HomeMy WebLinkAbout08/23/1993
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
August 23. 1993
The r:ity Council Meeting was called to order by the Mayor at 7 30 p m
r:ouncilmembers present Elise Brougham (arrived at 7 35 pm), Kent
Davis, Don Eafanti, Phil Edwards, Vance Edwards, Tony FIasco, Ron
Selstad, and Dennis Hall Also present City clerk, Wanda Sang, City
Administrator, Robert Middaugh, r:ity Attorney, ~athryn Schroeder, City
Treasurer, Jim Malone, Director of Parks, Gary Wardle, Director of Public
Works, Bob Goebel, staff, and interested citizens
APPROVAL OF MINUTES
Approval of f'Hnutes of August 9, 1l193, August 11, 1993, June 28, 1993
(postponed from July 12 - see attached transcript)
Motion by ~r Eafanti for the approval of the Minutes of August 9, 1993,
seconded by Mr Hall, carried 7-0
Motion by Mr Eafanti for the approval of the Minutes of August 11,
1993, seconded by Mr Hall, carried 7-0
Motion by Mr Eafanti for the a~proval of t~e Minutes of June 28, 1993,
seconded by Mr Davis
Mrs Brougham asked for a correction to the Minutes that the Mayor's
comments on page 8, last paragrap~, be stricken His comments are not
accurate
Mr Selstad stated that anybody could have their comments recorded,
they've always had that right, it doesn't require a vote of Council to
have their comments put in From his viewpoint, it does say they left
without permis3ion and the whole point of what they did that evening was
to go to 11 30, so they could not and would not violate the Charter At
that point in time the meeting could not continue past 11 30 They
needed no permission and he wants his comments noted in the Minutes
After discussion it was agreed that part of the last paragraph be
changed to read that "the Mayor believed that Councilmembers mistaken
believed that the vote had been rigged"
Motion as amended carried 5-~ with Mr Hall abstaining, Vance Edwards
and Mrs Brougham voting No
PROCLAMATIONS AND CEREMONIES
Mayor Winger presented Certificate of Championship Recognition in the
CARA State Tennis Tournament to Brian Middaugh, Andy r:ampbell and Todd
D1lni vent
CITY COUNCIL MINUTES
A.ugust 23,1993
Page -2-
CITIZENS' RIGHTS TO SPEAK
Nancy Snow, 11155 W 40th Avenue, was sworn in by the Mayor, she
prevailed on Council to please put on the ballot the ,-harter Amendments
that were petitioned for, she is tired of the nitpiCking about the
petitions--just put them on the ballot, let the people vote
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1
Application f)r modification of premises from Port 44, Inc
dba "Horseshoe Bar & Grill", 4400 Ward Road, Wheat Ridge,
Colorado
City Clerk, Wanda Sang, explained that the applicant wants to add a
patio seating area, which would seat an additional 30 people
John Thorpe, 4333 Ulysses Way, applicant, was present and asked for
approval
Motion by Phil Edwards to approve the modification of premises for Port
44, Inc , dba "Horseshoe Bar & Grill", 4400 Ward Road, Wheat Ridge,
Colorado, and authorize the Mayor and City Clerk to sign the
application, seconded by Mr FIasco, carried 8-0
UNFINISHED BUSINESS FROM AUGUST 9. 1993
Item 2
Amendments to the Personnel Policy for Family and Medical Leave
Act
Motion by
Personnel
Personnel
Leave Act
Mr Selstad that Section 28 (G) of the City of Wheat Ridge
Policies and Procedures be amended as recommended by the
Commission in order to comply with Federal Family and Medical
requirements, seconded by Mr FIasco, carried 8-0
Item 3
Motion to authorize payment of Capital Cost for Hazardous Waste
Facility
Motion by Mr FIasco that the r:ity Administrator be authorized to pay
the City of Wheat Ridge share of capital costs for the Jefferson County
Householj Hazardous Waste Storage Authority facility in the amount of
$36,041, and be charged to the Capital Improvement Fund, Account 868,
seconded by Vance Edwards, carried 8-0
Item 4
Change in Council Rules and Procedures
Mr FIasco suggested that due to some of the conflicts we have had in
the past, the designated parliamentarian for Council Meetings be changed
from Council President to city ,-lerk
Motion by Vance Edwards to table Item 4, seconded by Mrs Brougham,
failed 3-5 with Councilmembers Vance Edwards, Brougham, and Selstad
voting yes
CITi COUNr:IL MINUTES
August 23,1993
Page -3-
Motion by Mr FIasco to change the Council Rules to adj Section 4 6,
Parliamentarian The rity r:lerk shall be considered parliamentarian for
Council meetings, seconded by Mr Davis, carried ~-3 with Councilmembers
Vance Edwards, Brougham, and Selsta1 voting no
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 5
Motions to override Mayor's Vetoes of Ordinances 934, 935, 936
(Needs 2/3 majority of Council)
Mayor Winger gave his reasons for vetoing the Ordinances The City might
want to build roads someday, don't give land away
Geoff Wodell,
concern about
through, \vants
in perpetuity
3935 Garland Street, was sworn in by the Mayor, voiced his
validity of pedestrian walkway if this vacation goes
to make sure that this pedestrian walkway is guaranteed
It is used by many people
Mrs Brougham did not vote for these vacations and will not vote to
override Mayor's veto, our vacation policy is that we will determine
each vacation in its own right, she agrees with Mr WOdell, it is
heavily used by pedestrians, it could be used by cars if the road is
built, the neighborhood to the east is landlocked, traffic is a
tremen10us problem
Mr Selstad concurres generally with vacating streets, but he will not
vote to override the vetoes
Motion by Vance Edwards to override the hayor's veto of Ordinance No
934, seconded by Mr Davis, carried 6-2 with Mrs Brougham and Mr
Selstad voting No
Motion by Vance Edwards to override the Mayor's veto of Ordinance NO
935, seconded by Mr Davis, carried 6-2 with Mrs Brougham and Mr
Selstad voting no
Motion by Vance Edwards to override the Mayor's veto of Ordinance No
936, seconded by Mr Davis, carried 6-2 with Mrs Brougham and Mr
Selstad voting no
Item 6
Resolution 1361 - approving first amendwent of Inter-
governmental Agreement with Jefferson County, City of Lakewood,
Arvada, City of Wheat Ride and other municipalities relating to
the ~reation of a Household Hazardous Waste Storabe Authority
Resolution 1361 was introduced by Vance Edwards, title read bv the
Clerk
After discussion, several questions came
could not be answered at this time Mr
this item to give him the opportunity to
Councils' questions
up from councilmembers that
Hid daugh sliggested postponing
get answers for all of
Motion by Vance Edwards to postpone this item until the next regular
Council Meeting, seconded by Mr Selstad, carried 8-0
CITY CuUNCIL MINUTtS
August 23, 1993
Page -4-
Item 7
Resolution 13b2 - authorizing the following question concerning
the funding of the 1994 City Budget to be submitted to the
citizens of Wheat Riige in the form of a ballot question to be
included on the ballot for the coordinated electiun held on
November 2, 1993
Resolution 1362 was introduced by Vance Edwards, title read by the
Clerk
Mr Middaugh presented the staff report, which included information
that the rity's 1992 year ending cash position is better than
anticipated due to unanticipated revenues and an accounting treatment of
ESTIP revenues The 1993 revenue and expenditure comparison should
provide for an increase in the r:ity's year end fund balance due to
savings on the expeniiture 3ide largely attributed to turnover during
1993 In 19~4, the anticipated City budget can be funded completely
from an expenditure of the City's accumulated cash reserve without
drupping the reserve to an unacceptably low level In conclusion he
feels that it is premature for the City to propose a a ballot question
to voters asking for additional revenue The revenue shortfall that has
been projected will not materialize until 1994, and given the City's
cash position, the reserve should be expended to fund the City's general
operations and only in 1994 should the voters be approached with a
revenue raising measure that wouli address 1995 and later years
Motion by Mr Davis that we take the recommendation of City
Administrator and staff and postpone this Resolution until this time
next year after we can look at it for 1 year, seconded by Phil Edwards
Motion by Vance Edwards to amend that we adopt Resolution 1362 with the
ballot to read "Shall the City of Wheat Ridge be authorized to utilize
existing Capital Funds up to the SIJrn of $'1,500,000 00 for General
Operating Purposes?", seconded by Mr Selstad
Mr Hall will Oppose this amendment, we are asking the voters for a
blank check, it doesn't say what we will use the money for, or even if
we will use it, if p8ssed, it would give us the authority to change the
allocation of our sales tax funds in any way the council pleases It is
not necessary to pass this to make sure that the employees will be paid
fairly
Mr Davis will vote against the amendment because the money will be
taken away from the Capital fund and once the monev is ~one, its gone,
then we'll pass bonds, and that is taxation
Phil Edwards will against this, he is a strong supporter of the Police
Department and City Employees and wants the raises to stay as promised,
we can do that this year, give the CAP program 3 ch8nce and look at this
next year
Motion failed 6-2 with Mr Selstad and Vance Edwards voting yes
Original Motion carried 6-2 with Mr Selstad and Vance Edwards voting
no
CITY CuUNCIL MINUTE~
August 23, 1993
Page -5-
Item 8. Authorization of Operation Expenses for Household Hazardous
Waste Storage Facility
Motion by Mr Hall that the City Administrator be authorized to pay
$5,263 for operating costs associated with the Household Hazardous
Waste Storage Facility from the emergency operations budget account
215-704, seconded by Mr Davis, carried 8-0
Item 9
Motion to transfer $3,370 for the purpose of mosquito
spraying
Motion by Mrs Brougham that $3,370 be transferred from Account No
01-102-795 to Account No 01-603-750 for the purpose of mosquito
spraying, seconded by Mr Eafanti
Motion
$6,000
City
by Mr FIasco to amend the motion to increase that
and that it be used to purchase mosquito spray for
Motion jied for lack of second
amount to
the entire
Original Motion carried 7-1 with Mr FIasco voting no
Item 10 Bid Award for Wheat Rijge Park Playground
Motion by Mr Selstad that the Synthetic Playground Surfacing Project
(RFB #93-21), be awarded to Mitchell Rubber Products in the amount of
their bid of $3,536 00 That a 20% contingency/force account in the
amount of $708 00 be established That the Director of Parks and
Recreation be authorized to issue change orders up to the total contract
and contingency amount and that the total costs of this project of
$4,244 00 be charged to Account No 54-601-877 That the funds be
encumbered for the length of the project whic~ expressly allows the
expenditure of funds In 1994 for t~is project in accordance with
Ordinance 787, 1989 Series, seconded by Vance Edwards
Mr Davis moved to amend that instead of a 20% contingency, it be a 10%
contingency, seconded by Mr FIasco, failed 3-5 with rouncilmembers
Davis, FIasco, and Brougham voting yes
Original Motion carried 8-0
Item 11 West 38th Avenue Right-of-Way and Easements
Mr Middaugh explained that prior to W 38th Avenue reconstruction, Mr
Perotti had nine parking spaces on his property, which were designated
for his exclusive use As a result of the construction, the number of
spaces was reduced to four The city built a public parking lot
adjacent to Mr Perotti's property and added ten parking spaces for
publiC use As part of our negotiations with Mr Perotti, it has been
suggested he be allowed the exclusive use of five of the ten spaces He
recommended that City Council approve the permanent easement agreement,
which provides for exclusive parking rights for Mr Perotti of five of
these parking spaces
CITY COUNCIL MINUTES
August 23, 1993
Page -6-
Chuck Perotti, 7174 W 3bth Avenue, was sworn in by the Mayor There
has been a de-evaluation of his property becau~e of the loss of his
parking spaces he doesn't feel he is asking for too much, by asking
for the five marked parking space~ on the east side of his building
Motion by Mr FIasco to hold an Executive Session under Section
5 7(B) (1) of the r:harter, seconded by ~lr Davis, carried 8-0
EXECUTIVE SESSION WAS HELD.
Motion by Mr Hall that the r:ity Attorney draft documents for Council
review as follows 1 A document granting an easement to the rity to
the parking places that are now on the street 2 A document granting
an ea~ement to Mr Perotti for the parking places in the parking lot
Also documents concerning maintenance to those parking areas, and some
kind of release to ensure that thi~ matter be settled once and for all
and that Mr Perotti will release all further claims to the City,
seconded by Vance Edwards
Motion by Mr FIasco to amend to change the easement on W 38th Avenue
to a deed, seconded by hrs brougham, carried 5-3 with Councilmembers
Hall, Vance Edwards, and Phil tdwards voting no
Original Motion as amended carried &-0
Item 12 Appointment to Jefferson r:ounty Community Development Block
Grant Review Committee
Motion by Mr Davis that the Mayor make an appointment with the approval
of City Council, seconded by Mr FIasco, carried 8-0
Item 13 Crussing Signal Reconstruction
Motion by Vance Edwards that poles and mast arm be purchased from Gades
Sales Company in the amount of their written quote of $6,500 That
signal and pedestrian heads for this project be purchased from Western
Signal Company in the amount of their written quote of $3,396 20 That
the City engage W L Contractors to drill and pour signal bases and
erect the ~ignal pole and mast arms on the bases in the amount of their
written quote of $7,650 To allocate an additional $5,074 80 to
purchase miscellaneous materials and rent Deeded equipment That a
contingenoy amount of $2,200 be allocated for unforeseen circumstances
That all costs associated with this project be charged to Capital
Improvements Fund Account 30-304-843, Traffic Signal Replacements That
the funds be encumbered for the length of the project which expressly
allows the expenditure of fund~ in 1994 for this project in accordance
with Ordinance #787, Series of 1989, seconded by Mr Selstad, carried
7-1 with Mr Davis voting No
CITY COUNCIL MINUTES
August 23, 1994
Page -7-
Motion by hrs Brougham to suspend the Rules and go past 11 00 p m and
finish all of the items on the agenda, seconded by Vance Edwards,
carried 7-1 with Mr Davis voting no
CITY ADMINISTRATOR'S MATTERS
Robert Middaugh updated Council on r:able TV rates
He asked if Council wanted to 10ld the September Study Session on
Tuesday, September 7 (September 6 is Labor Day)
Consensus was 7 in favor to hold Study Ses3ion on TueSday, September 7,
1993
ELECTED OFFICIALS' MATTERS
Jim Malone stated that we have finished our 3 year in house audit and
asked for consensus to go out for another RFP for outside audit services
and re4uested that two r:ouncilmembers be appointed to the review
committee r:onsensus was 8 in favor to proceed with HFP Dennis Hall
and Tony FIasco will be the Council review committee
Don Eafanti commended parade committee, parks, public works, etc for
the parade, they should get some reward to come back next year
Tony FIasco askej for consensus to discuss sales/use tax as it applies
to rental properties at a Study Session Consensus was 8 in favor
He asked for consensus to discuss an Ordinance changing parking
requirements when the use on a building changes Consensus was 8 in
favor to discuss this at a Study Session
Phil Edwards thanked Carnation Festival Committee and Dan Wilde, Parks
People, etc for the great job they did
Elise Brougham has been getting calls that people are being brought to
the detox center at Arapahoe House, 4643 Wadsworth, according to
Ordinance 891 this is a violation of City Code Mr Mijdaugh
will check into this
Motion by Mr FIasco to adjourn, seconded by Mr Davis, carried 7-1 with
Phil Edwards voting no
28 p m
erk
APPHOVED BY CITY COUNCIL ON SEPTEMBER 13, 1993 BY A VOTE OF
7
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TO \...~\
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Ron-Selstad, council President