HomeMy WebLinkAbout09/09/1985
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
SEPTEMBER 9, 1985
The City Council Meeting was called to order by the Mayor at 7 30 P m
Councilmembers present Kent Davis, Tony Flasco, Larry Merkl, Moe
Keller, Nancy Snow, Randy West, and Dan Wilde Councilmember Clyde E
Hobbs was absent Also present City Clerk, Wanda Sang; City
Administrator, Tom Palmer; City Attorney, John Hayes; Director of Parks,
Richard Bredt; Chief of Police, Howard Jaquay; staff; and interested
citizens
Motion by Mr Wilde for the approval of the Minutes of August 26, 1985;
seconded by Mrs Keller Mr Davis asked to abstain because he was not
present at the last meeting Motion carried 6-0 with Mr Davis
abstaining
CITIZENS' RIGHTS TO SPEAK
Wade Hammond, 6345 W 29th Avenue, of the Wheat Ridge Police Department,
spoke regarding the Police Department Police Pension Association
inviting the City Council to the " Wheat Ridge Ride Along Program" in
order to build the relationship between the Police Department and City
Council
Vivian Waterman, 4651 Eldridge,
Mount 01ivet Development gravel
44th Avenue and Young field Ms
to the Jefferson County hearing
regarding the rezoning of the
pit and lake, and the trucks exiting on
Waterman also gave an open invitation
on September 18, 1985
Ruth Richardson, 4030 Field Drive, addressed the landscaping at Richards
Hart Estate; stated that Arrow J Landscaping Company was the Task Force
recommendation
Motion by Mr Merkl to have the Richards Hart Estate on after Item
5 Mr Flasco objected to this because the item was not in on time to
be on the Agenda and costs money; seconded by Mr Wilde; carried 6-1
with Mr Flasco voting no
Martha Shacklett, 3592 Simms Street, spoke on the items under Elected
Officials' Matters regarding the designation of Simms Street; said
Simms is a 50 ft street; also dealing with the copying done by the
City Clerks' office
Louise Turner, ll256 W 38th Avenue, addressed the large meeting two (2)
weeks ago, said the battle goes back fifteen (15) years ago to keep
highways out of residential areas; asked where that came from
CITY COUNCIL MINUTES
September 9, 1985
Page -2-
H Earl Moyer, 3722 Simms, asked for the reconsideration by Mr Hobbs to
be off the Agenda now
James Weir, 3363 Simms Street, Also addressed Hr Hobbs item on
reconsideration of Simms Street; stated his main concern was to keep
Simms unbridged at Lena Gulch
Item 1
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Application by Baptist Home Associates for an amendment to the
Mountain Vista Retirement Community Planned Residential
Development Final Development Plan for property located at
approximately 4700 Tabor Street
(Case No WZ-85-4)
Mr Gidley presented the case using overhead studies and the
Comprehensive Plan Zoning Ordinance as exhibits into the record Sworn
in by the Mayor were Mr Floyd Harrison, 4290 Tabor, and ~lr Mowry C
Gilbert, 1019 Ellston, Colorado Springs, and were present to answer
questions by the City Council Discussion followed Motion by Mr
Merkl that Case No WZ-85-4 be approved; seconded by Mr Davis; carried
7-0
Item 2
Application by Kenneth Frens for approval of a temporary site
plan for commercial development within the Kipling Activity
Center on property located at 9970-92 West 44th Avenue and
4388-90 Kipling
(Case No WSP-85-6)
Motion by Mr West to continue Case No
at applicants request; seconded by Mr
Item 3
WSP-85-6 until October 14, 1985
Flasco; carried 7-0
Public Hearing concerning the proposed issuance by the City of
Wheat Ridge of industrial development revenue bonds in a
maximum aggregate principal amount of One Million Two Hundred
Thousand Dollars ($1,200,000 00) for the Wadsworth Building
Corporation, a Colorado corporation, for the purpose of
financing the acquisition and improvement of land, and the
construction and equipping of a building thereon, for use as a
banking facility, office building, and retail sales facility to
be located within the City
The Public Hearing was open by the Mayor; no one was present to speak
Public Hearing was closed
CITY COUNCIL MINUTES
September 9, 1985
Page -3-
Item 4
Council Bill 20l - An Ordinance authorizing the issuance and
sale of an Industrial Development Revenue Bond (Wadsworth
Building Corporation Project), Series 1985, in the principal
amount of $1,200,000; and approving the form and authorizing
the execution of certain documents relating therto
(To be continued at applicants' request until September 23,
1985)
Motion by Mr Merkl to continue Council Bill 20l until September 23,
1985 at the applicants request; seconded by Mr Flasco; carried 7-0
Item 5
Council Bill 200 - An Ordinance providing for the approval of
rezoning from Residential-One to Residential-Two-A on land
located at 9700 West 38th Avenue, City of Wheat Ridge, County
of Jefferson, State of Colorado
(Case No WZ-85-12) (Claude and Lucile Ellis)
Council Bill 200 was introduced on second reading by Mr Flasco; title
read by the Clerk; Ordinance 63l was assigned Mr Gidley presented the
case Applicants present and sworn in by the Mayor were Claude and
Lucile Ellis, 8981 Jewell Place, they were available to answer questions
by Council Discussion followed Motion by Mr Flasco for the approval
of Ordinance 631; seconded by Mr Wilde Mrs Snow asked City Attorney,
John Hayes "if anyone purchased and it didn't get built and came back in
later, would it be a rezoning and legal protest apply if they tried to
put 4-plexes instead of duplexes on these lots? John Hayes answered
yes, because you're conditioning the rezoning to a specific type of
approval, anything that would vary would require a rezoning and a legal
protest would be applicable Vote on motion carried 7-0
Motion by Mr Merkl that the contract for the Landscaping and Design
Project for the Richards Hart Estate be awarded to Arrow J Landscape
and Design in the amount of their base bid of $11l,997 plus alternate #2
for $100 plus a 5% contingency of $5,600 and that the Director of Parks
and Recreation be authorized to sign all change orders All costs are to
be charged to Account #54-508-886; seconded by Mr Wilde; Mr Flasco
stated that he would be voting no because he felt it was wrong to bring
up $111,000 that had not been properly put on the Agenda because of a
mix up by staff, regardless of what the reasons were Vote on motion
carried 6-1 with Mr Flasco voting No
September 9, 1985
CITY COUNCIL MINUTES
Page -4-
ORDINM~CES ON FIRST READING
Item 6
Council Bill 204 - An Ordinance authorizing the issuance and
sale of the City of Wheat Ridge 1985 floating rate multifamily
housing revenue bonds (Wheat Ridge Housing Limited Partnership
Project) for the purpose of making a loan to assist in the
financing of costs of a multifamily rental project, and
authorizing the execution and delivery of various documents
pertaining to the loan and of a trust indenture securing the
payment of the bonds
Council Bill 204 was introduced by Mr Merkl on first reading; title
read by the Clerk; Motion by Mr Merkl that Council Bill 204 be
approved on first reading, ordered published, public hearing to be set
for Monday, September 23, 1985, at 7 30 P m in the City Council
Chambers, Municipal Bldg , and if approved on second reading, take
effect 15 days after final publication; seconded by Mrs Snow Mrs
Snow asked that the word "children of all ages"be added to Section 11
Carried 7-0
Item 7
Council Bill 205 - An Ordinance providing for the approval of
rezoning from Agricultural-One to Residential-Three-A on land
located at approximately l0500 South 1-70 Service Road, City of
Wheat Ridge, County of Jefferson, State of Colorado
(Case No WZ-85-15) (Chris Dody)
Council Bill 205 was introduced by Mrs Keller on first reading; title
read by the Clerk; Motion by Mrs Keller that Council Bill 205 be
approved on first reading, ordered published, public hearing to be set
for Monday, October 14, 1985, at 7 30 P m in the City Council Chambers
Municipal Bldg , and if approved on second reading, take effect 15 days
after final publication; seconded by Mrs Snow; carried 7-0
Item 8
Council Bill 206 - An Ordinance amending Chapter 14 of the Code
of Laws of the City of Wheat Ridge by amending Section
14-42 2b, Possession of Alcohol in Public Places, and by adding
Sections 14-42 2c, 14-42 2d, and 14-42 e
Council Bill 206 was introduced by Mrs Snow on first reading; title
read by the Clerk; Motion by Mrs Snow that Council Bill 206 be
approved on first reading, ordered published, public hearing to be set
for Monday October 14, 1985, at 7 30 P m in the City Council Chambers,
Municipal Bldg , and if approved on second reading, take effect 15 days
after the final publication; seconded by Mr Davis; carried 7-0
CITY COUNCIL MINUTES September 9, 1985
Page -5-
Item 9
Council Bill 207 - An Ordinance amending Chapter 2 of the Code
of Laws of the City of Wheat Ridge by adding Section 2 14 6
"Economic Development", describing the duties and
responsibilities of the Director of Economic Development
Council Bill 207 was introduced by Mr Davis on first reading; title
read by the Clerk; Motion by Mr Davis that Council Bill 207 be approved
on first reading, ordered published, public hearing to be set for
Monday, September 23, 1985, at 7 30 P m in the City Council Chambers,
Municipal Bldg , and if approved on second reading, take effect 15 days
after final publication; seconded by Mr Wilde; carried 7-0
Item 10 Council Bill 208 - An Ordinance establishing the salary for
the elected positions of Mayor, members of City Council, City
Clerk, and City Treasurer, of the City of Wheat Ridge, during
the term of office commencing November 11, 1985, and ending
November 9, 1987 for the two-year terms, and November 13, 1989,
for the four-year terms; repealing Ordinances 353, 354, 355,
356, 458, and 548; and providing for an automatic repeal and
termination of this Ordinance
Council Bill 208 was introduced by Mr Wilde on first reading; title
read by the Clerk; Motion by Mr Wilde that Council Bill 208 be
approved on first reading, ordered published, public hearing to be set
for Monday, September 23, 1985 at 7 30 P m in the City Council
Chambers, Municipal Bldg , and if approved on second reading, take
effect November 11, 1985; seconded by Mr FIasco; carried 7-0
Item 11 Council Bill 209 - An Ordinance amending Chapter 18 and 19 of
Appendix A of the Code of Laws of the City of Wheat Ridge to
add the definition of "Truck Tractor" and to require approval
of a site plan for parking of said truck tractors in
Commercial-One (C-l) and Commercial-Two (C-2) Zoning
Districts
Council Bill 209 was introduced by Mrs Keller on first reading; title
read by the Clerk; Motion by Mrs Keller that Council Bill 209 be
approved on first reading, ordered published, public hearing to be set
for Monday, October 14, 1985 at 7 30 P m in the City Council Chambers,
Municipal Bldg , and if approved on second reading, take effect 15 days
after final publication; seconded by Mr West carried 7-0
CITY COUNCIL MINUTES
September 9, 1985
Page -6-
Item 12 An Ordinance authorizing the issuance of Sales/Use
Tax Revenue Bonds Anticipation Notes, Series 1985, of the City
of Wheat Ridge, Colorado, in the total principal amount of
$11,000,000, for the Purposes of Developing a Stormwater
Management Master Plan pursuant to which the City shall
construct and install a Stormwater Drainage System; Acquiring,
Constructing, Improving and Installing a System of Stormwater
Drainage Facilities within the City; Improving, Installing and
Constructing Street Improvements; including curb, gutter and
sidewalk improvements Constructing, Improving and Installing
other Capital Improvements ("The Capital Improvement Program");
providing for the use of Sales/Use Tax proceeds to pay said
Series 1985 Notes and the Interest thereon; and prescribing
other details in connection therewith
Council Bill 210 was introduced by Mrs Keller on first reading; title
read by the Clerk; Motion by Mrs Keller that Council Bill 210 be
approved on first reading, ordered published, public hearing to be set
for Monday, September 23, 1985 at 7 30 P m in the City Council
Chambers, Municipal Bldg , and if approved on second reading, take
effect 15 days after final publication seconded by Mr West; Mr Flasco
stated that he would be voting No; he has stated his position on
previously, does not think it is necessary; thinks the City is doing
fine without it; does not see how this will help us at all; thinks
everyone is trying for a free lunch, and there is not any such thing
Motion carried 6-1 with Mr Flasco voting No
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 13
Resolution 952 - amending Resolution No 9l5, adopting Salary
Schedule and providing Pay Grades and Pay Ranges for fiscal
Year 1985
Resolution 952 was introduced by Mr Merkl; title read by the Clerk;
Motion by Mr Merkl for the adoption of Resolution 952 with amendments
to add after the word Supervisor and listed below comma, effective as of
September l, 1985; seconded by Mrs Keller Mr Davis stated that he
will be voting No because he feels this is another item that should be
brought into the budget meeting that will be heard this week and become
effective the first of the year Mr Flasco stated that he will be
voting No because he does not understand how you can bring an item for
the Council to decide a difference in pay grade and say the
classification was done incorrectly, there is no joo
description for whats being voted on; feels this should be done at
budget time Vote on Motion carried 5-2 with Mr Davis and Mr Flasco
voting No
Item 14
Motion by Mr Merkl that the Right-of-way Agreement dated
August l3, 1985, dedicating part of Vance Street, between West
27th Avenue and West 28th Avenue, duly signed and executed by
City Officials, be hereby ratified; seconded by Mr Wilde;
carried 7-0
CITY COUNCIL MINUTES
september 9, 1985
Page -7-
Item 15
Motion that $l,OOO be transferred from Account No Ol-607-795
into Account No 01-108-802 This money is to be used for the
purchase of two file cabinets for the City Clerk's Office
Motion by Mrs Keller for the approval of $750 00 to be transferred from
Account No Ol-607-795 into Account No 01-l08-802; to be used for the
purchase of two file cabinets for the City Clerk's Office; seconded by
Mr Wilde Mr Davis stated that he will be voting No because this is
not a budgeted item Mrs Snow stated that she too will be voting No
for the same reason as Mr Davis Vote on Motion carried 5-2 with Mr
Davis and Mrs Snow voting No
Item 16
Decision regarding the counting of ballots
Discussion was held regarding the counting of the ballots at the County
Motion by Mr Davis to have the ballots counted at the County; seconded
by Wilde; carried 6-1 with Mrs Snow voting No
Item 17
Item 18
Motion by Mr Merkl for the approval of funds in the amount of
$5,785 68 for Heat Activated, High Intensity 3-M Sheeting,
based on the fact that 3-M corporation is the sole source as
supplier All costs to be charged to Account No 304-660;
seconded by Mr Wilde; carried 7-0
Decision regarding the date for Applejack's hearing
Motion by Mr Wilde to have the hearing any Monday, before Council
Meeting or Study Session including September 30, 1985; seconded by Mr
West; carried 7-0
Item 19
Decision regarding appointment to the CML Committee
Motion by Mrs Keller for Mrs Snow to continue on the CML Policy
Committee; Mrs Snow asked for endorsement from Council to Executive
Board of CML; seconded by Mr West; carried 6-1 with Mr Davis voting
No
Item 20
Discussion regarding Mountain Bell's relocation of Poles on
44th Avenue from Tabor to Parfet
City Engineer, Ric Minetor gave an update as of today (Sept 9th) ln his
memo to Council Mr Hobbs had two letters that were made a part of the
record
CITY ADMINISTRATOR'S MATTERS
Hr Palmer reminded Council of Budget Meeting September 10, 1985, 6 00
P m will be a light supper, and at 6 30 P m the Session begins
CITY ATTOID"EY'S MATTERS
Mr Hayes addressed his memo concerning Lena Gulch Construction problems
at the 36th Avenue and Moore Court location
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CITY COUNCIL MINUTES
September 9, 1985
Page -8-
Mr Rock and Mr Gilhouse met with Open Space and agreed on the method
of payment Installment sale with one-half payment to each during the
calendar year 1985, and the other half during the calendar year 1986
Mr Hayes stated he has received correspondence from City Attorney
Offices in Denver and Aurora who have been spearheading an appearance on
behalf of municipalities in front of the Public Utilities Commission
protesting a rate increase they have been partially successful (Street
Lighting) They will come in at a later date asking for some
contribution toward City Attorneys and staff time in obtaining this
result
Mr Hayes will be handing out a pamplet on Municipal Liability Insurance
from the Colorado Municipal League
ELECTED OFFICIALS' MATTERS
Request by Councilmember Hobbs to reconsider Simms Street being
downgraded in the Comprehensive Plan from Collector to Local
Discussion of copying by City Clerk's office for Councilmembers
There was no discussion on the above items, Mr Hobbs was not here to
address these two items
Mr Malone has received a letter from the current auditors Hines, Condon
and Zarlengo that the rate of payment for our auditors will not be
acceptable for the years 1985-86 Next bid was from Gruenler and Huebner
for $7,300 per year which still applies
Motion by Mr Merkl for Grubner and Hubner to be accepted as the City
Auditors Seconded by Mrs Snow Motion carried 7-0
Motion by Mr West
Consultation of the
carried 6-1 with Mr
for an Executive Session under
City Charter Seconded by Mrs
Davis voting No
5 7(b)(1) Legal
Snow Motion
Mrs Keller asked Mr Minetor about street striping at 44th and
Wadsworth Blvd Mr Minetor stated it would be done in 1-2 weeks
Mr Merkl addresses newspaper containers in City Right of Way Do they
need a permit? City will move one at 38th Ave and Depew that lS
chained to stop sign
Mr FIasco asks Council if they would be willing to have an ordinance
come ln on T V Antennas (Satelite dishes) Council agreed this
Mr Flasco also addressed a Stop Sign he requested in District II, if
they have to be warrented, the City has a problem (Stop Signs at side
streets)
CITY COUNCIL MINUTES
September 9, 1985
Page -9-
Mr Flasco asked
Session for Chip
be discussed now
(contractors) on
Tom Palmer if he felt the need to extend the Executive
and Seal program discussion Mr Palmer states it can
If contractors are beyond contract deadline, they're
penalty per day billing of streets they can do then
Mrs Snow addresses advertising benches in City
of signing ordinance?
Are they in compliance
Motion by r1rs
by Mr West
Snow for adjournment after Executive Session
Motion carried 7-0
Seconded
Executive Session was held
Meeting adjourned at lO 45 P M
/'
I
APPROVED BY COUNCIL ON SEPTEMBER 23, 1985 BY A VOTE OF ~ to ~
0&t ~.1J?Alf cd m~ tf-,zJ-?5
Dan W'lde, Council presi nt
TENTATIVE AGENDA FOR SEPTEMBER 16,1985 STUDY SESSION
Discussion of school crossing guards