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Home My WebLink About05/11/1987 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO May 'L-1987 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, Moe Keller, Larry Merkl, Randy West, and Claudia ~orth Also present City Clerk, Wanda Sanb, Acting City Administrator & Chief of Police, Howard Jaquay, City Attorney, John Hayes, Public works Director, Ric Minetor, Director of Planning, Glen Gidley, Director of Parks, Richard Bredt, staff, and interested citizens APPROVAL UF MINUTES of April 27, 1987 l'iotion by Mrs seconded by Mr Worth for the approval of the Minutes of April ~7, 1987, Merkl, carried 8-0 PROCLAMATIONS OR CEREMONIES Mayor Stites presented the proclamation for Public Works Week May 17 -23, 1987 to Ric Minetor CITIZENS' RIGHTS TO SPEAK ----------- Janice Thompson, 12290 W 42nd Avenue, addressed the truck parking in the vacant lot between Tabor Lake Inn and the Adult Book Store, even though police are dispatched, there were 15 trucks parked there tonight, suggested City declare property a nuisance, so it can be closed off LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for Transfer of Ownership from Country Broker, Inc to BUChanan's, 10151 W 26th Avenue Present and sworn in by the Mayor were applicants David L Blascetta and Ann GLee, 10555 W Jewell Motion by Hr Johnson to approve the Transfer of Ownership from Country Broker, Inc , dba Country Broker Restaurant, and Bull & Bear Pub, 10151 W 2bth Avenue, Wheat Ridge, to the sole proprietorship of David L Blascetta and Ann G Lee This is a Class G - Hotel & Restaurant Liquor License with extended hours, seconded by Mr Davis, carried 8-0 PUBLIC H~ARINGS AND ORDINANCES ON SECOND READING Item 2. ----- Council Bill 294 - An Orainance providing for the approval of a revised Outline Development Plan and Final Plan ana Plat on land located at 40~u ana 4084 ~adsworth Blvd , City of Wheat Ridge, County of Jefferson, State of Coloraao (Case No ~Z-86-24) (ROdger Barsch ana Randolph Currier) Co~tinued from April 13, 1987 Council Bill 294 was introduced on second reading by Mr Johnson, title read by the Clerk, Ordinance No 716 assigned Mr FIasco stated that he had been opposed to hearing this case because of pending lawsuit, but tonight he will not move to postpone this again He feels we can now CITY COUNCIL MINUTES May 11, 1987 Page -2- now hear it, since two Council ana employees beginning, but has now it for him ordinances have been passed to Information was withheld from been made available and puts a protect the Council in the different light on Mr Gialey presented the case Present and sworn in by the Mayor were applicant ROdger Barsch, 6530 Zang Street, Arvada, and his attorney Maurice Fox, 4465 Kipling Street Discussion was held Moti~~ by Mr Johnson for the approval of Council Bill 294 (Ordinance 716) because staff and Planning Commission recommendea approval and with the stipulation that if an additional fire hydrant is required by the Fire Department, it will be put in place, seconded by Mr Merkl Mr FIasco will vote No, because it is inconsistent with the Comprehensive Plan for Urban Renewal Area, it is not intended for Resiaential, it is intended for commercial use for sales tax purposes Planning Commission's recommended approval is contingent on action taken by Council, he doesn't feel he has recommendation from them, because of condition that the lawsuit be dropped if Council approves it It is inconsistent with the Wadsworth Town Center, ana is not in the best interest of the citizens that this be approved Mr West will vote No for the same reasons as Mr FIasco, also feels there is an age discrimination since children will not be allowed Mr Davis asked for a friendly amendment that an easement on the east side be not encouraged as an ingress or egress and to require in covenant that this use be discouraged Posting of signs to discourage this Friendly amendment was accepted by motion maker and second Mrs Worth will vote No, because she feels the density is too high on 1/2 acre ~Irs Keller will vote No, because she feels Residential does not belong in a commercial area Mr Fiasco called for the question, seconded by Mrs horth, carried 6-2 with Mrs Keller and Mr Johnson votin~ No Vote on original motion failed 4-4 with Councilmembers Ibbison, Davis, Johnson, and Merkl voting yes Item-2_ Council Bill 298 - An Ordinance vacating a portion of dedicated Parfet Street, within the City of hheat Ridge, County of Jefferson, State of Colorado Council Bill 298 was introduced on second reading by Mr Davis, title read by the Clerk, Grdinance No 71b assigned Motion by Mr Davis tor the adoption of Council Bill 298 (Ordinance 716) on second reading, seconded by Mr Merkl, carried b-O CITY COUNCIL MINUTES hayll,1987 Page -3- ORDINANCES ON FIRST READING I terrJ 4 Counnil Bill 299 - An Ordinance providing for the approval of rezoning from Residential-One to Residential-One-A on land located at the northwest corner of Parfet Street and West 32nd Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No hZ-87-1) (Michael SChneider) Council Bill 299 was introduced by Mr Merkl on first reading, title read by Clerk, Motion by Mr Merkl that Council Bill 299 be approved on first reading, ordered pUblishea, public hearing be set for Monday, June 8, 1~87 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 Item 5. Council Bill 300 - An Ordinance providing f~r the Vacation of a portion of West 33rd Avenue, North of 3294 Pierson Street, City of hheat Ridge, County of Jefferson, State of ColoradO (Case No hV-87-1) (Josef & Augusta Faehnrich) Council Bill 300 was introduced by Mr Davis on first reading, title read by Clerk, Motion by Mr Davis that Council Bill 300 be approved on first reading, ordered published, public hearing be set for Monday, June 8, 1987 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 Johnson, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS ItellJ 6 Motion by Mr Johnson to accept the 1986 Annual Audit as presented, seconded by Mrs Keller, carried 8-0 I te!!!-L- t'lotion re Consultant Selection for the Young field Bridge Project Louise Turner, 11256 W 38th Avenue, questioned whether or not a new bridge is necessary Motion by Mr Merkl that Morrison-Knudson Engineers, Inc be selected to provide professional engineering services for the rehabilitation ana wiaening of the Youngfield Street bridge, and that the Director of Public Works be authorized to negotiate a contract with horrison-Knudsen on a cost plus basis with a maximum fee not to exceed their estimate of $53,935 Further move that the Mayor be authorized to execute this contract on the City's behalf All costs for this contract are to be charged against account #31-303-844, seconded by Mr Johnson, carried 7-0 (Mr ~est had left Counnil Chambers because of a nose bleea) ItelJj~ hot ion re Planning COlumission's re(juest regaraing Site Plan Approval in Activity Centers Motion by Mr Merkl to bring an Ordinance to this effect to the next Council Meeting for first reading, seconded by Mr Johnson, carried 7-0 CITY CUUNCIL MINUTE~ /'lay 11, 1987 Page -4- Item 9. Resolution 103~ - authorizing the City of Whe~t Ridge to enter into an Intergovernmental Agreement with Urban Drainage and FloOd Control District regardinb construction of Maintenance Improvements to Rolling Hills Tributary Resolution 1035 was introduced by Mr Johnson, title read by the Clerk Motion by Mr Johnson for the adoption of Resolution 1035, seconded by by Mr Merkl, carried 7-0 Item-12- Resolution 103b - authorizing the Mayor to sign the Intergovernmental Agreement between the City of hheat Ridge and the Jefferson County School District R-l entitled Joint Use Agreement for Martenson Elementary Resolution 1036 was introduced by Mr Davis, title read by the Clerk Motion by Mr Davis for the adoption of Resolution 1036, seconded by Mr FIasco, carried 7-0 Item 11 Notion by Mrs Ibbison to approve the 1988 Budget Prepar~tion Schedule as presented, seconded by Mr Davis, carried 7-0 Item 12 Motion by Mrs Ibbison that a used memory board be purchased from Computer Services for the price of $4,240 and that this cost be charged to Account No 117-802, seconded by Mr Merkl, carried 7-0 Item 13 Motion by Mrs Keller to accept a Quit Claim deed at 12150 h 44th Avenue, seconded by Mr FIasco, carried 8-0 Item 14 Motion to purchase a portable building for evidence storage Motion by Mr Merkl that the police department be authorized to purchase a portable building, subject to the City's purchasing policy, from account #01-201-809, and that $2,500 be transferred from account #01-209-799, and $2,200 be transferred from account #01-607-795, for this purpose, seconded by Mrs Keller, carried 6-2 with Mr Davis and Mrs Worth v~ting No Item 15. Motion re School Crossing Guard Program Motion by Mr Merkl that the School Crossing Guard Program continue for the 1987-1988 school term and the School Crossing Guard Agreement be extended t the Parent Teacher Organizations electing t~ participate, seconded by Mrs horth, carried 6-2 with Mr Davis and hr FIasco voting No Ite!!'!..J..2.- Moti~ by Mrs Ibbison to ratify the hayor's appointment of Connie Jhyree Burkepile to the Richards-Hart Estate Committee, seconded by Mr Merkl, carried 8-0 CITY COUNCIL MINUTES May 11, 1967 Page -5- Item-11- Motion to reconsider Sales Tax Election Jim Lorentz, ~heat Ridge Police Department, spoke on behalf of the Police Protective Association PPA supports the increase in sales tax, revenue is aown, services will be continuously cut Motion by Mrs Ibbison to bring in resolution to rescind previous resolution for next meeting, seconded by Mr FIasco, failed 4-4 with Councilmembers Ibbison, Johnson, FIasco, and Worth voting yes Mr West introduced Resolution 1037 - establishing the intent of the ~heat Ridge City Council to reduce or eliminate city imposed property taxes upon real property with the City of What Ridge in the event a sales tax increase is approved by the electors of the City of Wheat Ridge on November 3, 1987 Motion by Mr ~est for the adoption of Resolution 1037, seconded by Mrs ~orth, failed 1-7 with hr West voting yes Mr Davis will vote No, because he already told Mr West he would not support this, and the manner he brought this in, he will more than likely not support sales tax question CITY ATTORNEY'S MATTERS John Hayes statea that he was contacted by Nr Stegbauer, Planninb Commission, and Lutheran Hospital, about Council being contacted about their neighborhooa meeting His advice is, don't go, neec to keep quasi judiCial aspect of these llieetings He contactec the attorney for the financial institution who is foreclosing on Tabor Lake Inn Tabor Lake Inn accuses the City of being to aggressive in enforcing the truck parking ordinance--ask Council to consider a temporary waiver of enforcement on Tabor Lake Inn until foreclosure is completed Council did not consider this request John Hayes asked for an Executive Session under Section 5 7(b)(1)(3) of the Charter on condemnation of property Motion by Mr FIasco that an Executive Session be held, seconded by Mr Merkl, carried 8-0 Motion by Mr Merkl to suspend the Rules and complete Elected OffiCials Matters and Executive Session, seconded by Mrs Keller, carried 7-1 with Mr Johnson voting No ELECTED OFFICIALS' MATTERS Doris Ibbison addressed vacancy on Arborist Board Mrs Ibbison moved to appoint Mr Abbott to Arborist Board, seconced by Mr west Mrs Ibbison withdrew motion, also the second because Mr Fiasco hac a problem with Mr Abbott being from District III, and the vacancy is in Dsitrict II He wants to try to get someone from District II Motion by Mr Davis under the circumstances to reconsider sales tax question on next Council Meeting, seconded by Mr FIasco, carriea 5-3 with Councilmembers Keller, Merkl, and west voting No CITY COUNCIL MINUTES hay 11, 1987 Page -6- Larry Merkl made his yearly comment on the "little yellow flowers" He stateQ if our Parks Department can't kill them, maybe we should go to an outside company Randy hest apologized for stepping out with a nose bleed like petty action of certain Councilmembers He doesn't Tony FIasco addressed DRCOG expressway He is disappointed in DRCOG for not defining the difference between €x~ressway and major regional arterial The public hearing will be on May 20 1907 House committee met with DRCOG on Federal Aid to Urban System on Transportation Systems They are actively soliciting bids for the next two years he have until July 20 to submit bids There are several projects in the City we could submit Moves to act on solicitation of funds, seconded by Mr Johnson, carried-S=o- Claudia Worth asked what hours are spent patroling Greenbelt and Parks Greenbelt is looking poor, drain is plugged up and overflowing path EXECUTIVE SESSION WAS HELD Motion by Mr Merkl that if necessary we start immediate condemnation on Carot ti, S i egr i s t, AfvIT Deve lopment Company, and Tabor Lake Inn properties on W 44th Avenue for construction of 44th Avenue, seconded by Mr FIasco, carried 7-0 Meeting adjourned at 11 30 p m ,~-;J) , ,. , Wanda Sang -;-erG ;Clerk APPROVED BY CITY COUNCIL ON JUNE 8, 1987 BY A VOTE OF ~_ TO 0 2-::~L"L,<~ Kent Davis, Council President