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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
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Wanda Sang, CitY-Clerkj
APPROVED BY CITY COUNCIL ON NOVEMBER 10, 1986 BY A VOTE OF
?I _ TO L
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Kent Davis, Council President