HomeMy WebLinkAbout11/09/1992 November 9, 1992 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO The City rouncil Meetin~ was called to order by the Mayor at 7 30 p m Council members present Elise Brougham, Kent Davis, Don Eafanti, Phil Edwards, Vance Edwards, Tony FIasco, Ron Selstad, and Bill Shanley Also present City Clerk, Wanda Sang, City Administrator, Robert Middaug~, rity Attorney, John Hayes, Director of Planning, Glen Gidley, Director of Parks, Gary Wardle, Director of Public Works, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of October 26, 1992 Motion by hr Eafanti for the approval of the Minutes of October 26, 1992, seconcded by tvlr Shanley, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Winger presented Certificate of Championship Recognition to Ryan Lutz, Wheat Ridge Class 5A/1A State No 2 Singles Tennis Champion and read it into the record Mayor Winger administered the Oath of Office to Don Petty, Personnel Commissioner CITIZENS' RIGHTS TO SPEAK Moe Keller, 4325 Iris St formally introduced herself as t~e newly elected State Representative for House District 24, Wheat Ridge and informed Council that s~e would be available for any and all City concerns and offered her cooperation Bill Nicholas, 19bO S Xanadu Way, Aurora, introduced himself as the Manager of Government and Public Affairs for TCI of rolorado LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item Application for a new rlass G - Hotel & Restaurant Liquor License with Extended Hours for MPR Enterprises, dba Michelli's Italian Restaurant, 3244 Youngfield Street, Unit u, Wheat Ridge, Colorado Alan Dill, Attorney representing t~e applicant, called as nejg~bor~ood representative Paula Hargrave, 3224 Jellison St , who was sworn in by the Mayor and spoke in favor of approval of the application CITY ClJUNCIL MINUTES November 9, 1992 Page -2- Margaret Curran, 2208 S Hiwan, Evergreen, applicant, was sworn in by the Mayor, gave ~er business background in the restaurant business, and stated that her business had never had a liquor violation Motion by Mr FIasco to approve the application for a new rlass G _ Hotel & Restaurant Liquor License with extended hours, for MPR Enterprises rorp, iba Michelli's Italian Restaurant, 3244 Youngfield Street, Unit G, Wheat Ri1ge, rolorado, for the following reasons (1) All application1 and fees requirei by statute have been filed and paid, (2) Notice of hearing and posting of the premises ~ave been accomplished accoriing to statutorv requirements, (3) T~e applicants will be entitled to occupancy of the premises by virtue of a signed lease dated July 1, 1992, (4) T~e applicants have been cleared by the Police Department, (5) The evidence adduced at the Public Hearing on November 9, 1992 established that the desires of the resiients of t~e neighborhood under consideration are for granting this license, as eviienced by petitions bearing 89 signatures in favor of issuance, 14 signatures in opposition and no signatures evidencing no opinion and that issuance of this license is consistent with the needs of t~e neighborhood unier consideration, seconded by Mr Eafanti, carried 8-0 Item 2 Application for Transfer of Ownership Jr , dba Paramount Pharmacy, 10041 W to Paramount Pharmacy, Inc from Thomas H Harkness, 26th Avenue, Wheat Ridge, George K Baxter, 760 S 44th Street, Boulder, applicant, was sworn in by t~e Mayor and asked for approval of his application Motion by Vance Edwards to approve the Transfer of Ownership from Thomas H Harkness, dba Paramount Pharmacy, 10041 W 26t~ Avenue, Wheat Ridge, to Paramount Pharmacy, Inc for the following reasons (1) All applications and fees required by statute have been filed and paid, (2) The applicants will be entitled to occupancy of the premises by virtue of a signed lease dated September 1,1992, (3) The applicants have been cleared by the Police Department, seconded by Mr Davis, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 3 Public Hearing on 1993 Budget There was no one present to speak Motion by Mr FIasco to continue the public hearing until we have all the input, seconded by Vance Edwards and carried 8-0 rITY r.OUNCIL MINUTES Noveffiber 9, 199~ Page -3- ORDINANCES ON FIRST READING Item 4 r.ouncil Bill 26 - An Ordinance re~ealing and reenacting Section 22-91 ani Section 22-93 of r.hapter 22, Article II of the Code of the City of Wheat Ridge, Coloraio, pertaining to Taxation of Telephone Exchanges Council Bill 26 was introduced by Phil Edwards on first reading, title read by the r.lerk Motion by Phil Edwaris that rouncil Bill 26 be approved on first reading, ordered published, public hearing be set for Monday, December 14, 1992 at 7 30 p m in r.ity r.ouncil Chambers, Municipal Blig , and if approvei on second reading, take effect January 1, 1993, seconded by Mr Davis, carriei 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 5 Resolution 1318 - accepting petitions calling for an election to ameni t~e Home Rule r.harter of the City of Wheat Ridge, calling said Special Election for February 2,1993, and establishing the Ballot Title therefore (Postponed from October 26, 1992) Resolution 1318 was introducei by Vance Edwards, title read by t~e Clerk Nancy Snow, 11155 W 40th Avenue, was sworn in by the Mayor She asked on behalf of the many citizens who had signed the petitions to call an election on this issue She had assumei that this was a cut and dried issue, but ~ad been hearing rumors lately that disturbed her Please hold the election as the law requires Arie Verrips, 15 Hillside Drive, was sworn in by t~e Mayor and pointed out that the Wheat Riige Home Rule Charter does not speak to the 30 day protest period He realizes that the rlerk was alvised by t~e Gity Attorney to go by State law and that the 30 day protest period was used In spite of that, he and some other people checkei all 987 signatures and found that 130 were improper Since 864 signatures were needed, that technically leaves t~e petitions 7 signatures short He wondered about the wording "General Assembly" in the petition, that should have been "Gity r.ouncil" He feels if this is passed, it will be ruled unconstitutional Louise Turner, 11256 W 38th Avenue, was sworn in by the Mayor She explained that a ruling was made by a judge on a previous challenge, that when somet~ing is not covered in the Gharter, State law comes in That is ~ow the 3U lays protest perioi is addressed SITY CuUNCIL MINUTES Novelliber 9. 1992 Page -4- City Attorney, John Hayes. explained that the hierarc~y for considering matters in the City of W~eat Ridge is very simple and very clear First, the Constitution of the State of Colorado, secondly t~e Home Rule Sharter of t~e City of Wheat Ridge, t~ird is any Ordinance adopted by the City Council, and fourth and last is any State law in the event that there is not any rharter provi~ion or an Ordinance on the r~arter provision According to our Home Rule Charter the Council has no choice but to hold an election on t~is is~ue wit~in 180 days of adopting this Resolution He believes Council has no authority nor discretion other than to set an election date He questioned ramifications regarding the Bruce Amendment that had passed, that called for elections to be held only in November He felt, t~at this spoke only to tax elections and did not address this election Motion by Vance Edwards for t~e adoption of Resolution 1318, seconded by Mrs Brougham Motion by Mr FIasco to amend the motion to change the election date from February 2, 1993 to May 4, 1993, seconded by Phil Edwards, faiJed 4-4 with Councilmembers Phil Edwards, Davis, ShanJey and FIasco voting yes Mayor Winger broke the tie by voting yes Motion carried 5-4 Mr Davis called for t~e question, carried 6-2 with Phil Edwards and Mr Eafanti voting no Vote on original motion as amended carried 6-2 wit~ Mr Davis and Mr Shanley voting no Item 6 Park Names Mr Middaugh explained that according to the City's Park Naming Policy, the Parks Department had advertised for interested persons to submit park names for the Mugele Open Space property Five names were submitted and the Parks Commission unanimously voted to present t~e name "Fruitdale Park" to City rouncil They also submitted a list of names for greenbelt access points and trail-~eads City Clerk, Wanda Sang, read a letter from Janice Thompson into the record, w~ic~ supports t~e name of "Fruitdale Park" for the Mugele property Motion by Phil Edwards that the park at 4700 Miller Street be named Fruitdale Park I further move t~e attached list of names for the access point1 and trail-head on the Clear rreek Greenbelt Trail be approved, seconded by Vance Edwards, carried 8-0 Item 7 Appropriation of Fund Balance in Capital Improvement Fund Resolution 1320 - amending the City of Wheat Annual Budget for t~e Fiscal Year of 199~ Resolution 1320 wa~ introduced uy Vance Edwards, title read by the Clerk Motion by Vance Edwards for the adoption of Resolution 1320, seconded by Mr Selstad, carried 7-1 with Mr FIasco voting no CITY rOUNCIL MINUTES November 9. 1992 Page -5- Item 8 Miscellaneous Lrainage Impruvement Project (Teller St ) Mr Mildaugh gave the background on the reasons for this drainage improvement project and recommended approval Public works Director. Bob Goebel, answered Council's 4uestions Judy Childers, 3700 Teller Street, Apt 2, was sworn in by the Mayor, she feels the drainage system, as it is right now, is a mistake She was concerned about the ice forming this Winter on Teller Street and asked that the problem be taken care of Bea Slingsby, 3710 Teller Street, was sworn in by t~e Mayor and stated that the water draining from the Ficco property is causing quite a problem on Teller Street and asked that it be taken care of Rita Richardson. 3745 Teller Street, was sworn in by the Mayor, she is at t~e bottom of the hill and her property gets t~e bulk of the water Mark Schingle, owns property at 7200 W 38th Avenue, was sworn in by the Mayor T~is drainage is a real problerrJ, the water is right at ~is property and forms a pond, he is afraid it might undermine ~is parking lot, water is smelly and just stagnates If we get heavy rains or snow. t~e water will stan1 on ~is parking lot and cause a lot of problems Motion by Mr Shanley to approve the 1992 Miscellaneous Drainage Improvement Project (RFB #92-42), Project Number D-MISC 02-92 be awarded to New uesign Construction ro in the amount of their bid of $43,272 00 I further move that a contingency/force account of 10% in t~e amount of $4,372 00 be established I further move that a maximum amount of 2% of the bid amount $866 00 be allocated for payment of any early completion of the project I further move that the Director of Public Works be authorized to issue change orders up to the total contract and contingency amount of $47.599 00 and that all costs associated with this project be charged to Account Number 30-302-833 I further move that the $49,000 00 be transferred from Unallocated Capital Improvement Account Number 30-607-795 to Account Number 30-302-833 I furt~er move that the funds be encumbered for the length of the project whic~ expressly allows the expenditure of funds in 1993 for this project in accordance wit~ Or1inance #787, 1989 Series, seconded by Vance Edwards Mr cost Motion FIasco moved to Motion-maker carried 7-1, amend the Motion to ~ave the City bear the entire and Second accepted this as a friendly amendment with Mrs Brougham voting no Item 9 Appropriation of Funds for Street Lighting Motion by Vance Edwards to approve that $60,000 00 be transferred from Unallocatel Fund Balance Account Number 01-607-795 to Street Maintenance Street Lighting Utilities Account Number 01-303-761, seconded by Mr Eafanti, carried 7-1 with Mr Flasco voting no CITY COUW'IL MEETING November 9, 1992 Page -6- Item 10 Alley Paving Program Expenditure Motion by Vance Edward~ to approve that the City's Public Works Department be authorized to expend $2,956 67 for paving alleys near 28th Avenue and Eaton Street in cooperation with the private pruperty owner, seconded by ~lr Selstad, carried 7-1, with Mr Davis voting no Item 11 Engine Block Replacement Motion by Mr Shanley to approve that the replacement engine block for Unit 335 be purChased from Industrial Power Systems Inc for the amount of their total price of $3,231 26 and that all costs be charged to Account Number 01-305-662, seconded by Mr Eafanti, carried 8-0 Item 12 Recreation Fees Policy Motion by Mr Shanley to approve the Policy for Recreation Program Fees revised October 1992, seconded by Mr Davis, carried 7-2 wit~ Vance Edwards and Mr FIasco voting no Item 13 Discussion of W 38t~ Ave Undergrounding Mr Middaugh presente1 various options for City Council's con~ideration, which are outlined in his memo in the Agenda packet Lee Hill, Public Service Company of Colorado, 5460 W 60th Avenue, Arvada, was sworn in by the Mayor He stated that Public Service is committed to helping with this project in whatever the rity decided to do Annette Mulholland, 3830 Holland Street, was sworn in by the Mayor She stated that the under-grounding would look great, but the cost is too high and we can do without it Residents in her neighborhood would not support a bond to pay the cost for under-grounding There are other things Wheat Ridge needs more quickly than t~is City Clerk read a Resolution from the Planning Commission into the record, which urges Council to go with under-grounding whenever humanly possible Motion by Mr Davis that we ~tay status quo at this point, do not do any more under-grounding until the funds are available with our 1% from Public Service, seconded by Mrs Brougham, carried 8-0 CITY ADMINISTRATOR'S MATTERS Robert Middaugh passed out a letter from TrI indicating their intent of acquiring our Cable Televi1ion systeffi from American Cable Television He asked if rouncil wanted to discuss this matter during a Study Session Consensus was 8-0 to bring t~is to the next available Study Session Consensus was 8-0 to set the date after the first of t~e year CITY COUNCIL MINUTES November 9, 1992 Page -7- ronsensus was 7-1 to hold a Special Meeting on November 16, 1992 at 7 30 p m Consensus was 8-0 to discuss proposed changej work ~ours in rity Hall at the November 16 Special Meeting CITY ATTORNEY'S MATTERS City Attorney, John Hayes, referred to his insert in the Agenda packet concerning La Quinta Motor Inns and asked Council to approve the Consent of Issuer This will be of no cost to t~e City and is merely a formality Motion by Mr Shanley that the Consent of Issuer regarding La Quinta Motor Inns, Inc , be approved and that the Mayor be authorized to sign t~e ronsent of Issuer, seconded by Phil Edwards, carried 7-1 with Mr FIasco voting no Mr Hayes distributed copies of Amendment 1 to Council He asked if Council wanted an Ordinance drafted regarding petitions Consensus was 6-2 to have this done ELECTED OFFICIALS' MATTERS Elise Brougham requested that staff look into more cost efficient lighting She asked t~at Ms Haddock look into procedures for elections and Mr Middaugh bring t~at up at CML She moved that a Resolution be passed to have Mr Hayes look into Articles 5, 10, and 20 of the State Constitution, seconded by Mr FIasco, carried 8-0 Motion by Mrs Broug~am to go past 11 00 pm, seconded by Mr FIasco, carried 7-1 with Mr Davis voting no Tony FIasco once again requested that things not be passed around during rouncil meetings Either have items placed in packet, or don't give them to us Bill Shanley asked for Consensus that at our next Council meeting Wheat Ridge's joining of the Greater Metro Cable ronsortium be brought up again No consensus was reac~ed Motion by Mr Shanley for adjournment, seconded by Mr Davis, carried 8-0 Meeting a:ijourn'1Ji at 11 15 p m ~tcL'L.""-1 t," Wanda Sang, City~ APPROVED BY JTY COUNCIL ON NOVEMBER ___~~ ~<~d__________ Kent Davis, Council President 23, 1992 BY A VOTE OF 7 TO o