HomeMy WebLinkAbout04/23/1984
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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
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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
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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
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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
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Wan a Sang, City erk