HomeMy WebLinkAbout09/27/1993
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
September 27, 1993
The City Council Meeting was called to order by the Mayor at 7 30 p m
Councilmembers present Elise Brougham, Kent Davis, Don Eafanti, Phil
Edwards, Vance Edward~, 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
Park~, Gary Wardle, Director of Public Work~, Bob Goebel, staff, and
interested citizens
APPROVAL OF MINUTES September 13, 1993
Motion by Mr Eafanti for the approval of the Minutes of September 13,
1993, seconded by Mr Hall, carried 8-0
Mayor Winger read an announcement that the Wheat Ridge ~ommunity Center
is having a fund raiser Spaghetti Dinner on October 9 and 10, 1993
CITIZENS' RIGHTS TO SPEAK
City Clerk, Wanda Sang, read a letter into the record from Wheat Ridge
United Neighborhood~, thanking candidates, citizens, city staff, and Tr:I
staff for participating in the Election Preview of 1993
Larry Merkl, 7175 W 34th Place, was sworn in by the Mayor, he
questioned Councilmember Vance Edwards' conduct and adherence to the
r:ity Charter regarding an incident with Code Enforcement and political
~igns in yards
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1
Application for a Special Events Permit from Sts Peter and
Paul Church, for the dispensing of 3 2% Beer during a brown bag
social on October 23, 1993 in their gym at 3920 Pierce Street
Motion by Mr FIasco to approve the Special Events Permit for Sts Peter
and Paul Church, at the location of 3900 Pierce Street, Wheat Ridge, to
dispense 3 2% Beer on October 23, 1993 from 7 00 p m to 10 00 p m in
the gym at 3920 Pierce Street 1 further move to authorize the Mayor to
3ign the Application for the Special Events Permit, secunde1 bv Mr
Sel stad, carr ied 8-0
CITY COUNCIL MINUTES
S~pte[lJber 27, lY93
PagA -2-
Item 2
Application to transfer the Ownership from Leroy A
db3 "Valley Liquors", 4992 ~ard Roa1, Wheat Kldge,
Woo, 17131 E Mercer Drive, Aurora, rolorado
Cerrone,
to Yong Nam
Applicant Yong Nam hoc, 17131 E Mercer Driie, Aurora, was ~worn in bv
the Mayor, she asked for approval of the transfer
Motion by Phil Ldwards to approve the Transfer of Ownership of a Retail
Liquor Store License from Leroy A Cerrone, dba "Valley Liquors", 4992
Ward Road, Wheat Ridge, Colorado, to Yong Nam Woo for the f)llowing
reason, All applications and fees required by statute have been
filed and paid, 2 Mrs Woo is in possession )f the premises by virtue
of a signed lease assignment dated September 4, 1993, 3 Mrs Woo has
been cleared by the Police Department, ,econded by Mr FIasco, carried
8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 3
Council Bill 25 - An Ordinance vacating an unused portion of
West 32nd Avenue between Kipling Street and Simms Street within
the city of Wheat Ridge, Countv of Jefferson, State of
Colorado
(~ase ~o WV-93-b)
Council Bill 25 was introduced on second reading by Mrs Brougham, title
read by the r:lerk, Ordinance No 940 as,igned
Mr Middaugh explained that this was bei1g done as part of the
reconstruction of W 32nd ~venue, certain representations had been made
to property owners that surplus right-of-way would be vacated at the
conclusion of the reconstruction of the road, this fulfills these
representations
David DiGiacomo, 3275 Quail Street, was sworn in by the Mayor, he spoke
in favor of Council Bill 25, he feels the traffic has increased since
the street improvement and the speed seems to be in excess of the posted
speed limit, had he known the full effect he would not have supported
this at the time
Beverly Phillips, 10405 W 32nd Avenue, was sworn in by the Mayor, urged
that the rity give back the property along W 32nd Avenue, complained
about the land,capinb provided by the city on her property
Mrs Brougham insisted that the reason for this being done would be part
of the record On September 12, 1988 this road reconstruction was
appr::>ved by the then rity Council, motion was made by Mr l'lerkl th'lt-
32nd Avenue from Youngfield to ~ipling be reconstructed in accordance
with the recommendations of the task force attached to the minutes
Some of the recommendations are 1 We believe that the excess
right-of-way should be offered to the residents adjoining 32nd Avenue as
a concession to accepting this compromise, the deeding back of the
excess right-of-way would indicate the willingnes~ to ~ive something
back to the community.
~ITY COUNCIL MINUTES
September 27, 1993
Page -3-
clearly there will not be need to widen beyond 44 feet in t~e fore-
seeable future, and if this eventually shoul d occur the land use in the
corridor would likely change and the acquisition of property would be
possible at that time
2 We believe that there should be some guarantee put in place that
should the rity wish to re-stripe the project to a 4-lane roadway
additional publi.c input woulj be mandatory we realize this Council
cannot bind further Council but if the approval of this could be made an
Ordinance which would require Council action to change, then we believe
protection 0Juld be in place that would allow the citizens to have some
assurance the city would not re-stripe the street without additional
public input
Motion by Mrs Brougham to approve Council Bill 25 (Ordinance No 940),
order it published, and that it take effect 1 day after final
publication, seconded by Vance Edwards, carried 8-0
Item 4
Council Bill 5 - An Ordinance providing for the disconnection
of a parcel of land located within the "ity of Wheat Ridge
(Sam Barnhill, 13149 West 33rd Avenue)
(Tabled from March 22, 1993) (Taken off the table August 9,
1993 )
Council Bill 5 was introduced on second reading by Mrs Brougham, title
read bv the Clerk, Ordinance No 941 assigned
Mr Middaugh explained that Mr Barnhill had asked to be disuJnnected
from the r:ity for a varietv of valid reasons that had been discussed at
length in previous Council meetings
Motion by Mrs Brougham that ~ouncil Bill 5 (Ordinance 941) be approved
on second reading and ordered published and take effect upon the
required filing with the Jefferson rounty Clerk and Recorder, seconded
by Vance Edwards, carried 8-0
ORDINANCES ON FIRST READING
Item 5
Council Bill 27 - An Ordinance providing for the approval of a
Special Use Permit to allow an environmental training center in
an Industrial Zone District on property located at 5040 Tabor
Street, rity of Wheat Ridge, County of Jefferson, State of
Colorado
(Case No SUP-93-3) (Urie Environmental Health, Inc )
Council Bill 27 was introduced by Phi.l Edwards on first reading, title
read by the Clerk
~ITY COUNCIL MINUTES
September 27, 1993
Page -4-
Motion by Phil Edwards that Council Bill 27 be approved on first
reading, ordered pYblished, public hearing be set for Monday, October
25, 1993 at 7 30 p m in City coyncil Chambers, kunicipal Bldg , and if
approved on second reading, take effect 1 day after final publication,
seconded by Mr Eafanti, carried 8-0
Item 6
r:oyncil Bill ~b - An Ordinance establishing the salary for the
elected positions of Mayor, Members of council, r:ity clerk, and
City Treasurer, of the City of Wheat Ridge, during the term of
0ffice commencing November 8, 1993, and ending November 13,
19Y5, re~ealing Ordinance 881, Series of 1991, and providing
for an automatic repeal and termination of this Ordinance
Coyncil Bill 28 was intruduced by Mr Davis on first reading, title read
by the Clerk
I-lotion by Hr Davis that COIJDcil Bill 28 be approved on first reading,
ordered published, public hearing be set for Monday, October 25, 1993,
at 7 30 p m in r:ity Council Chambers, Municipal BYilding, and if
ap~roved on second reading, take effect on November 8, 1993 That the
Mayor receive an annyal salary of $9,240 00, ~ayable in monthly
installments of $770 00, the r:ity Council receive an annual salary of
$3,960 00, payable in monthly installments of $330 00, the r:ity Clerk
receive an annual salary of $26,400 00, payable in monthly installments
of $2,200 00, the City Treasurer receive an annual salary of $26,400 00,
payable in mont~ly installments of $2,200 00
Mr Selstad asked for an amendment that each position's salary be voted
on separately
Mr Selstad moved that the Mayor's annual salary be $6,000 00, payable
in monthly installments of $500 00, Pyt this money back to put more
police on the street, seconded by Vance Edwards, failed 2-6 with
Councilmembers Vance Edwards and Ron Selstad voting yes
Vote on original motion carried 6-2 with Councilmember Selstad and Vance
Edwards voting no
Motion by Vance Edwards that ~ouncil Salary be $250 00 per month, or so,
as long as it was cut by one third, this would be an annual salary of
$2,b40 00, seconded by Mr Se13tad Mr Selstad asked for a friendly
amendment, this was changed in 1989 from $250 00 to $330 00, this go
back to the $2?0 00 level Vance Edwards acce~ted this as a friendly
amendment Failed 2-6 with with r:ouncilmembers Vance Edwards and
Selstai voting no
Vote on original motion carried 6-2 with councilmembers Selstad and
Vance Edwards voting no
Salary for City clerk be $26,400, payable in monthly installments of
$2,200 00, carried 8-0
Salary for City Treasurer be $26,400, payable in monthly installments of
$2,200 00, carried 8-0
CITY COUNCIL MINUT~S
September 27, 1993
Page -5-
Item 7. Council Bill 29 - An Ordin3nce vacating a portion of Jay Street
within the city of Wheat Ridge, County Jf Jefferson, State of
r:olorado, addressed as approximately 3490 Jay Street
(Case No WV-93-5)
'ouncil Bill 29 was introduced by Mr Selsta1 on first reading, title
read by the Clerk
Motion by Mr Selstad that Council Bill 29 be approved on first reading,
ordered published, public hearing be set for Monday, October 25, 1993
at 7 30 p m in rity Council Chambers, Municipal Bldg , and if approved
on second reading, take effect 1 day after final publication, seconded
by Vance Edwards, carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Iterr;~ Resolution 13b7 - approving first amendment of Inter-
governmental Agreement with Jefferson County, City of Lakewood,
Arvada, City of Wheat Ridge and other Municipalities relating
to the creation of a Household Hazardous Waste Storage
AIJthori ty
Resolution 1367 was introduced by Vance Edwards, title read by the
Clerk Mr i1iddaugh explained the reasons for this amendment and
referred to a handout provijed to rity Council that simplified and
clarified Section 2 of the agreemgnt
Motion by Vance Edwards for the adoption of Resolution 1367 with the
amended Section 2 as provided in the han~out, seconded by Mr fIasco,
c'3rried 8-0
Item 9
Resolution 1368 - approving amendments to an Intergovernmental
Agreement with Jefferson County, rity of Golden, Town of
Mountain View and the rity of Wheat Ridge, to utilize
community Development Block Grant Funds
ResollJtion
Clerk Mr
changes in
136~ was introduced by Vance Edwards, title read by the
Middaugh explained that this amendment was for technical
the agreement and he recommended approval
Motion by Vance Edwards for the adoption of Resolution 1368, seconded by
Mr FIasco, carried 8-0
Item 10 Bid Award for Picnic Tables
(Frui Ual e Park)
Motion by Phil ~jw3rds that 6 picnic tables be purchased from Alex
Rachak Recreation, Inc for the amount of $2,562 00 and that the cost be
charged to Acct No 32-bOl-862 I further move that 6 picnic table
frames and angle braces be purchased from E J Renner Recreation for the
amount of $942 00 and that the cost be charged to Acct No 32-601-862
I further move that 78 pieces of recycled plastic lumber be purchased
from rhurchich Recreation for the amount of $1,519 44 and that the cost
be charged to Acct No 32-601-862, seconded by Mr Eafanti, carried 7-1
with Mr Davis voting No
CITY COUNCIL MINUTES
September 27, 1993
Page -6-
Item 11. Bid Award for Fertilizer
Motion by Mr Selstad that the Chemical Fertilizer (MAPO Bid #009-92),
be awarded to Frontier Fertilizer in the amount of their bid of
$5,703 60, and that all cost be charged tu Acct No 01-603-660,
seconded by Phil Edwards, carried 7-1 with Mrs Brougham voting No
Mrs Brougham feels we should be using organic and envirJnmentally
friendly fertilizers, there are numerous ones on the market, they are
cheaper and not as harmful
Item 12 Bid Award for Trees
Motion by Phil Edwards that the City's right-of-way Tree Pruning and
Removal Program (RFB #93-26), be awarded to The Davev Tree Expert Co in
the amount of their bid of $9,244 05 and that all costs be charged to
Acct No 01-603-704 That the Private citizens' Tree Pruning and
Removal Program (RFB #93-26), be awarded to the lowest bid per tree in a
total amount not to exceed $13,814 00 and that all costs be charged to
the "Dead Tree Account" No 3U-603-866 That the Log/Debris Chipping,
(RFB #93-26), be awarded to Jensen Sales Company, dba Wood Recycling,
Inc for an amount not to exceed $9,000 00 and that all costs be charged
to the "Dead Tree Account" No 30-603-866 That the Stump Grinding &
Hourly Rates for Emergency Callouts, (RFB #93-26), be awarded to the
lowest rate bid per the available contractor and that all costs be
charged to the "Dead Tree Account" No 30-603-866 or Acct No
01-603-704 as appropriate for the work being done 1 further move that
the Stump Grinding & Hourly Rates for Emergency Call-Outs be approved
for the amounts budgeted in 1994, seconded by Mr Davis, Mrs Brougham
asked for a friendly amendment that the log chipping and stump grinding
hours be 8 00 to 4 30 or less This was accepted, carried 8-0
Item 13 Motion to accept preliminary quotations for 1994 property and
liability coverage insurance and worker's compensation coverage
from the Colorado Intergovernmental Risk Sharing Agency
Mr Middaugh explained that the quotation for property and liability
coverage is significantly less that what was paid in 1993 This is due
to a change in our deductible The 1994 quotation is $30,036 00
The worker's compensation coverage news is not quite as good, there will
be an increase of approximately $30,000 00, which will be approximately
$262,161 00 Our total cost for both insurances will drop for 1994
Motion by Mr Selstad that the City of Wheat Ridge accept the
prel iminary q1wtations for 1994 property ani liability coverage
insurance and worker's compensation coverage from the rolorado
Intergovernmental Risk Sharing Agency, seconded by Mr Hall, carried
(j-O
CITY COUNC(L MINUT~S
September 27, 1\j<}3
Page -7-
Item 14 Purchase of Traffic r:ontrollers
---
Mr Middaugh explained that the City has historically maintained two
spare traffic signal contrJllers The controllers are used to provide
emerg~ncy service to damaged or malfunctioning signal controllers on the
City's highway system The current inventorv has been used for 18W
installations and there are noD'~ aV3ilable for elOergency or back-up
service
Motion by Phil Erlwards that two traffic signal controllers be purchased
from Econolite in the amount of $3,495 00 each 1 further move that the
total cost )f the controllers, $6,9':30 00 be taken frJw Capital
Improvements Acct No 30-304-843, Traffic Signal Replacement, seconded
by Mr Eafanti, carried 0-0
Item 15 Bid Awari for Parking Lot Construction at 41st and ~ipling
Mr Middaugh explained that this parking lot WdS originally designed to
utilize a surface known as tJrf pavers, which would provide a rigid
surface as well as porous openings in which grass may be grown The bid
price for the turf paver parking lot is significantly more expensive
than an asphalt surface He recommended that Council pursue asphalt in
lieu of the turf pavers due to the significant cost differential
Motion by Mr FIasco that the Kipling Street Trail Head, Clear Creek
Trail, 4220 Kipling Street, RFB #93-24, be awarde:J to Urban Farmer in
the amount of their adjusted bid of $63,265 00 That a 1U%
contingency/force account in the amount of $6,327 00 be established
That the asphalt portion of the Kipling Street Trail Head Project, be
awarded to Brannan Sand and Gravel in the amount of their bid of
$11,151 00 That a 10% contingency/force account in the amount of
$1,115 00 be establIshed for the asphalt portion of the project That
$12,226 00 be transferred from the r:onservation Trust Fund Acct No
54-601-862 to the r:apital Fund Local Streets Overlay Acct No
30-303-884 That the Director of Parks & Recreation be authorized
to issue change orders up to the total contract and contingency amount
and that the total costs of this project of $81,858 00 be charged to
Acct No 54-601-86~ and Acct No 3U-303-884 as appropriate 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 Nr Eafanti
Mrs Brougham moved for a substitute motion that this be a gravel
parking lot similar to what we have at ~heat Rirlge Park, this will ~ot
be a heavily used parking lot, there is always a drainage problem when
you lay asphalt, she fears it will r~l 11rectly onto the trail and be a
hazard and be icy in Winter, this is a lot cheaper than asphalt Motion
died for la~k of second
Original Motion carried 7-1 with Mrs Brougham voting no
CITY COUNCIL MINUTES
September 27, 1993
Page -8-
Item 16 Executive Session regarding Service Road Reconstruction at 32nd
and Youngfieli
Motion by Mr FIasco to hold an Executive Session under Section
5 7(b)(1) of the Charter - Legal Consultation - to iiscuss the Service
Road Construction at 32ni and Youngfield, seconded by Phil Edwards,
carried 8-0
Executive Session was held.
Item 17 1992 Local Streets - Youngfield Service Road (RFB #93-22)
Motion by Mr Selstad that we waive testimony on this item, we reject
the bids that are pending, and we set a 90 day time frame for
negotieti'll to try to come to an amicable solution to this and that all
parties be involved in that negoti3tio~, seconded by Vance Edwards,
carried 7-1 with Mr FIasco voting no
CITY ADMINISTRATOR'S MATTERS
Robert Middaugh will prepare synopsis U1 r:AP meetings and distribute to
Council, will also prepare a list of recommendations based on staff
thoughts and comments and comments picked up at the town meetings, this
will come back to Council at the first meeting in October
CITY ATTORNEY'S MATTERS
Kathryn Schroeder was notified today that EZ Pawn has filed a lawsuit
against the City
ELECTED OFFICIALS' MATTERS
* Tony FIasco asked for consensus that the City Administrator prepare a
written report on Campaign Signs and distribute it to City Council
Consensus was 5-3
Elise Brougham about the re-alignment of Field Street, Mr Goebel
replied that the bids are extremely high, they will be brought to the
next Council meeting
Motion by Mr FIasco to adjourn, seconded by Phil Edwards, carried 8-0
Meeting adjourned at 10 40 p m
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APPROVED BY CITf CUUNCIL ON OCTUBER 11, 1993 BY A VOT~ OF ~ Tu L'
~~__k~)\~__~_~5:~~~'- ('-~\~\ \
Ron Selstad, Council President
this was actually an investigation on Mr Vance Edwards
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- - ,If L.,I-L - o_le
regarding Campalgn Slgns~-
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