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HomeMy WebLinkAbout08/24/1987 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO August 2hJ.987 The City Council Meeting was called to order by the Mayor at 7 35 p m Councilmembers present Kent Davis, Tony FIasco, Doris Ibbison, Larry Merkl, Moe Keller, Randy west, and Claudia Worth Rod Johnson was absent, but had left votes on certain items Also present City Clerk, Wanda Sang, Acting City Administrator & Chief of Police, Howard Jaquay, City Attorney, John Hayes, Public Works Director, Ric Minetor, Director of Community Development, Charles Stromberg, Director of Planning, Glen Gidley, staff, and interested citizens APPROVAL OF MINUTES of Au~ust 10, 1987 Motion by Mrs Ibbison for the approval of the Minutes of August 10, 1987, seconded by Mr Davis Mrs Worth pointed out a typo under Public Comment when Freeland Goddard spoke, the word than should be that Mrs Keller asked to abstain since she was not at that meeting Chair accepted Motion carried b-O with Mrs Keller abstaining CITIZENS' RIGHTS TO SPEAK Carol COlvett, 13191 W 29th Avenue, Golden, stated she is purchasing property at 3175 Wadsworth, and asked about the status on widening Wadsworth Suggestion was that she check with DRCOG and State Highway Department The City of wheat Ridge does not know of any changes other than the 2010 Plan and State Highway Department plan PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Public Hearing to consider the approval by the City of Wheat Ridge of the issuance of single family mortga6e revenue bonds in one or more series in the maximum aggregate principal amount of $120,000,000 by the City and County of Denver, Colorado Resolution 1047 - authorizing assignment to the City and County of Denver, Colorado a portion of the allocation of the City of hheat Ridge, Colorado as a "Designated Local Issuing Authority" under 1987 Colorado Senate Bill No 72 for use in connection with a program to finance residential facilities for low- and middle-income families and persons within Denver and certain other cities and counties in the State of COlorado, authorizing the delegation to the City and County of Denver, Colorado of the authority of the City of Wheat Ridge, Colorado to issue Revenue Bonds to finance the program within the City of Wheat Ridge, and authorizing the execution and deliVery by the City of Wheat Ridge of an assignment and a delegation agreement CITY COUNCIL MINUTES August 24, 1987 Page -2- Resolution 1047 was introduced by Mr Merkl, title read by the Clerk Motion by Mr Merkl for the approval of Resolution 1047, seconded by Mrs Keller. Discussion followed Motion carried 8-0 (Mr Johnson left a vote of yes) Item 2. Application by Richard and Kathleen Garramone for approval of a change of conditions on a previously approved rezoning Said property is located at 10351 West 44th Avenue (Case No WZ-87-7) Mr Gidley presented the case Present and sworn in by the Mayor was applicant Kathleen Garramone, 10351 ~ 44th Avenue She stated the fence was already in place Motion by Mrs Worth that Case No ~Z-87-7 be approved for the following reasons 1 The property is within the City of Wheat Ridge and all notification and posting requirements have been met ~ The proposed modified plan would meet the intent of the site plan submitted at the time of zoning 3 This has been agreed upon with the applicant With the following condition 1 That the fencea storage area would start at the northwest corner of the white builoing at the rear of the main store, extend 10 feet west and 27 feet south, seconded by Mr Merkl, carried 7-0 Item 3 Council Bill 305 - An Ordinance amending Chapter 12, Motor Vehicles and Traffic, of the Code of Laws of the City of Wheat Ridge, by adding thereto Article III, Emissions from Gasoline or Diesel Engines, and providing a penalty for violation thereof Council Bill 305 was introduced on second reading by Mrs Keller, title read by the Clerk, Ordinance No 724 assigned Present and sworn in by the Mayor were Chris Fedak, 605 Boyd Street, Golden, who questioned the 40% instead of 20% The answer was, that 40% is what the State Statute is, and the Air Pollution Committee did not feel it should be more stringent than the State Statute Patti Shw~er, 1100 14th Street, Denver, who is with the Metro Air Quality Council, asked Council to support Council Bill 305 Motion by Mrs Keller for the adoption of Council Bill 305 (Ordinance 724;, seconded by Mrs Worth Discussion followeo Mr Davis will vote No, because of 1 enforcement problem, 2 literature that was provided for Council prior to this hearing There are as many dust particles that are contributing to the brown cloud as any carbon monoxide or any other contributor, can't see why we are not trying to do something to clean up the soil particles Motion carried 5-3 with Councilmembers Davis, Fiasco, and Johnson voting No (Mr Johnson had left a No vote) Item 4 Council Bill 306 - An Ordinance providing for the approval of a Change of Conditions on a Special Use Permit for automotive repair on land located at 5038 Kipling Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-87-3) (James E Lakin) August 24, 198"( CITY COUNCIL MINUTES Page -3- Council Bill 306 was introduced on second reading by Mr Davis, title read by the Clerk, Ordinance No 725 assigned Mr Gidley presented the case Present and sworn in by the Mayor was Edward Brown, 11375 W 58th Avenue, representing the applicant. Motion by ~lr Davis that Council Bill 306 (Ordinance 725) be approved for the following reasons 1 Jurisdiction has been established 2 Staff and Planning Commission recommend approval 3 It is consistent City policy to allow outside storage if screened from view With the following condition 1 That the fence be totally opaque, seconded by Mr West, carried 7-0 Item 5. Council read by for the Keller, Item 6 Council Bill 308 - 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, 1907 Edition, by reference and adopting certain amendments thereto Bill 30b was introduced on second reading by Mrs Ibbison, title the Clerk, Ordinance No 72b assigned Motion by hrs Ibbison approval of Council Bill 308 (Ordinance 726), seconded by Mrs carried 8-0 (Mr Johnson had left a yes vote) Council Bill 309 - An Ordinance amending Appendix 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 Redevelopment Plan, and providing a penalty for violation thereof, and further repealing Ordinance No 719, Series of 1987 Council Bill 309 was introduced on second reading by Mrs worth, title read by the Clerk, Ordinance No 727 assigned ~lotion by Mrs Worth for the approval of Council Bill 309 (Ordinance 727) with the amendments suggested by the City Attorney, seconded by Mr West Mr Davis asked to abstain Chair accepted Mr FIasco will vote No, because it takes away a basic right of a property owner to develop his property Motion by Mrs Worth to amend her motion On Page 4 2 add after days of receipt by the City of an application This was accepted by Mr West lvJotion carried 5-1 with Mr Flasco votine, No, Mr Davis abstaining ORDINANCES ON FIRST READING Item 7. Council Bill 311 - An Ordinance providing for the approval of rezoning from Restricted-Commercial to Commercial-One on land located at 1~2bO West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-U7-10) (Reed Becerra) Council Bill 311 was intrOduced by Mr Davis on first reading, title read by Clerk Motion by Mr Davis that Council Bill 311 be approved on first reading, ordered published, public hearing be set for Monday, September 28, 1907 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 Mrs Keller, carried 8-0 (Mr Johnson had left a yes vote) CITY CUUNCIL MINUTES August 24, 1987 Page -4- Item 8. Council Bill 312 - An Ordinance providinb for the approval of rezoning from Restricted-Commercial and Commercial-One to Commercial-One on land located at 9160 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-87-8) (Roger Rayfield) Council Bill 312 was introduced by Mr Merkl on first reading, title read by Clerk Motion by Mr Merkl that Council Bill 312 be approved on first reading, ordered published, public hearing be set for Monday, September 26, 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, seconQed by Mrs Keller, carried 8-0 (Mr Johnson had left a yes vote) Item 9 Council Bill 313 - An Ordinance providing for the approval of rezoning from Residential-One to Restricted-Commercial on land located South of 3150 Youngfield, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-87-6) (Conrad Becker) Council Bill 313 was introduced by Mrs Ibbison on first reading, title read by Clerk Motion by Mrs Ibbison that Council bill 313 be approvea on first reading, ordered published, public hearing be set for Monday, September 28, 1987 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take elfect 15 days after final publication, seconded by Mr Davis, carried 8-0 (Mr Johnson had left a yes vote) DECISIONS. RESOLUTIONS. AND MOTIONS Item 10. Resolution 1048 - A Resolution pursuant to Section 14 2 of the Wheat Ridge Home Rule Charter approving an Intergovernmental Agreement between the City of Wheat Ridge and the Wheat Ridge Fire Protection District relating to provision of Ambulance Services to residents of the City of wheat Ridge, and authorizing the Mayor and City Clerk to sign said Intergovernmental Agreement Resolution 1048 was introduced by Mrs Keller, title read by the Clerk Chief Jaquay noted a change in policy on page 2, paragraph 3 City will pay for fuel The annual cost will be $1,250 to $1,500 Provisions will have to be made in the 1968 Budget Discussion followed Motion by Mrs Keller for approval of Resolution 1048, seconded by Mrs Worth, carried 8-0 (Mr Johnson had left yes vote) Item 11 Resolution 1049 - pursuant to Section 14 2 of the Wheat Ridge Home Rule Charter approving an Intergovernmental Agreement between the City of Wheat Ridge and Jefferson County relating to resurfacing/rehabilitating West 32nd Avenue between Kipling and Wadsworth, and authorizing the Mayor and City Clerk to sign said Intergovernmental Agreement CITY C0UNCIL MINUTES AUbust <:'4, 1987 Page -5- Resolution 1049 was Motion by Mr Davis West, carried 8-0 introduced by Mr for the a~proval (~lr Johnson had Davis, title read by the Clerk of Resolution 1049, seconded by Mr left yes vote) Item 12 Motion by Mr West that the amount of $783 (or $930) be transferred from unallocated reserves, to Account #121-750 to cover expenses related to three Planning Commissioners attending the APA-Planning Commissioners' Workshop in Steamboat Springs, September 17 and 18, seconded by Mr Merkl Motion by Mr Merkl to amend that daily food allowance be $25 00 per day instead of $50 00, seconded by Mrs Ibbison Mr FIasco will vote No because Council did not require the staff to cut their meal allowance to $25 00 per day, the Acting City Administrator did He feels you are lucky to get by on $50 00 per day at any of the conferences Mr West will vote No, because these people serve on volunteer basis and he doesn't feel they have to use their own money when the City sends them to conferences Motion failed 3-4 with Councilmembers Keller, Merkl, and Ibbison votin~ yes Vote on original motion carried 7-1 with Mr Davis voting No (Mr Johnson had left yes vote) Item-.li.!. Motion by Mrs from Computer be charged to carried 8-0 Worth that the Input/Output board be purchased Services for a cost of $3,000 and that this cost Account #117-802, seconded by Mrs heller, (Mr Johnson had left yes vote) Item 14 Motion by I'lr the Election (Nr Johnson Merkl to reappoint Jean H~hes and Ed Pinson to ComrrJission, seconded by t'Jr West, carried 8-0 had left yes vote) CITY ATTORNEY'S MATTERS John Hayes addressed a problem at 10200 W 38th Avenue Staff has reviewed this problem and concurs with Mr Hayes that a Civil Action be filed to enforce Code Civil Action would order termination of business or clean-up Motion by Nr West to proceed with Civil Action against the Herr property at 10200 W 38th Avenue, seconded by Mr Merkl, carried 7-0 John Hayes reported on EDARC activities Requests for Proposals have gone out for appraisers, bond underwriters, and financial advisors Interviews will be held for appraisers this week and bond underwriters within the next week or two, for completion of the acquisition Development team, if you will The requests for proposals were sent to those appraisers suggested by the attorneys who will be helping us with eminent domain action The previous appraisals, that were done after being approved by EDARC, were relating to j properties and have never been accepted by the City Not all the fees that were ever incurred after being authorized by EDARC have been paid As this information as to the identity of the appraisers and underwriters becomes available, he will report them to Council There will be a meeting with the Ross, Trammel, Crow people on Thursday, August 27 There is a draft of the Development Disposition Agreement in their hands and he is reasonably corrJfortable at this point that during the month of September this will be presented to the Council and EDARC for approval and acceptance CITY COUNCIL MINUTtS August 24, 1907 Page -6- ELECTED OFFICIALS' MATTERS Larr:i Merkl moved that City Council affirm the appointment of Michael...1._ Smith as City Administrator for the City of Wheat Ridge and all provisions of the appointment and contract that have been worked out be approved, seconded by Mr West, carried 7-0 He asked Ric Minetor how the 44th Avenue project is coming Answer The contractor is to start sometime this week He also asked when the project between Wadsworth and Harlan on 44th will be finished Answer First week of September He asked about the drainage project on 38th Avenue Answer pipe delivery will be sometime this week--they will notify Public Works when they'll start work Should be finished in 45 working days Kent Davis received a letter from Senior Resource Center asking if Council had any questions Also, they would provide a program at Council's request Randy west addressed the Intergovernmental Agreement with Jefferson County on 32nd Avenue He asked when work will start Answer next week He asked Mr Hayes when we can get the herr's of 10200 W 38th Avenue to Court Answer This may have to have publication notices (summons by publication) Should be done no later than the first week of September Moe Keller asked Mr Hayes if there has been further communication with the lawyer of the property where trucks are being parked (next to TLI) Answer his telephone calls are not being returned Doris Ibbison addressed letter from Mrs Watson re problems at 44th & Youngfield--visibility at intersections Are there going to be any changes in the oroinance? Mr Hayes answered that it has been discussed by the Land Development Task Force and there will be more discussion between Mr Gidley, Chief Jaquay, Mr Foreman, and himself Claudia Worth asked the Chief to look into the possibility of hiring a Director for the museums The money for salary could be taken out of Open Space funds Motion by Mrs Worth for adjournment, seconded by Mr Merkl, failed 3-4 with Councilmembers FIasco, Worth, Ibbison, and Keller voting No Wand~ang asked if anything can be done about visibility problems when you are exiting from the east side of 1st Bank either to the left or right View is blocked by cars parking along curb Answer All that can be done is to ask the owners of the property to help alleviate the problem, as it is private property CITY COUNCIL MINUTE~ August 24, 1987 Page -7- Motion by Mrs Ibbison to adjourn, seconded by Mrs worth, carried 6-1 with Mr Davis voting NO Meeting adjourned at 9 35 p.m. I 'I' ~ '- )/_lL~L&=4\ ",<A < Wanda Sang, Cit~CI~ / APPROVED BY CITY COUNCIL ON SEPTEMBER 14, 1987 BY A VOTE OF 7 / / TO 0 , ~A /' I ! -n _ _~~ /J<:<i!.rz:.-..1__ Kent avis, Council President