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HomeMy WebLinkAbout05/11/1992 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO May 11, 1992 The City Council ~eeting was callei to orier by the Mayor at 7 30 p m Councillliembers 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 Administrator, Robert Midiaugh, City Attorney, John Hayes, City Treasurer, Jim Malone, Director of Planning, Glen Giiley, Chief of POlice, Jack Ifurst, Director of Parks, Gary Wardle arrived at b 25 pm, Director of Public Works, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of April 27, 1992 Motion by Mr Eafanti for the approval of the Minutes of April 27, 1992, seconded by Mrs Brougham, carried 8-0 Mayor Winger commented on the death of Ted Erickson, former Wheat Ridge Postmaster, member of the Historical SOCiety, ani member of Boards and Commissions of the City Mayor Winger then asked rity Prosecutor, Rick Gleason, to update the Liquor Licensing Authority on Club Peaches Rick Gleason, 1775 Sherman Street, Denver, referred to the memorandum he had distributed to the authority and requested that the Club Peaches hearing be continued There are additional facts which should be brought before the authority He recommended that the authority continue this hearing for approximately 30 days to a date to be determined this evening ani that an appropriate probable cause finding be made in regard to the violations outlined in his memorandum Kevin Wein, attorney for Club Peaches, agreed to the continuance and stated that his client woul~ be out of the country from June 3rd until June 23rri Motion by hr Shanley that we hear this case at the first available Council Meeting after June 23, 1992, seconded by Phil Edwards, failed 3-5 with Councilmembers Selstad, Phil Edwards, and Eafanti voting yes Motion by Vance Edwards to hold a Special Meeting on June 1st at 5 30 p m to hear this case, seconded by Mr FIasco, carried 7-1 with Phil Edwards voting no Motion by Mr FIasco that a written show cause orier be issued based on Section 12-47-129 (4)(a), seconied by Vance Edwar:is, carried 7-1 with Mr Shanley voting no ~ITY COUN~IL MINUTES t-'layll,1992 Page -2- CITIZENS' RIGHTS TO SPEAK Tom Shockley, 11605 W 46th Avenue, was sworn in by the Mayor, he was recently citei for having a dumpster on his property, which has been there a number of years, he asked that the dumpster be allowed to remain, there have been no complaints from his neighbors, only from code enforcement Mr Shockley was advised to take that up with the Planning Department Item 1 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING TEFRA hearing with respect to the issuance by the City of Wheat Ridge, Colorado of $11,500,000 maximum aggregate face amount of its qualified 5Ul(c)(3) Revenue Bonds for Mountain Vista Health Center nursing home (Supporting documents available for review in City Clerk's Office) Floyd Harrison, applicant, and Arnold Kaplan, Bonrl Sounsel, were present and gave update on project and answered questions There was no one present to speak on this agenda item unier public hearing roster Item 2 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 Bonds (Mountain Vista Health Senter, Inc - Mountain Vista project) Series 1992, authorizing the execution and delivery by the City of a mortgage ani 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 introducej by Mr Selstad, title read by the Clerk, Ordinance No 895 assigned Motion by Mr Selstad for the adoption of Oriinance 895, seconded by Mr Davis, carried 7-1 with Mr FIasco voting no Mayor Winger aske1 Council's permission to change the order of the Agenda to hear Item 11, Item 3, Item 5 and Item 6 in that order All these items are connected Vance Ejwards so moved, seconded by Mrs Brougham, carried 5-3 with Councilmembers Phil Edwards, Davis, and FIasco voting no Item 11 Motion to appoint Thomas Slattery to EDARC Mayor Winger explained that Pat Garrity's term had expired in November and that she no longer resided in District I He recommended that Thomas Slattery be appointed from District I CITY COUNCIL MINUTES tvjay 11, 1992 Page -3- Motion by Mr Sel~tad that the Council ratify the appointment of Tom Slattery, seconded by Vance Edwards, carried 5-3 with Councilmembers Phil Edwards, Davis and Shanley voting no Item 3 Council Bill 8 - An Ordinance repealing the provisions of Chapter 25, Article II, Urban Renewal Authority, of the Code of Laws of the City of Wheat Rirlge, providing the effective date of ~ai d repeal being December 1, 1992 rouncil Bill 8 was introduced by Mr Shanley, title read by the Clerk, Urdinance No 896 assigned Motion by Mr Shanley to table this Ordinance, seconded by Phil Edwards, carried 7-1 with Mr FIasco voting no Mrs Brougham insisted that the Mayor's comments be reflected in the record Mayor Winger had read from RoGerts Mules of Order and Procedure that a tabled ordinance coulrl be brought back at any time in the future Item 5 Council Bill 13 - An Ordinance amending various provi~ions of Article II of Chapter 25, Urban Renewal Authority, of the Code of Law~ of the City of Wheat Ridge Council Bill 13 was introduced by Mr Selstad on first reading, title read by Clerk Motion by Mr Selstarl that Council Bill 13 be approvej on first reading, ordered pUblished, public hearing be set for Monday, June 8, 1992 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconded by Vance Edwards, carried 5-3 with Councilmembers Phil Edwards, Davis and Shanley voting no I tern 6 Resolution 1291 - amending the Wheat Ridge Town Center Project Urban Renewal Plan, as adopted by Resolution 1053, Series of 1987 Resolution 1291 was introduced by Vance Edwards, title reaj by the Clerk Motion by Vance Edwards for adoption of Resolution 1291, seconded by Mr Selstad Mr Selstad asked for a friendly amendment to change paragraph C to read "Until the effective date of abolishment of EDARC, no tax increment or other funds in the possession of EDARC shall be expended or otherwise distributed except upon projects, or pursuant to contracts, or pursuant to budgets, which have been approvej by a majority of the members of the Wheat Ridge City Council present and voting at a regular or special city council meeting" This was accepted as friendly amendment Motion carried 5-3 with Councilmembers Phil Edwards, Davis, and Shanley voting no CITY COUNCIL MINUTES May 11,1992 Page -4- Motion by Mr Selstarl that by the June 8, 1992 City Council Meeting the City Attorney bring in an Intergovernmental Agreement with EDARC firmly setting out how we are going to operate and addressing the concerns we have, seconded by Vance Edwards, carried 5-3 with Councilmembers Phil Edwards, Davis, and Shanley voting no Motion by Mr Selstad to move Council Bill 8 off the table and bring it back on June 8, 1992, seconied by Mrs Brougham, carried 5-3 with Councilmembers Phil Edwar1s, Davis, and Shanley voting no Item 4 Council Bill 12 - An Ordinance providing for the approval of rezoning from Restricted-Commercial to commercial-One on land located at 7400-7490 West 38th Avenue, City of ~heat Ridge, County of Jefferson, State of Colorado (Case No WZ-92-1) (Jeanette Wirtz for Papedo Enterprises) Council Bill 12 was introduced by Vance Edwards on first reaiing, title read by Clerk Motion by Vance Edwards that rouncil Bill 12 be approved on first reading, ordered published, public hearing be set for Monday, June 8, 1992 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Mr Eafanti, carried 8-0 Item 7 Acceptance of Warranty Deed for 7960 W 38th Avenue Motion by Vance Eiwards that the City of wheat Riige accept the Warranty Deed for this segment as presented I further move that the sum of $10 00 be paii for the parcel and that this amount be taken from Capital Projects Fund Acct 30-303-875, seconded by Mr Eafanti, carried 8-0 Item iJ Purchase of land for 41st & Kipling Pedestrian/Bike Path Crossing Motion by Mrs Brougham that the City of Wheat Rirlge purchase the property described as Parcel A of Tract I, Slevings Subdivision containing 1950 square feet located at 3975 Kipling Street at a cost of $9,495 00 I further move the City of ~heat Ridge purchase a 30 day construction easement on the property described as Parcel AI of Tract I, Blevins Subdivision, containing 2600 square feet of lani located at 3975 Kipling street at a cost of $117 UO I further move that the City of Wheat Ridge purchase a 30 day construction e~sement on the property described as Parcel AII of Tract II, Blevins Subdivision containing 7680 square feet of land located at 3975 Kipling street at a cost of $10 00 I further move all costs be charged to Acct 32-601-886, seconded by Mr Selstad, carried iJ-O Motion by Mrs Brougham that the City of wheat Ridge purchase the property described as Parcel B containing 2800 square feet of land located at 4075 Kipling Street at a cost of $15,264 00 I further move the City of Wheat rIdge purchase a 30 day construction easement on the property described as parcel BI containing 4075 1/2 square feet at a cost of $183 00 I further move that all costs be charged to Acct 32-b01-886, seconded by Mr Eafanti, carried 8-0 CITY COUNCIL MINUT~S May 11, 1992 Page -5- Item 9 Indoor Swimming Pool Feasibility Emery Dorsey, chair of the Indoor Swimming Pool Feasability Committe~ and memb~rs of the committe~ were present Emery Dorsey was sworn in by the Mayor and referrej to his letter to the Mayor, dated April 24, 1992 He and the committee recommeni the development and building of a multi-purpose recreational/indoor ~ool facility com~3rable to Option #3 in the attached papers Mr Wardle stated that there wouli be a public meeting for input on the various options Option #1 - Enclose eXisting 50 meter pool Option #2 - New aquatic facility Option #3 - New comprehensive recreation center The meeting will be held on May 21 at the Wheat Ridg~ Evang~lical Lutheran Church at th~ corner of 38th & Dudley It will start at 7 00 p m All thr~e options will be presenterl Motion by Mr Shanley that the Indoor Swimming Pool F~asability Committee proceed with the program development and site selection to complete preliminary design for a Multi-Purpose Recreation/Indoor Swimming pool comparable to Option 3, seconded by Phil Edwards Motion by Mr FIasco that the Indoor SWimming Pool FeasabiJity Committee proceej with the program to develop a recreation facility for the City of Wheat Ridge comparable to all three options, seconded by Mrs Brougham, failed 3-5 with Councilmembers FIasco, Brougham anj Vance Edwards voting yes Mr Selstad asked for a friendly amendment to Mr Shanley'S motion that instead of "site selection" we state site listings and evaluation pursuant to preliminary design Mr Shanley and second accepted this Original Motion as amended carried 6-2 with Mrs Brougham and Mr FIasco voting no Item 10 Motion to amend the contract with Barker Rinker Seacat & Partners for preliminary design for Recreation/Swimming Facility Motion by Mr Shanley that the contract with Barker Rinker Seacat & Partners be amended to include the preliminary iesign at a cost not to exceed $10,000 00 and that all cost be charged to Acct 54-601-862 I further move that $10,000 00 be transferred from 54-607-795, Conservation Trust Fund Unallocated to Acct 54-601-862 I further move that the funds be encumbered for the length of the project, which expressly allows the expenditure of funds in 1993 for this project in accordance with Ordinance 787, 1989 Series, seconded by Mr Selstad Mr Flasco will vote no because of the lack iesign of Options 1 and 2 and the citizens are being misled Vance Edwards will support this so we can expedite this process anrl the citizens have as much information as possible ani can evaluate this as best as they can Motion carried 6-2 with Mrs Brougham and Mr FIasco voting no ~ITY ~UUNCIL MINUTES hay 11,1992 Page -6- Item 12 fviotion to fill the part-time Clerk/Typist position in the City Clerk's Office (Authorizej as an agenda item by City Council at its Study Session of May 4, 1992) No motion was made CITY ADMINISTRATOR'S MATTERS Robert Middaugh handed out schedules for the budget work sessions and the budget schedule, he also handed out the proposed study session schedule, he gave information on the cable conference he had attended in hemphis last Friday, he asked for ~ouncil direction regarding the space study Council expressed concern that they had not been provided a drawing of a floor plan and insisted that a floor plan be provided to them Motion by Phil Edwards that in order to most utilize the expertise of Reck & Associates and the day to day work experience of the City staff and the preliminary design of the City building renovation addition and to proceed in the preliminary design in a more efficient and organized fashion the suggested space estimate plan be accepted as submitted with the understanding that the members of City Council will have an opportunity to review and discuss specific floor and space allocation plans at the meeting scheduled for June 15 and June 22, seconded by Mr Davis Mr FIasco will vote against this, it shows 42,000 square feet and there is no square footage for halls, walk-ways and stairs He has no idea what hr Reck is suggesting this builjing look like Until he sees a floor plan he will not agree to these recommendations Mr Selstad asked for a friendly amendment to include the May 27 meeting in the motion for Council input Nr Selstad also asked for a friendly amendment that the worjing "be accepted as submitted" be excluded Phil Edwards re-stated his motion to read That in order to most effectively utilize the expertise of Reck & Associates and the day to day working experience of the City staff in the preliminary design of a City builjing renovation addition and to proceej in the preliminary design in a more efficient and organized fashion, the suggested space estimate plans be accepted with the understanding that members of City Council will have an opportunity to review and discuss specific floor and space allocation plans at the meetings scheduled for May 27 and June 15 and be finalized June 22 Motion carriej 7-1 with Mr FIasco voting no Consensus was 8-0 to bring a motion to City Council regarding the $4,700 Uo expenditure for Hepatitis B vaccinations CITY COUNCIL MINUTES May 11, 1992 Page -7- CITY ATTORNEY'S MATTERS John Hayes will begin attending meetings regarding cable franchise He requested 2 separate executive sessions under sections 5 7(b)(3) anrl 5 7(b)l1)(B) Mr Davis so moved, seconded by Phil Edwards, carried 8-0 Executive session was held ELECTED OFFICIALS' MATTERS Elise Brougham asked that the Mayor and City Administrator write a letter to the Valencia board, the Wheat Ridge Plaza board and Mr Smaldone regarding Mr Hayes' legal memorandum on the rope barricade Robert Middaugh stated that the Mayor is handling this on a one-to-one basis Mrs Brougham insisted that the people be informed that this rope barricade cannot go up at will, they just don't understand Councilmembers Davis, Edwards and Shanley asked that their names not be put on any letter written to the people mentioned above ~layor Winger stated that no such letter would be written by the City, if Mrs Brougham wants a letter, she can send it herself Kent Davis inquired about "no parking" signs erected in a neighborhood, Mr Middaugh responded that this had been done at some residents' request hr Davis suggested that these signs be removed Mr Flasco stated that these matter should be decided by the Public Works Advisory Committee Motion by Phil Edwards to remove the signs until it comes to the committee, seconded by Mr FIasco, carried 8-0 Motion by Vance Edwards to suspend the Rules and go past 11 00 pm, seconded by Phil Edwards, carried 5-3 with Councilmembers Davis, FIasco and Shanley voting no Mayor winger asked Council if they would like to have the attorney prepare an ordinance to remove trash the same as we do weeds Vance Edwards askerl for Council consensus to evaluate if the time frame of junk and trash removal should be similar to weed removal (5 days) Consensus was 6 against, 2 for Don Eafanti reminded everybody of the garage sale on W 38th Avenue Ron Selstad asked if Code Enforcement could do something about all the signs put up allover the City, one person has them nailed up 15 ft high on the power poles Bill Shanley asked about how the work would get done in the City Clerk's Office with one person leaving and one going on vacation Could a temporary person be hired? City Clerk, Wanda Sang, replied she had no money in her temporary budget alld caul d not move any money out of the personnel budget CITY CuUNCIL MINUTES ~1 a y 1 1, 1 9 9 2 Page -8- Kent Davis suggested that Maggie, who used to work in the Clerk's Office, step in and help out and make copies He asked if Maggie would be available to step in and help out two or three hours, or half a day every couple of jays Robert Middaugh stated that things could be managed but not well, since a person in the sales tax department was already out with two surgeries and her jesk had to be covered Copies could be provided, but the office could not be open at all times Bill Shanley stated he was most concerned about the service to the general public Motion by Mr Shanley that we adjourn and go to executive session, seconded by Mr Davis, carried 8-0 Meeting adjourned at 11 47 a m EXECUTIVE SESSION WAS HELD. erk APPROVED COUNCIL ON JUNE 8, 1992 BY A VOTE OF 8 to o iJ ' l/ ."...c '?~j Davis, Council President