HomeMy WebLinkAbout04/25/1988
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
April 25, 1988
The City Council Meeting was called to order by the Mayor at 7 30 p m.
Councilmembers present Kent Davis, Tony FIasco, Doris Ibbison, Larry
Merkl, Moe Keller, Nancy Snow, Randy West, and Claudia Worth Also
present City Clerk, Wanda Sang, City Administrator, Mike SnJith, City
Attorney, John Hayes, Acting Public Works Director, Bob Goebel,
Chief of Police, Howard Jaquay, staff, and interested citizens
APPROVAL OF MINUTES of April 11, 1988
Motion by Mr West for the approval of the Minutes of April 11, 1988,
seconded by Mrs Keller Mrs Worth asked that under "Citizens' Right
To Speak", Mr Hartung's comments, be added "it was his opinion that",
on page 6, instead of "playground equipment in it", should read "parking
around it" Motion carried 8-0
CITIZENS' RIGHTS TO SPEAK
Kay Ore, 10565 W 46th Ave, representative of the City to DRCOG Water
Quality Control Advisory Committee, informed Council that Arvada has
proposed three different amendments to the Clean Water Act One of the
proposed amendments concerns waste water and there is a possibility that
it will affect Clear Creek, which runs through our Greenbelt She asked
for Council direction on this matter, so that she could relay it to the
Committee The hearing on it will be in June
Robert Vermillion, 2800 S
Avenue Steering Committee
Council's support for the
Frontage Road
University, Denver, member of the West 48th
and owner of the Lakemont project, urged
West 48th Avenue Improvement District and the
John F. Medved, 15055 W
asked for Council's help
Improvement District
Maple Avenue, Golden, owner of Craig Chevrolet,
in moving ahead with the 48th Avenue
Jack Wagaman, 32750 Inverness Drive, Evergreen, business owner in
Improvement District, spoke in support of the frontage road and
district
Allen McClean, 23776 Cody Park Road, Golden, owner of Decals, Inc ,
participant in the 48th Avenue Improvement District, urged Council to
move ahead speedily with the District
Floyd Harrison, 31350 Robinson Hill Road, Golden, Executive Director of
the Baptist Home Association, referred to letter circulated to Council,
he wants to endorse the establishment of the West 48th Avenue
Improvement District as proposed and cautioned against any delays
CITY CUUNCIL MINUTES
April 25, 1988
Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
Council Bill No 334 - An Ordinance levying assessments upon
the real property within the City of Wheat Ridge Special
Improvement District No 1987-1, for part of the cost of the
improvements to be constructed and installed in the District,
and prescribing the manner for the payment and collection of
said assessments
Council Bill 334 was introduced on second reading by Mrs Worth, title
read by the Clerk, Ordinance No 751 assigned Motion by Mrs Worth for
the approval of Council Bill 334 (Ordinance 751) on second reading,
seconded by Mr Flasco
Bob Goebel informed Council that the City had received an official
protest from Raul 0 Salazar, Attorney with Sween, Salazar & Barry,
Ltd , representing Don and Janice Waldron, and read the protest into
the record
Kay Ore, 10565 W 46th Avenue, representing the Valley Water District,
was sworn in by the Mayor Valley Water is the water provider for the
Special Improvement District Valley Water is in full support of this
project
Charles Ketchum, 6576 Hillside Way, Parker, was sworn in by the Mayor
He is involved with Wagaman and Associates, and spoke in favor of this
project They had some questions regarding road alignment, but had not
received a response to their letter to Public Works
Mayor Wilde instructed Mr Goebel to look into this and respond to Mr
Ketchum Copies of the letter were distributed to Council and the
Clerk
William H. Sanders, 2960 Braun Ct , Golden, was sworn in by the Mayor
He stated his mother owns a business in the District and they are in
favor of the development of the roadway
Gary Sanders, 2881 Olympia Lane, Evergreen, was sworn in by the Mayor
He is not opposed to West 48th Avenue, but is opposed to the assessment
They paid for W 49th Avenue to be built and paved in 1973, from Kipling
to Miller The road will go further away from them and they shouldn't
be penalized for that
Motion carried 8-0
Item 2
Council Bill No 335 - An Ordinance authorizing the issuance of
special assessment bonds in the principal amount of $1,250,000
of the City of Wheat Ridge, Colorado, for City of Wheat Ridge,
Special Improvement District No 1987-1, prescribing the form
of the bonds, and providing for the payment of the bonds and
the interest thereon
(to be postponed until May 9, 1988)
Motion by Mrs Worth to postpone Council Bill 335 to May 9, 1988,
seconded by Mrs Keller, carried 8-0
CITY COUNCIL MINUTES
April 25, 19Ci8
Page -3-
Item 3
Council Bill 337 - An Ordinance providing for the approval of
rezoning from Commercial-One and Agricultural-One to Planned
Commercial Development (PCD) and for approval of a Combined
Outline and Final Development Plan and Plat on land located at
approximately 10150 West 43rd Avenue, City of Wheat Ridge,
County of Jefferson, State of Colorado
(Case No WZ-88-3) (Rio Colorado Oil & Gas, Inc )
Council Bill 337 was introduced on second reading by Mr Merkl, title
read by the Clerk, Ordinance No 752 assigned
Meredith Reckert presented the case
Applicant Scott Jensen, #8 Morningside Drive, was present and sworn in
by the Mayor and gave concept of the courts and facility they are
proposing
Paul Hutton, 1725 Blake Street, Denver, architect, was sworn in by the
Mayor and showed concept
Brett Shirley, 12963 W 20th Avenue, Golden, was sworn in by the Mayor
He will be in charge of the Junior program
Wayne Harris, 4251 Kipling Street, engineer with KKBNA, was sworn in by
the Mayor and explained the plat
Motion by Mr Merkl that Council Bill 337 (Ordinance No 752), a request
for rezoning at approximately 10150 W 43rd Avenue, from Commercial-une
and Agricultural-One to Planned Commercial Development and for approval
of a combined outline and final plan and plat, be approved for the
following reasons
1 It is compatible with surrounding land use and zoning
2 It is consistent with the Comprehensive Plan and the Fruitdale
Valley Master Plan
3 Staff and Planning Commission recommend approval
WITH THE FOLLOWING CONDITIONS
1 Construction of West 43rd Avenue be in accordance with Sheet No 2
(City owned land)
2 Approval be received from the Oulette Ditch Company
3 The architectural style be similar to that presented to Planning
Commission and City Council, seconded by Mr West, carried 7-1 with Mrs
Snow voting No Mrs Snow is voting No, not because it is wrong for
this property, but because it is an unfortunate precedent, and she is
afraid that all along the Greenbelt everyone who comes in, will come in
with a plan to use part of our parkland
Item 4
Council Bill No 338 - An Ordinance conveying easements for
construction and maintenance of sewer lines to the Westridge
Sanitation District, which easements run through property in
which the City of Wheat Ridge possesses an interest
(Continued from April 11, 1988)
Council Bill 338 was introduced by Mrs Keller on second reading, title
read by the Clerk, Urdinance No 753 assigned
CITY COUNCIL MINUTES
April 25, 1988
Page -4-
John Hayes ~tated that he and Mr Bredt held a meeting on the 20th of
this month with representative~ of both Westridge and Northwe~t Lakewood
and as consideration for the conveyances we are asked to make, the
districts are agreeable to keeping their exi~ting fencing up near the
area where we will be getting an easement to continue the Greenbelt up
by the Zarlengo property That hasn't been prepared yet and presented
to Council for acceptance, but it will That is part of this overall
consideration We will be receiving easements to continue with the
Greenbelt Trail They will keep the existing fence up around their
wa~tewater treatment plant, the City will agree to provide screening and
maintenance, solely as it relates to any damages incident to trail
usage The City will put up two warning signs indicating not to leave
the trail, this is to limit the City's liability They will grant us a
surface easement only, for use of the trail, but they will agree to
repair any damage that was done after they completed any improvements
We would maintain the Clear Creek channel and bank in conjunction with
Urban Drainage and Flood Control District, and finally we would put up a
Johnson Park type of gate, which they would have a key to, to eliminate
people getting into their property
Motion by Mrs Keller for the adoption of Council Bill 338 (Ordinance
No 753), seconded by Mrs Ibbison, carried 8-0
Item 5
Public Hearing on Reconstruction of 32nd Avenue during 1988 and
1989, from Young field Street to Kipling Street The
Comprehensive Plan call~ for a bikeway and a width of 44 feet
from face of curb to face of curb
This item was introduced by Mayor Wilde, who explained the phases of the
proposed project He asked those present to maintain their decorum at
all times and not make audible responses
Bob Goebel gave City's presentation a~ to the right-of-way~ both
existing and proposed, traffic, Comprehensive Plan and how traffic
relates to that, lane option~, the existing and proposed width of
the street, and specifically Youngfield to Union Street, traffic
restrictions on 32nd Avenue, status of the project schedule as it stands
at this date
Speaking in opposition and sworn in by the Mayor were
Peter Porsi, 10120 W 32nd Avenue, Rich Von Luhrte, 3062 Mountain Shadow
Drive, Bob Leigh, 1889 York Street, traffic engineer and paid consultant
representing the neighborhood, Dave Heppe, 3333 Simm~ Street, William
Clark, 3205 Moore Street, Connie Lecciso, 3200 Moore St , read petition
heading into the record, and turned in petitions, David Gagliardo, 3330
Nelson Street, Mitchell Reynolds, 11780 Swadley Drive, Pat Weibler, 3077
Owens Ct , Lakewood, Roland Breaux, 10635 W 26th Avenue, Linda Slater,
3501 Parfet, Eleanor Lynch, 10627 W 31st Place, Lillian Smith, 3179
Vivian, Darryl Albright, 12132 W 32nd Avenue, Robert Reitz, 10890 W
39th Place, Lucille Beck~tead, 3505 Miller Ct , Glenn Coury, 10088 W
32nd Avenue, Carl Willner, 3190 Simms, Stan Dempsey, 10899 W 30th
Avenue, Richard Orcutt, 10033 W 30th Avenue, Bill Kelley, 11502 W 31st
Place, Pete Klammer, 11221 W 27th Place, Lakewood,
CITY CUUNCIL AGENDA
April 25, 1988
Page -5-
Isabel Abbott, 10780 W 35th Avenue, Janelle Shav~ 4355 Newland, Tom
Slattery, 6869 W. 32nd Avenue, Phil Plummer, 10398 W 41st Avenue,
Joseph Thompson, 9000 W 64th Avenue
Their comments and concerns included heavy truck traffic, creating
additional hazards by backing into the street, elevation of 32nd Avenue,
32nd is a neighborhood street, not a through street, disruption to
neighborhood, a lot of work has been done prior to citizens' input,
process is structured that it's either 44 feet or none, property damage
to sidewalks, trees, fences, safety, cost overruns, would like to see
street improved, resurfaced, sidewalk continued all the way, no reason
to take out a perfectly good ~idewalk and replace it with another
~idewalk, unwanted and undesired project, it is better to forfeit the
federal grant and preserve the character of the neighborhood, 32nd could
handle the traffic for Woolco and Handy Dan and can handle the traffic
for Walmart, concern for safety of school chilren who must cross 32nd
Avenue, intersection improved at Young field end and Kipling end, City
Engineers are out of sync with the residents of the community, lower
property values, decrease in tax revenues to Jefferson County Schools,
government exists for the purpose of serving the people, the people do
not want the project, change Comprehensive Plan,
Motion by Mrs Keller to suspend the Rules and go past 11 00 pm,
seconded by Mrs Snow, carried 7-1 with Mr FIasco voting no
Also sworn in by the Mayor and speaking in favor of the project were
Ray Winger, 4050 Ammons, Kay Ore, Carl Cerveny, 3425 Moore, Charles
Jones, 4560 Allison Street, Charles Graul, 7955 W. 42nd Avenue, George
Graul, 4200 Yarrow, Rod Johnson, 3313 Wright, Jerry Roach, 7805 W 41st
Avenue, Roberta Flasco, 4440 Reed Street, George Langdon, 3570 Miller,
Phil Edwards, 11297 W 44th Avenue, Robert Hartung, 5925 W 39th Place
Their comments included sympathy with re~idents on 32nd Avenue, but
street has to be constructed according to City standards required by the
Comprehensive Plan, Wheat Ridge is fast becoming a dying City,
businesses move out faster than new ones come in, decision has to be
based on what is best for the City as a whole, not on the negative of
those who want Wheat Ridge as it was in the 40's and 50's, West 32nd is
in such bad condition that some improvement has to be done, if federal
grant is lost, property owners should form a Special Improvement
District to pay for the design and construction of the street the way
they want it, 32nd is a dangerous street now for cars, people to walk
on, not safe for bicycles, draws people from the side streets, traffic
will increase with economic conditions, City can't live on property
taxes, needs sales taxes, 32nd should have more than 2 lanes and a
sidewalk and bikepath, a 44-foot street is not really a wide street,
if a substandard roadway is built, all citizens should be consulted,
don't stand in way of progress, we don't want to lose the money,
what is the liability to Wheat Ridge and Council if a substandard street
is built? shopping center traffic has to be controlled before major
problems develop,
City Clerk, Wanda Sang, read 4 letters into the record
CITY COUNCIL MINUTES
April 25, 1988
Page -6-
Motion by Mrs Snow that the staff design West 32nd Avenue from Kipling
to Young field as a two-lane street, with turn lanes as needed but not as
a continuous center lane, to a maximum width of 33 feet flow line to
flow line, the maximum 33 foot width to be exceeded at two locations
only, as follows
1. At Youngfield, to provide for a turn lane on the north into the
shopping center and into northbound Youngfield, with the increased width
to extend no further east than Ward Road
At Kipling, to provide for a turn lane on the souLh into southbound
Kipling
2 That curbs and gutters be installed on both sides of the street with
a sidewalk on one side and a wider bikepath on the other, with the
provision that, as a cost savings measure and to cause the least
disturbance to neighboring properties, sidewalks and bikepaths now in
existence, of at least standard width and in good condition, be retained
unless it is necessary to remove part of the northern bikeway near
Kipling to get the width for the turn lane at that location
3 That the staff study and present alternatives to improve traffic
flow at the shopping center
4 That the city submit a change in specifications on the FAUS grant to
meet this design, specifically asking that points be added for provision
of a bikepath and the points be retained for continuity, since this
design does provide for continuity with 32nd Avenue as it now exists
both on the east and on the west
5 That the staff advertise for bids this year on the portion only from
Union to Youngfield, or, if Lakewood will contribute its share, from
Simms to Youngfield,
seconded by Mr West, Failed 4-4 with Councilmembers Keller, Worth,
Snow, and West voting yes
Motion by Mrs Keller that Council put this project on hold until such
time as we can look at alternative minor collector or other designs to
amend our Comprehensive Plan for West 32nd Avenue, seconded by Mrs
Snow, Failed 4-4 with Councilmembers Keller, Worth, Snow, and West
voting yes
CITY COUNCIL MINUTES
April 25, 1988
Page -7-
Motion by Mrs Snow that the staff draw up a 4-lane design for the
Comprehensive Plan and the Grant from Kipling to Youngfield, seconded by
Mr West, failed 4-4 with Councilmembers Merkl, Flasco, Ibbison, and
Davi~ voting yes
Motion by Mrs Keller that we conduct a Special StuOy Session in June,
the fir~t Monday in June, with design standards from the State Highway
Department and various other cities in the area that have minor
collector or residential collector streets to look at alternatives to
our Comprehensive Plan for West 32nd Avenue, seconded by Mrs Snow,
Mrs Ibbison suggested a friendly amendment--to go ahead with the
program this year from Ward Road to Young field
Mrs Worth suggested a friendly amendment to the friendly
amendment--that West 32nd would narrow east of Ward Road to 33 feet
Motion Failed 4-4 with Councilmembers Keller, Worth, Snow, and West
voting yes
Motion by Mr FIasco to adjourn, seconded by Mr Davis, carried 7-1 with
Mrs Worth voting No
CITY ADMINISTRATOR MATTERS
Mike Smith informed Council that a number of Ordinances on first reading
had been deferred from this Agenda, and wondered if Council would be
willing, prior to the Study Session next Monday night, to have a Special
Council Meeting to deal with these first readings
Motion by Mrs Worth to hold
next Monday, seconded by Mrs
No
a Special Meeting before the Study Session
Snow, carried 7-1 with Mr FIasco voting
Mike Smith then referred to a copy of the proposed Ordinance from the
Planning Commission and LDR Task Force as it relates to residential uses
in the City, Glen Gidley will be out of town on May 2, 1988 and wondered
if a Special Study Session could be held on May 16 for the purpose of
reviewing this proposed ordinance
Motion by Mrs Worth to hold a Special Study Session on May 16 to go
over the proposed Ordinance, seconded by Mr Merkl, failed 4-4 with
Councilmembers Merkl, Keller, Worth, and Ibbison voting yes
Motion by Mrs Worth that LDR Task Force bring in the proposed Ordinance
on the June 6 Study Session, seconded by Mr Merkl, carried 8-0
Mike Smith then complimented Council on a tough night, nice job,
reminded Council of Ribbon Cutting and Grand Opening at Wal-Mart on May
3, 8 15 a m
CITY COUNCIL MINUTES
April 25, 1988
Page -8-
CITY ATTORNEY'S MATTERS
John Hayes addressed the potential purchase of the Mestecki property,
that matter was deferred until this meeting It was requested that we
complete the contract until the end of May if we are going to do this
Motion by Mrs Worth to bring this in on May 9, 1988, seconded by Mrs
Keller, carried 7-1 with Mr FIasco voting No
John Hayes stated that the DDA had finally been finished and would be
presented to EDARC for a Resolution to execute the documents within 15
days after City Council was notified of the existence of the agreement
He proposed this Resolution be placed on the Special Meeting Agenda on
May 2, and have the contract explained in its entirety on the May 9
Agenda This should be distributed to Council on Friday There were no
objections to this procedure from the Council
Meeting adjourned at 1 15 a m
/ &/.. {,' t{'i~ .'C '" ,r
Wanda Sang, City Cl.frk
APPROVED BY CITY COUNCIL ON MAY 9, 1988 BY A VOTE OF
8
TO 0
/'
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c '-'2~' A ~I
Kent Davis, Council President