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HomeMy WebLinkAbout04/13/1992 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO April 13, 1992 The ~ity Council Meeting was called to orjer by the Mayor at 7 30 p m Councilm~mb~rs present Elis~ Brougham, K~nt Davis, Don Eafanti, Phil Edwards, Vanc~ Edwards, Tony FIasco, Ron Selstad, and Bill Shanl~y Also present City Clerk, Wanda Sang, City Administrator, Robert Midjaugh, City Attorney, John Hay~s, City Tr~asurer, Jim Malone, Dir~ctor of Planning, Glen Gidley, Chi~f of Police, Jack Hurst, Director of Parks, Gary Wardle, Dir~ctor of Public Works, Eob Go~b~l, staff, ani interest~d citizens APPROVAL OF MINUTES of March 23, 1992 Motion by Mr Eafanti for the approval of the Minut~s of March 23, 1992, seconded by Vance Eiwards, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor ~inger read the Proclamation for Community COllege Month and presented it to Deborah Martin of Rei Rocks Community COllege CITIZENS' RIGHTS TO SPEAK Ther~ was no one present to sp~ak LOCAL LIQUOR LICENSING AUTHORITY MATTERS I tern 1 Transfer of Ownership from Texaco of Colorado, Inc , Stor~ #1311, 3790 Waisworth Blvd , Wh~at Ridg~, to Cono-Services, Inc , iba Conoco #Ob439 Alan Dill, 455 Sherman Stre~t, attorney for applicant, was pr~sent and sworn in by the Mayor He asked for approval of this transfer Motion by Mr Shanl~y to approve the Transfer of Own~rship from Texaco of Colordo, Inc , Stor~ #1311, 3790 Wadsworth Blvrl , Wheat Ridge, Colorado, to Cono-Services, Inc , iba Conoco #06439, for the following reasons 1 All applicatiJns and f~es required by statute hav~ b~~n filed anj paii, 2 The applicants will b~ entitlei to occupancy of tfJe premises by virtue of a signed sublease am~nim~nt iated Narch 9, 1992, 3 The applicants have been cl~ared by the ~BI and FBI, s~coni~d by Mr Eafanti, carriei 8-0 CITY COUNCIL MIhUT~J April 13, 1<;92 Page -2- Item 2 Tran<;fer of Owner<;hip frOllJ CDS Investw-:;nt<;, Inc , iba Jocks Sport Salon, 10051 1-70 frontage Roai, Wheat Ridg-:;, to The Arcana Group, Lti Gary Kleiman, 633 17th Street, #2200, Denver, attorn-:;y for the applicant, was pres-:;nt ani sworn in by the Mayor He askei for approval of the transfer Joe DeBaise, 1b25 Larimer Street, Suite 2603, applicant, was sworn in ani answerei CounciJ' s questions Motion by Phil Eiwarjs Investments, Inc , rlba Wheat Riige, Colorado, reasons 1 All applications ani fees required by statute hav-:; been filei and pai j, 2 The applicants virtue of a signed 3 The applicants Department, secondej by Mr Eafanit, carried 8-0 to approve the Transfer of Ownership from CDS Jocks Sport Salon, 10051 1-70 Frontage Road, to the Arcana Group, Lti , for the following will be entitled to occupancy of the Jease dated March 19, 1992, have been cl-:;arej by the hheat Rirlge premises by Polic-:; Item 3 Liquor Renewal Hearing for Club Peaches, 7777 W 3~th Avenue, Wheat Ridge Kevin Wein, 5105 DTC Parkway, Suit-:; 202, Englewooi, attorney for the applicant, was sworn in by the Mayor Shah Mansoor Shawn, 7777 W 38th Av-:;nue, own-:;r of Club P-:;aches, was present an~ sworn in by the Mayor Chief Jack Hurst of the Wheat Ridge Police Department reported concerns regarding conditions that exist at Club Peaches ani the property just adjacent to the premises He felt it was necessary to bring this to the Liquor Authority's attention He th-:;n referred to the numerous calls answered regarding Club Peaches ani the many officers and man hours usei for this establishm-:;nt ani their parking Jot Concerns incluiei patrons with guns and knives, iisorierly coniuct, littering, D U I 's ani irastically rerluced poJice service to the rest of the City He suggested that off-duty police officers and 1 police car be hirerl by the Club on Wednesiay nights to provide security ani a deterrent Bill Powell, 7500 h 29th Av-:;nue, Finance Assistant for the City of Wheat Ridge, WdS sworn in by the Mayor He stated that Club Peaches had an assessment of $10,332 38 against thew from a sal-:;s ani use tax audit They have been under-reporting their saJes and use tax Mr Shanley clarified that Club Peaches actually only owed $3,294 25, the other amount was for Wilmor-:; Liquors SITY SOUNCIL MINUTeS ApriJ 13, 1992 Page -3- Van Carver, b735 h 31st Avenue, was sworn in by the Mayor, he has a small apartment building adjacent to Peaches ani has had numerous complaints from the residents there about late night noise Mr Wein stated that the tax is not in default yet and this will be resolved, Mr Shah has been iiligently working with the Police to alleviate problems, they are willing to hire off-duty police officers and a police car for additional security Motion by Mr Davis to briefly adjourn for legal consultation, seconded by Mr Eafanti, carried 8-0 Motion by Mr Selstad that the City of ~heat Ridge set a Show Cause Hearing to be held on May 11, 1992 at 6 00 ~ m to consider whether to rescind or renew the liquor license for Club Peaches pursuant to a violation of regulations 12-47-105 1 A Conduct of Establishment, as well as CRS 12-47-109 1 B , 12-47-107 1 C The hearing to be held under the following statutes 12-47-106 1 Band 12-47-110 1, seconded by Mrs Brougham, carried 7-1 with Mr Shanley voting No The following motion is a City Council motion and not a Liquor Authority tJlotion Motion by Mr Selstad not to provide the police cruiser or the police officers, seconded by Mr Davis, failed 4-4 with Councilmembers Davis, FIasco, Eafanti, and Selstad voting yes Mayor Winger brake the tie vote by voting no police officers and a police cruiser The City will provide PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 4 Council Bill 5 - An Orjinance amending various provisions of Chapter 22, Taxation, of the Code of Laws of the City of Wheat Ridge Council Bill 5 was introduced by Mr Selstad on second reading, title read by the Clerk, Ordinance No 893 assigned Motion by Mr Selstad for the adoption of Council Bill 5 (Ordinance 893), seconded by Vance Edwards Mrs Brougham askej for a friendly amendment to add Mr Hayes' amendment provided in his memo of April 7. 1992, that Section 7 Section 22-58 rearl (25 5) Medical Supplies and Medical Equipment All Medical Supplies and Medical Equipment which are purChased by, or for use and/or consumption within, a charitable or not-for-profit healthcare facility to which an exempt institution license has been issued by the Treasurer, provided said not-far-profit healthcare facility employs more than one hundrej (1UO) persons within the rity of Wheat Ridge, provides more than one hundred (100) hospital bed spaces on an ongoing basis, and provided said health care facility has entered into an agreement, approved by the Wheat Ridge City Council, providing for ongoing payments to the City of Wheat Ridge relating to the mutual services provi~ed by anrl between the City and the health care facility CITY COUNCIL MINUTES A f-lr i I 1.3, 199'" Pagp. -4- Mr Selstad and Vance Edwards accepted thi~ as a frip.nd]y amendment Motion as amended carried 8-0 Motion by Mrs Brougham to recess, carried 5-3 with Mr Davis, Mr Shanley, anrl Mr Selstad voting no Item 5 Council Bill 6 - An Ordinance vacating a portion of West 36t~ Place betwl':en Vance Street and Uf-lhaBi Strl':et (ra~e No \~V-91-8) at approximatl':ly 3600 Vance Street wit~in the City of Wheat Ridge, rounty of Jefferson, State of Colorado Item 6 Council Bill 7 - An Ordinance vacating a portion of West 36t~ Placl': between ~adsworth Boull':vard and Upham Street (Case No ~V-91-8) at approximately 3600 hadsworth Boulevard within the City of Wheat Kidgl':, County of Jefferson, State of Colorado Mr Shanley introduced Council Bill~ 6 ani 7 Clerk read both titles Ordinance No 894 will be assigned to whichever Council bill is approved Mr Middaugh gave comments on both Council Bills He told Council that the staff recommendations ani the Planning Commission's recommendations are basically the same with two addition~ They both agree that the 36th Place rig~t-of-way between Vance and Upham be vacated On 36th Place from Vance to Wadsworth, the right-of-way status be downgraded from a full street to a public out Also that a barricade be placed at Wadsworth preventing any I':ntry unto Wadsworth from the 36th Place alleyway that the staff and the Planning Commission agree should rl':main The two aidition~ to thl': Planning Commi~sion's recommendation~ are (1) The public alleyway be paved from Vance westl':rn boundary of the Methodist Church property, and u~ing a portion of the funds escrOwed from the Methodist Church originally to build the full ~treet Estimate of cost is between $2,000 and $2,500 The work would bl': performed by City crew~ and the $6,000 would then be returned to the Methodist Church (2) The Church then bl': granted a limitl':d parking permit to use a portion of the paved alleyway and then thl': balance of the alleyway be used as part of their parking lot Mr Gidll':Y presl':nted both Council 8ills 6 & 7, and Council questioned Mr Gidley regarding all options Dr Waltl':r 80igegrain, 7530 h 38t~ Ave, was sworn in by Mayor Winger Dr Boigegrain asked for denial of Council Bill 6, approval of Council Bill 7, and the return of the propl':rty and money to the hheat Ridgl': Uniterl Methodist Church He questioned the use of City money to pave a private alley (Mr Hayes responded this would be a pUblic alley) CITY COUNCIL MINUTES April 13, 1992 Page -5- George Holte, 4190 Carr Street, was sworn in by the Mayor He has been a member of the Wheat Riige United Metho~ist Church for the past 40 years and is the current chairman of the Boari of Trustees, spoke on his persona] views and those of the congregation He urged Council to vacate W 36th Place from Wadsworth to Upham and return the escrow payment to the church He offered Mr Owens and his employees the access across the church property for as long as ~r Owens owns his property Motion by Mr Flasco to suspend the Rules and go past 11 00 P m and finish the Agenda, seconde~ by Mrs Brougham, carrie~ 7-1 with Mr Davis voting no H M Townsend, 10bOO W 38th Avenue, reiterated what the previous speakers said He read from the Escrow Agreement between the church and the City, which said "It is also understood that all the money shall be refunded to the Church without interest in the event West 36th Place is abolished as 8 street prior to any construction" Willard Owens, 3650 Wadsworth Blvd, was sworn in by the Mayor He wants things left the way they are, because he neeis both accesses to his property He stated that is the way he bought it in 1985 and wants the status quo Tony Ficco, 12425 W 38th Avenue, was sworn in by the Mayor He gave baCkground on how his development was planned with City staff, including the nine different ponds on their property for drainage, density, traffic flow, reduced amount of run-off, W 36th Place vacation, he has a 96 page drainage report that was revised numerous times, they did what they had to rlo, they have the approved plan, nobody knows what is going to be developed in the future on these parcels and Council decision should not be based on that, they dedicated an additional 25f~ for a wider street on top of the 20ft they had ~reviously dedicated They feel they have done everything they can to make the City happy, but it never seems enough Motion by Mr Shanley that rouncil Bill 6 (Ordinance 894) be approved on second reading which provides for the vacation of right-of-way for West 36th Place between Upham Street and ~ance Street His comments were that we do not vacate any other property, not close the street, return the church's escrow funds in total Seconded by Mr Davis Mr Selstad will vote no, he treating the church property to the south woul~ vote for total vacation, we are different than we are treating the property Motion carried 6-2 with Mr Selstad and Vance Edwards voting no Motion by Mrs Brougham that Council Bill 7 be withdrawn, seconded by Mr Davis, carried 7-1 with Vance Edwards voting No CITY COUNCIL MINUTES April 13, 1992 ORDINANCES ON FIRST READING Page -6- I tern 7 Council Bill 8 - An Oriinance repealing the provisions of Chapter 25, Article II, Urban Renewal Authority, of the Coie of Laws of the City of Wheat Riige, providing the effective jate of <;ai i repeal being December 1, 1992 Council Bill ~ was introjucerl by Mr Shanley on first reading, title read by Clerk Motion by Mr Shanley that Council Bill 8 be approved on first reading, ordered publi<;hed, public hearing be set for Monday, May 11, 1992 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approvej on second reading, take effect 15 days after final publication, seconded by Phil Edwards, carried 6-2 with Councilmembers Phil Ejwari<; and Don Eafanti voting no I tern 8 Council Bill 9 - An Ordinance authorizing the issuance and sale of $11,500,000 maximum aggregate principal amount of City of Wheat Ridge, Colorado, qualified 501(c)(3) Revenue Bonrls (Mountain Vista Health Center, Inc - Mountain Vista project) Series 1992, authorizing the execution and delivery by the City of a mortgage anj loan agreement, an indenture of trust, a placement agent agreement, closing documents, and such bonds in connection therewith, making determinations as to other matters relating to such financing, and repealing action heretofore taken in conflict herewith Council Bill 9 was introducei by Mr Selstad on first reading, title read by Clerk Motion by Mr Selstad that rouncil Bill 9 be approved on first reading, orjered published, public hearing be set for Monday, May 11, 1992 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on <;econd reajing, take effect 1 day after final publication, seconded by Mr Shanley, carried 7-1 with Mr Flasco voting no DECISIONS, RESOLUTIONS, AND MOTIONS I tern 9 Resolution 1289 - amenjing Resolution No 1139, Series of 1989, as extended by Re<;olution No 1186, Series of 1990 and as amended by Resolution No 1229 and 1233, and calling for a public hearing on the issuance of qualified 501(c)(3) bonds for the use of Mountain Vista Health Center, Inc Resolution 1289 was introduced by Mr Selstad, title read by the Clerk Motion by Mr Selstad for the adoption of Resolution 1259, seconded by Mr Shanley Floyd Harrison, 4700 Tabor Street, was sworn in by the Mayor, thanked Council for their support and a<;ked for approval of the Resolution Motion carried 7-1 with Mr FIasco voting no CITY COUNCIL MINUTES April 13, 1992 Page -7- Item 10 Motion to approve athletic fieli lig~ting replacement at Ranjal1 Park Motion by Mr Shanley t~at the Athletic Fie11 Lighting Replacement Project (RFB #92-15) be awarded to The Other Electric Company in the amount of t~eir bid of $41,485 00, that a maximum amount of 2% of the bid amount, $830 00, be allocaterl for payment of any early completion of the pruject, t~at a 10% contingency in the amount of $4,149 00 be established, that the Director of Parks and Recreation be authorized to issue change orders up to the total contract amount ani contingency amount of $45,634 00 anj that all costs associated with this project be c~argej to Acct No 54-601-877, that the funds be encumberej for the length of the project which expressly 81lows the expenditure of funds in 1993 for this project in accordance with Ordinance #787, 1989 Series I further move that $21,464 00 be transferred from the Conservation Trust Fund Maintenance Projects, Acct No 54-601-877 to the Conservaction Trust Fund Development Projects, Acct No 54-601-862, seconded by Mr Eafanti, carried 8-0 Item 11 City Council Report Regarjing Storage Facilities and Available Options Motion by Mrs Brougham that $9,000 be transferred from Acct No 01-607-795, Unallocatej Fund Balance, to Acct No 01-212-758, to be used for lease payments for a police storage facility I move that the City Administrator be directed to prepare a Request for Proposals for a 4,900 sq ft police evidence storage facility at the Public Works Shop to be paid for through a lease/purchase arrangement to be negotiated after the solicitation of bids and an award by the City Council, seconded by Phil Edwards, carried 7-1 with Mr FIasco voting no CITY ADMINISTRATOR'S MATTERS Robert Middaugh addresse1 38th Avenue Planters Motion by Mrs Brougham to place the purchase of these planters on the next regular meeting and to approve the recommende1 sites, seconde1 by Mr Davis, carried 7-1 with Mr Shanley voting no Mr Middaugh referred to his memo regarding hazardous materials drop off facility contribution ani will bring this in to the next meeting He askei if he coul1 attend a cable franchise renewal seminar, it would be an a1vantage for somebody from the City to go to this, if he can go, it would mean two out-of-state trips, since he is planning on attending his professional conference this fall Motion by Mr FIasco to give permission for Mr Middaugh to take two out-of-state trips, seconded by Phil Edwarcts, carried 6-2 with Mrs Brougham and Mr Selstaj voting no Mrs Brougham feels there will be documents the City can get from this and a trip is not necessary ~ITY ~OUNCIL MINUTES April 13, 1Y92 Page -8- CITY ATTORNEY'S MATTERS Mr Hayes apprised the rouncil of t~e peniing lawsuit brought on by a mother of a minor child, Winston Dipple, who was arrested ani convicted by the court This suit had to 10 with the inadequate design of the holding facility ani other allegations A settlement of $3,000 from CIRSA to cover the costs incurred by the plantiff will be paid and an agreement to establish snme iates on the part of the City to review the builiing design Mr Hayes askei Council to authorize settlement of this lawsuit from CIRSA fur $3,000 Mr Shanley so movej, secondei by Mrs Brougham, carried 7-1 with Mr Davis voting no ELECTED OFFICIALS' MATTERS Wanda Sang askej Council for a clarification on the election Ordinance Motion by Mr Selstad to move on, seconded by Mr Davis, carried 5-3 with Mr Shanley, Mrs Brougham, and Vance Edwarjs voting no Motion by Mr Davis that the meeting be adjourned, secondei by Mr Shanley, carried 6-2 with Vance Edwards ani Ron Selstad voting no Meeting adjourned at 1 10 A M 0- I ". Wanda-Sang, City Clerk APPROVE~ BY CITY COUNCIL ON APRIL 27, 1992 BY A VOTE OF _"..-5:/::",,-/ ;: 1 ,,_, '-L) ____~_ Kent Davis, Council President 8 TO 0