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
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wancla ;:;a~g'-;-Bty c:;) erk
APPRuHD frY CITY COUNCIL ON MARCH 23, 1992 BY A VOTE OF 8
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Kent Davis, Council President
TO O.