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HomeMy WebLinkAbout03/23/1992 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO March 23, 1992 The City Council Meeting was calle1 to order by the Mayor at 7 30 p m rouncilmembers present Elise Brougham, Kent Davis, Don Eafanti, Phil Eriward<;, Vance Edwards, Tony FIasco, Ron Selsta"!, and Bill Shanley Also present City Clerk, Wanda Sang, City Adminstrator, Robert Middaugh, City Attorney, John Hayes, City Treasurer, Jim Malone, Director of Planning, Glen Gidley, Chief of Police, Jack Hurst, Director of Parks, Gary Wardle, staff, and intereste"! citizens APPROVAL OF MINUTES of March 9, 1992 Motion by Mr Eafanti for the approval of the Minutes of March 9, 1992, secon1ed by Mr Selsta"!, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Winger reaj a Proclamation into the recor1 proclaiming Earth Day 1992, April 22, 1992 Diane Reynoljs invited City Council to take part in some of the activities planned for April 18, 1992 to celebrate Earth Day Some of the activities will be clean-up of the Greenbelt, planting trees at Clear Creek, planting trees at Wheat Ri"!ge High School Tony FIasco informed Council that he has been reappointed to the Denver Regional Air Quality Council to represent the Cities between 25,000 and 50,000 population in the metro area Don Eafanti stated that the merchants on W 38th Avenue would be flying 124 American Flags on Earth Day CITIZENS RIGHT TO SPEAK Louise Turner, 11256 W 38th Avenue, was shocked to hear that Council was considerin~ re-opening Allison Street and read an article into the recor1 that was written at the time the street was closed She urged Council to think long and hard before they made a decision to re-open this street She also a,,!jressed Item 5 on the Agenda and askei that Council consi"!er a parking lot that was a little more environmentally friendly, gravel contributes dust, paving contributes run-off and oil, there is a type of parking lot where cement blocks are set on their siies an"! grass is plantej in-between Special kinds of grasses shoul"! be usei CITY COUNCIL MINUTES t'larch 23, 1992 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bil] 4 - An Ordinance amending Section 2-53(e) of t~e Code of Law~ of the City of Wheat Hidge, Colorajo by e~tablishing a minimum ~eventy-five percent (75%) attendance rate for members of appointed Board~ and Commi~~ions within the City of Wheat Ridge, Colorado Council Bill 4 wa~ introduced by Mr~ Brougham, title read by the Clerk, Ordinance No B92 assigned Motion by Mrs Brou~ham for the appruval of Ordinance 892, seconded by Mr Fla~co Motion by Mr FIasco for a friendly amendment that on ~age 2 the words "No member shall serve more than three (3) consecutive three-year terms on the same board or commis~ion, however, if no other qualified citizen applie~ after publication for the po~ition, the pre~ent member may be appointed to serve another term Thi~ limitation on the number of con~ecutive terms ~hall apply to all terms of office commencing on and after ~1arch 3, 1992", ~ha]] be stricken from this Ordinance Mrs Brougham accepted this friendly amendment Mr Davi~ will vote against this, year~ agu every b08rd ~et their own standards and rules a~ to participation and their ability to get to meeting~ and that has worked fairly well He doesn't think we should put pressure on volunteers for a requirement that they be there for certain number of meetings Phil Edwards will vote again~t, he feels the same way as Mr Davis Bill Shanley feels we ~hould thank these volunteers instead of throwing rules at them, he will vote against this Motion carried 5-3 with Council members Phil Edward~, Shanley, and Davi~ voting no DECISIONS, RESOLUTIONS, AND MOTIONS Item 2 Resolution 1284 - declaring the intent of the City to acquire a portion of real property at 4075 N Kipling St , Wheat Ridge, in fee simple, and a portion of the same real property as a temporary construction easement from the present owners thereof for the public purpo~e of completing the alternate pedestrian/bike trail cros~ing of Kipling at 41st Avenue Project contemplated by the City Resolution 1284 wa~ introduced by Mr Davis, title read by the Clerk Motion by Mr Davi~ that Re~olution 1284 be approved authorizing the staff to continue negotiations to acquire a portion of the real property located at 4075 Kipling Street and if that fails to acquire the property through eminent domain, ~econded by Mr Shanley, carried 8-0 CITY COUNCIL MINUTES fvlarch 23, 1992 Page -3- Item 3 Resolution 1285 - declaring the intent of the City to acquire a portion of real ~roperty on the S W corner of 41~t and Kipling St , Wheat Rirlge, in fee simple, and a portion of the ~ame real property a~ a temporary construction ea~ement from the pre~ent owners thereof for the public purpose of completing the alternate pedestrian/bike trail cro~sing of Kipling at 41st Avenue project contemplated by the City Resolution 1285 wa~ introduced by Vance Edwards, title read by the Clerk Motion by Vance Edwards that Resolution 1285 be approved authorizing the staff to continue negotiations to acquire a portion of the real property located on the Southwest corner of 41st and Kipling Street and if that fails to acquire the property through eminent domain, seconded by Mr Eafanti Jon Bradley, 10249 W Idaho Avenue, Lakewoorl, was sworn in by the Mayor He i~ one of the co-owners of the property under discussion He expressed concerns on the negative impact of property value if this Resolution is approved He proposed that the City purchase the entire parcel at a very fair, discounte1 price of $108,000 and extolled the benefits to the City John Lobus, 1245 S Simms Street, Lakewood, was sworn in by the Mayor He is the co-owner with Mr Bradley and spoke in favor of Mr Bradley's proposal Motion carried 8-0 Item 4 Resolution 1286 - declaring the intent of the City to acquire a portion of real property at 3975 N Kipling St , ~heat Ridge, in fee simple, and a portion of the same real property as a temporary con~truction easement from the ~re~ent owners thereof for the public purpose of completing the alternate pedestrian/bike trail crossing of Kipling at 41st Avenue project contemplated by the City Resolution 1286 wa~ introducerl by Mrs Brougham, title read by the Clerk Motion by Mrs Brougham that Re~olution 1286 be approved authorizing the staff to continue negotiations to acquire a portion of the real property locatei at 3975 Kipling Street ani if that fail~ to acquire the property through eminent domain, seconded by Vance E1ward~, carried 8-0 Motion by Mr Shanley to hold an Executive Session under Section 5 7(b)(1)(B) and 5 7(b)(3) of the Charter, ~l';cotJied by Phil Edwards, carriei 8-0 CITY COUNCIL MINUTES March 23, 1992 Pag~ -4- Item 5 Re~olution 1287 - authorizing submittal of the application for the 1992 Joint Venture/Grant Project to Jeffer~on County Open Space - construction of Trailheai/Parking Lot located at 41st ani Youngfield Street Resolution 1287 wa~ introduced by Mr FIasco, titl~ r~ad by the Clerk Motion by Mr FIasco that R~solution 1287 authorizing the subruittal of a Jefferson County Joint V~nture Grant Application for th~ construction of a parking lot/trail head at 41st & Young field be approved, seconiei by Phil Edwards, carried 8-0 Item 6 Re~olution 1288 - authorizing submittal of the application for th~ 1992 Joint V~nture/Grant Project to Jefferson County Open S~ace - development of a 12 acre neighborhood park, Mugele Property at 47th & Miller Resolution 1288 wa~ introduc~d by Vance Edwards, titl~ read by the Clerk Motion by Vance Eiward~ that Re~olution 1288 authorizing the submittal of a Jefferson County Joint Venture Grant Application for the Development of a 12 acre neighborhood park on the Mug~le property at 47th & Miller Street be approvei, seconded by Mr~ Brougham, carried 7-1 with Mr Davis voting No Item 7 Indoor Swimming Pool Feasibility Study Motion by Mr Flasco that Barker-Rink~r-Seacat ani Partners be awarded the contract to perform an Injoor Swimming Pool Feasibility Study, RFP-92-002 at a cost not to ~xceed $18,700 ani that all cost be charged to Acct #54-601-862 I further move that $18,700 be transferred from Acct #54-601-795 Conservation Trust Fund unallocatej to Acct #54-601-8b2 Conservation Trust Funi Park Development, s~condei by Mr Eafanti Emery Dorsey, 3995 Cody, chairman of the Indoor Swimming Pool Feasibility Committee, was sworn in by the Mayor and askei for approval of the above motion Roz Schneider, 2254 Locust Street, Denver, and Duane Kramer, 1341 S Marion, Denver, of Barker-Rinker-Seacat & Partners were sworn in by the Mayor, gave backgrounrl on their company, answerei Council's questions Motion carriei 8-0 CITY COUNCIL MINUTES t>larch 23, 1992 Page -5- Item 8 Golfing Programs Gary hardle pre~entei the various options outlined in his memo Motion by hr FIasco that $12,800 be transferrej from Acct #01-607-795 General Fund Unallocated to Acct #01-602-640 to be used for the Lake Arbor Golf Program, seconded by Phil Edwards Mr Davis will vote again~t this motion because the money is not in the budget If this motion fails, he will make a motion to subsidize the lessons only Mr Shanley agrees with Mr Davis, he too loves golf, but this is not budgeted and we are having financial difficulties in this City Let's go with just the lessons and then budget it for next year Mr Selstad will vote no, he feels the annual pass buyers would be in an income bracket where they don't neej to be subsidized He wouli vote for lessons only Vance Edwards will also vote against this, his concerns people using the subsidy than the $12,800 would provide for lesson~ or option 1 included more He would vote Mrs Brougham moved to amend the motion to leave out Option 2 - Annual Passes, seconded by Vance Edwards, carried 5-3 with Council members Edwards, Shanley, and FIasco voting no Vote on original motion as amended carried 7-1 with Mr Shanley voting no Item 9 Policy & Procedure for naming Parks & Recreation Facilities Motion by Vance Edwards that the Policy and Procedure for Naming Parks and Recreation Department Facilities, revised March 1992, be approved as submitted, seconded by Mrs Brougham Motion by Mr FIasco to amend the motion that in~tead of reading ,. on affirmative vote of majority of all members of said commission "it be changed to the former rule and read ,. affirmative vote of 2/3 of all members of said Commission", seconded by Mr Davis Mr Selstad askei Mr FIasco to amend his amendment to read 2/3 of all members of said Commission and ~/3 ot City Council Mr Flasco did that and second accepted Mrs Brougham clarified that this would mean 6 people on the Parks Gommission and 6 people on Council wuuld have to vote for the name Amendment carriei 7-1 with Vance Edwards voting No vote is enough He feels a majority Motion as amended carried 7-1 with Vance Edwards voting No CITY COUNCIL MINUTES March 23, 1992 Page -6- I tern 10 Request for Pledge by Gateway District of t~e Boy Scouts of America Kelso Kelly, 759 S Reed Court, Lakewood, President of Vectra Bank of Wheat Ridge, was sworn in by the Mayor He is Finance Chairman of t~e Gateway District of the Boys Scouts of America and asked that the City make a ctonation and answered Council's questions Motion by Mr Shanley to pledge $150 00 to Boy Scouts anrl Cub Scouts in Gateway District to be taken from Acct H01-b10-7eO, seconded by Mr Selstad Motion by Mr Selstad to amend to give an equal amount of money out of Unallocated to the Girl Scouts, seconded by Vance Edwards, failed 4-4 with Councilmembers Vance Edwards, Phil Edwards, Don Eafanti and Ron Selstad voting yes Vote on original motion carried 7-1 with Mr FIasco voting no Item 11 Discussion of Evidence/Property Storage Space Robert Middaugh and Chief Hurst gave presentation Motion by Mr Selstad to authorize the Mayor to sign the temporary lease agreements as needed, seconded by Mr Shanley, carried 8-0 CITY ADMINISTRATOR'S MATTERS Robert Middaugh updated Council on his first week on the job and aske~ that during the next Sturly Session his working relationship with Council be discussed to foster a productive relationship He also referred to his memo regarding copying policy for Council members and encouraged input CITY ATTORNEY'S MATTERS John Hayes updated Council on Judge Zimmerman's order regarding Lutheran Medical Center This matter is now finalized An Amendment to the Massage Parlor Ordinance is being prepared and close to being completed lie recommended that the City undertake a City initiated rezoning on the property at 35th & hadsworth T~e Outline Development Plan which was approved there has been in place for over 6 years without any action, it appears clear that the plan as such will not be developed ELECTED OFFICIALS' MATTERS Vance Edwards extended a welcome to the City's new administrator, Robert Middaugh Mr Edwards also Mentioned that Mrs Letty Baker, who lives in District I has been nominated for the Nine Who Care Award, for her act of involvement in the Social Recs, which serves lunches to seniors in the area and also her involvement with Volunteers of America CITY COUNCIL MINUTES March 23, 1992 Page -7- Mrs Brougham askei for a consensus from Council to have a study session on the American Disabilities Act Consensus was 5 in favor Mrs Brougham askei for consensus from Council to bring forth the DRCOG Resolution encouraging composting Consensus was 6 in favor Mrs Brougham askei for consensus from Council to have letters sent from the chemica] spraying companies to the people who have adverse reactions to such chemicals, prior notification of spraying These people wouli first inform the City as to whether they have any adverse reaction to this spraying The City, in turn, will notify the various companies of these people, ani they, in turn, wouli give prior notification to them Consensu,; was 5 to 3 lJot to approve Phil Edwards also welcomed Mr Middaugh to the City He also mentioned a phone call he hai with the Director of Community Corrections The Director did not want Mr Edwards to resign from the Board of Jefferson County Community Corrections Mr Edward,; volunteered to stay on the boari, unles,; someone else on Council would like to replace him Mayor Winger told Mr Erlwards to plalJ on staying on the boari Mayor Winger askei for consensus from Council for a sturly session on April 6th for the Finance Committee to give a progress report Consensu,; wa,; 5 in favor Motion by Mr Selstai that the City Attorney be authorized and directed to prepare an Ordinance in accordance with CRS 31-25-115, providing for the abolishment of EDARC with the effective date of abolishment being no Ie,;,; than six months from the effective date of the Ordinance as adoptei It ,;houli be clearly understoorl, however, that negotiations regarding the currently proposed development should continue uneffected by this motion and that if EDARC is found to be a useful mechanism for implementing the project currently under consideration and negotiation, the date of abolishment of EDARC may be extended by Council, ,;econdei by Mr FIasco, carried 4-3 with Phil Edwards, Mr Shanley, and Mr Eafanti voting no and Mr Davis abstaining Motion by Mr Shanley that the meeting be adjourned after the Executive Session, seconderl by Mr Davis, carried 8-0 EXECUTIVE SESSION WAS HELD Meeting aijourned at 10 50 p m __JI --..._ /j ~ r ! If, __ Wanda Sang, City , ......"-'-~-------_.-.-.- Clerk APPROVED BY CITY COUNCIL ON APHIL 13, 1992 BY A VOTE OF - ,/_- I __~- ~"-< I /~,'" j Kent Davis, Council President 8 TO 0