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HomeMy WebLinkAbout07/26/1993 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO July 26, 1993 The City Council Meeting was called to urder by the Mayor at 7 30 p m Councilmembers present Elise Broug~am, Kent Davis, Don Eafanti, Phil Erlwards, Vance Edwards, Tony FIasco, Ron Selstad, and Dennis Hall Also present City Clerk, Wanda Sang, City Administrator, Robert Middaugh, City Attorney, Kathryn Schroeder, City Treasurer, Jim Malone, Director of Planning, Glen Gidley, Chief of Police, Jack Hurst, Director of Parks, Gary Wardle, Director of Public Works, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES Approval of Minutes of June 28, 1993 Motion bv Mr Eafanti for the approval of the Minutes of June 28, 1993, seconded by Mr Davis Mrs brougham asked that the last paragraph on Page 8 of the Minutes be stricken She resents that somebody implies they know what she thinks and she needs nobody's permission to leave the room Mr Selstad agreed with Mrs Brougham At the point t~ey left, the meeting was adjourned, they never said the vote was rigged, their position was the r:harter, he wants the Minutes to reflect their feelings on this rity Clerk, Wanda Sang, asked for clarification if she was to cut of the Minutes when three people got up to leave or when the chair called for adjournment Vance Edwards stated that the meeting was adjourned when they left because there was no quorum, therefore there was no meeting to adjourn Mr Davis stated that he had not been present at that meeting The minutes are to reflect what happened at that meeting not what people felt If that is what ~appened, the minutes are correct If it didn't happened and Mrs Brougham is voicing her personal feelings, then that is not part of the Minutes Motion by Phil Edwards to table approval of the Minutes of June 28, 1993 until we get a written transcript of Item 10, seconded by Mr Eafanti, carried 7-0 with Mr Hall abstaining Approval of Minutes of July 12, 1993 Motion by Mr Eafanti for the approval of the Minutes of July 12, 1993, seconded by Phil Edwards, carried 8-0 CITY COUNCIL MINUTES July 26, 1993 Page -2- PROCLAMATIONS AND CEREMONIES Mayor Winger read Proclamations for National Minority Enterprise Development Week - Sept 27 - Oct 3, 1993 "Buy Recycled Prodllcts" Month - July 1993 Certificate of Recognition to Don Eafanti CITIZENS' RIGHTS TO SPEAK Tad M Wheeler, 12586 W 7th Avenue, Golden, was sworn in bv the Mayor, he was speaking on behalf of his aunt and uncle, Mr & Mrs Edward roates, who live on 6140 W 30th Avenue He was concerned about the quality of the finished construction product on 30th Avenue between Ingalls Street and Ingalls Court, asked that rouncilmembers drive by and look at it Dawn L Stevens, 3502 Teller Street, was sworn in by the Mayor, presented petitions with 28 names for complete reconstruction of Teller Street from 34th Place to 38th Ave with curb, gutter and sidewalk (Vance Edwards stated that this was being addressed by the Street Committee on August 4) Carol Wheeler, 3223 Kendall Street, was sworn in by the Mayor, complained about the construction project on 30th Avenue Please help these people and finish it property Motion by Vance Edwards to add an Agenda Item before Item 6 to discuss the additional cost that the curb and gutter that we approved last time is going to cost, there has been a mis-communication as to whether curb and gutter was to be going along 30th Avenue from Ingalls up to Ingalls Court Mr FIasco asked that this be combined with Item 13, which falls under the same subject Mr Edwards agreed, seconded by Mr Selstad, carried 7-1 with Mr Davis voting no (This will be Item 5 A ) Bessie Mateski, 3925 r:odv, was sworn in by the Mayor, she spoke about a property she owns at 4185 Carr Street, yard is filled with trash Michael Scarafiotti, 3919 Simms Court, was sworn in by the Mayor, he spoke regarding the mosquito problem in his subdivision, presented a petition signed by 25 people asking that Council reconsider their vote at the last meeting regarding funds for mosquito control He asked if this money could corne out of Open Space fund, since this would be used for OlJen Space Michael McGuiness, Colorado Mosquito control, Inc , Broomfield, was sworn in by the Mayor, gave presentation on how his company controls mosquitos and answered Councils' questions Motion by Mr Selstad to reconsider last week's motion as Item 5 B on the Agenda, seconded by Vance Edwards, carried 6-2 with Councilmembers FIasco and Davis voting no CITt COUNCIL MIhUTES .July 26, 1993 Page -3- Tom Barrns, 6629 Zang Court, President of th~ American Federation for Legal ronsistency, was sworn in by the Mayor, spoke about the intellectual dishonesty and the immorality of the Government of the United States as exhibited in the drug laws of this country and the injustice that these laws are bringing to the people of this country Russell Sindt, 13062 W 29th Avenue, representing the Applewood Property Owners Association, addressed the relocation of the off-ramp at 1-70 and Youngfield, will be hazarduus to pedestrians, great concern to residents, high volume of truck traffic will go into the Applewood neighborhood, asked for reconsideration on this matter LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for a Special Events Permit from the Arvada Jaycees to sell Beer at the Wheat Ridge Carnation Festival Motion by Mr Selstad to approve the Special Events Permit for the Arvada Jaycees, POBox 178, Arvada, Colorado, at the location of Wheat Ridge Carnation Festival, Field Park at 44th & Field in Wheat Ridge, to dispense malt, vinous and spirituous liquor (6% beer) on August 20, 1993 from 6 00 p m to 1 00 am, on August 21, 1993 from 11 00 a m to 12 00 am, and on AUbust 22, 1993 from 12 00 noon to 6 00 p m 1 further move to authorize the Mayor to sign the Special Events Permit, seconded by Vance Edwards, carried 8-0 Item 2 Application for a new Class F - Beer and Wine License for the Benwall Billiards and Snooker Limited Liability Company, dba "Cue Up on Kipling", 4131 Kipling Street, Wheat Ridge Maurice Romito, !1ayor Fox, attorney, representing the applicant, and applicant, 12702 W 16th Place, Golden, were present and sworn in by They asked for approval of the license Thomas the Motion by Mr Davis to approve the application for a new Class F - Beer and Wine License for the Benwall Billiards and Snooker Limited Liability Company, dba "Cue Up On Kipling", 4131 Kipling Street, Wheat Ridge, for the following reasons 1 All applications and fees required by statute have been filed and paid, 2 Notice of hearing and posting of the 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 May 10, 1993, 4 The applicants have been cleared by the Police Department, 5 The evidence adduced at the Public Hearing on July 26, 1993 established that the desires of the residents of the neighborhood under consijeration are for granting this license, as evidenced by petitions bearing 4~ signatures in favor of issuance, 40 signatures in opposition, and 13 signatures evidencing no opinion and that issuance of this license is consistent with the needs of the neighborhood under ~onsideration, seconded by Mr FIasco, carried 8-0 rITY CUUNCIL MINUTES July 26, 1993 Page -4- Item 3. Application to transfer the ownership of "Jet Liquors", 4403 Wadsworth Blvd , Wheat Hidge, from John W Thomas to Keith Wayne Blanchard Keith Blanchard, 1040 Ingalls Street, applicant, was sworn in by the Mayor and asked for approval of his application Motion by Mr Davis to approve the Transfer of Ownership of a Retail Liquor Store License from John W Thomas, dba "JET Liquors", 4403 Wadsworth Blvj , Wheat Ridge, to Keith Wayne Blanchard for the following reasons 1 All applications and fees required by statute have been filed and paid, 2 Mr Blanchard is in possession of the premises by virtue of a signe,d lease jatej June 14,1993,3 Mr Blanchard has been cleared by the Police Department, seconded by Mr FIasco, carried 8-0 Item 4. Application to transfer the ownership of "r:lub Peaches", 77'77 W 38th Avenue, #N118, Wheat Ridge, from Mansoor Shawn Shah to Sunny Norton (Continued from May 10, 1993 at applicant's req1lest) Kevin Wein, attorney representing the applicant and applicant Sunny Norton, 3872 S Fraser, Aurora, were present and sworn in They asked for approval of the transfer application She is planning on changing the name to "Club Beaches" It will be a Restaurant with 6 or 7 Billiard tables Motion by hr FIasco to conduct a liquor survey to establish the needs and desires of the neighborhood within 1/2 mile radius of the premises, seconded by Vance Edwards Motion by Phil Edwards to go into Executive Session under Section 5 7 (b) (1) of the Charter, seconded by Vance Edwards, carried 7-1 with ~lr FIasco voting no EXECUTIVE SESSION WAS HELD. Mr FIasco withdrew his motion for the survey, second also withdrew Motion by Mr FIasco to deny the transfer of ownership of a Tavern Liquor License with Extended Hours from Shah Mansoor Shawn, dba "Club Peaches", 7777 W 38th Avenue, #Nl18, Wheat Ridge, to Sunny Norton, 3872 S Fraser, #07, Aurora, Colorado, seconded by Vance Edwards, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 5 Council Bill 17 - Refunding City of Wheat Ridge Sales Tax Revenue Bonds Council Bill 17 was introduced on second reading by Vance Edwards, title read by the Clerk, Ordinance No 931 assigned CITY COUNCIL MINUTlS .July 26, 1993 Page -5- Mr Middaug~ explained that this Ordinance will save the City a considerable amount of money and is clearly of substantial benefit to the City We are taking advantage of lower interest rates Joe Drew, Bond Counsel, Hannifen Imhoff, 6660 W 29th Avenue, explained the savings to the rity, which will be $285,000 Mr FIasco will vote against t~is Ordinance because he feels it will create a conflict with Amendment 1 Motion by Vance Edwards for the adoption of Council 17 (Ordinance 931) and order it published on second reading, to take effect 15 days after final publication, seconded by Mr Selstad, carried 7-1 with Mr FIasco voting no DECISIONS, RESOLUTIONS, AND MOTIONS Item 5 A Vance Edwards asved that cost over-runs for the Drainage Project at approximately Ingalls Street from 29th to 30th and 29th Place, curb and gutter along 30th Avenue from Ingalls to Ingalls Court be addressed Mr Middaugh explained the cost over-runs, last week $50,000 had been discussed, to install curb and gutter on Ingalls Street will cost approximately $78,000 Where precisely should the curb and gutter be installed? He thought it was to be only on sections of Ingalls Street Mr Qualteri had asked for reimbursement of his curb and gutter expenses, that he had installed at his own expense (Item 13 ) Vance Edwards feels this must be done to meet ADA standards He thought that curb and gutter would be installerd in the entire constrllction area Discussion followed City Clerk, Wanda Sang, read a letter from Harold & Ruth Ruhl, 6110 W 30th Avenue, into the record They voiced their complete dissatisfaction with this project and also submitted pictures Alice Gonzales, 2990 Ingalls, was sworn in by t~e Mayor, is also very dissatisfied with the way the construction has been done Lynn Naguchi, 3000 Ingalls, was sworn in by the Mayor, she appreciates the new drainage system, asked for curb and Butter to improve the aesthetics of their neighborhood Bryce Tournier, 6185 W 30th Avenue, was sworn in by t~e Mayor, has a ditch in front of his ~ouse, he has to park his car out on the street so he doesn't have to go over the ditch, he also asked for curb and gutter along 30th Avenue Vance tdwards asked the Wheelers on behalf of the Coates, if they also requested curb and gutter T~ey said yes Mr Edwards had also talked to a Mrs Dinsmore over the weekend, who also wanted curb and gutter CITY COUNCIL MINUTES July 26, 1993 Page -6- Motion by Vanc~ Edwards that we continue with the project for Ingalls Street and 29th Place and pay the additional funding, which is an additional $27,000 for that s~ction, this does included curb, gutt~r, and sidewalk, seconded by Mr Selstad, carried 8-0 Motion by Vance Edwards for the appropriation of funding for curb, gutter and sidewalk along both sides of 30th Avenue from Ingalls Street to Ingalls Court, seconded by Mr Selstad Mrs that died Brougham asked to am~nd that Urban Drainage pay for this disaster they hav~ done, that they come in to hav~ meeting with us Motion for lack of second Motion to am~nd by Mr Davis that a maximum of $50,000 be expended and if this amount is exceeded, it has to come back to Council Vance Edwards accepted this as a friendly amendm~nt Motion carried 8-0 Motion by Vance Edwards that City Council authorize City Attorney to interpr~t what the City is requir~j to do under the AGA requirements for construction such as this, secondej by Mr FIasco Mr FIasco made an amendment to work with th~ city staff to bring in specifications between ADA and r:ity, ~tc Vance Edwards accepted this as a friendly amendment Motion carried 7-1 with Mr Davis voting no Motion by Mr Selstad to reimburse Mr Qualteri for his ~xpenses at a total cost of $1,895, he wants to clarify that we are not setting a precedence with this, he suggested that we set a policy for this in the future, seconded by Vance Edwards Mr FIasco will vote against this, Mr Wualteri did this on his own, it is his responsibility to pay Phil Edwards will vote no, this should be discussed at a Study Session Mr Davis will vote no, it does set a precedence Motion by Mrs Brougham to table this until we have a Special Meeting or a Study Session, she wants Urban Drainage people here, seconded by Mr Eafanti, failed 4-4 with Councilmembers Eafanti, Hall, Brougham, and Vance Edwards voting yes Mayor Winger voted no Motion failed 5-4 Vote on original motion failed 4-4 with Councilmembers Eafanti, Selstad, Vance Edwards, and Brougham voting y~s Motion by Vance Edwards to suspend the Rules and go past 11 00 pm, seconded by Mr Selstad Mr Selstad amended that w~ finish Items 5 B , 6, 7, 9, and 10 (not It~m 8) Vanc~ Edwards accepted this as a friendly amendment Motion carried 6-2 with Vance Edwards and Mr Davis voting no Mr FIasco moved to amend that we immediately take up the City Administrator's Matters, rity Attorn~y's Matters and Elected Officials' Matters, then go back to the others, seconded by Mr Davis, carried 5-3 with councilmembers Vance Edwards, Selstad, and Brougham voting no CITY COUNCIL MINUTES July 2b, 1993 Page -7- Original motion as amended failed 3-5 with Councilmembers Phil Edwards, Vance Edwards and 3elstad voting yes CITY ADMINISTRATOR'S MATTERS Robert Middaugh st3ted that there wouli be 3dditional information on the AUg1lst 2 Study Session Agenda Upon questioning by Mr Selstad, he stated that Items 7, 9, and perhaps 13 were important 3nd needed to be taken care of Motion by Mr Selstad that Council take a vote to let Mr Middaugh address items that are timely 3nd critical llnier City Administrator's Matters, seconded by Vance Edwards Mr Selstad withdrew his motion and moved to continue this meeting to Wednesday, July 28, 1993 at 6 00 p m and finish the agenda in its entirety, including Item 5 B , seconded by V3nce Edwards, carried 7-1 with Mr FIasco voting no CITY ATTORNEY'S MATTERS Kathryn Schroeder asked the City rlerk to hand a supplemental memo to here previous legal opinion on the ballot petition issues, she asked that council read this in conjunction with her earlier memo on this issue and then decide what to do Meeting was continued to Wednesday, July 28, 1993, 6 00 p m 7/28/93 Mayor Winger called the continued meeting to order at 6 00 p m Dennis Hall was absent, Kent Davis arrived at 6 04 p m All other Councilmembers, Administrator, Clerk, Attorney, Treasurer and Department Heads were present Item 5 B Mosquito Control Mr Middaugh handed out a proposal for mosquito control services from rolorado Mosquito control, Inc Michael McGinnis, owner of Colorado Mosquito Control, Inc , gave presentation and answered Councilmembers' questions Michael Scarafiotti, asked that this be an ongoing project, not just a band-aid approach Motion by Mr Selstad that, with the use of Open Space funds, we go with Option A Band C , (A hheat Ridge Greenbelt from youngfield tv Kipling including Prospect Park, B Wheat Ridge Greenbelt from Kipling to Wadsworth including Wheat Ridge Park, C Simms Street) a total of about $3,425, that this be a one-time deal, that from now on the Parks Department do this early in the season, with natural stuff, so we don't have to fog, seconded by Mr Eafanti Phil Edwards will vote no, because he can't vote for Option C This is a private neighborhood and everybody will come in and ask to spray their neighborhood, he asked for friendly amendment to leave C off This was accepted by motion-maker and second CITY COUNcIL MINUTES July 26, 1993 Page -8- Mr FIasco moved to amend to delete Open Space funds available to anybody within the City of Wheat Ridge for lack of second and to make it Motion died Motion by Mr FIasco to get competitive quotes second Died for lack of I'irs this Brougham moved to amend that we waive our bid policy for this item, was accepted as a friendly amendment Original motion carried G-1 with Mr FIasco voting no Item 6 Motion to set a Special Meeting to prepare possible budget ballot questions Motion by Mr Selstad to hold a Special Meeting on Wednesday, August 11, 1993 at 7 00 p m to discuss possible budget ballot questions based on surveys returned by citizens, seconded by Vance Edwards, carried 6-1 with Mr Davis voting no Item 7 Resolution 1356 - authorizing the Jefferson County Open Space Officials to acquire the property consisting of 16 738 acres more or less, located at 4171 Kipling Street in Wheat Ridge, Colorado, at the negotiated price Resolution 1356 was introduced by Vance Edwards, title read by the Clerk Gary Wardle explained that acquisition of this property will allow for the completion of the Greenbelt Trail under Kipling It will give the City continuo1ls access from Youngfiel,d to Harlan Street along r:lear Creek Motion by Mr FIasco to hold an Executive Session under Section 5 7(b) (3) of the r:harter, seconded by Mr Selstad, carried 7-0 EXECUTIVE SESSION WAS HELD. Motion by Mr Selstad for the adoption of Resolution 1356, seconded by Mr Eafanti, carried (-0 Item 9 Resolution 13~8 - authorizing the use of the public right-of-way by the Wheat Ridge r:arnation Festival, Inc , to post signs exempt from regulation advertising the Wheat Ridge Carnation Festival Resolution 1358 was introduced by Mr Selstad, title read by the r:lerk Motion by Mr ~lr Eafanti, Selstad for the adoption of Resolution 1358, seconded by carried 7-0 CIT~ COUNCIL MINUTES .July 26, 1993 Page -9- Item 10 Resolution 1359 - authorizing the Mayor and city Clerk to sign the contract with the Wheat Ridge Historical Society and to create a ~hat Ridge First Post Office fund which will allow f)r the restoration of the Wheat Ridge First Post Office Resolution 1359 wa~ introduced by Vance Edwards, title read by the clerk Mr Middaugh explained that "ity Council had previously approved the use of City Open Space funds for the renovation of the Historical Post Office and the Historical Society has been successful in obtaining a grant from the State for this project This resolution establishes a fund which will be utilized for the receipt and expenditure of the grant funds Claudia horth, 4650 Oak Street, was sworn in by the Mayor, she answered questions Motion by Vance Edwards for the adoption of Resolution 1359, seconded bv Mr Selstad, carried 6-1 with Mr FIasco voting no Item 11 Purchase of Shredder for Municipal rourt Motion by Mr Selstad that the Shredder for the Municipal Court, (RFQ #013-93), be awarded to Harris Business Equipment in the amount of their Quote of $3,166 00 and that all cost be charged to Acct No 33-109-783, seconded by Vance Edwards, carried 7-0 Item 12 Motion to pay codification expenses Motion by Mrs Brougham that the invoice for the Codification of the Laws of the city of Wheat Ridge from the Municipal Code Corporation in the amount of $3,052 75 be paid and that the cost be charged to Acct No 01-108-750, seconded by Vance Edwards, carried 7-0 Item 14 Selection of Architect for restroom at Youngfield trail head Motion by Phil Edwards that the contract for architectural services to design a trailhead restroom and Anderson Community Building improvements be awarded to Intergroup, Inc in the amount of the fee of $8,300 1 further move $5,800 be charged to Acct 32-601-862 I further move $2,500 be charged to Acct No 54-601-877 I further move that the funds be encumbered for the length of the project which expressly allows the expenditure of the funds in 1994 for this project in accordance with Ordinance #787, 1989 Series, seconded by I"lr Eafanti, carried 6-1 with Mrs Brougham voting no CITY COUNCIL MINUT~S July 26, 1993 Page -10- ELECTED OFFICIALS' MATTERS Elise Brougham asked that there be a follow-up to contact the lady that had come in and complained about the trash on the property at 4185 Carr Street Vance Edwards asked for consensus that we di3cuss getting an Ordinance regulating Pawnshops st the next Study Session, consensus was 6 in favor Motion by Vsnce Edwards that the campaign Reform question be put on the November 2, 1993 ballot, seconded by Mr Selstad Discussion followed Mr FIasco called for the question, seconded by Mr Eafanti, failed 4-3 with r:ouncilmembers Davis, Phil Edwards and FIasco voting yes Vote on original motion failed 4-3 with Selstad, Vance Edwards, and Brougham voting yes Tony FIasco informed Council that he had presented the Library Resolution to the Library Board He urged Council to pass another Resolution and take it to the County Commissioners He asked for consensus to change the parliamentarian at r:ouncil Meetings from Council President to City Clerk, he asked that City provide the new Roberts Rules, 1990 Edition, to all Councilmembers, that this be brought in at the next meeting Consensus was 4 in favor Ron Selstad stated for the record that at least one Councilmember had stated they did not want the r:ampaign Reform on the ballot because of the "content" not because of legalities Kent Davis had complaints about equipment being started up at 3 30 a m and wants the city to take care of this He complained about the flowerboxes on 38th Avenue, they are horrible Don Eafanti reminded everybody of the upcoming carnation Festival Buy ducks! Motion by Vance Edwards to adjourn, seconded by Mr FIasco, carried 7-0 Meeting adjourned at 3 45 P m APPROVED bY \ /1 (;{ty-~erk CITY CUUNr:IL L I . "( L i ( <"_ and a Sang, ON AUGUST ':3, 1993 BY A VOT~ OF '>S TO 0 ~ n . -.~~~ - .. - Ron Selstad, Council President