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Home My WebLink About04/13/1987 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO ~.E.!: il-1k19 8 7 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers ~resent Kent Davis, Tony FIasco, Doris Ibbison, hod Johnson, Larry herkl, Moe Keller, handy hest, and Clauaia Worth Also present City Clerk, hanaa Sang, City Administrator, Tom Palmer, City Attorney, John Hayes, Public horks Director, Ric hinetor, Lirector of Community Development, Charles Stromberg, Director of Parks, Richard Bredt, Director of Planning, Glen Gidley, staff, ana interested cit.izens APPROVAL OF MINUTE~ of March 23, 19~7 I'lotion by Mr seconded by hr herkl for the approval of the Minutes of March 23, 1987, Davis, carried 8-0 PROCLAMATIONS OR CEhEMONIES Mayor Stites presented City of Wheat Ridse pins to Denver 3 Troop 6 of the Weebelows He presentea awards for service on the Richards-Hart Estate Task Force to Connie Collins, huth Richardson, hargaret Web~ettY-b:~ Lillian Flemin~~ed Erickson, Claudia Guerrina~ and Doris Ibbison He also administered the Oath of Office to the Richaras-Hart Estate Advisory COlilmittee ~ut~ichar~son, hargaret Web~ettY-b:~ Lillian Flemin~, Ted Erickson~~lau~ia_Querrin~ CITIZENS' RIGHTS TU SPEAK Robert Vermillion, 2bGO S University, Denver, askeG Council for work session-regarding the Lakeruont Project to discuss some specit ics 01 proJect, sometime in mia-May Motion by Mr Davis to put this on the StUdy ::>ession on l'iay 4,1987, seconded by I'lrs Worth, carried 8-0 Charles Jones, 4560 Allison, adoressed article in Wheat hiage Sentinel regarding Sales Tax, read financial chart into the record LOCAL LIQUOR LICENSING AUThORITY MATTERS Item 1 Motion to approve the chanbe of trade name for Ann M Tief'ert The present name of the establishment is "Keller's Place" The new name will be "Annie's Place", located at 10080 W 44th Avenue, Wheat Ridge This is a Class G - Hotel & Restaurant Liquor License Applicant Ann Tiefert was present and sworn in by the Mayor hot ion by Mrs Keller to approve the change of trade name for Ann M Tiefert The present name of the establishment is "Keller's Place" The new name will be "Annie's Place", located at 10080 W 44th Avenue, Wheat Fiidge This is a Class G - Hotel & hestaurant Liquor License, secondea by Mrs harth, carrieQ b-O CITY CUDNLIL ~INDTlS April 13, lY87 Pabe c.- PUBLIC HEARINGS AND OhDINANCES ON SECOND READING -------------------------- lte!.!!~_ Coun0il Bill 2S;4 - An Ordinan0e \JrovlCling far the ap\JrovCil af a revised Outline Development Plan and Final Plan and Plat on land located at 4U20 and 4084 ~adswa~th Blvd , City at ~heat Ridge, County of Jefferson, State of Colorado (Case No kZ-86-24) (hooger barS0h and Ranaolph Currier) (Continued from ~arch 9, 1967) Council bill 294 was intr1duC'ed Ly ~r JOhnSY1, title reaa by the Clerk Hoti2.!2 by 1'lr FIasco to C'ontinue hearinlS tor 30 aays until lawsuit against City is hearo, seconded by M~ Johnson, carried 5-3 with Councilwembers lJavis, herkl, ana ~.orth V'Otin6 No Item_J_ A\Jf.;licati)n by ~heat Hiage Lurllber CorujJany for approval of a Special Use Permit to waive the requirements for public irlJprovemenl,s as it relates to the installation of siaewalk tor property located at 8995 west 44th Avenue (Case No SUP-O(-2) f'lr Gidley presenteo the case Af.;plicCint Charles Potuzak, 0890~. 11 th Avenue, Lakewood, was present ana sworn in-~t~hayor-- he 6ave his rea son s for will in g n e s s to de d i C' ate the I and for rig h t - 0 f - ,I a y 1'10 t ion by hr Merkl that Case No SUP-87-2, a request by Mr Charles Potuzak of wheat Ridge Lumber for waiver of sidewalk construction require~ents along West 45th Avenue be af.;\Jroved Motion died for lack of second Motion by Nr Johnson that the Cit) acquire a portion of the Green Belt for approximately $4,000, to be reimbursed by Open Space The request for waiver of sidewalk C'onstruction be denied Hotion dieo for lack of second Motion Ly Mr Merkl for approval Motion died f'Or lack of second Motion by Mr Davis that Case No SUP-87-2 be denied for the followinlSreasons 1 1he wheat Ridbe Code of Laws, Se0tion 5-94 1 specifically require such improvements in cases where existin6 nonconformities exist 2 There is a need to f.;r'Ovide sidewalks on both sides of streets in this area aue to the C'haracter of' this neighborhooa beinb medium to high density residential with many youn6 children kest 45th Avenue is a wain pedestrian route for chilaren frOm this area walking or riding their bikes to the Municipal Po'Ol and hecreation Center, secondea by Nrs Keller, 0arriea 7-1 with Mr Herkl v'Oting No Item 4 A ----- CounC'il bill 297 - An Orainance providing t'Or the ap\Jroval of rezonin6 from AgriC'ultural-One to hesiaential-One and Resiaential TWO-A on land locateD at 4500 Miller Street, City ot ~~heat hidge, County)t Jetferson, State of ColoradO (Case 1.0 h2-8lJ-.:::5) (Bertha I\eeney) I teln 4 b iq.J[Jlication by bertLa I\eneey to subaivic.e the f.;roperty located ~t 4500 ~iller Street into six lots (a lliajor subuivlSi)n) (Case No h~-bb-3) council Dill 297 was introduC'ed on secona reauin6 by ~Irs horth, title read by the Clerk, Ordinance No 71~ assigned Mr Gidley [Jresented C ase ~. Z-86-25 ana Case \o,S-86- 3 Appl i cant Der tha ~.ee.!2~ was presen t and sworn in by the ~ayor Hotio.!2 by Hrs ~iortlj that Case No ~iZ-(jb-c:':> Le approved for the followinlS reasons 1 The proposed ~ezoning is in eOIIJplianee with the C0nqJrehensive Plan CITY COUNCIL MINUTES April 13,1987 Pai:,e -3- ~ The proposea rezoning s compatible with adJacent zoning ana land use 3 The aevelopruent would serve as a buffer/transitional area between residenres to the west and co~~ercial ana hi6h density resiaential development to the south ano east, seconaeo by krs Keller, carrieo 8-0 Motion by Mrs Worth that Case No WS-86-3 be approved for the followlnb reasons 1 All requirements of the ~ubdivision Regulations have been met 2 The subdivision is 00mpatible with surrounding properties With the following condition That the minor legal error on the plat be correcteQ prior to recording, seconaed by Mrs Keller, carriea 8-u _ ORDINANC~S ON fIRST ReADING ------------ Ite~-2_ Council bill 298 - An Orainance vacating a portion of aedicatea Parfet Street, within the City ~f Wheat Ridge, County of Jefferson, StaLe of Colorauo Council Bill 298 was introducea by Mr Gavis on tirst reaainb, title read by Clerk, Motion by ~Ir Gavis that Council bill 29b be approved on first reading, oraered published, public hearinb be set for Monday, May 11, 19b7 at 7 3U p m in City lounril Chambers, Municipal bIdg , ana if approved on second readinb, take effect 1 day after final publication, seconded by Mr FIasco, carriea 6-0 DECISIONS, RESOLUTION~..z...JiND MCJIIONS I teHl 6 Resolution 1025 - authorizing Reimbursement fro~ the City of Wheat Ridge's attributable share of the Jefferson County Gpen Space Funa for Parks and Open Space Development Resolution 1025 was introduced by Mr Merkl, title read by the Clerk MO.!:2-.~I:: by hr ~Ierkl that Hesolution No 1 U25 be passed and the Mayor be authorized to sign the Intergovernmental Ag.eement entitled Request for Reimbursement and Certification ot Use of Funas, seconded by Mrs Keller, carried 8-U Ite!:!!-I_ A Resolution l~o 1026 - authorizing the Mayor to sign the Intergovernmental Agreement entitled Request For Payment and Certification of Use of Funas for Gym floor Replacement -- Anderson building b Resolution No 1027 - authorizing the Mayor to sign the Intergovernmental Abreement entitled Request for Payment ana lertit ication of use of runas f or the oesibn 01 lrrijsation system -- Panorama Park C Resolution No lu~b - authorizing the hayor to siGn the Intergovernmental Abreewent entitleu reljuest for IJayment and certitication of use ot tunas tor the irrigation syste~ -- Panorama Park CITY C0UNCIL MINUTES April 13,1987 Page -4- ~ioti~~ by Mr Merkl to approve Resolution 1026, seconded by Mrs Keller, carried 8-0 Motion by Mrs Keller to approve Resolution 1027, seconded by Mr ~erkl, carried 8-0 ~otion by Mrs Keller to approve Resolution 10~8, seconded by Mr West, 0arried 8-0 Item 8_ Resolution No 1029 - amenai'1g the City Budget for the fiscal year 1987 Motion by Mr Johnson that Resolution 1029 be approved as submitted and that the Mayor be authorized to certify that the City wishes to proceed with the Younbfield Bridge project, seconded by ~r Merkl, carried 7-1 with Mrs worth voting No Item 9. Motion by Mr Flasco that the City a0cept the enclosed Quit Claim-Deeds for right-of-way clarification on 12400 and 12410 h 44th Avenue and the amount of $10 00 for each deed be charged to Account No 31-303-852, seconded by Mrs Worth, carried 8-0 Item 10 Resolution referring to the Registered Electors of the City of Wheat Ridge the question of the proposed enactment of an Ordinance proviaing for the imposition of a three percent (3%) tax upon sales made within the City of Wheat Ridge, Colorado Resolution 1030 was introdu0ed by Mr West, title read by the Clerk Motion by Mr west for adoption of Resolution 1030, seconded by Mrs Keller Elise Brougham, 3355 Quay, read a letter from Wheat Ridge United Neighborhoods into the record Louise Turner, 11256 W 38th Avenue, spoke in opposition to Resolution Mr Johnson will vote No, because he feels people are tired of being taxed to death Mrs Worth will vote No, because she has a positive outlook that business coming in will take care of the problelli hr FIasco will vote No, because he doesn't feel tis is the proper time Motion carried 5-3 with Councilmembers Johnson, fiasco, and horth voting No I te.!E-1L Di scuss ion of pol icy regard i ng ae fense ana i nderuni ficat ion of public employees Motion by Mr Merkl that the attached statement of policy be approved, seconded by Mr FIasco Motion by Mrs Worth to amend to read on page 2 or City Council "or City Boara, or Commission", seconded by Nrs Keller, Failed 2-6 with Councilmembers Keller ana Worth voting yes Vote on original motion carried 8-0 CITY CUU~CIL MINUTL~ April 13, 1YCJ7 Paise -5- l.teru-1.?_ Hesolution No 1031 - aeterrr;ining that CouncilmeII,bers shall be individually indemnified f'ar ana dbainst daruages sought in Civil Action No 86-CV-0767, ana determIning that saia indemnification is in the publi0 interest Resolution 1031 was introduceo by Mr herkl, title reda by the Clerk Motion by Mr Nerkl for the aaoption of Resolution 1031, second eo by hr FIasco, carried 8-0 IteE.!_.l;L Item 14 ---- I ten, 15 ------ Item 16 Motion by Nr Davis that the Nayor and City Clerk be authorized to sign a quit Claim Deed from the City of ~heat Ridge to the t~ax J Boxer Family Partnership, Ltd for the real property described in the Quit Claim Deed, but that said Deed be delivered to the Grantee only upon receipt by the City )f two permanent easeruents allowing maintenan0e of two 0atch basins whi0h were installea in 1981, seconded by Nr Johnson, carried 8-0 Noti2.!2 by ~jr Merkl that the City ot I,heat R idbe approve the concept of retaininb a consultant, by contract, to aid the City in draftinb and impleruenting an economic development plan for the City of hheat Ridge I further move that a committee 0omposed of two ~embers of the City Council, appointed by the City Council, one ~ember of EbARC, appointed by EDAHC, the President or Executive Vice Presiaent of the hheat Riage Chamber ot Comwerce, the City Attorney and the City Administrator, or Mayor's appointee, be appointed to meet ana oraft a Request for Proposal to be returned to the City Council for review at the CouncIl meeting of April 27, 19b7, seconded by Mr Johnson, carrieo 6-2 with Councilmembers hest and worth voting No Motio.!2 by Mrs Keller that the Council SChedule EDARC tor the May 4, 1987 Council ~tudy Session to dis0uss economic development to the Kiplinb ana Applewood Commercial Activity Centers, seconded by Mr West, carriea 8-0 hot ion that the Coun0il attend the EDARC meeting to hear the developer presentations on the ~adsworth Town Center Project This matter was not adaressed only Council considers this an invitation l.teE.!-1L I"iotion rebarding NdY Council l'ieetinbS hoti2!2 by Nr r-ierkl to cancel the second re6ular City Council meeting in 1"1 ay, secono ea by I"Jr Johnson, Cd r r i eo 5-3 with Coun0 i IrrJen,ber s FIasco ~orth, ana Lavis votinb No CITY CUUNCIL MINUTES Item 10 ------ AlJril 13, 1':1b7 Page -6- Iviotion by i'1rs worth to award the 0:)ntract for Architectural Servlces for a Haster :Jtabilization Plan for the preservation ot buildings at the wheat Riage Historic Park to Community Services Collaborative for $6,020 with all 0)sts charged to Account No 32-601-b15, seconded by fvi~ WEst Mr herkl will vote no, because he feels it is a waste of bOOO dollars Nr FIasco will vote No, because there was no backup material on other bidders Motion carried 0-2 with Coun0ilmembers Merkl ana FIasco voting No Ite~.lL Moti.'2~ by Mr FIasco to approve the purchase of the Crack Seal Machine from Ciruline, 1nr in the total amount of their bid of $12,759 All costs to be charged to Account No 57-305-807, seconded by Mrs Ibbison, carried 8-0 Item 20 1teru 21 ~otion by Mrs Worth to award the rontract to repair the lights at Prosfiect Park to Korns Lamp Lighting in the total amount of their biu of $10,45~ with all costs charged to A0count No 6U3-774 All aollars reimbursed will be put back into 00j-7(4 account, second eo by Mrs 1bbison, rarried 8-0 Ratification of afipointment of Ralph Branstetter to Richards-Hart ~state Advisory Committee l'ioti.'2~ by Mrs lbbison to ratify the appointment, seconded by Mrs worth, carried o-U CITY ATTORNEY':::' ~ATTERS ------------ Attorneys for wheat Ridge fire Department asked to meet with City Council at a Study Session to discuss legal ramifications regaraing the issue of city owned ambulance ~otion by Mr Davis to put this on the June 1, 1987 StUdy Session, seconded by Mr Merkl, carriea 8-0 ~LECTED OFFICIALS' MATTERS Lar~~~~kl adaressed Valley Water District letter regarding problem with EDARC, staff, and Valley Water--threat of 0ity take-over Mayor, City Attorney, and City Administrator talk to them about this problem fv]oti.2~ by !vir Merkl to DIRECT Mr FIasco, or his alternate, as Council's representative to DRCOG, to vote against the 2010 plan as proposed by DRCOG, seconaed by Mr FIasco, 0arried 7-1 with Mr Jonnson voting No !viayor S ti tes i nformee Counc i I that rejJorte r for Sen t i nel, Barb I'larquand, is leaving the Sentinel to go to Greeley B.an~Dest told Counc;il that :Jtreet Committee Calue ulJ with slogan "Tree City USA" He resiGnee frOIJJ the Jefl~so~_~oun~_~orreC'ti.2~~.!::oar.9. ana nominated Claudia v-,orth to tile Board, seconded by I'll" Herkl, Carried '{-O with hrs Worth-abstaining LITY CUUWCIL MINUTES April 13, 1~b7 Page -'(- TonLflasc~ askeQ that Resolution be consiaerea, kequests for proposals for professional servines, 4 or 5 re~aining finalists will be presenteQ to City Council on same forms as all other things, the costs, and cOlllparisions, seconded by hr Johnson, carried 7-1 with hrs v.orth voting No Claudia ","orth thanked Public ","orks uepartment 1::>r putting up the sibn on west 44th Avenue aavising trucks ot our parking ordinance and regulations Also thankeQ Public ~orks Department tor the patching they are aoing on West 44th Avenue, and for the sign on Miller Street--citizens are grateful Meeting adjourned at 10 15 p m ) ,I ..// ,( 'C , ------,------'---------1---------------- wanda Sang, City Cf~rk APPkOV!:.G bY CITY COUNCIL UN APRIL 27, 1987 BY A vUTE UF ~__ TU ~_ __~_~~_1_J'_~_={________ Kent Gavis, Council President