Loading...
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 -~I --J-+ - I w~-~~/s{a(~~, City ~cl'eik APPROVED BY CITY COUNCIL ON MAY 22, 1989 BY A VOTE OF 5 TO o ~~ Dan Wilde, Mayor