HomeMy WebLinkAbout05/22/1989
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
May 22, 1989
The City Council Meeting was called to order by the Mayor at 7 30 p m
Councilmembers present Tony FIasco, Doris Ibbison, Moe Keller, Randy
West, and Claudia Worth Kent Davis and Nancy Snow were out of town,
Larry Merkl was attending a funeral and arrived at 8 10 P m Al30
present Deputy City Clerk, Christa Jones, City Aiministrator, Mike
Smith, City Attorney, John Hayes, Public Works Director, Bob Goebel,
Director of Planning & Development, Glen Gidley, Chief of Police, Jack
Hurst, staff, and interested citizens
APPROVAL OF MINUTES of April 24 and May 8, 1989
Motion by Mrs Ibbison for the approval of the Minutes of April 24,
1989, seconded by Mr West, carried 5-0
Motion by Mrs
seconded by Mrs
Worth for the approval of the Minutes of May 8, 1989,
Keller, carried 5-0
PROCLAMATIONS AND CEREMONIES
Mayor Wilie administered the Oath of Office to Kim English, Personnel
Commission, and Herman Zitz, Richards-Hart Estate Advisory Committee.
CITIZENS' RIGHTS TO SPEAK
Hilda Cryan, Presiient of Prospect Valley PTSA, read letter into the
record asking Council for help with their crossing guard program
Council consensus was 5-0 that John Hayes contact the R-l School Board
regarding the crossing guard program
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1. Application for Transfer of Ownership for Time Square Liquors
Applicant Ken Gottwald, 10533 W Marlowe Place, Littleton, was present
and sworn in by the Mayor He explained that he came into pesses3ion of
the property by default of the previous owners who owed him money He
referred to his letter dated April 4, 1989, in which he explains the
details of their default
Motion by Mr FIasco to approve the Transfer of Ownership of a Retail
Liquor Store License, dba Time Square Liquors, 4216 Wadsworth Blvd,
Wheat Riige, to Kenneth F Gottwald He further moved that a copy of
Mr Gottwald's letter, dtd April 4, 1989, be mailed by certified mail to
the last known address of the previous owners, seconded by Mrs Keller,
carried 5-0
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May 22, 1989
Page -2-
Item 2. Application for Special Events Permit for Sts Peter and Paul
Church
Motion by Mr Fla~co to approve the Special Events Permit for Sts Peter
and Paul Church, at the location of 3900 Pierce Street, Wheat Ridge, to
dispense malt, vinous and spirituous liquor on 6/9/89 from 6 00 p m to
11 00 pm, on 6/10/89 from 4 00 p m to 11 00 P m and on 6/11189 from
12 00 neon to 11 00 pm, seconied by Mrs Keller, carried 5-0
Item 3. Motion to set l-mile radius, order survey, and set Public
Hearing for Q Superette Corporation
Motion by Mr West that the neighbGrhood be set at a 1-mile radius, that
a survey to est'3blish the needs and desires of the neighborhood be
taken, and that the public hearing on this application be held on June
26, 1989, seconded by Mrs Keller, carried 5-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 4. Public Input for 1990 City Budget
Rod JOhnson, 3313 Wright Street, askei that Council replenish the
surplus, don't spend whatever comes in, specific things to look at are
City Vehicles car allowances (evaluate this subject), Computers
suggested thorough inventory ani evaluation of computer system, Exempt
Employees why are we working 7 1/2 hour days? why are we allowing
comp time? Matrix system is going to give cost of living increases
automatically, too many chiefs, not enough Indians, support staff always
goes first during a budget crunch, half the budget is Personnel--who is
doing what? evaluate
Motion by Mr FIasco that we suspend the Rules and postpone Items 5
through 10 and continue with Ordinances on first reading until Mr
Merkl arrives, seconded by Mrs Keller, carried 4-1 with Mr West voting
No
ORDINANCES ON FIRST READING
Item 11. Council Bill No 17 - An Ordinance proviiing for the approval
of rezoning from Residential-Two to Commercial-One on land
located at 4298 Kipling, City of Wheat Ridge, County of
Jefferson, State of Colorado
(Case No WZ-89-5) (Glen Daughenbaugh)
Council Bill 17 wa, introduced by Mrs Keller on first reading, title
read by Clerk Motion by Mrs Keller that Council Bill 17 be approved
on first reading, ordered publiShed, public hearing be set for M$nday,
June 12, 1989 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved ~n sec~nd re'3ding, take effect 15 days after final
publication, seconlei by Mr FIasco, carried 5-0
CITY COUNCIL MINUTES
May 22, 1989
Page -3-
Item 12. Council Bill No 18 - An Ordinance repealing and reenacting
various subsections of Section 2-53 and 2-61 of the Code of
Laws of the City of Wheat Ridge (1989) relating to the
membership, powers and duties of the Board of Adjustment and
establishing voting majority requirements for said Board of
Adjustment
Council Bill 18 was introduced by Mrs Worth on first reading, title
reai by Clerk Motion by Mrs Worth that Council Bill 18 be approved on
first reading, ordered published, public hearing be set for Monday,
June 12, 1989 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reaiing, t~ke effect 15 days after final
publication, seconded by Mr West, carried 6-0
Item 5. Council Bill No 11 - An Ordinance repealing and reenacting
various Sections of Appeniix A of the Code of Laws of the City
of Wheat Ridge relating to Residential and Agricultural Uses
and Districts
Council Bill 11 was introducei by Mrs Worth on second reading, title
read by the Clerk, Ordinance No 794 assigned
Mr Gidley explained the changes in the Ordinance and referred t@ his
memo, dtd May 16, 1989, which was part of the packet
Dorothy Thompson, 3014 Chase Street, was sworn in by the Mayor and read
a letter from Wheat Ridge United Neighborhoods into the record with
numerous suggested changes t~ the Ordinance
Louise Turner, 11256 W 38th Avenue, was sworn in by the Mayor and
clarified, with the aid of diagrams, some of Mrs Thompson's suggested
changes to the Ordinance
Lillian Fleming, 6363 W 29th Avenue, was sworn in by the Mayor and
urged that the recommendations of Wheat Ridge United Neighborhood be
followed She stated that the LDR Task Force was not supposed to make
"radical" changes, most people on the task force had commercial
interests and diin't follow residents' needs Task Force did not let
people speak at some public meetings She asked that Council not change
the quality of the City--don't turn it into "Slum City"
Larry Merkl, explained that he is the chairman of the LDR Task Force,
that everybOdy had been allowei to speak at their meetings Task Force
was made up of all kinds of citizens, did not cater to commercial
interests
Motion by Mrs Worth for the approval of Council Bill 11 (Ordinance 794)
on second reading, seconded by Mr Merkl
Mr West asked for an amendment that pigeon coops be eliminated from the
Ordinance This died for lack of a second
CITY COUNCIL MINUTES
May 22, 1989
Page -4-
Motion Failed 4-3 with Councilmembers West, Worth, and Snow voting No
Mrs Snow had left a no vote (Thi~ Ordinance neejed 5 Couneilmembers
in favor in order to pass )
Motion by Mrs Worth to reconsiier Council Bill 11 at the next regular
meeting of Couneil, seconded by Mrs Keller
Mr FIasco askej that all testimony from tonight be inclujed into that
meeting
Mrs Worth ani second accepted this as a friendly amendment
Motion carried 5-1 with Mr West voting No
Item 6. Council Bill 13 - An Ordinance adopting and enacting a revised
Code of Laws of the City of Wheat Ridge, Colorado, providing
for the repeal of certain ordinances not included therein,
providing a penalty for the violation thereof, providing for
the manner of amending such code, and providing when such code
and this ordinance shall become effective
Council Bill 13 was introduced on second reading by Mr Merkl, title
read by the Clerk, Ordinance No 794 assigned
Motion by Mr Merkl for the adoption of Ordinance 794 and order it
published, seconded by Mrs Keller, carried 6-0
Item 7. Application by Robert Vermillion for approval of a final
development plan and plat for property located at 4801 Tabor
Street
(Case No WZ-89-3) (Lakemont Center Subdivision)
Motion by Mr FIasco to continue this Item to June 12, 1989 at the
applicant's request, seconded by Mr~ Ibbison, carried 6-0
Item 8. Council Bill 14 - An Ordinance vacating a portion of dedicated
West I-70 Frontage Road North (also known as W 48th Avenue),
within the City of Wheat Ridge, County of Jefferson, State of
Colorado
(Case No WV-89-1) (RObert Vermillion - Lakemont Subdivision)
Motion by Mr FIasco to continue this Item to June 12, 1989 at the
applicant's request, seeonded by Mrs Ibbis0n, carried 6-0
Item 9. Council Bill No 15 - An Ordinance amending Chapter 13 of the
Code of Laws of the City of Wheat Ridge (1989) by adding
provisions whiCh maniate the use of safety belts in metor
vehicles
Council Bill 15 was introduced by Mr Merkl on second reading, title
read by the Clerk, Oriinance No 795 assigned
Motion by Mr Merkl for the adoption of Council Bill 15 (Ordinance 795)
on second reading ani orier it publishei, seeonded by Mrs Worth
CITY COUNCIL MINUTES
May 22, 1989
Page -5-
Motion to amend by Mr
bel t~, 'lecon ied by Mr
West that RTD ani sehool busses require safety
FIasco
Mrs Keller will vote for the Ordinance but against the amendment, feel'l
we don't have the authority and jurisdiction to ask for that
Amendment Failed 4-2 with Mr West ani Mr FIasco voting yes
Original MotiGn Failed 4-2 with Mr West and Mr Flasco voting No
(This Ordinance needei 5 Councilmembers in favor in order to pass)
Mrs Worth askei that a Resolution be brought in, asking State
Legislature to make a law that seat belts must be usei on school busses
Item 10. Council Bill No 16 - An Ordinance adding Section 20-24(9) to
the Code of Laws @f the City of Wheat Ridge (1989) to prohibit
the iisposal of household and commercial solid waste in
city-~wned solii waste receptacles
Motion by Mr Merkl to postpone this Item until we can hear it before a
full Council, 'leconied by Mrs Ibbison, Failed 4-2 with Mrs Ibbison and
Mr Merkl voting yes
Council Bill 16 was introduced by Mrs Worth on second reading, title
read by the Clerk, Ordinance No 795 assigned
Motion by Mrs Worth for the adoption ~f Ordinance 795, seconded by Mr
West, earried 6-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 13. Discussion of 32nd Avenue Cost Estimates
Bob Goebel presented Funding Analysis for West 32nd Avenue
Motion by Mrs Worth that a Special Council Meeting be set for May 30,
1989 to iiscuss opti0ns and iirections of the 32nd Avenue FAUS project
from Simms to Kipling, seconded by Mrs Keller
Mr FIasco commented that this meeting would be a waste of time until we
had a prior meeting to gather facts and figures
Mr'l Worth withdrew her motion
Motion by Mr FIasco that we holi a meeting with the Colorado Department
of Highways, the Wheat Ridge Councilmembers that want to attend, Wheat
Ridge staff, the Lakewood Councilmembers that want to atteni ani their
staff, as S00n as possible, and get the information At that meeting we
deciie whether we need a special Councilmeeting t~ take some formal
action, seconded by Mr West, carried 6-0
CITY COUNCIL MINUTES
May 22, 1989
Page -6-
Rod Johnson agreed with Mr FIasco that there is a problem with our
figures, feels we got bad averages and are n0t coming in with comparable
numbers. We are being run down by bureaucracy What we are going to d0
is the right appr~ach He urged nGt to delay the bid for west end of
32nd Avenue
Arrie Verrips, 3115 Mountain Shadows Drive, urged to check why there is
a substantial difference in costs, delve into the matter and find out
what the pr~blem is, expedite this matter, ion't delay bids anj
construction
Item 14. Correction to City Council Minutes of May 8, 1989
Jim Malone explained the budget difficulties that would result if
Council's wi~hes wouli be carried out as stated in Mr Merkl's M~tion of
May 8, 1989 "Motion by Mr Merkl that we transfer $12,000 from Account
No 30-305-812 to Account No 10-305-663-01, seconded by Mrs Snow,
carried 7-1 with Mr FIasco voting No "
Motion by Mr Merkl that we d~ n.t transfer the $12,000 and leave them
in the Capital Projects Fund, seconded by Mr West, carried 6-0
ELECTED OFFICIALS' MATTERS
Jim Malone referred tG his memo of May 17, 1989, regarding the Status
Rep@rt on Exempt Institution Licensing His staff has a letter
prepared to all vendors that beginning June 1 the exempt institution
licen~ing will be enforced If Council does not agree with this
procedure, it needs to be brought back off the shelf for action
Mr Merkl statej it had been agreed at the last Study Session to send
the letters
Motion by Mr West to take it off the shelf and bring it back, died for
lack af second
Jim Malone then asked if the Rules and Regulations of the Sales Tax
Ordin'3nce could be published by title only Mr Hayes answered "yes"
Motion by Mrs Ibbison to suspend the Rules and
for those matters on the agenda, seconded by Mrs
with Mr West and Mr FIasco voting No
go past 11 00 P m only
Worth, carried 4-2
CITY ATTORNEY'S MATTERS
John Hayes gave update on Public Service Contract
The Public Service Franchise Election shouli be held sometime in late
December or January
Goracke matter is at an eni
Currier lawsuit i~ still going on
Wheat Ridge ESTIP Ordinance will be publi~hed in National Law Review
New Code Books will be in effect June 1, 1989
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May 22,1989
Page -7-
Larry Merkl moved that all Commercial Ordin3nces from the LDR Task Force
not be brought to a Study Session, but come in on first reading,
seconded by Mr Flasco, carried 4-2 with Councilmembers Keller and Worth
voting no
Randy West wanted the citizens to know that the landscaping discussei at
a previous meeting pertained only to public right-of-way and did not
interfere with people's private yards
Doris Ibbison askei how Council wanted to bring in the matter of payment
for Crossing Guards for next year This has to be brought in to a
regular Council Meeting
Tony FIasco reported on the proposed make-up for the Air Quality
Council
He atteniei the National Association of Regional Councils Convention and
brought bac~ 3 number of pamphlets for people to look at
Motion by Mr West to adjourn, seconded by Mrs Ibbison
Meeting adjourned at 11 20 p m
~~
Clerk
Chri3ta Jones, 0
APPROVED BY COUNCIL ON JUNE 12, 1989 BY A VOTE OF
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Kent Davis, Council
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President