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