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-
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Davis, Council President
'Kent