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