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HomeMy WebLinkAbout10/24/1983 - CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO OCTOBER 24, 1983 The City Council rleeting was called to order by the ~layor at 7 30 P m Councilmembers present Pat Aiello, Will Burt, Kent Davis, Larry Merkl, Kay Ore, and Nancy Snow Mr Hobbs arrived at 7 34 P m Councilmember Ken Lewis did not attend the meeting Also present City Clerk, Wanda Sang City Treasurer, Jim Malone City Administrator, Tom Palmer; City Attorney, John Hayes Department Heads Charles Stromberg, Rodger Young, and Chief Jaquay; staff; and interested citizens t-lotion by ~lrs seconded by 111' Ore to approve the ~linutes of October 10, Davis; carried 6-n 19113 CITIZENS' RIGHT TO SPEAK Dudley Bentley, 4403 Teller Street, representing the volunteers from the Senior Center, spoke about the things all the Senior Center has to offer and expressed hope that the Senior Center additions will be approved in the budget Rose Franklin, 3057 Ames Street, also addressed the Senior Center expansion Item 1 PUBLIC Cm1~lENT AND ORDINANCES ON SECOND READING Council Bill 108 - An Ordinance amending the Code of Laws of the City of Wheat Ridge by adding provisions to and repealing certain sections of Chapter 2 and Chapter 18 thereof relating to the Civil Service Commission's authority and duties, establishing "The Rule of Three" as it relates to selection of candidates for employment by the Police Department, establishing all permanent employees of the Police Department other than the Chief of Police as Civil Service Employees and members of the Classified Service, revising probationary periods for original hire and promotion within the department, and repealing certain sections no longer deemed necessary for the effective administration of the Police Department Council Rill 108 was introduced on second reading by rlr Davis; title read by the Clerk notion by ~lr Aiello for the adoption of Council Bill 108 (Ordinance 552) seconded by 11r Burt 1-10tion by Ilrs Snow to amend Section 1 (c) (1) to prohibit police from political activity in City and County only Release them for statewide issues carried 5-2 with Mr Davis and I1r Merkl voting Uo Vote on original motion carried 7-0 Item 2 Council Bill 103 - An Ordinance amending Sections 18 (8) and 19 (B), Special Uses, of Appendix A of the Code of LQWS of the City of lfueat Ridge, and providinq penalties for violation thereof (ccmtinued from October 10, 1983) CITY COUNCIL MINUTES OCTOBER 24, 1983 PAGE -2- Council Bill 103 was introduced on second reading by Mr read by the Clerk ~lotion by ~lr Nerkl for the adoption 103 (Ordinance 553); seconded by Nrs Ore; carried 7-0 ~1erkl ; title of Council Bill Item 3 Council Bill 104 - An Ordinance amending Section 12-2, Model Traffic Code--amendments, additions, modifications, and deletions, of the Code of Laws of the City of Wheat Ridge by repealing and reenacting Section 11-1, stopping, standing, or parking prohibited in specified places--thereof, and adding thereto Section 11-4, parying of "Major Vehicles" in residential districts, and providing methods of enforcing said added Section 11-4, each of which shall constitute amendments to "The r.lodel Traffic Code for Colorado l1unicipali ties, 1 q77 edition previously enacted by the City of vmeat Ridge (Continued from October 10, 1983) Council Bill 104 was introduced on second reading by Mr Meryl; title read by the Clerk Ilotion by ~lr 1'1erkl for the adoption of Council Bill 104 (Ordinance 554) with the amendments presented in writing in City Attorney's memo dated 10/19/83 seconded by Mrs Ore Motion hy Ill'S Snow to amend Section 2 (c) 4 to read "no parking 8 foot inside from front property line" seconded by Mr Aiello carried 5-2 with Nr Davis and ~lrs Ore voting No Mr Stromberg suggested that under Section 2 (c) 5 everything after "commercial purposes" be stricken and inserting a semi-colon This was accepted into the original motion tlr Hayes suggested that Section 2 (d) 2 (a) read "Have the right to request a hearing before the Chief of Police, which hearing will be held no less than 72 hours after the making of said request " and at the end of paragraph that "in the event any towing that has been found to have been improper all cost for towing and storage shall be reimbursed by the City to the owner" be added These amendments were accepted by the Motion Maker and second Original Motion carried 7-0 Item 4 Council Bill 106 - An Ordinance providing for the approval of rezoning from Agriculture-One (A-I) to Commercial-Two (C-2) on land located at approximately 10551 West 41st Avenue, Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-83-13) Council Bill 106 was introduced on second reading by l'lr Burt title read by the Clerk Mr Stromberg presented the case Applicant George Langdon, 3570 Miller, was sworn in by the Mayor and stated his reasons for wanting the rezoning Phil Plummer, 10398 W 41st Ave, was sworn in by the rlayor He owns property east of the Langdon property He spoke in opposition of the rezoning and submitted 40 signatures also in opposition (Exhibit I) He read the title on petition signatures into the record Discussion followed Motion by Mr Burt that Council Bill 106 be denied for the following reasons 1) This proposal is not compatible with adjacent uses and zoning 2) It is not in compliance with the Comprehensive Plan 3) This proposed rezoning would constitute spot zoning if approved 4) Both staff and Planning Co~nission recommended denial seconded by ~lrs Snow; carried 7-0 crn: COUNCIL 11INUTES OCTOBER 24, 1983 Paqe -3- Item 5 Mot_.n that Case No WS-83-1, a request for a _2-10t single family Final Plan located at 32nd Avenue and Routt Street be approved 1Ir Stromberg presented the case Applicant Ray Archer, 3130 Union Street, was sworn in by the Mayor and stated his reasons for requesting approval of the Final Plat Speaking in favor and sworn in by the 11ayor were Louise Turner, 11256 W 38th Avenue, and ~'lartha Shacklett, 3519 Simms Street ~lotion by ~lrs Snow that Case lJo VJS-83-1, a request for a 12-10t single family Final Plat be approved for the following reasons 1 Planning Commission and Staff recommend approval 2 All zoning and subdivisioll requirements have been met 3 The 635 foot cul-de-sac is temporary 4 The permanent easement for Lena Gulch satisfies the required dedication Subject to the following condition A standard ,1rainage and flood control easement be signed by the applicant prior to recordation of this plat seconded by Mr Burt carried 7-0 1Ir Aiello asyeo Council to move Item 10 to hear after Item 6 agreed Council DECISIONS, RESOLUTIDtJS, AND /lOTIONS Item 6 Resolution 864 - Resolution approving amendments to the Limited Wadsworth 'rown Center Project and Urban Renewal Plan 110tion by 11r Merkl that Resolution 864, Series of 1983, amending the Limited Wadsworth Town Center Project and Urban Renewal Plan be approved; seconded by Mrs Ore; carried 7-0 Item 10 Motion that the City Council jointly fund with the Urban Renewal Authority the hiring of an economic development professional at the Planner II level and that the IIayor be authorized to sign the Intergovernmental Agreement dated October 17, 1983, to accomplish this cooperative qoal Mayor Stites read the above suggested Motion Motion by Mrs Ore for approval; seconded by Mrs Snow Discussion followed Mrs Ore wi thdrew her r:lotion and ~lrs Snow her second Motion by 11r Burt that City Administrator prepare a job description incorporating the ideas which were discussed tonight--which he summarized, and to present that job concept to a meeting of the Urban Renewal Authority, City Council, City Chamber of Comnerce Coordinating Committee, and Chamber of Commerce Representatives to arrive at a final resolution of funding with additional provision that $10,000 be budgeted toward this purpose in the 1984 Budget seconded b} Mr Aiello; carried 7-0 Item 7 A Public Hearing on proposed revenue sharing funds B Resolution 865 - Resolution adopting the City Budget and establishing Mill Levy for the purpose of derivinq property tax revenues to the City of Wheat Ridqe for the fiscal year 1984 A Mayor read the title from the Agenda speak There was no one present to CITy COUNCIL ~IINUTt,S OCTOBER 24, 1983 Page -4- n Resoluti was introduced by Mr Aiello, title rea JY the Clerk Motion by ~lr - Aiello for the adoption of Resolution 865- seconded by Mr Burt Motion by ~1rs Ore to aod $50,000 into the Capital Improvement Fund (Account #31-121-800-861) for West 44th Avenue Beautification Program from General Fund Unallocated; seconded by Mr Merkl Discussion followed Mr Davis stated he will be voting No because he does not feel $50,000 will even scratch the problem down there, and there is a problem He would have to agree with Mrs Snow, that the problem is a little farther down on 44th Ave He is not really sure beautifying is going to solve it Vote on amended motion carried 4-3 with ~lr Davis, Mrs Snow, and ~lr Burt voting No Mr Hayes requested a change in the City Attorney's Eudget by contingent amount of $5,000 (this was discussed at Budget Session), parceled out at $50 00 per hour only on basis of those days which are extra court days over above those that are now scheduled lIe would propose that the bills come through him to the Ci ty Treasurer so he would be completely responsihle approving them ~1r Aiello stated he will add this to his motion second also acknowledged They will also adopt new page 121 Vote on original motion carried 7-0 Item 8 Resolution 8hh - A Resolution providing for a budget transfer to fund a 44th Avenue beautiful program hetween Kipling and Youngfield Streets Resolution 866 was introduced by I'll'S Ore; title read by the Clerk Motion by Mrs Ore to approve the concept of a beautification program with cost to be shared 50/50 with adjacent property owners along 44th Avenue between Kipling and Young field Streets for 44th Avenue Beautification and that Resolution l~ 86h be adopted transferring $25,000 as the City's share for this program seconded by rlr Aiello Mr Davis stated he will be voting No because no citizens were here with support of it and he doesn't feel it is enough money to do anything ~lr Durt cil.lled for the question seconded by Mrs Snow; carried 7-0 Vote on original motion failed 4-3 with Councilmembers Aiello, I'lerkl, and Ore voting Yes Item 9 Resolution 867 - Resolution providing for budget transfers within the annual budget to purchase vehicular equipment for the Public Works Department Resolution 867 was introduced by I'll' Merkl; title read by the Clerk ~10tion by 11r rlerkl that we purchase the following equipment from the following suppliers for the amount of their bids Tandum Dump Trucks - Pennington GMC S88,730 00 pick-up Trucks - Sill-Ter Har Ford 18,485 68 Snow Plows and Hitcher - H W Moore Co 12,236 00 Pot Hole Patch Unit - Mtn States Ind 50,782 25 Tractor ~10wer - H \'1 1100re Co 3Q, 646 00 Street Sweeper - Farris Equipment Co 64,155 00 I further move to approve Budget Transfer Resolution 8(,7 for the transfer of funds for the short fall in the equipment account seconded l,y Mr Aiello; carried 7-0 Item 11 110tion that we purchase the Police Department radio system from Motorola Communications, Inc , at a total cost of $35,713 04 to be charged to Account No 203-805 CITY COut1CIL !'IINUTES OCTOBER 24, 1983 PAGE -5- tlotion by tlr Burt that we purchase the Police from Hotorolc. Communications, Inc , at a tot~l charged to Account No 203-805 seconded by Mrs voting No Item 12 Department radio system cost of $35,713 04 to be Ore, carried 6-1 with Mrs Snow Motion for the acceptance of the Verification of Performance Report of September 23, 1983, by Cable Television Franchising Consultants regarding our CATV permittee, limerican Cablevision of Wheat Ridge, together with approval of the recommendations made therein l'lotion by ~lr Aiello for the acceptance of the Verification of Performance Report of September 23, 1983, by Cable Television Franchising Consultants regarding our CATV permittee, American Cablevision of \Vheat Pidge, together with approval of the recommendations made therein, as follows (1) that the Wheat Ridge CATV property damage fund be reduced from $5,000 to $2,500, and (2) the performance bond be reduced from $100,000 to $50,000; seconded by ~lr Burt; carried 7-0 Item 13 110tion to change the November 21, 19fi3 Study Session to a Reqular City Council Meeting ~10tion by t1r to a Regular December 12, Aiello that we change the IJovember 21, 1983 Study Session City Council ~leeting and continue Council Bill No IDS to 1983; seconded by i'1r Davis; carried 7-0 Item 14 Motion to appoint Edward pinson to the Election Commission with the term ending December 12, 1983 ~lotion by 11rs with the term 7-0 Snow to appoint Edward Pinson to the Election Commission endinq December 12, 1983 seconded by Mr Ilobbs; carried Motion by ~lr Hobbs to bring back for re-consideration Mrs Ore's amendment to the budget; seconded hy Mrs Snow; failed 4-3 with Councilmembers Burt, Davis, and Hobbs voting Yes CITY AmlHJISTRATOR' S ~1ATTERS Mr Palmer as}ed Mr Young to show pictures of a bridge problem at Clear Creek and Youngfield 11r Young showed where there is a deterioration and problems underneath and stated he felt the bridge is unsafe for semi-vehicles CITY ATTORNEY'S MATTERS Mr Ilayes stated that the Einarsen Lawsuit hearing has been postponed until January 30, 1984, R 30 a m the Referendum Question will stay on the November 8, 1983 ballot He stated also that the Trainor Case is being appealec1 by the Trainors and the "Step It Up" dance studio article that appeared in the Wheat Ric1ge Sentinel indicated that the City and State were seeking to confiscate the property as a public nuisance and that is a different Statute vlhat we want is an injunction to close the particular use that is being made of that property and that is the Statute we will be using CITY COUNCIL MINUTES OCTOBER 24, 1 gfn PAGE -6- ELECTED OFFICIALS' flATTERS Mr Davis addressed the construction on 44th Avenue pertaining to trash, concrete, and extra soil He asked if they can dump it anywhere and Mr Young stated the contractor said it is theirs and they can dispose of it Mr Davis asked for it to be checked and nr Young stated he will ~lrs Snow addressed dumping also Stated that when Kunz had his Commercial Development approved on Youngfield, only the southern portion was approved She asked about the dumpinq on that and was told that it was in accordance with the grading plan She also asked if they are going to fill the whole lake without a permit and Mr Young stated that this was before his time Mr Palmer stated they will check it out Mr Aiello asked (1) Council if it would he alright to put the Space Study for Wheat Ridge Senior Center on the Study Session for December 5, 19S3 The Consensus was 7-0 (2) Seniors have asked their advisory committee in procedure for collecting the Senior property tax rebate that there be an additional box on there for those that want to donate that money to the senior fund Mr Hayes stated that will have to be an ordinance amendment 21-5 of the Code of Laws of the City of Wheat Ridge and llr Aiello requested an ordinance amendment be written and brought to first business meeting on December 12, 1983 for first reading Mr Aiello stated the resolution to go to the NLC from Layewood CA for non-support of the NLC CATV Compromise Most cities feel they got the short end of the stick thru this compromise and he wants Council to look over the proposal and give a reply He would like a consensus of Council by October 29, 1983 r'lr ~lerkl requeste(1 a first reading on the Group Homes Ordinance on lJovember 21, 1983 and for Study Session on December 5, 1983 and Public Hearing set for December 12, 1983 ~lrs Ore stated there will a meeting of Jeffco Governments at Bernards at G 00 P m on October 25, 1983 She also addressed fingerprinting for children by the Police Department Chief Jaquay stated that they are doing that She also stated a minor error in Election Calendar on the financial statements from candidates Ordinance Section 5A-9 stated they are due 14 days before and Election Calendar stated 11 days before election ~lembers of Council stated it has been wrong for years then because they always turn them in 11 days before election lleeting adjourned 10 55 P m , ( I -~\,! I , JL ~/vc-;ut...J ,. ) /~~ Wanda Sang, TCity C, k vlS/chj/amw