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HomeMy WebLinkAbout04/09/1990 April 9, 1990 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO The City Council Meeting was called to order by the Mayor at 7 30 p m CounciImewbers present Elise Brougham, Kent Davis, Don Eafanti, Phil Edwards, Tony FIasco, Larry Merkl, Ron SeIstad, and Bill Shanley Also present City Clerk, Wanoa Sang, City Administrator, ~;ike Smith, City Attorney, John Hayes, Public Works Director, Bob Goebel, Director of Planning & Development, Glen Gidley, Chief of Police, Jack Hurst, Director of Parks & Recreation, Gary Wardle, staff, and interested citizens APPROVAL OF MINUTES of March 26, 1990 Motion by Mr Eafanti for the approval of the Minutes of March 26, 1990, seconded by Mr ~;erkl, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Wilde read the Proclamation for "Victim Rights Week" - April 22 - April 28, 1990 into the record CITIZENS' RIGHTS TO SPEAK Heinz Silz, 15745 Highway 34, Ft Morgan, Colorado spoke regarding the Sales Tax Incentive Program Darrell Rishel, 3350 Hazel Place, Westminster, Director of Treatment Services for Arapahoe House, spoke regarding zoning hearing for the facility Jordan Mencher, 3595 Estes, addressed the marking of lanes at 1-70 and Kipling Street Mr SeIstad stated that there are a lot of people present to speak on Item 12 and that this Item be moved to be heard after Item 5 on the Agenda Motion by Mr SeIstad that Item 12 be hearo after Item 5, seconded by !vi r D a vis, car r i e d 8 - 0 LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for Transfer of Ownership of a Retail Liquor Store License from Mazhar Shah, dba Wilmore Liquors, 7777 W 38th Avenue, Wheat Ridge (continued from March 12, 19~U) Gregory Gerganoff, attorney representing the applicant, Mazhar Shah, and the applicant, Mazhar Shah, were present and sworn in by the !viayor Mr Gregory spoke in favor of the application and stated that after approval by Council, Ms Shah will acquire this business from her brother, Shawn Shah, and that his involvement with the business will CITY COUNCIL MINUTES April 9, 1990 Page -2- terminate completely, and Ms Shah will operate business as her own Motion by Mr Shanley to approve the Transfer ot Ownership of a Retail Liquor Store license for Mazhar Shah, dba ~ilmore Liquors, 7777 W 38th Avenue, Wheat Ridge, seconded by Mrs Brougha~, carried 8-0 Item 2 Application for a new Class T - Tavern Liquor License with extended hours, for Mansoor Shawn Shah, dba "Club Peaches", 7777 W 38th Avenue, #A11&, Wheat Ridge, Colorado Applicant Mansoor Shawn Shah, 84')0 Lamar Drive, was sworn in by the Mayor and answered the City Attorney and Council's questions Jordan Mencher, liquor surveyor for Street, was sworn in by the Mayor the citizens toward the granting of the City of Wheat Ridge, 3595 Estes He gave a report on the reactions of this license Motion by Mr Shanley for the approval of application for a new Class T - Tavern Liquor License with extended hours for Mansoor Shawn Shah, dba "Club Peaches", 7777 W 38th Avenue, #Al18, Wheat Ridge, Colorado for the following reasons (1) All applications and fees required by statute have been filed paid, (2) Notice of hearing and posting of the premises have been accomplished according to statutory requirements, (3) The applicant will be entitled to occupancy of the premises by virtue of a signed lease dated January 26, 1990, (4) The applicant has been cleared by the Police Department (5) The evidence adduced at the Public Hearing on April 9, 1990 established that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by petitions bearing 76 signatures in favor of issuance 9 signatures in opposition, and 15 signatures evidencing no opinion and that issuance of this license is consistent with the needs of the neighborhood under consideration, seconded by Mr Merkl, carried 8-0 CITY COUNCIL MINUTES April 9, 1990 Page -3- Item 3 Application for a new Class G - Hotel & Restaurant Liquor License, for ~i Cabana Inn, Ine , 7630 W 44th Avenue, Wheat Ridge, Colorado Attorney Al Cabral, 1100 Stout Street, and the applicants, Mr & Mrs Iniguez, 7630 W 44th Avenue, were present and sworn in by the Mayor Mr Cabral spoke in favor of the application Vern VOhoska, 1779 South DeFrame Street, spoke regarding the lack of parking space for this restaurant Jordan Mencher, liquor surveyor for the City of Wheat Ridge, 3595 Estes Street, gave a favorable report on the reaction of the neighborhood regarding this application Motion by Mr FIasco to approve the application for a new Class G _ Hotel & Restaurant Liquor License for Mi Cabana Inn, Inc , 7630 W 44th Avenue, Wheat Ridge, Colorado for the following reasons (1) All applications and fees required by statu~ have been filed and paid, (2) Notice of hearing and posting of the premises have been accomplished according to statutory requirements, (3) The applicant will be entitled to occupancy of the premises by virtue of a signed lease dated February 7, 1990, (4) The applicants have been cleared by the Police Department (5) The evidence adduced at the Public Hearing on April 9, 1990 established that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by petitions bearing 79 signatures in favor of issuance 6 signatures in opposition, ana 16 signatures evidencing no opinion Shanley and that issuance of this license is consistent with the needs of the neighborhood under consideration, seconded by Mr Motion by Mrs Brougham to amend that the applicant work in striping as many parking spaces as possible, and that sign be posted for "Parking in the rear", seconded by Mr 7-1 with Mr Shanley voting No with the owner a t-<ierkl, carried Original Motion with amendment carried 8-0 CITY COUNCIL MINUTES April 9, 1990 Page -4- Item 4 Council Bill 47 -An Ordinance providing for the approval of rezoning from Agricultural-One to Commercial-One on land located at 11790 W 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-b9-10) (Dennis L & Cheryl A Hoefer) Applicant asked that this case be continued until April 23, 1990 Motion by Mr MerkI to continue to April 23, 1990, seconded by Mr FIasco, carried 8-0 Item 5 Council Bill 48 - An Ordinance adopting all of the provisions of Chapter 26, Zoning and Develo):-ment, of the Code of Laws of the City of Wheat Ridge, assigning section numbers to each section thereof, and ordering all provisions cited herein to be codified Council Bill 48 was introduced by Mr MerkI, title read by the Clerk, Ordinance No 827 was assigned Motion by Mr MerkI for the adoption of Ordinance 827, seconded by Mr FIasco, carried 8-0 Item 12 Motion re Relocation of "Old Post Office" Jack Clark, 3590 Miller Street, Claudia Worth, 4650 Oak Street, and Dougal Graham 3330 Chase Stree~ were present and spoke in favor of the preservation of the old Post Office, and to have it moved to the Wheat Ridge Historical Park Valerie Helser, 11315 W 46th Avenue, spoke in favor of saving the Post Office, but that she and her neighbors were not in favor of adding another building to the Historical Park Motion by Mr SeIstad Project cost 1 Actual moving cost 2 Cost of excavation at new site 3 Cost of foundation at new site 4 Move of any obstructive utilities where it will be set down 5 Commemorative plaque on 38th Avenue I move that Wheat Ridge funo $10,000 of the project cost on the relocation of the old Post Office, with the condition that the Wheat Ridge Historical Society be responsible for raising the balance I further move that the hRHS be responsible for raising the funds necessary for the restoration/renovation of the building The City of CITY COUNCIL MINUTES April 9, 1990 Page -5- Wheat Ridge will be responsible for the ongoing insurance and mainte- nance since it will still be a City owned building I further move that the City be responsible for the advertising of the bid The structure must be off site by June 1, 1990 The City's contribution shall be charged on Account #30-301-873, seconded by Mrs Brougham, Mr Edwards made an amendment that Council would make the decision as to where this building would be located, and that several locations have been considered, seconded by Mr Eafanti, Mr Davis will vote against the motion and the amendment because the dollar amount was eliminated from the motion, the June 1,1990 deadline was eliminated from the motion, and if this holds up any project on 38th Avenue, he is against it Mr MerkI will vote No because he sees no community effort to save this building, this motion is different than last week's, parking lot must be completed prior to 38th Avenue project Amendment was accepted by motion maker and second Original Motion as amended failed 4-4 with CounciImerubers Brougham, Edwards, SeIstad and Shanley voting Yes Mayor wilde explained to the citizens that were present that the status of the building is that it will be demolished and d parking lot built Item 6 Resolution 1191 - supporting the planting of trees in the City of Wheat Ridge and the observance of Arbor Day/Earth Day 1990 Resolution 1191 was introduced by Mr Davis, title read by the Clerk Motion by Mr Davis for the adoption of Resolution 1191, seconded by Mr FIasco, carried 8-0 Item 7 Transfer of Funds for additional probation activities Motion by Mr MerkI that $3,500 be transferred from Account #01-109-799 to #01-109-640, and that the Mayor be authorized to sign the contract, seconded by Mr FIasco, carried 8-0 Item 8 Award of bid for 1990 City-Wide Clean-Up Program (RFB #90-14) Motion by Mr FIasco that the Program be awarded to Laidlaw bia of $4,000, seconded by Mr contract for the City-Wide Waste Systems, Inc in the Shanley, carried 8-0 Clean-up amount of their Item 9 Award of bid for Weed Mowing & Trash/Junk Removal Services (RFB #90-15) CITY CuUNCIL MINUTSS April 9, 1Y90 Page -6- Motion by Mr Shanley that the contract for the Weed Mowing & Trash/Junk Removal Services for 12 months (RFB #90-15) be awarded to Curt Blocker in an amount not to exceed $12,500 00 and all costs for this contract be charged to Account #01-123-718 I further move that the funds be encumbered for the length of the contract which expressly allows the expenditure of funds in 1991 for this contract in accordance with Ordinance 787, 1989 Series, seconded by Mr Edwards, carried 6-2 with Mrs brougham and Mr FIasco voting No Item 10 Award of bid for purchase of Forestry Body (RFB #90-18) Motion by Mr Eafanti that Kois Brothers be awarded the purchase of the Forestry body in the amount of their bid of $8,075, and that all costs be charged to Account #603-807, seconded by Mr Sdwards, carried 7-1 with Mr Davis voting No Item 11 Award of bid for purchase of One Ton Truck for Forestry (RFB #90-23) Motion by Mr Shanley that Phil Long Ford be awarded the purchase of a 1990 One Ton Truck with options for the amount of $14,227, and that all costs be charged to Account #603-807, seconded by Mr Edwards, carried 7-1 with Mr Davis voting No Item 13 Additional request from Senior Resource Center Motion by Mr Merkl that $2,000 be contributed to the Senior Resource Center to offset the increased cost of senior transportation services These funds shall come from Account #01-610-799, seconded by Mr Eafanti, Dana Bowling, Chairman of the Board of the Senior Resource Center, was present to speak on this item, and introduced fellow board members Mr John Zabawa gave reasons for the request for additional funds Mr Selstad asked to amend Mr $2,000 Mr Merkl and second Mr Edwards suggested another gasoline instead of diesel Merkl's motion to read $4,000 instead of accepted this as a friendly amendment amendment that these trucks be fueled with Motion carried 6-2 with Mr Davis and Mr FIasco voting No Item 14 ~heat Ridge High School Post Prom Party Fund Request Motion by Mr FIasco that $200 be contributed to wheat Ridge High School from Account #01-102-798 to hire police officers for the 1990 Post Prom party I further move that $200 be contributed to the Jefferson High School with funds taken from the same account, seconded by Mr Sdwards Judy Augspurger, 12675 Willow Lane, President of the Wheat Ridge High School PTA, spoke and asked for the same consideration as last year Motion carried 8-0 CITY COUNCIL MINUTES April 9, 1990 Page -7- Item 15 Council Goals/Targets Subject - Bus Benches Glen Gidley referred to Ordinance #710 and asked for Council input Discussion followed No action was taken Item 16 Discussion of HVAC System Project - Solar System Evaluation Motion by Mr FIasco that this item be placed on a future Study Session to give Council an opportunity to listen to the engineers and solar engineers working on this project, seconded by Mr Merkl, carried 8-0 CITY ADMINISTRATOR MATTERS Mike Smith presented the Quarterly Target Report CITY ATTORNEY'S MATTERS John Hayes stated that he had filed the reply brief in the Currier matter with the Court of Appeals today Mr Hayes referred to the article "Taxation Innovations Enhanced Sales Tax Incentive Programs" published in "The Urban Lawyer", and presented copy to the Mayor John Hayes referred to the zoning schedule for the Arapahoe House Motion by Mr Davis to expedite this hearing as recommended by the City Attorney and the Director of Community Development, seconded by Mr Merkl Mr FIasco added amendment that the neighborhood meeting be held before any first reading is held Motion maker and seCOnd accepted the friendly amendment Original motion with amendment carried 7-1 with Mr Selstad voting No Mr Hayes and Mr FIasco will attend meeting regarding zip codes At the City Attorney's request, Mr MerkI moved to hold an Executive Session under Section 5 7(b)(1)(A) and Section 5 7(b)(1)(B) 01 the Charter to discuss litigations, seconded by Mr FIasco, Mr Merkl added to the motion to suspend the Rules and go past 11 00 p m to complete the Agenda Motion carried 7-1 with Mr Davis voting No CITY COUNCIL MINUTES April 9, 1990 Page -8- EXECUTIVE SESSION WAS HELD Motion by Mr Merkl Merchant's Oil case carried 7-1 with Mr that the City Attorney be authorizea to settle the for a minimum of $8,000, seconded by Nr Shanley, SeIstad voting No ELECTED OFFICIALS' MATTERS hr Eafanti congratulated Mayor Wilde on his hospitality to the student musicians from our Sister City, Hsin Tien City, Taiwan hot ion by Mr Shanley to adjourn, seconded by Mr Davis, carried 7-1 with Mr SeIstad voting No Meeting adjourned at 11 50 p m , <( j _ c ,-t-j Wanda Sang, City<vJerk APPROVED BY CITY COUNCIL ON APRIL 23. 1990 BY A VOTE OF 8 TO 0 ~4..~ Kent Davis, Council President