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HomeMy WebLinkAbout10/14/1985 October 14, 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, Moe Keller, Nancy Snow, Randy West, and Dan Wilde Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes; City Treasurer, Jim Malone; Director of Community Development, Charles Stromberg; Director of Parks, Richard Bredt; Chief of Police, Howard Jaquay; staff; and interested citizens APPROVAL OF MINUTES of September 23, 1985 Motion by Mr seconded by Mr Davis for the approval of the Minutes of 9/23/85; Merkl; carried 8-0 PROCLAMATIONS Neighborhood Design Week - week of November 4, 1985 Mayor Stites read the proclamation LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for a new Class T - Tavern Ljquor License, with extended hours, for II Mates, Inc , dba Scandals, located at 4715 Kipling Street - Public Hearing Sworn in by the Mayor were Applicants Frank Ciardullo, 10337 King Ct , Westminster, Jeanne M McCann, 11721 W Prentice Place, Littleton, and Mike Fahey, 3257 S Parker Road, gave their intentions what to have at the facility James Harrington, 4777 Carr Street, read statement into the record; primarily will be looking for any discrimjnation by the new owners Charles Hick, attorney, 1700 Lincoln, spoke for Ina Day, sister of the estate Mr Hick represents, and manager of American Family Hotel, David Duff; feels there js no need in this area for this license; also there is a problem with the parking places leased from American Family Executive Session was held Motion by Mr Hobbs that the application for a new Class T - Tavern Liquor License with extended hours for II Mates, Inc , dba Scandals, located at 4715 Kipling Street, Wheat Ridge, be approved for the following reasons 1) All applications and fees required by statute have been filed and pajd; 2) Notice of hearing and posting of the premises have been accomplished according to statutory requirements; 3) The applicant is in possession of the premises by virtue of a signed lease dated 9/1/85; 4) The corporate officers have been shown by investigation to be of good moral character; 5) The evidence adduced at the Public Hearing on October 14, 1985 established that the desires of the residents of the nejghborhood under consjderation are not bejng met; CITY COUNCIL MINUTES October 14, 1985 Page -2- The premises have been previously approved and licensed under a Class T - Tavern License; 7) A condition is added Subject to requirement that applicants first obtain a sales tax license, which all partners understand cannot be issued until all zoning requirements have been met, which include parking; seconded by Mr Wilde; carried 8-0 Item 2 Application for a new Class J - 3 2% Beer Retail License for National Convenience Stores Incorporated, dba Shop N Go Market, 9999 W 38th Ave, Wheat Ridge - set I-mile radius Motion by Mr Merkl that the neighborhood be set at a I-mile radius, that a survey to establish the needs and desires of the neighborhood be taken, and that the public hearing on this application be held on October 28, 1985; seconded by Mr Hobbs; carried 8-0 CITIZENS' RIGHTS TO SPEAK A R Pfeiffenberger, 1338 S Valentia Street, addressed bus stop benches Represents a bench advertising company; would like to have benches with advertising in other areas and not just in commercial Susan McClellan, 12166 W 7th Avenue, supports the benches with advertising in other areas Helen M Koester, concurs with the two previous speakers Mayor Stites assigned this study to Community Development Committee PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 3 Council Bill 205 - An Ordinance providing for the approval of rezoning from Agricultural-One to Residential-Three-A on land located at approximately 10500 South 1-70 Service Road, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-85-15) (Chris Dody) Council Bill 205 was introduced on second reading by Mrs Keller; title read by the Clerk Motion by Mrs Keller that Council Bill 205 be referred back to Planning Commission as an R-2-A for a hearing as soon as possible, and all fees by this applicant be waived; seconded by Mr West Sworn in by the Mayor was applicant Chris Dody, 343 W Lehow, Englewood, who stated he will accept the R-2-A Call for the question by Mr West; seconded by Mr Hobbs; carried 6-2 with Mrs Keller and Mr Wilde voting No Vote on the original motion was 5-3 with Councilmembers Merkl, Wilde, and Davis voting No CITY COUNCIL AGENDA Item 4 Council read by for the Item 5 Councjl read by for the Request Item 6 October 14, 1985 Page -3- Council Bill 206 - An Ordinance amending Chapter 14 of the Code of Laws of the Ci ty of Wheat Ri,dge by amending Section 14-42 2b, Possession of Alcohol in Public Places, and by adding Sections 14-42 2c, 14-42 2d, and 14-42 e Bill 206 was introduced on second reading by Mrs the Clerk Ordinance 638 was assigned Motion by adoption of Ordinance 638; seconded by Mr Merkl; Snow; title Mrs Snow carried 8-0 Council Bill 209 - An Ordinance amending Chapter 18 and 19 of Appendix A of the Code of Laws of the City of Wheat Ridge to add the definition of "Truck Tractor" and to require approval of a site plan for parking of said truck tractors in Commercial-One (C-l) and Commercial-Two (C-2) Zoning Di s tr j,cts Bill 209 was introduced on second reading by Mrs Keller; title the Clerk Ordinance 639 was assigned Motion by Mrs Keller adoption of Ordinance 639; seconded by Mr FIasco; carried 8-0 to correct "semi-tailor" to "semi-trailer Application by Kenneth Frens for approval of a temporary site plan for commercial development within the Kipling Activity Center 0 property located at 9970-92 West 44th Avenue and 4388-90 Kipling (Case No WSP-85-6) (Continued from September 9, 1985) Mr Gidley presented the case Present and sworn in by the Mayor was applicant Ken Frens Motion by Mr Merkl for the approval of a temporary site plan for commercial development within the Kipling Activity Center; seconded by Mr FIasco; carried 8-0 Item 7 Application by Edwin Allen for approval of a site plan in the Wadsworth Activity Center for property located at 3885 Upham Street (Case No WSP-85-7) Mr Gidley presented the case Present for the applicant and sworn in by the Mayor was Ellis Lund who answered questions of Council Discussion was held Motion by Mr West for the approval of a site plan in the Wadsworth Activity Center; seconded by Mr Hobbs; carried 8-0 CITY COUNCIL MINUTES October 14, 1985 Page -4- ORDINANCES ON FIRST READING Item 8 Council Bill 212 - An Ordinance concerning Water Rights to, and the use of, Water from the Dawson, Denver, Arapahoe, and Laramie - Fox Hill Aquifer requiring deeded water rights in connection with water service changes regulating well construction Council Bill 212 was introduced by Mr Merkl on first reading title read by the Clerk; Motion by Mr Merkl that Council Bill 212 be approved on first reading, ordered published, public hearing be set for Monday, October 28, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect l5 days after final publication; seconded by Mr. Hobbs; carried 8-0 Item 9 Council Bill 213 - An Ordinance amending Appendix A of the Code of Laws of the City of Wheat Ridge by adding a Section 30 1, opportunity for neighborhood input required Council Bill 212 was introduced by Mrs Keller on first reading; title read by the Clerk; Motion by Mrs Keller that Council Bill 213 be approved on first reading, ordered published, public hearing be set for Monday, October 28, 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 Hobbs; carried 8-0 Item 10 Council Bill 214 - A Ordinance amending the Code of Laws of the City of Wheat Ridge by revising certain sections of Chapter 2 and Chapter 18 thereof, relating to the Civil Service Commission's authority and duties regarding the hiring of entry level employees of the Police Department Council Bill 214 was introduced by Mrs Snow on first reading; title read by the Clerk; Motion by Mrs Snow that Council Bill 214 be approved on first reading, ordered published, public hearing be set for Monday, November 25, 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 Mr Davis stated that he would be voting No on first reading; he did not feel this was quite what Council had wanted to do when this was discussed; he still feels there is a better way of taking care of any problems this Ordinance is suppose to take care of Civil Service Commission should be an integral part of hiring police officers in this City Mrs Snow stated she is not totally in favor of this ordinance, but will vote for it on first reading Motion carried 7-1 with Mr Davis voting No CITY COUNCIL MINUTES October 14, 1985 Page -5- Item 11 Council Bill 215 - An Ordinance amending various sections of the Code of Laws of the City of Wheat Ridge raising certain existing or adding certain new taxes and/or fees, specifically adding new sections 21-53, Lodger's Tax, and section 21-54 Admission's/Amusement Tax; and amending existing sections 21-5(i)(7) Exempt Sales (by removing exemption of Gas and Electricity used in processing or manufacturing), Section 3-3 (Occupation Taxes on Liquor Licenses), Sections 3A-7 (A) (1), (2) , (3), and (5) (Raising fees on Amusement Devices), Section 9A-6 (License Fees for Guard Services and Security Agencies), Sections 5-81 and 5-82 (Fees pursuant to the Uniform Building Code), and Section 30 of Appendix A (Rezoning and related application fees) Council Bill 215 was introduced on first reading by Mr Merkl; title read by the Clerk Motion by Mr Merkl that Council Bill 215 be approved on first reading, ordered published, public hearing be set for Monday, October 28, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect January l, 1986 ; seconded by Mrs Keller; carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 12 Resolution 958 - adopting the salary schedule for pay grades and pay ranges for the fiscal year 1986 Motion by Mr. Flasco that Resolution 958 be adopted; seconded by Mr West Amended motion by Mr Merkl that the Civil Service and Personnel Commissions be asked to bring supplemental recommendations back to City Council if they wish to do so after they have reviewed survey material done on salaries; seconded by Mr Hobbs Mr. Flasco stated he will be voting no, he left it out purposely, because he thinks the Personnel and Civil Service Commissions always have the right to bring to City Council their recommendations and doesn't think they should be directed to this time to make a study of it Mr West will be voting no because he agrees with Mr Flasco Mrs Snow stated she will be voting No because it is encouragement for people to keep coming back for salary reconsideration Amended motion failed 2-6 with Councilmembers Hobbs and Merkl voting yes Original motion carried 7-1 with Mr Hobbs voting No Item 13 Resolution 959 - adopting the City Budget and establishing mill levy for the purpose of deriving property tax revenues the City of Wheat Ridge for the fiscal year 1985 to Motion by Mr Davis for the adoption of Resolution 959; seconded by Mrs Snow; carried 7-l with Mr FIasco voti.ng No CITY COUNCIL MINUTE~ October 14, 1985 Page -6- Item 14. Award contract for the Senior Center Improvement Project to a contractor of Council's choosing and adoption of Resolution 960 - authorizing the Mayor to sign the Intergovernmental Agreement entitled request for payment and certification of use of funds for the construction of a parking lot at the Wheat Ridge Senior Center Edgar Johnson, 3700 Benton Street, spoke in support of this project He appeared as a representative of Highland West Board of Directors Motion by Mr Merkl to award the bid to Valle del Rio; seconded by Mr. Flasco Mr Wilde stated he definitely feels this project needs to be undertaken He will be voting against this unless a time period is placed in there that project will not be started prior to election day Mr Flasco moved to amend the motion to start construction on November 6, 1985 Mr Merkl accepted this as part of his motion Mr Davis stated he will vote for this since it has gone this far, but feels that as a business man in this City he takes objection to what Mr Merkl said, that we allow even to let a C/O go out, the way this was handled Mrs Snow states she will be voting no now, this is ridiculous Obviously we have made a big drainage pond we have to fix it, but not out of Open Space funds; has to come out of either drainage funds or unallocated surplus I'm sorry we can't fire a bunch of people in the process because this is outrageous; seconded by Mr West; carried 7-1 with Mrs Keller voting No Vote on original motion failed 4-4 with Councilmembers West, Keller, Hobbs and Snow voting No Discussion followed Motion by Mrs Keller that $23,000 be taken from drainage funds designated for that purpose Construction to begin after November 6, 1985 Award contract to Valley Del Rio in the amount of their bid of $89,086 and 15% contingency of $13,362 and that the Director of Parks and Recreation be authorized to sign all change orders Mr Davis stated that he will be voting No because now a very needed drainage project is going to suffer and most are on Upham Street and that is a dangerous area Motion was withdrawn Motion by Mrs Keller that we award for the Senior Center Improvement project to Valley Del Rio in the amount of their bid of $89,086 and 15% contingency of $13,362 and that the Director of Parks and Recreation be authorized to sign all change orders Costs to be charged to account #31-302-838 with construction to begin no earlier then November 6, 1985; seconded by Mr Hobbs Discussion followed Mr Dais stated that he will be voting No because we're doing this at the expense of another project Mr Hobbs called for the question; seconded by Mr. Wilde; carried 7-1 with Mr FIasco voting No Vote on the original motion carried 7-1 with Mr Davis voting No Item 15 Motion to adopt Ordinance 637 in override of Mayor's veto of Ordinance 637 on September 26, 1985 Phyllis Lancaster, 4076 Everett Street, representing Wheat Ridge United Neighborhood, urged Council to support Mayor's veto CITY COUNCIL MINUTES October 14, 1985 Page -7- Dougal Graham, 3330 Chase, representing Area 4 Planning Committee, urged Council to support Mayor's veto Motion by Mr. Davis to adopt Ordinance 637 and override the Mayor's veto; seconded by Mrs Snow Mr Hobbs stated he would be voting no because he feels the people in this City want to pay as you go and he feels the City can get these projects done without having an $11,000,000 bond indebtedness Mr Wilde stated he would be voting no for 2 reasons 1) the amount of money it costs to float these bonds; 2) He believes that the people ought to vote on it Mr West stated he will vote no because he believes this should go to the vote of the people and he w,i 11 vote the way his constituents want him to which is to vote against this Mr Flasco stated he will be voting no He has voted continually not to go into and $11,000,000 bond issue; doesn't think City can spend the money any faster; residents pride themselves on pay as you go; should go to a vote of the people Mrs Keller stated she will be voting no, even though she feels this is a financial alternative, but her constituents do not want to go to the bond but stay a pay-as-you-go Motion failed 3-5 with Councilmembers Merkl, Davis, and Snow voting yes Item 16 Motion to support WRURA Resolution UR 85-16 - authorizing member of staff to travel to New Orleans, L A Don Lancaster, Chairman of Urban Renewal Authority, 4076 Everett, asked for a member of staff, preferably Charlie Stromberg to be allowed to attend this seminar. Discussion followed Motion by Mr West for the approval of Resolution UR 85-16; seconded by Mrs Keller, with Urban Renewal Authority deciding who will go Vote fails 4-4 with Councilmembers Hobbs, Davis, Snow and Flasco voting No Motion by Mr Flasco for approval and that the Mayor make the decision as to who will go; seconded by Mr Hobbs; carried 5-3 with Councilmembers Hobbs, Davis, and Snow voting No CITY COUNCIL MINUTES Item 17 October 14, 1985 Page -8- CONSENT AGENDA A Motion that the Polling Place for District I, Precinct 2, be Highland West Apartments, 6340 W 38th Avenue, for the November 5, 1985 Municipal Election only B Motion that the City accept the Audit Proposal by Gruenler and Huebner, PC, for fiscal year's 1985 and 1986, at a cost of $7,250 per year C Motion that the City enter into agreement with the Colorado State Forest Service for a Forest Management Plan for the Wheat Ridge Greenbelt at a cost of $15 per acre, not to exceed $3,500 and be charged to account 604-704 D Motion that the Agreement regarding Construction of Improvements to Lena Gulch in Wheat Ridge, Schedule V (Agreement No 85-09 04) be approved and the Mayor is hereby authorized to sign said agreement E Motion that an amount not to exceed $3,500 be approved for the Annual Appreciation Dinner, to be charged to Account Ol-610-712 F Motion that the City of Wheat Ridge accept the attached deeds and easements involving 32 parcels of land required for street improvements and storm sewer right of way (Project SI-IOl 04-85-5) G Motion to contribute $15,000 toward the funding of the Wadsworth Blvd Corridor Study H Motion for approval of funds in the amount of $4,135 35 for these products based on the fact that 3M Company is sole source supplier All costs to be charged to Account #304-660 I Motion that request for bids be published for the sale of City-owned property at the SW corner of 38th and Depew CITY COUNCIL MINUTES October 14, 1985 Page -9- J Motion that the Publjc Works Department work with the Wheat Ridge Fire District to purchase OPTICOM preemption equipment from the 3M Company at a cost to the Cjty not to exceed $18,524 I further move that an additional $8,900 be authorized for the City's signal majntenance contractor to install this equipment These costs are to be charged to Account #31-304-843 K Motion that the invoice for $8,331 53 from Colorado Intergovernmental Risk Sharing Agency be approved L Motion that $15,200 be transferred from Account 01-607-795 to Account 01-610 Items A, C, D, G, I, J, were pulled to be discussed and voted on separately Motion by Mr Merkl for the approval of B, E, F, H, K, L; seconded by Mr West; carried 8-0 17 A Dougal Graham, 3330 Chase, Area-4 Planning Committee, asked Council to vote No on changing of Polling Places No motion was made to change polling place 17 C Motion by Mrs Keller for approval; seconded by Mr. Davis; Motion by Mr Flasco to have funds taken from Open Space; seconded by Mr Merkl; failed 3-5 wjth Councilmembers Davis, Merkl, and FIasco voting yes Vote on original motion carried 6-2 with Mr Merkl and Mr Flasco votj.ng No Motion by Mr Hobbs to suspend the Rules and go past 11 00 P m and fjnish the agenda in jts entirety; seconded by Mr Merkl; carried 5-3 with Councilmembers West, FIasco, and Davis voting No 17 D Louise Turner, 11256 W 38th Avenue, made a statement regarding Lena Gulch; feels every phase should come back and be presented to Council at an open meeting; feels i.t should be done again, because it has not been before Council since 1981 Motion by Mr West for approval; seconded by Mrs Snow; carried 8-0 17 G Motion by Mr FIasco for approval, with funds coming from Account 31-303-840 and for Ric Minetor to be representative; seconded by Mr Merkl; carried 8-0 17 I Motion by Mr Merkl for approval; seconded by Mr West; carried 7-1 with Mr Hobbs voting No 17 J Mr FIasco asked to abstain Chair accepted Discussion Motion by Mrs Keller for approval; seconded by Mr Davis carried 6-1 with Mr Davis voting No, Mr FIasco abstaining CITY COUNCIL MINUTES October 14, 1985 Page -10- CITY ATTORNEY'S MATTERS Mr. Hayes asked for a Mr Merkl that $5,l09 seconded by Mr West; motj.on on the Lucas and Darr funding be paid to Mr & Mrs Lucas; $3,845 to carried 7-1 with Mr Flasco voting No Motion by Mrs Darr; Mr Hayes asked for a motion to allow him to lease 2 sets of law volumes from the City Law Library Mrs Snow so moves; seconded by Mr Merkl; carried 8-0 Motion by Mr West to adjourn; seconded by Mr. Davis; failed 3-5 with Councilmembers West, Merkl, and Davis voting yes Mrs Keller asked Mr Palmer & Garrison--will he see that street striping machine Mr of the month about "Slow Children Playing" sign at 44th it is replaced; asked Mr Minetor about Minetor stated it should be jn by the end Mr Merkl concurs with Mrs Keller about striping machine; stripe streets by hand if we have to Motion by Mr 6-2 with Mr 6-2 with Mr Hobbs to revote on Item 13; seconded by Mr Wilde; carried Davis and Mrs Snow voting No Revote on Item 13 carried Hobbs and Mr FIasco voting No Mr Davis also spoke regarding the striping machine Mrs Snow asked for consensus on what to have for entertainment when Wheat Ridge host Jeffco Governments in January Consensus was 8-0 to have Jefferson High School Choir Motion by Mr Davis for adjournment; seconded by Mr Flasco; carried 7-1 with Mr West voting No Meeting adjourned at II 45 P m APPROVED BY COUNCIL ON OCTOBER 28, 1985 BY A VOTE OF 9 TO () ~~ Dan Wilde, Council President