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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 ~