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HomeMy WebLinkAbout04/12/1982 April 12, 1982 CITY COUNCIL ~INUTtJ ClTi OF ,vdEJ\l' RIDGE, COLUHAD,) The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Pat Aiello, Will Burt, Kent Davis, Clyde E HobbS, Ken Lewis, Larry Merkl, Kay Ore, and Nancy Snow Also present City Clerk, Carol lJarllpf, l,ity Ad1ninistrator, Tom Palner, City Attorney, John Jiayes, uepartwent Heads Hichard Bredt, Cllarles otrornberg, staff, and interested citizens Hotion by l'lr Davis for the approval 01 tile hinutes of i'iarch 22,1':102, seconded by 'Irs Ore, carried 6-0 PUDLIC COi,IMENT Gladys ~OOd, 403'1 Upha~, requested assistance fron toe City on the area behind her property regarding the junk, the trailer, and the 4-foot high landfill, now that Nrs Dunaway is not going to build in the near future Dougal uraham, 333U Chase, spoke regaraing the First Amendment to the US Constitution, the history of the Area-4 Planning Committee, anj its name t'iayor Stites adlilinistered the Oath of Office to Sam :'1artin, building Code Advisory board member, Edgar Johnson, Parks and Recreation Commissioner, and Joseph A Mora, Mass Transit Committee ilember He also read the Proclamations for GRANGE Wr~ElI., April 18-24, 19b2 (which was accepted by i'lr Roy Wardle), IJOLUWfEEH Kr.COGNITI01~ WEEK, April 1d-24, 1982, and AHBOH DAY, April 16, 1982 He also recognized toe City Parks Department for their tree planting program and recognition by the National Arbor Day Foundation as a Tree Citj USA for the third year in a row Mrs Ueverly Phillips of the Parks and Kecreation Commission said that on Arbor Day a tree will be planted in Hayward Park in rnernorium of Jerry Wilson It has been donated by the Parks and Recreation CO!llmission PUBLIC HtAhINGS AND ORDINANCE~ ON SEl,OND READING Item 1 Application by Donna Dunaway for approval of an Official Site Plan for property located at 3950 Wadsworth Blvd (l,ase No WSP-02-1) (Postponed from March 22, 1982) Item 1 was not heard because Mrs Dunaway had withdrawn her request for ~ite Plan approval ORDINANCES ON fIRJT R~ADING Item 2 Council Bill 1~ - An Ordinance providing for the approval of a rezoninG from Residential Three (H-3) to GOlnmercial One (C-1) with conditions for land located at approximately 5400 ~est 38th Avenue, City of ~heat Ridge, County of Jefferson, State of Colorado (Case No Wl-82-3) (John Obialero, Jr ) Ordinance was introduced on first reading by Mr Davis, title read by the Clerk Motion by Mr Davis for approval of Council Bill 15 on first reading, order it published, public hearing be set for Monday, May 10, 1982, {30 p m in City Council Cha:nbers, Hunicipal BUilding, and if approved on second reading, take effect 15 days after final publication, seconded by Mrs Ore, carried d-U DECISIONS, RESOLUTIONS, AJD MOTIOHS ILem 3 Application by Donald P Anderson for approval of a Dumping Permit on property located at approximately 33th & Parfet (l.,ase 1~0 DP-02-1) (Postponed froirl ~'larch 22, 19(2) Mr ~tromberz gave the staff report Donald Anderson, applicant, 35UO Miller Lt , was present for questioning Louis Ficco, 11315 ~ 38th Ave , who lives in the neiBhborhood was concerned about future drainage after the dirt is spread out It was determined that when the CITi COU~GIL MI~UTES April 12, 1'102 Page -2- dirt is spread out after Lena Gulch is completed and the area is out of the flood plain, that the applicant will need to come in for a second permit to ~rade the area Motion by Mr Merkl that Case No UP-82-1, a request to dump 7)00 cubic yards of fill, be approved for the following reasons 1 Staff recommends approval, 2 there have been no negative referrals, 3 there are no adverse impacts to adjacent properties, seconded by Mr Davis, carried 3-0 Item 4 Request by Richards Mansion Task Force to authorize the hiring of Lon:; Hoeft Archi tects Ruth Ric11ardson, chainnan of the hichards i"iansion Task force, spoke regarding their process for recotllrnending an architect Also present froLl the TasK Force were Getty Lose, Doris Ibbison, Claudia Guerrina, Lillian Fleming, Connie Collins, llomer _Hoesener, Ted Erickson, and Margaret Webb Also present were the architects Gary Long and Kathy lloeft I'lotion oy IVlr Hobbs that the firm of Long Hoeft Archi tects of Denver be ~iven the contract tor toe plans, schedule, and estimated costs for the restoration/renovation of the Richards Mansion propertj, seconoed by ir HerKl, carried 8-0 Item ~ Award of Bin for construction of one Arapahoe Aquifer well in Hayward Park r'lr I3redt :save t'le repOl"t on tile bidding Bob Jafelski, 13'JU Independence, of H R 5 ~ater Consultants, Inc , was present and answered questions Edgar Johnson of Parks and hecreation Co,n"lission was also present to discuss the value of the well Motion by Mr Aiello that we contract with Norman Hill Drilling Co , to drill one Arapahoe Aquifer well, in Hayward Park, at a total cost of $33,744 25, to be charged to account No 31-603-362 and also instruct the Purchasing Agent to try to negotiate a reasonable time limit with penalties in the contract, seconded by Mrs Snow, carried 6-2, with Mr Burt and Mr Lewis voting No, stating they felt the well would not be cost effective Item 6 Consent Agenda A Resolution No 780 - authorizing the City of Wheat Ridge to enter into an intergovernmental agreement with the County of Jefferson in order to provide for the performance of certain duties by the County Clerk B Award of Bid for air compressor for Public works C Budget Transfer Resolution - for well costs and Richards Mansion Architects D Budget Transfer Resolution - to fund trip to Washington D C by City Attorney E Set neighborhood and Public hearing date for application from Sierra Vista Lounge, Inc , 9751 West 49th Avenue, for a Class T - Tavern Liquor license with extended hours F Adopt Revised Council Rules of Order and Procedure G Hold Executive Session - Charter Section 5 7(b)(3) H ..:Jet Public Hearing on Council Bill 14 (with suggested amendments from Animal Control Commission) for April 26,1982 ~ancy Snow requested to remove Item F the Consent Agenda with the exception carried 7-1 with Mr Lewis voting No Motion by Mr Aiello to accept of Item F , seconded by Mrs Ore, 6 F Mrs Turner of 11256 ~ 3dth Ave, spoke, making suggestions for amend~ents Amended Motion to adopt F of the Consent Agenda (Council Rules of Order and Procedure) wi th the following amendiilents 1 )3ection 2 7, second sentence be changed to read "If a reason for voting Ho is requested, it will be recorded in the ~1inutes of that meeting and at that time in a brief and condensed form" CITt COUNCIL MINUTES April 12, 1982 Page -3- 2) Add to the TABL~ OF RULES RELATING TO THE MOTIONS I~OTIOi~ "Call for a separate vote on a resolution which is one of a series on different subjects offered by a single motion" DEBATABLE No AI~ENDABLE No COMMENTJ Demand of a single member compells specified separate vote, Original Motion by Mr Aiello, seconded by Mrs Ore, first amendment by i~rs Snow, seconded by ~~r Lewis, carried 8-0 Second amendment by Mrs Snow, seconded by Mr Lewis, carried 6-2 with Mrs Ore and Mr Aiello voting No Motion as amended carried 5-3, with Mr Hobbs, Mr Lewis, and Mrs Snow voting No Failed Amendments 1) by Mrs Snow to amend 8 4 and delete the words "and not rnake audible responses", received no second 2) by Mr Lewis to delete all of Section 2 4 Right of Floor, seconded by Mrs Snow, Failed 3-5 with Councilmembers Davis, Burt, Merkl, Ore, and Aiello voting No 3) by Mrs Snow that the Clerk keep brief minutes of all Study Sessions received no second 4) by Mr Lewis that the City retain the tapes of Council Meetings indefinitely, seconded by Mr Hobbs, Failed 3-5 with Councilmembers Aiello, Ore, Merkl, Burt, and Davis voting No 4) by Mrs Snow to keep the tapes of Study Sessions, seconded by Mr Davis, Failed 4-4 with Councilmembers Ore, Merkl, Burt, and Aiello voting No EXECUTIVE SESSION was held Item 1 Resolution 183 - authorizing the Jefferson County Open Space Officials to secure professional appraisal on the Burwell Property, located at 12201 West 38th Avenue in Wheat Ridge, Color ado l'lr Bredt explained that this proposed Park property is adjacent to and behind Kullerstrand School Edgar Johnson, Parks and Recreation ComllJission, was present and stated that he was speaking for the Commission and that they recommend having an appraisal but had not considered the access road width He suggested possible easements with perhaps one-way roads in and out Failed Motion by Mr Hobbs that the appraisal be referred back to the Parks Commission for further study as to the actual 15 56 width and that it be checked with the School District as to obtaining an easement for proper access and adequate right-of-way width from 33th back to this property before moving ahead with an appraisal, seconded by Mr Merkl, Failed 4-4 with Councilmembers Davis, Lewis, Aiello, and Snow voting No Motion by Mr Lewis that we go ahead with the appraisal now (Resolution 183) and at the same time have the City negotiate with the R-1 School District to see if we can get a permanent easement along their easterly boundary line and at the same time the City might want to negotiate with the property owners (to the East) as a backup easement someplace else on the property so that we can make roads like Mr Johnson suggested - one-way each way, seconded by Mr Burt, carried 5-3, with Mr Davis, Mr Hobbs, and Mrs Ore voting No Item 8 Approve Purchase Agreement for Lena Gulch property Blaine Greene, 11827 ~ 65th Circle, Arvada, owner of the property was present and stated that he will accept the sale for the appraised value of the property and also the addition to the purchase agreement for a correct certified metes and bounds legal description Motion by Mr Aiello for the approval of the purchase agreement with the addition to the contract that there be added to Section 5 "And further agrees to provide the City with a certified metes and bounds legal & boundary description", seconded by ~lr Hobbs, carried 7 in favor, I~rs Snow abstaining Mr Hayes had stated that it was acceptable for her to absta in Motion by Mr Hobbs to suspend the Rules and continue with the Agenda in its entirety, seconded by Mr Merkl, carried 8-0 CITY COUNCIL MINUTES April 12, 19fJ2 Page _1.+- I tern 9 Resolution 784 - authorizing the Jefferson County Open Space Officials to negotiate for the purchase of the Byerly Property, located at West 29th & Newland Streets in Wheat Ridge, Colorado Mr Bredt stated we had previously passed a Resolution for appraisal and now if we wished to go further, pass a Resolution for purchase Clement Bisan, 2980 Newland, and Rose Franklin, 3057 Ames, spoke in opposition to the purchase of the property Maybelle Rossilon, 6505 W 31st Ave, and Lillian Fleming, 6363 W 29th Ave, spoke in favor of purchasing the property Failed Motion oy Mr Lewis that this be continued for at least 30 days, more if Parks and Recreation needs it, because 1) the appraisal did not come back as the motion stated, which was to be for the costs with the land to be ready for use for the City to build a park, whereas the building removal appraisal was verbal, and 2) that the Park Commission come up with a foolproof method of safety for children in the area with Newland Street running between the two Parks, seconded by Mrs Snow, Failed 2-6 with Councilmembers Hobbs, Burt, Davis, Ore, Merkl, and Aiello voting No Motion by Mr Aiello that in the light of the residents most affected by the acquisition of this property as a park and also in the light of the undesirable division by Newland 3treet, I move that we not accept this appraisal and not purchase this property, seconded 9Y Mrs Ore, carried 6-2 with Mr Lewis and Mrs Snow voting No Meeting adjourned at 12 00 midnight Carol F , ( , <- '-. ~ llampf, Ci ty Clerk