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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 ! I / ) 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