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HomeMy WebLinkAbout07/27/1992 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO July 27, 1992 The City Council Meeting was called to order by t~e 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 Administrator, Robert Middaugh, City Attorney, John Hayes, City Treasurer, Jim Malone, staff, and interested citizens APPROVAL OF MINUTES of June 22 and July 13, 1992 Motion by Mr Eafanti to approve the Minutes of June 22, 1992, seconded by Mr Shanley, carried 8-0 Motion by Mr Eafanti to approve the Minutes of July 13, 1992, seconded by I'lr Shanley Mr Selstad asked for an addition to these Minutes, to add under Elected Officials' Matters, Mr Selstad had the floor assigned to him, he was interrupted while he had the floor, by a call for the question Robert's Rules of Order says "After the floor ~as been assigned to a member, he cannot be interrupted by calls for the4uestion either by the chair or by another member Whenever any member is speaking, the chair should protect him and his right to address the assembly without interruption" He wants to see that rule applied hereafter and wants it stated in the Minutes Motion with Mr Selstad's addition carried 8-0 Mr Shanley introduced two Japanese exchange students welcomed them and presented them with gifts Mayor Winger Boy Scout Troop 240 was recognized and welcomed CITIZENS' RIGHTS TO SPEAK Dick Clinch, 3895 Allison Street, was sworn in by the Mayor, he is representing some residentq north on Allison Street, read a letter into the record protesting the removal of the light on W 38th & Allison Street He also presented petitions to the Clerk with 94 signatures protesting the removal of t~e light John Walker, 3860 Allison ~ircle, was sworn in by the Mayor, spoke against the removal of the traffic light Hank Seipp, 10850 W 41st Avenue, was sworn in by the Mayor, asked about the progress on the bikepath across 41st & Kipling, complained about manhole cover on W 41st Avenue and manhole covers in general, encouraged Council to read their packets CITY ~OUNSIL MINUTeS JuJ y 27, 1992 Page -2- Eugene Ricardi, 3870 Allison Street, was sworn in by the Mayor and spoke against removing the light on W 38th & Allison Mary Walker, 3860 Allison ~ircle, was sworn in by the Mayor, she depends on the light to get her across the street Mr FIasco asked for Council consensus to have Public Works investigate w~ether the light can be a fully operational light, consensus was 7 in favor karyl Balderston, 8425 W 38th Avenue, was sworn in by the Mayor, she stated that the City had given her permission to io dog grooming in her basement On July 8 she came to rity Hall and got a business license and permission from Greg Moberg to operate her business On July 23 a warning notice was posted on her door that she had 48 hours to close her doors She asked Council for a variance to operate in her house She has spent a lot of money on equipment and a bus-stop ad Mr Middaugh asked Council that he be given an opportunity to look into this and he will report back to Council no later than the next meeting Consensus was 8 in favor to allow Mrs Balderston to continue operating unti I ('ounci I made a final decision and she could use her mai I box ad Ken Borden, 8425 W 38th Avenue, was sworn in by the Mayor, he is temporarily residing with Mrs Balderston, spoke on her behalf Lloyd Pascal, 5055 Tabor Street, was sworn in by the Mayor, complained about the adjacent golf driving range and the many problems it caused him He has over 550 golfballs on his property, they have hit his car, his house, his porch, etc Motion by Mr Selstad to look at down-zoning the driving range, look into where the receivership stanis now, whatever we can do, bring in any options we might have, expedite this to bring it to Planning & Zoning, seconded by Mrs Brougham Mrs Brougham asked for an amendment that the City reinstitute the light violation immediately and look at the stipulations on the final development plan regarding lights, this was accepted by Mr Selstad He also addei to his motion that this be done as soon as possible Motion carried 8-0 Gene Pastor, 3815 opposition to the neighborhood used residential area informed Carr Street, was sworn in by the Mayor, he spoke in dog grooming business that was discussed earlier, to be nice and there shouldn't be any business in a There was nothing posted and the neighbors should be Lou Clements, 3825 Carr Street, was sworn in by the Mayor, lives three houses down from the dog grooming busi le~s and also spoke in opposition to a business in a residential neig~borhood, if this comes up again before Council, many more people will show up and speak against it CITY COUNCIL MINUTES Jul y 27, 1992 LOCAL LIQUOR LICENSING AUTHORITY MATTERS Page -3- Item 1 Application for a Special Events Permit for the Wheat Ridge Carnation Festival Motion by Vance Erlwards to approve the Special Events Permit for the Arvaia Jaycees, POBox 178, Arvada, Colorarlo, at the location of the hheat Ridge Carnation Festival, field Park at 44th & Field in Wheat Ridge, to dispense malt, vinous and spirituous liquor (6% beer) on August 19, 1992 from 6 00 p m to 12 00 am, on August 20, 1992 from 6 00 p m to 12 00 a m and on August 21, 1992 from 12 00 noon to 12 00 am, seconded by Mr FIasco, carried 8-0 Item 2 Application for a Speci~l Events Permit for the Committee to elect Michelle Lawrence Motion by Mr FIasco to approve the Special Events Permit for the Committee to elect Michelle Lawrence, at the location of 4901 Marshall Street, Wheat Ridge, to dispense malt, vinous, and spirituous liquor on August 23, 1992 from noon to 8 00 p m I further authorize the Mayor to sign the approval for the Special Events Permit, seconded by Mr Selstad, carried 8-0 Item 3 Application for Transfer of Ownership for Mi Cabana Inn, 7630 W 44th Avenue, Wheat Ridge Motion by Mr FIasco to approve the transfer of ownership from Mi Cabana Inn, Inc to Iniguez, Inc , dba Mi Cabana, 7630 W 44th Avenue, Wheat Ridge, for the following reasons 1 All applications and fees requirerl by statute have been filed and paid, 2 The applicants will be entitled to occupancy of the premises by virtue of a signed lease assignment rlated June 15, 1992, 3 The applicants have been cleared by the Police Department, seconded by Phil Edwards, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 4 Council Bill 16 - An Ordinance providing for the approval of rezoning from Restricted-Commercial to Commercial-One on land located at 4601 Harlan Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-92-3) Council Bill 16 was intrJduced by Vance E.dwards on second reaiing, title read by the Clerk, Ordinance No 901 assigned Motion by Vance Edwards that rouncil Bill 16 (Ordinance 901), a request for approval of a rezoning frolli Restricted-Commercial to Commercial-One for property locaterl at 46U1 Harlan Street be approved for the following reasons 1 The criteria used to evaluate a rezoning supports this request, and 2 Staff recommends approval CITY COUNCIL MINUTES JuJ y 27, 1992 Page -4- With the following condition Prior to the issuance of a permanent Sertificate of Occupancy, all landscaping requirements must be met, the parking lot must be striped, the southern curb cut to Harlan Street must be closed, and a pedestrian walkway be installed along Harlan Street, seconded by Mr Selstad Meredith Heckert presented the staff report Troy Barnhill, 3740 Jay Street, was sworn in by the Mayor and answered Souncil's questions Motion carried 8-0 Item 5 Council Bill 17 - An Ordinance providing for the rezoning from Planned Industrial Development District to a Modified Planned Industrial Development District and approval of a combined outline and final development plan and plat on land located at 5190 Parfet Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-92-5) (To be continued to August 10, 1992) Motion by Phil Edwards that this Item be continued to August 10, 1992, seconded by Vance Edwards, carried 8-0 Motion by Vance Edwards that Item 14 be heard at this time prior to the other items There are several people signed up to 1peak, seconded by Mrs Brougham, carried 7-1 with Mr Davis voting no Item 14 Motion re September Council Meetings Lisa Rosson, 9490 W 38th Avenue, was sworn in by the Mayor, asked that August 24 be the date for the final decision on the widening of W 38th Avenue Diane Fisher, 9450 W 38th Avenue, was sworn in by the Mayor, asked that the meeting be sc~eduled for August 24 instead of September Geoffrey Wodell, 3935 Garland Street, was sworn in by the Mayor, encouraged Council to vote as soon as possible on the widening of W 38th Avenue Motion by Mr Shanley to set September 14 as the date to make a decision on widening W 38th Avenue, there is to be no meeting an September 21, 1992, seconded by Mr Eafanti Mr FIasco moved to amend the motion that this be moved up to the August 24 meeting, seconded by Vance ldwards, carried 5-3 with Councilmembers Davis, E3fanti and Shanley voting llO Vote on original motion as amended carried 6-2 with Mr Eafanti and Mr Shanley voting no Decision on W 38th Avenue will be on August 24, 1992. CITY COUNCIL MINUT~S July 27, 1992 Page -5- Motion by Mr Davis to cancel the Study Se~sion in September, seconded by Phil Edwards, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 Resolution 1302 - authorizing transfer of the franchise and the Cable TelevisiJn System operating pursuant to the franchise from the franchisee to TWE Mr Middaugh explained the reason for Resolution 1302 and recommended approval Mr Davis will vote against this because of past problems with this cable company, frequent complaints from Council as to the quality of their community programming have fallen on deaf ears Mr FIasco will also vote against this for the same reasons that Mr Davis stated P~il Edwards will vote against this because of numerous problett]'l with community programming, all the equipwent was taken away, prowises to the City were not kept, t~is is an opportunity to sit down with the new people and have SOMe 1erious discussions before we approve this Vance Edwards will vote no because he strongly concurs with the above statements Mr Selstad will also vote no, let's try to get our problems resolved Motion by Mr Shanley for the approval of Resolution 1302, seconded by Mr Selstad, failed 8-0 Motion by Mr Selstad that after Mr Miiiaugh's review is completed, we set a permanent review hearing, seconded by Vance Edwards, carried 7-1 with Mr Davis voting no Mr FIasco asked that Council be actively involved in the review Mr Phil Edwards suggested t~at we might hire a technical consultant for a few days for his technical input Item 7 Resolution 1303 - approving an agreement between the City of Wheat Ridge, and the County of Jefferson regarding Enterprise Zone Designation and Zone Administration Resolution 1303 was read in its entirety by Mr Middaugh and he gave background on this Resolution Resolutiol 1303 was introduced by Vance Edwards, title read by the r:lerk Motion by Vance Edwards for the adoption uf Resolution 1303 with the change that in Section 2 it read that the City Administrator or his designee shall be designated as the Wheat Ridge Sub-zone Administrator Mr FIasco will vote against this, he sees no reason to pay somebody $1,000 per year for this Motion by Mr Selstad that we consider t~e contribution of $3,000 this year as the $1,000 paid for, seconded by Mr FIasco, failed 4-4 with Councilmembers FIasco, Eafanti, Brougham and Selstad voting yes Mayor Winger broke the tie by voting no Motion failed 5-4 Vote on original motion carried 6-2 with Mrs Brougham and Mr FIasco voting no CITY COUNCIL MINUTES July 27, 1Cj9c' Page -6- Item 8 Resolution 1304 - establishing reserve accounts and guidelines for use, and setting fund balance parameters This Resolution will rescind Resolution 725, Series of 1980, regarding previous reserve policies Resol ution 1304 was introduced by Mr S~afll ey, title read by the Clerk Motion by Mr Shanley for the approval of Resolution 1304, seconded by f'lr Selstaj Motion by Mr FIasco that in paragraph 3 the sentence "If a meeting is not called, the Mayor or City Administrator is authorized to approve the disbursements from the Fund, provided that a full report shall be made at the next regular meeting of the City Council giving the reasons, nature, and extent of such diSbursements" be deleted, seconded by Mrs Brougham, carried 6-2 with Phil Edwards and Mr Shanley voting no Mr Selstad asked fJr a friendly amendment that in paragraph 1 the words "unless specified otherwise by Council" be added after Capital Improvement Account This was accepted by motion-maker and second Motion as amended carried 8-0 Motion by Mr Selstad to suspend the rules seconded by Vance Edwards, failed 4-4 with Eafanti, Brougham and Selstad voting yes Mayor Winger broke t~e tie by voting yes and proceed past 11 00 pm, Councilmembers Vance Edwards, Motion carried 5-4 Item 9 Resolution 1305 - supporting a possible ballot question changing the number of Jefferson County Commissioners George TheophiJos from Jefferson County hand jelivered a letter from the Board of County Commissioners stating their position on this matter He also introduced Sherry weinstein, who was sworn in by the Mayor She served on the task force commissioned to stujy this issue She spoke against electing board members from districts Don Parker, 305 Lookout View Drive, Golden, chair of Pro 5 until recently, passed out literature in favor of Pro 5 proposal and spoke in favor of 5 commissioners from 5 districts Resolution 1305 was introduced by Mr Selstad, title reaj by t~e Clerk Motion by Mr Selstad for the adoption of ResJlution 1305, seconded by Vance Edwards Mr Phil Edwards will vote against this because he doesn't think it's appro~riate for this body to be voting on it, it will be on the ballot for t~e voters to decide Mr FIasco moved to amend t~e second paragraph from the bottom to re~d elected by the voters residing in Jefferson County Motion died for lack of second Mr Shanley called for the question, seconded by Mr Davis, carried 6-2 with Mr FIasco and Phil Edwards voting no CITY COUNCIL MINUTES July 27, 1992 Page -7- Vote on original motion failed 4-4 with Councilmembers Vance Edwards, Brougham, Eafanti and Selstad voting yes Mayor Winger broke the tie by voting yes Motion carried 5-4 Consensus to move to Item 13 was 6 in favor Item 13 Resulution on Fitzsimons Army Medical Center Dave Lynn, 16889 E Prentice Circle, Aurora, was sworn in and spoke in favor of the Resolution Motion by Vance Edwards for the aioption of Resolution 1308, seconded by Mr FIasco, carried 8-0 Item 10 Resolution 1306 - regarding muiifications of the Wadsworth Town Center Urban Renewal Plan, modifying thereby the provisions of Resolution 1053, Series of 1987, and Resolution 1291, Series of 1992, and finding and ieclaring that such proposed modifications constitute a substantial change to such plan Resolution 1306 was introduced by Mr FIasco, title read by the Clerk Motion by Mr FIasco for the adoption of Resolution 1306 and that the public hearing date be September 14, 1992, seconded by Vance Edwards, carried 7-0 wit~ Mr Davis abstaining Item 11 Resolution 13U7 - amending the City of Wheat Ridge Annual Budget for the year of 1992 (Park Maintenance) Resolution 1307 was introduced by Mr Selstad, title read by the rlerk Motion by Mr Selstad for the adoption of Resolution 1307, secunded by Mrs Brougham, carried 8-0 Mr Selstad noted that Mr Carl Cerveny had contributed $1,623 in memory of his mother Mrs Brougham asked that Mr Middaugh contact all the funding sources and invite them to the tree planting ceremony or at least state where the trees are planted Motion by Mr Selstad to authorize the transfer of $1,000 00 from Acct #607-795 (Unallocated Fund Balance) to Acct #01-603-861 (City Beautification), seconded by Mr Eafanti, carriei 8-0 Item 12 Resolutions regarding Governor Romer's proposed sales tax increase for education Motion by Mr Selstad to table t~i, item until January 1, 1993, seconded by Mr FIasco, carried 5-3 with Council members brougham, Davis, ani Shanley voting no ------" -------_..~._---_.~ ------.--~ CITY COUNCIL MINUTES July 27, 1992 Page -8- Item 15 Motion re of fl ags 3bth Avenue Merchants re~uest to accept donation Motion by Mr Eafanti to delay this item until we have time to sturly it further, seconded by Mr Davis, carried 7-1 with Mr FIasco voting no Item 16 CONSENT AGENDA A Budget Transfer regarding Workers ('uilJpe 1sation Expenses B Acceptance of Warranty Deed for 2990 Jay Street G Acceptance of Warranty Deed for 3790 AllisJn Court D Replacement of Troxler Nuclear Density Machine E Bid Award ~nd Financing for Police Evidence Storage Bldg F Comparable Cities for Pay Plan G Revokable License Agreement for 35th & Allison Motion by Mr 1. terns A E F G carried 8-0 Davis for the approval of the consent agenda, but that be voted on separately, seconded by Vance Edwards, B Motion that the City of Wheat Ridge accept the Warranty Deed for this portion of 2990 Jay Street as presented Further move that the sum of $1U 00 be paid for the parcel ad that this amount be paid from Capital Projects Fund Acct 30-302-833 C Motion that the rity of Wheat Ridge accept the ~arranty Deed for this segment as presented Further move that the sum of $10 00 be paid for the parcel and that this ~mJunt be taken from Capital Projects Fund Acct 30-303-875 D Motion that Public ~orks be authorized to replace the Troxler Nuclear De Isity Machine with a new Troxler Nuclear Density Machine at a cost not to exceed $6,000 00 That $6,000 00 be transferred from 01-303-807, Fleet Replacement, to 01-302-776, Other Equi~ment Maintenance A Motion by Mr Selstad that $20,000 be transferred from Acct #610-782 (Uninsured Losses) to Acct #610-621 (Workers CJmpensation expenses) to fund cOsts associated with Workers Compensation claims, seconded by Vance Edwards, carried 7-1 with Mr Davis voting no E Motion by Mr FIasco to table this item until after Special Election on September 8, 1992, seconded by Mr Davis, carried 6-2 with Council members Vance Edwards and Phil Edwards voting no F Motion by Mr FIasco to delete Lakewo01 from the roster of comparable cities, seconded by Mrs Brougham, failed 3-5 with Council members Brougham, Selstad, and FIasco voting yes Motion by Mrs Brougham tJ use Broomfield, EngleWOOd, Littleton, and Northglenn for comparison as similar cities, look at job requirements and also look at the workday, our employees work 7 1/2 hours per day, other people may work 8 hours a day, seconded by Mr FIasco, carried 5-3 with Councilmembers Davis, Selstad and Shanley v)ting no CITY ~OUNCIL MINUTES JuJ y 27, 1992 Page -9- Motion by Mr Shanley that the City of Wheat Riige utilize for the con,truction of the compen1ation plan the following citie~ Direct ~ompetition large cities regardless Lakewood, Arvada, and Westminster seconded by Phil Edwards, carried 6-2 with Mr~ Brougham and Mr FIasco voting no Motion by Vance Edwari, t1at 25% larger cities and 75% small cities be used for comparison, seconded by Mr Shanley, carried 7-1 with Mr FIasco voting no G Motion by Mrs Brougham that Resolutions 1292 and 1293 be po~tponed indefinitely, seconded by Vance Edwards Mr Davis asked for a friendly amendment that the petitions from north of W 38th Avenue be attac~ed to the agreement Thi~ was accepted Motion carried 8-0 Item 17 ~hange Order re architectural ~ervices Motion by Mr FIasco that the City Administrator be authorized to enter into a change order with a professional consultant for an amount not to exceed $3,000 to proviie ~upplemental services for the Municipal Building Expansion/Renovation program and that $3,000 be appropriated from the unallocated fund balance, Acct No 607-795 and transferred to Acct No 01-610-750, seconded by Mr Eafanti, carried 5-3 with ~ouncilmembers Vance Edwards, Shanley and Selstai voting no CITY ADMINISTRATOR'S MATTERS Robert Middaugh gave update OJ meeting of Cable Consortium he had attended Item 18 Administrator's Update - ISTEA Grant AppJications Motion by Mr FIasco to apply for these grant applications, seconded by Phil Ed wards Motion to amend by Mr Vance Edwards to inClude only t~e sound barriers along the sout~ side of I-70 and Kipling Street bridge for bug control and bikeway extension, seconded by Mrs Brougham, carried 5-3 with Phil Edward~, Shanley and FIasco voting no Original Motion as amended carried 8-0 CITY ATTORNEY'S MATTERS John_!:iayes a~ked if ~ity ~ouncil would approve the agreement with the Wheat Ridge Sanitation Di,trict Motion by Mr Selstad to authorize the Mayor to sign off on the agreement, Wheat Ridge will contribute $15,000, the Sanitation District will do the work ani provide any additional monies, secunded by Mr Vance Edwards, carried 5-3 with Councilmember~ Davis, FIasco and Shanley voting no CITY COUNCIL MINUTES July 27, 1992 Page -10- Mr Hayes a~ked for an executive ~ession to discuss liti~ation and the possible settling of litigation that the City has brought, this would be under Section 5 7(b)(1)(B) or 57(b)(3) There may be Council action required after the session Mr Selstad moved to have the exenutive session after Elected Officials Matters and adjourn following t~~ session, seconded by Mr Eafanti, carried 6-2 with Mr Davi~ and Mr Sh~nley voting no ELECTED OFFICIALS' MATTERS Mayor Winger advised Council that the City would place an ad in the paper advertising the Wheat Ridge Carnation Festival Bill Sha!11ey want~ everybody to know that he will not be able to be here on the August 24 meeting for the vote on W 38th Avenue, he will be escorting his laughter to COllege Ron Selstad asked that Mr Shanley leave his vote bef0r~ he leaves Mr Selstad complained about a 911 call he had placed today and he still had not received a response from the Police Department He was verj upset about this Commander Ray explained that an officer had responded within 5 minutes, but that they negle)ted tJ contact Mr Selstad Tony FIasco reported that today's EDAHC meeting had been cancelled because of a lack of quorum, he doesn't know when the next meeting will be he 1 d Phil Edwards stated that the general public was charged admission to attend the little league baseball tournament and people were upset to have to pay he need some drastic changes Elise Brougham wants her composting resolution as an agenda item, is very upset that Mr Shanley won't be here fJr the vote on W 38th Avenue Executive Session was held Meeting adjourned at 1 15 a m ^ dLl:kiliit.t.. Wanda Sang, City ~ erk 'PPROVE~ CITY COUNCIL dN 'UGUST 10, 1992 BY A VOTE OF _r~6-i~~~ Kent Davis, Council President 8 TO 0