HomeMy WebLinkAbout05/14/1984
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
May 14, 1984
The City Council Meeting was called to order by the Mayor at 7 30 p m
Councilmembers present Kent Davis, Larry Merkl, Moe Keller, Tony
FIasco, Nancy Snow, Randy West, and Dan Wilde Clyde Hobbs arrived at
8 10 P m Also present City Clerk, Wanda Sang; Deputy City Clerk,
Christa Jones City Administrator, Tom Palmer; City Attorney, John
Hayes; City Treasurer, James Malone; Director of Community Development,
Charles Stromberg Director of Parks, Richard Bredt; Chief of Police,
Howard Jaquay; staff; and interested citizens
Motion by I1rs Keller for approval of Minutes of April 23, 1984, and
Minutes of May 8, 1984 seconded by Mr Wilde; carried 7-0
PROCLAMATIONS
Mayor Stites read proclamations for Municipal Clerk's Week, ~lay 13 to
19, 1984; Peace Officer Memorial Day, May 15, 1984, and Police Week
May 13 to 19, 1984
CITIZENS' RIGHT TO SPEAK
Bea Jennings, 4085 Cody Street, spoke regarding the Cody Street Street
Project ann expressed concern for her Spruce Trees and shrubs
Barbara Brant, 4050 Cody Street, asked City Council to reconsider the
Cody Street widening project Her main concern were the trees that were
damaged by construction work and drainage problems She asked for
further study of the project
PUBLIC HEARING AND ORDINANCES ON SECOND READING
Item 1
Council Bill 128 - An Ordinance amending Section 1,
establishment of Districts, of Appendix A, Zoning Ordinance, of
the City of Wheat Rioge, County of Jefferson, State of
Colorado, relating to procedures for correcting errors
contained on the Official Zoning Map or within rezoning
Ordinances or Resolutions
CITY COUNCIL MINUTES
MAY 14, 1984
PAGE -2-
Mr Gidley explained that usually there were three kinds of error
corrections; (1) Administrative corrections; (2) City initiated
discrepancies cases (3) property owner discrepancies He gave
suggestions for making corrections to the ordinance which were then
discussed by Council and City Attorney Motion by Mrs Keller that
Council Bill 128 (Ordinance No 571) be approved on second reading with
the following corrections that the first paragraph under P 1 be
numbered a) and that it read "within one (1) year of the effective date
of any rezoning ordinance on any particular parcel, the Department of
Community Development may administratively correct errors on the
Official Zoning Map with the consent of the City Clerk and the City
Clerk may correct errors in the zoning ordinance "; that the second
paragraph be named b) That the line that used to read "corrections
under this provision" be now called "Minor Corrections under this
provision P 1 b) are limited to the following" That a , b , and c be
re-numbered 1), 2), and 3) and that on page 2, first paragraph second
line from the bottom read "Director of Community Development and the
City Clerk to correct such error in the ordinance and map"; seconded by
Mr Merkl Mr Plasco made an amendment to the motion that in paragraph
PIa), fourth line from the bottom after the word re-published we
insert "that all property owners affected and those adjacent to it be
notified by registered mail"; seconded by Mrs Snow carried 5-2 with
Councilmembers Wilde and Merkl voting No Motion as amended carried
7-0
Item 2
Council Bill 129 - An Ordinance amending Section 11-4 of the
Model Traffic Code as enacted and enforceo 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 Ilunicipalities, 1977 Eoition, previously enacted
hy the City of Wheat Ridge
Council Bill 129 (Ordinance 572) was introduced on second reading by
11rs Keller; title read by the Clerk Chief Jaquay gave his comments on
the ordinance and pointed out the possible difficulties in enforcing it
especially regarding out-of-town visitors He then answered Council's
questions and concerns Motion by Mrs Keller that Council Bill l29,
Ordinance 572, be adopted on second reading; seconded by Mrs Snow
carried 6-2 with Councilmembers Hobbs and Merkl voting No
ORDINANCES ON PIRST READING
Item 3
Council Bill l30 - An Ordinance providing for the approval of a
Special Use Permit for six (6) semi-trailer and truck parking
spaces on property located at 4400 Ward Road, City of Wheat
Ridge, County of Jefferson, State of Colorado
Council Bill l30 was introduced by ~lr Merkl on first reading; title
read by the Clerk Motion by Mr Merkl that Council Bill 130 be
approved on first reading, ordered published, public hearing set for
Monday, June ll, 1984, at 7 30 P m in City Council Chambers, Municipal
Building, and if approved on second reading, take effect 15 days after
final publication; seconded by ~lr Wilde; carried 7-1 with Mr Davis
voting No
CITY COUNCIL MINUTES
Item 4
MAY 14, 1984
PAGE -3-
Council Bill 131 - An Ordinance vacating a portion of Miller
Court located south of West 38th Avenue within the City of
Wheat Ridge, Colorado, as more fully described herein
Council Bill 131 was introduced on first reading by Mrs Snow title
read by the Clerk Motion by Mrs Snow that Council Bill 131 be
approved on first reading, ordered published, public hearing set for
~1onday, June 11, 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 Mr Wilde; carried 8-0
Item 5
Council Bill 132 - An Ordinance approving a lease/purchase
arrangement between the City of Wheat Ridge and lJCR for the
three (3) year lease/purchase of computer equipment to be
utilized by the City of Wheat Ridge
City Treasurer, James Malone, reiterated the memo he had sent to City
Council explaining the savings in interest by making an outright
purchase now instead of financing for thirty six (36) months He then
answered Council's questions and concerns Motion by Mr West that
Council Bill 132 be approved on first reading, ordered published, public
hearing set for Monday, June 11, 1984, at 7 30 p m in City Council
Chambers, Municipal Building, and if approved on second reading, take
effect 15 days after final publication; seconded by Mrs Snow; carried
7-1 with Mr Davis voting No
Item 6
Council Bill 133 - An Ordinance amending Section 5-32 of the
Code of Laws of the City of Wheat Ridge providing for the
adoption by reference of the American National Standard Safety
Code for elevators, dumbwaiters, escalators, and moving walks
ANSI A17 1-1981 and the establishment of procedures and fees
for inspecting and testing such conveyances
Council Bill 133 was introduced on first reading by Mrs Snow title
read by the Clerk Motion by Mrs Snow that Council Bill 133 be
approved on first reading, ordered published, public hearing set for
Monday, June 25, 1984 at 7 30 P m in City Council Chambers, Municipal
Building, and if approved on second reading, take effect 15 days after
final publication seconded by Mr West; carried 8-0
Item 7
Council Bill l34 - An Ordinance amending Section 27 1
Off-Street Parking requirements of Appendix A of the Code of
Laws of the City of Wheat Ridge by adding thereto Section
27 1(A)(19), parking of "Major Vehicles" and providing methods
of enforcing said added Section 2l 1(A)(19), and adding thereto
Section 27 1(A)(20), parking of major vehicles within
Commercial Districts wherein a Special Use Permit has not been
granted and providing penalties for violation thereof
Council Bill 134 was introduced on first reading by ~lrs Snow; title
read by the Clerk Motion by Mrs Snow that Council Bill 134 be
approved on first reading with the addition of the changes adopted
earlier this evening in Ordinance 572, Section 1 (c)4 and to add a new
Section 3 stating that Section 27.1 A (19)(20) shall not be subject to
variance by the Board of Adjustment, ordered published, public hearing
set for Monday, June 25, 1984 at 7 30 p m City Council Chambers,
Municipal Building, and if approved on second reading, take effect
immediately after final publication seconded by Mr Merkl carried 8-0
CITY COUNCIL MINUTES
MAY l4, 1984
PAGE -4-
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 8
Presentation to Council from Galloway, Mihalco, and Sims
regarding their property affected by Lena Gulch Construction
Terry Galloway, 3605 Nelson Street, Mr Sims, 10665 W 36th Ave, Rich
Mihalco, 10695 W 36th Ave , were all sworn in by the Mayor Mrs
Galloway asked that Council follow along in the packet she had
previously distributed to them She explained that the properties in
question were not in the Plood Plain and that Lena Gulch was beneficial
to the City but did not directly affect her or her neighbors She
displayed photos of their properties and asked Council to concentrate on
the trees and bushes She asked for the City to supply a fence and a
sprinkler system for their properties Mr Sims showed overhead
projections of his and the Galloway and Mihalco properties, the
construction easements, the permanent easements, and the proposed
Schedule IV of Lena Gulch He also showed slides of his property
concentrating on the trees and bushes and showed were their fences ran
He showed landscape design as drawn by landscaping consultant Rich
11ihalco thanked Council members who had visited his property and urged
Council to reconsider Resolution 891, 892, and 894 He reiterated his
and his neighbors desire for a six-foot fence, a sprinkler system, and
a lease agreement He asked that all these items be put on a Study
Session Council asked questions Motion by Mr West for a Executive
Session under Section 5 7(3) under the Charter; seconded by Mr Wilde
Mr Merkl asked that Mrs Snow be excluded from the Executive Session
since she is a homeowner on Lena Gulch Mrs Snow replied that she
would like to speak for her people in District IV Mayor Stites stated
that Mrs Snow should not be involved in an Executive Session Mr
Hayes advised Mrs Snow not to participate in the Executive Session
Motion by Mr West to hold an Executive Session under Section 5 7(3)
under the Charter seconded by Mr Wilde; carried 7-0 with Mrs Snow
abstaining As to the question whether Mrs Snow should attend the
Executive Session -- carried 6-1 against her attendance with Mrs Keller
voting Yes and Mrs Snow abstaining
Executive session was held
Motion by Mr Hobbs that Mr Hayes is our negotiator and that he is to
continue as previously directed by Wheat Ridge City Council; seconded by
Mr Wilde; carried 6-l with Mr West voting No and Mrs Snow abstaining
Item 9
Motion that the Mayor be authorized to sign the contract
between the City and Slater-Paull Associates and the fees
for the contract to be charged to Account #54-508-800-871
Mayor Stites asked Mr Bredt to explain Item 9 He was under the
impression that Council had ordered the lid be put on that contract of
$475,000 Motion by ~lr FIasco that the Mayor be authorized to sign the
contract between the City and Slater-Paull Associates and and the fees
for the contract be charged to Account #54-508-800-871 with a maximum
lid for the entire project including all the fees to be $475,000;
seconded by Mr Hobbs; carried 8-0
CITY COUNCIL MINUTES
~IAY 14, 1984
PAGE -5-
Item 10 Request by the Planning Commission to hire a consultant to do
a two phase master plan report on the Truck Stop Impact Area
(44th Avenue, Tabor to Youngfield Street)
Motion by Mrs Snow that the Planning Staff take no further steps to
hire a Consultant to do a Master Plan on the Truck Stop Area that
instead the Comprehensive Plan Area of the Truck Stop be done by the
Planning Commission and the City Council; seconded by Mr Wilde During
the discussion that followed Mr FIasco stated that we might receive the
grant from DRCOG of $150,000 this year, next year for about $657,000
It has passed the Transportation Committee but still has to go before
the entire board He thanked everybody that had helped him with DRCOG
Mr Merkl stated that a consultant should be hired for this project
because he feels that Planning Commission and Council would spend a lot
of time working on this Mrs Snow stated that she had no real
objection to eventually hiring a consultant but did not like the idea
that Council would have no input Mrs Keller stated that she had been
informed by staff that action on this matter was premature at this time
and their recommendation was to table it Mrs Snow accepted ~lrs
Keller's proposal to substitute her motion for the following motion I
move that Item No 10 be tabled to allow staff to develop a more
specific and detailed proposal for consideration by Council without the
inclusion of a consultant Second accepted; carried 8-0
Motion by Mr Hobbs to suspend the rules of order and go
and finish the agenda in its entirety; seconded by Mrs
6-2 with Councilmembers 11erkl and Davis voting No
past II 00 P m
Keller; carried
Item 11 Discussion regarding opening Senior Center on weekends
Motion by Ilr Merkl that the Senior Center be opened seven days a week,
Saturday and Sunday, the hours would be 9 00 a m to 5 00 p m as
suggested by staff; seconded by I1r Hobbs Mrs Snow asked if Mr Merkl
would be willing to add to his motion that staff explore additional
scheduled classes Mr Merkl accepted this as did the second; motion
carried 8-0
Item 12 CONSENT AGENDA
Mrs Snow asked that Item 12 A be voted on separately
A Resolution 896 - Authorizing the delegation to the Board of
County Commissioners of Jefferson County, Colorado of the
issuance of Industrial Development Revenue Bonds for the
Consolidated Mutual Water Company and execution and delivery of
a Delegation Agreement in connection therewith
Mr l1erkl introduced Resolution 896; title read by the Clerk
Mr Merkl for the adoption of Resolution 896; seconded by Mr
After a brief discussion motion carried 8-0
Motion by
Davis
B Motion that James Malone or his representative be appointed
auditor to check the books of Public Service Company for the
purpose of checking the gross revenue received from operations
within the City
CITY COUNCIL
INUTES
MAY 14, 1984
PAGE -6-
Motion by Mrs Keller that James Malone or his representative be
appointed auditor to check the books of Public Service Company for the
purpose of checking the gross revenue received from operations within
the City; seconded by Mr West; carried 8-0
C 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 No 610-781, and
that the $6,504 be transferred from Unallocated Account No
01-607-795 to Account No 01-610-781
Motion by Mrs Snow that we purchase a Sales Tax Revenue Interruption
Policy, for a premium of $6,504, from International Surplus Lines
Insurance Company, to be charged to Account No 610-781, and that the
$6,504 be transferred from Unallocated Account No 01-607-795 to Account
No 01-610-781; seconded by ~1r Wilde; carried 6-2 with Councilmembers
Davis and FIasco voting No
CITY ATTORNEY'S MATTERS
Mr Hayes informed Council that the Step-It-Up Dance Studio was no
longer operating and that all the furniture had been moved He had
instructed Chief Jaquay to put an extra padlock on the door He also
advised Council that he had distributed copies of the Russell matter
which the City had won in Court He pointed out that this is the second
time Ordinance 98 had prevailed in Court He asked if Council had
received a copy of the article on Municipal Law he and a co-author had
written
Motion by Mrs Keller to suspend the rules and
Improvement Project for lq84; seconded by Mrs
Councilmembers Hobbs and Merkl voting No
reconsider the Street
Snow; carried 6-2 with
Motion by Mrs Keller that the Cody Street Project from 38th Avenue to
41st Avenue on the Street Improvement for 1984 be adjusted from a 34'
width from Plow Line to Flow Line to a 32' width from Plow Line to Plow
Line; seconded by Mrs Snow; failed 5-3 with Councilmembers Davis,
Keller, and Snow voting Yes
Mrs Snow wondered if Code Enforcement had checked the culverts on Clear
Creek and Lena Gulch; had the City plenty of sand bags ready? and was
an ad placed in the paper regarding the Clean-up Program?
Mr rlerkl informed Council that there was a product available for the
lake clean-up that did not contain dioxide and that the City was
looking to possibly using a product that did not contain dioxide
Meeting adjourned at 11 40 P m
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