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Home My WebLink About01/28/1985 , 13 , 1 t ~t:r::-r~l ~'.J[ :1) hq..+..... The City of -, I vE T J!Hfl ENlll:. 11E r >i[II,1 L r1 ,~ [ j ( I ~heat GRidge CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO JANUARY 28, 1985 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Kent Davis, Larry Merkl, Clyde E. Hobbs, Moe Keller, Tony FIasco, Nancy Snow, Randy West, and Dan Wilde Also present City Clerk, Wanda Sang; Acting City Administrator, Chief Howard Jaquay, City Attorney, John Hayes; Public Works Director, Rodger Young; staff; and Director of parks, Richard Bredt; interested citizens APPROVAL OF MINUTES of January 14, 1985 Motion by Mr Hobbs to approve the Minutes; seconded by Mr Wilde; carried 8-0 PROCLAMATIONS OR CEREMONIES Mr Jacobson, of the Arvada Arts Center was present and presented a gift of appreciation to the City of Wheat Ridge for their support of the Center CITIZENS' RIGHTS TO SPEAK George Krough, 3235 Ames St , addressed the possibility of a Group Home on 26th Ave where a piece of mansion like atmosphere property is located Martha Rubens, 5425 W. 26th Ave , Commented on her property that is for sale and wishes to sell to someone who wants to put in a Group Home Robert and Linda Walter, 8040 W 22nd Ave, Party commented on wishes to purchase the home at 5425 W 26th Ave , to provide a Group Home and gave reasons for picking this property Nelson Mc Nutly, 2490 Depew St , one of the prospective purchasers, stated that he has been operating a foster home for 10 years Ilona Mc Nutly, 2490 Depew St , a foster child of Mr & Mrs Mc Nutly's who is now under the permanent guardianship of Mr & Mrs Mc Nutly Jim Honeberger, 5509 W 26th Ave, stated that he is a neighbor to this property and has no objections to this type of use for the property Nelson Neadeau, 2050 Urban, Director of the Department of social Services, stated that he supports this use of the property '"The Carllal lOll ( ll, CITY COUNCIL MINUTES January 28, 1985 Page -2- Motion by Mrs. Snow to put this item on the Study Session of February 4, 1985; seconded by Mr Flasco; carried 6-2 with Mr Wilde and Mr Merkl voting No. Stephen M Keller, 4325 Iris St , addressed the action of the Council in the denying John Hayes to defend a lawsuit on January 14th, 1985 and felt the action was mischeavous and not needed PUBLIC HEARING Item 1 Application by Paula Kanios for Site Plan approval within the Kipling Activity Center for property located at 4301 Kipling Street (Case No WSP-84-6) (Continued from December 17, 1984) Mr Stromberg presented the case Present and sworn in by the Mayor were Bruce Flynn, Archetect representing the applicant who described the Site Plan for Council George Moregrapher, Attorney for the applicant, 7401 Grandview, addressed the easement to the north He stated that he had no objection as long as it is a private easement Discussion followed Motion by Mr West for approval; seconded by Mr Merkl Motion by Mr FIasco to amend to require a 5 ft , side setback on the north; seconded by Mr Hobbs; fails 2-6 with Mr FIasco and Mr. Hobbs voting yes Mrs Snow asked Mr West if he would like to add to his Motion the words, "a 25 ft cross easement" Mr Merkl asked to have the words "and private easement" put into the original motion Mr West and Mrs Merkl accepted both of these friendly amendments to Mr West's original motion Original motion carried 7-1 with Mr FIasco voting No ORDINANCE ON FIRST READING Item 2 Council Bill 169 - An Ordinance providing for the approval of rezoning from Residential-Two to Restricted Commercial-One on land located at 4390 Reed Street, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No WZ-84-36) (Kathryn Lee, Calvin Lee, Jane Welch) Council Bill 169 - was introduced on first reading by Mr Wilde; title read by the Clerk. Motion by Mr Wilde that Council Bill 169 be approved on first reading, ordered published, public hearing set for Monday, February 25, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading take effect 15 days after final publication; seconded by Mrs Keller; carried 7-0 (Mr Davis having not yet returned from break) Item 3 Council Bill 170 - AN Ordinance amending various Sections of Appendix A Zoning Ordinance, of the Wheat Ridge Code of Laws, City of Wheat Ridge, County of Jefferson, State of Colorado, relating to Multifamily Residential Development Requirements and Landscaping Requirement CITY COUNCIL MINb-rES, January 28, 1985 Page -3- Council Bill 170 was introduced on first reading by Mrs Snow; title read by the Clerk. Motion by Mrs Snow for approval on first reading and for this to be sent to the City Planning Commission for their comments; seconded by Mr West John Hayes stated that he had only received the Ordinance in his packet on Friday he had some questions about it and before the matter is sent to the Planning Commission he wondered if it could be postponed for two weeks until the next regular meeting before it is passed on first reading so he could have some more detailed discussion, especially Section 5 & 6 of the Ordinance Discussion followed Motion by Mr FIasco to postpone for two weeks in order to give the City Attorney the opportunity to research; seconded by Mrs Keller; Mr Hobbs stated that he would be voting no because he thinks they should call for the question on original motion and see if it would pass on first reading; carried 6-2 with Mr Hobbs and Mr Merkl voting No Item 4 Council Bill 171 - An Ordinance providing for a change in Zoning Conditions on land located at 4075 Kipling Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-84-28) (Hoa and Cong Chu) Council Bill 171 was introduced on first reading by Mrs Keller; title read by the Clerk Motion by Mrs Keller that Council Bill 171 be approved on first reading, ordered published, public hearing set for Monday, February 25, 1985 at 7 30 p m in the City Council Chambers, Municipal Bldg , and if approved on second reading take effect 15 days after final publication; seconded by Mr Wilde; carried 8-0 Item 5 Council Bill 172 - An Ordinance amending Section 3A-7 of the Code of Laws of the City of Wheat Ridge by adding a Subsection 3A-7(c) thereto, providing that there be no refund or rebate of any fees paid pursuant to said Section 3A-7 Council Bill 172 was introduced on first reading by Mr Davis; title read by the Clerk Motion by Mr Davis that Council Bill 172 be approved on first reading, ordered published, public hearing set for Monday February 25, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading take effect 15 days after final publication; seconded by Mrs Keller; carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 6 Resolution 932 - approving the Intergovernmental Agreement by and among the Cities of Wheat Ridge, Arvada, Lakewood, and the County of Jefferson, for creation of a Jefferson County Corrections Board CITY COUNCIL MINUTES January 28, 1985 Page -4- Resolution 932 was introduced by Mr Merkl; title read by the Clerk Mr FIasco asked to abstain because he was not at the Study Session when this matter was discussed Vote on Mr Flasco abstention carried 7-0 Motion by Mr Merkl for the adoption of Resolution 932; seconded by Mr Hobbs; carried 7-0 with Mr FIasco abstaining Item 7 Resolution 933 - rescinding Resolution 893, Series of 1984, and 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 933 was introduced by Mr Motion by Mr Merkl for the adoption Hobbs; carried 8-0 Merkl; title read by the Clerk of Resolution 933; seconded by Mr. Item 8 Resolution 934 - rescinding Resolution 890, Series of 1984, and authorizing the City to initiate Eminent Domain Proceedings In order to acquire property interest in the Lucas property located at 10785 West 35th Avenue in Wheat Ridge Resolution 934 was introduced by Mr Merkl; title read by the Clerk Motion by Mr Merkl for the adoption of Resolution 934; seconded by Mr Hobbs; carried 8-0 Item 9 Motion that $315 00 be approved to hire 3 police officers on overtime for police coverage of the all-night party after the Wheat Ridge High School prom Further move that $315 be transferred from Account 01-608-795 to 01-203-610 to provide funds for this overtime pay Motion by Mr Hobbs for approval; seconded by Mr Principal of Wheat Ridge High School gave reasons protection Discussion followed; carried 7-1 with West; Dale Toft, for wanting the Mr. Merkl voting No Item 10 Discussion regarding Public Hearing Questionnaire Results, 44th Avenue Sched IV, Tabor to Parfet Sworn in by the Mayor for Public Comment on this matter were Greg Franks, 11571 W. 44th Ave , who opposed the median Joe Oestreich, 11501 W 44th Ave , does not feel the need for a 4 lane street and encourages alternate D Rodger Young presented alternates ABC & D; Motion by Mr Merkl to eliminate alternate A & B; seconded by Mr West; carried 8-0 Jeanie Rossillon, 4226 Owens, approach the public hearing between staff and the residents She was concerned with the costs Herb Fightmaster, 11641 W 44th Ave, addressed the task force meeting, does not recommend medians but does recommend 4 lanes Tex Junker, 4615 Swadley, wishes to leave 44th Ave , the way that it is, but if changes are to be made he would like to see alternate D Ken Groen, 4675 Swadley, stated that he felt they should keep 44th Ave the way that it is between Wadsworth and Kipling Phil Edwards, 11297 W 44th CITY COUNCIL MIN "8 January 28, 1985 Page -5- Ave , does not want to build an obsolete highway He would like to see alternate C Kay Ore, 10565 W. 46th Ave., would like for 44th Ave to be stripped 4 lanes She stated that 44th Ave is an arterial and that the City should address it as an arterial Steven Keaton, 11072 W 44th Ave , addressed the cost of right of way He stated that he was interested in accident record of 44th Ave between Wadsworth and Kipling Louise Turner, 11256 W 38th Ave, stated that she was not in favor of 4 lanes and feels that 3 lanes with the middle lane as a common lane and 1 lane for each turning direction is sufficient Warren Johnson, 11680 W 44th Ave , concedes that there should be no median and hopes that Council will not put in a narrow street Bernie Alexander, 4360 Oak, wants a repercussion or alternate D Addressed the traffic count on 44th Ave was 9,850 vehicles in 1964, late 1984 was 10,991, an increase of only a little over 1,000 vehicles in 20 years She also addressed the traffic count that was on the Grant Application, and wanted to know how it was gotten Discussion followed Motion by Mrs Snow to set a design for W. 44th Ave. between Parfet and Tabor for a 62 ft right of way as follows 44ft flow line to flow line including 40 ft of asphalt, 5 ft. of curb and gutter with 2 1/2 ft on each side, 5 ft seperation with 2 1/2 ft on each side, a 4 ft sidewalk on the North and an 8 ft sidewalk on the South; seconded by Mr Wilde; discussion followed Mr Merkl makes an amendment that this will be the standard design from Kipling to Tabor St ; seconded by Mrs Keller; Mrs Snow and her 2nd agreed to make this a part of the original motion; carried 8-0 Motion by Mrs Snow for the streets to be striped for 3 lanes to match the design east of Kipling; seconded by Mrs Keller; Mr Merkl stated that he cannot support a 3 lane striping, would like to see east of Kipling striped 4 lanes Hr FIasco stated that he would be voting no because it should be 4 lanes striping and urges the Council to consider that carefully if this motion is denied he will make another motion for 4 lanes vote fails 3-5 with Mr West, Mrs Keller and Mrs Snow voting Yes Motion by Mr FIasco to stripe 44th Ave 4 lanes between Kipling and Tabor; seconded by Mr Hobbs; carried 6-2 with Mrs. Keller and Mrs Snow voting No Motion by Mr Merkl to stripe 4 lanes from Wadsworth to Kipling; seconded by Mr Davis; discussion followed Failed 4-4 with Mr West, Mr Wilde, Mrs. Keller and Mrs Snow voting No Motion by Mrs Keller to suspend the rules and go past 11 00 P m and finish the agenda; seconded by Mr. FIasco; carried 7-1 with Mr Davis voting No Item 11 Motion to request bids on 1985 Vehicle & Equipment Purchases Discussion Motion by Mr. Hobbs to request bids on equipment and vehicles listed above; seconded by Mr Wilde; carried 7-1 with Mr Merkl voting No Item 12 Consent Agenda A) Purchase Requisitions for Council Approval memo for details) (see attached CITY COUNCIL MINOTES - January 28, 1985 Page -6- B) Motion to purchase Street Materials for Public Works. (see attached memo for details) c) Motion to approve Copier Contract for details) (see attached motion D) Resolution 935 - authorizing the Jefferson County Open Space Officials to secure professional Appraisal on the Qualteri Property, located at West 32nd Avenue and Kendall Street, Wheat Ridge, Colorado Motion by Mrs Keller to approve Items 12.A and l2C; seconded by Mr West; carried 8-0 Items 12B and 12D were pulled Item B; Motion by Mr Hobbs for approval to accept all bids submitted by each bidder and direct the Public Works Department to purchase the street maintenance materials in accordance with the above priority ranking of each bid for each material which takes into account the ton-mile haul cost and also upon the availability of the materials at the time of purchase These materials are to be charged to General Fund Account No 01-303-660; seconded by Mr West; carried 8-0 Item D; Motion by Mr Wilde for approval; seconded by Mr Merkl; Discussion followed carried 8-0 CITY ADMINISTRATOR'S MATTERS CITY ATTORNEY'S MATTERS 1 John Hayes stated that he has had a request from the prosacuting Attorney that Council amends the Model Traffic Code as it exists in the City. 2. John Hayes addressed a request of Council for their written thoughts on Russell Case 3 Mr Hayes addressed the memo on the Ordinance for the City to be exempt from City zoning Ordinance 4 Mr Hayes also addressed his attendance at the Seminar "Managing Development through Public and Private Negotiations " February 25, 1985 in Washington D C Motion by Mrs Keller for Mr. Hayes to be allowed to attend; seconded by Mr Wilde; carried 8-0 ELECTED OFFICALS' MATTERS 1 Motion by Mr West that City Staff and City Employees when presenting City Council testimony presentations do so under oath; seconded by Mr Hobbs; carried 5-3 with Mr Merkl, Mr. Davis and Mrs Snow voting No CITY COUNCIL MINo-.:ES:- January 28, 1985 Page -7- 2 Mr West asked Council members if they defending the case involved in a lawsuit corner of 35th and Wadsworth may reconsider John Hayes Case No WZ-84-22 Northwest Mrs Keller addressed the vacancies on the Arborist Board and the Building Code Advisory Board in District 4 Mrs Keller stated that there are 2 applications from people in District 4 Mrs Keller also addressed the striping at 38th and Kipling, none there now but requests that it be done Mr Merkl addressed the Boards and Commissions openings There will be a Community Development Committee meeting on February 5, 1985 Mr FIasco addressed Charter Amendments on Study Session February 4, 1985 Mr Wilde stated that it was already on Mr Hobbs addressed street patching at 44th & Allison. He wanted to know if we are patching streets for the Wheat Ridge Water Department He stated that he doesn't feel we need to do anything for any special district Mr Hobbs addressed the cycling of traffic lights and wants a report Mr Hobbs also stated that the City advertised the Monumentation Program in the Daily Journal in the Sentinel ect to be open until February 24th at 3 00 P m and now he understands that Mr. Fallons office has changed that to February 4, 1985 Motion by Mr Hobbs that the proposal be accepted until February 24, 1985; seconded by Mr FIasco; carried 5-3 with Mr West, Mr Merkl and Mrs Keller voting No Mrs Snow addressed the Boards and Commissions publications Mrs Snow suggested that they try and have them published before February 5, 1985 She stated that there have been complaints about dirt on Youngsfield, dirt on highways and trucks are still overloaded Chief Jaquay stated that they have taken action but the problem has not been solved Mrs Snow also requested records of court hearings from Municipal Court. ADJOURNMENT Motion by Mrs Snow to adjourn; seconded by Mr Merkl; carried 7-1 with Mr FIasco voting No Meeting adjourned at 11 32 p m .~J,~~?~~ yLL-ft-4 Wanda Sang, City Clerk~ v