HomeMy WebLinkAbout06/25/1984
CITY COUNCIL MINUTES
CITY OP WHEAT RIDGE, COLORADO
June 25, 1984
The City Council Meetinq was called to order by the Mayor at 7 30 p m
Councilmembers present Kent Davis, Larry I'lerkl, Clyde E Hobbs, feloe
Keller, Tony Plasco, Nancy Snow, Ranrly West, and Dan Wilde Also
present City Clerk, Wanda Sang City Administrator, Tom Palmer City
Attorney, John Hayes; Public Works Director, Rodger Young; Director of
Community Development, Charles Stromberq; staff and interested
citizens
fe'Jotion by Clyde Hobbs for approval of 11inutes of June II and June 18
1984; seconded by 11rs Keller; carried 8-0
CITIZENS' RIGHTS TO bPLAK
Larry Robbins, 4630 Webster, addressed the inadequate drainaye on
Hebster Street--spoke regaroing his front lawn washing away--and asyed
for time table for claims and actions
PUBLIC COHl'lENT AND ORDINl\NCI:S on SECOND READING
Item 1
Council Bill l33 - An Ordinance amending Section 5-32 of the
Code of Laws of the City of "heat Ridge providinq for the
adoption by reference of the American National Stanoard Safety
Code for Elevators, Dumbwaiters, Escalators and moving walks
ANSI A17 1-1981 and the establishment of procedures and fees
for inspecting and testinq such conveyances
Council Gill l33 was introduced on second readinq by I'lrs
read by the Clerk Motion by Mrs Snow for the adoption
133 (oroinance 575) seconded by I'lr West; carried 8-0
Snow title
of Council Dill
Item 2
Louncil Bill l34 - An Ordinance amendinq bection 27 1
off-street parking requirements of Appendix A of the Code of
Laws of the Cit'y of ~Jheat Ridge by adding thereto bection
27 1 (A) (lg), parking of "tvlajor Vehicles" and providing methods
of enforcing said added Section 2l 1(A)(l9), dnd 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 Dill 134 was introduced on second reading by Mrs Snow title
reao by the Clerk Speaking in opposition and sworn in by the Mayor
were Kathryn Jenson, 15515 ~J 48th Ave, who asked how many businesses
would be affected by this Ordinandnce and what about exclusions Jerry
Roach, 6545 W 44th Avenue, felt the ordinance is constricting
CITY COUNCIL MINUTES
June 25, 1984
Page -2-
Maurice Pox, 4465 Kipling, representing the truck stop, asked an
amendment be made to grandfather-in the truck stop in existing
businesses
Motion by Mrs Snow for the adoption of Council Bill 134 (Ordinance 576)
with the addition under Section 3 add "or temporary Use Permit by the
Board of Adjustment"; seconded by ~lr Wilde; Amendment by I-lr Merkl
that after the end of 27 1(A)(19)(C)(6) add, "or any major vehicle
parked at the Union 76 truck stop Add to the end of that sentence;
seconded by Mrs Snow; carried 8-0 Discussion followed Motion by Mr
Hobbs that in Section 3 except the Board of adjustment would have the
authority to grant variances or temporary use permits for limited
periods of time upon proof that the use was in existence on the date of
adoption of this Ordinance; seconded by Mr Merkl; Pailed 2-6 with Mr
Hobbs and Mr Merkl voting yes Original Motion as amended carried 7-1
with Mr Hobbs voting No
PROCLAMATIONS
Proclamation for Wheat Ridge Wildcats Week, July 2-7, 1984 was read by
the Mayor The team and coach were present
ORDINANCES ON PIRST READING
Item 3
Council Bill l17 - An Ordinance repealing and reenacting
Section 28 A l6 of the Code of Laws of the City of Wheat Ridge
relating to the definition of the term "Home Occupations", and
also revising various other sections of the Zoning Ordinance
relating to "Home Occupations" as a permitted use
Council Bill 117 was introduced on first reading by I1r West; title read
by the Clerk Motion by Mr West that Council Bill 117 be approved on
first reading, ordered published, public hearing set for Monday, July
23, 1984 at 7 30 P m in City Council Chambers, Municipal Bldg , and if
approved on second reading, take effect l5 days after final publication;
seconded by Mrs Snow; carried 7-1 with Mr Merkl voting No
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 4
Resolution No 899 - amending the City Budget for the Fiscal
Year 1984
Resolution 889 was introduced by Mr Merkl; title read by the Clerk
Motion by Mr Merkl for the adoption of Resolution 899; seconded by Mr
Hobbs; carried 7-0 (Mr Davis was out of the room)
Item 5 Motion by Mr Hobbs to order a survey for pamily Pun Center,
Inc , that the neighborhood be set for a I-mile radius and the
Public Hearing on this application be held on July 23, 1984
seconded by Mrs Keller; carried 8-0
CITY COUNCIL MINUT~S
June 25, 1984
Page -3-
Item 6 Motion by Ilr Hobbs to purchase a fuel management system from
Kubat Equipment ano service Co , at a total cost of $34,486, to
be charged $17,100 to Account No 19-57-305-809, and $17,386 to
Account No 31-57-305-812 seconded by IJr fvlerkl
discussion followed Mr West stated he will be votinq No because he
has not heard previous lliscussion on this; carried 7-l with Mr West
votin<] NO
Item 7 Motion by Mr Hobbs to purchase an engine analyzer from Bear
~ales and Service, at a total cost of $14,900 to be charged to
Account No 19-57-305-809; seconded by Mrs Keller; Mr West
stated he will be voting No for the same reasons as on Item 6 Mr
Plasco stated he will be voting No for 2 reasons 1) We don't have all
the information on exactly what the equipment will do; 2) He hasn't been
convinced we really need it; he has a better use for the $l4,900 which
he will bring up under ~lected Officials Matters 110tion failed 3-5
with Councilmembers Snow, Davis, and Hobbs voting yes
Item 8
110tion to cancel the July 2 Study Session
Motion by Mr , FIasco to hold a Study Session on July 2, 1984 and the
Aqenda be Drainage and a review of our present priorities of present
drainage program; seconded by Ilr Davis; carried 8-0
Item 9
Suggested change to Council Rule 3 1
Kay Ore, l0565 W 46th Avenue, spoke against this change She feels it
would be interpreted as a secret meeting if it is not advertised
doesn't believe the change is within the meaning of Section 5 1 of the
Home Rule Charter Motion by Mrs Snow to add wording to her motion as
long as it is voted on at a Council Meeting at least 6 days in advance
Mr FIasco stated he will be voting No because he feels we are goinq
overboard We had one time we didn't finish an agenda and we held a
Special Meeting This motion does not say that that is the situation,
we can come up here on a Tuesday night for instance, decide to hold a
meting and list a whole bunch of things and not publish it at all and
the people that are interested in those items may not have been notified
at all notion fai led 7-1 wi th ~lrs Snow votlng yes
Item 10
Discussion of Citizen Meeting of Thursday, June 2l, 1984
regarding the disastrous hail storm of June 13, 1984
Frank Sellers, speaking for ~va Kiss, 6265 W 46th Place, stated that
drainage problems can cause other problems, such as disease
Carl Scaglione, 6355 \1 47th Place, thanked Council for the Study
Session, and addressed serious problems with drainage during any storm
John L Dezzutti, 6320 W 47th Place, addressed the 26 people who spoke
on June 21 and 23 of those people spoke to drainage problems Obviously
the problem has existed for some time He stated Council will have to
remedy this If the City cannot afford the cost maybe we need another 1
cent sales tax or bond issue
CITY COUNCIL 11ItiUTES
June 25, 1984
Page -4-
Councilmember Davis stated that on the meeting of June 21 he was very
pleased with the way the meeting went and commended the way the people
in District II conducted themselves be feels the drainaGe priority
list needs to be updated
Councilmember FIasco reiterated what I1r
a I-cent increase in sales tax for just
front the drainage and street account we
letter into the record
Davis said
drainage, a
now have
He suggesteo maybe
separate account
Read Ilr Chapman's
CITY l\DlUtJIST1<ATOR' S 1'1ATTERS
Mr Palmer stated
uninsured losses
call Tack Prose
the City has received forms from the State concerning
He invited people to come in and fill them out or
CITy ATTORNEY' S ~IATTEES
Mr Hayes polled the Council (7 members) on the Sims, 11ihalco, Galloway land
acauisition He sent the letter he had given the Council in
draft form Consensus of the 7 he polled was he should send letter
City Lawsuit against Davis Property on Jay Street Attorneys
representing the owner contacted Mr Hayes and offered to confess
judgment on City's action to clean up that property subject to two
conditions; confess the City's right to come on that property and
clean it up any time on or after October 1, reserving unto themselves or
any purchaser of the property the riqht to come on the property to clean
it up at their sole cost and expense any time prior to October 1 Mr
Hayes recommended that Council accept this Consensus to accept was 6-1
vIi th Ilrs Snow voting No, fir Davis abstaining
Regarding the cheris Property, Mr Hayes feels they are 95% toward
aqreement called for acquisition of 31,l39 square feet In order to
complete purchase, the City asked for drawings to be done to divide the
parcel we purchase from Mr Cheris into 3 parcels to be purchased
respectivelly by Mr Andrich, Mr Kotecki, and Mr Tobin In drawing
those parcels a second surveyor, Mr Lambert of Setters & Griggs
obtained a square footage figure of 33,100 square feet, which is l,96l
square feet more than I asked for authority to purchase previously In
an attempt to resolve this dispute, I asked ~lr Hoffmaster of Urban
Drainage & Flood Control District to set a meeting between Mr McClain,
who is the original surveyor on the project, Mr Lambert, who did the
subsequent survey rJr Hoffmaster, ~lr Ken Wright, and I questioned
both I.lr Lambert and ~'lr rlcClLiin as to why the (liscrepancy, as to
which square footaqe acquisition was better from an engineering point of
view The surveyors indicated to me that they come to their respective
fiqures by virtue of what they believed to be good surveying practice
Mr McClain based on previous mapping Mr Lambert plotted the orawing,
could not include the area necessary for all improvements so he
recommended moving the the 10 feet to include this area In onler to
purchase this 1,961 square feet add 1 42 1/2 per square foot comes to
2,79443 City's portion would be l,257 49, which is 45% ~lr Hayes
recommends we buy or take easement on longer square footage Confirming
I']r Hayes recommendation 6-1 with fIr FIasco voting No, I1rs Snow
abstaining
CITY COUtJCIL tIINUTES
June 25, 1984
Page -5-
l'lr hrtyes further addres sed Andr ick, Kotecki, and Tobin matter nS it
relates to design question on fence located along Nelson & across the
bridge City's position is not to design on going across the bridge
Consensus was for Mayor and City Attorne} to negotiate
l~LEC'I'j<,LJ OFFICIALS' 11A'l"I'EkS
City Clerk, Wanda Sang, spoke regarding Council packets Council wants
any packets left over from Friday be ta}en over to Police Department to
be picked up there
Mr }lasLo would like to suggest the $14,900 that was on Item 8, that
all or a portion of that be a donation from the Cit} to the Chamber of
Cormnerce for their helping hand fund for the people in the 47th & Lamar
area Consensus was that we need to spend the money on an overall
drainaye project
Mr Davis feels we should go in under a bid process and the property
owners would be a part of the bid process with owners buying their own
sod
Mr Plasco suggested the arborist get the square footage together and
brinq to Study Session on July 2 for recommendations He asked for an
Executive Session under Section 5 7 (b) (1) (A) of the Charter regarding
a possible lawsuit Executive Session to be held after Elected
Officials Matters seconded by Mr Hobbs; carried 8-0
Mrs Keller asked about striping of streets
paint had been ordered, but was not in yet
least once a year
Mr Palmer replied that
All streets are striped at
Mr Hobbs discussed a Bob Neal with a drainage problem on 38th &
Garrison Mr Palmer stated he will look into it
~lrs Snow asked that anyone who has any report or suggestions from the
CML conference bring it to the August Study Session John Hayes asked
to place two things on the August Study ~ession
Mr Herkl
~jotion by
number of
Ilr Hobbs
spoke regarding the rabbits that are causing a problem
Mr Merkl to have staff work on an Ordinance to reduce the
allowable rabbits, pigeons, etc on a July aqenda; seconded by
carried 8-0
EXECUTIVE SESSION HAS IiELD
110tion by Mr West to adjourn; seconded by Mr Hilde
carried 8-0
tleeting adjourned at lO 20 P m