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Home My WebLink About12/16/1985 DECEMBER 16, 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 Flasco, Doris Ibbison, Rod Johnson, Larry Merkl, Moe Keller, Randy West, and Claudia Worth Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes; Public Works Director, Rodger Young; Chief Planner, Glen Gidley; Commander Ed Ray; staff; and interested citizens APPROVAL OF MINUTES of December 9, 1985 Motion by Mrs Keller for the approval of the Minutes of December 9, 1985; seconded by Mr Johnson; carded 5-0 with Councilmembers Ibbison, Merkl, and Worth abstaining Mr West stated that on the last page his statement should read "in addition to", not "instead of" CITIZENS' RIGHTS TO SPEAK There was no one present to speak LOCAL LIQUOR AUTHORITY MATTERS Item 1 Motion to approve/not to approve the renewal appLicati on for a Class T - Tavern Liquor License with extended hours - for Club Corner, Inc , 655l W 44th Avenue, and authorize the Mayor to sign/not to sign the application Present Street, Session FIasco; and sworn in by the Mayor was Richard C Landrum, 720 Kipling attorney for Club Corner Motion by Mr Merkl for an Executive under Section 5 7(b)(1)(C) of the City Charter; seconded by Mr; carried 8-0 EXECUTIVE SESSION WAS HELD Motion by Mrs Ibbison to approve the renewal application for a Class T - Tavern Liquor License with extended hours - for Club Corner, Inc , 6551 W. 44th Avenue, and authorize the Mayor to sign the application In approving this renewal, the licensing authority is aware of a pending hearing on an alleged violation The licensing authority reserves all of its rights and powers to take any appropriate action at the conclusion of that hearing Mr FIasco stated he would be voting No, because he feels the past violations are enough not to renew license Motion carried 7-1, with Mr Flasco voting No CITY COUNCIL MINUT~~ December 16, 1985 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 A Council Bill 216 - An Ordinance providing for the approval of rezoning from Agricultural-One to Restricted Commercial on land located at the northwest corner of Miller Street and West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-85-17) (Ri,chard Garramone) Council Bill 216 was introduced by Mr Davis on second reading; title read by the Clerk Ordinance No 646 assigned Mr Gidley presented the case Mr Garramone was present and sworn in by the Mayor and gave his reasons for wanting the rezoning Motion by Mr Davis for approval with conditions agreed upon by City and applicant; seconded by Mr Johnson; carried 8-0 B An AppLication by Richard Garramone for the approval of a consolidation plat for property located at the northwest corner of West 44th Avenue and Miller Street (Case No MS-85-85) Motion by Mr Davis for approval; seconded by Mr West; carried 8-0 Item 3 Council Bill 220 - An Ordinance amending the Code of Laws of the City of Wheat Ridge by adding Chapter 19 relating to Satellite Signal Receiving Earth Stations (To be continued to January 13, 1985 at the request of the City Attorney) Counci,l Bill 220 was read by the Clerk 1986; seconded by Mr Item 4 introduced by Mr FIasco on second reading; title Motion by Mr Merkl to continue until January 13, West; carried 7-l with Mr Flasco voting No An Emergency Ordinance imposing a Moratorium upon the Issuance of Building Permi,ts and the approval of certain land use applications within the City of Wheat Ridge based upon the emergency found by the City Council and specified herein Mr Gidley explained the Emergency Ordinance Sworn in by the Mayor were Ralph Mangone, 2781 Berry Lane, Golden, who addressed his concerns; feels emergency ordinance was instrumented to block rezoning ordinance (Item 5) Janice Thompson, 12290 W 42nd Ave, who supports the moratorium; stated study was not completed; felt Council should study all options for the good of the neighborhood Jim Huff, 7125 W 80th Place, who owns property in area and stated his hands are tied for development of his property Discussion followed Motion by Mr. Davis to take Item 5 first, and continue it until January 13, 1986 after the January Study Session, and to eliminate the Emergency Ordinance; seconded by Mr Merkl Mrs Keller stated she would be voting No, because she is concerned about everyone else who may come in for a permit in that area Motion carried 6-2 with Mrs Keller and Mrs. Worth voting No CITY COUNCIL MINUTES Item 5 December 16, 1985 Page -3- Council Bill 221 - An Ordinance providing for the approval of rezoning from Commercjal-One, Residential-Two, and Agricultural-One to Planned Commercial Development and for the Establishment of permitted uses on property located southeast of West 44th Avenue and Youngfield Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-85-10) (Kunz Construction) (See Motion under Item 4) Item 6 ORDINANCE ON FIRST READING (No Public Testimony) Council Bill 224 - An Ordinance providing for the approval of rezoning from Restricted-Commercial, to Commercial-One on land located at 6615 West 38th Avenue, City of Wheat Ride, County of Jefferson, State of Colorado (Case WZ-85-26) (Lawrence Lefholz Jr Council Bill 224 was jntroduced by Mr Merkl on first reading; title read by Clerk; Motion by Mr Merkl that Council Bill 224 be approved on first reading, ordered published, public hearing be set for Monday January 27, 1986 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 Mrs Keller; carried 8-0 Item 7 Council Bill 225 - An Ordinance providing for the approval of Rezoning from Agricultural-one to Residential-Two 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 225 was introduced by Mrs Keller on first reading; title read by Clerk; Motion by Mrs Keller that Council Bill 225 be approved on first reading, ordered published, public hearing be set for Monday, January 13, 1986 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 Hr Johnson; carried 8-0 Item 8 Council Bill 226 - An Ordinance amending Ordinance 642, Series of 1985 by repealing and reenacting Section 8 thereof, and readopting Section 5-82 of the Code of laws of the City of Wheat Ridge, which Sectjon relates to fees charged for Building permits Council Bill 226 was introduced by Mr Flasco on first reading; title read by Clerk; Motion by Mr FIasco that Council Bill 226 be approved on first reading, ordered published, public hearing be set for Monday January 13, 1986 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect retroactively on January 1, 1986; seconded by Mr Merkl; carried 8-0 CITY COUNCIL MINUTES December 16, 1985 Page -4- DECISIONS, RESOLUTIONS, AND MOTIONS Item 9 Resolution 967 - declaring City Council's opposition to the inclusion of Wadsworth Boulevard as a Hazardous Material Route as suggested by the Chief of Transportation, Colorado Public Utilities Commission Motion by Mr Merkl for the adoption of Resolution 967; seconded by Mr Flasco, and suggests it be hand carried to Public Utilities Commission; carried 8-0. Item 10 Resolution 968 - providing for Budget transfers within the Annual Budget (Legal Fees) Motion by Mr Merkl for the adoption of Resolution q68; seconded by Mr Johnson; carried 7-1 with Mr West voting No Item 11 Motion by Mr Davis that the contract for Schedule III of the 39th and Upham Drainage project be awarded to BT Construction Co in the amount of their bid of $319,587 with a $47,938 contingency, and that the Public Works Director be authorized to sign change orders up to a total contract cost of $367,525 00 Further motion that a force account fund of $10,000 be authorized for necessary work by others, and that all costs be charged to Account No 31-302-834; seconded by Mr West Present and representing Brannan Sand and Gravel was Timothy Lyons, 7710 S Kit Carson Dr , who stated the Company's reputation and gave reasons why they should be awarded the contract since they are the low bidders Discussion followed Motion carried 8-0 Item 12 Motion by Mrs Keller to award the contract for 1986 Janitorial Services to Janitorial Programs in the amount of their base bid of $2,150 00 per month. The contract to be charged as follows 602-704 - $1,515 00 month 603-704 - $ 260 00 month 57-305-704 - $375 00 month; seconded by Mr Davis; carried 8-0 Item 13 Motion by Mr West to approve the agreement between City Attorney, John Hayes, and the City of Wheat Ridge; seconded by Mr Johnson; carried 8-0 CITY ADMINISTRATOR'S MATTERS Mr. Palmer announced the resignation of Rodger Young, Director of Public Works CITY COUNCIL MINUTES: December 16, 1985 Page -5- CITY ATTORNEY'S MATTERS Mr Hayes gave his explanation on his request for delaying Item III; The Rock Gilhouse property was addressed and how important it is to close by the end of the year and Open Space will not close on property before end of year Mr Hayes also stated that there had been a long awaited meeting between Jeffco Attorney, School District Attorney and himself Mr Hayes is drafting a proposal legislation Request by Mr Hayes for the Liability Insurance issue be placed on the February Study Session Mr Hayes reminded Council the on Thursday, December 19, 1985 at 9 00 a m Judge Vallano will being deciding the case of Residency Requirement for City Councilmembers Mr Hayes stated that he would Like a discussion on a possible definition of a residential requirement for Elected Officials to be on a Study Session Mr Hayes completed his comments by Thanking the City Council for his reappointment ELECTED OFFICIALS' MATTERS Wanda Sang addressed the Jeffco Governments meeting menu and asked Council their preference; consensus was 5-3 for beef Rod Johnson addressed the flack he has received on 35th and Allison Kent Davis asked operational; Mr fini shed when the light signals on 38th and Allison would be Mintor stated as soon as Public Service Company is Mr Merkl stated that Community Development Commission and Cival Service Commission will meet on Tuesday, December 17, 1985 Mr Merkl also commented on the Seattle Convention being one of the best for information Randy West thanked Rodger Young for his services and wished him good luck CITY COUNCIL MINUTEST December 16,1985 Page -6- Tony Flasco addressed Emergency Surgeons Convention in Orlando, Florida which will be held in February Motion by Mr. FIasco to send two from the City; seconded by Mr Merkl; carried 8-0 Claudia Worth asked if we were discrimi.nating against the Adult Book Store by not not including them in the tax increase; Mr Hayes stated that he will take that up with Jacque Wedding Mayor Stites reminded everyone that Wednesday, December 18, 1985 is the corner stone laying at the Senior Center at 2 00 p m Meeting adjourned at 10 40 P m APPROVED BY CITY COUNCIL ON JANUARY 13, 1986 BY A VOTE OF ~ TO ~ ~d'H Kent Davis, Council President