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HomeMy WebLinkAbout04/23/1984 - CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO April 23, 1984 The City Council Meeting was called to order by the Mayor at 7 30 P m Councilmembers present Kent Davis, Clyde E HObbs, Moe Keller, Tony Plasco, Nancy Snow, Randy West, and Dan Wilde Larry Merkl was absent Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes; City Treasurer, Jim Malone Public Works Director, Rodger Young; Director of Community Development, Charles Stromberg; Director of Parks, Richard Bredt; staff ano interested citizens PRESENTATION OP PLAQUES TO PORMER BOARD & COMMISSION MEMBERS Plaques of appreciation were presented by the Mayor to past Board & Commission Members, Ivan Hawn and Cal Johnson from the Planning Commission; Ken Hazel and Irene Gimeno from the Civil Service Commission; Rogene Burcham and Bill Bowman from the Election Commission Boyd Adsit and Helen Howard from the Board of Adjustment Motion by ~lr Hobbs for approval of Minutes of April g, 1984; secondeo by Mr Davis; carried 7-0 CITIZENS' RIGHT TO SPEAK Thomas M Slattery, 6869 W 32nd Avenue, expressed his appreciation to Council, Mayor, and staff for their support during his plight with the sewage problem Donald E Lancaster, 4076 Everett, spoke about elected officials and staff discussing events that happened during an executive session Karen Watson, 3390 Garrison, speaking on behalf of the Board of Adjustment, asked Council to nominate a new member for the Board from District II as soon as possible Item 1 Motion to approve the Transfer of Ownership from Individual Ownership to a general partnership for New Canton Restaurant, 4550 Wadsworth Blvd, a Class P - Beer and Wine License; the partnership to consist of Wood Yue, Bing Quan Yu, and Bing Quiang Yu Mary Porbes and Ronald Hill, attorneys for the applicants, were sworn in by the Mayor Motion by Mrs Snow to approve the Transfer of Ownership from Individual Ownership to a General Partnership for New Canton Restaurant, 4550 Wadsworth Blvd , Wheat Ridge, Colorado, a Class P _ Beer and Wine License; the partnership to consist of Wood Yue, Bing Quan Yu, and Bing Quiang Yu seconded by Mr Plasco carried 6-1 with Mr West voting No CITY COUNCIL 'INUTES April 23, 1984 Pa -2- PUBLIC COMMENT AND ORDINANCES ON SECOND READING Item 2 Public Hearing to consider amending the Comprehensive Plan-Puture Land Use Map/Major Streets Plan, to change the street classification for 38th Avenue from Dudley Street West to Youngfield from Collector Street Classification, to Local Street Classification (this item to be tabled--was not published as a public hearing) Motion by Mrs Snow to table Item 2 indefinitely; seconded by Mr Hobbs; carried 7-0 Item 3 A Acceptance of deed (see Item 3 B ) B C B 126 - An Ordinance providing for the vacation of a portion of West 50th Avenue at approximately 9990 W 50th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WV-84-1) (Dildine & Company) Mr Stromberg presented the Case Lyn H Hummel, 11484 W 68th Avenue, Arvada, attorney for the applicant, was sworn in by the Mayor and requested approval B Council Bill 126 was introduced on second reading by Mr Davis; title read by the Clerk Motion by Mr Davis that Council Bill 126 (Ordinance 569), a request for a vacation of a portion of West 50th Avenue be approved for the following reasons 1 Planning Commission and staff recommend approval 2 The right-of-way is not needed for future street improvements 3 No objections to this vacation have been registered seconded by Mr West; carried 7-0 A Motion by Mr Davis for acceptance of Deed; seconded by Mr Hobbs; carried 7-0 Item 4 C B 127 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-I), Residential-One (R-IA), and Residential-One (R-l) to Commercial-One (C-l) on land located at 4951-4975 Kipling Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-83-3) (Joe Ingenthrone) Council Bill 127 was introduced on second reading by Mrs Snow title read by the Clerk Mr Stromberg presented the case Present and sworn in by the Mayor was the applicant, Joe Ingenthrone He stated his reasons for wanting rezoning Motion by Mrs Snow that Council Bill 127 (Ordinance 570), be approved for the following reasons 1 The zone request is in compliance with the Comprehensive Plan 2 There have been changes in the condition of the neighborhood in that area 3 The proposed rezoning is in keeping with the changes that have occurred in the neighborhood; and with the following correction on Page 2, Section 2 Conditions 1 read "All five pieces shall be developed as one overall site, with design and landscaping unified and integrated to be in character with the quality of construction found in this area for newer developments"; seconded by Mrs Keller; carried 7-0 CITY COUNCIL ~INUTES A.pril 23, 1984 Par -3- ORDINANCES 01lPIRST READING Item 5. Council Bill 128 - An Ordinance amending Section 11-4 of the Model Traffic Cooe as enacted and enforced in the City of Wheat Ridge, said amendment relating to parking of passenger buses or vehicles and motor homes or recreational vehicles, which amendment constitutes an amendment to the Model Traffic Code for Colorado Municipalities, 1977 Eoition, previously enacted by the City of Wheat Ridge Council Bill 128 was introduced on first reading by Mrs Keller; she also read the title Motion by Mrs Keller that Council Bill 128 be approved on first reading, ordered published, public hearing set for rlonday, May 14, 1984 at 7 30 P m in City Council Chambers, Municipal Building, ano if approved on second reading, take effect 15 days after final publication; seconded by t-lr Wilde; carried 7-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 Auditor's Report by Gruenler & Huebner--Motion to accept the annual financial audit as presented Treasurer Jim Malone introduced Mr Don Gruenler, 6854 E Eastwood Ave , of Gruenler & Huebner, who presented. their report Motion by ~1r West to accept the report; seconded by Mr Davis; carried 7-0 Item 7 Discussion of 38th Avenue Drainage/Street Project from Dudley Street to Kipling Street Sworn in by the Mayor and speaking in favor of widening 38th Avenue were Will Burt, 12290 W 35th Ave , James Johnson, 10895 W 38th Pl , Mary Burt, 12290 W 35th Ave , Jerry Roach, 7805 W 41st Ave speaking against the wioening were Dick Klink, 9660 W 38th Ave , Phyllis Lancaster, 4076 Everett, Steve Beatty, 4005 Holland, Betty Stewart, 3860 Everett, Claudia Callas, 8701 W 38th Ave, Louise Turner, 11256 W 38th Ave, S W Whicher, 8888 W 38th Avenue All were in favor of the drainage project Randy West read a letter from Mrs Leonie Jones, 9100 W 38th Ave , into the record Motion by Mr Davis that the 38th Avenue drainage project from approximately Estes on the east, to Holland on the west, be moved from its current position on the drainage priority list to the bottom of the priority list, and to work with property owners that are now being flooded, for an interim solution to their drainage problems; seconded by Mr Hobbs Mrs Snow stated she will be voting No because she feels it is being dropped because the minority did not like the fact that the majority voted to widen it only to 34' One can say it was only a drainage project and it was not I know what's going to happen, we are going to turn this down, it is almost May, it is going to flood all the way down Dudley, Bowman's property, and all the way down Garrison, and everybody is going to scream this didn't get done and I want everyone to remember the reason this didn't get done is because the people who wanted 44' would not allow the Council majority to do it 34,' which would have been very satisfactory, very safe and given plenty of room for a separated sidewalk Mr Plasco called for the question seconded by Mr Davis; carried 5-2 with Mrs Snow and Mrs Keller voting No Mr Merkl had left a vote for this item, which the chair accepted Vote on original motion carried 7-1 with Mrs Snow voting No CITY COUNCIL INUTES April 23, 1984 Pa':._ -4- Item 8 Motion regarding the May 28 City Council Meeting Motion by Mr Hobbs to hold a Study Session on May 8 and a special meeting for bids and cancel May 28, 1984 meeting; seconded by Mrs Snow; carried 7-0 Item 9 Motion by ~lr Davis that Planning Commission members Carl Cerveny, Vance Kolesar, Ray Winger, Wayne Preston, Robert Biddinger, Bonnie Scoma, Dave Stutsman, Lou Longo, be authorized to attend the CML Conference in Vail, Colorado on June 19-23, 1984, and to transfer $2,000 from Account #01-607-795 to Account #01-l02-702 seconded by Mr Hobbs; carried 7-0 Item 10 CONSENT AGENDA A Motion by Mr Hobbs that Roy L member of the Board of Adjustment; 7-0 Griffith, Jr be appointeo a regular seconded by Mrs Keller; carried B Motion to purchase a Sales Tax Revenue Interruption policy, for a premium of $6,504, from International Surplus Lines Insurance Company, to be charged to Account #610-781, and that the $6,504 be transferred from Unallocated Account #01-607-795 to Account #01-610-781 ~lr Davis stated he would vote No because there are certain things that are unanswereo and if the top ten would ever change to be a non-conforming use, we restrict them on one hand but insure them on the other hand Mr Plasco stated he would vote No, because he feels there are too many unanswered things that have not been explained and they should come back and explain it Motion by Mr Plasco to table this item and bring it back to the May 8, 1984 Study Session; seconded by Mr West; carried 7-0 C Motion by Mr Hobbs to purchase hot asphalt at $21 40 per ton, cold mix at $25 00 per ton and recycled asphaltic concrete at $6 00 per ton from Asphalt Paving; aggregate base course at $3 90 per ton, washed rock at $k7 00 per ton from Mobile Premix; salt and sand mix at $8 15 per ton from Siegrist Construction, all to be charged to Account #303-660; seconded by Mrs Keller; carried 7-0 D Motion that the Mayor be authorizeo to sign the contract between the State of Colorado Division of Wildlife and the City of Wheat Ridge for chemical control of aquatic weeds Lillian water carried Pleming, 6363 Motion by ~lr 5-2 with Mrs W 29th Ave , spoke against using chemicals in the Davis for approval; seconded by Mrs Keller; Snow and Mr Hobbs voting No CITY COUNCIL INUTES APRIL 23, 1984 Pac -5- CITY ATTORNEY'S MATTERS John Hayes gave an update on the "Step it up Dance Studio" case--currently under advisement by the judge--written decision expected in 10 days; questioned if Council wanteo parying Ordinance pertaining to Major Vehicles brought back as an amendment to the Ordinance; consensus was to have it brought in He asked for an Executive Session under 5 7(b)(3) of the charter on appraisals and land acquisition for Lena Gulch Schedule III and IV Mrs Snow was asked not to attend both of these Motion by Mrs Snow to suspend the rules and continue the meeting until elected officials matters and items from the executive session are finished; seconded by Mr Hobbs; carried 6-1 with Mr Davis voting No Mr Hayes asked Council to advise him of anything they want to discuss before the meeting so he may prepare for it Motion by Mr Wilde to hold Executive Session under Section 5 7(b)(3); seconded by Mr Plasco; carried 7-0 ELECTED OPPICIALS MATTERS Mr Davis stated that a Mr Elliot had offered to install a timer for Council Chambers for approximately $110 and had volunteered his labor Mr Palmer will check if it is to late to cancel the order for the $750 timer that was ordered Mrs Sang addressed the dinner reservations for elected officials, stating the clerk's office has to submit the purchase requisition for the bill and therefore has to make the reservations (It hao been noted that Councilmembers were calling in their own reservations) Mrs Snow spoke about the bids that had gone out on 44th Avenue--feels the October 15 deadline is too late (Mr Palmer stated the bids are already being picked up) She further addressed recommendation from Planning Commission to hire a consultant on 44th Avenue--feels that that is the city's job (Committee/Planning Commission/Council) Motion by Mrs Snow that it be an agenda item on May 14, 1984; seconded by Mr Hobbs; carried 6-1 with Mr Davis voting No Mrs Snow also referred to Mr Palmer's memo on the trash pickup--feels what they are doing is not adequate EXECUTIVE SESSION WAS HELD CITY COUNCIL MINUTES APRIL 23, 1984 Paqe -6- Resolution S~J - authorizing the City to initiate eminent domain proceedings in order to acquire property interest in the Lucas property located at 10785 W 36th Avenue in Wheat Ridge Resolution 89l - authorizing the City to initiate eminent domain proceedings in order to acquire property interest in the Galloway property located at 3605 Nelson Street in Wheat Ridge Resolution 892 - authorizing the City to initiate eminent domain proceedings in order to acquire property interest in the Sims property located at 10665 W 36th Avenue in Wheat Ridge Resolution 893 - authorizing the City to initiate eminent domain proceedings in order to acquire property interest in the Darr property located at 3605 Owens Street in Wheat Ridge Resolution 894 - authorizing the City to initiate eminent domain proceedings in order to acquire property interest in the Mihalco property located at 10695 W 36th Avenue in Wheat Ridge Motion by Mr Davis to adopt all 5 Resolutions; seconded by Mr Wilde carried 6-0 Motion by Mr Hobbs for completion of negotiations regarding Red Barn/Central Bank & Trust properties by acquisition of a construction easement not to exceed $1,000 and for the Mayor to be authorized to sign a final agreement and close persuant to terms described in the executive session; seconded by Mrs Keller; carrieo 6-0 Motion by Mr Davis to ratify the dual transactions which were described involving the purchase of the property now owned by Samuel David Cheris as trustee purchase from him by the Andrich, Kotecki & Tobin parties and the acquisition of easement interest in those properties by the City from Andrich, Kotecki, and Tobin after their purchase from Cheris, City would provirle the landscaping in the total amount of $2,500 The closing to be in escrow and authorization for the l1ayor to sign the proposed sales contract and any necessary closing documents Andrich, Kotecki, and Tobin would buy the property from Cheris for $33,474 08, the City would purchase the easements on same property for $30,974 08; seconded by Mr Wilde; carried 4-2 with Mr FIasco and Mr Hobbs voting no Meeting adjourned at 12 30 a m ~I ~ _ --a~/ ~~ Wan a Sang, City erk