attorney, reminisced about his 13 plus years with the
City of Wheat Ridge, complimented the 3 Mayors, 25 rouncilmembers,
department heads and staff he had worked with through the years, stated
he had not resigned because of any disagreements with the ritv, but
feels it is simply time to leave and to move on, after 13 years enough
is enough, urged to give his successor support and not compare ~im or
her to himself
Claire Traylor, 4045 Field Drive, was sworn in by the Mayor, expressed
concern about taking on Douglas Bruce and Amendment One and was worried
about the costs in case t~e rity should lose, there are more important
things for the rity to be concerned about, don't spend unnecessary tax
dollars, settle this, change the election date to November
Thomas Lofstrom, 28~8 Bluff Street, Boulder, was sworn in by the Mayor,
he spoke before City Council about 1 month ago regarding the Cable
Franchise transfer, TCI took over March 1 and one of their first orders
of business was to terminate his services to the rity of Wheat Ridge, he
came to say gOJd-bye
rITY COUNCIL MINUTES
/Jlarch 8, 1993
Page -2-
Frank Stites, 3354 Zephyr Court and Dan Wilde, 3596 Ingalls Street, were
sworn in by the Mayor, they spoke against holding the Special Election
in May and suggested it be held in November to save tax dollars
Kay Ore, 10246 W 59th Place, Arvada, was sworn in by the Mayor, she
commended Sgt Desi Sarnella for the quiCk and efficient wav he handled
the robbery at the Gold Jewelry Store that took place on December 11,
1992 The stolen jewelry was recovered and one of the items was her
watch that she had left there to be repaired
Nancy Snow, 11155 W 40th Avenue, was sworn in by the Mayor, she gave
background on the May 4 Special Election, election should have been held
last November, but 5 rouncilmembers did not show up to sign a Resolution
that was necessary to put the is~ue on the ballot She feels it is
essential that this goes to court to clarify Amendment One
Doris Ibbison, 3315 Marshall Street, was sworn in by the Mayor, she has
never heard of anybody in hheat Ridge who did not comply with filing
campaign contributions, nor has she heard of any excessive amounts of
money spent on contributions
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1
Application for a new Class J-1 - 3 2% Beer Retail License for
Phillips Retail Marketing Company, dba Phillips 66, Station
#27677, located at 9995 W 44th Avenue, Wheat Ridge
Sydney Jordan, attorney in the legal division for Phillips Petroleum,
was present for the applicant He presented five witnesses, who were
sworn in by the Mayor
Jerry Westenskow, 5254 S Espana Street, Aurora,
Sean Taylor, 6403 Parfet Street, Arvada,
Robert Harvey, 8590 W 46th Avenue, Wheat Ridge,
James Haas, 9840 W 44th Avenue, Wheat Ridge,
George Nightingale, 9460 Fenton, Westmin~ter,
Max Scott, Oedipus, Boulder
Jerry Westenskow is Vice President/Secretary/Treasurer of the
corporation, asked for approval of this application
Sean Taylor is the Manager at the Phillips 66 Station at 44th & Kipling
and described to rouncil the nature of the operation at the store
Robert Harvey, James Haas and George Nightingale, neighbors andlor
business operators in the area, asked for approval of this license
Max Scott, owner and operator of Oedipus, Inc , professional surveyors,
gave background on their survey
William Fallert, 9463 W 47th Avenue, was sworn in by the Mayor, he is
concerned about the number of outlets in the area, it doesn't make sense
to him to tank up and buy beer, asked Council not to add another liquor
outlet at this time
CITY COUNCIL MINUTES
March 8, 1993
Page -3-
Motion by Mr Shanley to approve the application for a new J-1 3 2% Beer
Retail License for Phillips Retail Marketing Company, dba Phillips 66,
Station #27b77, 9995 W 44th Avenue, Wheat Ridge, rolorado, for the
following reasons 1 All applications and fees required by statute
hav~ been fil~d and paii, 2 Notice of hearing and posting of the
premises have been accomplished according to statutory requirements, 3
The applicant is entitled to occupancy of the premises by virtue of a
signed lease dated January 1, 1993, 4 The officer~ and directors of
Phillips Retail Marketing rompanv have been investigated and cleared by
the FBI and rBI, 5 The evidence adduced at the Public Hearing on March
8, 1993 established that the desires of the residents of the neighbor-
hood under consideration are for granting this license, as evidenced bv
petitions bearing 69 signatures in favor of issuance, 21 signatures in
opposition, and 10 signatures evidencing no opinion and that issuance of
thi~ license is consistent with the needs of the neighborhood under
consideration, seconded by Mr Flasco, carried 5-3 with rouncilmembers
Brougham, Selstad, and Vance Edwards voting no Mrs Brougham and Mr
Edwards feel that the neighborhood is being served by six outlets
possessing the same type of license
Item 2
Application for a new Beer and Wine License for Casa Blanca,
Inc , dba rasa Blanca Mexican Restaurant, 4101 Kipling Street,
Wheat Ridge (l-mile radius or waive survey only)
Motion by Mr Selstad to waive the survey for Casa Blanca Inc , dba Casa
Blanca Mexican Restaurant, 4101 Kipling Street, Wheat Ridge, because
there has been a Beer and Wine License at that location since 1983 and
the latest license iidn't expire until December 2, 1992 The needs and
desires of the neighborhood have already been established I further
move to hold a public hearing on this application on April 12, 1993 and
order the property be posted and the public hearing be published,
seconded by Phil Edwards, carried 6-2 with Councilmembers Vance Edwards
and FIasco voting no Vance Edwards feels that a 1-mile radius should
be set and a survey taken
UNFINISHED BUSINESS (POSTPONED AGENDA ITEMS FROM FEBRUARY 22, 1993)
Item 3
Community Awareness and Participation Project (rAP)
Mr Middaugh explained that this program is intended to provide a
mechanism for the rity of Wheat Ridge to significantly expand its
communication with Wheat Ridge citizens and to provide meaningful
opportunities for citizen participation and involvement in our local
government
Motion by Mr Selstad that the CAP process as recommended and amended by
the Council sub-committee be approved and work commence immediately,
seconded by Vance Edwards, carried 7-1 with Mrs Brougham voting no
Motion by Mr Selstad that the rity Administrator be authorized to spend
up to $3,700 from the rity rouncil's contingency account number
01-102-795, for printing and mailing of a rity-wide newsletter
recommended in the CAP process, seconded by Vance Edwards, carried 6-2
with Mr FIasco and Mrs Brougham voting no
CITY COUNCIL MINUTES
Jvlarch 8, 1993
Page -4-
Item 4
Purchase of Portable Radios
Motion by Phil Edwards that Motorola rommunications be awarded the
purchase of six portable raiios for the State Award amount of $3,b17 40
and that all costs be charged to account number 01-204-805, seconded by
Vance Edwards, carried 7-1 with Mr FIasco voting no Mr Flasco feels
we are throwing away $3,617 40 until we make up our minds what to do
with the communications system
Item 5
Payment to Jefferson rounty Hazardous Substance Respon~e
Authority
Motion by Jvlr
contribution
from Account
Eafanti to authorize payment of $2,504 90 as our 1993
to Jefferson rounty Hazardous Substance Response Authority,
01-215-704, seconded by Vance Edwards, carried 8-0
Item 6
Prospect Lake Bank Bid Award
Mr Middaugh explained that in 1992, the rity's open space program
included a variety of improvements to the Prospect Lake banks,
unfortunately the project was not completely designed in 1992 and has
only now been completed for bid award and construction The originally
budget money was $250,000 and the low bid for the project was submitted
for $132,307 by Paramount ronstruction Inc
Mr Wardle explained the improvements in detail ani answered Council's
questions
Motion by Mrs Brougham that the prospect Lake Bank Improvement Project
(RFB #93-05) be awarded to Paramount Construction in the amount of their
bid of $132,307 00 That a contingencylforce account of 15% in the
amount of $19,846 00 be established That a maximum amount of 2% of the
bid amount, $2,647 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 $152,153 00 and that all costs associated wit~ this project be
charged to account number 32-601-862 That $154,800 00 be transferred
from the Open Space Fund Balance to account number 32-601-862 That the
funds be encumbered for the length of the project which expressly allows
the expenditure of funds in 1994 for this project in accordance with
Ordinance #787, 1989 Series, seconded bv Vance Edwards, carried 8-0
Item 7
Amendment to rity's Personnel Policies
Mr Middaug~ explained the reasons for the changes
Motion by Mr Selstad that the proposed changes to Section 12,
sub-section B , and Section 12, sub-section r of the City's Personnel
Policies as recommended and approved by the Personnel Commission, be
approved, seconded by Vance Edwards, carried 8-0
CITY COUNCIL MINUTES
March 8, 1993
Page -5-
NEW BUSINESS
ORDINANCES ON FIRST READING
Item 8
Council Bill 7 - An Ordinance amending the Code of Laws of the
rity of wheat Ridge by adding thereto Section 16-64 (f),
Trapping Animals
Council Bill 7 was introduced by Mr Flasco on first reading, title
read by the Clerk
Motion by Mr Flasco that rouneil Bill 7 be approved on first reading,
ordered published, public hearing be set for Monday, April 12, 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 Eafanti
Mr FIasco moved for an amendment to add another Section t~at the Animal
Enforcement Officers, rity and State be bound by the same rules as all
the citizens and that there not be made an exception, seconded by Mr
Eafanti, carried 8-0
Mrs Brougham moved for an amendment to add in Section 1 the word
"humane" before trap, in Section 3 change the wording to read" or any
trap, other than a humane trap, ", seconded by Mr FIasco, carried
8-0
Original Motion as amended carried 8-0
Item 9
Council Bill 8 - An Ordinance amending the Code of Laws of the
City of Wheat Ridge, Colorado, regarding Parking of Recreation
Vehicles and towed Vehicles within public street
rights-of-way
Motion was made by Mr Selstad that Council Bill 8 be approved on first
reading, ordered published, public hearing be set for Monday, April 12,
1993 at 7 30 p m in the rity Council Chambers, Municipal Building, and
if approved on second reading, take effect 15 days after final
publication, seconded by Mr Davis, carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 10. Resolution 1341 - requiring rity Council approval of all
transfers of money previously budgeted by the rouncil, whether
said transfers are intra-departmental or inter-departmental
Mr Hayes explained that what is asked in this Resolution is already
specifically provided for in the rharter and therefore, it would not be
acceptable or enforceable
r,ITY COUNr,IL MINUTES
t-larch 8, 1993
PagA -6-
Mr FIasco felt that all transfers of money should be approved by
Council and made a Motion for adoption of Resolution 1341, Motion died
for lack of second
Motion was made by Phil Edwards that Resolution 1341 be tabled, seconded
by Mr FIasco, Motion fails 4-4 with Mr Davis, Mr Selstad, Vance
Edwards, and Mrs Brougham voting no Mayor broke tie by voting yes and
requested that this item be discussed at a Study Session Motion
carried ':>-4
Motion was made by Mr
tablA and be set up on
by Mr Flasco, carried
Brougham voting no
Davis that Resolution 1341 be removed from the
the next Study Ses~ion to be discussed, seconded
5-3 wit~ Mr SeJstad, Vance Edwards, and Mrs
It was agreed that this item be placed on the agenda to be discussed
at the Study Session on April 5, 1993
Item 11
A
Resolution 1342 - authorizing submittal of the Jefferson
County Open Space application and merit evaluation for the
1993 Development Joint VenturelGrant Project Request for the
development of a restroom at the 41st and Youngfield Clear
rreek Greenbelt Trailhead
B
Resolution 1343 - authorizing submittal of the Jefferson
County Open Space application and merit evaluation for the
1993 Development Joint Venture/Grant Project Request for t~e
restoration of the wheat Ridge Historic Post Office
Motion by Mr FIasco for the adoption of Resolution 1342, seconded by
Mrs Brougham, carried 8-0
Claudia Worth, 4650 Oak Street, representing the Wheat Ridge Historical
Society, was sworn in by the Mayor, asked for approval of Resolution
1343, and explained the Historical Society's involvement
Motion by Phil Edwards for the adoption of Resolution 1343, seconded by
Mr Shanley, carriAd 8-0
Item 12
Bid Award for Construction of Wheat Ridge Park Parking Lot
Mr Middaugh Axplained that this construction project was included in
the 1993 OpAn Space budget in the amount of $145,000 The project
involves construction of a paved parking area that will serve the entire
park, a basketball court and a landscaped area in the area of the park
that is immediately north of the baseball field and east of the driveway
entrance Eventually there will also be a road alignment at 44th &
Field Street, possibly in August
CITY COUNfIL MINUTES
March 8, 1993
Page -7-
Mr Davis will vote against this, not because he is against the project,
but he is against a 15% contingency
Motion by Mr Shanley that the Wheat Ridge Park Parking Lot Project (RFB
#93-06) be awarded to Asphalt Specialties Co , Inc in the amount of
their bid of $67,695 00 That a 15% contingencylforce account in the
amount of $10,154 00 be established That a maximum amount of 2% of the
bid amount, $1,354 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 $77,849 00 and that all costs associated with this project be charged
to account number 32-601-862 That the funds be encumbered for the
length of the project which expressly allows the expenditure of funds in
1994 for this project in accordance with Ordinance #787, 1989 Series,
seconded by Mr Eafanti
Motion by Mr FIasco to amend the motion to reduce the contingency to
10%, seconded by Mr Davis, carried 5-3 with founcilmembers Phil
Edwards, Selstad, and Vance Edwards voting no
Vote on original motion as amended carried 8-0
Item 13
Bid Award for Tabor Street Improvement Project
Mr Middaugh explained that this project involves a reduction in the
road grade near the intersection of Tabor Street and the North 1-70
Service Road, as well as site jistance improvements in the construction
area There are three parties to the construction, including Baptist
Home Association and Mr Robert Vermillion, as well as the City The
1993 Capital Improvement Fund budget has allocated $100,000 for this
particular project Baptist Home Association and Mr Vermillion will
contribute to the payment of thi~ project
Motion by Mr Shanley that the Tabor Street Improvement Project (RFB
#93-04), Project Number S-MISC 01-91 be awarded to Wycon Construction in
the amount of their bid of $136,611 50 That a contingency/force
account of 10% in the amount of $13,662 00 be established That a
maximum amount of 2% of the bid amount, $2,733 00, be allocated for
payment of any early completion of the project That $4,000 00 be
allocated for preformed plastic traffic marking material That
$57,012 00 be transferred from fapital Fund Balance to the Capital
Improvement Account 30-303-851, Miscellaneous Street Improvements
the Director of Public Works be authorized to issue change orders
the total contract and contingency amount of $154,279 50 and that
costs associated with this project be charged to account number
30-303-851, Miscellaneous Street Improvements That the funds be
encumbered for the length of the project which expressly allows the
expenditure of funds in 1994 for this project in accorjance with
Ordinance #787, 1989 Series, seconded by Mr Eafanti, carried 8-0
That
up to
all
CITY COUNCIL MINUTES
March 8, 1993
Page -8-
Item 14
Approval to renew Police Department romputer Software
Maintenance Agreement
Motion by Mr Selstad that the software maintenance agreement with OCS
Technologies, Inc be renewed for 1993 in the amount of $25,174 12 to be
paid annually and charged to account number 01-206-776, seconded by Phil
Eclwards, carried 8-0
Item 15
Disposition of Public Service Surplus Lancl
Mr Middaugh explainecl that the City's franchise agreement with Public
Service specifies that the rity will have the first right of refusal on
any property in their possession which t~ey determine is surplus anj is
to be sold In this particular instance, Public Service is asking a
City response on a parcel of property at 48th and Carr Staff
investigation has shown that the shape and size of the parcel has no
practical value for the rity as an isolated acquisition
Motion by Mr Davis for the first right of refusal, seconded by Mr
FIasco, carried 8-0
Motion by Mr FIasco to suspend the rules to go pa~t 11 00 p m and
complete Item 16 and Item 21, seconded by Mr Davis
Mr Davis called for the question, carried 6-2 with Vance Edwards anj
Mrs Brougham voting no
Motion carriecl 6-2 with Mrs Brougham and Vance Eclwarjs voting No
Item 16. Official consijeration of ~ity Attorney randijates Russell
Sindt/Richarcl Miller and Kathryn Schroeder
Mr Selstad expressed concerns about replaCing the rity Attorney at a
time when we are sure to be in court being sued one way or another
This is no reflection on the excellent candidates, but he doesn't want
to change horses in midstream John Hayes has assured the City that he
woulj not leave us without legal representation, ancl we will hold him to
that
Motion by Mr Selstad to decline both of the alternative legal firms
making a bid and without malice just indicate at this time we think it
is not appropriate and we have to get through the rest of what we have
to get through before we replace the rity Attorney and that is not to
say he can't get paroled at some time, it is just right now we need
those services, seconded by Vance Eclwards
Motion by Mr FIasco for a substitute motion to accept Russell
Sinclt/Richard Miller and to retain John Hayes to defend the rity at the
March 17 ~earing in Jefferson rounty rourt, seconded by Mr Davis,
failed 3-5 with rouncilmembers Flasco, Davis ancl Phil Edwards voting
yes
Vote on original motion carried 5-3 with rouncilmembers FIasco, Davis,
Phil Edwarcls voting no
rITY rOUNCIL MINUTES
March 8, 1993
Page -9-
Item 21
Motion by Mr Selstad to cancel the March 15, 1993 Special
Meeting, that was set on Februarv 22, 1993 for the purpose of
interviewing rity Attorney candidates, seconied by Mr
Eafanti, carried 8-0
CITY ADMINISTRATOR'S MATTERS
Mr Middaugh updated rouncil on the ICMA letter and the letter from
Lakewoorl
CITY ATTORNEY'S MATTERS
John Hayes informed Council that on March 17, 1993 at 1 30 p m our case
would be heard in Jefferson County
Meeting adjourned at 11 25 p m
(I
;(
APPROVED BY rITY
ON MARrH 2~, 1993 BY A VOTE OF
\(
J
TO 0
\~\. r-~ I" "( ~
~~~~
Ron Selstad, Council President