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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
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