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Home My WebLink About08/12/1985 August 12, 1985 ----- CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Kent Davis, Tony FIasco, Larry Merkl, Clyde E Hobbs, Nancy Snow, Randy West, and Dan Wilde Moe Keller was absent, but left her votes in sealed envelopes for each item Also present City Clerk, Wanda Sang; City Treasurer, James Malone; City Administrator, Tom Palmer; City Attorney, John Hayes; Public Works Director, Rodger Young; Director of Community Development, Charles Stromberg; Director of Parks, Richard Bredt; staff; and interested citizens APPROVAL OF MINUTES of July 22, and August 5, 1985 Motion by Mr Wilde for the approval of the Minutes of July 22 and August 5, 1985; seconded by Mr Merkl Mr West stated he would be voting No, because he was quoted saying things he did not say, doesn't want to press it, but will vote No on Minutes Motion carried 6-1 with Mr West voting No CITIZENS' RIGHT TO SPEAK Claudia Worth, 4650 Oak Street, addressed the CML meeting she had attended for member Mrs Snow; fears a bill before legislature could make Wheat Ridge a Mecca of the West for Hazardous Waste; spoke to Senator Meikeljohn's bill, that will have public comment from 1 30 -4 00 P m on August 13, 1985; requested all who can to please attend that comment session Allen Wulf, 9745 W 35th Avenue, addressed the Chip Seal program in his area; has gathered signatures on petition, which he read before Council; they do not want Chip Seal on their street Mayor Stites stated the program is already in progress and the City will be continuing this program Mayor Stites stated that the Chamber of Commerce was informed today by Albertson's Super Market that they (Albertson's) will not allow the Wheat Ridge Carnation Festival to be held on their (Albertson's) portion under lease in Times Square Chamber is moving the central location in the area of Pizza Hut LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for a new Class T - Tavern Liquor License, with extended hours, for Donald J Becker and Robert G Blackburn, dba Rear Door Lounge, located at 4200 Wadsworth Blvd (Time Square Shopping Center Applicants Donald Becker, 800 W Belleview, and Robert Blackburn, 7813 Raritan, were present and answered Authorities questions CITY COUNCIL MINUTES August 12, 1985 Page -2- Motion by Mr Merkl for the approval of the Application for a new Class T - Tavern Liquor License, with extended hours for Donald J Becker and Robert G Blackburn, dba Rear Door Lounge, located at 4200 Wadsworth Blvd, (Time Square Shopping Center) Wheat Ridge, Colorado, 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 applicant will be entitled to occupancy of the premises by virtue of a signed lease dated September 1, 1985; 4) The Partners have been shown by investigation to be of good moral character; 5) The evidence adduced at the Public Hearing on August 12, 1985 established that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by petitions bearing 42 signatures in favor of issuance, 37 signatures in opposition, and 22 signatures evidencing no opinion, and that issuance of this license is consistent with the needs of the neighborhood under consideration; seconded by Mr West; carried 8-0 Item 2 Application by Wheat Ridge Kiwanis Club for a Special Events Permit for the Wheat Ridge Carnation Festival Motion by Mr Wilde that the application for the Special Events Permit for the Wheat Ridge Kiwanis Club, 4100 Carr Street, Wheat Ridge, Colorado, to be held at the Wheat Ridge Carnation Festival in Time Square Shopping Center on 8/16/85 from 5 p m to 10 30 p m and on 8/17/85 from 5 p m to 10 30 P m be approved; seconded by Mr Hobbs; carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 3 Council Bill 191 - An Ordinance amending Chapter 21 of the Code of Laws of the City of Wheat Ridge, Sales and Use Tax Code, Article I - Retail Sales, by Amending Sections 21-1 -Definitions, Section 21-5 - Exempt Sales, and by adding a Section 21-20 1 - Nonseverability Council Bill 191 was introduced on second reading by Mr Hobbs; title read by the Clerk; Ordinance No 630 assigned Mary Ellen Amaral, 1331 17th Street, Denver (employed by AT&T) stated that AT&T agrees with the Ordinance on taxation of access; does not agree on taxation of interstate calls Duane Cattles, tax auditor for the City of Greeley, stated that Greeley is the only City in the State right now that is taxing interstate calls; read letter from Director of Finance in Greeley; fully supports City of Wheat Ridge's ordinance Motion by Mr Hobbs for the adoption of Council Bill 191 (Ordinance 630) on second reading, and that it become effective 15 days after final publication; seconded by Mr Wilde; carried 8-0 August 12, 1985 Page -3- CITY COUNCIL MINUTES ORDINANCES ON FIRST READING Item 4 Council Bill 199 - An Ordinance providing for the approval of rezoning from Residential-One to Residential-One-A on land located northwest of West 32nd Avenue and Nelson Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-85-13) (Hedlund Homes) Council Bill 199 was introduced by Mr Merkl on first reading; title read by Clerk; Motion by ~1r Merkl that Council Bill 199 be approved on first reading, ordered published, public hearing be set for Monday, September 23, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication; seconded by Mr West; carried 8-0 Item 5 Council Bill 200 - An Ordinance providing for the approval of rezoning from Residential-One to Residential-Two-A on land located at 9700 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-85-12) (Claude and Lucile Ellis) Council Bill 200 was introduced by Mr Davis on first reading; title read by Clerk; Motion by Mr Davis that Council Bill 200 be approved on first reading, ordered published, public hearing be set for Monday, September 9, 1985 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication; seconded by Mr FIasco; carried 8-0 Item 6 Council Bill 201 - Industrial Development Revenue Bonds for Wadsworth Building Corporation, Project Series 1985 (International Bank Building) Council Bill 201 was introduced by Mr Wilde on first reading; title read by Clerk; Motion by Mr Wilde that Council Bill 201 be approved on first reading, ordered published, public hearing be set for Monday, September 9, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication; seconded by Mr Merkl; carried 7-1 with Mr Hobbs voting No Item 7 DECISIONS, RESOLUTIONS, AND MOTIONS Item 8 Motion by Mr Merkl that the contract for the Playground Structure for City Hall be awarded to Robert Churchich and Associates in the amount of their bid per specifications of $4,859 00 All costs to be charged to Account #32-601-860; seconded by Mr Wilde; carried 8-0 Motion by Mr Hobbs that the School Crossing Guard Program continue for the 1985-1986 school term and the School Crossing Guard Agreement be extended to the Parent Teacher Organizations electing to participate; seconded by Mr West Discussion CITY COUNCIL MINUTES August 12, 1985 Page -4- followed Mr Davis stated he would be voting No, because he thinks the City is taking a responsibility that R-l should take, not only in making payments for school guard crossing program, but also shouldering their responsibility as far as the liability is concerned; doesn't see that City is in any position to be doing that Motion carried 7-1 with Mr Davis voting No Item 9 Motion by Mr Davis that $1,700 be transferred from account 01-607-795 to account 01-109-619 to cover the cost of judge's, bailiff, and reporter's salaries to accomodate a second day-time court session per month; seconded by Mr Hobbs Discussion followed Mrs Snow asked Treasurer Malone if fines have increased to offset the cost Mr Malone stated he didn't know Motion carried 8-0 Item 10 Mr Malone spoke regarding the bids that were received Motion by Mr Merkl that the contract for a Computerized Payroll System be awarded to D P Consultants based on their proposal for a total of $24,350 00 All costs to be charged to account #01-117-750 It will be necessary to transfer funds of $24,350 00 from Account #01-607-795 to Account #01-117-750; therefore, I further move such a transfer of funds be approved to cover costs of this system; seconded by Mr Wilde Discussion followed Mr Davis stated he would be voting No, because it is not a budgeted item and not of Council's making Motion carried 7-1 with Mr Davis voting No Item 11 Resolution 951 - amending the City Budget for the Fiscal Year 1985 Motion by Mr Merkl for the adoption of Resolution 951; seconded by Mr FIasco; carried 8-0 Item 12 Motion by Mr Flasco that we award the contract for Schedule I of the 47th Avenue and Lamar Drainage Improvement Project to Wycon Construction Company in the amount of their bid of $483,413 75, plus a 15% contingency of $72,512 25, and that the Director of Public Works be authorized to sign all change orders All costs to be charged to Account #31-302-837 I further move a force account of $15,000 00 be approved for this project with costs charged to Account #31-302-837; seconded by Mr Davis; carried 8-0 Item 13 Motion by Mrs Snow that the amendments to Rule 27 and Rule 30 of the Personnel Rules be approved with protest to the Federal Government; seconded by Mr Merkl Mr West asked for an amendment to have birthday as floating holiday throughout the year, when it can be scheduled, effective January 1, 1985; seconded by ~1rs Snow Discussion followed Mr Merkl feels this should be discussed at budget time; Mr FIasco concurs Amendment failed 2-5 with Mr West and Mrs Snow voting yes Original Motion carried 8-0 CITY COUNCIL MINUTES August 12, 1985 Page -5- Item 14 Motion by Mr Hobbs that the September meeting schedule be changed and so advertised in the newspaper, that the Regular City Council Meetings will be held on September 9, and September 23, 1985, and that the Study Session be held on September 16, 1985; seconded by Mrs Snow Discussion followed Mr Palmer stated that Budget Hearings will be on September lO and 12; maybe we will need a third night; wants Council input Council suggested third night if necessary for September 17, 1985 Motion carried 8-0 Item 15 Motion by Nancy Snow to reconsider Resolution 949 - Industrial Revenue Bonds with 2 conditions 1) One-third (1/3) of the units are to be available to families with children of all ages; 2) Density is to be restricted to no more than 15 units per acre; seconded by Mr Merkl; carried 7-1 with Mr West voting No Motion by Mrs Snow to adopt Resolution 949 with the conditions that 1/3 of the units are to be available to families with children of all ages; and that density is to be restricted to no more than 15 units per acre; seconded by Mr Davis Mr Wilde stated he would be voting No, because in the last meeting they had some property for development that was in the floodplain and he voted against that; did vote for this property last time it came in, based on being in floodplain, however, in keeping with his previous vote on the other property, he will be voting No Motion carried 5-3 with Mr West, Mr Wilde, and Mr Hobbs voting No CITY ATTORNEY'S MATTERS John Hayes has requested that an Executive Session be held under 5 7 (b) (1) (A) Motion by Mr Merkl to hold an Executive Session after regular business is finished; seconded by Mr Wilde; carried 7-0 Mr Hayes stated he needs acceptance of a deed on Brown property at 4221 Jellison Street and forward appraisal to Open Space for their action Motion by Mr Merkl to approve this action; seconded by Mr Wilde; carried 7-0 ELECTED OFFICIALS' MATTERS Mr Merkl wants the alleys graded--even if it means buying a new blade for grader to fit alleys Mr FIasco stated he had talked to several people about the north section of Times Square; asked to investigate if City can put pressure on landlord and/or owner to fill the holes in thoroughfare Mr Davis addressed the cartoon in his box Mrs Snow addressed unsafe conditions on private property used as a thoroughfare; bump or curb at the south boundary of connector drive juts out in roadway; also addressed sidewalk in front of Friendly Ford; will there be one? Asked about security on Richards Hart Mansion; questioned Senior Center being closed on Sundays (Mr Palmer stated the Center is closed for the month of August for the renovation) Asked someone to check sprinkler system at the Soddy House CITY COUNCIL MINUTES August 12, 1985 Page -6- Mayor Stites stated that there was a meeting between the governor and mayors of municipalities and there will be another meeting to have something before the legislature on insurance coverage Wilmore Nurseries will be celebrating their 100 anniversary They requested a development fast track on a rezoning; request is to hear the first reading approximately 1 week before Planning Commission hears the case; and the second reading after Planning Commission Mr Wilde so moved; seconded by Mr Merkl Discussion followed Mr Hobbs called for the question; seconded by Mr Wilde; carried 6-1 with Mr Flasco voting No Vote on question carried 5-2 with Mr FIasco and Mrs Snow voting No Mr Hobbs wants to bring up a problem regarding legal description in an Ordinance under executive session Item 16 Motion by Mr Commission to (District II) Merkl to appoint Tom Stegbauer to the Planning fill Lou Longo's unexpired term until 3/2/86 and Item 17 Motion by Mr Merkl vacancy in District expire 3/2/88 to appoint Paulette Tierney to fill a III in the Personnel Commission; term to Mrs Snow asked that these items be separated Chair accepted Mr Hobbs asked if there were any other applications for these positions City Clerk stated there was one application without designation on what Board or Commission the person wanted to serve; Clerk had called the person and she is willing to serve on Planning Commission Mr Hobbs stated he will be voting No on Item 16 to give opportunity for people that had applied for the position Vote on Item 16 failed 3-5 with Councilmembers Merkl, Davis, and Flasco voting yes Vote on Item 17 carried 7-1 with Mr Davis voting No Motion by Mrs Snow for the City to publish all vacanCles on Boards and Commissions; seconded by Mr West; carried 7-0 Motion by Mr Merkl to adjourn immediately after Executive Session; seconded by Mr Davis; carried 7-0 EXECUTIVE SESSION WAS HELD Meeting adjourned at 10 25 P m I ( )) Ii 7' l/I,~ ~~Vt-n&i Wanda Sang, City ,lerk APPROVED BY CITY COUNCIL ON AUGUST 26, 1985 BY A VOTE OF ~ TO o ~0~LL'--'t.'-- ,'__i.. (1. '"-, Dan Wilde, Council President