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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