HomeMy WebLinkAbout06/26/1989
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
June 26, 1989
The City Council Meeting was callei t@ order by the Mayor at 7 30 p m
Councilmembers present Kent Davi~, Tony FIasco, Doris Ibbi~on, Larry
Merkl, Moe Keller, Nancy Sn@w, Randy West, ani Claudia Worth Also
present City Clerk, Wanda Sang, City Administrator, Mike Smith, City
Attorney, John Hayes, Public Works Director, Bob Goebel, Director of
Planning & Development, Glen Giiley, Director of Parks and Recreation,
Richard Bredt, Chief of Police, Jack Hur~t, staff, and interested
citizens
APPROVAL OF MINUTES of June 12, 1989
Motion by Mrs
seconded by Mr
Ibbison for the approval of the Minutes of June 12, 1989,
Davis, carried 8-0
CITIZENS' RIGHTS TO SPEAK
Mary Bindner, 4490 S Reed Street, representing "Festival of the West",
invited everyone to come and gave out brochures
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1. Application for a new Class J-l - 3 2% Retail Beer License for
Q Superette Corporati~n, dba Q Superette #206, located at 3790
Wadsworth Blvd, Wheat Ridge, Colorado
Since the paperwork on this file had not been complete until Monday,
June 26, 1989 and the applicants were not present at the Council
Meeting, consensus was to have this hearing postponed until July 10,
1989
Motion by Mrs Ibbison to postpone Item 1 until July 10, 1989, seconded
by Mr West, carried 7-1 with Mr Flasco voting No
Item 2. Application for a new Class G - Hotel & Restaurant Liquor
License with extended hours, for Chili's Inc , dba Chili's
Grill & Bar, 3240 Youngfield Street, Wheat Riige, Colorad@
Robert Dill, 700 Speer Blvd Denver, attorney for Chili's Inc , and
Kelly Tynan, 601 Broadway, Denver, representing Chili's Inc , were
present and sworn in by the Mayor They spoke in favor of granting this
license and answered Council's questions
Motion by Mr West to approve the application for a new Class G - Hotel
& Restaurant Liquor License for Chili's Inc , dba Chili's Grill & Bar,
3240 Young field Street, Wheat Riige, for the following reasons
CITY COUNCIL MINUTES
June 26, 1989
Page -2-
(1) All applications ani fees required by statute have been filed and
paid,
(2) Notice of hearing and posting of the premises have been
accomplished accorjing to statutory requirements,
(3) The applicant will be entitled to occupancy of the premises by
virtue ef a signei lease dated April 11, 1989
(4) The Officers of the Corporation have been cleared by the rBI and
FBI
(5) The evidence adiucei at the Public Hearing on June 26, 1989
established that the desires of the residents of the neighborhood under
consideration are for granting this license, as eviienced by the prior
issuance of a Hotel & Restaurant Liquor License at this same location,
seconded by Mrs Keller, carried 7-1 with Mr FIasco voting no Mr
Flasco feels that the needs of the neighborhood were not established
this time, they could have changei from last time
Item 3.
Application for a new Class J-l - 3 2% Retail Beer
Raindrops, Inc , dba Convenience Plus #202, 9491 W
Avenue, Unit 108, Wheat Rijge, Colorado
License from
44th
Motion by Mr West that they neighborhood be set at a 1-mile radius,
that a survey to establish the needs and desires of the neighborhood be
taken, and that the public hearing on this application be held on July
24, 1989, seconded by Mrs Keller, carried 8-0
ORDINANCES ON FIRST READING
Item 4. Council Bill 19 - An Ordinance amending various sections of the
Code of Laws of the City of Wheat Ridge (1989) to allow civil
enforcement in the Wheat Riibe Municipal Court for the Building
Code, the Nuisance Ordinance, the Flood Plain Orjinance, the
Sign Code, the Subiivision Regulations, and the Zoning
Ordinance
Council Bill 19 was introduced by Mr Davis on first reading, title
read by Clerk Motion by Mr Davis that Council Bill 19 be approved on
first reading, ordered publishei, public hearing be set for Monday,
July 10, 1989 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect 15 days after final
publication, seconded by Mr West, carried 8-0
Item 5. Council Bill 20 - An Ordinance repealing and reenacting various
sections of Appenjix A, Zoning Oriinance, of the Code of Laws
of the City of Wheat Riige, relating to Commercial and
Industrial Districts
Council Bill 20 was introduced by Mr Merkl on first reading, title
read by Clerk Motion by Mr Merkl that Council Bill 20 be approved on
first reading, ordered published, public hearing be set for Monday,
July 24, 1989 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reaiing, take effect 1 day after final
publication, seconied by Mrs Worth, carried 7-1 with Mrs Snow voting
No She feels a Study Session should be held on this first
CITY CUUNCIL MfNUTES
June 26, 1989
Page -3-
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 6. Motion by Mr West that the City of Wheat Rijge Joint Venture
with the City of Lakewood the Chester Portsmouth Bridge Access Project
and that 50% or up to $10,000 from Acct No 32-601-862, Wheat Rijge's
attributable share of the Jeffco Open Space Fund, be used to fund this
project, seconded by Mrs Keller Discussion followed
Motion carried 7-1 with Mr. Davis voting no
Item 7. Motion that $25,636 85 be transferred from Acct No
30-607-795, Capital Unallocated, into Acct No 30-303-851, for
final payment to the State 0f Colorado for the FAUS 44th Avenue
Tabor to Young field Reconstruction Project
Mr Goebel requested that this item be postponed Motion by Mr
Merkl that Item 7 be postponed indefinitely, seconded by Mrs Keller,
carried 8-0
Item 8. Motion by Mrs Keller that an additional $9,245 00 be
authorizei to spend as Force Account to cover clean-up costs of
the underground fuel storage tanks, to be paij from Acct No
30-305-812, seconied by Mrs Worth Discussion followed
Mr Merkl called for the question, seconied by Mrs Keller, carried 8-0
Original Motion carried 8-0
Item 9. Consent Agenda
A Resolution No 1153 - authorizing the Mayor to sign the
Intergovernmental Agreement entitled request for payment and
certification of use of funds for Paramount Park construction
B Motion that the City of Wheat Ridge join with the Coors
Company and purchase the signs for the amount of $4,200 from
Acct No 32-601-862
C Motion that $12,373 56 be transferred from Acct No
30-607-795, Capital Unallocated, to Acct No 30-303-851 for
payment to the State of Colorado as reimbursement for
over-payment on the Young field Bridge over Clear Creek Project
o Motion that $6,000 be transferred from the General Fund
Contingency Resefve Account (#01-607-794) to the City Attorney
Outside Personal Services Account (#01-107-640) for Paul Godec,
City Prosecuting Attorney, an additional 1 1/2 court sessions
each month, and $6,000 be transferred from the Contingency
Reserve Account (#01-607-794) to Municipal Court Temporary
Personnel Account (#01-109-619) fOf the Municipal Judge an
additional 1 1/2 court sessions each month
CITY COUNCIL MINUTES
June 24, 1989
Page -4-
E Motion that the contract for Appraisal Services be awarded
to James Real Estate Services in the amount of their proposal of
$14,300 ani that the Mayor be authorized to ~ign the agreement
on behalf of the City
Further W$ve that a contingency fund of $1,430 be e~tablished
ani the Director ~f Public Works be authorized to authorize
expenditures of funds up to a tot'31 contract cost of $15,730
with all costs ass0ciatei with this contract be taken fr@m Acct
No 30-303-850
Mr FIasco requested that Items B, D, E be pulled
Motion by Mr West to approve Items A ani ~ seconded by Mr Merkl,
carried 8-0
B Mr FIasco askei for clarification frDm Mr Bredt Mrs Snow
requested that "Wheat Ridge" be spelled correctly on the signs
Discussion followed
Motion by Mr West f~r ~pproval with the addition that Wheat Riige logo
be the ~ame ~ize or larger than anything else on the sign, seconded by
Mrs Worth, carried 8-0
D Mr FlascQ asked for clarification from Mr Hayes and Mr Smith
Motion by Mrs Snow for approval, secondei by Mr West, carried 8-0
E Motion by Mr Merkl for approval, seconied by Mr Davis
Mr FIasco askei why the low bid was not taken Mr Goebel replied that
the low bidder had never ione this type of work before and was not
familiar with federal appraisal services
Motion failed 3-5 with Councilmembers Ibbison, Davis, and Merkl voting
yes
Motion by Mr FIasco that the contract for appraisal services be awarded
to Kagy Real Estate Services in the amount of their proposal of $5,200
and that the Mayor b~ authorized to sign the agreement on behalf of the
City I further move that a contingency fund of 10% be established and
the Director of Public Works be authorized to authorize expenditure of
funds up to the total contract cost, with all costs associated with this
contract be taken from Acct No 30-303-850, seconded by Mr Davis,
carried 6-2 with Councilmembers Keller and Worth voting No
CITY ADMINISTRATOR MATTERS
Mike Smith will be vacationing on July 10 and Glen Giiley will be the
acting administrator
CITY ATTORNEY'S MATTERS
John Hayes referred to his letter to Gerald Caplan and the attachei
Resolution and asked if Council wouli like to have this Resolution
brought in for the next Council Meeting
CITY COUNCIL MINUTES
June 26, 1989
Page -5-
He addressei the Public Service Fr3nchise negotiations discussed at CML
Consensus wa~ that it was better that each City go it 31one. He asked
if Council weuld like to jiscuss this at Executive Session
He brought Council up-to-date on the US West matter and aSsured Council
that the City would have to pay no more than our original retainer
Motion by Mr FIasco that we forego $11b2 and put that into the attorney
fees and expert witness fees, seconded by Mrs Keller, carried 6-2 with
Mr West anj Mr Merkl voting No
Mr Hayes askei for Council clarification reg3rding liquor surveys
Motion by Mrs Snow that we do not conduct a survey if a license of the
same kinj is requeste1, but that we do coniuct a survey if a different
class license is requested, secondei by Mr Merkl, carried 7-1 with Mr
FIasco voting no
Mr Hayes referred to two confidential memos he had sent to Council, ~ne
regar,1ing Open Sp3ce acquisition, one regariing two cases of ongoing
li tigation
Motion by Mr Merkl to holi an EXECUTIVE SESSION regarding these matters
under Seetion 5 7(b)(1) of the Charter, seconded by Mrs Keller, carried
7-1 with Mr FIasco voting No
ELECTED OFFICIALS' MATTERS
Claudia Worth stated that after discussing Ordinance 796 with Mr Gidley
and Mr Prose, she woulj like to make the following motion.
That Orjinance 796 be reconsidered to make the following ameniments
1 That in the R-l and A-l districts, the rear yard setback for "one
family dwellings", "group homes", and "all other uses" 3S enumerated in
the Development and Use Regulations table be revised to 15 feet
2 That in the R-1A, B, C, R-2, R-2A, R-3 and R-3A districts rear yaris
be revised in the Development and Use Regulations table as follows
a "One and two family dwellings", "group homes" and "all other uses"
rear yard setback be revised to 10 feet
b F@r "multifamily dwellings" in the R-2A, R-3 and R-3A districts, the
rear yard setback shall be 10 feet plus 5 feet for every story over two
stories,
seconded by Mrs Keller
Mrs Snow asked for a friendly amendment to add that "no structures
currently in existence at this time will be made non-conforming by
reason of this amen1ment" Mrs worth and second accepted this
Mrs Worth changed the amendment to read that "the intent of Council
will be renumerated in Section 25",
M~tion carried 6-2 with Mr F13sco and Mrs Ibbison voting No
Mrs Ibbison is concerned about creating non-conforming houses in this
City and the potential for complicating the lives of people by
something that we are doing here If it comes in and is absolutely
clear that it will not create problems for people whose homes were
destroyed for one reason or another she will reconsider at that time
CITY COUNCIL MINUTES
June 26, 1989
Page -6-
ELECTED OFFICIALS' MATTERS
Larry Merkl askei that an Ordinance be brought in regulating the hours
of trash pick-up in the City
Motion by Mr West that we send thi~ to the Public Works Advisory
Committee to do research on it, seconded by Mrs Snow, failed 4-4 with
Councilmembers Snow, West, FIasco, and Keller voting yes
Motion by Mrs Worth that the Council ask the Mayor to appoint a
committee made up of equal representation from all iistricts, busines~,
citizens, with 2 Council representatives, to come up with a solution to
the franchising and recycling, time, and all the other problems
discussed tonight, and bring a report back to Council within six months,
secondei by Mr Merkl, failed 4-4 with Councilmembers Keller, Merkl,
Worth, and Ibbison voting yes
Motion by Mr Merkl that we send to the Public Works Advisory Committee
for study an Ordinance on the hours of pick-up of trash in this City,
seconded by Mrs Snow, carried 7-1 with Mrs Worth v~ting no
Motion by Mr West to adjourn to Executive Sessi~n, seconded by Mr
Merkl, failed 3-5 with Councilmembers FIasco, West, and Merkl voting
yes
Kent Davis asked Mr Smith when we have contractors working for the City
do we check their work and how they dispose of their materials
Mr Goebel replied we iii
Doris Ibbison stated she had received mailings from the State
Treasurer's Uffice about an upcoming conference, ~he encouraged everyone
to go
Nancy Snow asked if we had agreed on provisions about trash containers,
Mr Gidley replied it would be coming in for first reading within the
next couple of months and that her concerns would be addressed
Motion by Mrs Snow to adjourn after the Executive Session, seconded by
Mr Davis, carried 7-1 with Mr West voting No
EXECUTIVE SESSION WAS HELD
Meeting adjourned at 10 25 p m
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Wa~d~ "S~~~;-' C i ty-'derk
APPROVED BY CITY CUUNCIL ON JULY 10, 1989 BY A VOTE OF
8
TO 0
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Kent Davis,
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Council Presid':Ont