Loading...
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 /' ~' J c '-'2~' A ~I Kent Davis, Council President