HomeMy WebLinkAbout06/24/1991
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
June 24, 1991
The City Council Meeting was 0alled to order by the Mayor at 7 30 p m
Councilmembers present Kent Davis, Don Eafanti, Phil Edwards, Larry
Merkl, Ron Selstad, and Bill Shanley Elise Brougham was absent, but
left votes Tony FIasco was absent due to family emergency Also
present City Clerk, Wanda Sang, City Treasurer, Jim Malone, City
Attorney, John Hayes, Public Works Director, Bob Goebel, Director of
Planning & Development, Glen Gidley, Director of Parks & Recreation,
Gary Wardle, Chief of Police, Jack Hurst, staff, and interested
citizens
APPROVAL OF MINUT~S of June 10, 19Y1
Motion by Mr Eafanti for the approval of the Minutes of June 10, 1991,
seconded by Mr Merkl, carried 6-0
CITIZENS' RIGHTS TO SPEAK
Ray Winger, 4050 Ammons Street, chairperson of the Charter Task Force,
asked that Council reconsider eliminating three of the recommendations
made by the Task Force These were any vacancy that occured on City
Council would be filled by Special Election in the District of the
vacancy, limited terms for members of Boards and Commissions, ratify an
area to be included in the Urban Renewal Area
Nancy Snow, 11155 W 40th Avenue, stated she was disappointed that
Council almost ignored the recommendations of the Task Force She also
asked that the recommendations Mr Winger ask eo for be put back on
Robert ~illiams, 5075 Tabor Street, asked what was being done about the
Lakemont Driving Range Mr Hayes replied that the owners had been
served with a summons to appear in court
City Clerk, Wanda Sang, read a letter from ~heat Ridge United
Neighborhoods and a letter from Helen Howard, 4140 Otis Street, into the
record Botl-J letters contained recommendations tor the proposed charter
changes
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1
Application for a new Class T - Tavern Liquor License with
Extended Hours for the American Motel, Inc , dba "Red Balloon
Saloon", 10101 1-70 Service Road North, Wheat Ridge, Colorado
Attorney Maurice Fox, representing the applicant, was present and spoke
in favor of the application Sandra Monks, 10101 1-70 Service Road
North, was sworn in by the Mayor SI-Je is the manager of the
establishment and answered Council's questions
CITY COUNCIL MINUTES
June 24, 1991
Page -2-
Motion by Mr Shanley to approve the application for a new Class T _
Tavern Liquor Li0ense with Extended hours for Ameri~an Motel, In0 , dba
"Red Balloon Saloon", 10101 1-70 Servi~e Road Nortl-J, Wheat Ridge,
Colorado, for the following reasons
1 All appli~ations and fees required by statute I-Jave been filed and
paid,
2 Noti~e of hearing and posting of the premises have been a~~omplished
according to statutory requirements,
3 TI-Je appli~ants will be entitled to occupancy of the premises by
virtue of a signed lease dated April 22, 19Y1,
4 The applicants have been ~leared by the Poli0e Department,
5 The evidence adduced at the Public Hearing on June 24, 1991
established that the desires of tl-Je residents of the neighborhood under
consideration are for granting this license, as evidenced by petitions
bearing 54 signatures in favor of issuance, 12 signatures in
opposition, and 39 signatures evidencing no opinion and that issuance of
this license is consistent with the needs of the neighborhood under
consideration,
seconded by Mr Edwards, ~arried 6-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
I tern 2
Council Bill 89 - An Ordinance initiating an amendment to
Section 3 2 of the Home Rule Charter of the City of wheat Ridge
and submitting the same to tl-Je registered electors of the City
at the regular muni~ipal election of November 5, 1991
Council Bill 89 was introduced by Mr
read by the Clerk, Ordinance No 863
Edwards on second reading, title
assigned
Ray Winger, 4050 Ammons, was sworn in by the Mayor and stated that the
wording in the Ordinan~e did not refle~t tl-Je wishes of the task force
Nancy Snow, 11155 ~ 40th Avenue, was sworn in by the Mayor, she does
not believe the Mayor should break a tie under any circumstances, but it
should go on the ballot be~ause that is what the committee recommended
It should go on the ballot in the manner it was recommended and not the
way it has been changed SI-Je furtl-Jer asked that if it were to go on the
ballot, the ordinance should be ~hanged to have the ordinance and the
ballot question be same
Moe Keller, 4325 Iris Street, was sworn in by the Mayor and recommended
that the Mayor should not be the person to sit down witl-J the City
Administrator and write the budget and then have a tie breaking vote on
it She agreed with something Mr Merkl had brought up earlier, and
that is to change the ordinance to give the Mayor a tie breaking vote
except as to approval or amendment of the City's budget
Thomas Slattery, 6869 W 32nd Avenue, was sworn in by the Mayor, he
doesn't like this Ordinance, it is not consistent with good government
The Mayor assumes legislative and executive powers He asked the Mayor
to veto this Ordinan~e if it passed
CITY COUNCIL MINUTES
June 24, 1991
Page -3-
Jerry Roach, 7805 W 41st Avenue, was sworn in by the Mayor He served
on the Charter Commission and feels that their advice should be no more
binding than any otl-Jer advice TI-Je buck stops with City Council
Motion by Mr Edwards for the adoption of Council Bill 89, seconded by
Mr Shanley
Mr Merkl asked to amend tl-Je motion that in Section 3 the words "except
upon adoption or amendment of the budget or financial matters be added
Mr Edwards accepted this as a friendly amendment Mr Shanley did not
accept this as a friendly amendment and asked that it be voted on
separately
Motion by Mr Merkl &0 amend the motion to add the words to Section 3
"except upon adoption or amendment of the budget", seconded by Mr
Selstad, carried 5-1 with Mr Shanley voting No
Mr Hayes pointed out that Section 2 would also need to be changed to
read as follows "Shall section 3 2 - Powers and Duties of the Mayor -
of the Home Rule Charter of the City of Wheat kidge be amended by
requiring the Mayor to vote to break tie votes of the City Council
except as to approval or amendment of the City's budget?" Mr Merkl so
moved, seconded by Mr Edwards, carried 6-0
Original Motion as amended carried 6-0
Mrs Sang stated that Mrs Brougham had left votes, but since there had
been changes, her vote could not be counted
Item 3
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 regular municipal election of November 5,
1991
Council Bill 90 was introduced by Mr Shanley, title read by the Clerk,
Ordinance No 864 assigned
Ray Winger stated that the Task Force could not endorse this Council
Bill since tl-Je date had been changed and was not like they had
recommended to be November 1993, but had been changed to November 11,
1991
Nancy Snow had the same objection as Mr Winger She also objected to
the language in the Ordinance and asked that it be worded clearer
Thomas Slattery, ~869 ~ 32nd Avenue, spoke in opposition to this
Ordinance because it is in conflict with the following Council Bill
Jeffrey WOdell, 3935 Garland Street, was sworn in by the Mayor and
encouraged Council to correct the problems found in the Ordinance
CITY COUNCIL MINUTES
June 24, 1991
Page -4-
Motion by Mr Davis to amend the motion to read in Se0.tion 2, last line
"for more than four (4) consecutive, two year terms", seconded by Mr
Shanley, carried 6-0
Motion by Mr Selstad to amend that tl-Je Coun0.il Bill refle0.t tl-Je
original recommendation by the task force, that this be retroactive to
1993 Motion died for la0.k of se0.ond
Mayor Wilde stated that both these Council Bills should not go on the
ballot and I-Je will veto this parti0.ular one
Motion as amended carried 6-0
Item 4
Council Bill 91 - An Ordinance initiating an amendment to
Sections 3 1, 3 7, 3 9, 4 3(b) 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 regular municipal
election of November 5, 1991
Coun0.il Bill 91 was introduced on second reading by Mr Shanley, title
read by the Clerk, Ordinan0.e No 865 assigned
Ray ~inger stated that tl-Jis Ordinance was not recommended and would not
be endorsed by the task force This has been voted down in previous
elections, our two-year terms are the reason Wheat Ridge has not had a
recall election
Moe Keller was annoyed tl-Jat this 0.ame up again for discussion, this has
been voted down in previous elections, maintain two-year terms, for0.es
elected officials to be accountable
Tom Slattery spoke in opposition to tl-Jis Council Bill, get rid of it
Motion by Mr
like it was
consecutive
Mr Eafanti
Shanley to 0.hange the terminoJogy in this Council Bill
in the previous Coun0.il Bill "for more than two
four-year terms", se0.onded by Mr Davis, carried 4-2 with
and Mr Selstad voting no
Vance Edwards, 3205 Jay Street, was sworn in by the Mayor He spoke in
opposition to this Ordinance, this was brought to the citizens in 1985
and was soundly defeated more than two to one, it was turned down by tl-Je
Charter Task force 19-2, he had a neighborhood meeting and talked to
over 200 households regarding this issue, not one person supported a
four-year term
Vote on original motion as amended failed 4-2 with Mr Shanley and Mr
Edwards voting yes
Item 5
Council Bill 9~ - 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 ~heat Ridge and submitting tl-Je same to the
registered electors of the City at the regular muni0.ipal
election of November 5, 1991
CITY COUNCIL MINUTES
June 24, 1991
Page -5-
Council Bill 92 was introduced on second reading by Mr Eafanti, title
read by the Clerk, Ordinance No 865 assigned
Ray ~inger stated that this Ordinance was not recommended and not
endorsed by the task force Passing of this Ordinance would change the
form of City government, there cannot be nine bosses telling the City
Administrator and Department Heads how to run the City, City efficiency
will be diminished, Council can work through Mayor If this Ordinance
passes, Mayor should exercise his power of veto
Nancy Snow spoke against passing of this Ordinance, reminded Council of
early days in tl-Je City when Council told departments what to do, it will
be impossible for staff to do their jobs, don't change our structure of
government
Moe Keller expressed concern about Councilmember FIasco's meddling in
the administrative affairs of the City Since I-Je is the one that
introduced this Council-bill, she feels he wants to merge the executive
powers and legislative powers of the City and act as Mayor, City
Administrator and Councilmember at the same time Wheat Ridge has an
effect i ve forlll 0 f go vernmen t--vote no on this Counc i l- bi 11
Tom Slattery asked tl-Jat the Mayor veto this Council Bill
Jeff Wodell stated that the Mayor is the Chief Executive Officer of the
City and he alone should hire and evaluate the Administrator, asked that
Council vote No on this Council-bill
Motion by Mr Eafanti for the adoption of Ordinance 865
for lack of second
Motion died
Item 6
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 Wheat Ridge and
submitting the same to the registered electors of the City at
the regular municipal election of November 5, 1991
Council Bill 94 was introduced on second reading by Mr Davis, title
read by tl-Je Clerk, Ordinance No 865 assigned
Ray Winger stated that the Task Force endorsed this Council Bill
Nancy Snow also asked that this Council Bill be passed
Motion by Mr Davis for tl-Je adoption of Ordinance 865, seconded by Mr
Selstad, carried 7-0 (Mrs Brougham left a yes vote)
Item 7
Council Bill 95 - An Ordinance initiating an amendment to
Section 4 4(a) 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 24, 1991
Page -6-
Council Bill 95 was introduced on second reading by Mr Davis, title
read by the Clerk, Ordinance No 866 assigned
Ray Winger stated that the Task Force endorsed this Council Bill and
asked that it be passed
Motion by Mr Davis for the adoption of Ordinance 866, seconded by Mr
Selstad, carried 7-0 (Mrs Brougham left a yes vote)
Item 8
Council Bill 96 - An 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 municipal election of November 5, 1991
Council Bill 96 was introduced on second reading by Mr Davis, title
read by the Clerk, Ordinance No 867 assigned
Ray Winger, stated that the Task Force endorsed this Council Bill and
asked that it be passed He tl-Janked the Council for their voting
tonight
Motion by Mr Davis for the adoption of Ordinance 867, seconded by Mr
Merkl, carried 7-0 (Mrs Brougham left a yes vote)
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 9
Motion to appropriate no more than $2,000 to acquire the
services of Bill Thornton to review the Matrix System Funds
to be allocated from account # 106-750
Mr Davis explained that Mr Thornton had helped set up the Matrix
System and had since moved to Las Vegas It had been Mr Davis' idea to
I-Jave Mr Thornton come back here and go over the matrix system to see
how it was being administered and give suggestions He had contacted
Mr Thornton while he was in Las Vegas and Mr Thornton had agreed to
come to Wheat Ridge on a Thursday and discuss tl-Je matrix on Friday The
City should pay Mr Thornton's airfare, rental car and $300 for his time
and effort
Motion by Mr Davis to appropriate no more than $2,000 to acquire the
services of Bill Thornton to review tl-Je Matrix System with funds to be
allocated from Acct 106-750 I further move that a Council study
session be scheduled for Friday, July 12, 1991, at 2 00 P m for the
discussion with ~r Thornton, seconded by Mr Merkl, carried 6-0
1I-Jis 0tudy Session is to be published
CITY COUNCIL MINUTES
June 24,1991
Page -7-
Item 10
Resolution 1~55 - autl-Jorizing tl-Je Mayor to sign the Inter-
governmental Agreement between the City of Wheat Ridge, Cit)
of Edgewater, and the Urban Drainage and Flood Control
District entitled "Agreement regarding design, right of way
acquisition and construction of drainage and flood control
improvements to north branch upper Sloan Lake, Edgewater and
wheat Ridge "
Resolution 1255 was introduced by Mr Merkl, title read by the Clerk
Motion by Mr Merkl for the adoption of Resolution 1255, seconded by Mr
Selstad, carried 6-0
Item 11 Resolution 1256 - authorizing use of tl-Je public right of way by
the Wheat Ridge Carnation Festival, Inc , to post signs exempt
from regulation advertising the Wheat Ridge Carnation Festival
Resolution 1256 was introduced by Mr Merkl, title read by the Clerk
Motion by Mr Merkl for the adoption of Resolution 1256, seconded by Mr
Davis, carried 6-0
Item 12 Resolution 1257 - authorizing reimbursement from tl-Je City of
Wheat Ridge's attributable share of the Jefferson County Open
Space Fund for Parks and Open Space Development
Resolution 1257 was introduced by Mr Shanley, title read by the Clerk
Mr Wardle asked that under reimbursement "Coin envelopes" be stricken
and that the total amount would then amount to $36,646 90
Motion by Mr Shanley that Resolution 1257 autl-Jorizing payment from
Jefferson County Open Space be approved, and the Mayor be authorized to
sign the intergovernmental agreement entitled "Request for Reimbursement
and Certification of Use of Funds" which is required by Jefferson County
Open Space before payment from the City of Wheat Ridge's attributable
share can be released, seconded by Mr Merkl, carried 6-0
Item 13 Motion re
I-70 Frontage Road at 32nd Avenue
Mr Goebel gave the staff report, read a letter from the Higl-Jway
Department into tl-Je record supporting the relocation of the frontage
road, and answered Council's questions
Harvey Morlan, 13146 W 33rd Avenue, stated that the plan as presented
will cut witl-Jin 33 feet of his side-yard, it will damage the patio of
I-Jis property due to tl-Je increased noise and fumes, urged Council to
consider a plan that will do the least amount of damage to the property
owners
CIT~ COUNCIL MINUTES
June 24, 1991
f'age -8-
Robert Geschrei, 3301 Youngfield Street, representing La Quinta Motor
Inns, refered to the letter that was faxed today by La Quinta to Council
and Bob Goebel He read tl-Jat letter into the record TI-Je letter
expressed concern that a private drive was being turned into a public
roadway, this plan was the least desirable of all the possibilities
presented, will pose a safety hazard and present a hardship to the motor
inn and its guests, shelve this item for further study
Chere Bitt, 3239 Zinnia Court, asked that the City work with the Highway
Departwent and tl-Je County to get another access road out of this area
Bob Kessler, Attorney representing Mr Richter, wanted to go on record
to say they support the proposal
Michael Garcia, 3229 Zinnia Court, was concerned about the traffic light
that might be put on Zinnia Street sometime in tl-Je future, doesn't agree
with the road, too far to the north, soutl-J to the Cafe would be a much
better proposal
Brad Brauer, 3238 Zinnia Court, concerned about tl-Je location of the road
asked tl-Jat Council reconsider, appreciated the idea of a masonry
barrier, but asked that it be higher than 10 feet, barrier should be in
place prior to construction of the roadway
Connie Mauldin, 3195 Zinnia Street, asked that the traffic from the
frontage road merge with the 1-70 off-ramp If it were one-way it would
eliminate the need for a traffic light TI-Je access into tl-Je Richter
property would be one-way turning in
Clark Brown, 327~ Zinnia Court, asked Council to carefully weigh all the
facts and to give consideration to the neighbors
Karen Eceli, 3229 Zinnia Court, asked that Council delay action on this
item, was concerned about pollution, dust and noise
Motion by Mr Merkl tl-Jat the frontage road of 1-70 at 32nd Avenue be
relocated as shown and that a 8' solid sound wall be constructed in
place of tl-Je 6' wood fence on top of tl-Je existing berm as part of the
project, seconded by Mr Davis
Discussion followed
Mr Davis made a friendly amendment to make the wall 10' Mr Merkl
accepted this Motion carried 5-1 with Mr Selstad voting No
CITY COUNCIL MINUTES
June 24, 1991
Page -9-
Item 14
--
Motion by Mr Davis to approve acquisition of properties along
38th Avenue, Project S-38.01-91
D & F Investments, 5807 West 38tI-J Avenue
Chas Sand Chas M Mandril, 5208 ~est 38th Avenue
Ervin Belyeu, Jol-Jn Long & Eugene Fodor, Sr , 6050 West 38th
Avenue
Fred and Valerie Smith, 6101 West 38th Avenue
Kenneth Douglas, 6175 ~est 38th Avenue
Mary Mahoney, 6185 ~est 38th Avenue
Arapahoe County Task Force on Alcohol Problems, Inc , 6195 West
38th Avenue
Louis C Lilly, b465 West 38th Avenue
I further move
this amount be
seconded by Mr
that the sum of $10 00 be paid for each parcel and that
taken from Capital Projects Fund Acct No 30-303-846,
Merkl, carried 6-0
Motion by Mr Davis that the City of Wheat Ridge accept the warranty
deed for this segment as presented from Shirley M Marek, 5201 W 38th
Avenue I further move that tl-Je sum of $1,102 50 be paid for the parcel
and that this amount be taken from Capital Projects Fund Acct No
30-303-846, seconded by Mr Merkl, carried 6-0
Motion by Mr Davis that the sum of $758 50 be paid to Shirley M Marek,
for the permanent easement on 5201 W 38th Avenue, and that this amount
be taken frollJ Capital Projects Fund Acct No 30-303-846, seconded by
Mr Merkl, carried 6-0
Item 15 Motion re
Proposed Parks and Recreation Master Plan
Motion by Hr Merkl that the pro~osed Parks and Recreation Master Plan
be accepted and that Section VIII of the Wheat Ridge Comprehensive Plan
be amended by the repeal of the existinb Section VIII and readoption of
tl-Jis new Section VIII - Parks and Recreation Master Plan, to be
published separated from the Comprehensive Plan document, seconded by
Mr Edwards, carried 6-0
Mr Wardle gave the staff report, thanked everybody who had worked on
this and answered Council's questions
Steve Walker of Shalkey Walker Associates gave presentation to Council
Janice Thompson, 12290 ~ 42nd Avenue, member of the Parks Commission,
expressed her excitement about having worked on this plan with so many
dedicated people and tl-Janked everybody
Item 16 Bid award for architect for pedestrian/bike trail at 41st and
Kipling (RFP #91-004)
CITY COUNCIL MINUTES
June ~4, 1991
Page -10-
Motion by Mr Eafanti tl-Jat tl-Je Landscape Architectural Services Contract
for the Pedestrian/Bike Trail at 41st and Kipling Project, (RFP #91-004)
be awarded to Howard Needles Tammen & Bergendoff in the amount of their
proposal of $9,265 77, with all costs to be charged to Acct No
32-601-862, seconded by Mr Edwards, carried 6-0
Item 17 Motion re
Election judges for the November 5, 1991 election
Motion by Mr Merkl that tl-Je list of election judges be approved as
printed, seconded by Mr Davis, carried 6-0
Item 18 Decision regarding tl-Je Wheat Ridge polling places for the
November 5, 1991 election
Motion by Mr Merkl to accept the Polling Places as printed and that in
District III we use Wheat Ridge Evangelical Lutheran Church, 8600 W
38tI-J Avenue and Glory of God Lutheran Church, 12300 W 38th Avenue,
seconded by Mr Edwards, carried 6-0
Motion by Mr Selstad to go past 11 00 pm, seconded by Mr Edwards,
carried 4-2 with Mr Shanley and Mr Davis voting No
CITY ADMINISTRATOR'S MATTERS
Bob Goebel clarified the motion on Item 13 --is the l-Jeigl-Jt of the wall
extended to 10' and the length of the berm also extended? The answer
was yes
Mr Goebel asked Council's directive as to what to do regarding a pump
station on 35tI-J & Fenton Motion by Mr Selstad to have a city crew or
city contractor go in and dig a hole to determine the flow, seconded by
Mr Merkl, carried 5-1 with Mr Davis voting No
ELECTED OFFICIALS' MATTERS
Kent Davis asked about the planters for 38th Avenue Mr Goebel has
some information on this and will make sure Mr Davis gets it
Ron Selstad thanked Public Works for working on some flooding problems
He informed everybody of a neighborhood meeting at the Olde Firel-Jouse on
Thursday nigl-Jt--everybOdy is welcome to come
Motion by Mr Selstad tl-Jat the Ordinance for any urban renewal area
designated by Council go to a vote of the people be brought in for first
reading at the next Council meeting, seconded by Mr Edwards, failed 3-3
with Councilmembers Eafanti, Selstad and Edwards voting yes
CITY COUNCIL MINUTES
June 24, 1991
Page -11-
Motion by Mr Selstad that the Ordinance to limit terms for Boards and
Commission members be brought up for first reading tonight and for
second reading on July 8 meeting, died for lack of second
Motion by Mr Selstad that the Ordinance to fill any vacancy on City
Council by Special Election be brought up for first reading tonight and
for second reading on July 8, seconded by Mr Edwards, failed 3-3 with
Councilmembers Eafanti, Selstad, and Edwards voting yes
~ieeting adjourned at 11 15 p rn
)1
c/I,< ,,:co;.
Wanda Sang;
-."
I ';. { ~
t: ny'- C i..erk
U
A'PHOVEU B~ COUNCIL ON JULY 8, 1991 BY A VOTE OF
~~~J /.JU/w
Kent Davis, Council President
5
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