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HomeMy WebLinkAbout07/12/1993 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO July 12, 1993 The City Council Meeting was called to order by Mayor pro tem, Tony FIasco, at 7 30 p m Councilmembers present Kent Davis, Don Eafanti, Phil Edwards, Vance E~wards, Tony FIasco, Ron Selstad, and Dennis Hall Also present City Clerk, Wanda Sang, City Administrator, Robert Middaugh, City Attorney, Kathryn Schroeder, 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 Elise Brougham arrived at 7 35 p m APPROVAL OF MINUTES of Special Council Meeting on July 1, 1993 and June 28, 1993 Motion by Mr Eafanti for the approval of the Minutes of July 1, 1993, seconded by Phil Edwards, carried 6-0 with Mr Hall 3bstaining Motion by Mr Eafanti for the approval of the Minutes of June 28, 1993, seconded by Phil Edwards, carried 5-0 with Mr Hall and Mr Davis abstaining CITIZENS' RIGHTS TO SPEAK Vi Peachey, 2980 Ingalls Street, was sworn in by the Mayor pro tem, re4uested curb and gutter at the Ingalls Street constrlJction, feels cars will be damaged this winter from pipes sticking out, is not happy with how their property looks, street looks unsightly, dangerous for children to be playing around those sharp pipes Greg Palmer, 880 S Kline Way, was sworn in, concurred with Mrs Peachey, is in fact here on behalf of Mrs Peachey and some of the residents in the area, thanked Council and the Mayor for their immediate attention when he had called them, asked for curb and gutter, feels it woul~ benefit the City John Powers, 2615 Upham Street, was sworn in, read a Resolution from Area 4 Planning Committee, Wheat Ridge United Neighborhoods, and Wheat Ridge Youth Council, into the record, which requested that the Library Board of Trustees of Jefferson County utilize other means of resolving budgetary problems rather than drastically reducing the operating hours of smaller libraries such as Wheat Ridge Wheat Ridge City Council has prepared a Resolution along these same lines and consensus was 8 in favor to adj it as an Agenda Item at the beginning of Decisions, Resolutions and Motions Jim Marriott, 6115 W 30th Avenue, was sworn in, he also complained about the construction on Ingalls Street and asked for curb and gutter CITY COUNCIL MINUTES July 12, 1993 Page -2- Evelyn Marriott, 6115 w 30th Avenue, was sworn in, curb and gutter would preserve the integrity of the neighborhood Joseph Castellani, 3022 Ingalls Court, was sworn in, trucks have messed up road on Ingalls Court and he and his neighbors would like to see this road cleaned up and repaired Harold Rull, 6110 W 30th Avenue, was sworn in, complained about the job on Ingalls Street Mary Nielson, 295? Ingalls Street, was sworn in, asked for curb and gutters Evie Sebring, 2975 Ingalls Street, was sworn in, asked for curb and gutter Mark Edwards, 2965 Ingalls Street, was sworn in, concurred with all the former statements, culverts around the drive are dangerous, urged for curb and gutter approval tonight Sunil Osmond, 2960 Ingalls Street, was sworn in, asked that street be fixed Mike Rapp, 2950 Ingalls Street, was sworn in, thanks Council to allow the residents to voice their opinions, was drawn to area by serene country atmosphere, supported the statements of his neighbors and friends and asked for curb and gutters Irene Gibbs, 30~0 Jay Street, was sworn in, complained about the job on Ingalls Street, neighbors deserve curbs and gutters, maybe even sidewalks Public Works Director, Bob Goebel, gave a brief history and cost breakdown on this project This is a joint project between the Cities of Wheat Ridge, Edgewater, and the Urban Drainage and Flood Control District This project is not yet finished Wheat Ridge contributed $600,000 00 to this project, the total cost is estimated to be 1 2 Million Dollars Currently there is approximately between $75,000 to $100,000 Dollars left over, but it looks like we are going to need most of this to repair streets that we didn't anticipate would fall apart He gave cost breakdowns as to how much curb and gutter would cost for various sections of the streets, it looks like $44,000 for curb alone and $55,000 00 for curb, gutter and walk Council jirective about 10 years ago had been to only add curb where absolutely necessary when water would sheet-flow across the ~treet That is why no curb had been added to Ingalls Street Urban Drainage has already contributed an extra $125,000 to the project and they are unwilling to contribute any more It will be up to wheat Ridge if we want to put the curb in Vance Edwards stated we need to rr,ake a decision tonight to give change orders to the contractor tomorrow He also stated that we needed to follow the ADA mandate regarding sidewalks City Attorney will research this CITY COUNCIL MINUTES July 12, 1993 Page -3- Motion by Mr Davis that we add curb and gutter, do not exceed the budget and if we do, Mr Goebel come back to Council, that all repair comply with ADA requirements, that this money come from Acct 36-07-795, seconded by Vance Edwards Motion by Vance Edwards to amend that we go all the way on the north side to 32nd Avenue and finish the project, seconded by Ron Selstad, failed 3-5 with Councilmembers Vance Edwards, Selstad, and FIasco voting yes Vote on original motion carried e-o Mr Selstad explained that he had missed a meeting due to travelling and wanted to add an Item to the Agenda to explain some additional questions regarding the r:AP survey, he asked for Council consensus to put this on as Item 12 Consensus was 7 in favor LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1. Application to transfer the ownership from Paek Youn Ki, dba "Wilmore Liquor", 7777 W 38th Avenue, Wheat Ridge, to Doug S & J, Inc Motion by Phil Edwards to approve the Transfer of Ownership from Paek Youn Ki, dba "Wilmore Liquors", 7777 W 38th Avenue, Wheat Ridge, Colorado, to Doug S & J, Inc for the following reasons 1 All applications and fees required by statute have been filed and paid, 2 The applicants will entitled to occupancy of the premises by virtue of a signed lease assignment dated June 9, 1993, 3 The applicants have been cleared by the Police Department, seconded by Mr Eafanti Sigrid White, 6976 Quay Court, Arvada, was sworn in by the Mayor, and answered Council's questions Motion carried 8-0 Item 2. Application from MPR Enterprises Corp, dba "Michelli's Italian Restaurant", 3244 Youngfield, Unit G, Wheat Ridge, to add a patio seating area Motion by Vance Edwards to approve the modification of premises for MPR Enterprises, dba "Michelli's Italian Restaurant", 3244 Young field Street, Unit G, Wheat Ridge, and authorize the Mayor and City Clerk to sign the application, seconded by Mr Selstad, carried 8-0 CITY COUNcIL MINUTES Page -4- .July 12, 1993 ORDINANCES ON FIRST READING Item 3 Council Bill 18 - An Ordinance providing for the approval of rezoning from Agricultural-One to Commercial-One Zone District for property located at 11790 West 44th Avenue, City of Wheat Ridge, r:ounty of Jefferson, State of Colorado (Case No WZ-93-2) (Dennis and cheryl Hoefer) Council Bill 18 was introduced by Phil Edwards on first reading, title read by t~e Clerk Motion by Phil Edwards that Council Bill 18 be approved on first reading, ordered published, public hearing be set for Monday, August 9, 1993 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Vance Edwards, carried 8-0 Item 4 A Council Bill 19 - An Ordinance vacating an unnamed North/South Street between Hoyt Street and Independence r:ourt (a k a Independence Place) and between West 38th and West 39th Avenues and adjacent to 9550 West 39th Avenue, within the rity of Wheat Ridge, County of Jefferson, State of Colorado (Douglas E and Sandra L Jackson) Council Bill 19 was introduced by Vance Edwards on first reading, title read by the Clerk Motion by Vance Edwards that Council Bill 19 be approved on first reading, ordered published, public hearing be set for Monday, August 9, 1993 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconded by Mr Eafanti, carried 8-0 B Council Bill 20 - An Ordinance vacating a portion of West 39th Avenue adjacent to 9550 West 39th Avenue and West of Hoyt Court, within the City of Wheat Ridge, county of Jefferson, State of Colorado (Douglas E and Sandra L Jackson) Council Bill 20 was introduced by Vance Edwards on first reading, title read by the clerk Motion by Vance Edwards that Council Bill 20 be approved on first reading, ordered published, public hearing be set for Monday, August 9, 1993 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconded by Mr Eafanti, carried 8-0 CITY COUNCIL MINUTES July 12, 1993 Page _5_ r: Council Bill 21 - An Ordinance vacating a portion of West 39th Avenue between Hoyt Court ani Independence Court (a k a Independence Place) in the Rose Haven Subdivision adjacent to 3900 Independence Court, within the City of Wheat Ridge, County of Jefferson, State of Colorado Council Bill 21 was introduced by Vance Edwards on first reading, title read by the r:lerk Motion by Vance Edwards that Council Bill 21 be approved on first reading, ordered published, public hearing be set for Monday, August 9, 1993 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconded by Mr Selstad, carried 8-0 D Council Bill 22 - An Ordinance vacating a portion of West 39th Avenue adjacent to 3915 Hoyt Court and West of Hoyt Court, within the City of Wheat Ridge, County of Jefferson, State of r:olorado (Elaine H McNulty) Council Bill 22 was introduced by Vance Edwards on first reading, title read by the clerk Motion by Vance Edwards that Council Bill 22 be approved on first reading, ordered published, pUblic hearing be set for Monday, August 9, 1993 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconded by Mr Eafanti, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS At this time Resolution 13?5 was introduced by Vance Edwards, the title of which reads "A Resolution of the City of Wheat Ridge regarding Library Services" Mr Middaugh explained the reason for this resolution, which respect- fully requests that the Library Trustees and the County Commissioners develop and consider an alternate plan of budget adjustments which more equitably distributes any budget adjustments and which also takes a long range view of the provision of library service and incorporates the input of municipalities into said plan Motion bv Vance Edwards for the adoption of Resolution 1355, seconded by Mr Selstad, carried 8-0 Item 5. Resolution 1350 - creating the r:ultural Arts r:ouncil Resolution 1350 was introduced by Vance Edwards, title read by the Clerk r:ITY COUNCIL MINUTES July 12, 1993 Page -6- Mrs Sang gave a brief background on the origination of this Resolution Consensus was 7-1 to bring this to the August Study Session for further discussion Item 6. Motion re Mosljuito Control Mr Middaugh explained that he and Mrs Brougham had been approached by a representative of the McLaughlin subdivision at Simms and 38th regarding mosquito control The City has no program for the control of mosquitos at the present time The most likely area to control mosquitos would be the Greenbelt The cost would be approximately $2,400 for the balance of the year for the portion of the greenbelt from Kipling to Young field Michael Scarafotti, 3990 Simms Court, was sworn in in, complained about the large mosquito poplJlation in Wheat Ridge, asked if the City Council could do something about the problem Motion by Mrs Brougham that the city undertake mosquito control on a contract basis on the r:ity's greenbelt until September 15, 1993, utilizing E P A approved mosquito control substances and that $2,400 be appropriated from Open Space Fund and transferred to Parks Maintenance, Acct No 603-750, to pay expenses for the program, seconded by Mr Phil Edwards Vance Edwards will vote no, because there are many other areas in Wheat Ridge that have just as big a problem and should also be sprayed Vance Edwards made an amendment to take this money out of the Council Travel Budget, seconded by Mr Selstad, failed 2-6 with Mr Selstad and Vance Edwards voting yes Original Motion failed 4-4 with Councilmembers Phil Edwards, Brougham, Eafanti and Hall voting yes Item 7. Discussion with TCI Representatives John Suranyi, General Manager for TCl Wheat Ridge, was present and gave brief outline of their plans for the next 30 days and answered questions Item 8 Bid award for 1993 Slurry Seal Program Motion by Vance Edwards that the 1993 Preventive Maintenance Improvement Program, (Slurry Seal) (RFB #93-17), be awarded to Intermountain Resurfacing, Inc in the amount of their bid of $219,665 I further move that a 5% contingency/force account in the amount of $10,983 be established That a maximum amount of 2% of the bid amount, $4,393 be allocated for payment of any early completion of the project That the Director of Public Works be authorized to issue change orders up to the total contract and contingency amount and that the total costs of this project of $235,041 be charged to Acct No 30-303-884 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, carried 8-0 CITY COUNCIL MINUTES July 12, 1993 Page -7- Item 9 Bid award for Police r:omputer Acquisition Motion by Elise Brougham that Brentwood Business Systems be awarded the purchase of the 386 Computer for the CCIC System (RFQ #011-93) in the amount of their quote of $3,015 84 and that the costs be charged to Acct No 01-206-809, seconded by Vance Edwards, carried 8-0 Item 10 Public/Private Sector Cooperation/Notification process Motion by Mr Selstad that the r:ity of Wheat Ridge utilize the notification process which was jointly developed by Jefferson County governmental agencies and Jefferson County businesses in an attempt to enhance cooperation and a stronger working relationship between the public and private sectors in Jefferson County, as recommended by the Jefferson County Government/Business Services Task Force, seconded by Vance Edwards, carried 8-0 Item 11 Motion re Litter Control Motion by Mr Selstad that the City undertake a temporary litter control program with emphasis on the I-70 corridor and entry points into the City of wheat Ridge, and that $3,000 be appropriated from the City Council contingency Acct No 102-795, and transferred to the Street Maintenance budget Acct No 303-617, for program expenses, seconded by Mr Eafanti, carried 6-2 with Vance Edwards and Mrs Brougham voting no Item 12 CAP Program Mr Middaugh explained that in order to save time, a random survey of 500 people had been suggested Majority view of Council had been to stay with the original program and not rush through the process and allow ample time to review and discuss the results We do not have time to place something on the November ballot Motion by Mr Selstad to continue the funding as planned for the 500 person survey, seconded by Mr Eafanti Vance Edwards will vote no, we already have a survey that is being sent out to every household, we don't need to send an additional 500 surveys and have these people fill out two surveys Mr Selstad will vote against his own motion because this is a waste of money if we can't get something on the November ballot Motion failed 4-4 with Councilmembers Eafanti, Davis, Hall, and Phil Edwards voting yes CITY ADMINISTRATOR'S MATTERS Hobert Middaugh asked for clarification as to how to proceed with the CAP Program and survey Phil Edwards asked for Council consensus to have the City Attorney review the tapes on how rity Council originally voted on the CAP Program and make sure that the process we are involved in tonight is proper and parliamentary Consensus failed 4-4 CITY COUNCIL MINUTES July 12, 1993 Page -8- Motion by Phil seconded by Mr voting no Edwards to adjourn after City Attorney's Matters, Davis, carried 6-2 with Vance Edwards and Ron Selstad Mr Middaugh asked if Council wanted to give consideration to an amendment to our RV Ordinance, which would address rental properties r:onsensus was 7 in favor to bring in language that would address this problem CITY ATTORNEY'S MATTERS Kathryn Schroeder stated that she had prepared a legal opinion asked at the last Council meeting regarding the city's bonds, there is no conflict with refinancing Meeting adjourn"ed at 11 15 p m APPROVED bY CITY COUNCIL ON JULY ~6, 1993 BY A VOTE OF ->:5" TO c ~ ~~ ~~ ... ,\~ Ron Selstad, Council President