HomeMy WebLinkAbout10/24/1983
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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
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