The URL can be used to link to this page

Home My WebLink About10/22/1990 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO October 2~990 The City Cnuncil Meeting was called to oraer by the Mayor at 7 30 p m Co u n c i IIfJ e rli b e r s pre s e n tEl i s e B r 0 ugh am, fI. e n t D a vis, Don [a fan t i, Phi I EdWards, T')nj Fl ascn, Larry herkl, and Ron SelstCJd iJ1l1 Shanley was absent Also present City Clerk, ~anda 3ang, City Administrator, Mike Smith, l.ity Attorney, John hayes, Director of Planning & Development, Glen Gidley, Director of Par~s & Recreation, Gary Wardle, Chief of Police, Jack Hurst, staff, ana intereste j citiL.ens APPROVAL OF MINUTES of October 8, 1990 Motion by Mr Eafanti for the approval of the Minutes of October 8, 1990, seconded by Mr Merkl Mrs Brougham asked that T"'lj Flas;:;,,' s reasnns f.,r his aIiJendment nn Item 9 be included in the Minutes Motion carried 7-0 CITIZENS' RIGHTS TO SPEAK Doro.thy Thnmpson, 3014 Chase Street, read a letter of thanks int., the record, which was addressed tn ~ayor Wilde and City Clerk, ~anda Sang The letter Has from ~heat Ridge United Neighborh."ds and thanked Mr ~ilde and krs Sang for their cooperatinn and partiCipation in the Campaign and Issues Forum nn Octnber 11 Rod Killian, 3926 Simms Cnurt, representing the Planning C.,mmissinn, called Council's attentinn to a special lOeeting nf that Commission, which haa been held on AU6ust 30, 1990 At that meeting a resolutinn was passed, which rec"lIllnends t'O City Council to increase Account Number 121-70~ by $~,OOO allOWing fnur members of Planninb Commission to attend an out-of-state conference LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 A P P 1 i cat ion f r n III C n paC a van a, 9 1 1 U W 44 t h A v e n u e, W h eat Rid 6 e , Colorado for renewal 'Of a Class T Tavern License, with extended hours, and also a request tn change, alter or modify the premises Applicant's attorney, Pablo Encanis, was present and sworn in by the Mayor Mr Flasc'O expressed cnncerns that the Modifiuatlnl ,f Premises had been undertaken prior to Cnuncil's appr.,val and that the ouiJding currently did not have a Certificate 'Or Occupancy Mr Gidley explained the back6rnund .,n the lack of a current C 0 CITY GuUNCIL MINUTES October 22, 1990 Page -2- Mr Encanis informed Cou~ci] that his client had Engaged an engineer and that the matter of the C 0 should be taken care ot within the next 2 weeks ; diligent effort had been made on his and his clients part to have this matter resolved, uut it VIa') beinb held UlJ by the offices of the 7-11 c'1Y'i.Jnration Motion by Mr Flascn Ln hold an Executive Session, seconded by Mr Edwards, carriEa "(-0 Motion by Mr Merkl for the renewal nf the li4uor license for Copa Cavana, 9110 W 44th Avenue, Wheat Ridu'~, t~1 r'::new their Class T _ Tav~rn License, subject to getting a permanent C 0 That no liquor may be served in the addition until the C 0 is issued Tflat a "show cause hearing" be set for November 26, 1990 to determine if a violation of CRS 12-47-100 2 has nccured, seconded b) Mr FIasco, carried 7-0 Item 2 l-mile r;"jius fnr applicati'Jn for a new Beer & Wine Liqunr License for Ban Ngoc NG .yen, dba Vietnamese Cathnlic Community, 4645 Harlan Street, Wheat Ridge, Colorado Moti..n by Mr Selstad that the neighborhood be set at a l-mile radius, that a survey to establish the needs and desires of the neighborhood be taken, and that the public hearing on this application be held nn November 26, 1990, seconded by /'ir Edwards, ~arried 7-0 Item 3 1-mile radius or waiver of ~ddius for a new Beer License for /'iichael Farrel l, dba Cugino' s 580"( W Wheat Ridge, Coloradn & Wine Liquor 38th Avenue, Motinn by Mr Flasco that the neighborhond be set at a l-mile radius, that a survey to establish the needs and desires of the neighborhood be taken, and that the public hearing on this applicatinn be held on /Jovewber 26, 1990, seconded by [vJr Davis, tailed 2-5 with Mr Davis and Mr FIasco voting yes Motion by Mr Merkl tn waive the requirement for a liquor survey for Cuginn'3 Restaurant because their license did not expire until September 17, 1990 ana there has been a license it that Incation since 197~ I further move to set the public hearinb for this 8)plication for November 2b, 1990 and order this nntice published and posted, seconded by /'ir Edwards, carried 6-1 with Mr Flasc'J voting No Mr FIasco voted no, because the license at this location has expired and the needs and desires of the neighborhood may be entirely different than they were in 1972 CITY COUNCIL MINUTES October 22, lyyO Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 4 Cnuncil Bill #73 - An Ordinance repealing and reenacting Sectinns 16-127 and lb-177 of the Code nf Laws nf the City of wheat Ridge, involving nffenses related to the possession and consumption of alcnhnlic beverages by minors and adults in public places within the City Council Bill 73 was intrnduced on secnnd reading by Mr Selstad, title read by the Clerk, Ordinance Nn 8~u aS3i~1ed ~otion by Mr Selstad for the adoption of Ordinance 850, seconded by Mr Davis hr FIasco moved to amend this Council Hill to strike any and all references thrOUGhout that refer to an unopened bottle, container of some sort, the label being prima facie evidence that it is what the label says and not what is in the bottle, seconded by Mr Davis, carried 6-1 with Mr Selstad voting nn Mrs Brougham expressed cnncerns that this nrdinance woula nnt allnw the consumption of alcoholic beverages at the Richards Hart Estate and sug~ested that it should be tabled until some or the problems COUld be resnlved Mr Selstad withdrew his motion until this Ordinance cnuld be corrected Motion by hr Selstad to postpone consideration of this Ordinance until November 26, 1990 and asked that Councilmembers contact hr Hayes by the November Study Session so that we can review the wording at that time, secnnded by Mr Merkl, carried 7-0 ORDINANCES ON FIRST READING Item 5 Cnuncil Bill #74 - An Orainance amending the provisions nf Chapter 7, Elections, of the Code of Laws nf the City nf wheat f\idge Cnuncil Bill 74 was introducej by Mrs Brougham nn first reading, title reaj by Clerk Motion by Mrs Brougham that Cnuncil Bill 74 be approved .>) first reading, ordered publ ished, publ ic iWdri'lu be set for Nonday, !1Venjber 26, 199U at 7 30 pm in City (;n'l1 il 'lc11}l)erS, Ivlunicipal 81ctg , and if apprnved on second reading, take effect 4') days after final publication, seconded by Mr Merkl hotion by Mr Selstad for an alllendment on page 12 - unless the Clerk is the subject of the complaintin which case City Council shall appoint a hearing officer, seconded by t'1rs Brou::.;ha!!1, ~jrried 6-1 with !vlr Davis voting no Motion by Mr Selstad tn amend that names do not appear alphabetically, but that there be a random process by lot, seconded by Hrs BI'Ol~haliJ, Failed 4-3 with Councilmembers Brougham, Selstad ana Edwards voting yes CITY COUNCIL MINUTES October 22, 1990 Page -4- Moti02 by Mr FIasco t~ amend page 13, Sec 7-36 , to read "The City, acting through its city council, S111l Ilia~ e n~ c~'1tribution or c~ntribution in kind in campaigns involving the nomination, retention or election of any pers~n to any ~ublic office Dr any issue" Everything else is to be stri~ke'1, seconded by Mr. Selstad, carried 5-2 with Mr Davis and Mr Merkl v~ting No Item 6 V,te ~n 'riginal motion as amended carried 7-0 Council Bill #75 - An Ordinance amending the Code of Laws ~f the City of Wh"dt Ridge by adding a new Article III of Chapter 9, entitled "Regulation of products containing ozone depletinG comJ'Ul ~" u'vernin~ the manufacture, distribution, ~8le anj recycling of products which utili ~ "''1 -Jepleting compounds Cou'1Jil !H 11 75 was introduced by I'll'S Broughaw on fir;t reading, title read by Clerk Motion by Mrs Br~ugham that Council Bill 75 be approved on first reading, ord~r=,j published, public hearing be set for Fio'1<jay, November 26, 19YO at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second readinG, take effect Section 1, 15 days after fi'Ll] >1 ,"il:lr,ion, Section 2, January 1, 1991, Secti~'1 3, July 1, 1991, :Jection 9-38 take effect January 1, 1994, seconded by !vIr Selstad, carried 7-0 Item-I C~U'1ciJ by Cle~k reading, 26, 1990 approved seconded Council Bill #76 - An Ordinance providing for the appr~val of a change of conditions placed nn the original rezoning to Commercial-One on land located at 4975 Kipling Street, City of Wheat Ridge, ::;'U,'1ty ,f .Jefferson, State of Colorado (Case No WZ-90-6) (J~e J Ingenthrone) Bill 76 was introduced by Mr ~erkl ') rirst reading, title read Motion by Mr Merkl that louncil Bill 76 be approved on first ordered published, public hearing be set for Monday, November at 7 30 p ill in City Council Chambers, Municipal Bldg , and if on second reading, take effect 15 day~ after final publication, by Mr Edwards, carried 7-0 There was a discussion that Resolution 1229 (Item 13 ) should be placed on the Agenda before Item 8 Motion by Mr Merkl t, hear Item 13 before Item 8, seconded by Mr Edwards, carried 6-1 with !vIr FIasco v'l~i'1t!, N, I t'2m 13 Resolution 1229 to amend Gej~]uti~n 1139 and calling for a Public Hearing on the issuance of Qualified 501(c)(3) Bonds for the use of Mountain Vista Health :e'1ter, Inc Mr Merkl introduced Res~]uti~'1 No 1229, title read by the Clerk ~otion by ~r Merkl for the adnption of Resolution 122Y, aeconded by Mr Edwards, carried (,-1 ~Iith i'lr fIasco v:>ting no Bond Counsel, Mr K~plan, gave reasons for asking for incre~sea funds anj d'1swered Council's questinns CITY COUNCIL MINUTES Oct:)ber 22, 1990 Patje -5- Nr Flasc:) asked, f:)r the recnrd, that in would have abs:)lutely no obligation Mr c)rrect and this was made quite clear in case of default, the Hayes responded that C'">uncil Bill 77 City this was Item 8 Council Bill #77 - An Ordinance aut~orizing the issuance and sale of $11 ,500,[WO maximum aggregate principal amnunt '"If City of h~eat Ridge, Coloradn Qualified 501(c)(3) Revenue Bnnds (Mountai1 Vista Health Center, Inc Pr'">ject) Series 1990, authnrizing the executinn and jelivery by the City of a IQ'"Irtgage and loan agreement, an indenture '"If trust, clnsing dncuments, and such bonds in connectinn therewith, making determinations as tn other matters related tn such financing, and repealing action heretnfore taken in cnnflict herewith C'">uncil Bill 77 was intrnduced by Mr Mer~l '">n first reading, title read by Clerk Motion by Mr Merkl that Council Bill 77 be approved on first reading, ordered published, public hearing be set for Monday, N:)vember 26, 1990 at 7 30 p m in City Council Chambers, tvlunicipal Bldg , and if apprnved on secnnd reading, take effect 15 days after final publication, seconded by Nr Edwards, carried 6-1 with Mr FIasco vnting no Item 9 Cnuncil Bill #78 - An Ordinance amending hheat Ridge Code of Laws, Chapter 15 Article II Nuisances, relating tn weed contr:)l C'">uncil bill 78 was introduced by Nr Selstad nn first ~eading, title read by Clerk Motion by Mr Selstad that Council Bill 7b be ~J)~'ved on first reading~rdered published, public hearing be set for Monjay, November 26,1990 at 730 pm in City Council Cl1ambers, !-1unicipal Bldg , and if dpprnved on secnnd reading, take effect 15 days after final publication, sec'">nded by Mrs Brougham Mr Davis asked for an secnndcJ by 1r Merkl friendly amendment amendmer1t t 1 J.)llt (Jack Mr Selstad and Mr "nr nnxious vegetation", Merkl accepted this as a Mr Davis asked fnr an amendment tn stri~e ~e_tinn (b) entirely was accepted as a friendly amendment This Mr Davis asked fnr Ct'l a oendment t'J strike anything after "Centaurea masculosa" in paragr3~h (a) and that "Clear Creek Open Space, and greenbelt natural areas" be stricken in paragraph (c), secnnded by Mr Flascn Mr I'Jerkl asked for a friendly amendment t'J I'lr Davis' amendment t'J say "if there is a complaint on weeds '">n the ~ity's Greenbelt, the City will maintain those weeds at that locatinn Mr Davis ~cceJted this if it 0~q ~ut in both Section (d) and (c) and asked thdt this be substituted fnr his motion CITY COUNCIL MINUTES Octo!;;:(' ;;> J, 1990 Pat,e -6- Nr Nerkl asked for an amendment t, leave Section (c) as it is and to add to )ection (a) that the City take care of noxious weeds in the Gree'1belt '"\n a c'"\mplaint basis Mr Davis replied he had already mov~d t, have everything stricken after "Centaurea masculosa" Mr FIasco abreed Mr Davis' ~otion carried ')-~ with Mr Selstad i'1j Irs 1r'ugham vnting No Mr Merkl asved for a'1 2iIJendllJent that we add "This shall not be construed to require removal '"\f any weeds from the City's 'wned or leased Clear Creek Open Space, greenbelt natural area, except on a complaint basis, at which ti0~ we will remove noxious weeds, seconded by Mrs Brougham, carried 5-2 with Mr FIasco and ~(' DRvi3 voting No Mr Davis clarified this by asking if "Both of the above terms shall not include flower gardens, plots of shrubbery, vegetable gardens and grain plots" will remain stricken Mr Merkl agreed hr Davis stated he had a list of 9 noxious weeds that he wanted included in this Council Bill and he would submit them to Mr Gidley He will also speak to him about the 500% fine increase Original Mntion as amended carried G-l with Mr Davis voting No Item 10 Council Bill #7l1 - An Ordinance amending the provisions of Section 22-76 of the Code of La~i '"\f the City nf Wheat Ridge by amending the threshold nf sales taxes re4uireJ t, be generated in order to participate in the ESTIP Program Council Bill 79 was introduced by Mr Selstad on first reading, title reaj )y Clerk Motion by Mr Selstad that rouncil Bill 79 be approved on first readinb, ordered published, public hearing be set for Monday, November 26, 1990 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 j~Y3 after final publ ication, seconded by hr 'le>'kl, carried 7-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 11 A Resolution #1226 adopting the City Budget, and appropriating sums of money to the various funds and spending agencies in the amounts specified, for the City of Wheat Ridge, Colorado f'"\r the 1991 budget year B Resoluti'"\n 01?'7 leJfing general property taxes for the year 1990 to help defray the costs of government for the City of Wheat Ridge, Colorad'"\ for t~e 1991 budget year City Clerk, v.anda Sang, read a letter from Wheat Ridge United Nei~hborhooas into the record, which had v~(' '"\us suggestions for the 1991 Budget CITY CUUNCIL MINUTES October 'v,, 19l;() Page -7- Pesolutions 1126 and 1127 were introduced by Nr Merkl, titles read by the Clerk Motion by Mr Merkl for the ado~tio1 ,f Resolutions 1226 and 1227, seconded by Mr Fdwards Mr Merkl moved for an $5,000, seconded by Mr Broughoill, Selstad, and amendment to increase account number 121-702 by Edwards, uarried 4-3 with Councilwembers Flasco v')ting no !"1r t"lerkl J)"ved for an amendwen'c to remove the tnnl a11o'"ance in the Public Wor~Department, seconded by t',r fIasco, carried 5-2 with Mr Selstad and Mrs Brougham voting no Mr FIasco moved for an amendment that the proposed L leJ38 ~ars that we are planning to buy for $18,000, we only buy half the number of cars and use the other hal f ')f our money to convert Cf 'If , I 11 clot >H'S to an alternate fuel, such as natural gas, seconded by Mr Davis Discussion foll'wed Mr Davis asked Mr cars Ge c')nverted Motion carried 7-0 FIasco to chan~e his motion to say that half the new f'lr FIasco did that and sec'1nd '1"1 epted Motion by hr FIasco to postpone action on budget and send it back to staff until enough money can be cut to ueet the requirements of Section 10 ~ of the Charter, seconded by Mr Selstad, carried 4-3 with Council members r1w~rds, Davis, and Merkl voting no Mr Davis called for the Juestion, seconded by Mr Merkl, carried 7-0 Item 12 Resolution #1228 authnri~ing reimbursement from the City of Wheat Ridge's attributable share of the Jefferson County Open Space Fund for Parks and Open Space Development Motion by Mr Davis that Resolution 1228, authoriLl~~ reimbursement from Jefferson County Open Space be approved, and the elayor be auth')rized to sign the intergovernmental agreement entitled "Request for Reimbursement and Certification of Use of Funds" which is required by Jefferson County Open Space before reimbursement from the City of Wheat Ridge's attributable share can be released, seconded by Mr Merkl, carried 7-0 Item 14 Bid award for street sweeper RFB #90-40 Motion by Mr Eafanti that the purchase of the Vacuum Street ~weeper be awarded to Power Motive Corporation in the amount of their bid ')f $86,614 00 with the cost to be charged to Acct No 01-303-8u7, se~'nded by Mr Merkl, carried 6-1 with Mr Davis v')ting no Motion by t'lr Herk] t, suspend the Council Rules and go past 11 Or) j) r!J and finish the Agend'l, s,,"conded by f'lr Eafanti, carried 6-1 witl-J Mr Davis voting no CITY CGUNCIL MINUTE Oct::Jber 22, 1990 Page -8- Item 15 Bid award for 1991 janitori31 ~e~vices f~r vari::Jus locations Motion by Mr Merkl t~at the contract for the 1991 Janit::Jrial Services ~awarded to homework Enterprises in the amount of their Base lIJonthly bid of $2,675 00 per month with all costs t::J be char6ed to the various contractual service 704 accounts, seconded by Mr Edwards, carried 7-0 CITY ADMINISTRATOR'S MATTERS Mike Smith asked when C~uncil would like to hold the Budget Sessi'1~ ~::Jtion by Mr Selstad to hold the Budget Sessions on November 7 and November 8, 1990, seconded by Mrs Brougham, carried 7-0 CITY ATTORNEY'S MATTERS John Hayes reported on a very positive meeting with American Cablevision of Wheat Ridge He asked f~r an Executive Session under Section 5 7 (b)(l)(B) of the Charter Mr Merkl so moved, seconded by Nr FIasco, carried 7-0 ELECTED OFFICIALS' MATTERS Phil Edwards commended Asphalt Pavi~g on the super job they did ~n Youngfield from 38th to 44th AV0nues Ron Selstad moved to withdraw a motion that Council had previously maje establishing a priority on pr~jects (Depew Street) and to let Public Works and the contractor work out the priorities, seconded by Mr Davis, carried 7-0 Motion by Mr Selstad to hold a joint meetin~ witl! ~heat Ridge, Edgewater and Urban Drainage to consider a ~~ssible joint venture, no action is to be taken, seconded by Mrs Brougham, carried 7-0 Larry Merkl moved that the Parks Department look into the possibility of a parking lot at a~~rnximately 32nd and Garrison for north dccess to Crown Hill Park, seconded by Mr Selstad, carried 7-0 Motion by Mr Merkl to hold a Special Meeting immediately following the November '), 1990 Study Session, to make a decision on employee health insurance, seconded by t':r Edwards, carried 7-0 Don Eafanti asked if decorations could be put up on W 38th Avenue for Christmas Merchants sh, ilj ,;n1tribute to this EXECUTIVE SESSION WAS HELD Motion by Mr Merkl tn ddjourn, seconded by Mr Edwards, carried 7-0 Meeting adjourned at 11 40 p m i I ...-" , H and a San g, C i t Y C le?k APPROV~D BY CITY COU~CIL ON NOVEMBER 2b, 1990 BY A VOTE OF , I ___._.~ ~ __.. /-+- /.; r ~... Kent Davis, Council President 8 TO 0