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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 , I (I I .....J' J I. ( ,', / ,. _ ~ .,__r.'. '___' ...' '. {. r , Wan ?fa-S-ang~-f; it y' C i-erk--~------- 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 \.~"~"'--'-"-\. ,~_<.\.~'- ,-1_,- l_c-c:\ ') - - ,If L.,I-L - o_le regarding Campalgn Slgns~- *