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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 1 , / J.('1 Wa~d~ "S~~~;-' C i ty-'derk APPROVED BY CITY CUUNCIL ON JULY 10, 1989 BY A VOTE OF 8 TO 0 / / ! I c ,. \ J-~-€: t Kent Davis, / --L<- L. / Council Presid':Ont