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HomeMy WebLinkAbout04/10/1995 1 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building APRIL 10, 1995 The Regular City Council was called to order by Mayor Wilde at 7 00 P m Councilmembers present Rae Jean Behm, Don Eafanti, Vance Edwards, Jean Fields, Ken Siler, Tony Solano, and Claudia Worth Also present City Clerk, Wanda Sang; City Treasurer, Jim Malone, City Administrator, Robert Middaugh; Parliamentarian, Mary Bahde, Director of Parks & Recreation, Gary Wardle; Chief of Police, Jack Hurst, Director of Public Works, Bob Goebel; staff, and interested citizens Mayor Wilde presented Mrs Prose with a pendant representing her late husband's 25 years of service to the City of Wheat Ridge Mrs Worth moved to add an Item to the Agenda, namely an Emergency Ordinance amending Section 7-40 of the Code of Laws concerning write- in candidates and cancellation of elections in specified cases; this is to be Item 2 A ; seconded by Mrs Behm; carried 7-0 APPROVAL OF MINUTES of March 20, 1995, Regular Meeting March 20, 1995 Special Meeting March 27, 1995 Regular Meeting April 3, 1995 Special Meeting Motion by Mr Eafanti for the approval of the Regular Meeting Minutes of March 20, 1995; seconded by Mrs Fields; carried 7-0 Motion by Mr Eafanti for the approval of the Special Meeting Minutes of March 20, 1995; seconded by Mrs Fields, carried 7-0 Motion by Mr Eafanti for the approval of the Regular Meeting Minutes of March 27, 1995; seconded by Mrs Fields; carried 7-0 Motion by Mr Eafanti for the approval of the Special Meeting Minutes of April 3, 1995; seconded by Mrs Fields; carried 5-0 with Councilmembers Behm and Solano abstaining Motion by Mr Solano to suspend the Council Rules to allow Council to respond to speakers under Public Comment; seconded by Mr Siler; carried 7-0 CITY COUNCIL MINUTES APRIL 10, 1995 PAGE 2 CITIZENS' RIGHTS TO SPEAK Alan Krenek, 2635 Pierce Street, has summons to Court and gave background Mayor Wilde will be in touch with Mr received code violations on his problems with the Krenck tomorrow and City LOCAL LIQUOR AUTHORITY MATTERS Item 1. Liquor License Renewal for RyTy Futures, Inc , dba "Pigskins, the Ultimate Sports Saloon", 10051 I-70 Frontage Road, Wheat Ridge City Clerk, Wanda Sang, gave the staff report Attorney for the applicant, Thomas Dunn, asked for approval of the renewal Motion by Mr Edwards to postpone this item until the City Attorney arrives, seconded by Mrs Worth, carried 7-0 (City Attorney was delayed at the airport due to the weather) Item 2. Change of Corporate Officers for Port 44, Inc , dba "Horseshoe Bar & Grill", 4400 Ward Road, Wheat Ridge City Clerk, Wanda Sang, gave the staff report Mrs Worth asked that question 62 C be amended that he knows the owner of the property, not the financial interest and asked if he could vote on 6 in favor to let him vote Mr Solano stated licensee He has no this Consensus was Motion by Mrs Worth to approve the Change of Corporate Officers for Port 44, Inc , dba "Horseshoe Bar & Grill", 4400 Ward Road, Wheat Ridge, Colorado, and authorize the Mayor and City Clerk to sign the application; seconded by Mr Eafanti; carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2.A. Council Bill 16 - An Emergency Ordinance amending Section 7-40 of the Wheat Ridge City Code concerning write-in candidates and cancellation of elections in specified cases Mr Solano has some questions of the City Attorney on this matter and asked that it be postponed until the Attorney arrives CITY COUNCIL MINUTES APRIL 10, 1995 PAGE 3 Mrs Behm asked that any quasi-judicial matters be heard when the City Attorney arrives The next item then would be Item 5 Item 5. Council Bill 11 - An ordinance repealing Article III of Chapter 15, Sections 15-40 to 15-48, and enacting Article III of Chapter 13, Sections 13-41 to 13-50, of the Code of Laws of the City of Wheat Ridge, Colorado, thereby adding provisions concerning the towing of abandoned and other vehicles Council Bill 11 was introduced by Mr Solano on second reading, title read by the Clerk; Ordinance No 994 assigned Motion by Mr Solano for the approval of Council Bill 11 (Ordinance 994); seconded by Mrs Behm; carried 7-0 Item 6. Council Bill 12 - An ordinance amending the Code of Laws of the City of Wheat Ridge to add the offense of failure to comply with compulsory insurance regulations Council Bill 12 was introduced on second reading by Mr Siler Mr Siler referred to a memo from the Police Department and the Court that asked that this Item be postponed to May 8, 1995 Motion by Mr Siler that consideration of Council Bill 12 and the public hearing for second reading be continued until the May 8, 1995 City Council Meeting; seconded by Mr Eafanti, carried 7-0 City Attorney, Gerald Dahl, arrived at 7 40 P m Item 1. Liquor License Renewal for RyTy Futures, Inc , dba "Pigskins, the Ultimate Sports Saloon", 10051 I-70 Frontage Road, Wheat Ridge Mr Dahl explained that prior violations could not be considered at a renewal hearing; these matters were to be addressed at a violation hearing Motion by Mrs Worth to approve the liquor license renewal application for RyTy Futures, Inc , dba "Pigskins, the Ultimate Sports Saloon", 10051 I-70 Frontage Road, Wheat Ridge, and authorize the Mayor and City Clerk to sign the application; seconded by Mr Solano, carried 7- o CITY COUNCIL MINUTES APRIL 10, 1995 PAGE 4 Item 2.A. Council Bill 16 - An Emergency Ordinance amending Section 7- 40 of the Wheat Ridge City Code concerning write-in candidates and cancellation of elections in specified cases Council Bill 16 was introduced by Mrs Worth, who also read the title; Ordinance No 995 was assigned by the Clerk Mr Middaugh eXplained the reasons for writing this Emergency Ordinance This is basically the same ordinance as Council Bill 15, but will take effect tonight and only be effective for 90 days Tony FIasco, 4440 Reed Street, doesn't feel this gives adequate notice to people who might want to apply for that, the books will be closed on April 12 by 5 00 pm, put off the effective date until after it is published Motion by Mrs Worth that Council Bill 16 (Ordinance 995) be approved and that it be published in the Rocky Mountain News on Wednesday, April 12, 1995; seconded by Mrs Fields Mrs Dalbec was in the audience and wanted to speak Mr Solano called for the question; seconded needed a two/third majority vote or 6 votes) Mrs Fields and Mr Edwards voting no by Mrs Worth (This Motion failed 5-2 with Motion by Mr Edwards to suspend the Rules and let Mrs Dalbec speak; seconded by Mrs Fields, failed 4-3 with Councilmembers Edwards, Worth, and Fields voting yes (This needed a two/third majority, six votes to pass) Vote on original motion carried 6-1 with Mr Siler voting no Item 3. Council Bill 7 - An Ordinance vacating a portion of Quail Street within the City of Wheat Ridge, County of Jefferson, State of Colorado, addressed as approximately 11200 West 35th Avenue (Case No WZ-95-1) Council Bill 7 was introduced on second reading by Mr Edwards; title read by the Clerk, Ordinance No 996 assigned Ms Reckert presented the staff report Elizabeth Richardson, was sworn in by the Mayor; she is representing Colorado Open Lands; their mission is to preserve Open Space within the State of Colorado; she spoke in support of the vacation CITY COUNCIL MINUTES APRIL 10, 1995 PAGE 5 Karla Nostas was sworn Noble into the record, also spoke in favor of through there in and read a letter from which was in favor of the the vacation; don't allow Caroline and Howard vacation Ms Nostas people to walk Linda Slater was sworn in by the Mayor; she lives right next to this parcel of land on the east side; she would hate to see the privacy there destroyed; spoke in favor of the vacation James Mosley was sworn in by the Mayor; stated that there are easements in place that allow the appropriate agencies access; if another easement is needed, these agencies can get it, they don't need the City to help them; if a walkway is built, children will be all over the Williams property and will be trespassing, he is in favor of the vacation David DiGiacomo was sworn in by the Mayor; he had originally wanted to ask that part of this property be preserved for pedestrian access; after listening to comments, he now feels this should be vacated; it should be left as Mrs Williams had intended, it is a sanctuary for our wildlife Consensus was 7 in favor to allow Mr Mosley to speak again, since he used to represent the late Mrs Williams Mr Mosley gave information on flood control easements Motion by Mr Edwards that Council Bill 7 (Ordinance 996), a request for approval of a right of way vacation for an unused portion of Quail Street at approximately 11200 W 35th Avenue be approved as amended for the following reasons The amendments are Section 1 That "500 feet" be changed to "490 feet", That Section 2 be deleted; Sections 3 4 5 and 6 be reverted up in numbers Reasons 1 There is no compelling need for the unused portion of Quail Street to remain as City property 2 Costs are prohibitive for construction of such a roadway in that area; seconded by Mrs Worth; carried 4-3 with Councilmembers Behm, Siler, and Solano voting no Mayor Wilde will be vetoing this Ordinance when it is presented to him to sign Item 4. Council Bill 10 - An ordinance providing for the approval of a Special Use Permit to allow furniture sales in a Restricted-Commercial Zone District on land located at 6709- 89 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado Council Bill 10 was introduced on second reading by Mr Siler; title read by the Clerk, Ordinance No 997 assigned CITY COUNCIL MINUTES APRIL 10, 1995 PAGE 6 Ms Reckert presented the case Presley Askew, representing his wife, who is the applicant, was sworn in by the Mayor, asked for approval and answered questions Tony FIasco spoke in favor of approval of the Special Use Permit Motion by Mr Siler that Council Bill 10 (Ordinance 997), a request for approval of a Special Use Permit to allow furniture sales in a Restricted-Commercial zone, for property located at 6709-89 West 44th Avenue, be approved for the following reasons 1 The evaluation criteria support approval of the request 2 The neighborhood is in favor of the special use as opposed to a rezoning With the following conditions 1 The special use be granted to "Bunkbed Bob" under the operation of Bob Glusica and be limited to 850 square feet of retail space in the existing building, seconded by Mr Solano, carried 7-0 ORDINANCES ON FIRST READING Item 7. Council Bill 15 - An Ordinance amending Section 7-40 of the Wheat Ridge Code of Laws concerning write-in candidates and cancellation of elections in specified cases Council Bill 15 was introduced on first reading by Mr read by the Clerk Solano, title Motion by Mr Solano that Council Bill 15 be approved reading, ordered published, public hearing be set for 1995 at 7 00 P m in City Council Chambers, Municipal approved on second reading, take effect upon passage, Eafanti; carried 6-1 with Mr Siler voting no on first Monday, April 24 Building, and if seconded by Mr DECISIONS, RESOLUTIONS, AND MOTIONS Item 8. Award of bids, Project M-ADA-94 Motion by Mr Siler that the City Council of the City of Wheat Ride declare that, in accordance with Chapter 13, Section 13-1(B) Standard Number 5 of the City Code of Laws, there is a reasonable possibility or potential for accident at the intersection of W 44th Avenue and Ammons Street that may be addressed by continued operation of the traffic signal installation at that intersection I further move that operation of the signal be retained as a recall status I move that the 1994 Accessibility Program Project, M-ADA-94, be awarded to New Design in the amount of their amended bid plus bid alternate No 1, $71,344 50 CITY COUNCIL MINUTES APRIL 10, 1995 PAGE 7 That a 2% incentive bonus in the amount of $1,427 00 be established That a force/contingency account in the amount of $17,235 00 be established That the Director of Public Works be authorized to issue change orders up to the total contract and force/contingency account amount and that the total cost of the project of $88,906 50 be charged to Capital Improvement Fund Account 30-303-844 That the funds be encumbered for the length of the project which expressly authorizes the expenditure of funds in 1996 for this project in accordance with Ordinance #787, 1989 series; seconded by Mr Solano; carried 7-0 Item 9. Resolution 1469 - authorizing an intergovernmental agreement with the City of Edgewater for the slurry sealing of several Edgewater street segments Mrs Worth introduced Resolution 1469 and moved that it be adopted, seconded by Mr Siler; carried 7-0 Item 10. Discussion of proposed changes In City Council Rules and Procedures Council did not desire to make any changes and this Item will be voted on at the next regular meeting Geoff Wodell stated that he has reviewed the Council Rules and was concerned about some of the changes and explained why Item 11. Motion re Polling Places, Judges, Judges' pay, for May 2, 1995 Election Motion by Mr Solano to approve the following places for the May 2, 1995 Election if needed Precinct 7 Anderson Building, 4355 Field Street Precinct 8 Jefferson Avenue United Methodist Church, 4425 Kipling Street I further move to approve, if needed, Clarice M Shirley, Elaine F Slattery, Charlotte Whetsel, Audrey M Brown, Allen Stehman, Elaine Stehman as election judges and Erlene M Hulsey, Ron Patera, Don D Kugler, as alternate judges I further move to pay, if needed, the regular judges $75 00; the supply judge $85 00; the judge accompanying the supply judge back to City Hall $79 00; seconded by Mrs Worth; carried 7-0 Item 12. Motion to appoint Jerry Sang to the Board of Adjustment to help out on an interim basis until vacancies are filled Motion by Mr interim basis carried 7-0 Siler to appoint Jerry Sang to Board of Adjustment on an until vacancies are filled; seconded by Mr SUlclIlU; CITY COUNCIL MINUTES APRIL 10, 1995 PAGE 8 Item 13. CONSENT AGENDA A Purchase of Traffic Signal Controller Cabinet B Motion to ratify the expense to replace the 1984 Elgin Street Sweeper engine C Authorize purchase of replacement bikes for APEO Motion by Mr Edwards to approve the Consent Agenda; seconded by Mr Solano; carried 7-0 CITY ADMINISTRATOR'S MATTERS Robert Middaugh outlined items planned for the April 17 Study Session, such as Economic Development update, Dumpster study, CAP program addition, explanation regarding sales tax audit; consensus was 6 in favor CITY ATTORNEY'S MATTERS Gerald Dahl thanked Council for allowing him to represent the City on an interim basis; apologized for being late tonight, he was in Chicago and his flight was cancelled; promised to do a good job for the City ELECTED OFFICIALS MATTERS Vance Edwards welcomed Mr Dahl Claudia Worth asked for support Monday night prior to the Study that she may participate in the that a special meeting Session to swear in Ms Study Session be held next Dalbec, so Don Eafanti welcomed the new City Attorney Tony Solano asked what happens when the Mayor vetoes an Ordinance Mr Edwards replied that this is clearly outlined in the Charter Jean Fields asked about the pre-meetings outlined in the council rules; she doesn't remember ever attending a pre-meeting; she doesn't think the District meetings should be split up by Districts, she likes to know what is going on in the entire City CITY COUNCIL MINUTES APRIL 10, 1995 PAGE 9 Wanda Sang also welcomed Mr Dahl, gave update on election committee work; the results will be forwarded to Mr Dahl, then to City Council Motion by Mr Eafanti to adjourn; seconded by Mr Edwards; carried 7- o Meeting adjourned at 11 27 P m ~. t-I4i...f<.- Wanda Sang, ON APRIL 24, 1995 BY A VOTE OF 7 TO 0