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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 CITY COUNCIL MINUTES 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 CITY COUNCIL MINUTES 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 / /' : //~/: ~ / j-c Kent Davis, Council 7 TO 0 j President