Loading...
HomeMy WebLinkAbout01/23/1989 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO January 2~989 The rity Council Meeting wa~ called to order by the Mayor at 7 30 p m Councilmembers present Kent Davi~, Tony FIasco, Doris Ibbison, Larry Merkl, Nancy Snow, Randy West, and rlaudia Worth Moe Keller was absent due to illness Al~o present City Clerk, Wanda Sang, City Administrator, Mike Smith, City Attorney, John Hayes, Director of Planning & Development, Glen Gidley, acting Chief of Police, Ed Ray, staff, and interested citizens APPROVAL OF MINUTES of January 9, 1989 Motion by Mr seconiei by Mr Merkl for the approval of the Minutes of January 9, 1989, West, carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor Wilde administered the Oath of Office to Bonny Timmin~, Richards-Hart Estate Advisory Commission City Administrator, Mike Smith, introduced Wheat Ridge's new Chief of Police, Jack Hurst, of Fort Lupton Mayor Wilde read an announcement into the record regarding a meeting about W-470, which will be held on Monday, January 30, 1989, 7 30 p m in City Council rhambers CITIZENS' RIGHTS TO SPEAK Bini Abbott, 9190 Alkire Street, Arvada, expressed her concern about the upcoming tax vote on W-470, many citizens are not aware that they are within these voting boundaries and there is no way to notify them They will be paying $10 00 per vehicle, per year, for the next 30 years, and shouli be notified of this Motion by Mr West that Item 13 be moved up to Item 7 becau~e people are present to speak on this Item, seconied by Mrs Snow, carried 7-0 LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item Application for Transfer of Ownership for American Lodging, Inc , dba American Motel, Inc , 10101 I-70 Service Road, Wheat R Uge Maurice Fox, attorney, was present for the applicant and sworn in by the Mayor Mrs Worth a~kei that the manager of the establishment contact the City Clerk and ~et up an appointment for the Clerk's Liquor Seminar Motion by Mr West to approve the Transfer of Ownership from Ramada Inn to American Lodging, Inc , dba American Motel, Inc , 10101 I-70 Service Road North, Wheat Riige, rolorado This is a Class G - Hotel & Restaurant Liquor License with extendei hours, seconded by Mrs Ibbison, carried 7-0 CITY COUNCIL MINUTES January 23, 1989 Page -2- Item 2 Application for Tran~fer of Ownership for Rockette Bar, 10006 W 44th Avenue, Wheat Ridge ~ph Faris, applicant, was present and sworn in by the Mayor, and answerei Council'~ question~ Mrs Worth asked that the applicants take the City Clerk's Liquor Seminar Motion by Mrs Worth to approve the Transfer of ownership from M T L Enterprises, Inc , dba Rockette Bar, 10006 W 44th Avenue, Wheat Ridge, to 10006 W 44th Avenue, Inc , dba Rockette Tavern Thi~ is a Class T - Tavern Liquor License with exteniei hours, ~econded by Mr Merkl, carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 3. Council Bill 369 - An Oriinance provijing for the approval of rezoning from Residential-Two (R-2) to Restricted Commercial-One (RC-l) on land locatei at 8811 West 37th Place, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-88-17) (Mary O'Callaghan) (continued from December 12, 1988) Council Bill 369 was introducei by Mr Merkl on seconj reading, title read by the Clerk, Orjinance No 782 assigned Scott D. Albertson, attorney for the applicant, was present and requested that a substantially modified site plan be referred back to the Planning Commission and that Council not hear thi~ case Motion by Mr Davis to postpone this ani seni it back to Planning Commission to be heard again, seconded by Mr FIasco, Failed 3-4 with Councilmembers Flasco, Ibbison and Davis voting yes Mr Gidley pre~ented the case and entered documents and exhibits into the record He also submitted a copy of a legal protest that was received January 23, 1989 City Attorney Hayes stated that this indeed constituted a legal protest Scott D. Albertson, attorney for the applicant, was sworn in by the Mayor and affirmed that his previous te~timony had also been true He then spoke in favor of approval Mary O'Callaghan, 10765 W 7th Place, Lakewood, applicant, was sworn in by the Mayor, and askei for approval of her application Kevin Spray, 3720 Este~ Street, wa~ sworn in by the Mayor, expresseJ hi~ concerns about increa~ed traffic, especially during icy weather; is opposei to the number of chiliren that would be coming into a residential area, noise Thomas Pullen, 4090 Fielj Drive, was sworn in by the Mayor, opposes application, is again~t any further commercial encroachment into this resijential area of Wheat Riige, fears increased delivery and pickup, 47% of the lot will be parking, 33 6% of the property is for playing, feels this is a real problem CITY COUNCIL MINUTES January 23, 1989 Page -3- Wilma Pullen, 4090 Field Drive, was sworn in by the Mayor, stated there i~ a Day Care Center at Lutheran, at 38th & Kipling i~ a Christian Day Care Center, questioned neces~ity to have another center in their residential area Fred Walker, 3665 Everett, was sworn in by the Mayor, woulj like to go on record to ~upport the position of the Planning Commission Bill Moore, 3701 Estes Street, was ~worn in by the Mayor, is opposed to the zoning change because of increased traffic, decrease in residential property values, paved parking wouli increase water runoff, 6' fence will not be a buffer to the property to the south, asked Council to deny rezoning Don Lancaster, 4076 Everett, was sworn in by the Mayor, opposed to any commercial encroachment into a residential area Anna Moore, 3701 Estes, was sworn in by the Mayor, oppose~ rezoning because of increased traffic, pollution, parking Motion by Mrs Snow that Case No WZ-88-17, Reque~t of O'Callaghan, for rezoning from R-2 to Restricted Comlliercial One for the limited purpose of a Day Care Home be denied for the following reasons Request for rezoning is inconsistent with the City of wheat Ridge Comprehensive Plan Request is incompatible with resijential land use to the south and to the east This requestei zoning change would significantly increase the traffic and noise within a quiet residential area She added the comment that she does not think the change in the plan has improved the case that was presented to the Planning Commission, ~econded by Mr West, carried 7-0 Mr Hayes requested an Executive Session Motion by Mr Merkl to holi an Executive Session under Section 5 7(b)(1)(B) of the Charter, seconded by Mr West, carried 7-0 Executive Session was held. Item 4. Council Bill 370 - An Ordinance providing for a 5' Walkway Easement Vacation West of 10798 West 47th Avenue, rity of Wheat Riige, County of Jefferson, State of Colorado (Case No WV-88-2) (Mary E Hathaway) (continued from January 9, 1989) Council Bill 370 was introduced on second reajing by Mrs Snow, title read by the Clerk, Ordinance No 782 assigned Mr Gidley presented the case Motion by Mrs Worth that Ordinance No 782, a request for approval of a vacation of a 5 foot walkway easement at 10798 W 46th Avenue, be approved for the following reasons 1 Staff and Planning Commission recommend approval 2 Oak Street will not be extended to the south and the five foot walkway easement is not part of an overall walkway plan CITY COUNCIL MINUTES January 23, 1989 Page -4- 3. Fruitdale school is no longer being used therefore, the walkway easement is not being purpose, seconded by Mr. Davis, carried 8-0 yes vote and City Attorney Hayes stated that this Item ) for school purposes anj utilized for its intended (Mrs Keller had left a this was appropriate for Item 5~ Application by West 38th Avenue, Ltd for Q Superette for approval of a final ievelopment plan and plat for property located at 3760 and 3790 Wadsworth Blvd (Case No WZ-88-21) Mr Gidley introduced and presented the case Tim Roberts, 4965 Moonshine Riige, Parker, Colorado, present, sworn in by the Mayor, asked for approval of answered Council's questions and concerns applicant, was his case, and Motion by Mr West that Case No WZ-88-21, a request for approval of a final development plan anj plat at 3760 and 3790 Wadsworth, be approved for the following reason~ 1 All agencie~ can provije service to the property 2 The proposal is consistent with the approved outline development plan 3 The plan is compatible with adjacent zoning and land use With the following condition 1 That a 6' solid fence be built on the east and south property lines, seconded by Mr FIasco, carried 7-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6. Resolution 1134 - Resolution of Appreciation for Wheat Riige Fire Protection District Volunteers Mayor Wilde read Resolution 1134 into the recori and presented it to Jack Major, Fire Chief Motion by Mr Merkl for the adoption of Resolution 1134 and orier it published, seconied by Mr West, carried 8-0 (Mrs Keller had left a yes vote) Item 13. Master Plan Approval for Paramount Park Redevelopment Motion by Mr FIasco to continue this Item for 3 weeks to February 13, 1989, secondej by Mrs Snow, carried 6-1 with Mr West voting No Item 7. Motion re Authority Jefferson County Hazarjous Substance Response Motion by Mrs Worth to authorize payment of $2,504 90 as our contribution to Jefferson County Hazardous Substance Response from Account 01-124-704, secondei by Mr Merkl, carried 8-0 Keller left a yes vote) 1989 Authority, (Mrs CITY COUNCIL MINUTES January 23, 1989 Page -5- Item 8. 1989 Traffic Grant Expenditure Motion by Mr Merkl to approve the following purchase Two each Kustom Electronics PRO-l000 moving speed measuring devices from Kustom Electronics for $3,620, Account No. 204-809 Per the terms of the Traffic Grant contract, the Department of Highway Safety (DHS) will reimburse the City of Wheat Ridge $3,620, therefore, our cost for this equipment will be $0 00, ~econied by Mr Flasco, carried 7-1 with Mr West voting No (Mrs Keller left a yes vote) Item 9. Traffic Signal Improvement Project T-TSI 02-89 Motion by Mrs T-TSI 02-89 be $28,623 plus a for a total of by Mr Flasco, Ibbison that the contract for Phase 11 of Project awarded to W L Contractors in the amount of their bid of 10% contingency of $2,862, and a force account of $3,000, $34,485 to be charged to Acct No 31-304-843, seconded carried 8-0 (Mrs Keller left a yes vote) Item 10. Awari of soils investigation contract for 32nd Avenue Projects S-32 03/05-88 Motion by Mr Merkl that Fox and Associates be awaried the contract for geotechnical services for the West 32nd Avenue projects in the amount of their estimatei project budget of $5,302 50, and that a 15% contingency be establi~hei in the amount of $795, for a total of $6,097 88 to be charged equally to accounts 31-302-845 and 31-303-250, seconded by Mr West, carried 7-1 with Mrs Worth voting No (Mrs Keller left a yes vote) Item 11 CIRSA/WC Contribution for 1989 (Workers Compen~ation) Motion by Mrs Ibbison that the City's contribution to CIRSA/WC for $152,420 be paid, to be chargei to Acct No 01-610-621 and that the City participate in the Special rontribution Plan, seconded by Mrs Snow, carried 8-0 (Mrs Keller left a yes vote) Item 12 CIRSA Contribution for 1989 (Property & Casualty Insurance) Motion by Mrs Ibbi~on that the to CIRSA to be charged to Acct carried 8-0 (Mrs Keller left City's contribution of $216,331 No 01-610-781, seconded by Mr a yes vote) be paid West, CITY ATTORNEY'S MATTERS John Hayes stated that we had received no decision on the Goracke matter He informed Council that he will be one of the speakers at the midyear national conference next week for the land use planning and zoning committee seminar CITY COUNCIL MINUTES January 23, 1989 Page -6- ELECTED OFFICIALS' MATTERS Claudia Worth asked Council to contribute $200 00 to the Wheat Ridge PAL program anj $4,800 be put into an account to cover some of the additional cost of the employee contribution to the health plans This money was left over from the City's contribution to various cultural programs Consen~us wa~ 5-2 to bring this in as an agenda item Larry happy City upset Merkl had a number of calls from people on Depew that that light is finally being put in and they Mr FIasco stated he had the opposite comments about the light and are planning on bringing in that are real! y are thanking the People are very a petition Randy West stated he had haj a lot of questions about the young man that had been shot How could a man like that terrorize a neighborhood? John Hayes replied that the deceased had been a defendant in our court many times, but the incidents were not sufficient that incarceration had been appropriate Kent Davis asked that "Wheat Ridge Pride" be allowed to come in at the February 6 Study Session for about 20 minutes, they would like to inform Council of what they are doing, what they wouli like to see done, ask for any suggestions Consensus was 7-0 to have them come in Nancy Snow informed Council of several bills that are coming up Senate Bill 104, which i~ an amendment to the Urban Drainage and Flood Control Act, another bill regarding landscaping use and construction and maintenance on public projects She had a citizen's complaint about our tax bill regarding a city tax exemption number She asked this be put on a future agenda to be discussej again Consen~us wa~ 5-2 to do this She asked about a possible discussion with W-470 authority to see if there was any way Wheat Ridge could get access, since we have to pay the $10 00 Mr FIasco made that propo~al months ago, but Council did not want to talk about it Motion by Mr~ Snow to adjourn, seconded by Mrs Ibbison, carried 7-0 Meeting adjourned at 11 10 P m k APPROVED BY CITY COUNCIL ON FEBRUARY 13, 1989 BY A VOTE OF 7 TO -2- ) ,\ ./ f\ ~ c_ f ..- JA-4. /r ..; ~~L.""...(._"-~ . Davis, Council President 'Kent