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HomeMy WebLinkAbout03/09/1992 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO March 9, 1992 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers 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 Attorney, John Hayes, City Treasurer, Jim ~alone, Director of Planning, Glen Gidley, staff, and interested citizens APPROVAL OF MINUTES of February 24, 1992 Motion by Mr Eafanti for the appruval of the Minutes of February 24, 1992, seconded by Vance Edwards, carried 8-0 Mayor Winger stated that two additional applications for Boarjs and Commissions had been receivei and the vacancies needed to be filled ~10tion by Mr Code Advisory carried 8-0 Eafanti to appoint Ralph P Santangelo to the Building Board from District III, secondej by Mrs Brougham, Motion by Mr Eafanti to appoint Donald C Board from District III, seconded by Mrs Neithercut to the Arborist Brougham, carried 8-0 PROCLAMATIONS AND CEREMONIES Oath of Office for newly appointed Board and Commission members Mayor Winger swore in Ethle Puckett, James Owen, Christopher Ertler, Helen Hurlburt, Tom Miles, Anthony Kelly, Edward R Pinson, Paul Hovland, June Suttie, Willard Leak, Ralph Santangelo YMCA Metropolitan Mayors and Commissioners Youth Award Presentations Mayor Winger passed out Certificates of Appreciation to outstanding students from different schools in the City of Wheat Ridge They were Greg Baer, Stanley Craggs, Josh Einsle, Daniel Forsha, Linda GarCia, Tara Gerken, Lencho Gonzales, Jennifer Jerome, Preston Quick, Lisa Ray, Sean Siemsen, David Slattery, Andrea Vinnola, Nicole Wasinger, Shannon Wheat CITIZENS' RIGHTS TO SPEAK Mat Anderson, 1117 S Clayton Street, Denver, was sworn in by the Mayor ~e works for Concrete Express, who was the contractor for h 38th Avenue last sumwer They completed the job but have not been paid in full ani can't get the engineering department to sit down and talk tu them The amount in dispute is around $50,000 00 he askei for Council direction as to how to proceei CITY COUNCIL MINUTlS March 9, 1992 Pag-= -2- Mayur hinger aivised Mr Anierson to make an appointment with him and that the Mayor, 1 Councilmember ann Public Works peopl-= wouli sit iown anj niscuss this matter Larry Wallac-=, 7b01 W 35th Av-=nue, was sworn in by the Mayor He andressen the limited access to and from W 35th Avenue from west of Wadsworth Blvd nue to the closure of Allison Street som-= y-=ars ago It is a dangerous situation for the resiients He asked that in the interest of the he~lth, safety ann welfare of all the citizens on W 38th Avenue that the barricade on West 35th & Allison Street be removei and resture the street to the way it was before the barricade was put up until such time as the vacant property on the west side of Wadsworth and the north side of W 35th Avenue is developen Mr Shanley stated that he intends to make a motion on this under Councilmembers Matters Jerry DiTullio, 3250 Newland Street, was sworn in by the Mayor and complained that his application to be appointei to a Boarn or Commission had been rejectei because of political reasons LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Transfer of Ownership for New Canton Restaurant, 4550 Wadsworth Blvd , Wheat Riige Motion by Mr Shanley to approve the Transfer of Ownership from Yue Wood, Yu Bing, dba "New Canton Restaurant", 4550 Wadsworth Blvd, Wheat Ridge, to Coong Vay Phu Corporation, for the following reasons 1 All applications ani fees required by statute have been filed ani pain, 2 The applicants will be entitled to occupancy of the premises by virtue of a signed lease dated August 21, 1991, 3 The applicants hav-= been clearej by the Police Department, seconden by Mr FIasco Applicants' attorney Mary Lee, 143 Union Blvn , was present Also present, applicant Coong Vay Phu They answered Council's questions and stated Mr Phu would attend the City Clerk's liquor seminar Motion carried 7-1 with Mr Davis voting no Item 2 Decision regarning alleged Liquor Violation at Lakesine Liquors, 5820 W 44th Avenue, Wheat Ringe Motion by Mr Davis that a Notic-= of Hearing and Ori-=r to Show Cause b-= ex-=cuted by the Mayor and City Clerk and be issuei to Lakeside Li4uur, 5820 W 44th Av-=nue, Wheat Hinge, bas-=d upon the allegations contain-=d in the attached Offense Report I further move that the Hearing be set for April 27, 1992 at 6 30 p m and that Rick Gl-=ason be hired as liquor prosecutor, seconi-=d by Mr FIasco, carried 8-0 CITY COUNCIL MINUTES March 9, 1992 Pag,= -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING I tern 3 Council bill 3 - An Orjinanc,= am,=nling the Zoning Corl,= of the City of Wheat Rirlge by adrling a definition of confinem,=nt facility, and by j,=claring the use of property as a confinement facility to b,= a prohiLit,=d use within any zone rlistrict within the City of ~heat Rirlg,=, ,=xc,=pt for any holding facility operaterl and controlled exclusively by the Wheat Rirlge Police Departm,=nt Council Bill 3 was introducerl by Vance Edwards, title read by the Clerk, Orrlinance No 891 assignerl Motion by Vance Edwards for the adoption of Council Bill 3 (Ordinance 891) and have it become effective 15 rlays after final publication, seconded by Mr FIasco JoAnn Fisher, 7645 W 47th Avenue, was sworn in by the Mayor, and askel for approval of this Ordinanc,= Phil Edwards movej to amenj this motion to allow this use in a commercial zone district under a special use permit, s,=conrled by Mr Shanley Mr FIasco will vot,= against this amendment, District II has 3 facilities from Arapahoe House in their area and he feels that's enough, he might consirler an amendment if each of the other jistricts puts thre,= units in their backyarrl Hr Selstad will vote against the amendIli,=nt because for the people who live here and who we represent keejJ them safe our first conc,=rn is They exp,=ct us to Vance Edwarrls will vote against the amendment, he doesn't want Wheat Ridge to be the dumping grounj for every criminal and jrunk in the area This would impact the neighborhood Vote on amendment failed 4-4 with Council members Brougham, Phil Edwards, Davis and FIasco voting yes Mayor Winger broke the tie by voting no Amendment failed 5-4 with Councilmembers Brougham, Phil Edwards, Davis, and Shanley voting yes Phil Edwards resigned from the Corrections Board Vote on original motion carried 6-2 with Phil Erlwarrls and Elise Brougham voting no CITY CUUNCIL MINUTES f"larch 9, 1992 Page _L~_ ORDINANCES ON FIRST READING Item 4 Council Bill 5 - An Ordinance amending various provi~ions of Chapter 22, Taxation, of the Code of Laws of the City of hheat RUge Council Bill 5 was introduced by Ron SeJ~ta~ on first reaiing, title reai by Clerk Motion by ~r Selstarl that Council BiJl 5 be approved on first reaiing, orjere~ publi~hed, pubJic hearing be set for ~oniay, April 13, 1992 at 7 30 p m in City Council Chambers, Municipal bldg , and if approvei on ~econd reading, take effect 1 day after final publication, seconjed by Mrs Brougham, carried B-O I tern 5 Council Bill 6 - An Ordinance vacating a portion of West 36th Place between Vance Street and Upham Street (Case No WV-91-B) at approximately 3600 Vance Street within the City of Wheat Ridge, County of Jefferson, State of Colorado Glen Gidley askei that Council Bills G and 7 both be passed on first reading and that after the public hearing either 6 or 7 be aiopterl Council Bill 6 has been recommended by the PJanning Commission, Council Bill 7 has been preparei as an alternative Mr Davi~ asked that extensive backgrouni material be included with the public hearing packet Council Bill 6 was introducej by Mr Shanley on first reading, title read by Clerk Motion by Nr Shanley that Council Bill 6 be approved on first reading, ordered pUbJished, public hearing be set for Monciay, April 13, 1992 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approvej on second reading, take effect 1 day after final publication, seconded by Mr Eafanti, carried 7-1 with Mr FIasco voting no Item 6 Council Bill 7 - An Ordinance vacating a portion of West 36th Place between Wadsworth Boulevard ani Upham Street (Case No WV-91-8) at apprOXimately 3600 Waisworth Boulevard within the City of Wheat Ridge, County of Jefferson, State of Colorado Council Bill 7 was introduced by Mr Shanley on first reading, title reai by Clerk Motion by Mr Shanley that rounciJ Bill 7 be approved on first reading, ordered published, public hearing be set for honday, April 13, 1992 at 7 30 p m in City Council Chambers, Municipal Bldg , ani if approvej on second reading, take effect 1 day after final publication, seconied by Mr Eafanti, carried 8-0 CITY COUNCIL MINUTES March 9, 1992 Page -5- DECISIONS, RESOLUTIONS, AND MOTIONS Item 7 Settlement of Luther~n Medical Center litigation John Hayes referre~ to the document included in the Council Packet and stated that after Council a~proval, this document will be signed tomorrow morning at 8 30 a m There are no changes from the time this was discussed with Council Motion by Mr Shanley to approve this jocument and authorize the Mayor to sign it as per approval of the Council, seconded by Mr Davis, carried 7-1 with Mr FIasco voting No He thinks it's wrong, it is opening up a can of worms and doesn't solve any problems He would much prefer to see it settled in Court CITY ADMINISTRATOR'S MATTERS Item 8 Motion by Phil Administrator Robert C Davis, carried 8-0 Edwards to ratify appointment of City Middaugh effective 3/16/92, seconded by Mr CITY ATTORNEY'S MATTERS John Hayes updated Council on the progress of the possible acquisition of the Wide Horizons property ELECTED OFFICIALS' MATTERS Item 9 I-lot ion by Mr alternate to carried 8-0 Eafanti that City Clerk Wanda Sang be appointed the CML Policy Committee, seconded by Mr FIasco, Phil Edwards commended Public Works on the job they did during the snow storm Tony FIasco reportej on a call he had on a flooding problem at 43rd & Teller and asked for future update on this matter He asked for Council consensus to have the snow plowing policy bruught before Council to discuss changes Consensus was ~ in favor Ron Selstad asked for consensus to hold an Executive Session at the next City Council Meeting prior to the meeting at 6 30 p m to discuss EDARC acquisition Consensus was 6 in favor Bill Shanley moved that in the interest of health, safety, and welfare of the citizens of Wheat Rirlge that the Council request Public Works and the City Attorney prepare legal and engineering documents to open up West 35th Avenue to Allison This motion also includes a request for the preparation of a condemnation ordinance and/or resolution, whichever is requirej, seconded by Mr Davis CITY COUNCIL MINUTES tvJarch 9, 1 Y92 Page -6- ~r FIasco movej for an amendment that in the interest of health, safety, and welfare of the citizens of ~heat Riige the City Council request Public ~orks and the City Attorney to prepare legal ani engineering documents presenting both sides of the issues including opening Yukon, Zephyr as well as Allison This motion also includes the request of preparation of condemnation ordinance and resolution if required for all three proposals and also bring forth the information on the light at 35th & Wadsworth, seconded by Vance Edwards Mrs Brougham asked if Mr Shanley had brought this up a few months ago Mr Shanley nodded She declared that according to Council Rule 6 3, Mr Shanley could not bring this up again at this time She further expounded that Mayor ~inger would not be allowerl to vote on this City Attorney John rlayes disagreed with her and stated the Mayor could vote on this ~rs Eruughaw arguerl that the reason we ~lad adoptecl Rule 6 3 was that items would not be battered about month after month after they had been decided She rlemanded that the Mayor rule that our rule stands City Atturney said Council can waive their rules Motion by Mr Shanley that we waive Rule 6 3 so that we can vote on the motion and amendment, seconded by Mr Davis, failed 4-4 with Councilmembers Phil Edwards, Eafanti, Shanley, and Davis voting yes Mayor Winger broke the tie by voting yes ~otion carried 5-4 Mrs Brougham stated she had 4 calls from residents of Valencia, she has never received a call from the hun~reds of residents in those apartment buildings Wheat Ridge Plaza has been harmed and the Union Building by this blockage Mr Smaldone has clone the harm She clisagrees with Mr FIasco's amendment This closure was ordered by the judge Nothing has changed since then At the very least there should be discussion There is no sense to this She is very upset that Mr Shanley thinks he can just open that up Many people have spent good money on a lawyer and the judge orderej it closed John Hayes explained that the the City from further action the settlement agreement said done Court Order by itself does not preclude It simply requires the City to do what at that particular time, which we have Vote on Mr FIasco's amendment Edwards, Brougham, FIasco, and no Motion failed 4-5 failed 4-4 with Councilmembers Vance Selstacl voting yes Mayor Winger voted CITY CGUNCIL hINUTc.S ~j ar c h 9, 1992 Page -7- Vote on uriginal motion failed 4-4 with Davis, Eafanti and Shanley voting yes Motion carriej 5-4 Council members Phil Ejw~rds, Mayor winger votej yes Mrs Brougham demanied that her comments be reflectei in the Minutes Motion by Mr Flasco to adjourn, seconded by Mr Shanley, carriej 8-0 Meeting adjournej at 9 45 p m --.-.A ~.-/J, '" wancla ;:;a~g'-;-Bty c:;) erk APPRuHD frY CITY COUNCIL ON MARCH 23, 1992 BY A VOTE OF 8 //; --4 ,~~ !!:.l<i ~-" 6.::L________ Kent Davis, Council President TO O.