HomeMy WebLinkAbout05/08/1989
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
May 8, 1989
The City Council Meeting was called to order by Mayor pro tern, Randy
West at 7 30 p m Councilmewbers present Kent Davis, Tony FIasco,
Doris Ibbison, Larry Merkl, Moe Keller, Nancy Snow, and Claudia Worth
Mayor Wilde was absent due to a death in the family Also present City
Clerk, Wanda Sang, City Actministrator, Mike Smith, City Attorney, John
Hayes, Public Works Director, Bob Goebel, Director of Planning &
Development, Glen Gidley, Director of Parks and Recreation, Richard
Bredt, Chief of Police, Jack Hurst, staff, and interestej citizens
CITIZENS' RIGHTS TO SPEAK
There was no one present to speak.
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1. Application for Transfer of Ownership of a Class T - Tavern
Liquor License from Club Corner, Inc to CDA, Inc , dba Club
Corner, 6551 West 44th Avenue, Wheat Riige, Colorado
Applicant, Francis W. Fernbaugh, 118 S
present, sworn in by the Mayor pro tern,
questions
Newland Ct , Lakewood, was
and answered Council's
Motion by Mrs Keller to approve the Transfer of Ownership from Club
Corner, Inc , to CDA, Inc , dba Club Corner, 6551 W 44th Avenue, Wheat
Ridge This is a Class T - Tavern Liquor License with extendei hours
I further move that the applicant and his staff attend the City Clerk's
Liquor Seminar, seconjei by Mrs Snow, carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2. A 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 Procedures
Council Bill 7 was introduced by Mr Merkl, title read by the Clerk,
Oriinance No 791 assigned
Mr Gijley presented the case and referred to his memo of May 3, 1989
(attached to packet) for additional suggested changes
Dorothy Thompson, 3330 Chase Street, representing Wheat Ridge United
Neighborhoods, react letter into the record requesting changes to the
Ordinance
CITY COUNCIL MINUTES
May 8, 1989
Page -2-
Motion by Mr Merkl for the adoption of Ordinance 791, orier it
published, with the following change on page 12, Variances and
Waivers, and Item 4 i~ inserted that reads "no additiGnal residential
dwelling units would result by appr~val of sueh variance or waiver",
seconded by Mrs Keller
Mrs Keller made a friendly amendment under Section 26 H 2 b change 7
days to 15 days regarding the effective date of the Oriinance, Mr Merkl
accepted this
Motion by Mrs Snow that on Page 2, Section 2 c be added
"certified boundary or improvement survey", seconded by Mrs Keller,
carried 8-0
Mrs Snow asked that on page 10, in the sentence "The written protest to
such changes shall be submitted to the City Council no later than the
beginning of the hearing on the proposed rezoning", the words "the
beginning ef" be taken out to conform with the Charter Mr Merkl
accepted that as a frienily amendment to his metion
Motion by Mrs Snow that on Page 16, 1 b 4) "Existing and proposed
public streets rights-of-way, public easements, irrigation ditches,
drainage ways and other easements affecting the site" be added after
public streets rights-of-way "both within ani adjacent to the site",
seconded by Mrs Worth, failed 3-5 with Councilmembers Snow, Keller, and
Worth voting yes
Motion by Mrs Worth to adi the amendment that the questions in 1 b 2 c
1 through 9 be worded by the staff that a "yes" answer to them
consistently indicates either approval or denial, seconded by Mrs Snow,
failed 2-6 with Councilmembers Snow and Worth voting yes
Motion by Mrs Snow to add under Page 2, 3 i "Will not result in uniue
traffic congestion or traffic hazards, or unsafe parking or insufficient
parking "both there and on Page 5, 3 e , on Page 9, (5) under
"excessive traffic congestion" read "excessive traffic or parking
congestion, secondei by Mrs Worth, failed 3-5 with Councilmembers Snow,
Keller, and Worth voting yes
Motion by Mr Merkl for the question, secondei by Mr Davis, carried 6-2
with Councilmembers Snow and Worth voting no
Vote on original motion carried 7-1 with Mrs Snow voting No, because
she does not feel that staff should be allowed to give a 10% waiver,
anyone should have a hearing
B 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 second reading, title
read by the Clerk, Ordinance No 792 assigned
CITY COUNCIL MINUTES
May 8, 1989
Page -3-
Mr Gidley presented the case and made a correction Page 2, under C 3 ,
where it says 36 inches, that was supposed to be changed to 42 lnehes
Barbara Davis, 8080 Melrose Drive, was sworn in by the Mayor pro tern,
questioned the application of some of these laws, stated that
landscaping as required, would be virtually impossible in some areas,
once streets were widened, asked that common sense landscaping be
applied to some of the older areas of town, asked that arborist
committee would review some creative landscaping alternatives, stated
landscaping maintenance was not enforced
Dorothy Thompson, read Ordinance changes, suggested by Wheat Ridge
United Neighborhoods, into the record
Motion by Mr Merkl for the adoption of Ordinance 792 with the following
change on page 2, C 3 we change 36 inches to 42 inches, seconded by Mr
Davis
Motion by Mrs Snow that on Page 4, (3)(d) the first sentence be taken
out and the seconi sentence then stand alone, seconded by Mrs Worth,
Failed 3-5 with Councilmembers Snow, Flasco, and Keller voting yes
Motion by Mr Davis that the words "nenliving greenery" be deleted,
seconded by Mrs Snow, carried 8-0
Motion by Mrs Snow to allow Siberian Elms and cottonless Cottonwood
Trees as street trees, seconded by Mrs Worth, Failed 4-4 with
Councilmembers Sn@w, West, Keller, and Worth voting yes
Motion by Mrs Snow to add on Page 5, 2 F
survival cf all required landseaping. If
landseaping dies. the City ef Wheat Ridge
seconded by Mrs Worth, carried 8-0
" t~ insure the
any portion ef the required
may order its replaeement",
Motion by Mrs Worth that on Page 2, C , a number 5 be added to
read "Where landscaping is determined by the administration not to be
appropriate, and the requirements are appealed, the plans be reviewed by
the arborist board for appropriate alternative landscaping, such as
window boxes, hanging plants, etc ", secondei by Mr Merkl
Mr Gidley suggested that this be put under H Waivers and Variances
instead with a slightly different wording Mrs Worth and Mr Merkl
agreed
Call for the question by Mr Merkl, secondei by Mrs Worth, carried 6-2
with Councilmembers Snow and FIasco voting no
Vote on Mrs Worth' amendment, as clarified by Mr Gidley, that
under Waivers and Variances a sentence be added to the effect "all
requests for waivers and variances of landscaping, which are to be
reviewed by the Board of Adjustment, Planning Commission, and/or City
Council, shall be referred to the Arborist Board for their
recommendations prior to hearing such requests Some examples
window boxe~, hanging plants, etc" This had been secondei by Mr
Merkl, carried 7-1 with Mr Flasco voting No
CITY COUNCIL MINUTES
May 8, 1989
Page -4-
Further Discussion followed
Mr Merkl call~d for the question, seconded by Mr Davis, carried 6-2
with Mrs. Keller anj Mrs. Worth voting No.
Vote on original Motion carried 8-0
Item 3.
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 second reading, title
read by the Clerk, Ordinance No 793 assigned
Paul Godec, 1269 Logan Street, Denver, Prosecuting Attorney for the City
of Wheat Ridge, was sworn in by the Mayor pro tem, gave reasons for this
Orjinanee, and answered Council's questions
Randall Davis, 11621 Shoshone Way, Westminster, Wheat Ridge Municipal
Court Judge, was also present and sworn in by the Mayor and spoke in
favor of this Oriinance
Mr West will vote no, because some attorneys will use this to get their
clients off and make a deal and he believes that when he got some
tickets he diin't 1eserve the judge dii not listen to him
Motion by Mr Davis for the adoption of Ordinance 793, secondei by Mrs
Ibbison, carried 6-2 with Mr West and Mr Flasco voting No
ORDINANCES ON FIRST READING
Item 4. Council Bill No 15 - An Ordinance amending Chapter 13 of the
Code of Laws of the City of Wheat Ridge (1989) by adding
provisions which maniate the use of safety belts in motor
vehicles
Council Bill 15 was introduced by Mr Merkl on first reading, title
read by Clerk Motion by Mr Merkl that Council Bill 15 be approved on
first reading, ordered pUblishe1, 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 7-1 with Mr FIasco voting
No
Item 5. Council Bill No 16 - An Ordinance adding Section 20-24(9) to
the Code of Laws of the City of Wheat Ridge (1989) to prohibit
the disposal of householi anj commercial soli1 waste in
city-owned solij waste receptacles
Council Bill 16 was introduced by Mrs Worth on first reading, title
read by Clerk
CITY COUNCIL MINUTES
May 8,1989
Page -5-
Motion by Mrs Worth that Council Bill 16 be approved on first reading,
ordered published, public hearing be set for Monday, May 22, 1989 at
7 30 p.m. in City Council Chambers, Municipal 81dg , and if approved on
second reaiing, take effect June 1, 1989, seconded by Mrs Keller,
carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 6. A Resolution 1148 - A Resolution authorizing submittal of the
application for the 1989 Joint Venture/Grant Project to
Jefferson County Open Space - Mugele Park Master Plan Study and
Open Space Plan Update
Resolution 1148 was introducei by Mrs
Motion by Mrs Keller for the adoption
Mrs Worth, carried 8-0
8 Resolution 1149 - A Resolution authorizing submittal of the
application for the 1989 Joint Venture/Grant Project to
Jefferson County Open Space - Master Plan Study - Addition to
Wheat Ridge Park
Keller, title read by the Clerk
of Resolution 1148, seconded by
Resolution 1149 was introduced by Mrs Snow, title read by the Clerk
Motion by Mrs Snow for the adoption of Resolution 1149, seconded by
Mrs Worth, carried 8-0
C Resolution 1150 - A Resolution authorizing submitt'31 of the
application for the 1989 Joint Venture/Grant Project to
Jefferson County Open Space - Architectural Fees Swimming Pool
Enclosure
Resolution 1150 was introduced by Mr FIasco, title read by the Clerk
Motion by Mr FIasco for the adoption of Resolution 1150, seconded by
Mr Merkl
Discussion followed, which included that swimming pool would be ruined
if it were covered, people wouli go and swim elsewhere, swimming in the
sun can cause skin cancer, some people prefer to be in an indoor pool, a
second pool that would be coverei would be nice, we need facts from
figures from neighboring pools
Motion failed 3-5 with Councilmembers FIasco, Merkl, and Worth voting
yes
Item 7. Resolution 1151 - A Resolution authorizing the Jefferson County
Open Space officials to secure a survey, title commitment and
to negotiate for the acquisition of property consisting of
approximately twenty (20) acres, located at 8150 West 48th
Avenue, in Wheat Ridge, Colorado
Council discussion was that this Resolution was premature It had been
discussed that staff talk to Mr Schmidt regarding the purchase of his
property, but not to secure a survey and get going on this There are
other parcels in Wheat Riige we are interested in buying
CITY COUNCIL MINUTES
May 8, 1989
Page -6-
Motion by Mr Merkl that we direct Richard Bredt and John Hayes to meet
with Walter Schmiit within the next five days, present the appraisal,
discuss the land acquisition with the owner of the property and report
back to Council on our next meeting, seconded by Mrs Snow, carried 8-0
Item 8. Award Contract for 1989 Curb and Gutter Program
Motion by Mr Merkl that Project M-CGS-1989, 1989 Curb and Gutter
Program be awaried to S & D Construction in the amount of their bid of
$94,330 00 to be paid out Capital Projects Fund Acct No 30-303-842,
seconded by Mr FIasco, carried 8-0
Motion by Mr Merkl that we put $4,670 00 in Acct 30-303-842 to handle
any cost overruns that may occur during the curb and gutter program,
seconded by Mrs Keller, carried 7-1 with Mr FIasco voting No.
Motion by Mrs Ibbison to suspend the Rules and continue past 11 00
p.m , seconded by Mrs. Keller, carried 6-2 with Mr FIasco and Mr Davis
voting No
Item 9. Motion by Mrs Keller that the chemical fertilizer purchase be
awarded to Frontier Fertilizer for the unit price of $268 44
per ton for a total cost of $5,905 68, and that all costs be
Charged to Account #01-603-660 (0 S ), seconded by Mr West,
carried 8-0
Item 10. Motion by Mrs Keller that the contract for the Annual City
Wide Clean-up Program be awarded to Western Waste Industries in
the total amount of their bid of $4,490 00 and all costs to be
charged to Account #01-121-704, seconded by Mr West, carriei
8-0
Item 11. Award Contract for Public Works Shop Tanks Replacement
Project
Mike Easl~, 40001 E 133rd Place, Thornton, thanked Council for
letting him address them and asked for consideration for his company's
bid, although it had not been the low bii The low bidder had not
followed the rules He then answered Council's questions
Motion by Mr Merkl that we throw out all three biis and re-bid the
project, seconded by Mr Flasco
Discussion followed
Mrs Snow called for the question, seconded by Mrs Keller, carried 8-0
Vote on original motion failed 4-4 with Councilmembers FIasco, Ibbison,
Davis, and Merkl voting yes
CITY COUNCIL MINUTES
May 8, 1989
Page -7-
Motion by Mrs Snow that the irregularity of not including the proposal
in a bound set of contract 10cuments be waived and the Public Works
Shops Tanks Replacement Project be awarded to Kubat Equipment in the
amount of their bid of $55,957 00 to be paid Gut of Capital Projects
fund Acct No 30-305-812, seconded by Mrs Worth, carried 5-3 with
Councilmembers FIasco, Davis, and Merkl voting No
Motion by Mr Merkl to put 5% of the contract bid amount of $55,957 00
into a contingency account (#30-305-812) to cover cost overrides on
this project, seconded by Mrs Snow
Call for the question by Mrs Snow, seconded by Mrs Keller, carrie1
8-0
Vote on original motion carried 6-2 with Mr FIasco and Mrs Worth
voting No
Motion by Mr Merkl
30-305-812 to Acct
7-1 with Mr Flasco
that we transfer $12,000 00
No 10-305-663-01, seconded
voting No
from Acct No
by Mrs Snow,
carried
Item 12. Motion by Mrs Keller that the Quit Claim Deed from Mr John
Van Allen be accepted to allow the City to maintain Lena Gulch
between 32nd Avenue and Union Street, seconded by Mr West,
carried 8-0
Item 13. Motion by Mrs Keller to approve the Mayor's appointment of
Hermann Zitz to the Richards-Hart Estate Advisory Committee
with the term ending March 2, 1992, seconded by Mrs Snow,
carried 8-0
CITY ADMINISTRATOR MATTERS
Mike Smith stated that a meeting had been set up for Friday, 7 00 am,
in Councilchambers, encouraging business owners and Council to listen to
a presentation regarding the exemptions on the sales tax ordinance and
to previde us with feedback
CITY ATTORNEY'S MATTERS
John Hayes statei that our pool is insured when it is empty as long the
sump pump is operating
At this time there is no need to bring a lawsuit re Paramount Park, but
we are entitled to recover all costs including staff time, architect's
time, hydrologist's time and City Attorney's time and we will be sending
a request for payment for that amount to the owner and if they don't pay
that we will be bringing a lawsuit The exaet amount is not known at
this time, but should be around $20,000
CITY COUNCIL MINUTES
May 8, 1989
Page -8-
ELECTED OFFICIALS' MATTERS
Tony Flase~ askei that the PrGclamation for National Teacher Day
(includei in packet) be read Clerk read the Proclamation
Mr FIasco gave report on DRCOG activities
Randy West thanked everybody for everybody's cooperation, this was the
first time he ever coniucted a meeting
Moe Keller passed out an update from RTD on the Wadsworth Corridor
Study
Claudia Worth notified everyboay that next Saturday was Mayfest and
invited everybody
Motion by Mrs Worth to adjourn, seconded by Mrs Snow, carried 6-2 with
Councilmembers (not stated) voting No
Meeting adjourned at 12 02 a m
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w~-~~/s{a(~~, City ~cl'eik
APPROVED BY CITY COUNCIL ON MAY 22, 1989 BY A VOTE OF
5
TO
o
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Dan Wilde, Mayor