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HomeMy WebLinkAbout11/24/1986 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO November 24, 1986 The City Council Meeting was called to oraer by the hayor at 7 30 p m Councilmembers present Kent Davis, Tony FIasco, Doris Ibbison, Rod Johnson, Larry Merkl, Moe Keller, and Claudia Worth Randy west arrived at 7 40 p m Also present City Clerk, Wanda Sang, City AaoJinistrator, Tom Palmer, City Attorney, John Hayes, Director of Planning, Glen Gidley, Director of Parks, Richard Bredt, Chief of Police, Howard Jaquay, staff, ana interested citizens Motion by Mr Merkl for the approval of the Minutes of November lU, 1986, seconded by Mr Davis, carried 7-0 PROCLAMATIONS ANU CEREMONIES Proclamation - Free Enterj.Jrise Month - December 1-31, 19b6 Mayor Stites presented the proclamation to Jim Brienza of Jefferson Hibh School DECCA Club CITIZENS' RIGHTS TO ~PEAK .!:.!2111is Lancaster, 4CJ76 Everett, inforrlled everyone of Government's hocky Flats Meeting on December 3, 1966 Representatives from Rocky ~lats and Health Uepartment will be j.Jresent Jim Lorentz, 2450 Pierce Street, Wheat Ridge Police Protective Association, addressed letter to Council regarding j.Jay raises, assured Council there will not be a sick-out or walk-out, thal they will stay as a service for Wheat Riage citizens Wade Hammona, 6345 W 29th Avenue, President of Wheat Ridge Police Protective Association, illustrated with a box full of books the knowledge Police Officers must have to serve in Wheat Ridge Jack Chism, 4555 Field Street, Wheat Ridge Police Officer, stated that private industry expects more, but then they pay more Edgar Johnson, 3700 Benton, asked Council to reconsider the transfer of the Park Rangers to the Police Department CITY COUNCIL MINUTES November 24, 1986 Page -2- LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application far a new Class J-l - 3 2% Beer License far Circle K Convenience Stores, Inc., dba Circle K #DN25, located at 9979-9999 W 38th Avenue, Wheat Ridge, Colorado (Continued from November 10, 1986) Applicant's attorney, J Stonbraker, 700 E Speer Blvd, presented the case Speaking in favor of the application and sworn in by the Mayor were Barton Mapps, 3670 Holland Street, Judy Walp, 9865 W 37th Avenue, Arthur Kramer, 9725 W 37th Avenue Eileen Swiers, representing Market Service Associates, Inc , gave background on petitions Melissa Gresham, 13585 Decatur Ct , Broomfield, Zone Manager for Circle K, was present and answered Council's questions and concerns Speaking in opposition was Dale Parrish, 1655 Grant Street, attorney for Gene Zimmerman, whose business is located across the street from applicant He opposes the license because of the cIoseness of the location to Everett Jr High School Attorney askeo for continuance of this matter Maureen Athanasopoulas, 3790 Kipling Street, business owner in the neighborhood, also spoke in favor of the application After discussion Mr ~erkl moved to approve the application far the followinb reasons (1) All applications and fees required by statute have been filed and paid, (2) notice of hearing and posting of the premises have been accomplished according to statutory requirements, (3) the applicant will be entitled to occupancy of the premises by virtue of a signed Real Estate purchase Contract dtd 7/17/86, (4) the evidence adduced at the Public Hearing on November 24, 1986 established that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by petitions bearing 197 signatures in favor, 133 in opposition, 26 no opinion, and that issuance of this license is consistent with the needs of the neighborhood under consideration, seconded by Mr Johnson Mr FIasco will vote No, because the City survey shows more people against this than for, also feels continuance should be granted, Mrs Worth and Mrs Keller concurred with Mr FIasco Motion carried 5-3 with Councilmembers FIasco, Worth, and Keller voting No Item~_ Application for Transfer of Ownership for B&N Food Store, 6595 W 44th Avenue Applicant Nadia Mekhail was present and sworn in by the Mayor Motion by Mr Merkl to approve the Transfer of Ownershij.; from the Partnership of Samy Hanna and George Mekhail to the Partnership of George and Nadia Mekhail, dba B & N Food Store, 6595 W 44th Avenue This is a Class J-l, 3 2% Beer License, further moved to allow B&N Food Store to continue operating under their expired license (December 1, 1986) until their new license is issued, seconded by Mrs Keller CITY COUNCIL MINUTES November 24, 1986 Page -3- Mr FIasco will vote No, does not feel right about letting them continue on expired license Mr FIasco moved to strike the seconQ paragraph regarding expired license, seconded by Mrs Keller, Failed 3-5 with Councilmembers Keller, Johnson, and FIasco voting yes Vote on original motion carried 7-1 with Mr FIasco voting No Item 3 Application for Transfer of OwnerShip for Diamond Shamrock Refining and Marketing Company, 4795 Kipling Street Motion by Mr Merkl to approve the Transfer of Ownership from Royal Petroleum, Inc , dba Royal Gas Store, 4795 Kipling Street, Wheat Ridge, to Diamond Shamrock Refining and Marketing Company This is a Class J-l, 3 2% Beer Retail License, seconded by Mr West, carried 8-0 Item-i~ Application for Liquor License Renewal for Caravan West, 11221 W 44th Avenue Motion uy Mr Merkl to approve the liquor license renewal for Caravan West, Inc , dba Caravan West, 11~21 W 44th Avenue, Wheat Ridge, and authorize the Mayor to sign the application, seconded by Mr Davis Mr FIasco moved to continue the matter until later in the meeting after Item 5, so City Attorney Hayes can form a legal opinion, seconded by Mrs Worth, carried 8-0 After a short break and legal opinion, original motion carried 8-0 Item 5~ Application for Change of Corporate Officers for Club Corner, Inc , 6551 w 44th Avenue, wheat hidge Motion by Mr Corner, Inc application seconded by Merkl to approve the Change of Corporate Officers for Club and further move to approve their liquor renewal This is a class T, Tavern License with extended hours, Mr Davis, carried 8-0 City Attorney Hayes stated that after reviewing Police Reports on Items 4 and 5, his opinion is, that the matters in the reports themselves do not justify failure to grant license or change of corporate officers These problems would have to be addressed under a different Ordinance (Nuisance) Motion by Mr FIasco for Mr Hayes to investigate Club Corners for nuisance, seconded by Mrs Worth, carried 7-1 with Mr Johnson voting No Motion by Mrs Worth to investigate Caravan West for nuisance, seconded by Mr Johnson, carried 8-0 CITY lOUNCIL MINUTES November 24, 19~6 Page -4- Item 6 PUBLIC HEAhINGS AND ORDINANCES ON SECUND hEADING Council Bill 271 - An Ordinance rej.Jealing and reenacting Chavter 20, Streets, af the Code af Laws of the City af ~h€at Ridge Council bill 271 was introduced on second reading by Mrs Worth, title read by the Clerk, Ordinance G89 was assigneo Motion by Mrs horth for the aaoption of Council bill 271 (Gre 689), seconded by Mr ~est Discussion fallowed Motion by Mr FIasco that secona parabraph on page ':i, Section 20-12 be atuended to reao as f allows "Such evidence shall recite that the rebistered vrofessional engineer has complete control and authority regarding testing and inspection of the work" Motion maker accej.Jted this as part of her motion, carrieQ 8-0 I tern 7 Council Bill 280 - An Orainance repealinb and reenacting Section 21-21 and Section c.l-23 of Chapter 21, Article II of the Code of the City of Wheat Ridge, Coloraoo, vertaining to taxation of Telephone EXChanges Council bill 280 was introduced on secona reading by Mrs Ibbison, title read by the Clerk, Ordinance 699 was assigned Motion by Mrs Ibbison for the adoption of Council Bill 280 (Ord 699), seconded by Mrs Keller Motion by Mr West to amend to "up 10% from $121,000 00", seconded by Mr ~lasco, failed 3-5 with Councilmembers Keller, Worth and West voting yes Motion by Mr West to amend to "up 5% from $121,000 00", secondea by Mrs Worth, carrieo 5-3 with Councilmembers Johnson, Davis, and Merkl voting No Motion as amended carried 8-0 Item 8 Council Bill 281 - An Orainance amending various provisions of Chapter 14, Uffenses - Miscellaneous, of the COde of Laws of the City of Wheat Ridge, specifically amenoing saia Chavter by repealing reenacting Section 14-22(a) Interference with Public Officers when in discharge of duties, by repealing ana reenacting Section 14-28 Assault, by repealing anQ reenactinb Section 14-30, IntinJidation, by repealing and reenacting Section 14-43, Window Peepinb, by amending the Code by adding thereto Section 14-44 3, Indecent Exposure, by amending the Code by amending Sections 14-50, 14-50 1, and 14-50 2, Theft, and by repealing and reenacting Section 14-56 Trespass, ana proviaing a penalty for violation thereof Council Bill 281 was introduced on second reading by Mr Merkl, title and Section 14-43 3 read by the Clerk, Ordinance 700 was assignea Motion by Mr Merkl for the adoption of Council Bill 281 (Ord 700)on second reading, second eo by Mr hest Discussion was helo Motion carried 7-1 with Mr FIasco voting No CITY COUNCIL MINUTES November 24, 1986 Page -5- Item 9 A~plication by Kenneth Frens for approval of a temporary site plan for commercial development within the Kipling Activity Center on proj.Jerty located at 9970-92 West 44th Avenue and 4388-90 Kipling (Case No wSP-8b-3) Mr Glen Gidley presented the case Sworn in by the Mayor and representing the applicant, was George Moore, 7401 Grandview Ave Motion by Mrs Keller that Case No WSP-8b-3, a request for approval of a temporary site plan for property located at 9970-92 West 44th Avenue and 4388-90 Kipling Street be approved for the following reasons The applicant plans to redevelop his property 2 Staff recommends approval, seconded by Mrs Worth, carried 8-0 ORDINANCES ON FIRST READING (No public testimony) Item 10 Council Bill 282 An Ordinance amending the provisions of Chapter 9A Guard Service and Security Agencies of the Code of Laws of the City of Wheat Ridge, by repealing and reenacting various sections thereof thereby transferring all licensing and investigative functions from the City Clerk to the Chief of Police Council Bill 282 was introduced on first reading by Mr Johnson, title read by the Clerk Motion by Mr Johnson that Council Bill 282 be approved on first reading, oraered published, public hearing be set for Monday, December 8, 1986 at 7 30 p m in City Council Chambers, Municipal Blag , and if approved on second reading take effect 1 day after final publication, seconded by Mr Davis Discussion followed Carried 8-0 Item 11. Council Bill 283 - An Ordinance repealing Article III, Property Tax or Rental Paywent Refunds for Senior Citizens, of Chapter 21, Taxation, of the Code of Laws of the City of Wheat Ridge and delegating Authority to the Codifier of Ordinances to renumber the remaining sections in Chapter 21 of the Code of Laws Council Bill 283 was introduced on first reading by Mr Davis, title read by the Clerk Motion by Mr Davis that Council Bill 283 be approved on first reading, ordered published, public hearing be set for Monday, December 8, 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 Mr FIasco stated that he would vote No because as he had stated at Budget Sessions, he feels that it is wrong to take the Senior Rebate away from the Seniors Motion carried 7-1 with Mr FIasco voting No CITY COUNCIL MINUTES Noveruber 24, 1986 Page -6- Item 12 Council Bill 284 - An ordinance amending Chapter 21, Taxation, of the Code of Laws of the City of Wheat Ridge, by adding Article VI, establishing a business license and fees Council Bill 284 was introduced on first reading by Mr ~est, title read by the Clerk Motion by Mr West that Council Bill 284 be approved on first reading, ordered published, public hearing be set for Monday, December 8, 1986 at 7 30 p m ana if approved on second reading take effect January 1, 1987 Mr Davis stated he would vote No because it is not a privilege to do business in Wheat Ridge it is a right Motion carried 6-2 with hr FIasco and Mr Davis voting No City Attorney, John Hayes, requested that the public hearing dates on Items 13 and 14 be changed from December 22, 1986 to December 8, 1986 because he will be out of town on December 22 Item 13. Council Bill 285 - An Ordinance repealing Section 2-14 Community Development, and adopting Section 2-14 Planning and Development, and repealing and reenacting Section 2-14 1 Code Enforcement - Duty of Officers, Generally, of the Code of Laws of the City of Wheat Ridge, Colorado Council Bill 285 was introduced on first reading by Mr Merkl, title read by the Clerk Motion by Mr Merkl that Council Bill 285 be approved on first reading, ordered publishea, public hearing be set for December 8, 1986 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading take effect January 1, 1987, seconded by Mrs Worth, carried 8-0 Item 14. Council Bill 286 - An Ordinance repealing and reenacting Section 2-7 Municipal JUdge, and enacting Chapter 12A, Municipal Court, of the Code of Laws of the City of Wheat Ridge, Colorado Council Bill 28b was introauced on first reading by Mr Davis, title read by the Clerk Motion by Mr Davis that Council Bill 286 be approved on first reading, ordered published, public hearing be set for Monday, December 8, 1986 at 7 30 p m in City Chambers, Municipal Bldg , and if approved on second reading take effect January 1, 1987, seconded by Mrs Worth, carried 7-1 with Mr FIasco voting No Item-12- Council Bill 287 - An Ordinance providing for the approval of rezoning from Restricted-Commercial to Commercial-One on land located at 4575 Wadsworth Blvd, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-86-19) (David Curtis for Century Investment Group) Council Bill 287 was introduced by Mrs Ibbison on first reading, title read by Clerk Motion by Mrs Ibbison that Council Bill 287 be approved on first reading, ordereo publiShed, public hearing be set for Monday, December 22, 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, secondeo by Mr Johnson, carried 8-0 CITY COUNCIL MINUTES Noverilber 24, 1986 Page -7- DECISIONS, RESOLUTIONS, AND MOTIONS I tern 16 Resolution 1009 - A Resolution supporting the Metropolitan Convention Center Resolution 1009 was introduceQ by Mr Motion by Mr FIasco for the aooption Mr West, carrieo 8-0 FIasco, title read by the Clerk of Resolution 1009, seconded by Item 17 Resolution 1010 - authorizing reimbursement from the City of Wheat kidge's attributable share of the Jefferson County Open Space Fund for Parks and Open Space Development Resolution 1010 was introduced by Mr Johnson, title read by the Clerk Motion by Mr Johnson that Resolution No 1010 be passed and the Mayor be authorized to sign the Intergovernmental Agreement entitled Request for Reimbursement and Certification of Use of Funds, seconded by Mrs Keller, carried 8-0 I tern 18 Resolution 1011 - authorizing the Jefferson County Open Space Officials to secure professional appraisal on and to acquire the Hawkins property, located at 6675 West 29th Avenue, in Wheat Ridge, Colorado Resolution 1011 was introQuced by ~rs Ibbison, title read by the Clerk Edgar Johnson, 3700 benton, saio "HalleluJah!" Motion by Mrs Ibbison for approval of Resolution 1011, seconded by Mr Merkl, carried 8-0 Item 19. Bid Award for 19b7 Trash Removal Service Motion by Mrs Keller to award the contract for 1987 Trash Removal Service at various locations to GSX Corj.Joration of Colorado per their monthly bid by location costs amounting to $4,197 for annual service and $962 (estimated) for seasonal service These costs to be charged to the various approved budget accounts for utilities per affected departments, seconded by Mrs Johnson, carried 5-3 with Councilmembers Ibbison, Johnson, and Davis voting No Item 20. Bid Awards for remodeling Police Facility Motion by Mr Merkl that the low bids for remodeling of the police facility, totaling $15,367, with a 15% contingency of $2,306 be accepted Further move that funds for this purpose be taken from Account #01-201-811 Further move that $17,673 be transferred from 01-203-772 to 01-201-811 to cover these costs; seconded by Mr Johnson Mr FIasco will vote No because he feels it is piece-meal to do it that way Motion carried 6-2 with Mr Davis and Mr FIasco voting No CITY COUNCIL MINUTES Novewber 24, 1986 Page -8- CITY ADMINISTRATOR'S MATTERS Mr. Palmer addressea State Highway Department's work on 32nd and 1-70 ~otion by Mr West that the City participate in funding the traffic signal installation at West 32nu Avenue and the I-70 ramps and frontage road Further move that the Director of Public works be authorized to reimburse the State for the additional costs involvea in the frontage roae signalization up to a maximum of $8,000, to be charged to Account No 31-304-843, seconded by Mr Johnson Motion by Mrs Worth that the staff negotiate with the affected parties to obtain a plan for the relocation of the frontage road as a long term solution for this area, secondeu by Mrs heller, Failed 2-6 with Mrs Keller and Mrs Worth voting yes Vote on original motion carried 6-2 with Mr Johnson and Mr FIasco voting No CITY ATTORNEY'S MATTERS John Hayes referred to his written wemo dtd November 19, 1986 Motion by Mr Merkl to suspend the Rules and go past 11 00 P m and finish the Agenda in its entirety, seconded by Mr FIasco, carried 6-2 with Mr Johnson and Mr Davis voting No ELECTED OFFICIALS' MATTERS Mrs Ibbison stated that the Community Improvement Committee met on Thursday and Monday nights Motion by Mrs Ibbison to appoint Calvin F Johnson to the Planning Commission from District IV, term to expire 3/2/87, and to appoint Phil Eowards to the Planning Commission from District IV, term to expire 3/2/88, second eo by Mr Johnson, carried 8-0 Motion by Mrs Ibbison to appoint Albert Goodson to the Arborist Board from Gistrict II, term to expire 3/2/88, seconded by Mr FIasco, carried 8-0 Mrs Keller asked Council goals and ideas for the Arborist Board, addressed night meetings Mr. Johnson thanked Wheat Ridge people and staff who participated in Saturday's meeting Mr Merkl asked for comments for him to take to Sdn Antonio regaraing National Policy, asked that council packets be complete Mr West addressed memo from Jacque, asked for Ordinance to eliminate tax on candy and cookie sales CITY COUNCIL MINUT~S November 24, 19CJ6 Page -9- Mayor Stites addressed Christmas tree lights in Time Square Park Mr. FIasco asked for policy statement on trucks--who to contact after hours and on weekends Mrs ~orth Questions Mr Palmer on memo on Park Ranger Program, ask eo Chief Jaquay questions on Animal Control duties Horses will be kept for patrol of Greenbelt, asked for cost breakdown and analysis Motion by Mr Johnson to aojourn, seconded by Mr Davis, carried 8-0 Meeting adjourned at 11 34 p m , J '~a 11~ta~~" tr€-fc~rk-------- APPROVED BY CITY COUNCIL ON DECEMBER 8, 1986 BY A VOTE OF 7 TO 0 / / 1 /2~,-- - -/ /' . ~ <,-,<1 Kent Davis, Councif President