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Home My WebLink About05/19/1980 CIrf Ot,mEAl' IUOGL, LOLOF..AOO --- CLey LOLJULIL i"iI1JU'-L'E~ 'jay l~l%O rhe ~ay l~, 19GU Regular ~ity Louncil Meetiny was convened l1Y dayor Stites at 7 30 P III Louncil1Gembers present Pat Aiello, dill Bowman, Mary Jo lavarra (arrived 7 35 pm), ~ent Davis, Ken Lewis, Larry Merkl, Kay Ore, and Louise l'urner Also present Deputy City LlerK, Faye Greene; lity I\dmullstrator, Tom Palmer; City Attorney, John Ilayes; City freasurer, James MaIone; Department Heads Richard Bredt; Hugh Brown, and Charles Stromberg; staff; and interested citizens APPRUVAL Uv MINUTES Motion by Mr Davis to approve the Minutes of the Meeting of May 12, 1980; seconded by Mr Bowman; carried 7-0 PUBLIC LUHi1t.N'1' l'here was no one present to speak under Public Lomment l-'UBLIL dt,A}{Ii~GS AlJD URDINA1KES UlJ SLCLJi\ii) RJc,ADIJG I tern 1 Council HilI No 14 - An urdinance hepealinq and Reenacting sections ot Lhapter 21 of the lode ot ttle City of 'dheat kidge pertaining to faxes on Retail Sales (Postponed from Meeting of 4/28/80) Louncil Bil1 No 14 was introduced on second readinn oy Mr Davis and the title read by the Deputy Clerk Motion by Mr Davis that Council Bill ~o 14 be approved on second readin3, ordered published, and be assigned Ordinance No 4U4; seconded by Mr ['Ierkl I'Iotion to amend by Hr ,jo"man by adding to Section 4 1 as follows ;eJection 4 1, Subsection (i) (6) of Section 21 S of the LoJe of Laws of the Lity of 0heat kidge is hereby repealed and reenacted as follows (6) All sales by churches, clubs, lodges, parent-teacher organizations or other religious, charitable or eleemosynary organizations chartered oy the State of Colorado as a non-protit corporation, provided that such sales are conducted for a period not to exceed ~ days during any calendar year and that all funds derived from such sales are used tor the activities of the organization conducting the sale seconded by Mr Aiello Failed Motion to amend the amendment by Mrs Ore by changing the wordin~ to read "for a period not to exceed 5 days"; seconded oy Mr Mer~l; failed ~-b, witn Councilmembers Cavarra, Bowman, Davis, Aiello, Lewis and ~urner voting No Amendment as ori~inal1y stated carried 5-3, with Louncilmemoers Davis, r'1erKl, and Turner voting !Jo, for the tollowing reasons Our laws should be consistent with State laws, in that all SUCh organizations have the option of paying tax on materials as they get them prior to sale or paying directly to the State; there are other ways this tax can be paid; these organizations should not be exempt i1otion to amend by Hr Bowman to accept Attorney hayes technical corrections as fol1ows oection L 21-2 -by addition- first line should read "It shall be unla"ful for any person to engage in the business uf retail sales within the Lity", etc LlfY L0UNLIL MIJU~E~ [Jjay 1~, 1980 Page -2- ~ection 4 (h) -by sentence structure change- second line from bottom should read "a price of more than tnirty cents in the coin-operated vending machines", etc ~ection 11 (b)(2) -by deletion- should read "fhe soliciting, by salesmen, representatives or agents of business from persons residing in the City and by reason thereof, receiving orders therefrom" ~econded by Irs Cavarra; carried 8-u Discussion fol10wed regarding definition of "retail sales" vs "non commercial" sales ventures, and the necessity for this lengthy ordinance 'lotion by Nr Lewis to amend ~ection 21-18 (d) (middle of paragraph), as stated by City Attorney Hayes, by addition, as tollows " ,and shall appoint as the hearing otficer any gualified person who has education or experience in tax administration matters and who can render a proper decision " ~econded by Mrs Turner; carried 8-0 Ori3inal Motion as amended carried 6-2, with Mr Lewis and Mrs Ure voting No 0~DINANCES ON FI~ST READING Item 2 Louncil Bill No 17 - An Ordinance providing for the approval at kezoninq trom Agricultural Two (A-2) and Restricted Commercial (R-C) to Commercial One (L-l) tor land located at approximately Southeast Corner of West 44th Avenue and xenon street, City of Wheat Ridge, Lounty of Jefferson, State of Colorado (Case No WZ-80-1, Deorio) (Appeal on denial of Planning Commission) Council Bill No 17 was introduced by Nr Aiello and the ti tle read by the Deputy Clerk Hobon-by ~lr-Aiell() that Louncil Bill No 17 be approved on first reading and ordered published; that a Public Hearing be set for Monday, June ~, 198U at 7 30 P m in the City Louncil Chambers, Municipal Building, ann that, if approved on second reading, take ettect 15 days after final publication; seconded by Mr Lewis Discussion fol10wed regarding Planning Commission denials and appeals to Council Motion carried 5-3 with Louncilmembers Cavarra, Merkl and Turner voting NO Item 3 Council Bill No 18 - An Ordinance amending the Lode of the City of Wheat Ridqe, Colorado, by Coditying Ordinances Number 334 through 379 of the Lity ot Wheat Ridge, and Incorporating said Urd inances in to tne Code of the City of lihea t ~idge, Lolorado Louncil dill No 18 was introduced bv Mr Lewis and the title read by the Deputy ClerK Motion by Mr Lewis that Louncil 8ill No 18 be approved on first reading and ordered published; that a Public Hearing be set for Monday, June 9, 1980 at 7 30 P m in Lity Louncil chambers, Municipal Building, and that, if approved on second reading, taKe etfect IS days after final publication; seconded by Mr Davis; carried 8-0 CI~~ LuUNLIL MI~U~C~ '1ay 19, l~tiU paqe -3- Item 4 Louncil 8ill No 19 - \n Urdinance delegating the uuty and Authority to tne Lity LlerK of the ~ity ot ~heat hidge to provide for and to accomplish the continuing administrative codificatiJn at the duly enacted urdinances 01 toe Lity ot ~heat kidge Louncil 8il1 iJo 19 was introduced ,JY Irs l'urner and tile title read by the Deputy ClerK i'lotion DY ,Irs l'urner that L-ouncil dill No l':i be approved 01\ first reading and ordered publisned; that a Public Hearing be set for 'londay, June '), 19~0, at 7 3u p m in City Council Cham0ers, lunicipal Building, and that, it approved on second rearling, tahe ertect IS days after final puclication; seconued 0'1 Wr Aiellu; carried 8-0 lJ!:',-I~IUrJ::', l'li:,::'ULU''cIU,JS, Aim L"lU~ IO.b Item S A ,lotion to hol'1 !:'xecutive ::,ession to discuss aptJraisals on V,:.m Hooser, J,,:nsen, JielburQ, and dlevins properties Motion by Mr Merkl to hold an Lxecutive Session to discuss appraisals on the above named properties; seconded by Mr Aiello; (Pir Bowman and rlrs Ore reiterated tnat they will not attend Executive Sessions until they get the proper rules wito censure rights); carried 5-3, with Louncilmembers Buwman, Le~is, and Ore voting No Lxecutlve Session \vas held Item 5 5 Motion to adopt Resolutions ~o b~6 through 702 and authorize the Mayor to sign Agreement between the City ot ~heat I'lidge and ~lary V Blevins rlr Merkl questioned whether Councilmembers should abstain fror:l voting on this i tern it they owned property on Lena Gulch rlayor btites asked it anyone on Louncil owned SUCh property Ors ~urnet stated she owned property nowhere near this Schedule anrl aSKed Attorney Hayes' opinion fIr 11ayes read Lharter provision 4 10 (L-ontlict at interests) Irs furner stated she wished to continue on this matter atter Dein] aSKed it she desired to do so by the Mayor ~rs Lavarra introduced Resolutions-- bSb - Authorizing the Mayor to sign a Purchase ~ontract, purchase suoject to tinal Council approval, tor portions ot property located at 410U-4154 ~iplin] Street in ~heat Ridge, also known as the Van Hooser prJflerty; b97 - Authorizing the Neqotiation and Acquisition ot the property 10cated at the bouthwest Lorner OL qest 41st ,",venue and Kipling ~treet in dheat 1-'i'1ge, also known as the Jensen property; 7UO - Authurizing the acquisition ot a temporary construction easement 10cate'1 011 the pro[Jerty at the ~ortheast corner of West 39th Avenue and Kiplinq btreet, also known as the U21bur~ property; 7ul - Authorizing the iayor to sign a Contract and street Vacation Applicatio~ with Mary V 81evins in connection with the donation of property 10cated at 3S75 ~ipling Street in Wheat Ridge, anJ Aqreement between tne Lity ot II/heat pirige an::l Maty V t::\levins, and 102 - t\uthutizing t,1e negotiation and acquisition of the \/el1er propert{ 10cated at lulu5 West 3bth Avenue in it,heat Ridqe fhe titles were read oy tne Deputy ~avarra that hesolutions 6')6, 6~7, approved as read; seconded OJ MtS L-ler;~ dation oy i'lrs 70U, 701 and 702, De Turner; carried a-o LI~Y COUNCIL MINUTLS Glay 19, 1980 Page -4- Mr Merkl introduced Uesolutions-- 698 - Authorizing an Agreement between the City and the 1{-1 School Board Concerning the Lena Gulch Project; and b99 - Authorizing the conveyance of land at Everitt Junior High School from the city to the Denver Water Board Ehe titles were read by the Deputy City Cler~ Motion by Mr Merkl to adopt Resolutions No 698 and 699; seconded by Mr Aiello Mr Stromberg showed transparencies and offered information regarding the Everitt Jr High propertJ immediatly south ot Van Hooser on the east side of Kipling Motion carried 7-1, witn Mr Lewis voting No Item 6 Consent Aqenda A Authorize Mayor to sign Agreement No 80-5 5 entitled Agreement tor Engineering Services for Lena Gulch; and Agreement No 77-3 3 entitled Agreement regarding Construction Improvements on Lena Gulch in Wheat Ridge t3 Award of Bid for painting the Anderson 13uilding o '- Award of Bid for Marion Blue Grass Sod for Swimming Pool area D Resolution No 703 - Adopting Agreement with Jefferson County Housing Auhtority for the Purchase of Existing Residential Dispersed Units (Agrement with Jefferson County Housing Authority appproved by motion 5/6/80) t: Cancellation of Council Meeting of May 26, 198U (Memorial Day holiday) Hrs read Items oy !'1r Cavarra introduced Resolution No 703 and the title was Motion by Mrs Cavarra to approve Consent Agenda B, C, 0, and E, as described in the Agenda; seconded Aiel10; carried 8-0 Discussion was held on Agenda Item 6-A, regarding additional monies for hn]ineering Services Motion by Mr Aiello that the 1ayor be authorized to sign the Agreements entitled 'Amendment I to Agreement for Engineering 0ervices for Lena GUlCh (No 80-5 5); and 'Amendment III to Agreement (No 77-3 3) regarding ~onstruction Improvements on Lena Gulch in Wheat Ridge' (Agreement No 80-5 6); seconded by Mr bowman; carried 5-3, with Mr Davis, Mr Lewis and Mrs 0re voting No, Mr Lewis stating he felt they were aSking for additional money, but not ~etting the job accomplished MAYOR'S MAI'TERS Hayor Stites remarked that it "has been a very delightful evening" cpry ADMINISrRATOR' S r1ATTEl<0 Mr Palmer passed out a memo relating to drainage problems of last week Work on 44th and Ingalls is nearly complete Trash pickup for Saturday was not completed because of rain, and has been rescheduled for rhursday of this week There is a POSSibility at obtaining a siren from the Fire Department for Lena Gulch Warning System Work is being done on Eaton Street CIry COUNCIL MI~UTES iVJay 19, 1980 Page -5- LIEY AETOkN~Y'S MATTERS VJr Hayes would like some input on the memorandum regarding Executive Session Procedures which he passed around this evening LOUNLILMEMB~RS' MATTERS Mr Merkl stated he (1) wants a Community Development Meeting; Mrs Ore to calI the meeting; (2) wants sweepers back on the streets; (3) complimented staff on removal of "yellow flowers" 1'1otion by Mrs Ore to bring Tabled schedule IV of Lena Gulch back and put it on the June 9 Agenda; seconded by Mr Bowman; carried 8-0 Hr Aiello would like to discuss Council Executive Session Procedures at study Session Mayor Stites said that the article regarding streets being left in poor condition this summer is not true and wheat Rijge is not cutting their street program back as mentioned on Channel 7 News ADJOURNL'lE1H The meeting adjourned at 10 20 P m .~~ (/ ( --r- --; j / / .. (.....--f~ 'L- ~,-,~/~." Faye Gteene, Deputy City Clerk fg; chj; APPROVED