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