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HomeMy WebLinkAbout06/13/1988 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO June 13, 1988 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Kent Davi~, Tony FIasco, Doris Ibbison, Larry Merkl, Moe Keller, Nancy Snow, Randy West, and Claudia Worth Also present City Clerk, Wanda Sang, City Administrator, Mike Smith, City Attorney, John Hayes, Chief of Police, Howard Jaquay, Acting Public Works Director, Bob Goebel, Director of Planning & Development, Glen Gidley, Director of Parks, Richard Bredt, staff, and interested citizens APPROVAL OF MINUTES of May 23, 1988 Motion by Mrs Ibbison for the approval of the Minutes of May 23, 1988, seconded by Mr West Mrs Worth asked that on page 4, Council Bill 342, Ordinance 757, be added "Mrs Worth asked Chief Jaquay if thi~ Ordinance was enforceable, he stated it was" Motion carried 8-0 CITIZENS' RIGHTS TO SPEAK There was no one present to speak LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item-1~ Public Input on Special Events Permit for Sts Peter and Paul Church There wa~ no one present to speak Item 2. Application by Patzcuaro, Inc , dba Re~taurante Taqueria Patzcuaro, 7000 W 38th Avenue, Wheat Ridge, for a new Hotel & Restaurant Liquor License with Extended Hour~ Motion by Mr Merkl to waive the survey requirement on this property since it previou~ly held a Hotel & Restaurant Liquor License and the needs and desires of the neighborhood were already established I further move that the public hearing on thi~ application be held on July 11, 1988, seconded by Mrs Ibbison, carried 8-0 Item 3. Application by Ingrid Hunt, dba Alpen Haus Cafe & Sandwich Shop, 4980 Kipling Street, #12, Wheat Ridge, for a new Beer & Wine Licen~e Motion by Mrs Keller that the neighborhood be set at a 1-mile radiu~, that a survey to establish the needs and desires of the neighborhood be taken, and that the public hearing on thi~ application be held on July 11, 1988, ~econded by Mr West, carried 8-0 CITY COUNCIL MINUTES June 13, 1988 Page -2- Item 4 Motion to set a Hearing for alleged Liquor Violation at Jolly Jack Liquors Motion by Mrs Worth that a Notice of Hearing and Order to Show Cause be executed by the Mayor and City Clerk and be for July 25, 1988, at 6 30 pm, based upon the attached Offense Report, seconded by Mr issued to Jolly the allegations Davis, carried Jack Liquors contained in 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 5. Public comments, suggestions and requests regarding 1989 City Budget Peter Porsi, 10120 W 32nd Avenue, was sworn in by the Mayor and spoke against using funds for 32nd Avenue, strongly urged Council to pay attention to 1300 signatures conveying the needs and wants of their neighborhood, suggested using City funds for more crucial items William Clark, 3205 Moore Street, was sworn in by the Mayor and suggested Council only allocate funds to repair existing streets rather than spend taxpayers money on unwanted and unneeded expansion of the street system Louise Turner, 11256 W 38th Avenue, was sworn in by the Mayor and made the following statements She does not want the City to buy Time Square, Bonding Project, later on the Agenda tonight, should go to a vote of the people and not be decided by Council, use more Open Space funds for preserving Open Space, thanked Council for purchasing the 1 acre at 38th and Owens, don't escalate the cost of parks--hold down the amount of development, don't use any more red brick like the one used on 44th Avenue, it begins to decay within 3 or 4 months, or whenever the first frost hits after it has been put in, stop rescinding and rewriting ordinances, costs for attorney and publication costs are high, drainage funds should be used for drainage and not subterfuge for street widening, streets should just be maintained, provide a warning system for Lena Gulch area She urged to lessen the cost of government Item 6 Council Bill 344 - An Ordinance repealing and reenacting various sections of Chapter 13 of the Code of Laws of the City of Wheat Ridge, relating to nuisances and nuisance abatement Council Bill 344 was introduced read by the Clerk, Ordinance No City Attorney, John Hayes, went ordinance, that had been agreed Council consensus by Mr Merkl on second reading, title 760 assigned over some of the changes of this upon during the June 6 Study Session by Phyllis Lancaster, 4076 Everett Street, was sworn in by the Mayor and spoke in favor of the Ordinance as amended She voiced her concerns about big commercial dumpsters in residential neighborhoods Don Lancaster, 4076 Everett Street, was sworn in by the Mayor He complimented Mr Hayes on the Ordinance and spoke in favor CITY COUNCIL MINUTES June 13, 1988 Page -3- Dougal Graham, 3330 Cha~e Street, feels that although the Ordinance has been improved, it i~ too long, in fact is almo~t trivial, he was concerned that after notice is given, the City may enter on the premises after a specified period of time and abate the nui~ance, feels there is no nuisance until a court of law has determined there i~ a nuisance Mayor Wilde read a letter ~igned by 12 residents in favor of this Ordinance into the record City Clerk, Wanda Sang, read a letter from a resident in opposition into the record Motion by Mr Merkl for the adoption of Ordinance 760 on second reading with the amendments as set forth and read by the City Attorney as part of the Ordinance, seconded by Mrs Keller Motion by Mr~ Worth to amend the Ordinance under Sec 13-5 (a)(3) to read "that in the event the violation cited in the notice to abate and/or summons and complaint is abated within thirty (30) days from the date. ", seconded by Mrs Snow, Failed 3-5 with Councilmember~ Worth, Snow, and Ibbison voting yes Motion by Mrs seconded by Mrs Snow voting yes Worth to change that same Section to fifteen (15) days, Snow, Failed 3-5 with Councilmembers FIasco, Worth, and Motion by Mr FIasco that on page 16, Sec 13-15(e) should read Section shall not apply to ambulances or other emergency vehicles Strike "operated by the City or any fire protection district " "this " Mr Merkl accepted this as a friendly amendment Motion by Mrs Snow to amend the Ordinance that under Section 13-16 Weed Control be added a subsection (e) to read "It shall be unlawful and shall be deemed a nuisance for the owners of all properties within the City to allow weeds to grow on the adjacent street right-of-way to a height of more than twelve (12) inches" Seconded by Mr. West, carried 7-1 with Mr Davis voting no Motion by Mrs Snow to delete subparagraph (b) in Sec 13-12, seconded by Mrs Worth, Failed 2-6 with Mrs Snow and Mrs Worth voting yes Motion by Mr FIasco that in Sec 13-12 (b) the words "in odor" be removed, seconded by Mr~ Keller, carried 6-2 with Councilmembers Worth and West voting No Motion by Mrs Snow to amend Sec 13-12 (d) to take out "to become offensive in odor, offen~ive to sight", seconded by Mr~ Worth, Failed 2-6 with Councilmember~ Snow and Worth voting yes Mr Merkl called for the question, seconded by Mr Davis, carried 5-3 with Councilmembers Keller, Worth, and Snow voting No CITY COUNCIL MINUTES June 13, 1988 Page -4- Vote on the original motion carried 7-1 with Mrs. Snow voting No, because there are three or four paragraph~ which overreach the authority of the City and which are too general and can be used a~ a vehicle for harrasment by one neighbor against another, something which i~ offensive in sight or smell or hearing and I think the City has gone too far Item 7. Council Bill 345 - An Ordinance repealing and reenacting Sections 14-67 and 14-68 of the Code of Laws of Wheat Ridge and, thereby, making it unlawful to attempt to violate the Code of Laws, to aid another in an attempt to violate the Code of Laws, or to aid another in an actual violation of the Code of Laws Council Bill 345 was introduced on second reading by Mrs Keller, title read by the Clerk, Ordinance No 761 assigned Motion by Mrs Keller for the adoption of Council Bill 345 (Ordinance 761) on second reading, seconded by Mr West, carried 8-0 Item 8. Council Bill 346 - An Ordinance adding Section 14-42.3 to the Code of Laws of the City of Wheat Ridge and, thereby, making the possession of less than one ounce of Marijuana unlawful Council Bill 346 wa~ introduced on second reading by Mrs Worth, title read by the Clerk, Ordinance No 762 a~signed Motion by Mrs Worth for the adoption of Council Bill 346 (Ordinance 762) on second reading, seconded by Mrs Snow, carried 8-0 Item 9 Council Bill 347 - An Ordinance amending Sections 14-17 and 14-22 of the Code of Laws of the City of Wheat Ridge and creating municipal offenses for giving police officers false information regarding identity, and for making unwarranted calls to the City's emergency telephone numbers Council Bill 347 wa~ introduced on second reading by Mrs Snow, title read by the Clerk, Ordinance No 763 assigned Motion by Mrs Snow for the adoption of Council Bill 347 (Ordinance No 763) on second reading, seconded by Mr West, carried 8-0 Motion by Mr Merkl to move Item 11 before Item 10, seconded by Mrs Ibbison, carried 8-0 Item 11 Council Bill 351 - An Ordinance providing for the approval of a Special Use Permit for Major Mechanical and Auto Body Repair on land located at 9970-92 West 44th Avenue and 4388-90 Kipling Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-88-4) (Kenneth Frens) Council Bill 351 was introduced on second reading by Mrs Keller, title read by the Clerk, Ordinance No 764 assigned Mr Gidley presented the case Mike Graber, 7401 Grandview, Arvada, attorney for the applicant, was present and sworn in by the Mayor Speaking in opposition were Walter and Janice Deibert, 3280 Yarrow Street Both complained of noise and referred to the area as "junkyard" Kenneth Frens, 9615 Grandview Ave, Arvada, applicant, agreed to put another fence up to satisfy the adjoining property owners CITY COUNCIL MINUTES June 13, 1988 Page -5- Motion by Mrs Keller that Council Bill No 351 (Ordinance 764), a request for approval of a Special Use Permit to allow major mechanical automotive and auto body repair in a Commercial-One Zone on land located at 9970-92 West 44th Avenue and 4388-90 Kipling Street, be approved for the following reasons 1 Staff and Planning commission recommend approval 2 The Site Plan submitted supports the Special Use Permit and fulfills the requirements of the Wheat Ridge Code of Laws, Appendix A, Zoning Ordinance, Section 27 K , Site Plan approval within a Commercial Activity center 3 The applicant intends the use as a transitional use awaiting permanent redevelopment of his property With the following conditions 1 That the site be improved as shown on the attached Site Plan, Exhibit "A", seconded by Mr Merkl, carried 8-0 Item 10. Council Bill 350 - An Ordinanoe amending Appendix B, the Flood Plain Zoning Ordinance, of the Code of Laws of the City of Wheat Ridge, relating to Regulation of the 100-Year Flood Plain Council Bill 350 was introduced on second reading by Mr Merkl, title read by the Clerk, Ordinance NO 765 assigned Motion by Mr Merkl for the adoption of Council Bill 350 (Ordinance 765) on second reading, seconded by Mrs Keller Mrs Snow asked to add under Sections 5 3 and 6 5 buoyant, flammable, explosive "or any hazardous liquid or soluble matter which" , Mr Merkl accepted this as part of his motion Mrs Snow asked that under Section 6 6 a new subseotion P be added to read "P. All fences shall be designed so that the bottom portion, except for supporting fence posts, is elevated one foot above base flood elevation or in a breakaway design if approved by the Public Works Director". Mr Merkl accepted this as part of his motion Motion by Mr Merkl to amend the Ordinance to include all eight of the amendments suggested by City Attorney John Hayes, outlined in his memo dated June 13, 1988 (attached to these Minutes), seconded by Mrs Snow, carried 8-0 Motion by Mrs Snow to amend Section 8 1 E either under 1 or 2 to add "and that there be consideration of gravel extraction in accordance with the law (C.R.S. 3-4-1-301), seconded by Mr West, carried 8-0 Motion by Mrs Worth to add under Section 8 A a new subsection 3 to read "All administrative decisions require the property to be posted for 15 days. If no protests are filed, the permit may be issued. If a protest is filed, then a hearing before the Board of Adjustment will be scheduled", seconded by Mrs Snow, carried 5-3 with Councilmembers Merkl, Flasco, and Davis voting No Vote on original motion as amended carried 8-0 CITY COUNCIL MINUTES June 13,1988 Page -6- ORDINANCES ON FIRST READING Item 12 Council Bill 352 - An Ordinance vacating a portion of dedicated Urban Street, within the City of Wheat Ridge, County of Jefferson, State of Colorado Council Bill 352 was introduced by Mr Davis on first reading, title read by Clerk Motion by Mr Davi~ that Council Bill 352 be approved on first reading, ordered published, public hearing be set for Monday, July 11, 1988 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 West, carried 8-0 Item 13. Council Bill 353 - An Ordinance amending Chapter 12 of the Code of Laws of the City of Wheat Ridge and thereby prohibiting the parking of Motor Vehicles in Bicycle Pathways along roadways within the City of Wheat Ridge Council Bill 353 was introduced by Mrs Snow on first reading, title read by Clerk Motion by Mrs Snow that Council Bill 353 be approved on first reading, ordered published, public hearing be set for Monday, June 27, 1988 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, ~econded by Mr West, carried 8-0 Item 14. Council Bill 354 - An Ordinance providing for the i~suance by the City of Wheat Ridge, Colorado (The "City") of its Sales Tax Revenue Bonds, Series 1988, dated July 1, 1988, in the principal amount of $2,990,000, for the purposes of providing funding for the construction for various drainage and street improvements, prescribing the form of bond, providing other details and Covenants concerning the bonds and the City's sales tax, and ratifying all actions heretofore taken in connection therewith Council Bill 354 was introduced by Mr Merkl on first reading, title read by Clerk Motion by Mr Merkl that Council Bill 354 be approved on first reading, ordered publi~hed, public hearing be set for Monday, June 27, 1988 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 45 days after final publication, seconded by Mrs Ibbison, carried 7-1 with Mr FIasco voting No, because he feels this should go to the vote of the people Item 15. Council Bill 355 - An Ordinance amending Chapter 5A, Elections, by amending certain sections to comply with the provisions of the "Campaign Reform Act" a~ from time to time amended by the Colorado General Assembly, and by adding an Article III, Recount, to said Chapter 5A Council Bill 355 was introduced by Mrs Worth on first reading, title read by Clerk Motion by Mrs Worth that Council Bill 355 be approved on first reading, ordered published, public hearing be set for Monday, June 27, 1988 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on ~econd reading, take effect 15 day~ after final publication, seconded by Mrs Ibbi~on, carried 8-0 CITY COUNCIL MINUTES June 13, 1988 Page -7- DECISIONS, RESOLUTIONS, AND MOTIONS Item 16. A) Resolution 1089, creating the City of Wheat Ridge Special Improvement District No 1987-1, Bond and Interest Fund B) Resolution 1090, amending the City of Wheat Ridge 1988 Annual Budget c) Re~olution 1091, appropriating funds for expenditure Motion by Mrs Worth that Resolutions 1089, 1090, and 1091 be approved as submitted, seconded by Mr West John Hayes explained to Council how the remaining que~tion~ regarding properties in the Special Improvement District No 1987-1 were being ~ettled, but that the settlement on the Wagaman property had not been resolved Jack Waugaman, 32750 Invernes~ Drive, Evergreen, was sworn in by the Mayor and stated he did not agree with the appraisal and had a variety of other concern~ He expre~sed desire to come to some kind of agreement with the City Motion carried 8-0 Motion by Mr Merkl that at the Special Study Session on Monday, June 20, 1988, we hold a one item public hearing for decision on the Special Improvement District and that time John work on condition 3 with Mr Wagaman this week, if something is not decided, next Monday we look at option 2, seconded by Mr West, carried 8-0 Item 17. Resolution 1092 - authorizing reimbursement from the City of Wheat Ridge's attributable ~hare of the Jefferson County Open Space Fund for Parks and Open Space Development Motion by Mr Merkl that Resolution 1092 authorizing reimbursement from Jefferson County Open Space be approved, and the Mayor be authorized to sign the intergovernmental agreement entitled "Request for Reimbursement and Certification of U~e of Fund~" which is required by Jefferson County Open Space before reimbursement from the City of Wheat Ridge's attributable share can be released, seconded by Mr West, carried 8-0 Item 18. Contract Award for 32nd Avenue Rehabilitation Project~ Motion by Mr West that the contract for West 32nd Avenue Rehabilitation Project, Phase I, be awarded to Asphalt Paving Company, in the amount of their bid of $83,200 as bid for alternate #1, plus a 10% contingency for a total of $91,520 I further move that the force account of $2,500 be establi~hed for work by others on project and that the Director of Public Works be authorized to sign all change orders All costs to be charged to Account No 31-303-884, seconded by Mrs lbbison, carried 7-1 with Mr Flasco voting No CITY COUNCIL MINUTES June 13,1988 Page -8- Motion by Mr West that the contract for We~t 32nd Avenue Rehabilitation Project, Phase II, be awarded to Intermountain Resurfacing, Inc , in the amount of their bid of $23,400 plu~ a 10% contingency for a total of $25,740 and the Director of Public Works be authorized to ~ign all change order~ All costs to be charged to Acct No 31-303-884, seconded by Mr Merkl, carried 8-0 Item 19 Contract Award for SID Project, 48th Avenue - Kipling to Ward Road Motion by Mrs Ibbi~on that the contract for the 48th Avenue SID Project be awarded to Asphalt Paving Company in the total amount of their bid of $868,628 50 and that the $275,371 50 remaining in the bond after capitalized interest, be used to pay bond and legal fees, design and inspection fees, right of way cost~, and construction contingencie~ I further move that the Director of Public Works be authorized to sign all change orders All project costs are to be charged to Acct No 31-303-840, seconded by Mrs Worth, carried 8-0 Item 20. Contract Award for Patio Cover - Community Center Motion by Mrs Ibbi~on that the contract for the Patio Cover - Community Center be awarded to Dimension Builder~ in the amount of their bid of $6,625 plus a 5% contingency for a total of $6,956 I further move the Director of Parks and Recreation be authorized to sign all change order~ with all project costs charged to Acct No 53-602-799, seconded by Mr West, carried 8-0 Item 21. Presentation by Ruth Howard and Larry Muniz on drug coalition Mayor Wilde stated that this item had been postponed to June 27, 1988 Item 22 Di~cussion and deci~ion regarding compensation City Administrator, Mike Smith, discussed his memo of June 7, 1988, which was part of this packet, and answered Council's questions Motion by Mrs Worth to suspend the Rules and go past 11 00 P m and finish the Agenda, seconded by Mrs Keller, carried 5-3 with Councilmembers FIasco, Davis, and West voting No Motion by Mrs Worth that we do the salary ~tudy using CML and the Longmont Study, seconded by Mrs Snow, carried 8-0 CITY ADMINISTRATOR MATTERS Mike Smith informed Council that he had met with Mr Jerry Biehl and discussed his application for the ESTEP program This should come to Council sometime in July CITY COUNCIL MINUTES June 13, 1988 Page -9- CITY ATTORNEY'S MATTERS John Hayes passed out hi~ memo dated June 13, 1988 relating to the Mestecki property Motion by Mrs Keller that we not purcha~e the property under the schedule outlined in the memo, seconded by Mr Davis, carried 6-2 with Mr Merkl and Mrs Worth voting no Motion by Mrs Worth that we purchase the Mestecki property for $140,000 cash purchase in 1989, seconded by Mr Merkl Mr FIasco called for the question, seconded by Mr West, carried 5-3 with Councilmembers Keller, Worth, and Snow voting No Vote on original motion failed 2-6 with Councilmembers Merkl and Worth voting yes Motion by Mrs Keller that we approve discussions of purchasing of the Mestecki property in 1989 budget for $140,000 contingent upon a report from the City staff regarding how much money we will have in 1989 and what Capital Improvement projects are being scheduled for the next 5 to 10 years, seconded by Mrs Worth, Failed 3-5 with Councilmembers Merkl, Keller, and Worth voting yes Request for Executive Session under Section 5 7(A) of the Charter Motion by Mr Merkl that we hold an Executive Session under Section 5 7(A) of the Charter, seconded by Mrs Keller, carried 8-0 ELECTED OFFICIALS' MATTERS Motion by Mr Davis to hold a Special Study Session on June 20, 1988, 7 30 pm, seconded by Mrs Keller, carried 6-2 with Mr Flasco and Mrs Snow voting No Motion by Mrs Snow to adjourn after the Executive Session, seconded by Mr Merkl, carried 7-1 with Mrs Keller voting No EXECUTIVE SESSION WAS HELD Meeting adjourned at 12 00 midnight APPROVED BY CITY COUNCIL BY A VOTE OF ~~. ) , ,. of'......;....,.-<./. /JC!.c k" 1 Kent Davis, Council President 7 TO o ON JUNE 27, 1988 CIl....- OF WHEAT RIDGE - MEMOf-.NDUM To Mayor and City Council Council Bill 350, Flood Subject P lain Zoning Ordinance From John E Hayes, City Attorney June 13, 1988 Date Approved Date Mr Gidley and I, following additional consideration of the Flood Plain Ordinance presented to you as Council Bill No 350, would suggest that the following editorial changes be made to the Flood Plain Ordinance at the time of its final adoption 1 amended follows Section 1 1 Statutory Authorization should be by amending the second sentence thereof to read as "Therefore, the City Council of the City of Wheat Ridge, Colorado, acting pursuant to its powers and authorities granted and reserved under Article XX of the Constitution of the State of Colorado and the Home Rule Charter adopted thereunder, does hereby ordain as follows 2 Section 1 3 Public Obiectives to be Achieved should be amended by adding the following statement (which would appear prior to Subpart (A) "The City Council of the City of Wheat Ridge hereby finds it in the public interest, and in the furtherance of the public health, safety, and welfare, that the following objectives be fulfilled " 3 Section 2 0 as follows Definitions should be amended to provide "Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as give them the meaning they have in common usage, so as to be consistent with the definition given for the term in other portions of this Zoning Ordinance, and to give these regulations there most reasonable application 4 follows Section 3 1 Jurisdiction should be amended to read as "The provisions of this Flood Plain Ordinance shall apply to all lands, structures, and development within the flood regulatory district as defined on the official maps and the engineering reports of the City of Wheat Ridge " 5 Section 3 5 should be amended by adding at the end of the existing proposed section the following language "or the Charter or ordinances of the City of Wheat Ridge " 6 Section 3 6 Warning and Disclaimer of Liability should be amended to read as follows "The degree of flood protection intended to be provided by these flood plain regulations is reasonable for regulatory purposes and is based upon nationally recognized and/or published engineering and scientific methods of study " 7 addition sentence Section 8 3(E)(page 21) should be amended by the of the following sentence, which will become the third of said Subpart (E) "In the event the Flood Plain Administrator fails to render a decision within said thirty (30) days, it shall be deemed that the application is denied and applicant(s) shall have a right to appeal as provided herein 8 Section 10 1 should be amended to provide for possible imprisonment not to exceed one hundred eighty (180) days (thereby making the same consistent with all other provisions with the Code of Laws) In addition, the following provisions should be added to said Section 10 1 "In the event it becomes necessary for the City to bring an action to enjoin or abate any such violation of this Section 10 1, the City shall be entitled to recover, in addition to any fine or penalty imposed hereby, its costs of bringing said action and/or abating any such structure, building, fill or development placed or maintained within the flood regulatory district, which costs shall include attorneys fees as well as the actual costs incurred by the City " 2