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HomeMy WebLinkAbout07/28/1986 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO July 28, 1986 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Kent Davis, Tony FIasco, Doris Ibbison, Rod Johnson, Larry Merkl, Moe Keller, Randy West, and Claudia Worth Also present City Clerk, Wanda Sang, City Administrator, Tom Palmer, City Attorney, John Hayes, Public Works 8irector, Ric Minetor, Director of Planning, Glen Gidley, Economic Development Manager, Rick Kirkwood, staff, and interested citizens APPROVAL OF MINUTES of July 14, 1986 Motion by Mr West for the approval of the Minutes of July 14, 1986, seconded by Mrs Worth, carried 8-0 CITIZENS' RIGHTS TO SPEAK Martha Shacklett, 3295 Simms, spoke in favor of the 100-year old cottonwood tree on 38th & Swadley, would like to see it remain, let it try to make it on its own, if not, let it die on its own John Bruse, 11525 W 38th Avenue, also wants the tree saved Susan Harper, 11300 W 38th Avenue, presented petitions asking that the historic cottonwood tree be preserved Burns Bratton, 7001 W 26th Avenue, addressed the construction on 26th Avenue, stated a water truck is needed more than twice a day John Cuthrall, 7003 W 25th Avenue, also spoke regarding the construction on 26th Avenue Kris Wright, 3582 Simms, presented petitions asking that the historic cottonwood tree be preserved Louise Turner, 11256 W 38th Avenue, spoke in favor of the cottonwood tree, does not like the proposed pink brick for the new development Claudia Callas, 8701 W 38th Avenue, presented petitions asking that the historic cottonwood tree be preserved Motion by Mr West to do what is necessary to preserve the cottonwood tree on 38th Avenue and to put grass in instead of pink brick Asked developer to sign development agreement for curb, gutter, and sidewalk money to be put in escrow until the time that City can put in the budget to redesign and reconstruct 38th Avenue, seconded by Mrs Worth Discussion followed Mr West called for the question, seconded by Mrs Worth, carried 6-2 with Councilmembers Davis and Merkl voting No Vote on original motion failed 4-4 with Councilmembers Ibbison, Davis, Merkl, and FIasco voting No CITY COUNCIL MINUTES July 28, 1986 Page -2- PROCLAMATIONS AND CEREMONIES Mayor Stites administered the Oath of Office to Jeanette Rossillon for the Civil Service Commission, and Willard Krieger for the Board of Adjustment. Mayor Stites presented proclamation for "National Night Out" to Chief Jaquay and Officer Lorenz LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for a Special Events Permit from the Muscular Dystrophy Association for the dispensing of 3 2% Beer on August 14, 1986 from 8 00 p m to 11 00 pm, August 15, 1986 from 4 00 p m to 11 00 pm, and August 16, 1986 from 12 00 ~ m to 11 30 p m at 38th and Youngfield Street (Carnation Festival) Robert Dowling, President of wheat Ridge Jaycees and Muscular Dystrophy Association, was present and answered questions Motion by Mr West to approve the Special Events Permit for the Muscular Dystrophy Association at the location of 38th & Youngfield, Wheat Ridge, to dispense 3 2% beer on 8/14/86 from 8 00 p m to 11 00 pm, 8/15/86 from 4 00 p m to 11 00 ~ m , and on 8/16/86 frOlll 12 00 noon to 11 30 pm, in the parking lot of 38th & Youngfield, seconded by Mrs Worth, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Council read by for the 8-0 I tern 3 Council Bill 253 - An Ordinance repealing and reenacting Sections 1-6,2-14 5, 2A-5, 3A-13, 5-29, 9-1, 9A-15, 11-11, 12-5, 13-8, 14-69(b), 18-58, and Section 32 of Appendix A, of the Code of Laws of the City of Wheat Ridge, all such sections relating to penalties, by extending the maximum possible period of imprisonment from ninety (90) days to one-hundred-eighty (180) days Bill 253 was introduced on second reading by Mr Johnson, title the Clerk, Ordinance No 676 assigned Motion by Mr Johnson approval of Ordinance No 676, seconded by Mr West, carried Council Bill 254 - An Ordinance amending the provIsIons of the Wheat Ridge Code of Laws relating to the parking of Major Vehicles, specifically Section 12-2 of the Code of Laws, and Sections 18 and 19 of Appendix A of the Code of Laws, to provide for an exemption from the provisions prohibiting parking of charter or tour buses or U-haul or similar rental trucks and/or rental trailers Council Bill 254 was introduced on second reading by Mrs Keller, title read by the Clerk Mr Gidley presented his views on the Ordinance and asked for Land Development Regulations Task Force to have a chance to review and asked for a continuance Motion by Mr Davis to table indefinitely, seconded by Mr Merkl CITY COUNCIL MINUTES July 28, 1986 Page -3- Sworn in by the Mayor were Marilyn Slifka, 6490 W 44th Avenue, representing the Chamber of Commerce, who asked that Glen's suggestion be taken to postpone Robert Updike, 12001 W 44th Avenue, general manager of the Tabor Lake Inn, who feels this ordinance is a restriction. It is private property and any damage would be to the owner G Hawks, 4700 Kipling, who was in favor of Mr Hayes' amendment Discussion followed Motion carried 8-0 Item 4 Council Bill 255 - An Ordinance vacating certain real property previously conveyed to the City for Street Purposes Council Bill 255 was introduced on second reading by Mr FIasco, title read by the Clerk, Ordinance No 677 assigned Motion by Mr FIasco for the approval of Ordinance 677, seconded by Mr Davis, carried 8-0 Item 5. Council Bill 258 - An Ordinance providing for the approval of rezoning from Agricultural-One, Residential-Two and Residential-One A to Hospital-One and Residential-One A on land located at 8900 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-86-13) (Richard Hampleman) Council Bill 258 was introducea on second reading by Mr Davis, title read by the Clerk, Ordinance No 678 assigned Mr. Gidley presented the case Sworn in by the Mayor was Joe Wechsler, Administrator Motion by Mr Davis that Ordinance 678 be approved for the following reasons 1 The request meets the intent of the Comprehensive Plan designation for the property 2 The rezoning would rectify a non-conforming situation 3 All Planned Building Group regulations have been met, seconded by Mr Johnson Discussion followed Mr West stated he will vote no, if 5% land dedication is not given Mrs Worth moved to amend the motion to have land dedication, seconded by Mr West, Failed 5-3 with Councilmembers Merkl, West, and Worth voting yes Vote on original motion carried 7-1 with Mr West voting No Item 6. Application by Warren Johnson for approval of Combined Preliminary and Final Development Plan and Plat on property zoned Planned Residential Development located at 11680 West 44th Avenue (Case No WZ-86-14) (Warren Johnson) Mr Gidley presented the case Sworn in by the Mayor was applicant Warren Johnson, 11680 W 44th Avenue, who presented his view of the development Motion by Mr Merkl that Case WZ-86-14 be approved for the following reasons 1 The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case 2 All requirements of Planned Residential Development and Subdivision Regulations have been met 3 The proposed plan varies from the outline plan only in that residential density is located totally on the southern portion CITY COUNCIL MINUTES July 28, 1986 Page -4- With the following conditions The number of units be 112 2 It be indicated on the development plan that uses on the retail building be limited to uses not requiring outside storage or display which displaces required landscaping or parking or in accordance with Exhibit "C" 3 Before BUilding Permit is issued all property problems must be solved by presenting to the City either a court decree quieting title to the applicant or a deed from the adjoining property owner, either to be approved by the City Attorney If land discrepancies are not solved at that time, alternate "B" will become the approved plan for building permit issuance, which provides for 106 units and plan A no longer is valid 4 $75 00 per unit in lieu of property dedication, seconded by Mr West, carried 8-0 Item 7 Application by Lee Architects for approval of an amendment to the Applewood Village Shopping Center Final Development as it relates to Citywide Bank at 12601 West 32nd Avenue (Case No WZ-86-15) (Lee Architects) Mr Gidley presented the case Sworn in by the Mayor were George T Sweeney, 12601 W 36th Avenue, and Blaine Grunerud, 7525 S Wadsworth Motion by Mr West that Case No WZ-86-15 be approved for the following reasons 1 The amendment provides more landscaping on the property 2 The amendment eliminates a dangerous traffic situation on 32nd Avenue 3 All outside agencies have no problems with the amendment, seconded by Mr Johnson, carried 8-0 ORDINANCES ON FIRST READING Item 8 Council Bill 259 - An Ordinance providing for the approval of rezoning from Agricultural-One to Commercial-One on land located at 10185 West 49th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-86-11) (Larry and Ramona Reed) Council Bill 259 was introduced by Mr Merkl on first reading, title read by Clerk, Motion by Mr Merkl that Council Bill 259 be approved on first reading, ordered published, public hearing be set for Monday, August 25, 1986 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 Davis, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 9. Motion by Mr FIasco to award the contract for the purchase of Lubrication System Equipment to be installed at Public Works Shops to Hydraulic Consulting in the total amount of their bid of $3,140 74 All costs to be charged to Account No 19-305-809, seconded by Mr West, carried 8-0 Item 10. Motion by Mr FIasco that the Public Works Department be authorized to install rumble strips on 44th Avenue east of Field Street for westbound traffic, seconded by Mr Johnson, carried 8-0 CITY COUNCIL MINUTES July 28, 1986 Page -5- Item 11 Motion by Mr FIasco that $2,700 be transferred from Account No 01-607-795 to 01-203-610 to proviae additional enforcement on 44th Avenue until September 1, seconded by Mrs Ibbison Discussion followed Mr Merkl will vote No on this if the officer will only be on 44th Avenue Motion carried 6-2 with Mr Merkl and Mr West voting No Item 12. Motion by Mr Merkl that the School Crossing Guard Program continue for the 1986-1987 school term and the School Crossing Guard Agreement be extended to the parent Teacher organization electing to participate, seconded by Mrs Worth Mr FIasco will vote no, because this is the responsibility of the school board Mr West feels that the taxpayers should not pay for private schools Motion carried 5-3 with Councilmembers Davis, West, and FIasco voting No Item 13 Discussion regarding Truck Permit Fees Street Committee will continue to monitor this Item 14 Discussion of Major Vehicle Ordinance Enforcement This item was not addressed since this will come back to Study Session Item 15. Motion by Mr FIasco that we accept the attached Quit Claim Deeds from right-of-way on 44th Avenue Schedule V, from Kipling to Parfet Street, seconded by Mr Merkl, carried 8-0 CITY ATTORNEY'S MATTERS John Hayes stated that the judge ruled that the sales use tax on the Garrison property was a priority and Wheat Ridge would be paid first On the 17th of July, County Court of Appeals decided a case, which is directly relevant to the Currier matter Mr Currier sued the City under six claims, one being, suing individual councilmembers for damages under mandamus County Court of Appeals, in a case where the identical claims were brought, 106 action, which was successful, remanded for a 10682 action, that's held, that once you have a 10684 action, you do not have a claim for damages, so your concerns about any individual damages being assessed against you, under circumstances in the Currier matter, I think was resolved in the City's and your favor on July 17 ELECTED OFFICIALS' MATTERS Mayor Stites stated that Jefferson County Emergency 911 telephone service authority board will hold a public hearing on August 14, 1986 at the Jefferson County Courthouse, to consider an increase in monthly 911 charges Anyone who is interested should be there CITY COUNCIL MINUTES July 28, 1986 Page -6- Randy West moved that on January 1, 1987, Planning Commissioners be paid $100 00 per month Motion died for lack of second Claudia Worth asked why they are digging up pink brick along 44th Avenue between Parfet and Tabor Answer was, it was not done correctly and is guaranteed work, so it is being re-done Motion by Mr Merkl to adjourn, seconded by Mrs Worth, carried 8-0 Meeting adjourned at 10 45 p m I d ' _ .i /J4l-b1.- ~.:! U-~~ Wanda Sang, City rlerk APPROVED BY CITY COUNCIL ON AUGUST 11, 1986 BY A VOTE OF 8 TO --..L_ ) __ /1 ! . '} '-"'---2 / ./--"- ...,.., Kent Davis, Council President