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HomeMy WebLinkAbout10/27/1986 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO October 27, 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, Moe Keller, Randy West, and Claudia Worth Also present City Clerk, Wanda Sang, City Administrator, Tom Palmer, City Attorney, John Hayes, Director of Planning, Glen Gidley, staff, interested citizens APPROVAL OF MINUTES of October 13, 1986 Motion by Mr by Mr West, Merkl to approve the Minutes of October 13, 1986, seconded carried 8-0 CITIZ~NS RIGHT TO SPEAK Jamie Hoffman, 3550 Holland Ct , addressed Ranger program, feels all rangers are needed year around including temporaries Dougal Graham, 3330 Chase Street, was here to support the Library referendum Janice Thompson, 12290 W 42nd Avenue, addressed the Ranger program Mayor Stites presented the Better Air Campaign, November 17, 1986 - January 15, 1986, Proclamation to Jeannie Conway He also presented Proclamation for Women in Crisis Shelter to Kay Ore Orville Anderson, 1425 Brentwood, addressed the Housing for Elderly, requested waiver of fees Motion by Mr Merkl to waive the required fees (Park & Building Permit fees), seconded by Mrs Ibbison, Failed 4-4 with Councilmembers Ibbison, Keller, Johnson, and Merkl voting yes LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1. Approval of an Annual Liquor License Renewal for Copa Cavana Night Club, 9110 W 44th Avenue, Wheat Ridge, Colorado Motion by Mr Merkl that the aj.Jplication for the Annual Liquor License Renewal by Copa Cavana, 9110 W 44th Avenue, be approved, seconded by Mr Davis Mr FIasco moved that Copa Cavana take Classes from Mrs Sang, first and second accepted Motion carried 6-2 with Councilmembers West and Worth voting No Item 2. Approval of an Annual Liquor License Renewal for West Forty-Fourth, Inc , dba Verns, 7605 W 44th Avenue, Wheat Ridge, Colorado Motion by Mr vavis that Renewal by Verns, 7605 W West Motion to amend by first and second accepted the application for the Annual Liquor License 44th Avenue, be approved, seconded by Mr Mr FIasco that they have liquor seminar, Motion carried 8-0 October 27, 1986 CITY COUNCIL MINUTES Item 3 Page -2- Application for a new Class J-1, 3 2% Beer Retail License for Circle K Convenience Stores, Inc , to be located at 9979-9999 West 38th Avenue, Wheat Ridge Motion by Mr West that the neighborhood be set at a 1-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 November 10, 1986, seconded by 1"1r Merkl, carried 8-0 Item 4 Application for a Transfer of Ownership for Clancy's Irish Pub, W 37th Place, Wheat Ridge This is a Class G - Hotel and Restaurant License Motion by Mr West that the Transfer of Ownership received from Clancy's Irish Pub, 10117 W 37th Place, Wheat Ridge, be approved, seconded by Mrs Ibbison, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 5. Council Bill 266 - An Ordinance providing for the approval of rezoning from Restricted-Commercial and Commercial-One to Commercial-One on land located at 9162-9190 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-86-6) (CLB Partnership) Council Bill 266 was introduced on second reading by ~r Johnson, title read by the CIerk, Ordinance No 694 assigned Mr Gidley presented the case Sworn in by the Mayor was David A Fogel, applicant, 50 S Steele, who asked for approval Motion by Mr Johnson that Case No WZ-86-6 be approved for the following reasons 1 There is jurisdiction to hear this case 2 Staff recommends approval 3 Planning Commission recommends approval 4 The proposed rezoning would unify the zoning on the site, seconded by Mr West, carried 8-0 I tern 6 Council Bill 271 - An Ordinance repealing and reenacting Chapter 20, Streets, of the Code of Laws of the City of Wheat Ridge (Postponed untiI November 24, 1986) Motion by Mrs Worth to continue until November 24, 1986, seconded by Mr Herkl, carried 8-0 Item 7 Council Bill 276 - An Ordinance amending Chapter 12, Hotor Vehicles and Traffic, of the Code of Laws of the City of Wheat Ridge, by adding thereto Article II, Registration of Vehicles, requiring Motor Vehicles to be properly registered pursuant to the provisions of C R S 42-6-137, and providing civil and criminal penalties for violation thereof Council Bill 276 was introduced on second reading by Mr Merkl, title read by the Clerk, Orainance No 695 assigned Motion by Mr Merkl for the adoption of Council Bill 276 (Ordinance 695), seconded by Mrs Keller Discussion followed Motion carried 8-0 CITY COUNCIL MINUTES October 27, 1986 Page -3- Item 8 Council Bill 277 - An Ordinance repealing and reenacting, with amendments Chapter 21, Taxation, Article 1, Retail Sales, of the Code of Laws of the City of Wheat Ridge Council Bill 277 was introduced on second reading by Mr Johnson, title read by the Clerk, Ordinance No 696 assigned Motion by Mr Johnson for the adoption of Council Bill 277 (Ordinance No 696) on second reading, seconded by Mrs Worth Mr Johnson moved to amend Section 21-3 L 8 to delete taxation on computer services and apply the tax to canned computer programs only, seconded by Mrs Keller, discussion followed, failed 3-5 with Councilmembers Johnson, Davis, FIasco voting yes Mr Johnson moved to delete Item 7 on page 11, seconded by Mrs Keller, failed 2-6 with Mr Davis and Mr Johnson voting yes Present and sworn in by the Mayor was Lola S~~, representing ATT, who asked for further time to see if ATT wanted to change anything in Ordinance Motion by Mr Davis to amend that all sales of electrical energy and natural or manufactured gas sold for direct use in a commercial growth or sale whether wholesale or retail of plants and flowers, seconded by Mrs ~orth, carried 7-1 with Mr FIasco voting No Vote on motion as amended carried 7-1 with Mr Davis voting No Item 9 Council Bill 278 - An Ordinance amending Chapter 21 of the Code of Laws of the City of ~heat Ridge by repealing and reenacting Sections 21-54, 21-54 1 (E) and 21-54 1 (J) relating to Admissions/Amusement Taxes Council Bill 278 was introduced on second reading by Mrs Ibbison, title read by the Clerk, Ordinance No 697 assigned Motion by Mrs Ibbison for the adoption of Council Bill 278 (Ordinance 697), seconded by Mrs Keller Motion by Mrs Worth to amend to add Section IV Exemptions Non-profit museums operated by public or private entity or other events or shows held at City owned facilities Discussion followed, seconded by Mrs Keller, carried 6-2 with Mr West and Mr FIasco voting No Mr FIasco will vote no because of amendment that just passed Mr ~est will vote No for the same reason Vote on original motion as amended carried 5-3 with Councilmembers FIasco, West, and Davis voting No Item 10. Council Bill 279 - An Ordinance repealing an reenacting Section 5-45, Contractor's License Fees, of the Code of Laws of the City of Wheat Ridge, establishing thereby revised fees for Contractor's Licenses Council Bill 279 was introduced on second reading by Mr Johnson, title read by the Clerk, Ordinance No 698 assigned Motion by Mr Johnson for the adoption of Council Bill 279 (Ordinance 698) on second reading, seconded by Mrs Keller, discussion followed, motion carried 5-3 with Councilruernbers Davis, Merkl, and West voting No Mr Merkl and Mr West voted no because you are singling out one group of people to tax CITY COUNCIL MINUT[S October 27, 1986 Page -4- Item 11 Proposal on Youngfield/Ward Road Area Comprehensive Plan Recommendations (Case No WPA-86-1) Mr Gidley presented recommendations Speaking in favor of the task force and sworn in by the Mayor were Terry Shelton, Joan Amdahl, Janice Thompson, Mable Ryan, Janice Hoffman, Ray R. Storms, Patricia Bowman, and Harlan Chedsey Speaking against were George Johnson, Jan Mengle, Jim Moore Motion by Mr Johnson that we approve the following actions or changes as related to Case No WPA-86-1 1 The Ward Road/Youngfield realignment be deferred and reviewed again in not more than 5 years 2 A connector between Vivian to West 44th Avenue at Ward Road be added and an intent to connect West 42nd Avenue between Vivian and Xenon Street be included 3 That the Land Use Master Plan be retained as is, seconded by Mr Davis, carried 5-3 with Councilmembers Keller, West, and Worth voting No DECISIONS, RESOLUTIONS, AND MOTIONS Item--1.L Resolution 1007 - Resolution adopting the City Budget and establishing mill levy for the purpose of deriving property tax revenues to the City of Wheat Ridge for the Fiscal year 1987 (The Resolution is attached to the Budget ) Resolution 1007 was introduced by Mr Merkl, title read by the Clerk Sworn in by the Mayor were Pat Garity, 3315 Marshall, who complimented Council on the long and dedicated hours they spent on the budget, ~ Ore, 10565 W 46th Avenue, who also complimented CounciI on budget and asked them to stick to what they have done, Ann Kam~, 4220 Barr Lane, Westminster, who addressed the Ranger Division, Jerry Roach, 7805 W 41st Avenue, who spoke as a private citizens, not a member of Urban Renewal Authority, and back Council on their decisions, Gaylord Stumm, 11885 W 37th Place, representing Wheat Ridge Urban Renewal Authority, present WRURA Resolution Motion by Mr Merkl for the adoption of Resolution 1007, seconded by Mr Johnson Motion by Mrs Keller to amend to take Park Rangers and pay salaries out of Open Space and put Park Rangers back in Parks and Recreation, seconded by Mrs Worth, failed 3-5 with Councilmembers Keller, Worth, and West voting yes Motion by Mr Merkl that present Ranger Division be completeIy eliminated as it presently stands, seconded by Mr FIasco, Failed 2-6 with Mr Merkl and Mr FIasco voting yes Discussion followed Mrs Keller will vote no, because she feels the Economic Development portion is a mistake Mr West will vote no, because of primarily the Economic Development Department and rangers, contractors hired for trimming trees versus tree trimmers Mrs Worth will vote no, because it is not a good budget as it stands Mr Davis called for the question, seconded by Nr Johnson, carried 7-1 with Mrs Keller voting No Vote on original motion carried 5-3 with Councilmembers Keller, West, and Worth voting No CITY COUNCIL MINUTES October 27, 1986 Page -5- Item 13. Resolution 1008 - A Resolution encouraging voluntary compliance with a program of not operating solid fuel fired heating devices on days designated as "High Pollution Days" by the Colorado Department of Health Resolution 1008 was introduced by Mr FIasco, title read by the Clerk Geoffrey Wilson, Denver Metro Air Council, 2482 S Gilpin, addressed Metro Air Pollution problems Marilyn Slifka, Wheat Ridge Chamber of Commerce, 6490 W 44th Ave, stated the Chamber will support the Resolution, if voluntary doesn't work, then go to mandatory Jamie Hoffman, 3550 Holland Ct , spoke in favor of Resolution Dougal Graham, spoke in favor of pro~osal Motion by Mr FIasco for the adoption of Resolution 1008, seconded by Mr Johnson, discussion followed Mr FIasco caIled for the question, seconded by Mr Davis, carried 6-2 with Mr Keller and Mrs Worth voting No Vote on motion carried 6-2 with Mr West and Mrs Worth voting No Motion by Mr Merkl to suspend the ruIes and go past 11 00 p m and finish the agenda in its entirety, seconded by Mrs Keller, carried 6-2 with Mr Davis and Mr West voting No Item 14 Motion by Mr Johnson to retain the services of Wayne A Schell and Company as facilitators to conduct planning sessions for Economic DeveIopment Task Force for up to $3,500 00, and to transfer $3,500 00 from Account No 01-607-715 to Account No 01-102-750 to fund the services of the facilitator, seconded by Mr Merkl, carried 6-2 with Mrs Keller and Mrs Worth voting No Item 15. Motion by Mr Merkl_to approve the invoice for $70,494 00 for the retrospective adjustments for the State Compensation Insurance Fund, transfer $23,065 00 from Account No 01-607-795 to Account No 01-610-621, seconded by Mrs Keller, carried 7-1 with Mr Davis voting No CITY ATTORNEY'S MATTERS John Hayes was asked by CIRSA to settle case which has an outstanding $3,200 settlement fee Motion by Mr Merkl to settle, seconded by Mr West, carried 7-1 with Mr FIasco voting No John Hayes also asked for items to be placed on the Study Session Agenda, i e question of Court being a Court of Record, and SOllie police and animal ordinances He further addressed the First Municipal Leasing Corporation--there is an alleged break of agreement for not paying for this contract ELECTED OFFICIALS' MATTERS City Clerk, Wanda Sang, brought up the subject of a buzzer in the Clerk's Dept Motion by Mr FIasco to approve, seconded by Mrs Worth, Failed 3-5 with Councilmembers Worth, FIasco, and Davis voting yes CITY COUNCIL AGENDA October 27, 1986 Page -6- Motion by t-lr completely to 8-0 Merkl that the Security Guard Licensing be moved the Police Department, seconded by Mrs Keller, carried Mrs Keller was going to ask Mr Palmer to send thank you letters to the task force, but that is inappropriate--now asked those that voted no on the subject to reconsider decision Mr West spoke regarding the American Cable agreement He asked for an Ordinance to pay interest on deposit on Cable T V Consensus was 6-2 Mr FIasco wants a set time and place for briefing on financial health of the City Mrs Worth addressed CML Memo regarding routing of Nuclear Waste on I-70, she cannot attend meeting on Friday, October 31, asked for someone to replace her Mrs Worth moved to adjourn, seconded by Mr Davis, carried 8-0 Meeting adjourned at 11 55 p m ~I , . ) \ i ' '- - / Ll,u L-J~~.~ii4-.!"_____'______ Wanda Sang, CitY-Clerkj APPROVED BY CITY COUNCIL ON NOVEMBER 10, 1986 BY A VOTE OF ?I _ TO L ~ , / ! ! ~__ L..--- _r ......... ~ :....;,,;;,.,_..:;_""-_.__.________ Kent Davis, Council President