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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 to 0