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HomeMy WebLinkAbout06/22/1987 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO June 2~987 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Kent Davis, Tony FIasco, Doris Ibbison, Larry Merkl, Moe Keller, Randy West, and Claudia horth Rod Johnson was absent, but left votes with the City Clerk Also present City Clerk, Wanda Sang, Acting City Administrator & Chief of Police, Howara Jaquay, City Attorney, John Hayes, Public Works Director, Ric Minetor, Director of Community Development, Charles Stromberg, staff, and interested citizens APPROVAL OF MINUTES of June 8, 1987 Motion by Mrs seconded by !>-ir Keller for the approval of the Minutes of June 8, 1987, Davis, carried 7-0 CITIZENS' RIGHTS TO SPEAK Geo~e L Jarvis, 6005-6015 W 39th Place, submitted a petition to dedicate a street to the City of Wheat Ridge Street is between Harlan and Ingalls Ct Legal Gescription is Harlan Court Sub Division, Lots through 10 Motion by Mr FIasco to have this as an item on a July meeting, seconded by Mr Davis, carried 7-0 Q~~bellamy, 11595 W 32nd Avenue, and Myron Wilson, 7390 W 48th Avenue, representing Bahai Faith of Wheat Ridge, presented a proclamation for World Peace They invited all of Council to attend a picnic on June 27, 1987 at Wheat Ridge Park, from 12-3, to celebrate the start of Bahai faith Dorothy Thompso,!2, 3014 Chase Street, addressea the Lake Wobegon "arty at Wheat Ridge library LOCAL LIQUUR LICENSING AUTHORITY MATTERS I tern 1 Application for Liquor License Renewal for i.heat Ridge Lanes, Inc , 6595 W 38th Avenue r'1oti~,!2 by l'lr Merkl Lanes, Inc , 6595 W to sign the renewal (Mr Johnson left a to approve the renewal application for Wheat Ridge 38th Avenue, Wheat Ridge, and authorize the Mayor appli0ation, seconded by Mr west, carried 8-0 yes vote) Item 2 Application by Denny's Inc , 9930 W modification of premises 49th Avenue, for Applicants were present and sworn in by the Mayor Mr West asked to abstain from voting because he is biased toward Denny's Inc His wife did SOllie work for them and was not paid Mr Hayes stated Mr West has to vote according to the law Mr West replied if he has to vote, he will vote no Motion by Mrs Keller to approve the moaification of CITY COUNCIL MINUTES June 22, 1987 Pabe -2- prewises for Denny's Inc , db~ Denny's Hestaurant No 1424, 9930 W 49th Avenue, hheat Ridge, seconded by Mr Davis, carried 7-1 with Mr West voting No (Mr Johnson had left a yes vote) Item 3 Application by Caravan hest, Inc , 112~1 hest 44th Avenue, for change of corporate officers Applicants were present and sworn in by the Mayor Motion by Mr Merkl to hold an Executive Session, seconded by Mrs Ibbison, carried 7-0 Motion by Mr west to approve the Change of Corporate Officers for Caravan West, Inc , dba Caravan west, 11221 west 44th Avenue, Wheat Ridge The new corporate officers will be Presiaent, Sandra Maxwell James, Treasurer, Betty Lee Channel This is a Class T - Tavern Liquor License with extended hours, with the following conditions 1 The two new corporate officers take the liquor licensing seminar from City Clerk's Office and 2 that they have an on-site manager registered with the City of Wheat Ridge, seconded by Mrs Keller Mr Merkl will vote no, because he doesn't feel the two ladies are qualified or have had enough experience to run an establishment like Caravan West It bothers him that they are going to let them have a license in the City of Wheat Ridge Motion carried 6-1 with Mr Merkl voting No Motion by Mr Davis to move Item 9 before Item 4 on the Agenda, due to time-constraints on EDARC, seconded by Hrs Ibbison Mr FIasco objected to the change of order of the Agenaa, feels 2 items before this have a direct bearinb on the case Hotion carried 5-2 with Mr West and Mr Fiasco votinb No I terr! 9 Resolution 1042 - concurring with EDARC on the selection of a preferred developer for the wadsworth Town Center Project Mr Davis askea to abstain, because he has a direct interest in the subject property Chair accepts Resolution 1042 was introduced by Mrs horth, title read by the Clerk Motion by Mrs Worth for the ~pproval of Resolution 1042, seconded by Mr West Craig Reynolds, 6755 ~ 41st Ave, chairman of EDARC, addressed the EDARC meetinb on 6/10/87 Relayed how the Hesolution came about Russ Hackstaff, Director of Ross, Ann Sperlin~, partner of Trammel/Crow Company, and Charles Stromberg commentea on the proposed development at the WadsHorth Town Center ~~lake, representing Time Square Mall, 4200 Wadsworth Blvd, asked Council to consider the "little guy" out there, the mall has lost potential leases because of the project situation Ed Holland, President of 1st Bank of Wheat Ridge, was here because the law requires Bank representation Jane LaPean, 4420 Teller, is glad Council is going to do something about the mall, please do not put a strip center in Mrs Ibbison moved to insert a friendly amendment that in paragraph 2 , line 4, "if necessary" be underlined, and "portions of" be added after "and", and that on line 5 the word "would" be replaced with "might" Mrs Worth and Mrs Keller accepted this as part of their motion Mr. Fiasco moved that before any bonds are issued by EDARC, this goes to the vote of the people Hot ion aied for lack of secona CITY COUNCIL MINUTES June 22, 19&7 Page -3- Mr Fiasco will vote No, because he cannot lend his support to something that is based on inaccurate information He has simply asked that the development be put on hold until these things are corrected, but that doesn't seem to be acceptable to the rest of Council and 1 respect their opinion, urges all who listen to this thing write in or call their Councilperson to let them know their opinion regardless of the sioe they are on reels Council is entitled to accurate information and the lJeoyle are entitled to the right to vote on this Call for the question by Mr Merkl, secondea by Mrs Ibbison, carried 5-1 with Mr FIasco voting No ana Mr Davis abstaining ~ote on original motion was 5-1 with Mr FIasco voting No and Mr Davis abstaining Motion by Mrs Ibbison - Part I - that staff and EDARC are directed to hire on an as needed basis, as determined by the City Attorney, an attorney specializing in Colorado Urban Renewal Authority Law to 1 Review the hadsworth Town Center Urban Renewal Plan 2 Amend the Wadsworth Town Center Urban Renewal Plan to reflect the proposal furnished by Crow/Ross 3 To assist in the negotiation of the DDA redevelopment agreement 4 Any and all further work necessary to the redevelopment of the Wadsworth Town Center Plan This contract shall not exceed $15,000 without prior approval Part II - The City of Wheat Ridge will do a market study independent of that obtained by Crow/Ross & Associates, to substantuate the feasability of this project, seconded by Mr FIasco, carried 6-0 with Mr Davis abstaining PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item~_ Council Bill 301 - An Ordinance amending and superceding Ordinance No 488, Series of 1982, and Ordinance 522, Series of 1983, requiring submission of a Site Plan, and authorizing specification of uses, within the ~adsworth Town Center and the Kiplin~ Activity Center as designated in the wadsworth Town Center and Kipling Activity Center Master Plans, and providing a penalty for violation thereof Council Bill 301 was introduced on second reading by Mrs Keller, title reaa by the Clerk, Urdinance No 718 assigned Motion by Mrs Keller for the adoption of Council Bill 301 (Urdinance 718), seconded by Mr Merkl Mr Fiasco asked to abstain because he was out of chambers Chair accepted Motion carried 6-1 with Mr FIasco abstaining Ite~-2_ Council Bill 294 - An Ordinance providing for the approval of a reviseo Outline Development Plan and Final Plan and Plat on land located at 4020 and 40b4 Wadsworth blvd , City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-86-24) (Rodger Barsch ana Randolph Currier) Motion by Mr West at June 8, 1987 meeting to reconsider Motion by Mr West to continue until July 13, 1987, seconded by Mrs Keller, carried 7-0 CITY COUNCIL MINUTES J u n e 22, 1987 Page -4- DECISIONS, RESOLUTIONS~AND MOTION~ Item-9...!.. Resolution 1039 - urging the State Health Department to deny a permit for a test burn at Rocky Flats until proven safe Resolution 1039 was introduced by Mr west, title read by the Clerk Motion by Mr West for the approval of Resolution 1039, secondea by Mrs Worth, carried 7-0 Item 7. Resolution 1040 - supporting Jefferson County Open Space ad hoc Committee report Resolution 1040 was introduced by Mrs Ibbison, title read by the Clerk Motion by Mrs Ibbison f~r the approval of Resolution 1040, seconded by Mrs Keller, carried 7-0 I terrl & Resolution 1041 - changing present ten-year vesting of employer contributions to five-year vesting of employer contributions Resolution 1041 was introduced by Mrs Worth, title read by the Clerk Patty Crew was present and explained the resolution Mr Davis stated he will vote no, because employees should give the City 10 years for complete vestment Mr Merkl will vote no, because he agrees with Mr Davis Motion by Mrs Worth for approval Motion died for lack of second Item 10. Presentation of Regional Mobility Program Dave Ruble from Regional Mobility Program was present and explained Governor Romer's program to fast-track the highway improvements Discussion followed Motion by Mr Merkl to draw up a resolution and send it to our State Representatives and State Senators to urge them to vote against the Governor's Regional Mobility Program as it is presently presented because of impact it will have on the City of Wheat Ridge, seconded by Mrs Ibbison This resolution is to be sent immediately Motion carried 5-2 with Councilmembers Keller and Worth voting No Item-1.L r'lotion by Mrs Worth to accept Quit Claim Deeds for 12150 and 12420 West 44th Avenue and that the $30 (total) be charged to Account No 31-303-852, seconded by Mrs Ibbison, carried 8-0 Item 12. ---- Motion by Mrs Worth to accept the Quit Claim Deea for 11901 West 44th Avenue, and that $19,027 be charged to Account No 31-303-852, seconded by Mrs Keller, carried 8-0 Item-11..!.. Motion by Mr Davis that the contract for the 1987 Local Streets Improvement Project be awarded to Asphalt Paving Company in the amount of their base bid of $214,026 70 plus a 15% contingency for a total of $246,131, I further move we approve a force account of $10,000 and that the Director of Public Works be authorized to sign all change orders All costs to be charged to Account Number 31-303-840, seconded by Mrs Worth, carried 7-1 with Mr Johnson voting No CITY COUNCIL MINUTES June 22, 1987 Page -5- Item 14 --- Motion by Mrs Worth to transfer $5,000 from Account Number 01-607-795 to Account Number 108-750 for Code Supplements, seconded by Mr Merkl, carried 8-0 Item-1~ Motion by Mrs Keller that the agreement between the City of Wheat Ridge and Wheat Ridge Historical Society be approved, secondea by Mrs Worth, carried 7-0 (Mrs Worth had asked Mr Hayes if it was vroper for her to vote on this, since she is a member of the Historical Society Mr Hayes answered, yes) I'loti~ by I'Jr l'lerkl to suspend the rules and go past 11 00 P rn and finish the agenda in its entirety, seconded by Mrs Keller, carried 5-2 with Councilmembers Davis and FIasco voting No I tern 16 Motion by Mr Merkl to ratify the Mayor's appointments to the Citizen's Financial Advisory Committee, seconded by Mrs Ibbison Mr FIasco will vote no, doesn't see any reason to put 2 non-residents on committee This is a citizen committee for Wheat Ridge, and he thinks we have citizens within the City limits that can serve Motion carried 7-1 with Mr FIasco voting no CITY ADMINISTRATOR MATTERS Howard Jaquay reminded everyone that Council/Staff dinners prior to Study Sessions will be started again in July He adaressed the jaywalking problem at 44th & Field street CITY ATTORNEY'S MATTERS John Hayes aadressed his session held before the City Attorney's segment at CML Publicly thanked Councilmembers Ibbison, Merkl, FIasco, and West for staying over and 6ttendin~ that session He explained that Jiffy Lube had applied for a building permit and due to the approved proposal being sought to redevelop Waasworth Town Center, he has drawn up an Emergency Ordinance on a moratoriun, on builaing permits in that area for 90 days Council Bill 303 - An Emergency Ordinance, adopted pursuant to Section 5 13 of the Home Rule Charter of the City of Wheat Riage, Colorado, establishing a moratorium for a period of ninety days from the date hereof upon issuance of building permits within the area designated as the Wadsworth Town Center Council Bill 303 was introduceQ by Mrs Worttl, Ordinance 719 aSSigned, and it take effect immediately on adoption, seconded by Mr Merkl Mr FIasco will vote No, because he voted no against the granting of the plan, because of this very issue We have no assurance that anything is going to happen Motion carried 5-1 with ~lr FIasco voting No, Mr Davis abstaining John Hayes suggested in conjunction with Mrs Ibbison's motion earlier this evening for retention of those knowledgable in Urban Renewal Law, recommends Joe Montano, to be placed under contract He is the leading condemnation lawyer in the State CITY COUNCIL MINUTES June 22, 1987 Page -6- Motion by hrs Ibbison to place Faegre & Benson under contract to the City to perform condemnation work at stated hourly rates, seconded by Mrs Keller, carried 6-0 with Mr Davis abstaining ELECTED OFFICIALS' MATTERS Jim Malone stated he will pass out data processing steering committee August Study Session information master plan developed by Committee requests meeting at He adaressed the memo the City Administrator passed out and he added a note to that, that the meal allowance at conference and training sessions be limited to $25 00 per day, his note statea he was incorporating that same limit to elected officials Motion by Mr FIasco to retract both cutbacks immediately, seconded by Mrs horth, carried 4-j with Councilmembers Ibbison, Keller, and Merkl voting No Randy West addressed meeting the Sellers & Grigg at CML Conference and the compliments bestowed by them on Mr Minetor and Nr Goebel Motion by Mr West to reconsider Council Bill 299 - Case WZ-87-1 _ Schneider - as an amended application on July 13, 1987, seconded by Mrs Worth, carried 7-0 Tony FIasco asked what progress has been made on the 38th & Chase matter Mr Jaquay replied that summonses have been issued and will continue to be issued when violations occur He asked the mayor about discrepancy on Lakemont Center Answer was it is scheduled for a Study Session National League of Cities has scheduled 4 conferences on Economic Development Motion by Mr FIasco to allow the chairman and vice-chairman of EDARC to attend if they wish, seconded by Mrs Worth, carried 7-0 Claudia worth asked City Attorney about the MiChigan Supreme Court upholding a pornography ordinance re how much and how it can be sold Asked Mr Hayes to look into this She thanked Public Works Department for taking her suggestion regarding using community service people who are serving sentences to sweep and shovel sidewalks on Kipling Street Motion by Mr Merkl to condemn all property appraiseo, because now if the people do not can not negotiate appraisal, seconded by Mr Mr West and Mrs horth voting No along Lena Gulch once it is agree to appraisal, then we FIasco, carried 5-2 with CITY COUNCIL MINUTES June 22, 1987 Page -7- Motion by Mr Davis for adjournment, seconded by Mr Nerkl, carried 4-3 with Councilmembers Keller, FIasco, and Worth voting No Meeting aajournea at 11 45 p m i ,__ . t ,;:L ~< (..~.. , . l. wand:-a-sang , CTtycr;trk-------- v APPROVED BY CITI COUNCIL ON JULY 13, 1987 BY A VOTE UF 7 TO o -----2(, // /). <' 1 Kent Davis, Council President