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HomeMy WebLinkAbout10/26/1981 uctober c'b, 1':181 CITY L00~CIL MI~UTLJ CITY JF ~H~AT RIDGE, COLORADO The City Council Meeting was called to order by the Mayor at ( 30 p m Gouncilmembers present Pat Aiello, Bill Bowman, Mary Jo Cavarra, ~ent Davis, hen Lewis, Larry Merkl, Kay Ore, and Louise Turner Also present City Clerk, Carol Hampf, City Treasurer, James Malone, City Administrator, Tom Pahler, City Attorney, Jonn Hayes, Department Heads hichard Bredt and Rodger Young, staff, and interested citizens Motion by Mr Bowman 1':181, seconded by Mr rOOil!) for Lhe Davis, approval of the Minutes of October 1':1, carried 7-0 (Mr Aiello was out of the PUBLIc, CU['Ii'lLtH Claudia Worth, 46JU Oak, extended a message of thanks to Mrs Mrs Cavarra for their many years of work on City Council A thanks and a bouquet red roses were presented to each of theln Turner and card of PUbLIC l1EAHIlJGS ANlJ uHDINAIJCES ON SECJfW KEADI1JC] I tern 1 Application for 3 2% Beer Retail License for Dillon Companies, Inc , dba King Soopers, 5275 ~ 38th Ave, Wheat Ridge, Golorado Representatives of King Soopers were present and availaole for questioning Also Sherilyn McGarry, c,ity's survey taker, was present and availal>le if there were questions There was no one present in opposition Motion by Mr Aiello for the approval of the application for 3 2. Beer Retail License for lJillon Companies, Inc , dba King Soopers, 5275 w 3dtn Ave, t'lheat kidge, Colorado, seconded by Mr Davis, carried d-O Item 2 Application by Kipling Ventures Ltd for approval of a four-lot minor subdivision located on property located at approximately 4301 Kipling Street, ~neat Ridge, Colorado (c,ase No MS-81-4) Mr Gidley gave the staff report and entered the necessary documents into the record Howard Browning, 7456 W ~th Ave, Lakewood, was present for the applicants There was no one in opposition Motion by Mr bowman that Case No MS-81-4 Kipling Ventures, a request for a 4-10t subdivision, be approved for the following reasons 1 Planning Commission and staff recommend approval 2 All Planning Commission conditions and subllivision requirements have been met 3 Adequate emergency vehicle access, open space access and traffic circulation are met through this subdivision, seconded by Mrs Ore, carried 7-1, with Mrs Turner voting No Item 3 Council Bill 89 - An Ordinance repealing Ordinance 454, adopted by the Wheat Hidge Lity Council on May 11, 1981, repealing Sections 8-1, 8-5, 8-6 and 8-7 and reenacting Sections d-1 and 8-5 of the Code of Laws of the City of Wheat Ridge, adopting by reference the Uniform Fire Code, 197':1 Edition, copyright 1Y79, providing for certain amendments th~reto, and providing penalties for violation thereof Council Bill was introduced on second reading by Mr Lewis, title read by the Clerk Amended Motion that Council Bill 89 (Ordinance 472) be adopted to amend the Fire Code for the preservation and safeguarding of life, or limb, health, or property, and public welfare, with the amendment that in Section (f) after the first sentence add "The Wheat Ridge Police Department shall be empowered to enforce this section by the issuance of a Summons and Complaint" uriginal Motion by Mr Lewis, seconded by Mr Aiello Amending Motion by Mrs Turner, seconded by Mrs Ore, Amendment carried 8-0 Motion as amended carried 8-0 CITY GOUNCIL MINUTES October 26, 1981 Page -2- IteIiJ 4 Council Dill 91 - An Ordinance amendin~ Chapter 21 of the Code of Laws of the City of dheat Ridge relating to taxation by including certain items as subject to taxation Council Bill 91 was introduced on second reading by Mr Lewis, title read oy the Clerk Motion by Hr Lewis for the adoption of Council Bill 91 (Urdinance 473), seconded by ~f,rs Turner, carried 8-0 Motion to amend by Mr Aiello to delete the portion of ~ection 1 pertaining to I~icrowaves, seconded by Mr Lewis, Failed 2-6, with Councilmembers Merkl, bowman, Cavarra, Davis, Ure, and Turner voting No Motion by Mr Aiello to amend the City Sales Tax Rules and Regulations by adding Article 11 3A (incorrectly stated as "17 3") Gas and Electric Service "Gas means natural or manufactured gas used in the production of energy or used in industry to heat greenhouses, or for other industrial uses", seconded by Mr Lewis, carried 5-3, with Mr Merkl, Mr Bowman, and Mrs Cavarra voting No Item 5 Council Bill 92 - An Ordinance vacating a portion of 32nd Avenue located east of Union Street within the City of Wheat Ridge, Colorado, as more fully described herein Council Bill 92 was introduced on second reading by Mr Bowman, title read by the Clerk Amended Motion that Council Bill 92 (Urdinance 474) a request for a vacation of the north 13 feet of W 32nd Avenue at approxImately 11901 d 32nd Avenue, be approved for the following reasons and with the following conditions 1 Planning Commission and staff recommend approval 2 The existing 80 feet of right-of-way exceeds collector street requirements 3 The vacation will not deprive any person of access to a public street 4 That the remaining 67 feet of right-of-way will provide sufficient width for utilities, a bus turnout lane, and will reduce maintenance problems Gonditions 1 That the vacated strip be attached to Lots 1 through 6 of the Rancho Del Sol Subdivsion 2 That the RancllO Del Sol plat be amended to eliminate the excessive utility easement along the southern boundary of the plat to show the additional area of the street being attached to lots 1 through 6 3 That the maintenance of all sidewalk and all open area become the responsibility by covenant of the homeowners of Rancho Del Sol property Original Motion by Mr Lewis, seconded by Mr Merkl Amending Motion by Mr Merkl, seconded by Mr Aiello Amendment carried 7-1, with Mr Davis voting No Motion as amended carried 6-2 with Mrs Turner and Mr Davis voting No Amended Motion that failed that Council Bill 92, a request for a vacation of the north 5 feet of d 32nd Avenue at approximately 11901 W 32nd Avenue, be approved for the following reasons and with the following conditions 1 Planning Commission and staff recommend approval 2 The existing 80 feet of right-of-way exceeds collector street requirements 3 The vacation will not deprive any person of access to a public street 4 That the remaining 70 feet of right-of-way will provide sufficient width for utilities, a bus turnout lane, and will reduce maintence problems Conditions 1 That the vacated strip be attached to Lots 1 through 6 of the Rancho Del Sol Subdivision 2 That the Rancho Del Sol plat be amended to eliminate the excessive utility easement along the southern boundary of the plat to show the additional area of the street being attached to lots 1-6 3 That the sidewalk be set back from the curb and gutter 4 That if any portion of the sidewalk has been poured on or prior to October 22nd, the amendment regarding sidewalks shall be void Original Motion by Mr Bowman, seconded by Mr Lewis First amendment, regarding vacation of 5 feet rather than 10 feet, by Mrs Cavarra, seconded by Mr Aiello, carried 6-2, with Mr Lewis and Mr Davis voting No Amendment 2, regarding the pouring of the sidewalk, by Mrs Cavarra, seconded by Mr Aiello, carried 6-2 with Mr Lewis and Mr Davis voting No Motion as amended failed 4-4 with Councilmembers Davis, Lewis, Aiello, and Ore voting No CITY CUUN~IL MINUTES October 2b, 1981 Page -3- Item 6 Council Bill 94 - An Ordinance repealing and reenacting Sections 6-1 and 6-2 of the Code of Laws of the City of ~heat Ridge, adopting thereby the National Electrical Code, 1981 Edition, by reference and adopting certain amendments thereto Council Bill 94 was introduced on second reading by Mr Davis, title read by the Clerk Motion by Mr Davis that Council Bill 94 (Ordinance 47~) be adopted This will assure the practical safeguarding of persons and property from hazards arising from the use of electricity, seconded by Mr Merkl, carried 7-0 (Mrs Turner was out of the room) Item 7 Council Sill 97 - An Ordinance to sell or dispose of a municipally owned building by accepting the lowest stated bid, which bid will, if awarded, result in demolition of the house and barn located on the Hayward Property, owned by the City of ~heat Ridge at the approximate location of the southeast corner of Wadsworth Boulevard and ~est 29th Avenue Council Bill 97 was introduced on second reading by Mrs are, title read by the Clerk Motion by Mrs Ore to adopt Council Bill 97 (Ordinance 476) and award the demolition of the house and barn located at 7590 West 29th Avenue, to Bob Anderson Excavating and Wrecking Inc , at a total cost of $5,495 00, to be charged to account No 31-603-862, seconded by Mr Aiello, carried 8-0 Item 8 Motion by Mr Merkl that the proposed changes to the Subdivision Regulations as outlined in the Planning Staff memo of September 30, 1981 be approved for the following reasons 1 the minor subdivision regulations will reduce costs to the subdivider and the City, 2 will provide uniform review criteria and standards, and 3 will reduce the review period for minor subdivision without street dedications or public reservations, seconded by Mrs Ore Mrs Cavarra requested that II C 4 a concerning minor subdivisions being heard by Planning Commission and not City Council be split out That portion of the motion carried 6-2 with Mrs Cavarra and Mrs Turner voting No The remainder of the regulations carried 8-0 Mrs Turner stated she was voting no because she felt Council should hear and approve all minor subdivisions ORDINANCES ON FIRST READING Item 9 Council Bill 98 - An Ordinance amending Chapter 2, Article IV, Section 2-24, Code of Laws of the City of Wheat Ridge, Colorado, which pertains to duties and responsibilities of the Planning Commission Council Bill was introduced by Mr Merkl, title read by the Clerk Motion by Mr Merkl for the adoption of Council Bill 98 on first reading, ordered published, public hearing be set for Monday, November 23, 1981 at 7 30 p m in City Council Chambers, Municipal Building, and if approved on second reading take effect 15 days after final publication, seconded by Mr Davis, carried 6-2 with Mrs Turner and Mrs Cavarra voting No Item 10 Council Bill 99 - An Ordinance repealing Ordinance 431, Series of 1980, providing for classifications, pay ranges and pay grades Council Bill 99 was introduced on first reading by Mrs Ore, title read by the Clerk Motion by Mrs Ore that Council Bill 99 be approved on first reading, ordered published, public hearing be set for Monday, November 23, 1981, at 7 30 p m in City Council Chambers, Municipal Builaing, and if approved on second reading, take effect January 1, 1982 after final publication, seconded by Mr Davis, carried 8-0 CITY COUNCIL MINUT~S October 20, 1981 Page -4- DECISIOUS, HESOLUTIOilS, AND t'IOTIONS Item 11 Motion to accept an audit proposal for fiscal year 1981 Mr Malone, City Treasurer, was present to answer questions Motion by Mr Lewis to accept the financial audit proposal of deiss, Carr & Gruenler, for a period of 3 years at a total cost of $lY,500 to be charged to Account No 01-103-750 with the amendment that the contract be amended to indicate that the City could rescind the contract on 30 days notice, seconded by Mr Davis, carried 8-0 Item 12 A Award of bid for construction of Lena Gulch Schedule II B Agreement with Urban Drainage and Flood Control District regarding Construction Improvements to Lena Gulch Schedule II, Agreement No 81-5 8 Motion by Mr Bowman that the contract for Lena Gulch Schedule II Improvements be awarded to Siegrist Construction Company in the amount of their bid of $1,181,958 25 for the channel work and Alternate B for the 38th Avenue crossing and the cast-in-place alternate for Item 47 subject to adequate assurances or guarantees that coloration and gradation will be provided and authorization be given for the Director of Public works to sign all change orders up to the total amount of the contingency He further moved that the Mayor be authorized to sign Agreement with Urban Drainage No 81-5 8, seconded by Mr Merkl, carried 7-1 with Mr Lewis voting No, stating he voted No because he didn't get an answer to his question Item 13 Resolution 746 - A Resolution of intent to authorize the issuance of City of Wheat Ridge, Colorado, single family mortgage revenue bonds Mr Rex Swann of Edgewater was present to answer questions about the Resolution Motion by Mr Merkl for the adoption of Resolution 746, seconded by Mr Lewis, carried 7-1, with Mrs Turner voting No Item 14 Motion by Mr Bowman that we go back to the original concept of Veterans Day as a City Holiday and not a choice between that and the Friday after Thanksgiving, seconded by Mrs Ore, carried 6-2 with Mrs Cavarra and Mrs Turner voting No Consent Agenda It em 15 A Resolution No 747 - supplementing Resolution 731 re Inducement Resolution for Industrial Revenue Bonds for Marquette Properties, Ltd (King Soopers) B Motion to approve overhaul of Street Sweeper C Resolution 748 - amending Resolution 741, an Industrial Revenue Bond Inducement Resolution, dated October 19, 1981, for R & D Developers (Dunaway) D Resolution 749 - amending Resolution 742, an Industrial Development Revenue Bond Inducement Resolution, dated October 19, 1981, for 1 st Bank of Wheat Ridge, N A A Motion by Mr Aiello for the adoption of Resolution 747, seconded by Mr Davis, carried 6-2, with Mrs Turner and Mr Lewis voting No B Motion by Mr Merkl that the Elgin Street Sweeper, Unit #64, be overhauled by Faris Machinery Company, in accordance with their estimate uf $8,~10 90, and with the understanding that in no case is it to exceed $15,000, to be charged to Account No 19-303-832, seconded by Mrs Turner, carried 6-2, with Mr Lewis and Mrs Ore voting No C & D Motion by Mrs Ore for the adoption of Resolutions 748 and 749, seconded by Mr Aiello, carried 5 in favor, 2 opposed--Mr Lewis and Mrs Turner, and 1 abstention--Mr Davis for reasons previously stated ClIt CUUNCIL MINUIES Uctober 26, 1981 Page -5- CITY ATTORNEY SMATTERS Mr Hayes stated that we had been sued over the Booze N' Beans Transfer of License and he was planning to protest the suit as being frivolous and capricious He also thanked Council for his opportunity to be City Attorney these past 2 years C0UNCILM~MBERJ' MATTERS Mr Lewis asked how long it takes the concrete on the new curb, gutter, and sidewalks to cure and was told "7 days" Mr Merkl indicated that according to the memo from Rodger Young our front-end loader needs repair as soon as possible, therefore he moved that our 1972 front-end loader be taken to the Allis Chalmer dealer and the transmission be overhauled Estimated cost of repairs to be approximately $3,000 Actual cost may exceed the previous mentioned estimate Cost of repairs to be charged to Account 01-305-660 with the understanding if the cost exceeds $5000 00 the matter be brought back to City Council, seconded by Mrs Ore, carried 8-0 i"leeting adjourned at 11 00 p m -W'l( 17 k;r1 - ~rOl F Hampf, Cit G/erk / APPROVED CFH, chj,