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Home My WebLink About12/18/1995 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building December 18. 1995 The Regular City Council was called to order by Mayor Wilde at 7 00 P m Councilmembers present: Teri Dalbec, Jerry DiTullio, Jean Fields, Janelle Shaver, Ken Siler, and Claudia Worth Don Eafanti was absent due to illness Tony Solano was absent, he became a father again. Mr Eafanti left votes. Also present: City Clerk, Wanda Sang, City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City Attorney, Gerald Dahl, Director of Parks & Recreation, Gary Wardle, Director of Planning, Glen Gidley; Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES of Special Meeting of November 20, 1995 Motion by Mr Solano for the approval of the Minutes of November 20, 1995 Special Meeting, seconded by Mrs Fields, carried 6-0 CITIZENS' RIGHT TO SPEAK Christie Getzelman asked City Council for a variance for her property; it is currently zoned restricted commercial and she was told she would have to rezone it to residential to get a building permit. Mrs Worth asked that the City Attorney look into this matter Teri Dalbec stated she was very concerned about Mr Eafanti being allowed to leave votes at the last meeting The Charter is very specific that a Councilmember must be present to vote She feels Mr Eafanti's votes should be rescinded. Motion by Mrs Dalbec that Mr Eafanti's votes at the last meeting were in violation of the Charter and that we rescind his votes, seconded by Mrs Shaver; carried 4-2 with Mr Siler and Mr DiTullio voting no Mr Siler and Mr DiTullio stated that it had been common practice in past years to leave sealed votes. Motion by Mrs Worth not to allow sealed votes tonight or in the future, seconded by Mrs Dalbec, carried 4-2 with Mr Siler and Mr DiTullio voting no Mr DiTullio feels this should be discussed at a Study Session first. Mr Siler feels this should be discussed when the full Council is present and not only six members. CITY COUNCIL MINUTES December 18, 1995 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Public Hearing to inform the community about the 1996 Community Development Block Grant Program and to solicit ideas and proposals Mr Gidley explained the Community Development Block Grant Program and how Wheat Ridge receives funds from that program Allen Feinstein and John Slothower from Jefferson County Housing Authority were present and answered questions about the program ORDINANCES ON FIRST READING Item 2. Council Bill 31 - An Ordinance providing for the approval of rezoning from Residential-Two and Residential-Three 0 Residential-Three with conditions on land located at 6650 West 33rd Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-95-16) (Troy Tomsick and Christine Fontane) Council Bill 31 was introduced on first reading by Mr DiTullio, title read by the Clerk. Mr DiTullio stated that he had discussed this case with a citizen and with Mr Gidley He asked if he should abstain from voting Mrs Fields was also contacted by this citizen and talked about it before she found out it was quasi-judicial Nobody objected to them voting Motion by Mr DiTullio that Council Bill 31 be approved on first reading, ordered published, public hearing be set for Monday, January 22, 1996 at 7'00 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mrs. Fields, carried 6-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. Resolution 1509 - A joint Resolution of the City of Wheat Ride, Colorado and the City of Arvada, Colorado, in support of a permanent facility for Red Rocks Community College at the Ridge Home property Resolution 1509 was introduced by Mrs Worth, who also read the title CITY COUNCIL MINUTES December 18, 1995 Page -3- Motion by Mrs Dalbec to table this until the next meeting in January because they have just tonight received the traffic analysis, seconded by Mr DiTullio, failed 2-4 with Mrs Dalbec and Mrs Shaver voting yes Motion by Mrs Worth for the approval of Resolution 1509, seconded by Mr Siler; carried 4-2 with Mrs Dalbec and Mrs Shaver voting no Mrs Shaver is not against the Community College, but she feels there are many unanswered questions by the City of Arvada, she would rather see us address our own Resolution and have that go to the Legislature Item 4. September 1995 Storm Damage update Motion by Mr Siler that the September 1995 Storm Damage Project be allocated an additional $72,750 and that all costs be charged to Acct. No 01-106-799 and the appropriate overtime account. That $72,750 be transferred from the General Fund, Fund Balance to Acct. No 01-106-799 or the appropriate overtime account. That the City Administrator be authorized to expend the necessary funds to complete this project up to $193,590 and initiate budget transfers to balance the accounts as necessary I further move that the funds be encumbered for the length of the Project, which expressly allows the expenditure of funds in 1996 for this Project in accordance with Ordinance #787, 1989 Series, seconded by Mrs Worth, carried 6-0 Item 5. RFB #95-30 - Municipal Building Lobby remodel Motion by Mrs Worth that the Municipal Building Lobby Remodel Project, (RFB #95-30) be awarded to Alley Construction, Inc in the amount of their bid of $83,064 That a contingency account in the amount of $8,300 be established That $33,000 be transferred from the Capital Improvement Fund Balance to Acct. No 30-610-811 That the City Administrator be authorized to issue change orders up to the total contract and contingency amount and that the total cost of this project of $91,364 be charged to the Capital Improvement Fund Acct. No 30-610-811, City Hall Improvements I further move that the funds be encumbered for the length of the Project, which expressly allows the expenditure of funds in 1996 for this Project in accordance with Ordinance #787, 1989 Series, seconded by Mr Siler; carried 6-0 CITY COUNCIL MINUTES December 18, 1995 Page -4- Item 6. Award of aerial photography project. Motion by Mrs Worth that Merrick and Company's proposal to provide digital orthophotographic services to the City be accepted and that the City enter into an agreement with Merrick and Company for provision of professional services in an amount not to exceed $163,011 That $16,000 be transferred from Capital Improvements Fund Balance to Capital Improvements Fund Acct. 30-304-800-863, Aerial Photography, and that all costs associated with this project be charged to the Aerial Photography account. That the funds be encumbered for the length of the project, which expressly allows the expenditure of funds in 1996 for this project in accordance with Ordinance #787, 1989 Series, seconded by Mr DiTullio, carried 6-0 Item 7. RFP #95-009 - Digital Document Imaging System Motion by Mr DiTullio that the purchase of the Digital Document Imaging System (RFP #95- 009) be awarded to Micrographic Supply, Inc in the amount of their proposal of $28,220 50 and that all costs be charged to the Computer Fund, Fund 59 That the funds be encumbered for the length of the project, which expressly allows the expenditure of funds in 1996 for this project in accordance with Ordinance #787, 1989 Series, seconded by Mrs Fields, carried 6-0 Item 8. Appointment of Election Commissioners Motion by Mr Siler that Isabel Abott and Pat Garrity be appointed as Election Commissioners for a term of two years beginning January 1, 1996, seconded by Mr DiTullio Mr DiTullio moved that the question be divided and the commissioners be voted on separately; seconded by Mrs Fields, carried 6-0 Motion by Mr Siler that Isabel Abott be appointed as Election Commissioner for a term of two years beginning January, 1996, seconded by Mr DiTullio, carried 6-0 Motion by Mr Siler that Pat Garrity be appointed as Election Commissioner for a term of two years beginning January 1, 1996, motion died for lack of second Motion by Mrs Dalbec that Kim Stewart be appointed as Election Commissioner; seconded by Mrs Worth, carried 5-1 with Mr Siler voting no Mr Siler feels this is a slap in the face of Mrs Garrity and he can't support something like this CITY COUNCIL MINUTES December 18, 1995 Page -5- Item 9. Appointment of City Attorney Motion by Mr Siler that the law firm, Gorsuch Kirgis, be designated as the City's attorney, with Jerry Dahl serving as the lead attorney for City legal affairs, seconded by Mrs Dalbec, carried 6-0 Item 10. Authorize refund for overpayment of use tax to Gerald H Phipps Motion by Mrs Worth that $33,29895 be reimbursed to Gerald H Phipps as an overpayment of use tax associated with the construction of the Lutheran Hospital emergency room and that said funds be paid from the General Fund fund balance and that the City's budget be amended accordingly; seconded by Mr DiTullio, carried 6-0 Item 11. New electrical service located in Anderson Park. Motion by Mrs Fields that the bid for a new electrical system in Anderson Park be awarded to B-B Electric in the amount of their low bid of $2,684 with all costs to be charged to Acct. No 01-606-799 That the funds be encumbered for the length of the project, which expressly allows the expenditure of funds in 1996 for this project in accordance with Ordinance #787, 1989 Series, seconded by Mr DiTullio, carried 6-0 Item 12. State Trail Grant application submittal Motion by Mrs Worth that the City apply for State Trails Grant to assist in the funding of the Greenbelt Trail Relocation Project in the amount of $150,000; seconded by Mrs Dalbec; carried 6-0 Item 13. ~((;j)iNJ@~INJJ ~(c51~INJiQ)#ilo A. Fleet Replacements for 1996 B Street Materials for 1996 C Dispatch Consoles for the Police addition and remodel D General Management Company ESTIP payment. E. Purchase of ARCCAD for AUTOCAD 12 F Request for payment for Wheat Ridge Middle School joint project. G Resolution 1510 - authorizing reimbursement from the City of Wheat Ridge's attributable share of the Jefferson County Open Space fund for Parks and Open Space CITY COUNCIL MINUTES December 18, 1995 Page -6- H Increase the appropriation in the Insurance Fund to provide funding for insurance related expenses I Resolution 1511 - amending Resolution 974, Series 1986, to appoint William Powell bact in the unavailability of James Malone with respect to COLOTRUST matters Motion by Mrs Worth for the adoption of the Consent Agenda, seconded by Mr DiTullio Mrs Dalbec asked that Items A.C E H I G be voted on separately Motion by Mrs Worth for the approval of Items D B F , seconded by Mr DiTullio, carried 6-0 A. Motion by Mrs. Worth for adoption of Item A., seconded by Mr Siler; carried 6-0 C Motion by Mrs Worth for adoption of Item C , seconded by Mr Siler; carried 5-1 with Mrs Dalbec voting no E Motion by Mrs. Dalbec that ARCCAD and ARCVIEW be purchased from Performance Curve in the amount of their written quote of $2,995 plus shipping costs of $10 and that this amount be charged to general fund Acct. No 59-117-755 I further move that the funds be encumbered into 1996, which expressly allows the expenditure of funds in 1996 for the purchase of the software in accordance with Ordinance #787, Series of 1989, seconded by Mr DiTullio, carried 6-0 G Motion by Mrs Dalbec for approval of Resolution 1510, seconded by Mrs Worth, carried 6-0 H Motion by Mrs. Dalbec to increase the appropriation in the Uninsured Losses Account (15-610-782) to $165,000 with funding coming from Fund Balance (15-580-589) and that the budget be amended accordingly; seconded by Mr DiTullio, carried 6-0 I Motion by Mrs Dalbec to adopt Resolution 1511, seconded by Mrs. Worth, carried 6-0 Item 14. Approval of Expenditure Items Motion by Mrs Worth for the adoption of Item 14, seconded by Mr DiTullio, carried 6-0 CITY COUNCIL MINUTES December 18, 1995 Page -7- CITY ADMINISTRATOR'S MATTERS Mr Middaugh asked Council to make several motions regarding the budget. Motion by Mrs Worth that line item 884 be recognized at approved budget of $690,000 and that $36,770 18 be authorized to be transferred from fund balance to miscellaneous drainage project with the understanding that it will be reimbursed from released encumbrances, seconded by Mr DiTullio, carried 6-0 11 :01 p.m. Motion by Mrs Worth to suspend the Rules and finish the Agenda, seconded by Mrs Fields, carried 6-0 The Board and Commission dinner will be held on Saturday, February 17, 1996 at 6'00 p m at the Arvada Center The theme will be a Luau CITY ATTORNEY'S MATTERS At Mr Dahl's suggestion, Mrs Worth moved that the City Clerk and the City Attorney bring in a Council Rule change at the next regular meeting to 6.2 to reflect what the Charter mandates in 59, seconded by Mrs. Dalbec, carried 5-1 with Mr Siler voting no Consensus was 6 in favor that Mr Dahl draft an Ordinance on first reading bringing the Wheat Ridge Code in compliance with a recent Supreme Court decision regarding Fair Housing. ELECTED OFFICIALS MA TIERS Jim Malone asked that Council make a decision how to handle the Sales Tax increment for the new Safeway Jerry DiTullio has requested an RFP for our legal publications, this will be brought in January; he also reported some graffiti Motion by Mr Siler to adjourn, seconded by Mrs Dalbec, carried 6-0 Meeting adjourned at 11 :26 p m --Motion by Mr Siler to postpone the Study Session, seconded by Mr DiTullio, carried 5-1 with Mrs. Dalbec voting no Meeting adjourned at 11 30 p m. J J'1 /../...l i.Lt-. _, ._"f")i."....,... .. Wanda Sang, City Clerk ' APPROVED BY CITY COUNCIL ON JANUARY 8,1995 BY A VOTE OF ~ TO o \\..\ ,( 1\ I l./t.. (,\ -\ ClaUdia Worth, Council President