HomeMy WebLinkAbout02/08/1993
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
February 8, 1993
The City rouncil Meeting was called to order by t~e Mayor at 7 30 p m
rouncilmembers present Elise Brougham, Kent Davis, Don Eafanti, Phil
Edwards, Vance Edwards, Tony Flasco, Ron Selstad, and Bill Shanley Also
present rity rlerk, ~anda Sang, rity Administrator, Robert Middaugh,
rity Attorney, Jo~n Hayes, rity Treasurer, Jim Malone, rhief of Police,
Jack Hurst, Director of Parks, Gary Wardle, Director of Public Works,
Bob Goebel, staff, and interested citizens
APPROVAL OF MINUTES of January 25, 1993
Motion by Mr Eafanti for the approval of the Minutes of January 25,
1993, seconded by Mr Selstad, carried 8-0
CITIZENS' RIGHT TO SPEAK
John Oss, representing Public Works Department, Mark Ruote, representing
the Farks and Recreation Department, Jack Prose, representing the
Planning and Development Department, Dave Goracke, representing t~e
Wheat Ridge Fraternal Order of Police, expressed their appreciation to
the rity Council for adopting the compensation plan
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1
Application for a new 3 2% Beer Retail License from Phillips
Retail Marketing rompany, dba Phillips 66, Station #27677, 9995
W 44th Avenue, hheat Ridge (l-mile radius only)
Motion by Mr Phil Edwards that the neighborhood be set at a 1-mile
radius within the rity limits of the rity of Wheat Ridge, that a survey
to establish the needs and desires of t~e neig~borhood be taken, and
that the public hearing on this application be held on Mondav, March 8,
1993, seconder! by Mr Eafanti, carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2
rouncil Bill 1 - An Ordinance amending t~e rode of Laws of the
rity of W~eat Ridge by creating t~e Wheat Rirlge Municipal rourt
Fund, w~ich shall provide victim and witness assistance
programs within the rity of Wheat Ridge, and providing for the
assessment of court costs and surcharges as t~e source of funds
for saij fund
rouncil 1 was introduced by Mr Davis on second reading, title read by
the rlerk, Ordinance No 918 assigned
Randy Davis, Presiding Judge of the ~heat Ridge Municipal rourt, was
present and gave background on victim outreach services
CITY rOUNrIL MINUTES
February 8,1993
Page -2-
Mary Ellen Jagel, 575 Union Blvd Lakewood, Victim Outreaeh Services,
was sworn in by the Mayor and explained the functions of this Board
Motion by Mr Davis for the adoption of Council Bill 1 lOrdinance 918),
seconded by Mr Eafanti Mr Selstad asked for a friendly amendment
that under Section Cd) be added that the rouncil be provided an annual
accounting for the expenditures of the fund This was accepted bv
motion-maker and second Motion carried 7-1 with Mr Flasco voting No
Mr Flasco feels the $5 00 is exces~ive for people with a minor traffic
violation, this comes under the spending cap because we are more than
doubling the contribution
Item 3
rouncil Bill 2 - An Ordinance repealing Section 7 of Ordinance
No 642, Series of 1985 and amending Section 5-41 of the rode
of Laws of the rity of ~heat Ridge, providing a basis for
establishing building permit fees
rouncil Bill 2 was introduced by Mr Selstad on ~econd reading, title
read by the rlerk, Ordinance No 919 assigned
Motion by Mr Selstad for the adoption of Ordinance 919, seconded by Mr
Davis, carried 7-1 with Vance Edwards voting no
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 4
Resolution 1339 - approving the Transfer and Assignment by Time
Warner Entertainment Company, L P , dba Time warner rable to
TrI rablevision of Texas, Inc of the Permit to operate a Cable
Television System in the rity of Wheat Ridge, rolorado
Resolution 1339 was introduced by Phil Edwards, title read by the Clerk
Mr Middaugh gave background on the Resolution
John Suranyi and Bill Nicholas, representing TCI, were sworn in by the
Mayor and answered rouncil's questions
Thomas Lofstrom, 2888 Love Street, Boulder, was sworn in by the Mavor
He has a background in broadcast engineering and expressed concern with
transfering the franchise to TrI
Geoff Wodell, 3935 Garland Street, was sworn in by the Mayor He asked
that Council take this opportunity to negotiate for a better deal with
Tn
Motion by Mrs Brougham to table Resolution 1339 until we have an
opportunity to sit down with TrI and address some of the concern~ raised
by Mr Lofstrom and Mr Wodell, seconded by Vance Edwards, failed 3-5
with rouncilmembers Selstad, Vance Edwards, and Brougham voting yes
rITY COUNCIL MINUTES
February 8,1993
Page -3-
Motion by Phil Edwards for the adoption of Resolution 1339 with the
amendment that rhannels 8 and 22 be exclusively community access
channels and this be added into the Resolution, seconded by Mr Davis
Mr Flasco a~ked for a friendly amendment that if this Resolution
passes, we start an immediate review of the present perwit This was
accepted by motion-maker and second
Motion as amended carried 6-2 with Councilmembers Vance Edwards and
Elise Brougham voting No
Item 5
Resolution 1340 - approving Industrial Revenue Bonds for roors
Brewing rompany
Resolution 1340 was introduced bv Vance Edwards, title read by the
Clerk
Mr Middaugh explained that the rity had been asked by the roors Brewing
rompany to consider the issuance of Industrial Development Revenue Bonds
to finance the proposed expansion to the roors rompany glass
manufacturing plant which is located in Wheat Ridge Issuance of any
industrial development revenue bonds by the rity does not obligate the
City to the expenditure of any funds and is fully permitted and
consistent with the terms and conditions of Amendment 1
Don Breen, representing roors, was sworn in by the Mayor, gave
presentation and answered questions
Kirk (inaUdible), Sherman & Howard, Bond rounsel, was sworn in by the
Mayor and answered questions
Randy (inaudible), project manager at Coors, was sworn in by the Mayor
and answered questions
Motion by Vance Edwards for the adoption of Resolution 1340, seconded by
Phil Edwards, carried 7-1 with Mr Flasco voting No
Item 6
Amendment to Revocable License Agreement re
38 th & AU i son
Mr Middaugh explained that the rity had received petitions from
concerned citizens regarding a traffic signal located at the
intersection of 38th and Allison There was an existing agreement that
the signal be moved, but the signers of the agreement were amenable to
amend the agreement as provided to rouncil The residents on the
portion of Allison Street south of 38th Avenue are not in opposition to
the traffic signal remaining
Dick Clinch, 3895 Allison Street, was sworn in by the Mayor and asked
that the traffic light not be removed
Mrs Brougham wants the record to reflect that this amendment does not
mean the traffic light will never be moved, it merely extends the date
to December 31, 19<)4
rITY COUNrIL MINUTES
February 8,1993
Page -4-
Motion by Mrs Brougham to approve the amendment to the Revocable
License Agreement regarding the extension of the date of removal of the
traffic signal at 38th and Allison Street and that t~e rity pursue
Section 8 of the original agreement regarding resolving the sight
distance issue for sout~bound people on Allison Street, seconded by Phil
Edwards, carried 8-0
Item 7
Bid Award for Plotter
Motion by Mr Fla~co that Henderson Tec~nology Marketing, Inc be
awarded the purchase of the Hewlett Packard Design Jet 600 Plotter (RFQ
#002-93) in the amount of their quote $7,555 00 and that the costs be
charged to Acct No 01-302-809, seconded by Vance Edwards, carried 8-0
Item 8
Engine Replacement for Dump Truck
Motion by Mr Flasco that t~e replacement engine for Unit 255 be
purchasej from Stewart & Stevenson Power for the alliount of their total
price of $7,174 20 and that all costs be charged to Acct No
01-305-662, seconded by Vance Edwards, carried 8-0
Item 9
rommunication Project Proposal
Mr Middaugh explained that rouncil had selected a rouncil subcommittee
to find a way to increase or enhance citizen participation in our
community in the next year and to ~ave some focus on fiscal issues and
direction for the 1994 budget He feels that it would be helpful to
have a third party to help with this to bring a propo~al back to the
full rouncil and ultimately to the public
Carol O'Dowd, 7895 Alkire Street, Arvada, was sworn in by the Mayor, and
presented proposal to rouncil, which focuses on communication and
productivity issues that are internal She suggested a rouncil Retreat
and/or a community input meeting
Motion by Phil Edwards to hold a 1-day retreat, died for lack of second
ronsensus to keep up the town meeting process and citizen input was 7 in
favor
ronsensus to move up Item 13 was 6 in favor
I'lotion by Vance
seconded bv ~lrs
voting no
Edwards to suspend the Rules anj go pa~t 11 00 pm,
Brougham, carried 6-2 with Mr Shanley and Mr Davis
Item 13
Recon~ideration of May 4 Special Election
rouncil President, Ron Selstad, stated that this reconsideration should
have been brought up at the next meeting after setting the election If
we want to discuss it now, we need a vote to suspend the Rules and allow
reconsideration It will take 2/3 majority to ~uspend the Rules
rITY COUNrIL MINUTES
F,"bruary 8,1993
Page -5-
Motion by Mr Shanley that we suspend the Council Rul,"~ and reconsider
this item tonight, seconded by Mr Eafanti, failed 5-3 with
rouncilmembers Selstad, Brougham, and Vanc," Edwards voting yes
Mr FIasco challeng,"d this ruling He does not agree that this is a
reconsideration He had asked that this item be placed on the Agenda
for discussion He asked for an outside attorney to get a ruling from
the District Attorney H," did not ask for a reconsideration!
Mrs Brougham asked for clarification from the rity Attorney if the
election was for May 4, 1993
rity Attorney, John Haye~, replied that as matters stand right now,
based on the rouncil's rules, the rouncil President is the
parlamentarian He made a decision, a ruling, and there were not enough
votes to reconsider this matter That means it does not come up for
discussion Than means, unless and until chall,"nged, the election
stands for May 4, in his opinion
Kent Davis asked for consensus to move on with the agenda
was 7 in favor
Consensus
Motion by Mr FIasco to adjourn, seconded by Phil Edwards, carried 6-2
with Mr Selstad and Vance Edwards voting no
Meeting adjourn,"d at 11 05 p m
rk
APPH0VED BY CITY COUNCIL ON FEbRUARY 22, 1993 BY A VOTE OF
8
TO 0
-,
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Ron Selstad,
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rouncil Pre~ident