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HomeMy WebLinkAbout08/10/1987 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE~COLORADO !~ust 10.L-!987 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present hent Davis, Tony FIasco, Doris Ibbison, Rod Johnson, Larry Merkl, Randy West, and Claudia horth Moe Keller was absent, but left votes on several items Also present City Clerk, Wanda Sang, Acting City Administrator & Chief of Police, Howard Jaquay, City Attorney, John Hayes, City Treasurer, Jim Malone, Director of Community Development, Charles Stromberg, Public works Director, Ric Minetor, Director of Planning, Glen Gidley, staff, and interested citizens APPROVAL OF MINUTES OF JULY 27, 1987 Motion by Mrs Ibbison for the approval of the Minutes of July seconded by Mr Davis Councilmembers Worth, FIasco, and hest abstain since they were not at that meeting Chair accepted carried 4-0 27,1987, asked to />'lot ion Iodd F~ing~, Scout, and Art ~urnam, leader of Troop 514, were present and recognized by the Mayor CITIZENS' RIGHTS TO SPEAK Louis weltzer, 4625 Teller Street, informed Council that he and some of his neighbors are opposed to the wideninb of Teller Street and the placement of curb & gutter He asked the City to defer action until right-of-way has been determined Estelle Nies resiaes in Evergreen, but owns property on 4645 Teller Street, she bought the property because she felt it was a good place to raise children Traffic doesn't warrant widening of the Street And~~1, 467~ Teller, supported the previous speakers Freeland Goddard, 4200 Upham, stated that he has spoken to property owners on both sides of Upham Street concerning the Wadsworth Town Center and consensus is, that they would like to have all the property that nan be saved, saved They are also concerned that Upham Street could become an access for Wadsworth Town Center PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 294 - An Ordinance providing for the approval of a revised Outline Development Plan and Final Plan and Plat on land located at 4020 and 4084 Wadsworth BlvQ , City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-86-24) (Rodger Barsch and Randolph Currier) Continued from July 13, 1987 CITY COUNCIL MI~UTES AUbust lU, ljo7 Page -2- Council Bill 294 was introduced by Mr Johnson on second reading, title read by the Clerk City Attorney, John Hayes, informed Council that upon consultation with applicant's attorney, Mr Fox, the two of them had agreed this item should be postponed for jO days until Wadsworth Town Center development plans have progressed Motion by Mr Johnson to continue this for 30 days (September 24 meeting), seconded by Mr West, carried 7-0 Item~_ Council Bill 3u4 - An Ordinance providing for the approval or an amended Outline and Final Development Plan and change of uses permitted for a Planned Commercial Development (PCD) Zone District located at 7750 West 38th Avenue (Case No WZ-87-3) (Congdon Investment Company) Council Bill 304 was introduced on second reading by Mr Merkl, title read by the Clerk, Ordinance No 722 assigned Mr Gidley presented the case Present and sworn in by the Mayor were William_~aIQ~~, Architect, and Leigh Congdon, 6555 W 10th Place, who gave their comments on the project ~otion by Mr Merkl that Council Bill 304 (Ordinance 722) be approved for the following reasons 1 Staff and Planning Commission recommend approval 2 Yukon is a dead end street and traffic volumes are low 3 It represents an improvement along 38th Avenue, seconded by Mr Davis, carriea 7-0 Item-1~ Council Bill 307 - An Ordinance repealing ana reenacting various sections of Chapter 4 and 15 of the Code of Laws of the City of Wheat Ridge, substituting the position of "Animal-Park Enforcement Ufficer" for the positions of "Animal Control Officer" and "Park Ranger" respectively Council Bill 307 was introduced by Mr Merkl on second reaaing, title read by the Clerk, Orainance No 723 assil:,ned Motion by Mr Merkl for the approval of Council Bill 307 (Urdinance 723), secondea by Mr Davis Motion by Mrs Worth to add back under Section 17 td) the portion that was deleted All animals must be under control by means of a leash, cord or chain not to exceed six (6) feet in length, seconded by Mr Johnson, carried 7-0 Motion by Mrs Worth to add back under Section 15-6 (a) unless the specific area to be used is so posted or public announcement has been made by the director allowing such activity. When such areas are open for use, they are subject to rules and regulations program and safety as issued by th director, seconded by Mr Johnson, carried 7-0 Motion by Mr Johnson to add back under Section 15-6 (d) unless the specific area has been posted by the director allowing such activity, seconded by l'lrs Worth, carried 7-0 Motion by Mrs Ibbison to amend Section 20 (8) (2) that the portion that was deleted be added bach Safety inspection , safety inspection sticker; safety inspection will be conducted and stickers ...., and in place of Animal-Park Enforcement Officers' Hangers' be put City Hall Police Department by appointment On 20 (B) (3) add back Safety inspection; safety inspection sticker, and delete Department of Parks and Recreation, seconded by Mr Davis, carried 7-0 CITx CUUNCIL MINUTES AUl:,ust 10, 19&7 Page -j- Mrs Worth will vote No on change of the Park Ranbers has worked Mr West will complicated. Motion as amended carried 5-2 the original motion, she doesn't feel the from Parks Division to the Police Department vote No, because he feels it is betting too with Mr West and fvirs Worth voting No ORDINANCES ON FIRST READING Item-i_ Council Bill 30b - An Ordinance repealing and reenacting Sections 6-1 and 6-2 of the Code of Laws of the City of Wheat Ridge, adopting thereby the National Electrical COde, 1987 Edition, by reference and adopting certain amendments thereto Council Bill 30& was introduced by Mrs Ibbison on first reading, title read by Clerk Motion by Mrs Ibbison that Council Bill 308 be approved on first reading, ordered published, public hearing be set for Monday, August 24, 1987 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Mr Johnson, carried 8-0 (Moe Keller had left a vote) Item..2._ Council Bill 309 - An Ordinance amending Appenrlix A of the Code of Laws for the City of wheat Ridge, by adding thereto Section 27 3, Building and Zoning Moratorium, on certain properties located within and adjacent to the Wadsworth Town Center in the City of Wheat Ridge, Colorado, pending approval of a Wadsworth Town Center hedevelopment Plan, and providing a penalty for violation thereof, and further repealinb Ordinance No 719, Series of 1987 Council Bill 30~ was intrOduced by Mr Johnson on first reading, title read by Clerk Motion by Mr Johnson that Council Bill 309 be approved on first reading, oraered published, public hearing be set for Monday, August 24, 1987 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconded by Mr Merkl Mr Davis asked to abstain Chair accepted Mr FIasco will vote No, because he tried to get information from Mr Hayes, doesn't understand--feels it violates the charter Motion carried 6-1 with Mr Davis abstaining, Mr FIasco voting No Mrs Keller had left yes vote Item~_ Council Bill 310 - An Ordinance repealing and reenacting Section 50 of Chapter 18 of the Code of Laws of the City of Wheat Ridge, allowing for specific alarms to sound directly into the Police Department Council Bill 310 was introduced by Mr Davis on first reading, title read by Clerk Motion by Mr Davis that Council Bill 310 be approved on first reading, ordered published, public hearing be set for Monday, September 10, 19B7 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconded by Mr Johnson, carried 8-0 Mrs. Keller had left a yes vote CITY COUNCIL MINUTE~ August 10, 1987 Page -4- DECISIONS, RESOLUTIONS, AND MOTIONS Iteml Decision regarding Commercial-One and Development at the Avenue (Case No WZ-85-10) reconsideration of rezoning from Residential-Two to Planned Commercial Southeast Corner of Youngfield and West 44th (Ralph ~jangone) Mr Gidley presented the case Ralph Mangone, 2781 Berry Lane, Golden, applicant, ex~lained his problem to Council Motion by Mr Johnson that conditions 2 and 3 be deleted from the conditions, seconded by Mr West, carried 7-0 Item~ Resolution 1046 - in support of retaining Nat Greer as Head Librarian of the Wheat Ridge Library Mr Merkl invited the library their concerns Motion by Mr indefinitely, seconded by Mr board for presentation or letter stating Merkl to table the Resolution FIasco, carried 8-0 Item-2- Motion regarding the dedication of 39th Place between Harlan and Ingalls Mr Minetor was present to give his concerns on dedication Present and sworn in by the Mayor were George Jarvis, 13260 W 16th Drive, who gave his reasons for requesting this dedication Robert Blizzard, 6033-6045 W 46th Avenue, who reiterated w 39th Place is a ~ublic street for all intents and purposes Dwig~Shea, 6035 W 39th Place, concurs with Mr Jarvis, feels City should maintain and repair street where traffic occurs ~ Scanlon, b095 W 39th Place, stated the street had recently been swept by a City sweeper Discussion followed Motion by Mr Davis that the dedication of West 39th Place between Harlan and Ingalls be forwarded to Planning Commission and recommend acceptance of the dedication prior to completion of improvements by the City and after setback variance approval and that City initiate variance approval through Board of Adjustment, seconded by Mr FIasco Mr West will vote No, because he doesn't think City should pay for street repair and maintenance on private street Motion carried 7-1 Mrs Keller had left a vote of No Item-1Q_ Bid award for 32nd Avenue Rehabilitation Project S-32 02-87 Motion by Mr Johnson that we award the contract for 32nd Avenue Rehabilitation to Asphalt Paving Company in the amount of their bid of $61,015 plus a 10% contingency for a total of $67,116 50 and that a $2000 force account be established for work by others I further move that the Director of Public Works be authorized to sign all change orders up to the total amount encumbered, and that $16,000 be transferred from account #31-303-795 to account 31-303-884 and that all costs for this project be charged to account #31-303-884, seconded by Mr West, carried 8-0 Mrs Keller had left a yes vote CITY COUNCIL MINUTES August 10, 1987 Page -5- ~-11- Consultant Selection for 4bth Avenue SID project between ward Road and Kipling Motion by Mr west that we approve Sellards & Grigg as the consultant to ~rovide services requested in the RFP of the 48th Avenue SID project between Ward Road ana Kipling, in the amount of their pro~osal of $146,150, I further move that a 15% contingency be established for possible negotiations of additional services required, and that the Director of Public Works be authorized to conduct the negotiations and approve the prices up to the amount of encumbered funds, I further move that all costs be charged against Account No 31-303-840 and shall not be encumbered until after January 1, 1988, seconded by Mrs worth, carried 8-0 Mrs Keller had left a yes vote I tem~ I"lotion re September Study Session Motion by Mr Merkl to cancel the September Study Session, seconded by Mr Davis, carried 7-1 with Mrs Worth voting no Mrs Keller had left a yes vote CITY ADMINISTRATOR MATTERS Mr Jaquay requested a motion regarding the corrected memo on Item 10 on account numbers Motion by Mr Merkl to so move, seconded by Mr Davis, carried 7-0 CITY ATTORNEY'S MATTERS John Hayes addressed the Teller Street residents who spoke earlier, about the Teller ~treet situation He had discussed this with Mr Weltzer, who is acting as lawyer for them He felt his position was, that unless Council removes this street from the ~rogram, the City was in sufficient legal position to move forward unless Council told him otherwise He requested an Executive Session at the end of the meeting for litigation matters Motion by Mr Merkl that an Executive Session under Section 5 7(b) (1) (A & B) be held after Elected Officials' tviatters, seconded by Mr Fiasco, carried 7-0 John Hayes addressed EDARC meetings This week or next, Trammel Crow will be presenting a first working draft of the Development Disposition Agreement Until that document is signed, it will be frustrating for everyone, because there won't be any kind of definitive answers we can give to legitimate questions that are being asked ELECTED OFFICIALS' MATTERS Mayor Stites requested breaking out the costs on EDARC versus the City on attorney's duties and some of the expenses, so we can have a more correct accounting of everything CITY CuUNCIL MINUTES August 10,1987 Page -6- Randy West addressed the seminar on Economic Development in San Jose that he attended He has a tape he will copy if members of Council wish to have one Tony Fiasco asked the Chief about the It is getting worse Can anything be trying and have issued some citations transition period new speeaway on w 41st Avenue done? Chief answered they are He feels it is in a Claudia Worth stated that the Air Pollution Committee will have a booth at the Carnation Festival Committee would like to have some brochures to hand out on wood burning The cost is $169 30 and they need Council approval to proceed The money can come from Account #102-798 Motion by Mrs worth to approve $169 30 for brochures, seconded by Mr Merkl, carried 5-2 with Mr Davis and Mr West voting No She informed Council that Senate Bill 219 is coming up before the legislature (that's the vested right bill), she hopes Council's position will remain Doesn't feel bill has been improved much She also addressed Arvada's stand on Rocky Flats She asked if the Hed Barn has been purchased by the Library Board Answer was, that the latest information was that the Central Bank of Denver had taken that property over in foreclosure and they were in contract with the Library Board Has not heard if transaction closed Mrs Worth stated that she understands it is C-l and warehouse cannot be in C-l Answer is, there is a public facilities portion that it could be rezoned ROd Johnson asked Chief if there on equipment the City has bought tentatively set for August 24 is a conference scheduled for Council Chief answered that it is Doris Ibbison expressed concern about the diminished visibility west on 44th Avenue on Young field going north on Youngfield to 44th and make a left turn on 44th Avenue under the overpass--short people in small cars have a problem at the intersection because of the growth She asked if the Ordinance can be changed to cut foliage back to 36 inches instead of 42 inches Mr Merkl stated the land development task force had reviewed that and recommended we stay at 42 inches EXECUTIVE SESSION WAS HELD Motion by Mr West to adjourn, seconded by Mr Jonnson, carried 7-0 Meeting adjourned at 10 40 p m /1 , . ,," Wanda--Sang;c;rty cl.efk---.------- APPROVED BY COUNCIL ON AUGUST 24, 1987 BY A VOTE OF 6 TU o - -/1 j _-Lt... .,,---' . .Ll..~~:J________.__ Kent Davis, Council President