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Home My WebLink About12/14/1987 I CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO December 14, 1987 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Kent Davis, Doris Ibbison, Larry Merkl, Mae Keller, Nancy Snow, Randy West, and Claudia Worth Tony Flasco was absent, he is attending the National League of Cities Conference in Las Vegas, Nevada Also present City Clerk, Wanda Sang, City Administra- tor, Mike Smith, City Attorney, John Hayes, Public Works Director, Ric Minetor, Director of Planning, Glen Gidley, Chief of Police, Howard Jaquay, staff, and interested citizens APPROVAL OF MINUTES of November 23, 1987 Motion by Mrs Ibbison for the approval of the Minutes of November 23, 1987, Mrs Worth asked that Minutes be corrected--on page 9 under her comments that it read confiscated at property involved with illegal activities ,seconded by Mrs Worth, carried 7-0 Motion by Mrs Snow that Items 7 & 8 be moved up after Item 4, because there are people here to speak, seconded by Mrs Worth, carried 7-0 CITIZENS' RIGHTS TO SPEAK There was no one present to speak LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1. Application for a Transfer of Ownership from George F Fuller II, 8235 Pierce Ct , Arvada, for Wheat Ridge Liquors, 5808 W 38th Avenue, Wheat Ridge George F. Fuller, applicant, was present and sworn in by the Mayor Motion by Mr Merkl to approve the Transfer of OwnerShip from Philip J Fabrizio, dba Wheat Ridge Liquors, 5808 W 38th Avenue, Wheat Ridge, to George F Fuller, 8235 Pierce Court, Arvada, Colorado This is a Class D - Retail Liquor Store License, seconded by Mrs Snow, carried 7-0 Item 2. Application from Metro Oil Company, dba Vicker's #2358, 12300 W 44th Avenue, Wheat Ridge for a new Class J-l 3 2% Retail Liquor License John Stonebrook of the law firm of Dill & Dill was present for the applicant for both locations Motion by Mrs Ibbi~on that the neighborhood be set at a l-mile radius, that a survey to establish the needs and desires of the neighborhood be taken, and that the public hearing be held on January 25, 1988, seconded by Mr West, carried 7-0 CITY COUNCIL MINUTES December 14, 1987 Page -2- Item 3 Application from Metro Oil Company, dba Vi~ker's #2349, 6601 W 44th Avenue, Wheat Ridge for a new Class J-l 3 2% Beer Retail Liquor License Motion by Mrs Snow that the neighborhood be set at a l-mile radius, that a survey to establish the needs and desires of the neighborhood be taken, and that the public hearing on this application be held on January 25, 1988, seconded by Mr West, carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item~_ Public Hearing on the proposal to amend the Wheat Ridge Comprehensive Plan, Section V Transportation, to add criteria and specifications for a "Rural Street" classification (Case No WPA-87-2) Mr Minetor presented the case Speaking in favor and sworn in by the Mayor were Wilma Pullen, 4090 Field Drive, Thomas Pullen, 4090 Field Drive, Evelyn C Grant, 4111 Everett Drive, Debbie Wilson, 4355 Garland, Joe Romero, 4290 Garrison, presented petitions from Garrison Street and Garland Street residents, Marjorie Bernsten, 4285 Garland, Dorothy Thompson, 3014 Chase, read letter from Wheat Ridge United Neighborhood into the record, Louise Turner, 11256 W 38th Avenue, Phyllis Lancaster, 4076 Everett, read letters from other residents into the record, Don Lancaster, 4076 Everett, read letters from other residents into t~ record, Don Hansen, 10460 W 46th Avenue, Silas Thronetery, 10440 W 46th Ave, Dougal Graham, 3330 Chase, Elaine Huffman, 9080 W 35th Ave, Dennis Nocton, 8940 W 35th Avenue, presented petition from other homeowners Speaking in opposition and sworn in by the Mayor was Kay Ore, 10565 W 46th Avenue, who presented petition from people on her street in opposition to the City doing anything to their street Discussion followed Motion by Mr West that streets designated as exempt local streets shall be shown as such on the Comprehensive Plan Exempt Local Streets shall be exempt from the provisions of Section 5-94 1 of the Code of Laws, and shall be reconstructed to their historic character, and shall have minimum lane widths of 12 feet, seconded by Mrs Snow, carried 7-0 Item 7. Council Bill 323 - An Ordinance providing for the approval of rezoning from Industrial to Commercial-One on land located at 4830 Ward Road, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-87-14) (Bruce Daniel for Hydrotropics Corp) Council Bill 323 was introduced by Mrs Ibbison on second reading, title read by the Clerk, Ordinance No 739 assigned Mr Gidley presented the case Bruce Daniel, 10295 W 52nd Avenue, representing Hydrotropics, was sworn in by the Mayor Motion by Mr Merkl that Council Bill 323 (Ordinance 739) be approved for the following reasons 1 The proposal is consistent with adjacent zoning and land use 2 The Comprehensive Plan for this area is currently Industrial, and Commercial uses are consistent with the Industrial category 3 Planning Commission and staff recommend approval, seconded by Mr Davis, carried 7-0 CITY COUN~~L MINUTES December 14, 1987 Page -3- Item 8 -- Council Bill 324 - An Ordinance Special URe Permit for gaRoline WeRt 38th Avenue, City of Wheat State of Colorado (CaRe No SUP-87-8) providing for Rales on land Ridge, County the approval of a located at 6005 of Jefferson, ("Q" Petroleum) Council Bill 324 waR introduced on second reading by MrR IbbiRon, title read by the Clerk, Ordinance No 740 aRRigned Mr Gidley preRented the caRe PreRent and Rworn in by the Mayvr waR Tom Reck, 9605 W 49th Avenue, architect, representing "Q" Petroleum He presented a synopsiR of the development AIRo present and sworn in by the Mayor waR Maurice Fox, attorney, repreRenting a group of people in opposition to the convenience store and gasoline Rales Sworn in by the Mayor and speaking in opposition were Kim Herfurt, 1348 Madison Ct , Louisville, Sue En&leton, 517 University Blvd, representing Nursing home, Annette COUCh, 3345 W 21st Avenue, Social Services Director, Jane Odenedle Motion by MrR Ibbison that Council Bill 324 be approved for the following reasons 1 The proposal i, compatible with adjacent zoning and land URe on the south, eaRt, and weRt 2 The propoRal provides adequate buffering for the property to the north 3 Staff recommendR approval With the following conditions 1 Development be in accordance with the attaChed site plan 2 No lighting or mechanical equipment be allowed behind the structure, seconded by Mr Davis Mrs Snow will be voting No, because the close proximity of a gas station is not compatible with the health, safety, and welfare of the reRidents in the nursing home Mrs Worth will vote No for the Rame reaRonR Mrs Keller concurs with two previous reasons for voting No Motion Failed 3-4 with Councilmembers Merkl, Ibbison, West, and DaviR voting yes Item~_ Council Bill 321 - A Bill for an Ordinance authorizing issuance of subpoenas to appear at certain hearings of the Liquor Licensing Authority Council Bill 321 was introduced on second reading by Mr DaviR, title read by the Clerk, Ordinance No 740 aRRigned Motion by Mr Davis for the approval of Council Bill 321 (Ordinance 740), seconded by Mrs Worth Motion by Mrs Snow to take out Rtatements (2) and (6), died for lack of Recond Original Motion carried 7-0 Item 6 Council Bill 322 - A Bill for an Ordinance enabling the Liquor Licensing Authority of the City of Wheat Ridge, Colorado, to impose a fine in lieu of the Ruspension of a Retail Liquor License Council Bill 322 waR introduced on Recond reading by Mrs Keller, title read by the Clerk, Ordinance No 741 assigned Motion by Mrs Keller for the approval of Council Bill 322 (Ordinance No 741), seconded by Mr Davis Motion by Mrs Snow to amend the Ordinance that payment of fine in lieu of sURpenRion Rhall not relieve the City Clerk of the duty of pORting of the premiReR of being guilty of a liquor violation, seconded by Mrs Worth Mr DaviR will vote NO, because if you are really interested in puniRhing the individual, then I'd levy the fine that would be equivalent to that punishment Sticking a sign in the window is really going to punish the perRon Failed 3-4 with CouncilmemberR Merkl, Worth, and Snow voting yes CITY COUNCIL MINUTES December 14, 1987 Page -4- Mr Merkl will vote No, because he feels this is just a way to put money in city coffers, if a person is guilty of a violation, they should have their license suspended Mrs Snow will vote No, because she $5,000 is right, disagrees with not carried 5-2 with Mr Merkl and Mrs doesn't think the upper limit of posting the property Motion Snow voting No Motion by Mr Merkl to suspend the Rules and go past 11 00 P m and finish the agenda in its entirety, seconded by Mrs Keller, carried 6-1 with Mr Davis voting No ORDINANCES ON FIRST READING Item 9 Council Bill 325 - An ordinance creating the City of Wheat Ridge Special Improvement District No 1987-1, in the City of Wheat Ridge, Colorado, ordering the construction and installation therein of certain street paving, curb and gutter improvements, and storm drainage improvements, together with necessary incidentals, providing for the issuance of bonds for payment of part of the cost of improvements, and providing other details in connection with the district Council Bill 325 was introduced by Mr Merkl on first reading, title read by Clerk Motion by Mr Merkl that Council Bill 325 be approved on first reading, ordered published, public hearing be set for Monday, December 28, 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 Mrs Keller, carried 7-0 Item-12- Council Bill 326 - An ordinance amending Appendix A of the Code of Laws of the City of Wheat Ridge by the addition of a new Section 26 concerning Vested Property Rights Council Bill 326 was introduced on first reading by Mr Davis, title read by the Clerk Motion by Mr Davi~ to table this item until the January 4, 1988 Study Session, seconded by Mr Merkl, carried 6-1 with Mr Merkl voting No DECISIONS, RESOLUTIONS, AND MOTIONS Item-1.l_ Resolution 1066 - accepting the offer of Grant Funding from the State of Colorado, Department of Highways, Division of Highway Safety, for the establishment of a Selective Traffic Enforcement Program Resolution 1066 was introduced by Mrs Keller, title read by the Clerk Motion by Mrs Keller for the adoption of Resolution 1066, seconded by Mrs Worth, carried 6-1 with Mr West voting No CITY COUNCIL MINUTES December 14, 1987 Page -5- Item 12. Resolution 1067 - providing that staff have either the day before Christmas or the day before New Years off Resolution 1067 was introduced by Mrs Snow, title read by the Clerk Motion by Mrs Snow for the adoption of Resolution 1067, seconded by Mrs Worth Mr Merkl will vote No, because he doesn't feel this can be justified Mr Davis agrees with Mr Merkl, he feels the cost is too high Mr West moved that if this passes, it be taken as leave without payor vacation time Motion failed for lack of second Vote on original motion carried 4-3 with Councilmembers Merkl, Davis, and West voting No Item-11- Resolution 1068 - re Worker's Compensation Resolution 1068 was introduced by Mrs Motion by Mrs Ibbison for approval this item at at Study Session at 6 30 the Regular Meeting, seconded by Mrs Ibbison, title read by the Clerk Motion by Mr Merkl to discuss p m on December 28, 1987 before Worth, carried 7-0 Item-1~_ Motion that the owner(s) of Applewood Hills Subdivision be required to escrow monies in lieu of construction Motion by Mrs Ibbison that the owner(s) of Applewood Hills Subdivision be required to escrow monies in lieu ~f construction as follows A For West 32nd Avenue Improvements 100% of estimated cost of improvements adjacent to Lots 6 and 7 shall be escrowed with the City, to be used to offset the cost of reconstruction of West 32nd Avenue when reconstruction of West 32nd Avenue is under- taKen by the City B For Parfet Street 125% of estimated costs of improvements adjacent to Lots 4 and 5 shall be escrowed with the City, prior to issuance of Certificates of Occupancy for those respective lots The escrow shall be for a period of six months, after which time, the City may use the escrowed money to construct such improvements, seconded by Mr West, carried 7-0 Consent Agenda Item 15 A) Motion to ratify payment of $2,883 for moving costs of Michael Smith from Wheat Ridge, to be charged to Acct No 03 to United Warrensburg, 01-106-798 Van Lines MO to B) Motion that Sellards and Grigg be directed to begin final design work for the West 48th Avenue Special Improvement District, with the understanding that they will suspend work at any time the City directs and that the City would only be liable for the actual work completed C) Motion to appoint Jean Hughes and Sandie Wiggins to the Election Commission for a term of two years CITY COUNCIL MINUTES December 14, 1987 Page -6- D) Motion to award the contract for Chain Link Fence at various locations to Taylor Fence Company in the total amount of their bid of $7,474 16 with all costs charged to Account Number 01-603-774 E) Motion re 1988 Janitorial Services (see attached) Motion by Mr Merkl to adopt the Consent Agenda as printed, seconded by Mr West, carried 7-0 CITY ADMINISTRATOR MATTERS Mike Smith asked that Mr Lamm be allowed to come to the January 4, 1988 Study Session to describe Special Improvement Districts process in detail He asked for an Executive Session at the end of the meeting to di~cuss land purchases CITY ATTORNEY'S MATTERS John Hayes discussed two Ordinances in packet under "Information Only" One Ordinance amending Section 5-94 1 needs to go back to the drawing board Nuisance Ordinance came about as a result of some concerns from the enforcement division through a discussion with Land Development Regulations Task Force He addressed a meeting with Governor Romer that he and the Mayor attended on State Wide Economic Development Plan ELECTED OFFICIALS' MATTERS Randy West spoke to the fact that Judge Zarlengo is not up for reappointment and moved that the City Council authorize that a large evergreen tree be purchased and planted at the driveway entrance area to the Municipal Building, which tree would be dedicated in Judge Zarlengo's honor Further moved that each year this evergreen tree be decorated with seasonal decorations and that an appropriate civic ceremony be held to light those decorations and that Judge Zarlengo be mentioned and honored at each such ceremony, seconded by Mrs Worth, carried 7-0 Motion by Mrs Ibbison to look ahead to about February and see if the City would consider scheduling a day in which we would bring in representatives of all the Service Districts in the City and take a look at what their projected l-year and 5-year plans are, and see if some things can be consolidated with our Public Works for more cooperation between the service districts, seconded by Mrs Snow, carried 7-0 Motion by Mrs Snow to bring in an amendment to the Wheat Ridge election law to provide for an automatic recount in the case of a difference of 2%, seconded by Mr Merkl, carried 7-0 She addressed the request of the City Administrator to have an Executive Session on land acquisition in the confidential memo CITY COUNCIL MINUTES December 14, 1987 Page -7- She stated that per uur charter, merits of discussing land purchases must be discussed openly Only appraisals can be discussed in Executive Session Mr Hayes stated they simply want to know if City is interested in pursuing this Council Consensus was for staff to pursue the possibility of acquiring the land next to the Public Works Shops Kent Davis discussed a call he had with Mr Jarvis about the City requiring them to do the survey work on 39th Place Mr Minetor stated that was for a deed for the City Mayor Wilde stated that he has received information from at least 5 Councilmembers that we will not interview City Attorney applicants Will meet at 6 30 on December 17 to design questions for judge applicants Motion by Mr Merkl to adjourn Meeting adjourned at midnight )' -AI -/J {, i~...... / _ ~ {i.?'", Wanda Sang, City Cle~ APPROVED BY CITY COUNCIL ON DECEMBER 28, 1987 BY A VOTE OF 5 TO -- o r (\ . .', ~~---C~'--.:-..~ Kent Davis, Council President if' \ \ , I \'-' "\'-' ' , _J