HomeMy WebLinkAbout10/24/1988
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
October 24L-l988
The City ('ouneil Heeting 'Na,> ealle1 to order by the fJayor at 7 30 P IT;
(ouneilrnember,> pre,>ent hent Gavi,>, Tony Fla,>co, Dori~ lbbi"on, Larry
Her k 1, hoe K e 11 e r, Nan c y S now, R a wj y We" t, an 1 rIa wi i a \>10 r t h Al so
[J r e ~ e n t (' it y (' 1 e r ~, h a n <i a San 6, Act i n g (' it Y .1\. rj II! i n i ~ t rat, r, C 1 e n G i die y ,
rity Attorney, John Haye", actin[; ('hief of Police, l1 Ray, "taff, ani
intere~te1 citizen"
APPROVAL OF MINUTES of October 10, 1900
Motion by Mr~ Ibbi~on for the ap[Jroval of the hinute~ of Uctober 1U,
1988, ,>econ1e<i by t'lr Davi", carried 0-0
CITIZENS' RIGHTS TO SPEAK
Tony Fla,>co reai a letter int0 the record con,mendinE." tf1an~ing, anrJ
C011pliroenting the 'v.heat Ridbe Police De[Jartwent f')r the profe,,"ion::!l and
thorough handli1~ of the criminal inve~tigatinn of tho~e per,>on/per"on,>
who wrote and di,>triblJte1 the 2nonyrilou" note an1i rUII,or,> ree;arding the
rhine~e coin collection
Ed Ray accepted the thank" on behalf of all tne officer~ who ha<i workeJ
on thi" liJ::!tt':::r
Dana Bowling, ['hairman of the B021rd of the Senior He"ource Center,
intrOduced Ted..s.ric~,>o.!2, retired Po,>tma"ter, Pat Garr2:.!:l., vice c~lairll1an
of the Senior Re"ource renter, r L Retelsdorf, previous chairman,
who ha" been with the Senior organization for 10 year" and i,> a retired
"chool "uperintendent, and Dr Noar) jViaknirnb~ from DRCUG,
who i'> froll, r,enya He expl21i ned the rea,>on they were rlere ,.Ja~ to meet
every ('ouncilmember and to let thew know what their orbanization 1"
about 1rley then proceerJea to tell [ouneil all about their
organiz::!tion anrJ an~werei 4ue~tion"
hotion by Tony F'la"co to IIlove ItellJ '( A & B ott the ('on~ent Agend::! dncJ
to rnove then; up and take care of thern now, "econded by Mr~ horth,
Mayor Wil1e ~t::!tecJ they fir~t neerJed to be approved
Motion by Mr Fla"co to approve Ite~s 7 A & b , ~econdea by Nr,>
'"f5bi~on, carri.erJ 8-0
Motion by Mr Fla~uo tJ lliove the Item" to take c::!re of them at thi.,>
ti.me, "econied by hr Merkl, carrierj 8-U
~ayor Wilde pre"ente1 Re"olutioG 1110 - Re"olutiul of Appreciation for
Wheat Hi.dge ryelery to Mr Cene Yiefel who wa" pre"ent to receive the
Re"olution and than~e1 rouncil and Police Department
Tony FIasco read Re"olution 1117 - Re"olJtion lnrJor"ing rity rler~ handa
San1,'~ ArJv;:wcerfJent to Pre,>iient 0f the ['olora<io ('ity rlerk'" A,>"ociatio(l
into the recorrJ ancJ pre"enterJ \~arlda the Re"olution
CITY rUUNCIL MINUTES
uctober ~4, 1900
F'<lge -2-
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1
---
Application for Tran~fer of Uwner~hip from ra~~uccino'~ Inc
db"l r"l~puccino'~, 4105 Wad~worth Elvl1 , lNl'"le"lt Rirjge, to
Wal~worth 41, Inc , dba Colorado r"lfe Thi~ i~ a Cla~s G -
Hotel & Re~taurant Liquor Licen~e with extended hour~
Albert E Anderson wa~ sworn in by the ~ayor He i~ the attorney for
Hobo, Inc , owned by Dewey Dutton, o~erator of the Gemini Restaurant,
vlho IJ~ed to own the IJrolJerty at 41U5 \,ai~worth Elvl Hr Dutton i~
concernea that he mi6ht have ~o~e financial interest that mayor may not
have been properly di~clo~ed Thi~ intere~t would be strictly in the
a~~et~ at that lo~ation They oppo~e the granting of thi~ licen~e
becau~e Uley don't feel the ~tatute (blJlk ~"le~ law) wa~ cOHlplied
with and there are ~till rJebt~ owei to variou~ creditors
A. p P 1 i can t ~ Rob e r t L Moo n e y, and L i n daD row n ~'o 0 n e y, '30 4 7 S f lower r t ,
Lakewood, were pre~ent and ~worn in by the Mayor Hr Mooney explained
that Nr Dutton harJ not filed " ~ecurity for the equipment with the
Secretary of State Hi~ corporation had paid the previous owner~
<lni it wa~ up to the previou~ owner~ to di~bur~e the money to people he
owed money to
They agreed to t<lke the rity rler~'~ Liquor ~emin~r a Ii h"ve their
employee~ attend that seminar
City Attorney Hayes ~tated that the matter r"i~ed by Mr Ander~on woulrJ
not pre v e n t Co un c i 1 fro III t ran <; fer r i n G the 1 i quo r 1 ice n ~ e
Motion by Mr herkl to aplJrove the Tran~fer of 0wner<;hip from
Cappuccino'~ Inc , dba Ca~puccino'~, 4105 wad~worth Blvd, wheat Ridge,
to wad~worth 41, Tnc , dba Colorado ('afe This i~ a ('la~~ G - Hotel &
Re~taurant Liquor Licen~e with Extended Hour~, ~econded by ~r~ Keller,
carriei 0-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2
Council Bill 357 - An urdinance repealing Chapter 11, Massage
Parlor~, of the Code of Law~ of the City of ~he"t Ridge,
Colorado
( r 0 n tin u e 11 fro III .:) e p t e III be r 2 b, 1 90 [) )
rouncil Bill 357 wa~ introducei by Mr~ Keller, title read by the Clerk,
urdinance No 7(5 a~signed
Philip Cran~~, 309b Denton, wa~ [Jre~ent and ~vlorn in by the iVlayor He
fully concurs with Ed Ray's recomllJeniation~, but ~ugge~ted that for the
rity of ~heat Ridge to be more in line with the Colorado Legi~latJre,
which ju~t recently elevated three other [Jrofe~~ional title~ to the
practice of private p~ych~therapy, he would like to propo~e that three
additional title~ be included in that sentence and those title~ be
"clin1.cal social vJorker", "profe~~ion"l ~oun~elor", and "marriafi,e ani
family therapi~t"
Motion by Mr Merkl to Table rouncil bill 357 indefinitely, seconded by
Mr~ Snow, ~arried S-o
CITY COUNCIL MINUTES
October 24, 1988
Page -3-
Motion by Mr Merkl that the recomruendation~ of our police department
along with the current State Law be given to the rity Attorney 8nd the
rity Attorney 8nd rhief of Police work out a new Ordinance on Ma~sage
Parlor~ that will be in line with the State Law, 5econded by Mrs
Keller, carried 8-0
Item 3. Council Bill 360 - An Ordinance providing for the approval of
rezoning from Commercial-One to Planned Commercial Development
and for the approval of a Combined Outline and Final
Development Plan and Plat on land located at 4900 Parfet
Street, City of wheat Ridge, County of Jefferson, State of
Colorado
(Case No WZ-88-15) (Sullivan/Haye5 & A~sociates)
(Continued from October 10, 1988)
Item 4 Application by Sullivan/Haye~ and A~sociate~ for approval of a
3-10t Minor Subdivision on property zoned Commercial-One (C-1),
located at approximately 4800 Parfet Street
(Ca5e No MS-88-03)
(Continued from October 10, 1988)
Mr Haye5 explained that he had talked to the attorney for
Sullivan/Haye~ Company today and wa~ advised that the rezoning
application ha~ been withdrawn, a~ ha~ the request for subdivision
approval The reason is, that the owners of the property were unable
to either come to or to keep final agreement with Pella Products Pella
does no longer wi~h to buy the property or build at that location
Motion by Mrs
seconded by Mr
Snow that Council Bill 360 be Tabled indefinitely,
We5t, carried 8-0
Mrs Snow asked that Mr Haye~ tally up all hi~ expen~es and bill these
people, since they had agreed to pay all legal expenses
Motion by Mrs Ibbi~on to Table Item 4 indefinitely, seconded by Mrs
Worth, carried 8-0
ORDINANCES ON FIRST READING
Item 5. Council Bill 362 - An Ordinance repealing and reenacting
Section 18-31 Salarie~ of the Code of Laws of the rity of Wheat
Ridge
Council Bill 362 wa~ introduced by Mrs Worth on first reading, title
read by Clerk Motion by Mr5 Worth that Council Bill 362 be approved
on fir~t reading, ordered published, public hearing be 5et for Monday,
November 14, 1988 at 7 30 p m in City Council rhambers, Municipal
Bldg , and if approved on second reading, take effect on January 1,
1989, ~econded by Mrs Snow, carried 8-0
CITY COUNCIL MINUTES
October 24, 1988
Page -4-
Item 6. Council Bill 363 - An Ordinance providing for the approval of
rezoning from Re~idential-Three to Restricted Commercial-One,
with condition~, on land located at 6991 We~t 37th Avenue, City
of Wheat Ridge, County of Jefferson, State of Colorado
(Case No WZ-88-11) (Lakeside National Bank)
Council Bill 363 wa~ introduced by Mr Davis on first reading, title
read by Clerk Motion by Mr Davis that rouncil Bill 363 be approved on
first reading, ordered published, public hearing be set for Monday,
November 14, 1988 at 7 30 p m in City Council fhamber~, Municipal
Bldg , and if approved on ~econd reading, take effect 15 days after
final publication, seconded by Mr Merkl, carried 7-1 with Mr Merkl
voting No
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 7. CONSENT AGENDA
A Resolution 1116 - Resolution of Appreciation for Wheat Ridge
Cyclery
B Resolution 1117 - Re~olution Endorsing City Clerk Wanda
Sang's Advancement to Pre~ident of the Colorado City Clerk's
Association
C Resolution 1118 - Resolution adopting the City Budget,
establishing a Mill Levy for the purpose of deriving property
tax revenues and appropriating sums of money the various funds
and spending agencie~ in the amount~ specified below, for the
fity of Wheat Ridge, folorado for the 1989 Budget Year
D Resolution 1119 - Resolution e~tablishing a 1989 Performance
Bonus Program for employees of the City of Wheat Ridge,
Colorado, and de~ignating a maximum of $125,000 from $5,200,000
during 1989 as the source of funds for said program
E Resolution 1120 - Re~olution adopting the Salary SChedule
providing for Pay Grades and Pay Ranges for the Fiscal Year
1989
F Motion that Public Work~ be authorized to purcha~e a total
of 12 Canoga 4-channel detectors, with the appropriate power
supplies, at a total cost of $5,916 to be charged to Account No
31-304-843
G Motion that the Quit rlaim Deeds from the rity of Wheat
Ridge, Colorado to Fred J Haff, Jr be approved and that the
Mayor and fity Clerk be authorized to execute the Quit Claim
Deeds and cause them to be delivered to Mr Haaf
Mr FIasco a~ked that D and E be pulled off the Consent Agenda
Motion by Mr Merkl to approve C F and G as printed, seconded by Mrs
Snow, carried 8-0
CITY rOUNCIL MINUTES
October 24, 1988
Page -5-
D Tony FIasco moved for the adoption of Re~olution 1119 with
the following amendment on page 2, paragraph 1 to insert the words
"it i~ further provided that the performance bonu~ program created
hereby ~hall not be funded until any and all amounts of sales taxes
required secured to secure the repayment of principal and interest due
on any sales tax revenue bonds is~ued, or to be i~~ued, by the rity have
been collected", seconded by Mr Davi~
Mrs Ibbison asked for a friendly amendment, to use the word~
"contingent compensation" instead of "performance bonus"
Motion-maker and second accepted
Motion carried 8-0
E Motion by Mr Davi~ to eliminate the position of "Planning
Director", seconded by Mr FIasco Di~cu~sion followed Motion Failed
3-5 with Councilmembers Merkl, Davi~, and FIasco voting yes
Motion by Mrs Ibbison to refer thi~ back to the Personnel Commission,
seconded by Mrs Worth, carried 5-3 with Councilmember~ Keller, Davis,
and West voting No
Motion by Mrs Keller for the adoption of Resolution 1120, seconded by
Mr West, carried 8-0
Item 8. Annexation Petition - Rex Haag (Midwe~t Builders)
Mr Gidley presented the annexation petition City Clerk, Wanda Sang,
stated that the petition was in order according to the law The first
phase of the process would be for Council to accept the petition
Rex H~, applicant, was present and answered questions
Motion by Mrs Snow to accept the petitions with the contingency that
Mr Haag pay the co~t of adverti~ing and the rity Attorney prepare the
Re~olution and Ordinance, seconded by Mr We~t, carried 6-2 with Mr~
Worth and Mr Davi~ voting NO
Item 9. Modification Agreement for City of Wheat Ridge Industrial
Development Revenue Bond (Kipling Ventures, Ltd , Project),
Series 1981
Motion by Mr Merkl to approve the modification agreement between
Commercial Federal Saving~ and Loan Association, the City of Wheat
Ridge, and Kipling Ventures, Ltd , and to authorize the Mayor and City
rlerk to sign the agreement, seconded by Mr Fla~co, carried 8-0
CITY ATTORNEY'S MATTERS
John Haye~ introduced Tammy Green, who recently went to work with his
law firm
The Supreme Court recently decided a case in favor of the City of
Colorado Springs, that had a correlation with the Currier Case
means, that there is no damage claim that can be brought again~t
Ridge Today was the la~t day for Currier to file an appeal, as
he knows, none was filed
That
Wheat
far a~
CITY COUNCIL MINUTES
October 24, 1988
Page -6-
With regard to the legal work to be done on the purchase of the water
rights from Warren Johnson, he would like Council's permission to retain
the services of Ms Waring who i~ a lawyer who shares office space with
his firm She would do the work for $85 00 per hour She i~ a water
lawyer and he is not He would at least like for her to supervise this
transaction
Motion by Mrs Ibbi~on that Mr Hayes be allowed to retain an expert in
purchasing water rights, ~econded by Mr West, carried 7-1 with Mr
Davis voting No
John Hayes' firm purchased a FAX machine for $1660, he had been directed
to buy a machine and bill the rity for it, doe~ Council want him to buy
a machine for the City for the same price? Con~ensus was to go ahead
and do this
He stated that due to Amendment 6 being on the ballot, bond buying for
Colorado had been put on hold
He then a~ked for an Executive Ses~ion under Section 5 7(b)(1)(A) and
(b)(3) Mr Merkl so moved, seconded by Mrs Keller, carried 8-0
Motion by [vIr
Mrs Ibbi~on,
voting yes
west to adjourn and go into Executive Session, seconded by
Failed 3-5 with Councilmember~ Keller, Davis, and West
ELECTED OFFICIALS MATTERS
Motion by Mrs Ibbison to have a meeting of the representatives of all
the Special Districts involved in Wheat Ridge and plan it in February
1989, seconded by Mrs Keller, carried 7-1 with Mr West voting No
Kent Davis referred to the "Information Only" Item from Bob Goebel,
regarding the co~t of installing ~ubstandard speed limit ~igns in Wheat
Ridge
Mrs Worth felt the costs were somewhat inflated She would like to see
this go back to the street committee, signs already in place would not
need a new base.
Motion by Mrs Worth to send thi~ back to the Street Committee to
con~ider only the specific ~treets that need to be re-~igned in
individual cases, Failed 4-4 with Councilmembers Merkl, Davi~,
Ibbison, and We~t voting No
Mrs Worth congratulated Detective Jay Gray for persuing the television
program and apprehending a very serious offender in the rity of Wheat
Ridge We have gotten a lot of good publicity out of it and should be
very proud of of our individual policeman of going to the extremes that
he went to, to catch the weirdo Thank~!
CITY COUNCIL MINUTES
October 24, 1988
Page -7-
Tony FIasco read a letter from Mike Smith for their information
regarding the re~tructuring of DRCOG
Larry Merkl made a motion that the rity Council of the City of Wheat
Ridge doe~ oppo~e the pas~age of Amendment 6 because of the effect it
will have on government in general, ~econded by Mrs Keller, Failed 4-4
with Councilmembers Merkl, Keller, Snow, and Ibbison voting yes Mr
Davi~ voting No, because he think~ the citizens will say what i~ on
their minds and that is the only way they can do it Mr West feels
like Mr Davi~, let the citizens vote Mr Fla~co feel~ the ~ame way
Mr Davis does
Meeting adjourned at 10 10 P m
EXECUTIVE SESSION WAS HELD.
! '
...... '/vt j~i.-,L?....- t [. ~j
Wanda Sang, City ClerV
APPROVED BY CITY COUNrIL ON NOVEMBER 14, 1988 BY A VOTE OF 8
6/J,Q<-1
Kent Davi~, Council Pre~ident
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