HomeMy WebLinkAbout06/27/1988
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
June 2L-l988
The City Council Meeting was called to order by the Mayor at 7 30 p m
Councilmembers present Kent Davi~, Dori~ Ibbi~on, Larry Merkl, Moe
Keller, Nancy Snow, Randy West, ani Clauiia Worth Tony Flasco was
absent due to illnes~ AI~o present City Clerk, Wanda Sang, City
Administrator, Mike Smith, City Attorney, John Hayes, City Treasurer,
Jim Malone, Acting Public Work~ Director, Bob Goebel, Director of
Planning & Development, Glen Gidley, Chief of Police, Howard Jaquay,
~taff, and intere~ted citizens
PROCLAMATIONS AND CEREMONIES
Presentation of Plaques to various Board and Commi~~ion members
Mayor Wilde presented Plaques to Albert Goodson, Duane Chesley, Ed
Pinson, Louie Fa~ulo, and Ralph Branstetter
He also presented a Resolution Plaque to retiring Chief of Police,
Howard Jaquay
APPROVAL OF MINUTES of June 13, 198B
Motion by Mr Merkl for the approval of the Minutes of June 13, 1988,
seconded by Mr West, carried 7-0
CITIZENS' RIGHTS TO SPEAK
Erlene Hulsey, 11755 W 30th Place, invited Council to the 4th of July
Fe~tival of the We~t, held on July 3 and 4
Walter Deibert and Janice Deibert, 3280 Yarrow Street, referred to the
June 13 Council Meeting, regarding Mr Frens, and asked that Council
require him to put up an 8 foot fence
Motion by Mrs Worth to reconsider this at the next regular meeting,
~econded by Mrs Snow
Mr Merkl will vote No on the recon~ideration because he feels it is
unreasonable to expect a body shop to cease existing because someone
rents an apartment and they work at night and sleep during the day
Mike Graber, 7401 Grandview, attorney for Mr Frens, stated that Mr
Frens was perfectly willing to install an 8 foot fence and mentioned
numerous improvements that Mr Frens had already made
Mrs worth withdrew her previous motion and moved that the Site Plan for
the Frens property be amended to show an 8 foot fence running from the
southern end of the property to the northern property line of the
Deibert property from north to south, also requested Mr Graber to go
to the Board of Adju~tment for an 8 foot variance on the R-2 property
that we have no authority over, and that we reconsider this for those
stipulations, seconded by Mrs Snow, carried 7-0
CITY COUNCIL MINUTES
June 27, 1988
Page -2-
Mr Hayes asked that after Public Hearings three additional items be
considered, that he had brought in tonight One Ordinance on first
reading and two Resolutions accepting deeds of the real property
necessary to complete the We~t 48th Improvement Di~trict
Motion by Mrs Worth to amend the agenda and have Item 6, 7, and 8 to
address Mr Haye~ subject~ and renumber the re~t of the Agenda; seconded
by Mrs Ibbi~on, carried 6-1 with Mr Davis voting No
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
Council Bill No 348 - An Ordinance providing for the approval
of a Special Use Permit to allow the storage of operable and
inoperable vehicle~ in an Industrial Zone on land located at
5074 Tabor Street, City of Wheat Ridge, County of Jefferson,
State of Colorado
(Case No SUP-88-2) (Waymon Griffin)
Council
read by
ca~e
Bill 348 wa~ introduced on second reading by Mr Merkl, title
the Clerk, Ordinance No 766 assigned Mr Gidley presented the
James A Beckwith, 4851 Independence, attorney for applicant, was
present and sworn in by the Mayor, and presented the applicant's case
Carl Bennett, Board Member of Baptist Home Association, 4800 Tabor, was
sworn in by the Mayor He stated that they are going through a major
expansion and that Mr Griffin's type of business in this neighborhood
is going to make their marketing very difficult
Bob Vermillion, representing the Lakemont Center, property directly
south of Mr Griffin's property, stated that the present use of the
property in question has an adverse impact on the marketing of
Lakemont Center
Motion by Mrs Snow to adjourn for a fact finding session, seconded by
Mrs Keller, carried 7-0
Mrs Snow stated that the City Council finds first that, in compliance
with the prior determination of the Board of Adjustment, this property
is eligible for a Special Use Permit However, I move that Case No
SUP-88-2, a request for a Special Use Permit to allow the storage of
operable and inoperable vehicles at 5075 Tabor, be denied for the
following reasons 1 It is incompatible with adjacent land use and
zoning 2 It is contrary to the goals and objectives of the
Comprehensive Plan to allow only high-quality, well-planned industrial
developments in this area 3 Staff recommends denial, seconded by
Mrs Worth And with the following condition however that the use be
allowed to remain for 6 months to allow the owner to find an alternative
property, second agreed Mr Merkl will vote against this motion He
feels that if this property were used as a storage area only and not for
dismantling yard, the use could be made compatible with the area
Motion carried 6-1 with Mr Merkl voting No
CITY COUNCIL MINUTES
June 27, 1988
Page -3-
Item 2.
Council Bill No 349 - An Ordinance providing for the approval
of a Special U~e Permit for gasoline sales with a Site Plan on
land located at 3805 Kipling Street, City of Wheat Ridge,
County of Jefferson, State of Colorado
(Ca~e No SUP-88-3) (Amoco Oil Company)
Council
read by
case
Bill 349 wa~ introduced on second reading by Mr Davis, title
the Clerk, Ordinance No 766 assigned Mr Gidley pre~ented the
Steve Murray, 6920 S Holley Circle, representing the applicant wa~
present and sworn in by the Mayor
Motion by Mr Davis that Case No SUP-88-3, Ordinance 766, an
application by Amoco Oil Company for a Special Use Permit for Gasoline
Sales with a Site Plan on land located at 3805 Kipling Street be
approved for the following reasons 1 The existing gas ~tation i~
non-conforming and is compatible with surrounding land uses and zoning
2 The existing and proposed land uses conform to the Comprehen~ive
Plan 3 The proposed site plan, Exhibit A, contain~ the required
amount of parking and landscaping 4 The proposed landscape buffers
are adequate for the exi~ting and future neighboring land uses and it i~
expected that these neighboring properties will be developed for
commercial purposes With the following conditions 1 The Special
Use Permit is for gasoline ~ales only 2 The property will be
developed according to the attached ~ite plan, Exhibit A, seconded by
Mr We~t
Mrs Snow asked that this be split, because, like the Planning
Commission, she would like to vote in favor of the Special Use Permit,
which she feels they have a right to have, and again~t the waiver of the
landscaping
Mr Davis will not split the motion
Mrs Snow will then vote against the motion because she feels quite
strongly that we should not waive the landscaping requirements, although
she is in favor of the Special U~e Permit
Mrs Worth will vote No becau~e she feels the landscaping should not be
waived and they are overbuilding
Motion failed 4-3 with Councilmembers Keller, Worth, and Snow voting No
Motion by Mrs Keller that Case No SUP-88-3 be approved for the
following reasons 1 The existing ga~ station i~ non-conforming and
i~ compatible with ~urrounding land uses and zoning 2 The existing
and proposed land uses conform to the Comprehensive Plan With the
following condition 1 The Special Use Permit is for gasoline sales
only, seconded by Mrs Snow, carried 7-0
Motion by Mr~ Snow if applicant wi~hes to bring in an alternate design
they do not have to pay the application fee again, seconded by Mrs
Keller Mrs Worth will vote no, because this still takes staff time
Motion carried 5-2 with Mrs Worth and Mr Davis voting No
CITY COUNCIL MINUTES
June 27, 1988
Page -4-
Item 3
Council Bill 353 - An urdinance 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 on second reading by Mrs Snow, title
read by the Clerk, Ordinance No 767 assigned
Edith Butterfield, 4240 Harlan, wa~ ~worn in by the Mayor and spoke
against adoption of this Ordinance
Motion by Mrs Snow for the adoption of Council Bill 353 (Ordinance No
767) on second reading, seconded by Mr West, failed 4-3 with
Councilmembers Merkl, Davis, and Ibbison voting No
Item 4. A)
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 purpose~ of providing
funding for the construction for various drainage and ~treet
improvements, prescribing the form of bond, providing other
detail~ and covenants concerning the bonds and the City's sales
tax, and ratifying all actions heretofore taken in connection
therewith
Council Bill 354 wa~ introduced by Mr
read by the Clerk, Ordinance No 767
Merkl on second reading, title
assigned
Motion by Mr Merkl for the adoption of Council Bill 354 (Ordinance No
767) on second reading, and order it published, and it take effect 45
days after final publication, seconded by Mrs Worth, carried 7-0
B)
Re~olution 1094 - approving and authorizing the Mayor and City
Clerk to execute an Agreement between the City of Wheat Ridge,
Fir~tbank Holding Company, and Coughlin & Company, Inc ,
relating to the issuance of $2,990,000 00 of Sales Tax Revenue
Bond~ Series 1988
Resolution 1094 was introduced by Mr Merkl, title read by the Clerk
Motion by Mr Merkl for the adoption of Resolution 1094, ~econded by
Mrs Snow The title has to be changed to read "Fir~t Bank of Wheat
Ridge" and the words "Firstbank Holding Company" be stricken Motion
carried 7-0
CITY COUNCIL MINUTES
June 27, 1988
Page -5-
Item 5. Council Bill 355 - An Ordinance amending Chapter 5A, Elections,
by amending certain sections to comply with the provisions of
the "Campaign Reform Act" as from time to time amended by the
Colorado General Assembly, and by adding an Article III,
Recount, to said Chapter 5A
Council Bill 355 wa~ introduced on second reading by Mrs Snow, title
read by the Clerk, Ordinance No 768 assigned
Motion by Mrs Snow for the adoption of Council Bill 355 (Ordinance No
768) on second reading, take effect 1 day after final publication,
seconded by Mr West, carried 7-0
ORDINANCES ON FIRST READING
Item 6
Council Bill 356 - An Ordinance authorizing the conveyance of
certain real property owned by the City, declaring the property
excess property, and approving the Special Warranty Deed
conveying said property to Joseph F Lombardi
Council Bill 356 was introduced by Mrs Worth on first reading, title
read by Clerk Motion by Mrs Worth that Council Bill 356 be approved
on first reading, ordered publi~hed, 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 1 day after final
publication, seconded by Mrs Snow, carried 7-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 7. Resolution 1096 - accepting a Warranty Deed to certain real
property situated in the City of Wheat Ridge, County of
Jefferson, State of Colorado, from the Prudential Insurance
Company of America
Resolution 1096 was introduced by Mr Merkl, title read by the Clerk
Motion by Mr Merkl for the adoption of Resolution 1096, seconded by
Mrs Keller, carried 6-1 with Mr Davis voting No
Item 8. Resolution 1097 - accepting a Warranty Deed to certain real
property ~ituated in the City of Wheat Ridge, County of
Jefferson, State of Colorado, from Waugaman Associate~, Inc
Resolution 1097 was introduced by Mr Merkl, title read by the Clerk
Motion by Mr. Merkl for the adoption of Resolution 1097, seconded by
Mrs Keller, carried 6-1 with Mr Davi~ voting No
Motion by Mr Merkl to su~pend the Rules and go pa~t 11 00 pm,
seconded by Mrs Snow, carried 7-0
CITY COUNCIL MINUTES
June 27, 1988
Page -6-
Item 9. Presentation by Ruth Howard and Larry Muniz on drug coalition
(po~tponed from June 13, 1988)
Ruth Howard, Larry Muniz, and Judy Lucero, Council Member from
Edgewater, briefed Council on the coalition
Item 10 Deci~ion regarding Right-of-Way Dedication - Case No WD-87-2
Motion by Mr Davi~ that Ca~e No WD-87-2, a request for approval of a
right-of-way dedication for West 39th Place between Harlan and Ingall~
Court be approved for the following rea~on~
1 Planning Commi~sion and staff recommend approval 2 It has
functioned as public right-of-way for many years 3 All property
owners agree to the dedication With the following conditions
That the street be designated as a forty-foot wide alley 2 That the
money the adjacent residents have been paying for the right-of-way be
con~idered as a portion of the payment for improvements of this street,
seconded by Mr Merkl
George Jarvis, 13260 W 16th Drive, Golden, was sworn in by the Mayor
and spoke in favor of this project He complimented staff on all the
work they had done He a~ked if the street could remain 39th Place and
not be changed to "alley" He questioned if condition 2 could be
removed from the motion
Mr Davis changed his motion and second agreed that the money the
adjacent re~idents have been paying for the right-of-way be payment
for improvements of this street
Motion carried 8-0
(Mr FIasco had left a yes vote for this item)
Item-1l Decision regarding waiver of Section 21-13 of the Code of Laws
Mike Smith informed Council that the Jefferson County Library had
requested the above referenced waiver Should Council wi~h to do so, a
motion would be in order, if not, no motion was necessary
No motion wa~ made
Item 12 Resolution 1095 - authorizing appointment of Deputy City
Treasurer (Michael J Smith)
Motion by Mrs Keller that Michael J Smith be appointed Deputy City
Treasurer and that Resolution No 1095 be approved authorizing this
appointment, seconded by Mrs Snow, carried 8-0 (Mr Flasco left a ye~
vote)
Item 11 Contract Award for 37th Avenue and Holland Drainage Project
Motion by Mr West that the contract for the 37th Avenue and Holland
Drainage Project be awarded to Wycon Construction Company in the amount
of their bid of $423,062 15 plu~ a 15% contingency for a total of
$486,522 I further move a force account of $10,000 be established for
work done by others and the Director of Public Works be authorized to
sign all change orders All costs to be charged to Acct No
31-302-841, seconded by Mrs Worth, carried 7-0
CITY COUNCIL MINUTES
June 27, 1988
Page -7-
CITY ADMINISTRATOR MATTERS
Mike Smith referred to his memo of June 27 regarding Change Urders for
Splashpool/Water Slide Construction Project
Motion by Mrs Worth that staff be authorized to administratively
transfer $2,000 of the 5% contingency for the High Country Pool contract
to the 5% contingency fund for the Valle Del Rio contract, ~econded by
Mrs Keller, carried 5-2 with Mr Merkl and Mr Davis voting No
Mike Smith congratulated all who had worked so hard to get the DDA
~igned last week He asked if the July 5 Study Ses~ion would be held as
scheduled or on an alternate date
Motion by Mrs Keller to postpone the July 5 Study Session and to hold
it on July 18, 1988 instead, seconded by Mrs Worth, carried 7-0
CITY ATTORNEY'S MATTERS
John Hayes reported that we had the closing for the bond issue on the
Special Improvement Di~trict last Friday The money i~ in the City's
account
Last Tue~day was the Goracke trial, he felt it went a~ well as a trial
at that court level can go The matter is under advisement right now
He has been working with Chief Jaquay on a metropolitan high-speed chase
policy that is being proposed by the Denver and Aurora Chiefs He ha~
advi~ed the Chief not to sign that policy
He handed out the motion that was filed on the Currier matter, asking
the Court for a decision
He a~ked for an executive ses~ion regarding some billboard~
Motion by Mrs Keller to hold an Executive Session under Section 5 7
(b)(1)(B) of the Charter, seconded by Mr Merkl, carried 7-0
ELECTED OFFICIALS' MATTERS
City Clerk, Wanda Sang, a~ked Council to set a date for Sundance West
Liquor hearing
Motion by Mrs Snow to hold the hearing on Wednesday, July 20, 1988 at
7 00 pm, seconded by Mrs Keller, carried 6-1 with Mr West voting No
Larry Merkl asked Mr Goebel for an update on We~t 44th Avenue around
Ward Road Mr Goebel stated he felt thi~ might take until the middle
of Augu~t The State Highway Department i~ in charge of this
construction Mr Goebel will draft a letter regarding this matter
CITY COUNCIL MINUTES
June 27, 1988
Page -8-
Moe Keller attended the fir~t of a series of meetings sponsored by RTD
and the City of Arvada on the feasibility of rapid tran~it along the
Wadsworth corridor
Kent Davis stated he received a letter from Mountain Bell regarding a
rate increase This could be put on a study session
Motion by Mrs Snow that the City of Wheat Ridge take a stand in
opposition to Mountain Bell's suggestions, seconded by Mrs Worth,
carried 4-3 with Councilmembers Keller, Davi~, and Ibbison voting No
Mrs Ibbison voted no because of the complicated formula that this is
and because she feel~ this needs to be aired so that people will not
blindly go in and ~upport it
Mrs Ibbison asked Joe Cassa for an update on the ambulance service
agreement He went briefly over some changes in the agreement He gave
Council a copy of the RFP
Motion by Mrs Snow to add one more community member to the EMS Board,
seconded by Mrs Worth, carried 4-3 with Councilmember~ Merkl, Davis,
and Ibbison voting No
Mrs Ibbison asked if the Fireworks Ordinance would be enforced this
year
Motion by Mr West to adjourn after the Executive Session, ~econded by
Mr Merkl, carried 7-0
EXECUTIVE SESSION WAS HELD.
Meeting adjourned at 12 12 a m
('7
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f t~ Ie L.:- -/- ) t",..."
Wanda Sang, CIty p'lerk
APPROVED BY CITY COUNCIL ON JULY 11, 1988 BY A VOTE OF
5 TO
o
~J- /J~~
Kent Davis, Council President