HomeMy WebLinkAbout07/25/1988
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
July 25, 1988
The City Council Meeting wa~ called to order by the Mayor at 7 30 p m
Councilmembers pre~ent Kent Davi~, Tony FIasco, Doris Ibbi~on, Larry
Merkl, Moe Keller, Nancy Snow, Randy West, and Claudia Worth Also
present City Clerk, Wanda Sang, City Admini~trator, Mike Smith, City
Attorney, John Hayes, Public Works Director, Bob Goebel, Director of
Planning & Development, Glen Gidley, acting Chief of Police, Ed Ray,
~taff, and interested citizens
APPROVAL OF MINUTES of July 11, 1988
Motion by Mrs Keller for the approval of the Minutes of July 11, 1988
with correction, carried 7-0 with Mrs. Worth abstaining She had not
been present at the July 11 meeting
PROCLAMATIONS AND CEREMONIES
Mayor Wilde administered the Oath of Office to Janet Thompson,
Richards-Hart Advisory Committee Member
CITIZENS' RIGHTS TO SPEAK
Warren Johnson, 11b80 W 44th Avenue, stated that he is going through
the process of obtaining a zoning change, he ha~ deadlines to meet
and asked that ~taff be permitted to put him on an accelerated
schedule
Mr Gidley explained that ~chedule
Motion by Mr
fast-track for
carried 8-0
Merkl that the application by Warren John~on be put on a
the benefit of the applicant, ~econded by Mr FIasco,
Don Lancaster,
Wadsworth Blvd
addres~ sy~tem
Sunday morning
4076 Everett Street, remarked how nice the median on
looked He then complained about how loud the public
at the ~wimming pool wa~, e~pecially at 6 00 a m on
Phyllis Lanca~ter, 4076 Everett Street, also complained about
sy~tem and the possible destruction of the park by over-use
questioned why the pool ~till had no roof
the p a
She
Dorothy Thompson, 3014 Cha~e Street, would also like to see a cover on
the ~wimming pool She addressed the proposed ordinances on re~idential
zoning laws, 90 pages is too much to consider at one time, order has
been changed and previous input by a neighborhood ~roup is now out of
order
Louise Turner, 11256 W 38th Avenue, was also concerned about the
proposed change~ in the zoning code, there is not a lot of chance for
citizens to have input, amendments are much simpler than re-writing the
entire code, don't redesign the entire City of Wheat Ridge
July 25, 1988
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
CITY COUNCIL MINUTES
Page -2-
Item
Application for a Special Events Permit from Foothills
Detachment, Marine Corps League, Inc , to dispense 3 2% Beer at
the Wheat Ridge Carnation Festival
Motion by Mr FIasco to approve the Special Events Permit for Foothills
Detachment, Marine Corps League, Inc , at the location of the Wheat
Ridge Carnation Festival, High Court between West 38th & 39th Avenues,
to dispense 3 2% beer on August 19, 1988 from 4 00 p m to 11 59 pm,
on August 20, 1988 from 8 30 a m to 11 59 pm, and on August 21, 1988
from 11 00 a m to 5 00 pm, seconded by Mr Merkl
Daniel Brown, 4413 Teller Street, representing the Marine Corps, was
present and sworn in by the Mayor Mrs Ibbison asked that Mr Brown
meet with the City Clerk to go over the Beer Code
Motion carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Before the public hearings, a discussion regarding criteria for Local
Exempt Streets was held
Motion by Mrs Keller that "100 percent concurrence", be changed to "100
percent notification and opportunity for response", seconded by Mrs
Snow
Mrs Worth asked to amend the motion that there is "100 percent
notification and opportunity for response and that such petitions shall
be signed by the owners of more than 50 percent of the real property
fronting along that portion of the street and concurrence by the owners
of more than 50 percent of the real property along that portion of the
street, first and second agreed to this
Motion carried 7-1 with Mr FIasco voting No
Motion by Mrs Worth that criteria #4 be left out of the standards
altogether, seconded by Mr West, Failed 4-4 with Councilmembers
Keller, Worth, Snow, and West voting yes
Motion by Mrs Keller that traffic counts for any petition regarding
local exempt status be taken into account on an individual basis as they
come in, seconded by Mrs Snow, Failed 4-4 with Councilmembers Keller,
Worth, Snow, and West voting yes
Motion by Mrs Worth that traffic counts do not exceed 200 vehicles per
day on the petitioned segment be left in the criteria, seconded by Mrs
Snow, Failed 5-3 with Councilmembers Merkl, FIasco, and Ibbison voting
yes
Motion by Mr Davis to take this discussion and Item 2 to the next ~tudy
Session, seconded by Nr Merkl, Failed 4-4 with Councilmembers Merkl,
Davis, FIasco, and Ibbison voting yes Mrs Keller will vote No,
because this is not fair to the neighborhood who has been waiting for
this since March
CITY COUNCIL MINUTES
July 25, 1988
Page -3-
Motion by Mrs Snow under criteria #3 to say "no drainage problem~ exist
in the area of the petitioned ~egment that cannot be ~olved without curb
and gutter", seconded by Mr West, carried 6-2 with Councilmembers
FIasco and Davis voting No.
Motion by Mrs Snow to take out criteria #2 as an absolute, seconded by
Mrs. Worth, Failed 4-4 with Councilmembers Keller, Worth, Snow, and West
voting yes
Motion by Mrs Keller that criteria #2 reads "No curb, gutter and/or
sidewalk currently exist~ except at the corner~ of petitioned segment in
que~tion ", seconded by Mrs Snow, carried 6-2 with Mr FIasco and
Mr Davis voting No
Motion by Mrs Worth that criteria #1 be left in, seconded by Mrs
Keller, carried 6-2 with Mr FIasco and Mr Davis voting No
Motion by Mrs Keller that criteria for local exempt streets include
criteria 1 2 3 and 5 as amended, seconded by Mr~ Worth
Mr Davis will vote no on this because we have profes~ional staff that
we are just making a joke of
Mr Merkl will vote against this because we took out #4 and that is one
that staff recommended
Motion Failed 4-4 with Councilmembers Keller, Worth, Snow, and West
voting yes
Item 2. A request for approval to amend the Comprehen~ive Plan, Major
Streets Plan (Page V-26), from "Local" to "Exempt Local" for
Lamar Street between We~t 26th Avenue and West 29th Avenue
(Case No. WPA-88-1)
Mr Gidley presented the case
Ron Selstad, 2890 Lamar Street, was present and sworn in by the Mayor
He stated that he represented all 23 people on Lamar Street between 26th
& 29th Avenue~
Motion by Mrs Snow that Ca~e No WPA-88-1, a request to designate Lamar
Street between 26th and 29th Avenues, as an exempt local street, be
approved for the following reason~ 1 Adequate evidence was presented
that Lamar appears to be safe for traffic and pedestrians 2 No
drainage problems have been found by the public works staff 3 All
the residents on the street have petitioned in favor, seconded by Mrs
Worth, carried 5-3 with Councilmember~ Merkl, Fla~co, and Davi~ voting
No
Item 3. A request for approval to amend the Comprehen~ive Plan, Major
Streets Plan (Page V-26) from "Local" to "Exempt Local" for
Everett Drive between West 35th Avenue and Estes Street
(Ca~e No WPA-88-2)
Mr Gidley presented the case
Fred Walker, 3665 Everett Street, was sworn in by the Mayor
Motion by Mrs Snow that Case No WPA-88-2, a request to designate
Everett Drive between 35th and 38th Avenues, as an exempt local street
be approved for the following reasons
CITY COUNCIL MINUTES
July 25, 1988
Page -4-
The petitioned segment is currently designated as a local street on
the Comprehensive Plan 2 No curb, gutter, and ~idewalk currently
exists on the petitioned segment 3 No future capital improvement
drainage projects are required in the area and no drainage problems
exist in the area of the petitioned ~egment. 4 The street in it~
present condition i~ safe for traffic and pedestrians 5 There i~ 100
percent concurrence of the property owners fronting along that portion
of the street, ~econded by Mr West, carried 5-3 with Councilmembers
Merkl, Flasco, and Davis voting NO
ORDINANCES ON FIRST READING
Item 4. Council Bill No 356 - An Ordinance declaring certain property
owned by the City of Wheat Ridge to be excess property,
authorizing the conveyance of said property by Special Warranty
Deed, and further authorizing that ~aid property be dispo~ed of
pursuant to the provisions of a certain Agreement between
Waugaman As~ociates, Inc , Lake Front Partners, and the City of
Wheat Ridge
Council Bill 356 was introduced by Mrs Worth on first reading, title
read by Clerk Motion by Mr~ Worth that Council Bill 356 be approved
on first reading, ordered published, public hearing be ~et for Monday,
August 8, 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 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 5. Resolution 1098 - authorizing use of the public right-of-way by
the Wheat Ridge Carnation Festival, Inc , to post ~igns exempt
from regulation advertising the Wheat Ridge Carnation Festival
Resolution 1098 was introduced by Mr West, title read by the Clerk
Motion by Mr West for the adoption of Resolution 1098, seconded by Mrs
Keller, carried 8-0
Item 6. Resolution 1099 - approving Intergovernmental Agreement with
Colorado Department of Highways for the Federal-Aid Off-System
Hazard Elimination Project at 32nd Avenue and Youngfield Street
in Wheat Ridge, Colorado
Re~olution 1099 was introduced by Mrs
Motion by Mrs Keller for the adoption
Mr West, carried 8-0
Keller, title read by the Clerk
of Resolution 1099, seconded by
CITY COUNCIL MINUTES
July 25, 19b8
Page -5-
Item 7
Resolution 1100 - authorizing the use of a ~potlight by the
Wheat Ridge Carnation Festival, Inc at W 38th Avenue and High
Court on August 19th and 20th, 1988 from 9 00 P M to 11 00
P M exempt from Section 19A-14 05 of the Wheat Ridge Sign
Code
Mr Hayes stated that thi~ Re~olution did not need to be introduced In
reviewing this, he found thi~ did not need any action by the City If
thi~ is a search light, it i~ not allowed, if it is a ~pot light, it is
permitted
Mrs Ibbison ~ed to have Item~ 8 and 9 reversed in order, seconded by
Mrs Snow, carried 8-0
Item 8. Re~olution 1102 - pursuant to Section 14 2 of the Wheat Ridge
Home Rule Charter approving an Intergovernmental Agreement
between the City of Wheat Ridge, the Wheat Ridge Fire
Protection District, and Ambulance Service Company, relating to
the provision of Emergency Ambulance Services to residents
re~iding within the Wheat Ridge Fire Protection Di~trict, and
authorizing the Mayor and City Clerk to sign said
Intergovernmental Agreement
Commander Cassa gave presentation
Carl Unrein, 4585 S Fox, Englewood, of Ambulance Service Company, was
sworn in by the Mayor and an~wered Council's que~tions
Tom DuHamel, 4001 Chase Street, of Life Ambulance, wa~ sworn in by the
Mayor and answered Council's que~tions
Motion by Mrs Worth to suspend the Rules and go past 11 00 P m
finish the Agenda, seconded by Mrs Keller, carried 7-1 with Mr
voting No
and
Davis
Motion by Mr~ Snow that Re~olution 1102 be approved and that the Mayor
and City Clerk be authorized to sign said Intergovernmental Agreement
with the specific proviso that the company provide insurance that
regardless of the annual aggregate limit each patient transported i~
covered by a minimum of $500,000 insurance for both malpractice and
bodily injury, ~econded by Mr~ Keller
Mr FIasco moved to amend the motion by stating that on Page 9,
Subsection 14 , we delete the 14 1 and in~ert 14 1 from the RFP and
under 14 0 we delete the $500,000 combined single limit and insert 14 0
from the RFP and we delete 14 2 completely, ~econded by Mr Merkl,
Failed 4-4 with Councilmembers Merkl, Keller, Fla~co, and Davis voting
yes
Vote on original motion carried 6-2 with Mr Fla~co and Mrs Ibbi~on
voting No
CITY COUNCIL MINUTES
July 25, 1988
Page -6-
Item 9
Resolution 1101 - creating the Wheat Ridge Emergency Medical
Services (EMS) Advisory Committee
Motion by Mr. Merkl that we table Resolution 1101 indefinitely, seconded
by Mrs Worth, carried 7-1 with Mr FIasco voting No
Item 10. Disposition of City ambulances
Motion by Mr Merkl that we sell both City Ambulances to the Wheat Ridge
Fire Protection District for $1 00 each, seconded by Mr Davis
Mr FIasco will vote against the motion, he thinks $30,000 is high and
$1 00 is ridiculous, sell it at book value
Motion Failed 3-5 with Councilmembers Merkl, Davis, and Ibbison voting
yes
Motion by Mr FIasco that we offer
Department for half of the figures
amount to $15,500, seconded by Mrs
voting No
to sell the ambulances to the Fire
stated in the memo, which would
Snow, carried 7-1 with Mr Merkl
Item 11. Motion by Mrs Worth that the extra work required for the
38th and Harlan Drainage Project be approved, seconded by Mrs Ibbison,
carried 7-1 with Mr Davis voting No
Item 12. Motion by Mrs
01-607-795 to Account No
7-1 with Mr West voting
Worth to transfer $10,000
108-700-714, seconded by
No
from Account No
Mrs Keller, carried
CITY ADMINISTRATOR MATTERS
Michael Smith asked Council if they planned to continue to study the
Residential Ordinances at the next Study Session The answer was yes
He stated that the midyear report to Council on the City's financial
condition would be distributed later this week
CITY ATTORNEY'S MATTERS
John Hayes stated that he had
our Massage Parlor Ordinance
massage and this is something
massage parlor He suggested
the Code of Laws
been
Dr
that
that
approached by Dr Granger regarding
Granger is involved in therapeutic
is obviously not considered under the
we take out the entire Chapter 11 of
Motion by Mr Merkl to prepare an Ordinance to that effect at the
earliest possible time, seconded by Mrs Snow; carried 8-0
He stated that earlier today at the Liquor Hearing the two witnesses
were waiting in the Police Department and that their subpoenas had been
continued to August 8, 1988
CITY CUUNCIL MINUTES
July 25, 1988
Page -7-
He referred to Mike Smith's Mountain Bell memo, that was attached as
"Information Only" He had been contacted by another law firm and a~ked
Council if he should meet with them and di~cuss how much Wheat Ridge's
share of the legal fees would be
He asked for an Executive Ses~ion under Section 5 7 (b)(3) of the
Charter to consider Real Estate appraisal~
Motion by Mrs Keller to hold an Executive Ses~ion under 5 7(b)(3),
seconded by Mrs Snow, carried 5-3 with Councilmembers Davis, Fla~co,
and West voting No
ELECTED OFFICIALS' MATTERS
Motion by Mr Merkl for adjournment immediately after the Executive
Session, seconded by Mrs Keller, carried 7-1 with Mr Davis voting No
Tony FIasco asked why the laws on the books were not being enforced,
such as car~ for sale in parking lots, cars sticking out over the
sidewalk, and Motorhomes having to be 8 feet from the sidewalk
Executive Session was held.
Meeting adjourned at 12 15 P m
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Wanda Sang, City Clerk
APPROVED BY CITY CUUNCIL ON AUGUST 8, 1988 BY A VOTE UF
2:::j ~L<'/\
Kent Davi~, Council President
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