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
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