Loading...
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 \ TO \...~\ (") " ,)0",~ '\~_~- Ron-Selstad, council President