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HomeMy WebLinkAbout02/11/1985 FEBRUARY 11, 1985 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO City Attorney, John Hayes, City Administrator, Tom Palmer, Chief of Police, Howard Jaquay, were sworn in by the Mayor 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, Nancy Snow, Randy West, and Dan Wilde Tony FIasco arrived at 8 10 P m Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes; Public Works Director, Rodger Young; Director of Community Development, Charles Stromberg; Director of Parks, Richard Bredt; Chief of Police, Howard Jaquay; staff; and interested citizens Motion by Mr Merkl for the approval of the Minutes of January 28, 1985; seconded by Mr Wilde; carried 7-0 PUBLIC COMMENT Maurice Fox, 4465 Kipling, asked Council to reconsider their past action; requested they let the City Attorney defend the lawsuit brought by Integrated Development Don Lancaster, 4076 Everett, expressed his concern regarding the Boards and Commissions, that are now subject to individual lawsuits, without the benefit of legal protection from the City or the City Attorney Darlene Jadinger, 4650 Webster, stated she is in agreement with the correction of the legal description made by Planning Commission for 6287 -6289 West 48th Avenue Kay Ore, 10565 W 46th Avenue, addressed the lawsuit brought by 4 Councilmembers and citizens against the Council and John Hayes; read letter into the record. Mayor Stites stated that Mr FIasco is trying to get here from the airport Motion by Mr Merkl to take first readings first, so Mr FIasco will have time to get here; seconded by Mr Wilde; carried 7-0 City Clerk, Wanda Sang, stated that something had been pulled from the Agenda the last minute and Item 4 was inadvertently moved up under Public Hearings, but was in fact a first reading CITY COUNCIL MINUTES February ll, 1985 Page -2- ORDINANCES ON FIRST READING Item 4 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 Requirements Council Bill 170 was introduced by Mrs Snow on first reading; title read by Clerk; Motion by Mrs Snow that Council Bill 170 be approved on first reading, ordered published, public hearing be set for Monday, April 8, 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; and with the addition of a purpose section under 10, subsection b, subsection 4, and that it first go to Planning Commission before the second reading; seconded by Mr Wilde Mr Davis stated he would be voting no on first reading, because the normal procedure is to go before Planning Commission, which was not done in this case, and he feels it should go through normal procedure of planning Motion carried 4-3 with Councilmembers Merkl, Hobbs, and Davis voting No. Item 5 Council Bill 173 - An Ordinance amending Section 12-2 of the Code of Laws of the City of Wheat Ridge by repealing and reenacting Section 4-1, Basic Rule, of the Model Traffic Code for Colorado Municipalities, to provide that all posted speed limits are maximum lawful speed limits Council Bill 173 was introduced by Mrs Keller on first reading; title read by Clerk; Motion by Mrs Keller that Council Bill 173 be approved on first reading, ordered published, public hearing be set for Monday, March 11, 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 Mr Wilde; Mr West stated he would be voting no on first reading, and if this passes, he will give his reasons for voting no at the public hearing; carried 6-1 with Mr West voting No Item 6 Council Bill 174 - An Ordinance amending Sections 4B, 5B, 6B, 7B, 8B, 9B, lOB, lIB, 14B, 15B, 16B, and 44a of Appendix A, Zoning Ordinance, of the Code of Laws of the City of Wheat Ridge by redefining the terms "Residential Group Home for Children" and "Group Homes for Children" Council Bill 174 was introduced by Mr Merkl on first reading; title read by Clerk; Motion by Mr Merkl that Council Bill 174 be approved on first reading, ordered published, public hearing be set for Monday, March 4, 1985 at 7 30 p m in City Council Chambers, Municipal Bldg , to be held right before the Study Session, and if approved on second reading, take effect 1 day after final publication; seconded by Mr Hobbs; carried 7-0 Motion by Mr Merkl that Planning Commission be allowed to hold a Special Use Hearing on February 21, 1985 for Personal Development Center, concerning Janis Wilmont property; First Reading will be at the City Council Meeting of 2/25/85; seconded by Mr Hobbs; carried 7-0 CITY COUNCIL MINUTES Item 7 February ll, 1985 Page -3- Council Bill 175 - An Ordinance repealing and reenacting Section 18-50, Direct Alarms Prohibited, of the Code of Laws of the City of Wheat Ridge to provide for the allowable use of Direct Alarms for certain specified facilities Council Bill 175 was introduced by Hr West on first reading; title read by Clerk; Motion by Mr West that Council Bill 175 be approved on first reading, ordered published, public hearing be set for Monday, March 18, 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 Mr Merkl; carried 7-0 Item 8 A) Resolution 936 - Resolution approving the submission of a Grant Application for the expansion/renovation of the Wheat Ridge Senior Center to the Colorado Department of Local Affairs, under the Small Cities Program of the Community Development Block Grant. (CDBG) A Public Hearing was opened for this application Joyce Bailey, 3905 Vrain, was sworn in by the Mayor and presented the guidelines for grant and opened a discussion for the application Resolution 936 was introduced by Mr Merkl; title read by the Clerk Motion by Mr Merkl for the approval of Resolution 936; seconded by Mr Wilde; carried 7-0 Item 8 B) Mr Edgar Johnson, 3700 Benton, and Mr James Paull, Architect, 3631 S Pontiac, were sworn in by the Mayor Motion by Mr Merkl that the bid for the expansion and remodeling of the Wheat Ridge Community/Senior Center be awarded to Valle del Rio, Inc and funds to accomplish this project be charged as follows $300,000 00 to account #54-601-877 and $149,700 to account #32-601-858; seconded by Mrs Keller Discussion followed Mr Merkl called for the question; seconded by Mr Hobbs; carried 6-1 with Mrs Snow voting No Original Motion carried 7-0 with Mr FIasco abstaining Mr FIasco had previously asked to abstain and his request carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 166 - An Ordinance providing for the approval of rezoning from Residential-Two and Residential-Three to Planned Residential Development and for approval of an Outlined Development Plan on land located at approximately 3701 Jay Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-84-29) (LoUp Miller) Mr Davis' request to abstain carried 7-0 Council Bill 166 was introduced on second reading by Mr Merkl; title read by the Clerk Mr Stromberg presented the case Sworn in by the Mayor were David C Deuben, 3585 Allison Ct , attorney for the applicant; Ed Tobin, 275 S Jersey, Architect; Jim Erfurdt, 635 W Mansfield, partner; Dale Lauer, 14280 W Virginia Drive, Civil Engineer; Philip Scott, 1889 York Street, professional Traffic Engineer CITY COUNCIL MINUTES February ll, 1985 Page -4- Exhibits were marked and entered into the record Presentation was given by the above as to their credentials and that they conduct business in Wheat Ridge Speaking in opposition and sworn in by the Mayor were Dougal Graham, 3330 Chase (he affirmed to tell the truth), who felt basically that the PRD designation is not to increase density; felt 104 units were too many; Bob Hovenden, 6175 W 35th Place, who was concerned that the PRD will destroy the neighborhood and who presented what Mr Hayes decreed as a Legal Protest; Lillian Fleming, 6363 W 29th Avenue, who addressed the overloading of the sewer lines and doesn't want higher density than the Comprehensive Plan shows Mr Deuben gave a rebuttal Discussion followed Motion by Mr Merkl for approval with no conditions attached to this zoning; seconded by Mr FIasco Mrs Snow stated she would be voting No for the following reasons 1 This proposed high density development is incompatible with the existing development on the adjacent portion of Jay Street, which, with the exception of a nursery school, is generally low-density residential Although there is R-3 zoning on the street these nearby R-3 lots are developed single family 2 104 units will add far more traffic on Jay Street than if the property were developed with its current zoning of approximately one-third R-3 and two-thirds R-2 The device of concentrating units on the western portion of the site does not accomplish its purpose of exposing Jay Street to less intense traffic, since all vehicular traffic is planned to exit on Jay Street 3 It is not a factor in approval that the development would be more favorable to the neighborhood than the current condition of the property, which the applicants have testified is unhealthful and hazardous to the community, since thee is an injunction to allow the City to clean up and place a lien upon the property for the expense, regardless of whether the zoning is or is not approved 4 Although there have been changes on the western edge of this property to high density residential, approximately one-third has now been developed as a park, and there have been no changes on the adjacent parts of Jay to the east In the absence of significant changes on Jay Street itself, the neighbors have a right to rely on the existing zoning Mr Wilde stated he would be voting no for the same reasons as Mrs Snow and in the Planning Commission Hearing the facts came out about sewage situation that the lines are at 100% capacity Mrs Keller stated she would be voting no because she agrees with Mrs Snow and Mr Wilde Mr West stated he would be voting No because he agrees with Mrs Snow and Mr Wilde Original Motion Failed 3-4 with Councilmembers Merkl, FIasco, and Hobbs voting yes, Mr Davis abstain- ing Motion by Mr Merkl to direct staff to go out on bid to clean up property and City Council transfer $150,000 to Building Demolition fund, or whatever it needs to go to and bring back at next regular meeting; seconded by Mr Hobbs; carried 6-1 with Mrs Snow voting No, because she feels we should go out to bid, but it is not customary to transfer funds until we have the correct amount CITY COUNCIL MINUTES February 11, 1985 Page -5- Motion by Mrs Snow that staff be directed to bring in a Comprehensive Plan change through proper channels for this site to become low densitYi seconded by Mr West Mr Flasco stated he would be voting No because he doesn't understand the rezoning Council had just gone through this less than a year ago, changed it on the Comprehensive Plan in accord with Planning Commission recommendation Motion carried 4-3 with Councilmembers Hobbs, Merkl, Fiasco voting no Motion by Mr Merkl to go past II 00 P m and finish the Agenda in its entirety; seconded by Mr Hobbs; carried 7-1 with Mr Davis voting No Item 2 Council Bill 167 - An Ordinance providing for the approval of rezoning from Residential-Three and Commercial-One to Commercial-One on land located at the Southeast corner of West 44th Avenue and Yarrow Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZD-84-32) (City of Wheat Ridge) Mr Hobbs requested to abstain on this item; carried 7-0 Mr Davis introduced Council Bill 167 on second reading; the Clerk; Ordinance No 605 was assigned Motion by Mr approval; seconded by Mr FIasco; carried 7-0 Item 3 title read by Davis for Council Bill 168 - An Ordinance providing for the correction of the legal description included in the City Council Motion of December 22, 1975 for rezoning Case No WZ-75-19 and correction of the Zoning Map, effectively rezoning property from Commercial-One and Residential-Two to Commercial-One and Residential-Two land generally at 6089, 6287, and 6289 West 48th Place and 6275 West 48th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZD-84-35) Council Bill 168 was introduced on second reading by Mrs Keller; title read by the Clerk; Ordinance No 606 assigned Mr Stromberg presented the case Motion by Mrs Keller for approval and that the heading be changed from 6284 to 6285 West 48th Avenue; seconded by Mr Wilde; carried 7-1 with Mr Hobbs voting No Item 9 Discussion of 1985 Curb and Gutter Program Hotion by Mr Hobbs that the Curb & Gutter Program be approved and submitted by staff and patch-back be done by contractor; seconded by Mr Wilde carried 8-0 Motion by Mrs Snow for Mr Young to come in with a rating system if necessary to cut out some applicants; discussion followed; seconded by Mrs Keller; Failed 1-7 with Mrs Snow voting yes CITY COUNCIL MINUTES February 11, 1985 Page -6- Item 10 Discussion of DRCOG application for FAUS Grant for 44th Avenue - Youngfield to Tabor (Project SI-IOl 03-85-6 Sched III) Mr Young presented Council with figures verifying the traffic count submitted for the grant; stated DRCOG was satisfied with clarification Motion by Mrs Snow that the only person authorized to represent the City at DRCOG regarding the FAUS grant be the appointed representative, Tony FIasco, and that no other councilmember represent the City at any public or private entity, including any branch of the Federal or State Government, DRCOG, or any other private company Discussion followed Mr West called for the question; seconded by Mrs Snow; carried 8-0 Vote on original motion failed 4-4 with Councilmembers West, Keller, Merkl, and Snow voting yes Item 11 Motion by Mr Merkl to approve the monthly lease/purchase agreement between the City of Wheat Ridge and Eastman Kodak for a Recordak Rotoline Microfilmer and the Kodak Starvue Reader-Printer in the amount of $554 per month for a total of $6,648 with $148 being transferred from Account No 106-795 to Account 103-758; seconded by Mr Hobbs; carried 8-0 Item 12 A) Motion re W-470 Task Force Study - Funding Request B) Motion re Consultant Selection for Design of 44th Avenue between Young field and Tabor (Project SI-IOl 03-85-6 Sched III) Motion by Mr Merkl for approval; seconded by Mr Wilde requested Items A & B be separated Discussion on Item A called for the question; seconded by Mr Davis; carried 8-0 original motion carried 7-1 with Mrs Snow voting No B) Motion by Mr Hobbs that DMJM-Phillips, Reister, Haley, Inc be selected as consultant for designing West 44th Avenue between Youngfield and Tabor I further move that staff be directed to negotiate a fair contract with the consultant that is consistent with any applicable regulations of the Colorado Department of Highways If a contract cannot be negotiated, staff shall submit back to the City Council their next alternate or selection before making or entering in a contract Also move that the Mayor be authorized to sign the contract on behalf of the City if implemented to DMJM-Phillips, Reister, Haley, Inc ; seconded by Mr FIasco Discussion followed Mr Hobbs called for the question; seconded by Mr Davis; carried 6-2 with Mr West and Mrs Keller voting No Original Motion carried 7-1 with Mr Wilde voting No It was Mr Hobbs Vote on CITY ADMINISTRATOR'S MATTERS Mr Palmer directed Council's attention to regarding the CML request Motion by Mrs seconded by Mr Hobbs; carried 8-0 the information only memo Snow to pay $178 25 for CML; CITY COUNCIL MINUTES February ll, 1985 Page -7- CITY ATTORNEY'S MATTERS 1 John Hayes addressed the agreement that was made on the Russell case in an appeal that none of the testimony received from City people was competent evidence because none of it was under oath Every bit of evidence that comes in under consideration, even written documents, will have to be under oath 2 He will be out of town for the next Council Meeting and Vicki Bunson will substitute for him; asked Council to stick to the Agenda 3 If the matter regarding the Integrated Development Lawsuit defense and related issue is not settled under Elected Officials' Matters, he requests before the meeting is adjourned, that he be allowed to speak again with a handout and an appropriation from Council for him to hire an attorney ELECTED OFFICIALS' MATTERS Mrs Keller addressed an irate phone call from a citizen, complaining about the condition of Youngfield Street; asked sugqestions from Council on what to do Discussion followed Mr Palmer stated it is a mess, but he feels if the project is held up, the reservoir would not be completed before Spring, which would be a very severe problem Staff stated it would take approximately 1 more month according to weather. Mr Merkl moved to have a Regular Meeting before the Study Session on March 4, 1985 for a Special Use Permit for PDC regarding Janis Wilmont School and also to handle any changes on contract negotiations for West 44th Avenue if necessary for Public Works Department and to cancel the March 25th meeting and hold the Regular Meeting on March 18, 1985; seconded by Mr FIasco; carried 8-0 Motion by Mr Merkl to go into Executive Session under Section 5 7 (b) (1) (A) of the Charter; seconded by Mrs Keller; carried 5-3 with Councilmembers Hobbs, Davis, and Snow voting No EXECUTIVE SESSION WAS HELD Regular Meeting was reconvened Mr Hobbs question City Attorney Hayes about lawsuit that was served to the Clerk on Feb 8, 1985; addressed Special Use Permits--requested clarification of the way they are handled Motion by Mr Wilde to continue this meeting until February 19, 1985 at 7 30 P m seconded by Mr FIasco; carried 7-0 (Mr Davis had left) Meeting closed at I 22 a m -- CITY COUNCIL MINUTES February 11, 1985 Page -8- February 19, 1985 The meeting was called to order by the Mayor at 7 30 P m and turned over to John Hayes All Councilmembers were present; also City Clerk, Wanda Sang; and City Attorney, John Hayes Motion by Mr Hobbs to go into Executive Session under Section 5 7 (b) (l) (A) of the Charter; seconded by Mr Davis; carried 8-0 EXECUTIVE SESSION WAS HELD The Regular Meeting reconvened Motion by Mr Merkl that Mr Hayes be allowed to enter negotiations on 35th & Wadsworth and if negotiation fails, to do whatever he feels is in the best interest of the City of Wheat Ridge on this lawsuit; seconded by Mr Hobbs; carried 8-0 Motion by Mr Hobbs to adjourn; seconded by Mr Davis; Failed 2-6 with Mr Hobbs and Mr Davis voting yes Motion by Mrs Snow that the subject of the City Attorney defending lawsuits be put on the March 4, 1985 Study Session for a possible Council rule, clarifying that the City Attorney defends lawsuits, that no case goes by default, and specifying how many votes of the Council are required to settle a lawsuit; seconded by Mrs. Keller; carried 6-2 with Mr Hobbs and Mr Davis voting No Mayor Stites stated that the Wheat Ridge Sanitation has put out for bid the 26th Avenue project Discussion was held Motion by Mrs Snow that language on permit be approved by Mr Hayes; Motion died for lack of second Motion by Mr Davis to adjourn; seconded by Mr West; carried 8-0 Meeting adjourned at 8 04 P m ~ c') , tU(t~ Wanda Sang, APPROVED BY CITY COUNCIL ON 2/25/85 by a vote of 9 to 0 /~--z 1~ ~(~<../ Dan Wilde, Council President