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Home My WebLink About03/09/1987 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO March 9, 1987 The City Council keeting was callea to order by the Mayor at 7 30 p m Councilmembers present Kent Davl~, Loris Ibbison, R0u Johnson, Larry Merkl, Moe heller, Hanay ~est, ana Clauuia ~orth Tony Flasno arrivea at 8 00 p m Also present Clty Clerk, ~anua ~anb, City Aaministrator, ToriJ Palmer, City Attorney, John hayes, FubllC j,,::Jrks Director, Ric Minetor, Director of Planning, Glen GiQ~ey, and interesteo citizens APPROVAL UF MINUTES of February ~3, 1987 Motion by hrs Worth for the approval of the Minutes of February ~3, 1987, seconaea by Mrs lbbison, narried 7-0 PRUCLAMATIONS AND CEREMONIES Mayor Stites ad~inistered the Oath of Office to Florentine L Healey, Arborist board, and Joseph R Asher, Animal Control Commission Associated Lanasnape Contractors of Colorado presented the 1986 Environmental Improvement Award for Waosworth Town Center Park to Mr Sabell, Wheat Ridge Urban Renewal Authority and City of Wheat Ridge CITIZENS' RIGHTS 10 SPEAK ~----- Paul Faris, 109b8 Elm Drive, Thornton, thanked Council for purchase of Paygol-Clvin!S lr,achine Geoq,e Langdon, 3570 I'iiller Street, thoucht the process of selection of citizens for Soaros ana Cn~missions was aeplorable .!::ougal Grahall" j330 Chase Street, spoke to the "Love Your Library Month", and !Save a general synopsis on the activities of the library LOCAL LI~UOR LICENSING AUTHORITY MATTERS I tell, 1 Application by Circle K Convenience Stores, Inc to moaify the premises and change the traae nawe for the Circle K Convenienne Store at 9979-9999 W 38th Avenue Mike beasecker, 1127 ~ Tejon, Denver, representing Circle K, was yresent Motion by I'lr West to aJ.-f)rove the request froru Circle K Convenience Stores, Inc to moaify the prewises as outlined in their plans, and change the trade name for the Cirnle K Convenience Store at 9979-9999 W 38th Avenue The Store is currently named Circle K Store IIDN~:" the new narlle will be Circle K Store 111988, seconded by Mrs Worth, carried 7-0 CITY COUNCIL MINUTES har<'h 9 , 1987 Page -2- l.terll 2_ Renewal Al--ylication f'"lr Port For-ty Four, Inc , 4440 Vlaro lOad Motion by Mr Merkl to approve the renew~l ~pplication f~r Port Forty Four, Inc , 4400 wara Road, and authorize the Mayor to sign the renewal application, secondea by Mr Davis, <'arried 7-0 Item-1_ Hearing Dates for Liquor Code ViolatiClns Motion by Mr Johnson to hear the alleged Liquor Coae Vi~lation f~r ~unaance west, 10050 ~orth 1-70 Service Roaa, on March 2j, 19b( at 6 30 p ~ and the alleged Liquor Coae Violation for wheaL Riage Lanes, b595 W 3dth Avenue, Cln April 13, 1~b7 at b 30 pm, seconaed by Mr Davis, carrieu (-0 PUBLIC HEARING~ AND ORDINANCES ON SECOND READING IterrJ-1_ Council bill <'94 - An urainance proviuing for the approval of a revised Outline Development Plan and Fin~l Plan and Plat on land located at 4020 and 4084 Wadsworth Blvd , City of Wheat Ridge, County of Jefferson, State ~f Colorado (Case No WZ-8b-24) (Rodger Barsch ana Ranoolph Currier) Continued from February 9, 1987 Mr fox, attorney representing Rooger Barsch, asked for continuance to April 13, 1987 Applicant Rodger Barsch was sworn in by the Mayor He stated they have entered into a new ventureship with Supreme Real Estate Enterprises, Inc Motion by Mr- Johnson to continue until April 13, 1987, seconded by Mrs Kelle~, carried 7-0 Item 5 Request by Circle K Corporation for approval of a two-lot Minor Suboivision for property located at the northeast <'orner of Kipling and hest 38th Avenue (Case No MS-86-7) Mr Gialey presenteo the case ~worn in by the Mayor were David w Gallow~, 12445 E 39 th Avenue, ana Mike Seasecker, 1127 ~ Tejon, Denver Motion by Mr Johnson that Case No MS-86-7 be approved for the following reasons 1 Staff anu Planning Commission recommend app rov al 2 All req u i relllen ts of the Suba i vis ion Reg ulat ions have been met with the following condition That tie improvements on the entire frontage of Kiplinb be requirea for construction at the time of issuance of the first builaing permit for either of the lots, seconaed by Mr West Mr Flas<'o askea to abstain, because he dia not hear all of the testimony Motion carr-ieO 7-0 with Mr FIasco ab~taining CITY COUNCIL MINUTES March 9, 1987 Page -3- Item 6. Council bill 296 - An Ordinance proviaing f~r the approval of a Sperial Use Permit to allow gasoline sales on lana located at the Northeast corner of Kipling ana West 3bth Avenue, City of ~heat Ridge, County ~f Jefferson, ~tate of Colorado (Case NO SUP-66-cO) (Circle K Corporation) Council Bill 296 was introduced on second reBainb ~y ~r Johnson, title read by the Clerk, Ordinance No 714 assigneo hr Gidley presented the case Mr Galloway Mr Beasecker answered 4Uestions of Council Motion by Mr Johnson that Council Bill 29b (urainance 714) be approveo for the following reasons 1 Staff ana Planning Co~mission recowmena a~proval ~ Ap~ro~riate butferinb to the adjacent residen0.e has been provideo 3 The land use is compatible with the uses to the north, south and west hith the following condition The applicant must receive a varianre from the board of Aajustment for gas island ranopy setbarks, secondea by Mr hest, carried 8-0 ORDINANCES UN FIRST READING Item 7. Council Bill 297 - An Orainance providin6 for the approval of rezoning from Agricultural-One to Residential-One and Residential Two-A on land located at 4~UO Miller Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-66-25) (Bertha Keeney) Counril Bill 297 was intrOduced by Mrs Worth on first reading, title read by Clerk, Motion by Mrs Worth that Council Bill 297 be approved on first reading, ordered published, public hearing be set for Monday, April 13, 19&7 at 7 30 p m in City Council Chambers, Municipal Eldg , and if approved on second reading, take effect 15 days after final publiration, seronded by Mr West, rarried 8-0 DHISIUNS~ESOLlJTIONS, ANL MUTIONS Item 8 Contract Services for PrObation Ufficer --- Motion ~y Mr Merkl that $1,2UO be transferred from Account No 01-607-795 (General Fund Unallocateci) to 01-109-619 (Contractual TellJpOrary Personnel), that $1,637 be transferred from Ul-607-795 (General Funo Unallocated) to 01-109-617 (City Temporary Personnel) ana that $118 be transferred from 01-6U7-79~ (General Funa Unallocated) to o 1 - 1 09- b 2 0 (F I C A), s e con d e d by I'Jr S lI. e II e r, ear r i eo 0 - 0 I'lotion ~y I'lr herkl that we approve the eon tract for servires providea by the Dirertor of Probation for the buaget year 1~87 to expire 12/51/87, subject to renewal, seeonded by Mrs Keller, earrieo 8-0 Councilmembers Merkl and Davis adaressed the many errors in budget CITY COUNCIL MINUTt~ harcl) 9, 19b7 Page -4- Item-L. Resolution UO 1024 - urt!,ing the Colo'^ado Uerted Representatives and Senators to ()p~ose legislation regarding mandatory State Base or State Collertion of Local Sales Tax Resolution 1024 was introaured by Mr Motion by hr herhl for the adoption Mrs -rbbison, carried 15-0 Merkl, title reaa by the Clerk of Hesolution 1024, seconded by I t e [fj 1 0 . hot ion t y ~ i r F I a s rot 0 a c r e p tan d a C' <J u ire the nee e s s a r y right-of-way aescribed in the attached 0uit Claim Leeds at 11Ub1 ~est 44th Avenue for $8,~00 and at 11875 West 44th Avenue for $3,490 respectively, ana that the total amount of $11,990 be charbed to account 31-503-85<::, seconded by tvirs ~orth, C'arried 8-0 ItenJ-1.1- hotion by fvlrs Worth that we approve the $3,200 overage on the contraC't with Jim UVerC'amp and Associates and that the aaaitional costs be charged to Account No 31-303-852, seconaeQ by hr Flasc:), carried 8-0 I terr, 12 Motion regarainb Wadsworth Task force presentation at March 12 Sperial Study Session Motion by M'^ FIasC'o to hola seconded by Mrs Worth M'^ attend sinre he has to work a Special Study Session on t'1arch 12, ~est rommented that he won't be able Motion carried 8-0 1987, to Item 1 j Motion that the Council Rules of Graer and Procedure be amended by adding Rule 3 1 1 (Pre-Meetings) Motion by hr Davis to add Rule 3 1 1 Pre-Meetings) to the Council Rules :)f Order ana Procedure "Rule 3 1 1 Pre-Meetings The City Council may met in an informal session with staff at least once earh month prior to a rebular meeting or study session Pur::;uanl to ::'ection 5 6 of the Home rule Charter of the City of 'vvheat Ridge, such informal sessions shall be hela upon notice to the general public as to the time and place of the session, however, members of the publiC' may not participate in any aisrussions held at such informal exchange of information between Councilmembers and staff as to onboing City proJerts and problems No formal agenda s tl a II be pre par ed, nor i n a lor bin din g de cis ion s s h a II b e fila de, an d no votes or other form of binding indication shall be taken, at any such infornJal session, seconded by Mrs Keller, carried 8-0 Item-1.~ tviotion by Mr ~Iest that [Jayment be authorized in the amount of $4,000 to Wheat Ridge Carnation Festival and C'harged to account 01-606-799, seconded by Mr Davis, carried 8-0 CITY CUU~CIL ~INUT~S ~ar( h lj, llj07 Pabe -?- EL~CIED UFFICIAL~' MATT~h~ Iten.15. hotion t,) affirn, the fv:ayor's alJpointrJients anu ~eaprJointtllEOnls to E00nomi0 Development hevit~lizati~n Commission The f ollowin6 aVlJoi ntllJents are waae to the E:.crHlor"i,' [;evelopment anu RevitalizatiJrI Cotllmission (ELAkC) Gaylora Stu!::E:~al Jenks, fvlb!:.l Cavarra, lIa~ne hchee, Jer~~~~ Don Lan0aster, Pat Garr2:..!Lz.~rai12 heyrlOl~_r]elen L~.2 hay 0 r S tit e s s tat e Q t hat Way n e 1"] c 1\ e e will not be a b let 0 s e ~ v e , n~minated Norman Burkepile Motion ~y ~~ lIest for approval of Mayor's nominations, se00noea by Mrs lIorth hrs Ibbison ~OVeQ for separation of names, se00nued by!Vr Jo~nson, Faileu 4-4 with Coun0ilruerube~s Johnson, Lavis, herkl, Ibbison voting y~s Vote on oribi~al hot ion o a r r i to U ~ - j wit h Co un c i 1 [I. e [I, l., e r s J 0 h n son I [; d Ii is, d n u f' 1 a s c 0 v 0 tin 0 ~ 0 I tet[j_l~ !Viotion to ar firtll the Mayor's apj:.,ointlllents to the hi0harus-han; ~state Aavisory comllJittee Pursuant to hesolution No 102U, 0reatinb the hi0harQs-ha~t estate Aavisory CorlltfJittee, the followinb apj:.,ointrl,ents are [j,aae Lo the f,i0haras-hart E:.state Advisory CODlliiittee huth hicharasonJ. fviaq,aret ~,ebb, Betty Loye, Lillian f lerrJln12-L-1.~-1:rickso~lauaia Guerrina Motion by Mr herkl for aplJroval, seconaeQ by Mrs ~orth, 0arrieu b-b CITY ADhlNISlhATUR'S hATTEhS Mr Palmer reminueu Council of rueetinb with staff before the Stuay ~ession The meeting will be on Mar0h 16, 1987 at 6 00 P m at the wuality Inn CITY ATT0hNEY'S MATTEhS John Hayes stated that his associate, Vi0ky bunson, will take his plane at the SlJe0ial Stuay Session on Mar0h 12 he adviseu Council that the aU0tion on the hellrfldn prof.;erties is in violation of' State ana CiLy law, ana therefore lllegal The parcels of land that art; aavertised fo~ aU0tion have never Leen subuivided hotion by !Vlrs Ivorth to bive !VIr !Jayes the authority to file an injunction to stop this aU0tion if the aforementioned inaiviauals uo not dO so voluntarily, se00naea by hr herhl, 0arriea 0-0 Not withstanain~ the action that took pla0e this eveninb on Item l~, thert; is still a QatLabe antion jjenaing abdinst the City hr Hayes citea a case involvinb the City 0f Coloraao Sj.Jrinbs, where a very sillJilar aama~e issue is now being 00nsiaereu by the ColoradO Su~reme Court ThEOre is a mandamus a0tion brought bj a projjerty owner seeking a a ru age sag a ins t the Co un 0 i 1 tlJ e tl; L e r san u the C i t Y 0 f Co lor d a 0 S lJ r i n Is s for den y i n 5 a j:.,l a t D i s t r i c L Co u r t a iSH, i sse u the d (' t ion, Co u r t .) f A P pea 1 s s u s t a i n e a Lis t r i 0 t Co u r t, but the ;j u fJ reI" e C 0 u r t Las b ~ a n 1., e u n e r tin oraer to aiviae whether or not such a uan,d~e a0tL)n is f.>~eCludeu by vi~tue of Coloraao GovernmenLal Immunity A0t He ashea for ~erllJission to file a f riena of the Courts brief on the Colorauo Jprings actio!1 that the r u 1 i n Is W 0 u 1 a a 1 SO a f f E. C t the Cur r i e r 0 a s e h r silo r t h so tli 0 v e u , seconded by !Vlrs l\eller, 0arr iea o-Ci CI1Y CUU~CIL MINUIL~ harr:!J ':!, 1 <j/:;r( Paise -b- ELECTEL 0fFICIAL~ MAT1Eh~ ClaUdia ~orth askeo EUAhC to look at e~pty shopping nenters around the City, there is another one that has effiptiea out on ~ 44th Avenue, start working real hard in gettine, those tilled as soon as l-ossible She addressed the Planning COfumission Minutes ana a hesolution within for all Site Plans on Antivity Centers be required to co~e before that Commission before coming to Council Mr Phil Lawaras was present fro~ Planning Commission ana explained the reason for the Hesolution Mrs ~ortl] thanked poline Department for their responsiveness at 44th & Everett while a nonfrontation between Police and suspect was going on She questioned Parks & Recreation Minutes Mrs lhom~son addressea a lJroblem with an anirllal nontrol truck on 6reenlJelt without lights on Could be very serious, thou!:,ht there was nothing but horses patrolin(S e,reenbel t Askea Hr Palnler to nhenk into it She has been contacteo about sweeping 01 siuewalks on Kiplin6 Street ~tate wilL not ao it even though it is a state highway Askea Mr Minetor to consiaer this a!:,ain Auaresseu Jani Weaain6-Snott's ~eruo on Citizens Financlal Advisory Committee Motion by Mrs Worth for this to be put on a Stuay Session at hr Lavis' discretion, seconaed by Mrs Keller, carrieo 7-1 with hr Flasno votin!:, Uo She coum,entea that Senate Gill 00 has passed the house CouJlI!ittee and will be on the house Floor even thougll there were Resolutions banking those Hesolutions by ct'IL oPj:.;osin6 this Askeu Mr Paluier to rilail the opposing Wheat Kidge hesolution to all 60 members 01 House Aske~ kr Falmer if Truck Orainanne is being enforceu Stated at 6 00 p m trucks were aouble abreast on 44th Avenue in front of labor Lake Inn A Poline~an was seen drivine, lJy ana did not bother to stop Tony Flasno askeu Mr Palmer to inclUde W 44th Avenue in siaewalk sweeping Commented on his uisnussion with Mr Hayes on a Resolution pertaining to the Currier case The hesolution has been drawn up Mr Hayes explainea that the hesolution was drawn up unaer ~4-10, the section on the G overnmen tal Imrrl un i ty Ac t, which allows the C ounn i I upon a fi nd ing of nenessity and being in publin Interest, to adopt a hesolution inaemnifyin6 municipal enJj:.;loyees, vihich woula include City Councilmembers, from any damages that are a result of an action taken in their offinial napanity The hesolution will be on the March ~j, 1':!87 Agenda Aaaressea the Uational League of Cities seconu annual meeting to be hela in Denver on Hay (-9, 1987, has inlormation if anyone want~ to attend Ranuuest aauresseu frivolous lawsuits, re4uest~ when these are filea, if Mr Hayes woula (SO after attorney's fees Aauresseo V,aUSl-IOrUl boulevara upecial ~tuay 2>ession with GhGLJG on hard! 12--stateu he will be unable to attend, as Ie I-lill be workinb Kent Davis auuresseu the norlJputer in tht Court Clerk's uflice, is it up ana working? Unaerstanas Lata Departruent is requestin6 nity aepartluents neeQS for 1Yb0, sUbbests Court Computer be up and on line before any more computers are purnhasea CIT~ CUUNCIL MINUTt~ March '-J, 1907 Page -'{- Rod Johnson asked if Mr ~asse has solved security proble~s for micros and floppy aisks Mr ~;alone stated" somewhat" and asked for interpretation of "security problenJs" ~lr Johnson stated the ones Mr Sasse said they had Mr Malone replied he was not aware of any serious security problems Now that EDARe is in place, also commented that he feels we are wasting money getting an appraisal on some property, that we aon't know what is going to happen to, the RFP's are out, RHQ's are out, ana HFP also state that we are in the give-away program They are saying we will subsidize everything under the sun ana to me that is totally backwaras The developers were supposea to be tOld, you have a pie0e of property, they corrJe back and tell you what they 0an ao with it ana what kind of support they woula like, I also unaerstana that we have enJpty builuings, now the owners are requesting s~bstantial subsiaies just to bring in tenants He feels if they are buying the builaings and they are va0ant when they buy them, then they rrlake allowances for that in the purchase price The City is not in a position to have a give-away program Moe Keller informed Council that Friaay, March 13, 19~7, Metro Air Quality Council is having a day-long session on wood-burning stoves and fireplaces including a mandatory no-burn Ordinance, that is in effect in various cities throughout the country Speakers from Alaska, Oregon, Nevada, and Idaho will relate how their orainances are enforced Doris Ibbison addressed EDAHC ~he movea that the appointments be brought back on March 23, 1987 for reconsideration, seconded by Mr FIasco, Failed 4-4 with Councilme~bers Ibbison, Johnson, Davis, and FIasco voting yes Motion by Mr Merkl to adjourn, se00nded by Mr west, carried 5-3 with Coun0ilmembers Davis, west, and worth voting No Meeting adjOurned at 9 22 P m I \/ ~,/-:/61' /!,:.. Wanda Sang, .,.: i ~t- .:," ~'j City Cterk / APPHUVED BY Cl1Y COUNCIL uN MAHCH 2j, 1987 bY A VOTE OF / TU __}LLLl[~~ Kent Davis, Council President