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