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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 TO o