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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