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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 ~~r\' \ ...'" \' \ '" ,(c '\.....' '\ '\oj ~-' , Wanda Sang, City Clerk APPROVED BY CITY CUUNCIL ON AUGUST 8, 1988 BY A VOTE UF 2:::j ~L<'/\ Kent Davi~, Council President 7 TU o