Loading...
HomeMy WebLinkAbout06/10/1991 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO June 1~991 The City Coun~il Meeting was ~allen to order by the Hayor at 7 30 p m Coun0ilmembers present Elise Brougl-Jam, Kent Davis, Don Eafanti, Phil Edwards, Tony FIasco, Ron Selstad, and Bill Shanley Also present City Clerk, Wanda Sang, City Treasurer, Jim Malone, City Administrator, Mike Smith, City Attorney, Jol-Jn Hayes, Dire~tor of Planning & Development, Glen Gidley, Director of Parks & Recreation, Gary Wardle, staff, and interested ~itizens Councilmember Larry Merkl arrived at 7 40 p m APPROVAL OF MINUTES of May 20, 1991 Motion by Mr Eafanti for the approval of the Minutes of May 20, 1991, seconded by Mr Davis, ~arried 7-0 APPROVAL OF MINUTES OF SPECIAL MEETING of May 23, 1991 Motion by Mr Eafanti for the approval of the Minutes of May 23, 1~91, seconded by Mrs Brougham, carried 7-0 CITIZENS' RIGHTS TO SPEAK Lloyd Pascal, 5055 Tabor Street, and Robert Williams, 5075 Tabor Street, spoke regarding problems witl-J tl-Je Lakemont Driving Range Floyd Youngblood, representing the Lakemont Driving Range, was present and stated that he had been in contact with the above parties and that if there were further problems to conta0t him Fred Walker, 3665 Everett Street, was present in regarn to the Panorama Park tennis courts Mr Walker's group had to leave because of a scheduled tennis instruction class Thomas M Slattery, 6869 W 32nd Avenue, read into tl-Je record a Resolution by tl-Je WI-Jeat Ridge United Neighborhoods on the Charter amendments LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Appli~ation for a new Class G - !lotel & Restaurant Liquor License with extended hours for CDS Investments, Inc , oba "Jocks Sport Saloon", 10051 1-70 Frontage Road North, Wheat Ridge, Colorado Appli0ant Claire Stehle, 14040 ~est 58th Avenue, Arvada was sworn in by the Mayor ann asked for approval of this li~ense CITY COUNCIL MINUTES June 10, 1991 Page -2- Motion by Mr Shanley to approve the application for a new Class G - Hotel & Restaurant Liquor License with Extended Hours for l D S Investments, Inc , dba "Jocks Sport Saloon", 10051 I-70 Frontage Road North, Wheat Ridge, Colorado for the following reasons 1 All applications and fees required by statute have been filed and paid, 2 Notice of I-Jearing and posting of the premises have been accomplished according to statutory requirements, 3 TI-Je applicants will be entitled to occupancy of the premises by virtue of a signed lease dated April 11, 1991, 4 The applicants have been cleared by the Police Department, 5 The evidence adduced at the Public Hearing on June 10, 1991 established that tl-Je desires of tl-Je residents of the neighborhood under consideration are for granting this license, as evidenced by petitions bearing ---2~ signatures in favor of issuance ---11-- signatures in opposition, and ---21-- signatures evidencing no opinion and that the issuance of this license is consistent with the needs of' the neighborhood under consideration, seconded by Mr Edwards, carried 8-0 Item 2 Application for a Transfer of Ownership for Cugino's Italian Restaurant, 5809 W 38th Avenue to Linda and Troy Hubbard, dba "Nuova Cugino's" Applicants Linda Hubbard and Troy Hubbard, 6348 Lowell, Denver were present and sworn in by the Mayor TI-Jey answered the City Attorney's questions Motion by Mr Farrell, dba Hubbard, dba Colorado for Merkl to approve the Transfer of Ownersl-Jip from Michael V Cugino's Italian Restaurant to Linda J and Troy D "Nuova Cuginos's", 5807 ~ 38th Avenue, Wheat Ridge, the following reasons 1 All applications and fees required by statute I-Jave been filed and paid, 2 TI-Je applicants will be entitled to occupancy of the premises by virtue of a signed lease dated April 17, 1991, 3 TI-Je applicants have been cleared by the Police Department, seconded by Mr FIasco, carried 8-0 Item 3 Motion to set a 1-mile radius for a liquor survey for Cono-Services, dba Conoco #06431, 47~0 Kipling Street Motion by Mr Shanley that the neighborhood be set at a 1-mile radius, that a survey to establisl-J the needs and desires of the neighborhood be taken, and the public hearing on this application be held on July 22, 1991, and this is in relation to the application for a new Class J-1 3 2% Beer Retail License from Cono-Services, Inc , dba Conoco #06431 4750 Kipling Street seconded by Mr Merkl, carried 8-0 CITY COUNCIL MINUTES June 10, 1991 Page -3- Motion by Mr Davis for the aooition to the Agenda Coun~il 8ills #94, #95 ann #96 These are three housekeeping re~ommendations from the Charter Commission ann will be unoer Oroinan~es on First Reaoing seconoed by Mr Shanley, ~arried 8-0 Item 4 Publi~ input for 199c City Budget There was no one present to speak Item 5 Council Bill 88 - An Ordinance amendinb tl-Je Code of Laws of the City of ~I-Jeat Ridge by adding an Article IV, wheat Ridge Employee Medical Care Expense Fund Enabling Act, to CI-Japter 2 of the City's Cooe of Laws, thereby establishing the wheat Ridge Employee Medical Care Expense Fund ana providing for the funding, and maintenan~e and administration thereof Council Bill 88 was introdu~ed by Mr Shanley, title read by tl-Je Clerk, Ordinance No 8b3 assigned Motion by Mr Shanley that Coun~il Bill 88, Ordinance 863, be passed on se~ond reading, ordered published to take effect 15 days after final publi~ation I further move that tl-Je City Treasurer establish a new fund for this program ano that $100,000 be transferred from Account #01-607-789 to this new fund, seconded by Mr Merkl Discussion followed Motion by Mr Flas~o for an amendment to remove the $6,000 interest for the first year and have that go ba~k to the General Fund Motion failed for la~k of se~ond Motion by Mrs Brougham to amend Se~tion 2-76 to change the date of January 1, 1991 to July 1, 1991, seconded by Mr Merkl, carried 8-0 Motion by Mrs Brougl-Jam to amend Se~tion Limited, under c , to ~hange the word on "accepted" to "excepted", se~onded by Mr 2-b6 Liability of Trustees the part of the Trustees Merkl, ~arried 8-0 Motion by Mrs Brougham that in Section 2-84, p , to delete the words "upon request", se~onded by Mr Flas0o, ~arried 8-0 Motion by Mrs Brougham to add a "t" to Section 2-84 Powers and Duties of Trustees, "to re~eive input and suggestions from elibible employees regarding changes and or additions to the plan, and to study their feasibility and a~t upon these recommendations", se~onded by Mr Davis, carried 8-0 Dis~ussion followed Vote on original Motion with amendments failed 3-5 with Coun~ilmembers Eowards, Shanley and Merkl voting Yes CITY COUNCIL MINUTES June 10, 1991 Page -4- Item 6 Application by Karl Hartung for approval of a two-lot minor subdivision for property lo~ated at 3978 Harlan Street (Case No MS-91-2) Mr Davis introdu~ed this item answered Coun~il's questions Mr Gidley presented the Case and Applicant Karl Hartung, 7255 Quartz Street, Golden CU, was present and sworn in by the Mayor Mr Hartung explained the parking for duplex and answered Council's questions Motion by Mrs Brougham that the request for approval of a two-lot minor subdivision for property located at 3978 Harlan Street be approved for the following reasons The property is within the City of Wheat Ridge, and all notification and posting requirements I-Jave been met, therefore, there is jurisdiction to hear this case 2 All agencies can provide servi~e to the property 3 All requirements of the subdivision regulations have been met seconded by Mr Flas~o, carried 8-u Item 7 Council Bill 89 - An Ordinance initiating an amendment to Se~tion 3 2 of the Home Rule Charter of the City of Wheat Ridge and submitting tl-Je same to the registered electors of the City at the regular muni~ipal election of November 5, 1991 Council Bill 89 was introdu~ed by Mr Edwards on first reading, title read by Clerk Motion by Mr Edwards that Council Sill 89 be approved on first reading, ordered published, public hearing be set for Monday, June 24, 1991 at 7 30 p m in City Coun~il Chambers, Muni~ipal bldg , and if approved on second reading, take effect one day after final publication, seconded by Mr Merkl l'irs Brougham amends the Motion that after the third "Whereas" insert another "~hereas tl-Je City Council has amended tl-Je Task For~e recommendations" Motion failed for lack of second l'iotion by Mrs Brougham to have the se~ond reading on these Council Bills on July 8, 1991, seconded by Mr Selstad, failed 3-5 with Councilmembers Brougham, Selstad and Eafanti voting Yes Motion by Mr Selstad for an amendment to go back to the original wording "in the event ot a tie vote of City Coun~il the Mayor can vote solely on matters involving rezoning, sub-division approval, special and conditional use permits, the Mayor may but is not obligated to cast a tie-breaking vote on ordinances, resolutions or motions, seconded by Mrs Brougl-Jam, failed 3-5 with Coun~ilmembers Merkl, Brougham and Selstad voting Yes CITY COUNCIL MINUTES June 10, 1991 Page -5- Vote on original motion carried 6-2 with Mrs Brougham and Mr Selstad voting No Item 8 Council Bill 90 - An Ordinance initiating an amendment to Sections 3 1 and 4 4 of the Home Rule Charter of the City of Wheat Ridge and submitting the same to the registered electors of the City at the rebular municipal election of November 5, 1991 Council Bill 90 was introduced by Mr Shanley on first reading, title read by the Clerk Motion by Mr Shanley that Council Bill 9U be approved on first reading, ordered published, public hearing be set for Monday, June 24,1991 at 7 30 pm in City Council Chambers, l'tunicipal Bldg , and if approved on second reading, take effect one day after final publication, seconded by Mr Merkl Mrs Brougham amends this ordinance by adding after the third "~hereas", "Whereas the City Council has received and reviewed the Task Force recommendations and has amended said recommendations", seconded by Mr Selstad, failed 2-6 with Mrs Brougham and Mr Selstad voting Yes Vote on original motion carried 6-2 with Mrs Brougham and Mr Selstad voting No Item 9 Council Bill 91 - An Ordinance initiating an amendment to Sections 3 1, 3 7, 3 9, 4 3(b) and 4 4 of the Howe Rule Charter of tl-Je City of ~heat Ridge and submitting the same to the r~istered electors of the City at the regular municipal election of November 5, 1991 Council llill 91 was introduced by Mr Shanley on first reading, title read by the Clerk Motion by Mr Shanley that Council bill 91 be approved on first reading, ordered published, public hearing be set for Monday, June 24,1991 at 730 pm in City Council Chambers, Municipal Sldg , and if approved on second reading take effect one day after final publication, seconded by Mr Davis Mrs Brougham moved to amend this Ordinance that after the third "Whereas" add "Whereas the City Council has created tl-Jeir own recommendation", seconded by Mr Selstad, failed 2-6 with Mrs Brougham and Mr Selstad voting Yes Vote on original motion carried 6-2 with Mrs Brougham and Mr Selstad voting No Item 1U Council Bill 92 - An Ordinance initiating an amendment to Sections 3 2, 3 4, 3 5, 3 6 and 4 9 of the Home Rule Charter of the City of Wheat Ridge and submitting the same to the registered electors of the City at the regular municipal election of November 5, 1991 CITY COUNCIL MINUTES June 10, 1S191 Page -6- Council Bill 92 was introduced by Mr FIasco on first reading, title read by the Clerk Motion by Mr FIasco that Council Bill SI~ be approved on first reading, ordered published, publiC hearing be set for Monday, June 24,1991 at 730 pm in City Council Chambers, Municipal Bldg , and if approved on second reading, take ef'fect one day after final publication, seconded by Mr Edwards Mrs Brougham amends tl-Jis "Whereas the City Council follows " seconded by Mr Selstad voting Yes ordinance that after tl-Je third "Whereas" add has presented their own recommendation as Selstad, failed 2-6 with Mrs Brougham and Mr Vote on original motion carried 5-3 with Councilmembers Shanley, Selstad and Davis voting No Mayor Wilde requested that at this time Council Bill 94, 95 and 96 be introduced Item 11 Council Bill 94 - An Ordinance initiating an amendment to Sections 2 7,4 4, 15 6(a), 16 l1Ch), 3 4(b), 11 1, and 12 9(b) of the Home Rule Charter of the City of ~heat Ridge and submitting the same to the registered electors of the City at tl-Je regular municipal election of November 5, 1991 Section 2 states "The Ballot Title shall read as follows "Shall the following sections of the Home Rule Charter of the City of Wheat Ridge be amended so that the wording of the various provisions shall more accurately refect the original intent of tl-Je Charter as originally adopted and as implemented and construed since 1978, and so as to be consistent with changes to tl-Je Constitution of the State of Colorado approved since that date a In sections 2 7,44,15 6(a) and lb 11(h), change the words "qualified elector" and "elector" to "registered elector", b In section 3 4(b) add provisions to clarify that department heads serve "at tl-Je will" of the City Administrator, c In section 11 1, clarify that City Council may, by ordinance, impose taxes, but no rate of sales tax may be increased unless tl-Je same is approved by the electors at a regular or special election, d In section 12 9(b), add language to clarify that Council may provide for the payment for lease-purchases "at their discretion" from any available city revenues?" Council Bill 94 was introduced by Mr Davis on first reading, title and ballot title were read by the clerk Motion by Mr Davis that Council Bill 94 be approved on first reading, ordered published, public hearing CITY COUNCIL MINUTES June 10,1991 Pabe -7- be set for Monday, June 24, 1991 at 7 30 p m in City Counril Chambers, Municipal Bldg , and if approved on second reading take effect one day after final publication, seronded by Mr Eafanti, rarried 8-0 Item 12 Counril Bill 95 - Ordinance initiating an amendment to Section 4 4(a) of tl-Je Home Rule Charter of the City of Wheat Ridge and submitting the same to the registered electors of the City at the regular municipal election of November 5, 1991 Section 2 The Ballot Title shall read as follows "Shall section 4 4(a) - Qualifications of City Counril - of the Home Rule Charter of the City of Wheat Ridge be amended by adding a provision requiring that before any person may be elected to City Council, that person shall have been a resident of the District from whicl-J (s)he is elected for twelve (12) consecutive months immediately preceding the date of the elertion?" Council Bill 95 was introduced by Mr Davis on first reading, title and ballot title were read by the Clerk Motion by Mr Davis that Council Bill 95 be approved on first reading, ordered published, public hearing to be set for ~1onday June 24, 1991 at 7 30 p m in City Counril Chambers, Municipal Bldg , and if approved on second reading take effect one day after final publiration, seconded by Mrs Brougham, carried 8-0 Item 13 Council Bill 96 - Ordinance initiating an amendment to Section 10 12 of the Home Rule Charter of the City of Wheat Ridge and submitting the same to the registered electors of the City at the regular muniripal elertion of November 5, 1991 Section 2 The Ballot Title shall read as follows "Shall section 10 12 - Amendments After Adoption of the Home Rule Charter of the City of ~heat Ridge be amended by adding a new subsertion 10 12(f) - No Contrart to Exceed Appropriation - to provide that no rity funds shall be expended on any city contrart or bid in exress of tl-Je amount appropriated therefore by the City Counril?" Counril Bill 96 was introduced by Mr Davis on first reading, title and ballot title were read by the Clerk Motion by Mr Davis tl-Jat Council Bill 96 be approved on first reading, ordered published, public hearing to be set for Monday, June 24,1991 at 7 30 pm in City Counril Chambers, Muniripal Bldg , and if approved on second reading take effect one day after final publication, seronded by Mr Merkl, carried 8-0 Item 14 Counril Bill 93 - An Ordinance providing for the approval of rezoning from Commercial-One to Commercial-Two on land located at 6285 ~est 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No ~Z-91-2) (Berniece Major) CITY COUNCIL MINUTES June 10, 1991 Page -8- Council Bill 93 was introduced by Mr Eafanti, title read by the Clerk Motion by Mr Eafanti that Council Bill 93 be approved on first reading, ordered published, public hearing to be set for Monday, July 8,1991 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading take effect 15 days after final publication, seconded by Mr Selstad, carried 8-0 Item 15 Resolution 1254 - authorizing the City Treasurer to invest city funds in the Investment Trust of Colorado, a Colorado Surplus Moneys Pool ("ITC") Resolution 1254 was introduced by Mr Herkl, title read by the Clerk Motion by Mr Merkl for the adoption of kesolution 1254, seconded by Mr FIasco, carried 8-0 Item 16 Contractual Sales/Use Tax Audits - 1991 Motion by Mr Merkl that $10,000 be transferred from the General Fund Unallocated account (01-607-795) into the Sales Tax Contractual Auditor account (01-115-704) for the purpose of cooJpleting scheduled corporate sales/use tax audits in 1991, seconded by Mr Shanley, carried 8-0 Item 17 1991 Budget Preparation Calendar Motion by Mr Shanley that the 1992 Budget Preparation Calendar be approved as written, seconded by Mr Davis Motion by Mr Selstad tl-Jat the final budget approval be held at the first regular council meeting after the election in November Mr Merkl asked for a friendly amendment to Mr Selstad's motion that budget meetings be held with the new city council before final budget approval Mr Selstad accepted this Vote on motion with amendment carried 6-2 with Mr Shanley and Mr Merkl voting No Vote on original motion carried 8-0 Item 18 Budget transfer request from Planning Department Motion by Mr Shanley that an amount of $lU,OOO be transferred from account #607-795 Unallocated Fund Balance, to account #121-617 Temporary Personnel, to allow the Planning and Zoning Division to continue work on the GIS System, seconded by Mr Merkl, carried b-2 with Mr FIasco and Mr Davis voting No Item 19 Sidewalk sweeping Motion by Mr Shanley tl-Jat $6,000 be transferred from account #01-607-795 unallocated into account #303-758 street maintenance rentals and leases for the purpose of renting equipment to sweep sidewalks, seconded by Mr Edwards, carried 5-3 with Councilmembers Merkl, FIasco and Selstad voting No CITY COUNCIL MINUTES June 10, 1991 Page -9- Item 20 Study Session -June 17, 1991 Motion by Mr Merkl that a study session be s~heduled on Monday, June 17, 1991 at 7 30 p m to discuss 1 Salary information 2 A Revisions to Sales and Use Tax Ordinance 1 Corre~ting problems with current ordinance, and 2 Updating to CML Model Code B Update on Sales and Use Tax Audit program seconded by Mr Edwards, Discussion followed Mr Merkl withdrew the original motion Motion July - voting by Mrs brougham that this meeting be held on the third Monday of July 15, 1991, seconded by f"ir Davis, carried 7-1 with f"lr Merkl No Item 21 Environmental geotechnical services for fuel contamination along 38th Avenue Motion by Mr Merkl that GTG Fox Environmental Services, Ltd , be authorized to begin environmental geotechnical exploration and testing along West 38th Avenue between Pierce Street and Sheridan Blvd and that all costs associated with this work be charged to Account #01-06-302, seconded by Mr FIasco, carried 8-0 CITY ADMINISTRATOR'S MATTERS Mike Smith referred to the Information Only item concerning records storage Mr Smitl-J explained that at some point, until a long term decision is made about this facility, we will have to look at off site storage A decision will need to be made at the time of the 1992 budget ELECTED OFFICIALS' MATTERS Bill Shanley commended the staff that spent so many I-Jours working on the employee insurance program Larry Merkl asked that further consideration be given to the self-funding insurance program Motion by Mr FIasco to postpone the subject of self-funding insurance until more information is obtained, seconded by Mr Davis, carried b-U Elise Brougham askeo for consensus that Mr ~ardle meet with Mr ~alker to work out the problem of scheduling at the tennis courts at Panorama Park Consensus was 2-6 with Mrs BrOUgham and Mr FIasco voting Yes CITY COUNCIL MINUTES June 10,1991 Page -10- Mr Flas~o commented on tl-Je possible lawsuit over the Two Forks ~ater Proje~t He also talked about DRCOG's ruling to approve or disapprove the metropolitan ~onne~tion from Five Points to the Auraria Campus The publi~ hearing on this is June 26, lY91 Mr Flas~o asked for Coun~il's input Motion by Mr Selstad to oppose tl-Je RID light rail connection from Five Points to Auraria Campus, se~onded by Mr Merkl, carried 8-0 Mr FIasco advised of I-Jis appointment for this next year to the Regional Air Quality Control Kent Davis asked what had been done to conta~t Bill Thornton He will try to ~ontact him while in Las Vegas, and feels he should be brought in, if necessary Mr Davis inquired as to what had been done about planters on 38th Avenue Mr Davis requested the City send a letter to U S West, tl-Je Post Offi~e, delivery systems, etc asking that they not park on the sidewalks on 44th Avenue Don Eafanti asked if anytl-Jing shrubbery at 35th and Moore regarding tl-Jis problem was being done about tl-Je ~roblem of John Oss will contact Mr Holthaus Mr Selstad asked about the request for a summary of the Carnation Festival expenses He would like to have this information Mr Edwards asked for consensus to put reconsideration of employee compensation on tl-Je July 1, 19Y1 study session Consensus was 2-b with Mr Merkl and Mr Edwards voting Yes Motion by Mr Merkl to adjourn, seconded by Mr Edwards, carried 8-0 tvieeting adjourned at 11 27 p m , J)o~"{( Wanda Sang, / cit"~ (Clerk APPROVED BY CITY COUNCIL ON JUNE 24, 1991 BY A VOTE OF 6 TO ~ ;?::: /hL""L Kent Davis, Council President