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HomeMy WebLinkAbout10/26/1987 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO October 26, 1987 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Kent Davis, Tony Flasco, Doris Ibbison, Rod Johnson, Larry Merkl, Moe Keller, Randy West, and Claudia Worth Also present City Clerk, Wanda Sang, Acting City Administrator & Chief of Police, Howard Jaquay, City Attorney, John Hayes, Public Works Director, Rio Minetor, Director of Community Development, Charles Stromberg, Director of Planning, Glen Gidley, staff, and interested citizens APPROVAL OF MINUTES of October 12, 1987 Motion by Mr seconded by Mr Merkl for the approval of the Minutes of October 12, 1987, West, carried 8-0 Mr Merkl made a point of order and asked that the meeting be turned over to City Attorney, John Hayes Mr Hayes presented a public tribute to Mayor Hank Stites Joining into the tribute were Bonnie Allison, State Representative of District 24, Marjorie Clement, Jefferson County Commissioner, who read a resolution from the Commissioners, Jane Hoback and Dick Hilker, Editors of the Wheat Ridge Sentinel, who presented the Mayor with the Headlines of the Paper Mr Hayes read letters into the record from Representative Dan Schaefer and Governor Roy Romer Claire Traylor, State Senator, presented and read Resolution from State General Assembly CITIZENS' RIGHTS TO SPEAK Helen Steele, Representative of RTD, reported on the new route which is 1-25 connection roundtrip from Applewood Village to Cold Springs, a route you can use to get to Red Rocks Eric Medina, 8080 W 38th Ave , commented on the salary of Police Officers, do not cut them Freeland Goddard, 4200 Upham, read a statement into the record--asked Council to reconsider Town Center issue Dave Goracke, President of Police Protective Association, 7500 W 29th Avenue, made statement on employee wages LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1. --- Application by Cool Water Land and Cattle, Inc , dba Scooters Lounge, Inc , 3240-70 Youngfield, for modification of their premises Perry Nissler, 1579 W Briarwood Ave, representing Scooters Lounge, was sworn in by the Mayor Motion by Mr Johnson to approve the modification of premises for Cool Water Land and Cattle, Inc , dba Scooters Lounge, Inc , 3240-70 Youngfield, Wheat Ridge, seconded by Mr West, I'arried 8-0 CITY COUNCIL MINUTES October 26, 1987 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 Council Bill 31S - An Ordinance amending various sections of Appendix A, Zoning Ordinance, of the Code of Laws of the City of Wheat Ridge, relating to the keeping of animals (Case No ZOA-87-3) Council Bill 315 was introduced by Mr Merkl on second reading, title read by the Clerk, Ordinance No 734 assigned Glen Gidley presented the case Present and sworn in by the Mayor were Ralph Clark, 7500 W 33rd Rd , who spoke in favor of the Ordinance He was a member of the LDR Task Force sub committee and felt the task force worked hard to compromise Leslie H. Botham, 3380 Pierce, also was a member of the task force sub committee and spoke in favor of the Ordinance Nancy Snow, 11115 W 40th Ave, commented on pros and cons of Ordinance Louise Turner, 11125 W 38th Avenue, read letter from other residents--spoke in favor of Ordinance Bonnie Botham, read a letter from Claudia Callas into the record Dan Winter, 3240 Parfet, stated he can live with the Ordinance Warren McCoy, 3275 Dudley, approves of the Ordinance Tex Junker, 4615 Swadley, wants law to remain the same Dougal Graham, 3330 Chase, member of the task force, concurs with the other members of the task force, asked for Council to vote for Ordinance just as it is written Ruth Richardson, 4030 Field Street, is not in favor of the Ordinance, requested that if Ordinance passes, it be enforced Clerk read letter into the record from R Keith Meilham, 2831 Reed Street, protesting the acceptance of this to be on record Motion by Mr Merkl that Council Bill 315 (Ordinance 734) be approved on second reading Reasons for this recommendation are 1 The Land Development Regulations Task Force has recommended approval 2 The Planning Commission has recommended approval 3 The Animal Control Commission has recommended approval 4 The proposed changes achieve the multiple objectives of improving ambiguous ordinance language and providing for stronger protection to adjacent residences, while providing for reasonable opportunities to maintain animals in residential areas, seconded by Mrs Keller Motion by Mrs Worth that under L c of Ordinance after words "(60) consecutive days or move" add sentence "or if animal should die" and rest remain the same, seconded by Mr Flasco Mr West will vote No, because he feels the people on the task force agreed to the best they could come up with Mr Johnson will vote No, because he feels if the animal dies, and it is a pet which people have had and they replace it, they should have that opportunity even in non-conforming Part of the ordinance was the inhuman or unanimal way the animals have been treated Feels that is something Animal Control should be enforcing Motion failed 3-5 with Councilmembers Davis, Flasco, and Worth voting yes Mr Flasco moved to amend to "30 feet" from rear property line, seconded by Mrs Ibbison, Failed 3-5 with Councilmembers Ibbison, Davis, and Flasco voting yes Original Motion carried 8-0 October 26, 1987 CITY COUNCIL MINUTES Item 3 Page -3- Council Bill 317 - An Ordinance providing for the approval of rezoning from Planned Residential Development, Agricultural-Two and Industrial to Planned Commercial Development and for approval of an Outline Development Plan on land located at 4700-4800 Tabor Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-87-4) (Baptist Home Association of the Rocky Mountains) Council Bill 317 was introduced on second reading by Mrs Worth, title read by the Clerk, Ordinance No 735 assigned Mr Gidley presented the case Floyd Harrison, 4790 Tabor, was sworn in by the Mayor and presented drawing of Plan and answered questions Motion by Mrs Worth that Council Bill 317 (Ordinance 735), a request to rezone property from Planned Residential Development, Agricultural-Two and Industrial to Planned Commercial Development and for approval of an Outline Development Plan, be approved for the following reasons 1 All posting requirements have been met and the property is within the City of Wheat Ridge 2 The rezoning will correct a nonconforming situation and will unify zoning on the property 3 It will have no negative impact on adjacent property, seconded by Mrs Keller, carried 8-0 Item 4 Council Bill 318 - An Ordinance establishing the salary for the Elected Positions of Mayor, Members of Council, City Clerk, and City Treasurer, of the City of Wheat Ridge, during the term of office commencing November 9, 1987 and ending November 13, 1989, repealing Ordinance 636, Series of 1985, and providing for an automatic repeal and termination of this ordinance Council Bill 318 was introduced on second reading by Mr Merkl, title read by the Clerk, Ordinance No 736 assigned Motion by Mr Merkl for the adoption of Council Bill 318 (Ordinance 736)-on-second reading, seconded by Mr Davis Mr West will vote No, because he feels this should have been discussed before it came up on second reading Mr West moved to amend to increase City Clerk's and City Treasurer's salary to $25,000 per year, seconded by Mr Flasco, Failed 3-5 with Councilmembers Johnson, West, and Flasco voting yes Mr Flasco will vote No, because we are not cutting employees' wages, there are $231,00 in the budget and, as Mr Johnson eloquently pointed out, which amounts to about $1,500 raise per employee, doesn't understand why the elected officials are not given the same treatment Vote on original motion carried 6-2 with Mr Flasco and Mr West voting No Item 5 Council Bill 319 - An Ordinance amending Ordinance No 727, Series of 1987, by amending the area included within the "Moratorium Area" concerning properties within and adjacent to the Wadsworth Town Center as created in said Ordinance No 727 Mr Davis asked to abstain introduced on second reading Ordinance No 737 assigned Chair accepted Council Bill 319 was by Mrs Ibbison, title read by the Clerk, CITY COUNCIL MINUTES October 26, 1987 Page -4- Marie McNeel, 4275 Upham Street, was sworn in by the Mayor, and made comments on background of her residency in Wheat Ridge and her feelings on moratorium area, she is not in favor of the moratorium Motion by Mrs Ibbison f~r the adoption of Council Bill 319 (Ordinance 737) on second reading, seconded by Mr Johnson Motion by Mr Merkl to take out single family residents on Upham Street which lie south of the Pay & Pak and north of existing multi-family units, seconded by Mr FIasco Mrs Ibbison & Mr Johnson accepted this as part of their motion Mr Flasco will vote No, because he voted against the moratorium in the beginning Motion carried 6-1 with Mr Flasco voting No, Mr Davis abstaining Motion by Mr Merkl to extend the meeting past 11 00 P m and finish the agenda, seconded by Mrs Worth, carried 5-3 with Councilmembers Flasco, Johnson, and Davis voting No Item 6. Case No WPA-87-2 - Proposal to amend the Wheat Ridge Comprehensive Plan, Section V Transportation, to add criteria and specifications for a "Rural Street" classification Motion by Mr Davis to table this item for 30 days, seconded by Mr Flasco, carried 5-3 with Councilmembers Keller, West, and Worth voting No ORDINANCES ON FIRST READING Item 7 Council Bill 320 - An Ordinance repealing and reenacting Section 21-21 and Section 21-23 of Chapter 21, Article II of the Code of the City of Wheat Ridge, Colorado, pertaining to Taxation of Telephone Exchanges Motion by Mr West to adjourn Motion died for lack of second Council Bill 320 was introduced by Mr Merkl on first reading, title read by Clerk Motion by Mr Merkl that Council Bill 320 be approved on first reading, ordered published, public hearing be set for Monday, November 23, 1987 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect January 1, 1988, seconded by Mr Davis, carried 7-0 DECISIONS, RESOLUTIONS. AND MOTIONS Item-2- Resolution 1055 - approving the Basic Financing Structure of the Wheat Ridge Town Center Project as submitted by the Wheat Ridge Economic Development and Revitalization Commission Resolution 1055 was introduced by Mrs Ibbison, title read by the Clerk Motion by Mrs Ibbison for the adoption of Resolution 1055, seconded by Mrs Worth Craig Re~nolds of EDARC asked for approval and introduced Russell Heise, Senior Vice President, and Mike Cavanaugh, Vice President, of Dain Bosworth Mr Heise answered Council's questions, as did Mr Jim Windholz, attorney for EDARC, who was also present Motion carried 7-1 with Mr Flasco voting No CITY COUNCIL MINUTES October 26, 1987 Page -5- Item 10 --- Resolution 1056 - approving the Cooperation Agreement between the City and the Economic Development and Revitalization Commission. Resolution 1056 was introduced by Mr Johnson, title read by the Clerk Motion by Mr Johnson for the adoption of Resolution 1056, seconded by Mrs Worth, carried 8-0 Item 11 Resolution 1057 - concurring with City of Arvada's request to rename the Wheat Ridge Regional Center to the Arvada Regional Center Resolution 1057 was introduced by Mr Merkl, title read by the Clerk Motion by Mr Merkl for the adoption of Resolution 1057, seconded by Mrs Keller Mrs Worth commented that historically this has been known as Wheat Ridge Regional Center and she would like to see it remain the same Others concurred that they would not vote to change the name Motion failed 2-6 with Mr Merkl and Mr Flasco voting yes Item 8. Resolution 1054 - honoring Howard Jaquay for Outstanding Service to the City of Wheat Ridge, Colorado Motion by Mr Merkl to re-affirm Resolution 1054, seconded by Mr Davis, vote was 0-8 DECISIONS, RESOLUTIONS, AND MOTIONS Item 12 A) Resolution 1058 - adopting the City Budget, establishing a Mill Levy for the purpose of deriving property tax revenues, and appropriating sums of money to the various funds and spending agencies in the amounts specified below, for the City of ~heat Ridge, Colorado for the 1988 Budget Year Resolution 1058 was introduced by Mrs Worth, title read by the Clerk Jan Woellhaf, 3530 Miller Street, spoke in oyposition to the approval of the City Budget, spoke in favor of the Police Department not getting their wages cut Clerk read a letter into the record from several citizens asking the Police Department get raises Councilmembers Johnson and Davis spoke to the $240,000 alloted for raises and it is not true that wages have been cut Motion by Mrs Worth for the adoption of Resolution 1058, seconded by Mr Johnson, carried 6-2 with Mrs Worth and Mr West voting No B) Resolution 1059 - establishing a 1988 Performance Bonus Program for employees of the City of Wheat Ridge, Colorado, and designating a maximum of $125,000 from Sales Taxes received over and above the amount of $5,200,000 during 1988 as the source of funds for said program Resolution 1059 was introduced by Mr Merkl, title read by the Clerk CITY COUNCIL MINUTES October 26, 1987 Page -6- Motion by Mr Merkl for the adoption of Resolution 1059, seconded by Mr West Mr Davis will vote no, feels it is false economy It is a you win/I lose situation, should be more precise, if we fall below that, the same dollars would be extracted in those areas rather than personnel Motion carried 5-3 with Councilmembers Johnson, Davis, and Flasco voting No Item-11_ Consent Agenda A) Resolution 1060 - authorizing the City of Wheat Ridge to enter into an Intergovernmental Agreement with the Seniors' Resource Center in order to provide transportation services to the senior citizens of the City of Wheat Ridge, Colorado B) Motion to approve the purchase of the Digital Oscilloscope from Snap-on-Tool Corporation in the total amount of their bid of $2,748 75 with all costs charged to Account Number 57-305-832 C) Motion to purchase the Mechanical Soil Compactor & Calibration Kit from Rainhart Company for the total amount of their bid of $3,285 with all cost charged to Account Number 01-302-809 D) Motion to award the contract for the ~poxy Quartz Seamless Floor in the Anderson Building to Offiniplex Inc , in the total amount of their bid of $7,445 and all costs to be charged to Account Number 32-601-813 E) Motion to cancel the November 2, 1987 Study Session and schedule it for November 16, 1987 Motion by Mr Merkl for approval of the Consent Agenda as printed, introduced Resolution 1060 in Consent Agenda, Clerk read title, seconded by Mr Davis, carried 8-0 Item 14 Motion by Mrs Worth that a hearing be held on the petition for the creation of the "City of Wheat Ridge, Special Improvement District No 1987-1" on November 23, 1987 at the regularly scheduled council meeting, seconded by Mrs Keller, carried 8-0 ELECTED OFFICIALS' MATTERS Rod Johnson reminded Council of Optimist Club Pancake supper on Thursday night, October 29, 1987 CITY COUNCIL MINUTES October 26, 1987 Page -7- Larry Merkl suggested that if possible, the facts on employee pay raises should be made available to any citizen that comes in The accurate figures should be presented, and not the distorted truth that was passed out door to door Randy West moved to appoint Judge Zarlengo and Judge Danz to the next 2-year term if they so agree Motion died for lack of second Claudia Worth stated that when she first came on Council she couldn't imagine working with Mayor Stites, but it has been fun and thanked him a lot Motion by Mrs Worth to adjourn, seconded by Mr West, carried 8-0 ~eeting adjourned at 12 15 a m .--/ Wanda Sang, City Clerk APPROVED BY CITY COUNCIL ON NOVEMBER 23, 1987 BY A VOTE OF ~._TO ~ / > / 1 , L...~{ r..~ ..4,... CLA.- ~...1 Council President