HomeMy WebLinkAbout04/10/1989
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
April 10, 1989
The City Council Meeting was callei to order by the Mayor at 7 30 p m
Councilmembers present Kent Davis, Tony FIasco, Dori~ Ibbi~on, Larry
Merkl, Mae Keller, Nancy Snow, Randy West, and Claudia Worth Also
present City Clerk, wanda Sang, City Administrator, Mike Smith, City
Attorney, John Hayes, Public Works Director, Bob Goebel, Director of
Planning & Development, Glen Gidley, Chief of Police, Jack Hurst,
staff, ani interested citizens
APPROVAL OF MINUTES of March 27, 1989
Motion by Mrs Ibbison for the approval of the Minutes of March 27,
1989, seconded by Mr West, carried 8-0
PROCLAMATIONS AND CEREMONIES
Resolution of Recognition for Les Litherland
Motion by Mr West for the adoption of Resolution 1142, seconied by Mrs
Keller, carried 8-0
Mayor Wilie recognized Les Litherland ani read Resolution into the
recori
CITIZENS' RIGHTS TO SPEAK
Suzanne Berm, 1832 Union Drive, Lakewood, co-chairman of the Wheat Riige
High School post prom party for 1989, asked for financial support for
this party from the City
Motion by Mrs Keller that the City of Wheat Riige donate $400 00 for
two policemen each for security at the post prom parties on May 7, 1989,
$200 to be for Wheat Ridge High School, $200 to be be for Jefferson High
School, seconded by Mrs Snow, carried 7-1 with Mr West voting No, he
ioesn't think the taxpayers shouli have to pay for this party
Don Lancaster, 4076 Everett, thanked and congratulated the City and the
Historical Society for reopening the museum and Soddy, and dedication of the
Johnson's Cabin and implement shed
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1.
Application for Transfer of Uwnership of a
Liquor License from Gasthaus Ridgeview Inc
dba "Afterwards Restaurant", 4465 Garrison
Colorado
Hotel & Restaurant
to Ernest D Krull,
Street, Wheat Ridge,
Applicant Ernest D. Krull, 1204 S Aragonne Circle, Aurora, was present,
sworn in by the Mayor, and presented his ease
CITY COUNCIL MINUTES
April 10, 1989
Page -2-
Motion by Mrs Keller to approve the Transfer of ownership of 3 Hotel &
Restaurant Liquor License from Gasthaus Ridgeview Inc to Ernest D
Krull, dba "Afterwards Restaurant", 4465 Garrison Street, Wheat Rijge,
Colorajo With the following condition Mr Krull attend the City
Clerk's Liquor Seminar and instruct his employees to attend the seminar,
seconied by Mr Merkl, carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2. A Council Bill No 3 - An Ordinance proviiing for the
approval of rezoning from Commercial-One anj Residential-One to
Commercial-One on Land located at 3805 Kipling Street, City of
Wheat Ridge, County of Jeffers@n, State of Colorado
(Case No WZ-89-1) (Amoco Oil Company)
B Council Bill No 4 - An Ordinance providing for the
approval of a Special Use Permit for Gasoline Sales on land
located at 3805 Kipling Street, City of Wheat Ridge, County of
Jefferson, State of Colorado
(Case No SUP-89-3) (Amoco Oil Company)
C Application by Holland West for Amoco Oil Company for
approval of a consolidation plat for property located at 3805
Kipling Street
(Case No MS-89-1) (Amoco Oil Company)
Mrs Ibbison introduced Items A Band C and asked the Clerk to read the
titles Mr Gidley presented the cases and answered Council's questions
Wendell Ayers, Project Manager, Holland West, Inc , representing Amoco
Oil Company, was sworn in by the Mayor and answered Council's questions
Motion by Mrs Ibbison that Council Bill 3 (Ordinance 785), a request
for apprGv'31 of a rezoning from Commercial-One and Residential-One to
Commercial-One for property locatej at 3805 Kipling, be approvej for the
following reasons 1 Staff anj Planning Commission recommend
approval 2 The requested rezoning conforms with the Comprehensive
Plan 3 There is sufficient buffering for Residential-One zoning to
the north and west With the following conditions 1 The billboard
on the north side of the property is removed 2 Tract "A" be
dejicated as a 2' right-of-way by separate deed, secondej by Mr Davis,
carried 7-1 with Mrs Worth voting No
Motion by Mrs Ibbison that Council Bill 4 (Ordinance 786), a request
for approval of a Special Use Permit for property located at 3805
Kipling, be approvej for the following reason~ 1 Staff and Planning
Commission recommend approval 2 The request conforms with the
Comprehensive Plan 3 There is sufficient buffering for the
Residential-One zoning to the north anj west With the following
conditions 1 The Special Use Permit is for gasoline sales only 2
This Ordinance supercedes Oriinance No 766, seconded by Mr Davis
Mrs Worth will vote No because she has a real problem with this City
being inunj'3ted at every corner with Convenience stores, she does not
see a neej for this Motion carried 7-1 with Mrs Worth voting No
CITY COUNCIL MINUTES
April 10, 1989
Page -3-
Motion by Mrs Ibbi~on that Case No MS-89-1, a request for approval of
a consolidation plat for property loeated at 3805 Kipling, be approved
for the following reasons 1 Staff and Planning Commission recommend
approval 2 All requirements of the Subdivision Regulations have been
met, seconded by Mr Merkl, carried 7-1 with Mrs Worth voting No
Item 3~
Request for approval to amend the Comprehensive Plan, Major
Streets Plan (V-26), from "Local" to "Exempt Local" street for
West 36th Avenue between Independence Street and Johnson
Street
(Case No WPA-88-3)
Mr Gidley presented the Case and answered Council's questions
Public Works Director, Bob Goebel, also answered Council's questions
Sworn in by the Mayor and ~peaking in favor of the C'3se were
Arthur Butler, 9625 W 36th Avenue, Marvin Polzin, 3580 Johnson Street,
Odarka Figlus, 9775 W 36th Avenue Also present and signed up to speak
in favor of this Case were Eleanor Pendleton, Jo~ephine Butler, Steven
Shafer, Harry 0 Vaag (who presented a letter from his wife, in favor of
the case, to the Clerk), Ronald Aug, Louise Boden, Helen Lorch, Madge
Reiber, Reinhart Reiber, Lucille Baner, Everett Baner, Jon Connor
They concurred with Mr Butler's comments and declined to speak Jim
Gilmer concurred with Mr Polzin's comments Maria Figlus concurred
with Odarka Figlus' comments
Comments incluiei that 16 out of 18 owners were in favor of exempt local
street, there were no drainage problems, there could be no curb, gutter,
and sidewalk without tearing out landscaping, curb ani gutter would
cause drainage problems, the only people walking on that street are
high school kids
Motion by Mrs Snow that West 36th Avenue between Johnson Street and
Independence Street be designated '3S an exempt local street for the
following reasons 1 Sixteen out of eighteen owners have requested
it 2 The traffic count is very low, only 43 vehicles per day 3
Public Works has stated that minor drainage problems can be solved with
drainage swells and without the addition of curb and gutter, seconded by
Mr West
Discussion followed
Mr FIasco will vote against this motion primarily because he wants to
protect the rights of people who might want to buy the properties
Mr West called for the question, seconded by Mr Davis, carried 5-3
with Councilmembers Snow, Keller, and Worth voting No
Original Motion carried 5-3 with Councilmembers FIasco, Ibbison, and
Davis voting No
CITY COUNCIL MINUTES
April 10,1989
Page -4-
Item 4.
Council Bill No 5 - An Ordinance repealing and reenacting
Section 2-2 Fiscal Year, of the Code of Laws of the City of
Wheat Riige by authorizing the adoption of a budget containing
specific appropriations, ani further providing that no
expenditure shall be made in excess of saii appropriations
Council Bill 5 was introduced on second reading by Mr Merkl, title read
by the Clerk, Ordinance No 787 assigned
Motion by Mr Merkl for the adoption of Ordinance No 787 and order it
published, ~econded by Mr3 Worth, carried 8-0
ORDINANCES ON FIRST READING
Item 5. Council Bill No 7 - An Ordinance repealing and reenacting
Section 26 of Appeniix A, Zoning Oriinance, of the Code of Laws
of the City of Wheat Ridge, relating to the Legislative and
Administrative Procedure~
Council Bill 7 was introduced by Mr Merkl on first reading, title read
by Clerk Motion by Mr Merkl that Council Bill 7 be approved on first
reading, ordered published, pUblic hearing be set for Monday, May 8,
1989 at 7 30 p m in City Council Chambers, Municipal Bldg , and if
approved on second reaiing, take effect June 1, 1989, seconded by Mrs
Keller, carried 8-0
Item 6. Council Bill No 8 - An Ordinance amending Section 27 of
Appendix A, Zoning Oriinance, of the Code of Laws of the City
of Wheat Ridge, relating to Regulations applicable to all
Hstricts
Council Bill 8 was introduced by Mr Davis on first reading, title
read by Clerk Motion by Mr Davis that Council Bill 8 be approved on
first reading, ordered published, public hearing be set for Monday,
April 24, 1989 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect June 1, 1989,
seconded by Mrs Keller, carried 8-0
Item 7. Council Bill No 9 - An Ordinance amending Section 28 of
Appeniix A, Zoning Ordinance, of the Code of Laws of the City
of Wheat Ridge, relating to Definitions
Council Bill 9 was introduced by Mr Merkl on first reading, title
read by Clerk Motion by Mr Merkl that Council Bill 9 be approved on
first reading, ordered published, public hearing be set for Monday,
April 24, 1989 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect June 1, 1989,
seconied by Mrs Keller, carried 8-0
CITY COUNCIL MINUTES
April 10, 1989
Page -5-
Item 8. Council Bill No 10 - An Ordinance amending various
subsections of Section 27 2 of Appendix A, Zoning Ordinance, of
the Code of Laws of the City of Wheat Ridge, relating to
Landscaping Requirements
Council Bill 10 was introduced by Mr Merkl on first reading, title
read by Clerk Motion by Mr Merkl that Council Bill 10 be approved on
first reading, orderei published, public hearing be set for Monday,
May 8, 1989 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect June 1, 1989,
seconied by Mrs Ibbison, carried 8-0
Item 9. Council Bill No 11 - An Ordinance repealing and reenacting
various Sections of Appendix A of the Code of Laws of the City
of Wheat Riige relating to Residential and Agricultural Uses
and Districts
Council Bill 11 was introduced by Mrs Worth on first reading, title
read by Clerk Motion by Mrs Worth that Council Bill 11 be approved on
first reading, ordered publishei, public hearing be set for Monday,
May 22, 1989 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect June 1, 1989,
secondei by Mrs Keller, carried 8-0
Item 10. Council Bill No 12 - An Ordinance amending Section 2 of
Chapter 13 and Section 43 of Chapter 20 regarding Penalties for
violations of the Wheat Ridge Code of Laws (1989) and adding
Section 13 of Chapter 14 regarding the availability of jury
trials in the Municipal Court
Council Bill 12 was introduced by Mr Davis on first reading, title
read by Clerk Motion by Mr Davis that Council Bill 12 be approved on
first reading, ordered published, public hearing be set for Monday,
May 8, 1989 at 7 30 p m in City Council Chambers, Municipal Bldg ,
ani if approved on second reaiing, take effect June 1, 1989,
seconded by Mr Merkl Mr FIasco will vote against this because he
feels very strongly that a person has a right to a jury trial, it is
guaranteed by the constitution Mr West will vote No because he feels
everybody is entitled to a jury trial Motion carried 6-2 with Mr
FIasco and Mr West voting No
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 11. Resolution 1144 - authorizing the City Treasurer to open a new
bank account for the purpose of escrowing the enhanced sales
tax derived from the Applewood Village Shopping Center, per
the agreement approved by City Council March 13, 1989,
effective April 1, 1989
Motion by Mrs Worth for the approval of Resolution 1144, seconded by
Mr West, carried 8-0
CITY COUNCIL MINUTES
April 10, 1989
Page -6-
Item 12. Resolution 1145 - amending the City of Wheat Riige Annual
Budget for the Fiscal Year 1989
Resolution 1146 - appropriatin~ additional sums of money in
excess of amounts budgeted for the rity of Wheat Ridge,
Colorajo for Fiscal Year 1989
Motion by Mrs Ibbison for the approval Qf Resolutions 1145 and 1146 as
submittei, seconded by Mr West, carried 7-1 with Mr FIasco voting No
Item 1~ Motion by Mrs Warth that the purchase of a replacement
pickup truck for Public Works Streets Division from Medved
Craig Chevrolet, on the State bid, be approvej in the amount
of $13,204 52, and that all costs be charged to Account
#303-807 Also, that a budget transfer of $1,205 00 fr~m
Account #303-809 to Account #303-807 be appravej, seconded by
Mrs Keller, carried 7-1 with Mr FIasco voting No
Item 14. Motion that $~90.00 be contributed to Denver Center for the
Performing Arts from Account #610-799
Motion by Mrs Snow to give $100 each to Jefferson High School and Wheat
Ridge High School for the after prom party, seconded by Mr Davis,
carried 5-3 with Councilmember9 FIasco, West, and Merkl voting No
Motion by Mr Davi9 that $4,100 be appropriated to the 20th Anniversary
celebration for the City's birthday, seconded by Mr West, carried 8-0
Item 15. Motion by Mrs Snow that the City Administrator be authorized
to spend an additional $5104 from Account #01-607-797 for the
settlement of the Goracke lawsuit, seconjed by Mrs Keller
Motion by Mr Merkl to hold an Executive Session under Section
5 7(b)(1)(A) of the Charter, seconded by Mr FIasco, carried 8-0
EXECUTIVE SESSION WAS HELD.
Original Motion carried 5-3 with Councilmembers Davis, FIasco, and West
voting No
CITY ADMINISTRATOR MATTERS
Mike Smith asked if Council woulj prefer to hold the meeting with the
Special District9 in Council Chambers or the Wheat Ridge Community
Center
Motion by Mr Merkl to holi a Special Meeting with the Special Districts
in the City next Monday night at 6 00 p m in the Wheat Ridge Community
Center and that we notify all members of the Special Districts of the
change of location tomorrow morning, seconded by Mrs Snow, carried 7-1
with Mrs Ibbison voting No
CITY COUNCIL MINUTES
April 10, 1989
Page -7-
Mike Smith further asked Council if a Mr Wright could address Council
next Monday night regarding alternative financing
Motion by Mr Merkl to put Lease Purchase Plan presentation on June 5
Study Session, seconded by Mrs Keller, Failed 3-5 with Councilmembers
Ibbison, Keller, and Merkl voting yes
CITY ATTORNEY'S MATTERS
John Hayes stated that the first supplement for the new Code of Laws
should be shipped April 22 Ordinance for first reading should be in at
the next meeting
Meeting has been scheduled for next Thursday with American Cablevision
of Wheat Ridge, everybody is welcome to come
Drafts of two Ordinances have been distributed by him, please review and
let him know which ones to bring in for first reading
Motion by Mr Merkl to bring in Ordinance on trash receptacles at next
meeting, seconded by Mr West, carried 7-1 with Mrs Snow voting No
ELECTED OFFICIALS' MATTERS
Tony FIasco gave a report from DRCOG regarding solid waste problems.
Motion by Mrs Worth that Mike send a letter from this City to DRCUG
telling them that we realize that there is a solid waste problem in the
metropolitan area and we would like to cooperate with recycling and that
we are aware that there are some studies and reports already available,
seeonded by Mr Merkl, carried 8-0
Tony then asked the Mayor for a report on surface transportation that
had been discussed at Saturday Mayors' meetings
Dan Wilde then gave his report and pointed out that there are other
people involved in these meetings, not only Mayors, such as DRCOG,
Commissioners, RTD, etc
Motion by Mr West to adjourn, seconied by Mrs Keller, carried 8-0
Meeting adjourned ~t 10 40 p m
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Wanda Sang, City Clefk
APPROVED BY CITY COUNCIL ON APRIL 24, 1989 BY A VOTE OF
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Kent Davis, Council President
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