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Home My WebLink About08/14/1995 CITY COUNCIL MINUTES AUGUST 14. 1995 CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The Regular City Council was called to order by Mayor Wilde at 7 00 pm Councilmembers present: Teri Dalbec, Don Eafanti, Vance Edwards, Jean Fields, Ken Siler, Tony Solano, and Claudia Worth. Rae Jean Behm was absent. Also present: City Clerk, Wanda Sang, City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City Attorney, Gerald Dahl, Parliamentarian, Mary Bahde, Director of Parks & Recreation, Gary Wardle, Director of Planning, Glen Gidley; Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES of July 24,1995 Motion by Mr Eafanti for the approval of the Minutes of July 24, 1995, seconded by Mrs Fields, carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor Wilde administered the Oath of Office to Mr Robert Jobin, newly appointed Arborist Board member CITIZENS' RIGHTS TO SPEAK Phyllis Gilson, representing Martensen PTA, has submitted a letter to the Parks Commission and Mr Middaugh requesting a $60,000 Community Development Block Grant for the refurbishment and upgrade of the current park facility in the area of Martensen Elementary Martensen Elementary serves as a park for that area of Wheat Ridge The School District is willing to participate in that project. The equipment they are planning to put in complies with all the newest safety standards Barbara Me Ginnis, principal of Martensen Elementary, explained that two pieces of equipment were dangerous and they asked that they would not be put back up after the renovation She explained about the various attempts they have made to finance the new playground equipment. CITY COUNCIL MINUTES AUGUST 14, 1995 PAGE -2- Motion by Mr Siler to discuss this at a Special Meeting on August 21, 1995 at 6 30 p m prior to the Study Session, if all the information cannot be gathered by then, it be on the August 28, 1995 Agenda, seconded by Mr Solano, carried 7-0 Dan Huenneke, chair of Martensen Accountability Committee, supports Phyllis Gilson in her efforts to get this project off the ground, asked Council for consideration in support of this project. LOCAL LIQUOR AUTHORITY MATTERS Item 1, Modification of Premises for King Soopers, 5301 West 38th Avenue, Wheat Ridge City Clerk, Wanda Sang, presented the staff report. Motion by Mr Siler to approve the modification of premises for Dillon Company, Inc , dba King Soopers Store #57, 5301 West 38th Avenue, Wheat Ridge, Colorado, and authorize the Mayor and City Clerk to sign the application for the following reasons 1 Application has been filed and fees have been paid 2 Reasonable requirements of the neighborhood and desires of the inhabitants are not affected by this modification 3 Licensee is in possession of the premises by virtue of a lease amendment dated May 18, 1995, seconded by Mr Solano Mr Edwards will abstain from voting because King Soopers is his employer Motion carried 5-1 with Mrs Dalbec voting no, Mr Edwards abstaining Item 2. Change of Location for Safeway Store #332, 7225 W 44th Avenue, Wheat Ridge City Clerk, Wanda Sang, presented the staff report. Motion by Mr Siler to approve the Change of Location for Safeway Store #332 from 7225 West 44th Avenue to 3900 Wadsworth Blvd, Wheat Ridge, and authorize the Mayor and City Clerk to sign the Request to Change Location, for the following reasons 1 Applicant has had a 3,2% Beer Retail License at 7225 West 44th Avenue, prior to Wheat Ridge becoming an incorporated City (1969) 2 Applicant has never had a liquor violation 3 This move constitutes moving approximately six blocks and reasonable requirements of the neighborhood and desires of the inhabitants are not affected by this move 4 All applications have been filed and fees paid, seconded by Mr Eafanti, carried 7-0 CITY COUNCIL MINUTES AUGUST 14, 1995 PAGE -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 3. Council Bill 24 - An Ordinance repealing and reenacting Chapter 7 of the Wheat Ridge Code of Laws, entitled "Elections" Council Bill 24 was introduced by Mr Edwards, title read by the Clerk; Ordinance No 1006 assigned Geoff Wodel! commended all of the people who were involved in the creation of this document; would like to see a discussion on expenditure limits on a voluntary basis Don Lancaster was a member of the committee that suggested the wording in this Ordinance, he would like to see business days changed to calendar days throughout to match the State calendar; would like to see arrangement of names by lot instead of alphabetically; would like to see the words objection opinion to be two separate words, "objection", "opinion" Ron Patera thanked Don Lancaster for working so hard during the committee meetings, he urged that Council adopt this Ordinance, asked that contributions be limited so that the best candidates win not the ones with the deepest pockets Motion by Mr Edwards for the approval of Council Bill 24 (Ordinance 1006) with the correction under Section 7 10 (13) it read "objection", "opinion", , seconded by Mrs Fields Mrs Dalbec asked that under Section 7-11 (1) the sentence after local elections be stricken Mr Edwards accepted this as part of his motion Motion by Mrs Worth to amend to add under Section 7 5 that there be no door to door canvassing by candidates after the ballots have been mailed, seconded by Mr Eafanti, failed 3-4 with Councilmembers Fields, Worth, Eafanti voting yes City Attorney, Gerald Dahl, suggested several amendments 2 typo corrections, that all references to business days be stricken and replaced with days; and that on page 5 a definition for "day" be added to reflect State Statutes Motionmaker and second accepted this as a friendly amendment. Motion by Mr Solano that the Section referring to $125 00 per individual contribution be raised to $175 00 seconded by Mr Siler' failed 2-5 with Councilmembers Solano and Siler voting yes Vote on original motion as amended carried 7-0 CITY COUNCIL MINUTES AUGUST 14, 1995 PAGE -4- Item 4. Reconsideration of Council Bill 7 (Ordinance 996) regarding vacation of a portion of Quail Street right-of-way Council Bill 7 (Ordinance No 996) was introduced on reconsideration by Mr Edwards, a new Ordinance No 1007 was assigned Motion by Mr Edwards for the approval of Ordinance 1007 (Council Bill 7) an Ordinance vacating a portion of Quail Street (Case No \fIN-95-1) within the City of Wheat Ridge, County of Jefferson, State of Colorado, addressed as approximately 11200 West 35th Avenue, with the following changes Amend the second Whereas to read "WHEREAS, said part of said Quail Street lies within the City of Wheat Ridge, County of Jefferson, State of Colorado, and certain uses within said street are no longer required to be reserved for City utilization." Amend Section 1. by adding the following words at the end of the legal description following the words Book 2240 Page 846, "reserving to the City of Wheat Ridge, Colorado, an easement across the property for the purposes of maintenance and maintenance access including ingress and egress associated with the drainage channel known as Lena Gulch." Seconded by Mr Solano James Mosley, representing the estate of Ernestine Williams, explained that proposed vacated area is within the boundaries of land owned by the estate, commended Council on the vote to vacate the roadway and pedestrian trail, he is concerned about specifying uses to be given up and feels this could create a problem in the future in case a use was not addressed in the Ordinance and comes up at a later date Elizabeth Richardson, representing Colorado Open Lands, who holds a Conservation Easement on this property, thanked everybody for their efforts to figure out how to keep this property the way Ernestine Williams wanted it to be, asked that this ordinance be passed Mrs Worth asked for a friendly amendment that for clarification under the first "Whereas" we add 35th Avenue extended on the south and the point 490 feet to the north Motionmaker and second accepted this as part of the motion For clarification Mr Edwards reiterated the changes to be made in Ordinance 1007 WHEREAS, right-of way was previously dedicated for Quail Street described as the south 490 feet of the tract of land described in the official records of said County and State at Book 2240 Page 846, and WHEREAS, said part of said Quail Street lies within the City of Wheat Ridge, County of Jefferson, State of Colorado, and a portion of said street is not needed by the City for roadway or right-of-way purposes. CITY COUNCIL MINUTES AUGUST 14, 1995 PAGE -5- Then we go to Section 1. with the amendment following Book 2240, Page 846, "reserving to the City of Wheat Ridge, Colorado, an easement across the properly for the purposes of maintenance and maintenance access including ingress and egress associated with the drainage channel known as Lena Gulch." These will be the only changes to the document that the Council has before them Mrs Worth read a letter into the record from Caroline and Howard Nobel who asked for vacation of this land Motion carried 6-1 with Mr Eafanti voting no DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Approval of City entry point sign Motion by Mr Solano that the entry sign designed by the City's Planning Department for the 38th and Sheridan project be approved as to its concept and appearance and that bids be solicited for construction of the sign, seconded by Mr Siler Mrs Dalbec has seen somewhere in these papers the approximate amount of money to be spent will be $13,000 and feels that this is an outrageous amount of money to be spending on the corner of 38th and Sheridan Mrs Fields feels the money should be spend on sidewalks Motion carried 5-2 with Councilmembers Dalbec and Fields voting no Item 6, Resolution 1481 c authorizing the Mayor and City Clerk to execute an Intergovernmental Agreement between the City of Wheat Ridge and Jefferson County regarding the conduct of a coordinated election on November 7 1995 Resolution 1481 was introduced by Mr Solano, who also read the title Motion by Mr Solano to approve Resolution 1481 authorizing the Mayor and City Clerk to execute an intergovernmental agreement between the City of Wheat Ridge and Jefferson County regarding the conduct of a coordinated election on November 7, 1995, seconded by Mr Edwards carried 6-1 with Mr Siler voting no CITY COUNCIL MINUTES AUGUST 14, 1995 PAGE -6- Item 7, Flood damage repairs to the Wheat Ridge Greenbelt. Motion by Mrs Worth that $11,58000 be transferred from the General Fund, Fund Balance to Account 30-302-800-833 Misc. Drainage Improvements I further move the Urban Flood Control District be authorized to complete the flood damage repairs to the Wheat Ridge Greenbelt east of Youngfield and west of Johnson Park. I further move the Director of Public Works be authorized to expend $11,58000 to complete the repairs I further move that all costs be charged to Account 30-302-800-833, Misc Drainage Improvements, seconded by Mr Eafanti carried 7-0 Item 8. CONSENT AGENDA. A. Contract Award to Russ Callas to complete the interior woodwork improvements in the Wheat Ridge First Post Office B. Bid Award to American Pride Coop for Chemical Fertilizer C Authorization to use public right of way for the posting of a banner promoting the Farmers 5000 5K race D 38th and Sheridan ESTIP payment. E. KGC Trust ESTIP payment. F Budget amendment Resolution to pay the balance of the 1994 Comprehensive Annual Financial Report performed by Van Schooneveld and Company G Purchase of FAX machine for Parks and Forestry Divisions H Household Hazardous Waste Storage Authority use of funds Motion by Mr Edwards for the approval of the Consent Agenda Items A. through H, seconded by Mr Solano, carried 7-0 CITY ADMINISTRATOR'S MATTERS Mr Middaugh gave brief status of Police Building Expansion CITY COUNCIL MINUTES AUGUST 14, 1995 PAGE -7- CITY A TTORNEY'S MATTERS Mr Dahl asked Council to hold a short executive session at the end of the meeting so he can advise them on pending litigation Motion by Mr Solano to hold an Executive Session under Section 5 7(b)(1)(B) at the end of the meeting seconded by Mr Siler; carried 7-0 ELECTED OFFICIALS MATTERS Mr Solano expressed his condolences on the death of Wanda's father and Rae Jean's husband Mrs Fields asked for a newsletter from the Community Center Mr Eafanti reminded everybody of the upcoming Carnation Festival Mrs Worth remembered several people who have died recently and would like to see some type of display in our display case for people who have made Wheat Ridge the Carnation Capital of the world Mr Edwards extended his sympathies to Rae Jean and Wanda and their families He is concerned about the City sidewalks, some of which are in terrible shape This will be addressed at the upcoming budget sessions Meeting adjourned to EXECUTIVE SESSION ~, '--'l- Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON AUGUST 28 1995 BY A VOTE OF ~ TO ~ " J..L .-.L. c( rl_~~/_-(("'J"\ Rae Jean Behm, Council President