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
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