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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 i I l VI ^', f. I~, \ ./; I- _{ 0:.' \ (..<-v1.- ~i Wanda Sang, City Clefk APPROVED BY CITY COUNCIL ON APRIL 24, 1989 BY A VOTE OF / / /l~€ c-/ / L~,,<,'Z J Kent Davis, Council President 8 TO o