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Home My WebLink About04/12/1993 CITY COUNCIL MINUTES rITY OF WHEAT RIDGE, COLORADO APRIL 12, 1993 The City rouncil Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Elise Brougham, Kent Davis, Don Eafanti, Phil Edwards, Vance Edwards, Tony Flasco, Ron Selstad, and Bill Shanley Also present City rlerk, Wanda Sang, City Administrator, Robert Middaugh, City Attorney, Jo~n Hayes, rity Treasurer, Jim Malone, Director of Planning, Glen Gidley, Chief of Police, Jack Hurst, staff, and interested citizens APPROVAL OF MINUTES of March 22, 1993 Motion by Mr Eafanti for approval of the Minutes of March 22, 1993, seconded by Mr Davi3, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Winger read the proclamation and declared Arbor Day/~eek - April 16-23, 1993 Mayor ~inger recognizej the Men's Garden Club and presented them with the ritizen's Appreciation rertificate Mayor Winger presented Jim Malone, City Treasurer, with the Award of Financial Reporting Achievement Mayor ~inger recognized and congratulated uorothy T~ompson of the United Neighborhoods organization for receiving the Outstanding Achievement Awarj from the United States Environmental Protection Agency CITIZENS' RIGHTS TO SPEAK Kenneth Siler, 3940 Allison St , was sworn in by the Mayor, read letter into record regarding Vance Edwards' Motion to intervene in case of Carl rervenv, George J Langdon, Kenneth K Siler, vs rity of ~heat Ridge, he questioned who will pay attorney fees and court costs LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for a new Class F - Beer and Wine License for Casa Blanca, Inc , dba Casa Blanca Mexican Resta~rant, 4101 Kipling Street, Wheat Ridge, Colorado GITY COUNCIL MINUTE~ APRIL 12, 1993 Page -2- Victor Luevano, 432b Wyandot, requested the Beer & Wine License be granted for Casa Blanca at 4101 Kipling St Motion by Mr Shanley to approve the application for a new Class F - Beer and Wine License for Casa Blanca, Inc , dba Casa Blanca Mexican Restaurant, 4101 Kipling Street, Wheat Ridge, for t~e following reasons (1) All applications and fees required by statute have been filed and paid, (2) notice of hearing and posting of premises have been accomplished according to statutory requirements, (3) the applicants will be entitled to occupancy of the premises by virtue of a signed lease dated June 18, 1992, (4) the applicants have been cleared by the Police Department, (5) the evidence adduced at the Public Hearing on April 12, 1993 established that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by no one appearing in opposition to this license Motion seconded by Mr Eafanti, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 Council Bill 7 - An Ordinance amending the rode of Laws of the rity of Wheat Kidge by amending Section 16-64(d) and adding thereto Section 16-64 (f), Trapping Animals Council Bill 7 was introduced on second reading bv Mr FIasco, title read by rlerk, Ordinance No 923 assigned City Clerk read into record letters from Dorothy Thompson and Ernestine Williams requesting t~e Ordinance be passed Mr Middaugh presented the ordinance and explained that the amendments had been made as requested by Council on first reading Louise Turner, 11256 W 38th Avenue, spoke on behalf of herself and as a member of the Animal Control Commission in favor of the ordinance Martha Shacklett, 3592 Simms Street, asked that ~ouncil pass this ordinance Motion by Mr Flasco that Council Bill No 7, (Ordinance No 923) be approved and shall become effective 15 days after final publication Mrs Brougham requested a friendly amendment on page two, item (3), to delete the words "Except as provided in subsection f( 1) and f(2)," ana begin the sentence with "It shall be unlawful" Mr Middaugh requesteo the language remain as is in order to be able to deal with a possible situation involving a large animal such as a coyote being trapped in the greenbelt Motion seconded by Vance Edwards, with the friendly amendment, carried 8-0 CITY COUNCIL MINUTtS APRIL 12, 1993 Page -3- Item 3 rouncil Bill 8 - An Ordinance amending the Code of Laws of the rity of Wheat Ridge, Colorado, regarding parking of Recreation Vehicles and Towed Vehicles within Public Street Rights-of-Way Mr Middaugh explained the Ordinance Mr Selstad introduced Council Bill No 8 on second reading, rlerk read title, assigned Ordinance No 924 Robert & Martha Shacklett, 3592 Simms Street, were sworn in by t~e Mayor They asked that the section regarding "six feet or more inside the front property line" be made more clear Mr Hayes suggested that the following wording be added to the bottom of subsection (b), "Or in the event the exact location of front property line is difficult to identify, 6 feet or more from the inside edge of a paved public or private street or sidewalk" Motion made by Mr Selstad to approve 'ouncil Bill No 8, Ordinance No 924 with modifications as per Mr Hayes' suggestion regarding the different wording on property line and to add the other clause as proposed by Mr & Mrs Shacklett, seconded by Mr Davis Motion by Mr FIasco as a friendly amendment, to amend the clause starting at the sixth line from the bottom of the page with the words "(12) hours" and have the words "than once in each two-week period" be stricken Mr Hayes suggested the complete phrase "except that, for the purpose of allowing the loading or unloading of any such vehicles, such vehicles may be lawfully parked on a publiC street directly in front of the property of the person or persons being visited by the owner or operator of the vehicle for a maximum period of seventy-two (72) hours no more frequently than once in each two-week period" be deleted Motion by Mrs Brougham as a friendly amendment to delete the words "campers mounted upon pickup trucks" beginning in the fifth line in subsection (b), seconded by Phil Edwards Motion by Mr Selstad to postpone rouncil Bill No 8, Ordinance No 924, and bring it back to the next rity Council Meeting with the amendments and the Planning Commission's recommendations highlighted, seconded by Mr Eafanti, carried 7-1 with Vance Edwards voting no CITY COUNCIL MEETING April 12, 1993 Page -4- ORDINANCES ON FIRST READING Item 4 Council Bill 9 - An Ordinance providing for the approval of a Special Use Permit to allow a Class II Home Occu~ation in a Residential-Three Zone District on property located at 397M Harlan Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-92-5) (Gary Tacconelli) Council Bill No 9 was intro~uced by Phil Edwards on first reading, title read by the rlerk Motion by Phil Edwards to approve Council Bill No 9 on first reading, order it published, public hearing be set for Monday, May 10, 1993 at 7 30 p m in City rouncil Chambers Municipal Building, and if approved on second reading take effect one day after final publication, seconded by Mr Shanley, carried 8-0 Item 5 Council Bill 10 - An Ordinance vacating a portion of Union Street within the City of Wheat Ridge, County of Jefferson, State of rolorado, adjacent to properties addressed as 3365, 3375, 3385 and 3395 Union Street (Case No WV-93-2) Council Bill No 10 was introduced by Mrs Brougham on first reading, title read by Clerk Motion by Mrs Brougham to approve rouncil Bill No 10 on first reading, order it published, public hearing be set for Monday, May 10, 1993 at 7 30 p m in City Council Chambers Municipal Buil~ing, and if approved on second reading, take effect one day after final publication, seconded by Mr Shanley, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 Resolution 1347 - approving an Intergovernmental Agreement for Household Hazar~ous Waste Storage Authority Mr Middaugh explained Resolution No 1347 Resolution No 1347 was introduced by Vance Edwards, title read by the Clerk Council members questioned the days and hours the facility would be open an~ the cost for dumping materials It was requested that our Wheat Ridge representative address these concerns to the committee and bring the results to rouncil Motion by Vance Edwards to approve Resolution No 1347, seconded by Mr Eafanti, carried 8-0 CITY COUNCIL MEETING April 12, 1993 Page -5- Item 7 Bid Award for Demolition related to Park Facility construction Mr Middaugh explained the bid materials regarding the demolition and removal of a structure located at 4~20 Kipling Street to enable the construction of a greenbelt trailhead parking area Motion by Vance Edwards to approve the Demolition Project at 4220 Kipling Street (RFB #93-09) be awarded to Berry Trucking & Excavating, Inc in the amount of their bid of $3,910 00, that a contingency force account of 10% in the amount of $391 00 be establishej, that the Director of Parks & Recreation be authorized to issue change orders up to the total contract and contingency amount of $4,301 00 and that all costs associated with this project be charged to account number 54-601-862, that the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1994 for this project in accordance with Ordinance No 787, 1989 Series, seconded by Mrs Brougham, carried 8-0 I t em 8 Bid Award for painting of Community Center and Anderson Building Mr Middaugh explained the bid materials Motion by Vance Edwards to approve the interior painting Wheat Ridge Community Center and exterior painting Anderson Building & Bath House Project (RFB #93-11) be awarded to Denver West Painting in the amount of their bid of $8,838 72 and that all costs associated with this project be charged to account number 54-bOl-877, that the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1994 for this project in accordance with Ordinance #787, 1989 Series, seconded by Mrs Brougham, carried 8-0 Item 9 Purchase of Computer Equipment Mr Middaugh explained Motion by Phil Edwards that the rity Administrator be authorized to utilize the funds provided in the 1993 budget for the recommended alternate plan and thereby expand the rity's computer inventory by one machine, seconded by Mr Shanley, carried 5-3 with Council members Flasco, Vance Edwards, and Brougham voting no Item 10 Consideration of City Attorney appointment Mr Hayes asked that Council appoint another City Attornev He would like to stay through April 30 and have another attorney start Mav 1 Motion by Mr Shanley to accept Kathryn Schroeder as the choice for the new City Attorney to start as soon as possible, even if there is an overlap with John, seconded by Mrs Brougham, carried b-2 with Councilmembers FIasco and Davis voting no CITY COUIWIL MINUn..~- April 12, 1993 Page -b- Mr. FIasco voted no, not because he has anything against Kathryn Schroeder or that he wants John to stay on He feels Mr Sindt was the better attorney of the two Mr Davis agrees with Mr Flasco, he wondered what happened to the paper ballot that had been discussed before Mr FIasco spelled out in her firm spelleo out asked that in the contract with Ms Schroeder, it will be very clearly who will be her backup, because she has nobody She has another firm that works with her He wants it very firmly who that person will be in the contract Mr Shanley asked that the Mayor call Ms Schroeder and inform her of rouncil's decision and welcome her on behalf of Council ronsensus was 8-0 CITY ADMINISTRATOR'S MATTERS Mr Middaugh stated that the newsletter is complete and citizens should see it in the mail sometime next week CITY ATTORNEY'S MATTERS John Hayes recommended that the rity resist paying the fees in Case No 93 CV 0423, he feels they are excessive Hotion Davis, voting by ~1r failed yes Flasco to accept the fees and pay them, seconded by Mr 3-5 with Council members Davis, Phil ldwards, and FIasco Motion by Mr Shanley that we have John file that the fees be reduced, seconded by Mr Eafanti, carried 6-2 with Mr FIasco and Phil Edwards voting no Mr Hayes recommended that Council consider filing an appeal on Judge Villano's decision regarding the Wheat Ridge election He feels so strongly that he is willing to do this on a contingency basis No one on the prevailing side made a motion to appeal, therefore, no action was taken ELECTED OFFICIALS' MATTERS Motion by Mr Davis to eliminate paying the $500 00 for advertising in the Jefferson County Guide, seconoeo by Mr FIasco Mr Davis called for the question, seconded by Mr FIasco, carried 7-1 with Phil Edwards voting no Motion carried 5-3 with rouncilmembers Eafanti, Shanley, and Phil Edwards voting no Ron Selstad a~ologized to the people of Wheat Ridge regarding the Special Election and that according to Council consensus the rity Charter doesn't matter Mayor Winger complained that Council didn't mind spending money on trips, but didn't want to do anything to help Wheat Ridge CITY COUNCIL MINUTES April 12, 1993 Pag'" -7- Elise Brougham asked rouncil consensus to put something on the Agenda regarding a modified Spring Clean-up out of Council contingency, consensus was 8 in favor Motion by Mr Shanley to adjourn, seconded by Vance Edwards, carried 8-0 Meeting adjourned at 10 00 P m l_--l I /J/f.''-" L-~' /...._ Wanda Sang, APPROVED BY , -'1"?'t.,~ City C l,-e+ "- - CITY COUNCIL ON APRIL 26, 1993 BY A VOTE OF g TO U - ~ ~\.\~ i ~\ 1\ II "" '--- --......... ~~ "- 7>:-~. J'W-'-~~JV--X j Ron Selstad, CounCIl PreSIdent MODIFIED - April 27, 1993