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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 CITY COUNCIL MINUTES 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 CITY COUNCIL MINUTES 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 CITY COUNCIL MINUTES 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