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HomeMy WebLinkAbout03/17/1986 CITY COUNCIL MINUTES -- CITY OF WHEAT RIDGE, COLORADO ~larch 17, 1986 The City Council Meeting was called to order by the Mayor at 7 30 P m Councilmembers present Kent Davis, Tony FIasco, Doris Ibbison, Rod Johnson, Larry Merkl, Randy West, and Claudia Worth Moe Keller was ill, but left sealed votes with Clerk Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes; City Treasurer, Jim Malone; Public Works Director, Ric Minetor, staff; and interested citizens APPROVAL OF MINUTES of February 24, 1986 Motion by Mr Merk1 for the approval of the Minutes of February 24, 1986; seconded by Mr Johnson; carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor Stites administered the Oath of Office to newly appointed Board and Commission members CITIZENS' RIGHTS TO SPEAK Connie Rossillion, 6505 W 31st Ave , addressed her mistakes and setting a trap while a member of the Arborist Board Her "mistakes" were 1 To push for full complement of 8 members on Board; 2 pushing for regular meetings; 3 taking minutes to be used as verification of fact; 4 updating the portion of Codes governing the Arborist Board to clarify what was expected of the Board and eliminating varying inconsistencies; 5 going to every meeting and function to which she was invited as an Arborist Board member She set her trap and someone fell in LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for a new Class J-l - 3 2% Beer License for Bradley Petroleum, Inc , dba Bradley Self Serve, located at 7403 W 38th Avenue, Wheat Ridge, Colorado Motion by Mrs Worth to postpone this item until April 14, 1986 at applicant's request; seconded by Mr Merkl; carried 7-0 Item 2 Application for a new Class T - Tavern Liquor License for Peaches, Inc , 7777 West 38th Avenue, Wheat Ridge Motion 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 April 14, 1986 Motion by Mr Davis that the nei.ghborhood 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 April 14. 1986 seconded by Mr Johnson; carried 8-0 CITY COUNCIL MINUTES March 17, 1986 Page -2- Item 3 Motion to approve the Transfer of Ownership from the partnership of George Vendegnia, Jerry Satriano, and Grace Sesanti, dba Compa' s, 4105 Wadsworth Blvd , \~heat Ri.dge, to a corporation, Cappuccino's Inc , consistinq of President, Gary R Conte; Vice-President, Andrew W Pietrafeso; Treasurer/Secretary, Victoria S Conte This is a Class G - Hotel & Restaurant Liquor License with extended hours Applicants Gary R Conte, 1311 Tennyson Street, Denver, and Andrew W Pietrafeso, 44 S Holman Way, Golden, were present and sworn in by the Mayor Motion by Mr Merkl to approve the Transfer of Ownership from the partnership of George Vendegnia, Jerry Satriano, and Grace Seganti, dba Compa's, 4105 Wadsworth Blvd, Wheat Ridqe, to a corporation, Cappuccino's Inc , consistinq of President, Gary R Conte; Vice-President, Andrew W Pietrafeso; Treasurer/Secretary, Victoria S Conte This is a Class G - Hotel & Restaurant Liquor License with extended hours; seconded by Mr Davis; carried 8-0 Item 4 Motion by Mrs Ibbison to approve the chanqe of corporate officers for E.'WD, Inc , dba Tabor Lake Inn, 12100 W 44th Avenue, Wheat Ridge The officers are Tamra Watson, 10992 Albion Circle, Thornton, Colorado, president; and Gerald E Schmidt, 1938 Beverly Hills, Billings, Montana, secretary; seconded by Mrs Worth carried 8-0 Item 5 Motion to approve the Transfer of Ownership from the partnership of Kenneth F Gottwald and Chester R Lazicki, dba Time Square Liquors, 4261 Wadsworth Blvd, Wheat Ridge, to a corporation, Time Square Liquors, Inc , consisting of President, Terri E Hernandez and Vice-President, Leslie J Clayton This is a Class D - Retail Liquor Store License Barry Hudson, attorney for applicants, and applicants Leslie J Clayton, and Terri Hernandez, were present and sworn in by the Mayor Motion by Mr West to approve the Transfer of Ownership from the partnership of Kenneth F Gottwald and Chester R Lazicki, dba Time Square Liquors, 4261 Wadsworth Blvd , Wheat Ridge, to a corporation, Time Square Liquors, Inc , consisting of Presi.dent, Terri E Hernandez, and Vice-President, Leslie J Clayton This is a Class D - Retail Liquor Store License; seconded by Mr Merkl; carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 6 An application by Rose & Hugh Foster for the approval of a Two-Lot Minor Subdivision located at the northeast corner of Jay Street and West 35th Avenue (Case No MS-85-9) (Rose & Hugh Foster) Mrs Worth stated that she heard this case as a Board of Adjustment member and asked if she should abstain Mr Hayes said it is not necessary Chair accepted Mr Gidley presented the case Mr Foster had taken pictures of Rocky Mountain Ditch and they were passed around to Council Applicants Hugh Foster, 3441 Fenton, and Bud Foster, 2460 Lee Street, were present and sworn in by the Mayor - CITY COUNCIL MINUTES l'1arch 17, 1986 Page -3- Mr Hugh Foster stated he did not understand there was a 2 1/2 ft dedication and the case had been heard twice Deed states 5 ft easement Mr Neal Jaquet of Rocky Mountain Water Company, Golden, was present and sworn in by the Mayor and qave reasons for wantinq 25' Right-of-Way Discussion followed Motion by Mr Merkl for approval for the following reasons I All requi.rements of Subdivision have been met 2 Staff recommends approval With the following conditions 1 2 5' is dedicated for ROW purposes on Jay Street as shown on plat 2 A 15 ft non-exclusive easement for utility purposes including Rocky Mountain Ditch Water Company be shown on plat; seconded by Mr Johnson Mr FIasco stated he will be voting No, because we have a regulation stating we require a dedication--we are going against our own regulation Public Works Department has requested it I think it's wrong to waive it and ask for an easement If you are going to do it to these people, then everyone else in City should have the same right Also does not agree with 15 ft easement for Ditch Company 5 ft on one side and 10 ft on the other side is not enough to maintain the ditch Notion carried 6-1 with ~lr FIasco voting No ORDINANCES ON FIRST READING Item 7 Council Bill 234 - An Ordinance providing for the approval of rezoning from Commercial-One and Residential-Two to Planned Commercial Development and for the approval of a Combined Outline and Final Development Plan and Plat on land located at 6161 West 48th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-85-31) (Public Storage Company) Council Bill 234 was introduced by Mr Davis on first reading; title read by Clerk; Motion by Mr Davis that Council Bill 234 be approved on first reading, ordered published, public hearing be set for Monday, April 14, 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 Nr West; carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 8 Resolution 974 - authorizing the City of Wheat Ridge to join with other Local Government Entities as a Participant in the Colorado Local Government Liquid Asset Trust (COLOTRUST) in order to pool funds for investment Resolution Mr Malone Resolution 974 was introduced by explained COLOTRUST 974; seconded by Mr Mr Merkl title read by the Clerk Motion by Mr Merkl for the adoption West; carried 8-0 of CITY COUNCIL MINUTES March 17, 1986 Page -4- Item 9 Resolution 975 - setting forth investment policy and guidelines for investment of City funds by the City Treasurer Resolution 975 was introduced by Mr Johnson; title read by the Clerk Mr r'1alone explained Motion by Hr Johnson for the adopt ion of Resolution 975; seconded by Mr West; carried 8-0 Item 10 Resolution 976 - amending Resolution No 958 adopting Salary Schedule and Providinq Pay Grades and Pay Ranges for Fiscal Year 1986 Resolution 976 was introduced by Mr West; title read by the Clerk Mr Palmer explained Motion by Mrs Worth for the adoption of Resolution 958; seconded by Mrs Ibbison Mr FIasco stated he will vote No, because he doesn't feel this is what Council had in mind Motion carried 7-1 with Mr FIasco votinq No Item 11 Resolution 977 - the City of Hheat Ridge (the City), State of Colorado, is authorized by the County and Municipality Development Revenue Bond Act, Title 29, Article 3, Part 1, C R S 1983, as amended (the "Act"), for the benefit of the inhabitants of the State and for the promotion of their health, safety, welfare, convenience, and prosperity, to finance one or more projects, including any land, building or other improvements and all necessary and appurtenant real or personal properties suitable for manufacturing, industrial, commercial, agricultural, or business enterprises, upon such conditions as the City Council of the City may deem advisable Resolution 977 was introduced by Mr Davis; title read by the Clerk Maurice Fox, attorney for applicant, reiterated letter from applicant to Council Motion by Mr Davis for the adoption of Resolution 977; seconded by Mr Merkl; carried 6-2 with Councilmembers West and Keller voting No Item 12 Discussion of Resolution regarding Single Family Mortgage Revenue Bond Program Mr Gidley presented Mr Robert Lewis of First Interstate Lewis presented program explaining Mortgage Revenue Bonds Mr Davis to have Resolution on Harch 24 Agenda; seconded carried 8-0 Bank Mr Motion by by Mr FIasco; Item 13 Discussion regarding May City Council meetings Motion by Mr Davis to change the May 26 meeting to May 19, 1986 due to May 26 being a City holiday; seconded by Mrs Ibbison; carried 8-0 Item 14 Motion by ~1r Merkl to purchase one (1) Sewer Cleaning Vacuum Unit from Williams Equipment Company per attached quote at a total cost of $117,078 00 This is to be accomplished on a lease purchase plan with Borq Warner Leasing subject to approval of ordinance All costs to be charged to Account No 57-305-807; seconded by Mr West carried 7-1 with Mr FIasco voting No CITY COUNCIL MINUTES March 17, 1986 Page -5- Item 15 Motion by ~1r Merkl to award the Communi.cations Equipment Maintenance Contract to Syntonic Technology, at an annual cost of $12,178 32, to be charged to various departmental OTHER EQUIPMENT MAINTENANCE ACCOUNTS Further motion that other Communications Equipment procured during 1986 be added to this contract at the time original warranty periods expire; seconded by Mr Davis carried 8-0 Item 16 Motion by Mrs Ibbison to approve purchase of pavement tape products in the amount of $3,734 97 from 3M Corporation as sole source supplier All costs to be charged to Account No 304-660; seconded by Mr Johnson; carried 8-0 Item 17 Discussion of 1986 Monumentation Program Mr Minetor qave reasons for extension of this contract to Sellards & Grigg as opposed to going out to bid Motion by Mr West to authorize the Mayor to execute an agreement with Sellards & Grigg for the 1986 Monumentation Program The total cost for this work shall not exceed $70,000 and all charges for this program shall be against Account No 31-303-883 seconded by Mrs Ibbison Mr FIasco stated he will be voting No, because it is wrong to award a bid of this s.i ze to anyone company regardless of past experience just because of their experience There is no assurance in my mind and nothing has been presented by anybody until you show bids from someone else, another engineering firm might show lower cost and qet just as good a quality work Motion carried 7-1 with Mr FIasco voting No CITY ATTORNEY'S MATTERS John Hayes cited a decision by the court that affirmed the right of municipalities to pass content neutral ordinances which limit locations for first amendment facilities in adult theaters, adult entertainment facili ti es, etc He also addressed a request from the Probation Dept that an Ordinance be brought in to amend all our penalty provisions in all our Ordinances with exception of the traffic code to make penalties six months in jail instead of 90 days in jail The reason is you can only extend probation the same length as maximum sentence Probation Dept feels 6 months is more appropriate probation time Consensus was 6-1 to bring in Ordinance He further addressed 38th & Parfet property, which Council had asked Open Space to get an appraisal on to purchase property as a park Because a rezoning application had been filed on property, resolution on Open Space Agenda Hearing, March 17 (today) would be withdrawn because it is the County's policy not to acquire any property that is the subject of a rezoning This places the City in a Catch 22 position Will bring further information in to Council when he receives a letter from Assistant County Attorney He requested an Executive Session under 5 7 b 1 A of the Charter to discuss litigation Motion by Mr Merkl to hold an Executive Session; seconded by Mr Davis; carried 7-0 CITY COUNCIL MINUTES March 17, 1986 Page -6- ELECTED OFFICIALS' MATTEHS Rod Johnson addressed recent trip to Washington D C and stated in his opinion the representatives look on local governments as special interest groups; need to start at grass roots level to change that idea Larry Merkl agrees with Mr Johnson; addressed the meeting with Post Office on Zip Code Resolution; asked all residents who have a problem with mail to send letters stating those problems to Lavonne Youngblood in care of Mayor's Office in City Hall Randy West make remarks on his opinion of what Ronald Reagan is doing to Post Office; stating he feels he is making it a private enterprise; asked John to expedite the park issue; received letter from Mr Ambrose of Denver Symphony in thanks of City of Wheat Ridge contribution Tony FIasco addressed the Fjre District Board's decision to discontinue the free ambulance service to City of Wheat Ridge and put it out to contract Claudia Worth stated Wheat Ridge is in good shape as far as Risk Management is concerned; pleased there is going to be a clean-up in Zoning Ordinances asked Police Department to start enforcing Ordinance on truck parking Motion by Mr Merkl to hold a Special Meeting of City Council on Monday, March 31, 1986, to discuss Emergency Medical Service, and City Ambulance Board of Directors of Fire District, Fire Chief, and one other fireman, Chief of pol.ice, and one of his commanders; seconded by Mrs Worth Mr FIasco asked to abstain Chair accepted Motion carried 6-0 with Mr FIasco abstaining Mayor Stites stated that 44th Avenue Grant lS on agaln; gave recognition to Tony FIasco for his diligence ln seeing this through EXECUTIVE SESSION WAS HELD Meeting adjourned at 11 05 p m ~I I I 0)d1"'!c&C V::)/'-4~5/ Wanda Sang, Clty Cl~k MINUTES APPROVED BY CITY COUNCIL ON MARCH 24, 1986 BY A VOTE OF -L0r?'&'~ Kent Davls, Council President 7 TO