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
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