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Home My WebLink About12/12/1988 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO December 12, 1988 The ('ity ('ouncil heeting wa,> (;allei to .rier by the hayor 8t 7 30 [j m rouncilrnerubers pre'>ent Kent Ddvi", Tony Fla,>co, Lori,> Ibbi'>on, Larry herkl, fvioe Keller, Nancy Snow, Haniy ~ve'>t, 80i rlau1ia J,,;orUl Al,>o {Jre~ent ('ity Clerk, \t;anid Sang, ('ity Aimiri'Hratr'r, Hike Smith, ('ity Attorney, John Haye,>, Public Work'> Director, Bob Goebel, Director of Plannin~ & Development, Glen ~iiley, 8cting rhief of Police, Ed Ray, Director of Park,> & Recreation, Richard Breit, ,>taff, and intere,>tei citizen.:;:; APPROVAL OF MINUTES of November 2~, 19BB Motion by [vir 1988, ,>econ iei 8b'>tainine, Davi'> for the 8pproval of the hinute~ of Novemter 28, by hr t'ierkl, carriei b-O with f>ir,> Ibbi,>()n ani hr I-Je,>t PROCLAMATIONS AND CEREMONIES 08th of Uffice to newly arpointei rornmi,>sioner,> hayor I-.ilie a1mini'>tere-j the lJ8trl of Office to Joe Drew an-l Da.n L8Plante a'> new EDARr ('()IIJI:Ji..,..,ioner,> CITIZENS' RIGHTS TO SPEAK There wa~ no one pre~ent to ,>peak LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Ap~lication for Tran'>fer of Uwner~hip from Tenneco Uil rompany, ita Tenneco Food Store #770, 12700 I-. 32ni Avenue, Wheat Riige, to Diamoni Shamroc~ Refining ani Marketing rompany Mike2ulliv~, Merchaniic;;e rvianager for DialY10ni Shamroc~, 520 E 56th Avenue, wa'> ~worn in by the Mayor 8ni an'>wered Council',> que..,ti()n~ Mrs Wortn a~~ei that the employee'> of thi,> store t8ke the rlerk'~ liquor ~eminar Mr Sullivan repliei th8t they w.u11, ani al'>o ~tated that in their 45 roloraio location~ there hai been no liquor violation'> Motion by Mr he'>t to approve the Tr8n,>fer of Uwner,>hip from Tenneco Oil Company, iba Tenneco roni Store 1/770,12700 W 32nd Avenue, to Diarrlon1 Shamrock Refininb and Marketing rompany Thi'> i'> a rla,>,> J-1, 3 2% Beer Retail Licen,>e, '>econiei by f'ir,> Keller, carriei B-O CITY CUUN('lL MINUTE~ uecer(Jber 1 L', 1960 Page -2- Item 2 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Council Bill 366 - An Uriinance providiob for the financinb by the City of Wheat kidbe, State of ColJraio, of a manufacturiub f~cility, authorizinb the i~~u~nce, sale ani delivery of OJ u I t i - m 0 j a I in t e r c h a n g e a b 1 era tel n 1 U ~ t ria 1 De vel 0 pine n t Rev e n u e !:jr)ni~ (Leaf, Inc , Project) Serie", 1Ybb, an,1 authorizinb ttle Execution and Delivery of a Loan Abreeruent, a Tru~t lnienture, a Placeruent Agreement, ani a reluarketinb ani intere~t ~erviGe~ abreement ani relatei iocument~ Council Bill 366 wa~ introjucei by Mr Herkl on ~econi reading, title reai by the Clerk, Oriinance No 780 a~~ignei City Attorney Haye~ ~tatei he ha1 reviewei all t~e iocument~ ani everyt~i in orier ani reaiy to be ~ibnei Keith I.rLld:i;.. , plant manaber of Leaf, Inc , wa~ ~worn in by the ~layor ani at.::;.\j-.r;:~.j ('ouncil'~ q'Je~tion~ Council felt that the name of "Wheat Riibe" ~houli be u~ei in the adverti~ing for Jolly Rancher Caniy an] not the City of Denver The :>lant i~ here in wheat Riige an,i the boni~ are being i~~uei by \tiheat Hidge f.i 0 t i QE. by M r l'i e r k 1 for the a i 0 p t ion 0 fur ji n a n c e No 78 U a ~ p r i n t e i , ~eGoniei by Mr We~t Di~cu~~ion followed Chair Gallei for the question Motion by Mr~ Snow that a~ a condition of the bond~, Leaf Inc u~e the nar,le of "wheat Riibe" in it~ aiverti~ing ani b'"~ine~~ correspon,1enGe within 1 year, ~ecoliei by Mr~ Worth, Failei 4-4 with C'uncilmember~ Snow, Fla~Go, Ibbi~on, and horth votinb ye~ Oribinal Motion carriei 2-0 I terlJ 3 Council Bill 367 - An Ur1inanGe repealinb ani reenactinb, with ameniment~, Chapter 21, Taxation, of the Code of Laws of the City of Wheat Ridbe Council Bill 367 wa~ introducei by Mr Fla~co on secon1 reaiinb, title read by the Clerk, Or,iinance No 781 a~~ibnei Motion by Mr Fla~Go for the aioption of Council Bill 367 (UriinanGe No 781) ani if it pa~~e~, it be effective January 1, 1989, ~econiei by Mr Merkl rv;r~ Snow a~kei for an ameniment unier page Ii, "engage1 in blJ~ine~~" (5) chanbe three or more units to five or more units, seconiei by Mr~ ~iorth, Failei 4-4 with ('olJncilmellJber~ Snow, Ibbi~on, Davi~, ani Worth votinfs ye~ Original Motion carriei 8-0 Item 4 COlJncil Bill 369 - An Uriinance provicring for the approval of rezoning from he~iiential-Two (R-2) to Restriutei Commercial-One (Rc-1) on land locatei at S811 We~t 37th Place, rity ot Wheat Riige, (ounty of Jeffer~on, State ot Colorado (ca~e No WZ-8b-17) (Mary O'Callaghan) rITY rUUNrIL MINUT~~ December 12, 19b8 Page -3- Motion by Mr Merkl to continue this applicant's request, seconied by Mr~ Mr, Snow as~ej that 'taff look into a~ a brouP home with 7 people Mr ~est will vnte abain~t thi~ because it Planning Commission Motion carriei 6-2 with Mr~ Worth ani ~r c;ne to .];wuary c'j, 1989 at the I\eller how an R-2 iuplex i~ bein~ u~ed was turnei iown by the ~iest votint, No Item 5 Application by Hampleman Architects for Wheat Ridge Small Animal Ho~pital for approval of a Final Development Plan within a Plannei rommercial Development (peD) zone, located at approxillJately 3695 Kipling Street, wheat Ridge, rolorado (rase No WZ-88-1Y) Mr Giiley presentei the case Richard Hampleman, 176b Platte Street, representing the owners of the property, was sworn in by the Mayor, shoHei plans, ani answered rouncil's que~tions Dr. William Trefz, 3875 Allison rircle, spoke in favor of using Kline Street Motion by Mr Davis that ra~e No WZ-88-19, a request for approval of a final ievelopment ~lan ani plat for property locatei at 3695 Kipling Street, be approvei for the follnwing rea~ons 1 The plan i~ consistent with the approved outline ievelopment plan 2 The plan is compatible with adjacent propertie~ j Staff and Planning Commi~sion recommeni approval, ~econiel by Mr i'1 r:;rk I Motion by Mrs Snow that the curb cut to Kline Street be eliminated, seconded by Mr We~t, Failed 2-6 with Mrs Snow and Mr We~t voting yes Uriginal Motion carriei 7-1 with Mr We~t voting No, because of the curb cut on Kline Street Item b Aioption Activity (('ase No of amenilIJents renter f'i;nter WPA-88-b) oni rlJoiification~ to the Kipling Plan Mr Gidley explained the ameniments ani moaifications Motion by Mrs Keller for the aioption of the amendments and modification~ to the Kipling Activity renter Master Plan, ~econiei by l~r Ivierkl, carriei 8-0 I tern 7 Rescis~ion of the Kipling Activity renter Urban Renewal Plan (ra~e No URP-88-1) - Resnlution 1127 - Resolution 1127 was introducei by Mrs Yeller, title reai by the rlerk Mrs SnOH askei that on page 1 the woris "shouli be rescinied" be changed to "is hereby rescinied" rouncil acceptei this Motion by Mrs Keller for the aioption of ~esolutinn 1127, seconiei by !vir West, carrie.i 8-0 CITY rOUNrIL MINUTtS December 12, 19tH) Pa6e -4- ORDINANCES ON FIRST READING Item 0 rouncil Dill 370 - An Urjinance provijing for a 5' walkway e8~elrlent v8c8tion \.e~t of 1079b we~t 47th Avenue, rity of Wheat Ridge, rounty of Jeffer~on, State of rolorado (ra~e No WV-8b-2) (Mary E Hathaw8Y) rouncil Bill 37U W8~ introduced by Mr~ Worth on fir~t reading, title re8d by rlerk Motion by Mr~ Worth th8t rouncil Bill 370 be approved on fir~t re8ding, ordered publi~hed, public hearing be ~et for Monday, January 9, 1989 at 7 30 p m in rity r~uncil rhamber~, Municipal Bldg , and if approved on ~econd reading, take effect 15 day~ after final public8tion, ~econded by Mr F18~co, carried 8-0 Item 9 rouncil Bill 371 - An Ordinance providing for the approval of rezoning from Jeffer~on County Planned Unit Development (p U D ) to Commercial-Une and Re~idential One-A, with condition~, on land located at 1~930 We~t 32nd Avenue, rity of Wheat Ridge, rounty of Jeffer~on, St8te of rolorado (ra~e No WZ-88-1k) (Midwest Builier~, Inc ) Council Bill 371 wa~ introduced by Mr~ Ibbi~on on fir~t reading, title read by rlerk Motion by Mr~ Ibbi~on that rouncil Bill 371 be approved on fir~t reading, ordered publi~hej, public hearing be ~et for Monday, J8nu8ry 9, 1989 at 7 30 p m in rity rouncil rhamber~, Municip81 Bldg , and if approved on se~ond re8ding, t8ke effect 15 d8YS after final public8tion, seconded by Mr FIasco, carried 6-2 with rouncilmembers Davi~ and Worth voting No DECISIONS, RESOLUTIONS, AND MOTIONS Ite!:!!...J..9...... Resolution 112b - Expre~~ing re~erv<:ition~ concerning and oppo~ition to recommendation No 6 in the report of the Colorado Tran~portation Roundtable to the HLRC Re~olution 112b W8~ introduced by Mr~ Snow, title read by the rlerk Motion by Mrs Snow for the adoption of Res~lution 1128 with the following chanl:,es paragraph 2, take out the word "fully", the last paragraph read "The Wheat Rid6e rity rouncil ~tates its )ppo~ition to recommendation No 6 in the report of the roloraio Transportation Roundtable, and the concept of a Metropolitan Tr8nsportation rommission, unless all cities under the juri~diction of the commi~sion have at least 1 representative on the commis~ion", seconded by ~jr Fla~co, carried 8-0 1 tern 1 1 Motion to name the Park located at 38th and Uwens Street ~1otion by Mrs "now that the park located at -:l8th & Owe lS Street be nallJed "Turner Park", seconied by Mrs Worth rity rlerk, Wanda Sang, read two letters into the record ~upporting the name of "Louise Turner Park", one from Thomas 1-1 Slattery ani one from Karla Nostas CITY cuUNrIL MINUTES December 12, 191:)15 Page -5- Janice Thomp~on, 1229U ~ 42n1 Avenue, reai two letter~ into the recori that were ~ent in by kid~ who oouli not ~tay iue to the latene~~ of the IrJeetin@, Une i~ from ('hri~ty Hortman and one from Kelly Hoffman, both are in support of Loui~e Turner Park Janice Thomp~on al~o spoke in favor of nall1inl:', thic; park after Loui~e Turner Dorothy Thompson, 3014 Cha~e Street, reai her own letter in ~upport of Loui~e Turner Park into the recori .f..t1J'l.li~ Lanca~ter, 4070 Everett Street, reiterated what the previou~ ~peaker~ ~tatei regariing naming the fJark after Loui~e Turner Eli~e Brougham, 3545 Alli~on rt , reai a re~olution into the record that had been ~igned by 71 citizen~ in favor of naming the par~ after Louise T1Jrner Lillian Fleming, 6363 W 29th Avenue, spoke in ~upport of naming the park after Loui~e Turner George Graul, 4200 Yarrow Street, spoke in favor of naming the park "Millie Malcolm Park" ani ~tatei that petition~ with almo~t 350 ~ignature~ hai been collectei in favor of thi~ Pat Garrity, )315 har~hall Street, ani .h2L.~re, 10565 ~J 46th Avenue, both ~poke in favor of raming the park "Millie Malcolm Park" ani referred to the close to 350 signature~ that had been collected in favor of thi~ and urgei Council'~ enior~ement Phil Edwards, 11297 W 44th Ave, referred to the petitions he hai ~ubmitted to the rity of Wheat Riige in ~u~fJort of naming the park "Millie halcolm Park" and a~kej rouncil ~upport on behalf of the people that had circulated and ~ibned the petition~ and on behalf of Wheat Riige TodaY and Tomorrow in naming the park after Millie Malcolm Di~cu~~ion followed Motion Failed 3-5 with rouncilmembers Snow, Keller, and Worth votinb ye~ Notion by Mr Merkl to name the park "Millie Halcolm Park", c;econded by Mr Fla~co, Failed 11-4 with Councilmember~ Fla~co, Ibbi~on, Davis, and Herkl votini:, ye~ Motion by ~1r Davi~ to name the Parle "Urton Park", failed for lack of a ~econ1 Motion by Hr~ Snow that thi~ go bac~ to the Park~ rommi~~ion for a non-controver~ial recommendation, ~econie1 by Mr~ Keller, Mr~ Worth a~ked Mr~ Snow to amend her motion that thi~ go back to the Park~ Commis~ion for further ii~cuc;~ion ani that another ~ite be di~cu~~ei with Lutheran Ho~pital for Mr~ Malcolm Mr~ Snow and ~econj accepted that Mr Fla~co will vnte again~t thi~, primarily from the ~tandpoint of boinb to Lutheran ani a~k them to buili a park that rouncil ha~n't talked abnut yet or di~cuc;~ej, or appropriatej any land, it i~ a rijiculou~ motion to go to Lutheran Ho~pital on thi~ kind of a ba~i~ Motion carried b-2 with Mr Fla~co and Mr Davi~ voting No rITY rUUNrIL MINUTES December 12, 1960 Page -0- Item 12 Consent Agenda A Resolution 1129 8uthorizinb r~imbursement from the rity of ~heat Ri1be's attributable share of the Jefferson rounty upen Space Funi for Parks anj Open Space Development I3 ~'iOtion re 1989 Shops telaintenance haterials BU Awari (' IVlotion r~ 1989 1'1 on umenta t ion ('on trac t D IV10 t ion re 1939 Traffic Si~nal te: a i n ten an c e Abreefilent E ~Jotion re 1969 JanitJrial Services various location~ F ~1otion re Purchase of Police Patrol rar~ - 1989 n Motion re Hicharj~-Hart Advisory Committee appointment Co Motion by Mrs Keller for the adoption of the Con~ent Agenia Mr Fla~co askei that Items rand F be removej from the ron~ent Agenja Mr West askej that Item B be removej Mrs Worth a~kej that Items A and E be [Julle,i A I'Jotion by Mr seconjei by fJlrs Merkl for the aioption of Re~olution No Ibbi~on, carriei 8-0 112<.) , B Motion by Nrs Snow that we accept all bids as submitted anj direct the Public Works Department to purcha~e street loaintenance materials at the lowe~t cost to the rity based on the haul cost and availability of loaterials at the time of purcha~e ani that all costs for the~e materials be charbei to Acct No 01-3U3-660, seconjed by Mr Davis, carriei 8-0 r Motion by Nrs Ibbi~on that the rity enter into a professional services agreement with Sellarjs & Grigg for continuation of our Monumentation Program, ani that all costs be charged to Acct No 31-303-883, the cost not to exceed $70,000 for Sellards & Grigg I further move that an aiditional $5,000 be authoriLed for the purchase of material~ (monument~, range boxe~, etc ) requirej for the program ani that the~e be chargei to Acct No 31-303-883, secondej by Mr West, carried 7-1 with ~r FIasco votinL No D Motio~ by Mrs Keller that the 198U Traffic Signal Maintenance agreement with W L rontractors be renewej for 1989, the total charge~ not to exceed $8,000 for the year, with all costs charged to Acct No 01-302-704, seconiei by IVlr West, carriej 8-0 E Motion by Nrs Keller that we awarj the contract for 1909 Janitorial Services to town ani rountry in the amount of their base bii of $3,495/month ($41,940/yearly) with all r:,sts to be charged to various contractual service 704 accounts, ~econjei by Mr Merkl, carried 8-0 Mr Smith will fin1 out for Mrs ~orth what the proposal is for the maintenance ,f the Soj Hou~e, the museum, the log cabin, etc rITY CUUNrIL MINUTES Deceruber 12, 1988 Page -7- F Motion by Mr Merkl that we approve the purcha~e of ~ix (6) 1989 Chevrolet patrol car~ from Stevin~on rhevrolet per State Awarj for a total of $7b,068 12 with all co~t~ chargej to Acct No 57-305-807, Fleet Replacewent, ~econied by Mr~ Keller, carriej 8-0 G Motion by Mrs the Richarjs-Hart earriei 8-0 Keller to affirru the appointlfient of Bonny Timmins to E~tate Aivi~ory rommittee, ~econiei by Mr We~t, CITY ADMINISTRATOR MATTERS Mike Smith informed rouncil that the town of Lake~iie was holiing a meeting tonii:,ht for the plJrpo~e of ~etting a public hearing date to hear the propo~ed ietachment of Lake~ide Mall The property owner of the Mall ha~ in~tructei hi~ attorney~ to file a petition in Di~trict Court and the hearing ha~ been ~et for February 3, 1989, 9 00 a m He reminded rouncil that this corning year the Public Service Franchi~e would have to be renewed He ~tated that Donald Parson~ ha~ been returned to rolorado He a~ked rouncil to ~et a January Study Se~~ion, ~ince January 1 wa~ a rity Holiday Motion by Mr Merkl to ~et the January Study Session for Tue~day, January 3, 1989, ~econ,ieti by Mr~ Snow, carried 7-1 with Mr West voting No Mr Smith ~tated that he would like to invite our State Repre~ent3tivp and State Senator to the dinner precedinb the Study Se~~ion ani talk about ~ome of the concern~ rouncil ha~ expressed Mr Smith would al~o like to spend some time that evening reviewing goals that had been establi~hej la~t year and have a brief year-end review pre~entation from each departruent He then wi~hej everybody happy holijay~ CITY ATTORNEY'S MATTERS John Hayes informei rouncil that the Goracke matter had been taken under ajvi~ement by the court He ha~ filed a "friend of the court" brief on behalf of Arvada Di~cu~~ion is currently taking place with the owner of Applewooi Shopping renter regarding purcha~e of ~ome property He informed rouncil that it wa~ not nece~~ary to fJull an item }jf the consent agenda in order to di~cuss an item or a~k que~tion~ He al~o wi~hed happy holidays to everybody ELECTED OFFICIALS' MATTERS rity rlerk, Wanda Sang, reported that the flower~ in rouncil rhamber~ hai been brought in by Mr Davis Everyboiy thanked him rITY CUUNCIL MINUTES December 12, 19o() Page -()- Nancy Snow reportei on the zip coie meeting at the National League of ritie<; in Bo<;ton, motion wa~ lOa1e ani passei th8t there will be another meeting in Wa<;hington with attendance of po~t office personnel She a<;ke1 th8t the Re<;olution p8s~ej earlier (1128) go to the pre<;s ani legi<;18tor~ Motion by Mrs Snow that half the <;taff get the 23rj off and half the ~taff get the 30th off, with the ~ame coniition<; 8<; la<;t year, that if thi~ i<; not po<;~ible for police per<;onnel or anyone el~e, that they get another day off, rather than getting any extra pay for that jay, ~econjei by Mrs Worth Mr Merkl opposej thi<; la<;t year 8nj he will e<;pecially oppose it this year, becau~e it wouli mean a 4-iay holijay anj he doe<;n't think thi~ i<; nece~sary Mr ~est 1oe<;n't see how thi<; can be ione without co<;ting the City money If people want an extra i8Y off, they can take annual le8ve, the <;ame way he 1oe~ Motion Failed 4-4 with rouncilmember~ Snow, Keller, FIaSCO, ani Worth voting ye<; Mrs Snow a~ke1 for an Executive Se<;<;ion unjer 5 7(b)(1)(B) of the Charter, ')econied by Mr FIasco, carriei 7-1 with !vir West voting No Tony Fla<;co thankej Kent Davi<; for bringing in the plant') ani W8nda Sang for riecorating After talking to people in Bo~ton about the zip code matter, many of them became more intere~te1 than they hai been, he encouraged people to t8lk about thi<; Doris Ibbi<;on felt after her trip to Bo~ton that there are many things in Wheat Hi1ge we 10 right Kent Davi<; complained that rable rhannel 4 come<; In horrible, you can hardly <;ee anything Randy We~t got another call on the Herr property the iate for compliance is ')ometime this week He to their lawyer He ha<; heari nothing back <;0 far Mr Haye<; stated that ha<; written a letter Moe Keller aske1 that a report on the RTG wai~worth Blvi Tran<;it Corrijor Study be put on the January Stujy Se~~ion Larry Merkl ha~ askei fvlr ForellJan that 35th & Waisworth be cleaned up He want~ to talk to RTD about fini~hing the Park ani Ride at Ward Roai rlaudia Worth ha<; brought back <;ome information from Bo~ton re Storm Sewer~ She asked about the U-Turn ')ign on 44th that wa<; taken down by the State Mr Goebel replied they had alreaiy written a letter <;tating the rity'<; oppo~ition to thi~ She attended a meeting on u~ing electronic media to help u~ with adverti<;in5 and would like to talk more about this CITY COUNCIL MINUT~S lJecernber 12, 1988 Page -9- l'iotis:.:2 by M r'i I b bi 'ion to ;;Jj j ou rn imllJe ii a te 1 y a fter the Exec uti ve ~es'iion, ~econied by I'lr Davi'i, carriei 8-0 EXECUTIVE SESSIUN WAS HELD Meetinb aijourned at 11 05 ~ m , //"'~",.(," ' ,,'~' vlania Sang:- r{ty C'lerk-------- . APPRUVEIJ BY rITY CUUNI'IL ON JANUARY 9, 1989 BY A VUT~ UF 8 TO o /' // , ) ~ /j, /-,} .A", ..~L"r-,L,~j_ Kent Davi~, Council Pre'iident