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