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