HomeMy WebLinkAbout10/10/1988
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
October 10, 1988
The rity Council Meeting wa~ called to order by the Mayor at 7 30 p m
Councilmembers present Kent Davis, Tony Fla~co, Doris Ibbison, Larry
Merkl, Moe Keller, Nancy Snow, Randy We~t, and Claudia Worth Also
pre~ent City Clerk, Wanda Sang, City Administrator, Mike Smith, City
Attorney, John Hayes, acting Chief of Police, Ed Ray, staff, and
interested citizen~
APPROVAL OF MINUTES of September 26, 1988
Motion by Mrs Ibbison for approval of the Minutes of September 26,
1988, seconded by Mr Merkl, carried 8-0
PROCLAMATIONS AND CEREMONIES
Mayor Wilde administered the Oath of Office to William T. Smith,
Building Code Advisory Board
CITIZENS' RIGHTS TO SPEAK
Sue Hanley, 4190 Dover Street, read a letter into the record requesting
a con~i~tent 25mph speed limit throughout the residential neighborhood
of the Wilmore-Davis Subdivi~ion
Lorenz Wegener, 6370 W 38th Avenue, chairman of the Community Center
Spaghetti Dinner, thanked Council for the Community Center and the
excellent maintenance and admini~tration for it
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1 Council Bill 360 - An Ordinance providing for the approval of
rezoning from Commercial-One to Planned Commercial Development
and for the approval of a Combined Outline and Final
Development Plan and Plat on land located at 4900 Parfet
Street, City of ~heat Ridge, County of Jefferson, State of
Colorado
(Case No WZ-88-15) (Sullivan/Hayes & Associates)
Item 2. Application by Sullivan/Haye~ and Associates for approval of a
3-10t Minor Subdivi~ion on property zoned Commercial-One (C-1)
located at approximately 4800 Parfet Street
(Ca~e No MS-88-03)
Mayor Wilde informed Council that there had been a request by the
applicant to continue Items 1 and 2
Motion by Mrs Snow that Item~ 1 and 2 be continued until October 24,
1988, seconded by Mrs Ibbison
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October 10,1988
Page -2-
Mrs Snow amended her motion to accept comment~ before the matter is
continue.1, second accepted
Dwight Boyles, representing Sullivan/Hayes and A~sociate~ was pre~ent,
but had no comments
Motion by Mr~ Snow to continue Items 1 and 2 until October 24, 1988 at
the request of the applicant, seconded by Mr~ Ibbison, carried 7-1 with
Mr West voting No
ORDINANCES ON FIRST READING
Item--1.:. Council Bill 361 - An Ordinance providing for the approval of
rezoning from Residential-Two to Commercial-One on land located
at 10201 We~t 1-70 Frontage Road North, City of Wheat Ridge,
County of Jefferson, State of Colorado
(Case No WZ-88-13) (Prudential Insurance Company of America)
Council Bill 361 wa~ introduced by Mr Davis on fir~t reading, title
read by Clerk Motion by Mr Davi~ that Council Bill 361 be approved on
first reading, ordered published, public hearing be set for Monday,
November 14, 1988 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 West, carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 4. Resolution 1115 - authorizing the City Treasurer to open a bank
account for the purpose~ of a Police Inve~tigation~ Fund
Resolution 1115 wa~ introduced by Mr Merkl, title
Motion by Mr Merkl for the adoption of Resolution
FIasco Ed Ray explained the purpose of the fund
read by the Clerk
1115, seconded by Mr
Motion carried 8-0
Item 5. Motion to convey Quit Claim Deed
Motion by Mrs Keller that the City convey by Quit Claim Deed certain
property to Rudolf Spandler and Barbara Spandler, as joint tenants,
according to the legal description in the attached Quit Claim Deed, and
that the Mayor and City Clerk be authorized to execute that Deed, and
that the Deed be delivered to Mr and Mrs Spandler upon receipt by the
rity of an executed Temporary Right of Entry and permanent easement
relating to the ~ame property de~cribed in the attached Quit Claim Deed,
~econded by Mrs Worth
Mr Hayes explained the reasons for conveying thi~ Quit Claim Deed
Mrs Snow ~ed to amend that if at all pos~ible paragraph 6 be taken
out prior to the Spandlers' signing the agreement (6 Nothing in the
above documents will ~erve as a waiver of the Spandlers' right to
maintain an action for trespa~s again~t the rity of Wheat Ridge for the
alleged unlawful entry upon their property Thi~ ~hould not be
CITY COUNCIL MINUTES
October 10, 1988
Page -3-
construed a~ an admi~~ion by the City of Wheat Ridge for trespass and/or
subsequent damage~), seconded by Mr FIasco, carried 6-2 with
Councilmembers Merkl and Worth voting No
Original Motion carried 8-0
Item 6. Motion re
1988 Miscellaneou~ Drainage Project
Motion by Mrs Keller that the contract for the 1988 Miscellaneous
Drainage Project be awarded to Wycon Construction in the amount of
$60,868 80 plus a contingency of $4,136 00 for a total of $65,004 80,
and that the Director of Public Works be authorized to ~ign all change
orders All co~ts to be charged to Account Number 31-302-833, seconded
by Mrs Snow, carried 8-0
Item 7. Motion re
Community Center Portico change order
Motion
Senior
by Mr
by Mrs Ibbison that $858
renter Fund, be allocated
West, carried 8-0
44 from Account No 53-602-799, the
to pay for the change order, seconded
Item 8. Motion re Apprai~al for purcha~e of Water Rights from Warren
Johnson and application for reimbursement from Open Space
Motion by Mr Merkl that the City obtain the apprai~al for the purchase
of the water right~ from Warren Johnson and that we apply to Open Space
for reimbursement
After discussion, Mr Merkl withdrew hi~ Motion and made a Motion that
the rity accept the value of water at $9,500, ~ince that wa~ the price
of the most recent water acquisition on that property, and that we
submit to Open Space this price and that we commence the purchase
immediately with Con~ervation Trust Funds, seconded by Mr West, carried
7-1 with Mr Davis voting No
CITY ADMINISTRATOR MATTERS
Mike Smith stated that there were no pressing Study Se~~ion Items tor
the months of November and December and wondered if Council would like
to cancel these meetings
Motion by Mrs Snow to cancel the December 5, 1988 Study Session,
seconded by Mrs Ibbison, carried 7-1 with Mr We~t voting No
The November Study Ses~ion will be addressed at the meeting of October
24,1988
Mr Smith stated he will be out of town on October 24 and that Mr
Gidley will be the acting Administrator
He then referred to the attached "Information Only" Item regarding
Quarterly Target I~sues and asked if Council would like to meet and
di~cu~s where we are and perhaps rearrange priorities or pull some
things off
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October 10,1988
Page -4-
CITY ATTORNEY'S MATTERS
John Hayes referred to the "Information Only" Resolution regarding
Performance Bonus Program which was discussed briefly at last week's
Study Session and a draft of an Ordinance regarding the indexing of
salary ranges He asked for comments before the Ordinance comes in for
first reading
He requested an Executive Session under 5 7 (b)(1)(B) of the Charter
Mr FIasco requested to add discussion under Section 5.7(b)(3)
Motion by Mr FIasco to hold an Executive Ses~ion under Sections
5 7(b)(1)(B) and 5 7(b)(3) and not to adjourn but to come back after the
Executive Session, seconded by Mrs Ibbi~on, carried 8-0
ELECTED OFFICIALS' MATTERS
Nancy Snow asked about the consensus regarding an informal hearing with
the property owners east on 38th Avenue, has that been set?
Michael Smith replied that a tentative meeting had been SCheduled for
October 26 with two separate sessions, one between the hours of 7 and 9
a m and one between the hours of 4 and 6 p m at the Grange at High
Court
Mrs Snow thought the meeting wa~ to be before Council and the hours
would not be convenient
Mr Merkl replied that the meeting~ had been set for the convenience of
the business community
Doris Ibbison stated the AARP
sales tax, why wa~ this done?
tax i~ not required on garage
had held a garage sale and had
Trea~urer, Jim Malone, ~tated
~ales
charged
that ~ales
Tony FIasco asked Council consensu~ to nominate Larry Merkl to serve on
the Executive Board at CML Con~ensus was 7-0
Tony FIasco asked that the letter be sent the next morning since it had
to be in by the middle of this week
He asked for Council con~ensus to have John bring in an Ordinance or
Resolution or whatever wa~ necessary, to po~t Cody, Carr and Dover at
41st Avenue at 25mph, seconded by Mrs Worth Mrs Snow stated that if
this was done, she wanted an Ordinance for the whole rity and not ju~t
one area She could list 30 or 40 other streets in her part of town
that were 30mph and would like to be posted at 25mph
Di~cussion followed
Con~ensus failed 3-5 with Councilmembers Keller, FIasco, and Worth
voting yes
Motion by Mrs Snow that the City Attorney bring in an amendment to the
Model Traffic Code making all local or residential ~treets have a 25mph
~peed limi t, seconded by Mrs Worth
Discussion followed
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October 10,1988
Page -5-
Mrs Snow called for the question, seconded by Mrs Worth, carried 7-1
with Mrs. Ibbi~on voting No
Vote on the original motion failed 4-4 with Councilmembers Fla~co,
Keller, Worth, and Snow voting yes
Larry Merkl asked that staff bring a report to Council to see if thi~ i~
legal and feasible and if we can do it
Moe Keller stated that the ~treet signs were posted with the ~treet
committees' knowledge and con~ent
She also commented how beautiful Uwens Park is and how very well used it
is, it was worth the money
Larry Merkl asked if anybody had driven 32nd Avenue from Pierce to
Sheridan ~ince we did the chip seal What did we do to that street? It
was better before we fixed it Answer was that Public Works had
notified the contractor that the work was not satisfactory and it would
have to be straightened out
Motion by Mr West to go into Executive Session, seconded by Mr Davis,
carried 8-0
EXECUTIVE SESSION WAS HELD.
Motion by Mrs Snow that the agreement for disconnection and annexation
between the City of Wheat Ridge and Lake~ide Mall Ltd be approved with
an amendment to Section 2 b to add at the end after the effective date
of the annexation "which payments ~hall be made solely from sales taxes
collected from businesses operated upon Lakeside" and to authorize the
Mayor and City Clerk to sign the agreement, ~econded by Mr West,
carried 8-0
Meeting adjourned at 10 05 p m
~. r.,,(~~
Wanda Sang,
VI
clt: y !' cijrk
APPROVED BY CITY COUNCIL ON OCTOBER 24, 1988 BY A VOTE UF
8
TU 0
.- ",~- /, de"'" \
Kent/Davis, Council President