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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 -- 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