HomeMy WebLinkAbout09/14/1992
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
Septeruber 14, 1992
The City rouncil Meeting was called to order by the Mayor at 7 30 p m
Councilmembers present Eli~e Brougham, Kent Davi~, Don Eafanti, Phil
Edwards, Vance Edward~, Tony Fla~co, Ron Selstad, and Bill Shanley Also
present City Clerk, Wanda Sang, City Administrator, Robert Middaugh,
was absent, City Attorney, John Haye~, City Treasurer, Jim Malone,
Director of Planning, Glen Gidley, Chief of Police, Jack Hurst, Director
of Parks, Gary Wardle, Director of Public Works, Bob Goebel, staff, and
interested citizen~
APPROVAL OF MINUTES of August 24, 1992
Motion by Mr Eafanti for the approval of the Minute~ of August 24,
1992, seconded by Mr Shanley Mr Selstad asked for changes on page 3
concerning public comment regarding the widening of W 38th Avenue,
comments included safety concern~ regarding stopping in turn lane~,
increased construction cost for 44-ft design, decreased real estate
values resulting from a 44-ft street, more than adequate capacity with
3-lane design Motion carried 8-0
CITIZENS' RIGHTS TO SPEAK
John Stephens, 12060 W 32nd Drive, was sworn in by the Mayor, urged
that problems with Lena Gulch be corrected before work is done on Rancho
del Sol Park He invited Council to view what this ditch is doing to
properties
Mark Striegnitz, 12001 W 32nd Drive, was sworn in by the Mayor,
complained about the damage caused by Lena Gulch, trees are being
undermined, has lost 15 ft of property, passed pictures around to show
what happens when it rain~, property value will be destroyed, family
might be in danger, Council needs to look at this along with Urban
Drainage
Mayor Winger asked Mr Goebel
funds to work on Lena Gulch
when Urban Drainage comes out
to write to
Mayor Winger
on Wednesday
Urban Drainage and a~k for
and Bob Goebel will be there
to look at Lena Gulch
Lloyd Pascal, 5U55 Tabor Street, addressed continued problems with t~e
golf driving range, still has balls on his property, bright lights
shining in his house, damage to his ~hed, decrease in his property
value
Mr Hayes gave update In status of driving range regarding lawsuit,
agreement~, bankruptcy of operators, new operator, taxes owed to the
City The City will check into any and all possible remedies to this
matter
~otion by Mr Selstad for an Executive Session at the end of the
meeting to discuss this further, seconded by Mr Davi~, carried 8-0
CITY COUNCIL MINUTt~
September 14, 199~
Page -2-
Molly Williams, 5075 Tabor Street, was sworn in by the Mayor, she lives
next door to Mr Pascal and also spoke about problems with the driving
range, she wants Council to reconsider the decision to allow this
driving range Council has options to down-zone this, or declare it a
public nuisance They can solve this problem She has an injunction
against the driving range but it is unenforceable, they still get the
golf balls onto their property
Robert Williams, 4505 Everett Drive, was sworn in by the Mayor, also
complained about the driving range
Rod Johnson, 3313 Wright Street, was sworn in by the Mayor, ~e addressed
last week's election--was glad that sales tax had not been raised,
proposed more realistic solutions suc~ as improvements to the Anderson
Building, limited expansion to City Hall, delay a street improvement
here and there and use some Jreative thinking to meet the requirements
at acceptable cost, this was a broad based defeat not just from the
seniors He gave the Mayor a check in the amount of $100 00 as seed
money for City Hall expansion and asked for other people to donate
City rlerk, Wanda Sang, read a letter from Claudia Worth into the
record, in which she critize1 the amount of money that was being
budgeted for Mugele Park
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1
Public Input for 1993 Budget
Rod Johnson, 3313 Wright Street, stated people do not want tax
increases, preliminary review of the budget document indicates some
significant increases in fees, such as business license fees, contractor
fees, use tax, telephone franc~ise tax, this will be passed on to
consumer Proposed salary plan will be so expensive in a few years that
the City won't be able to afford it, we have too many chiefs and not
enough Indians in this rity You can't continue to raise taxes faster
than inflation
Louise Turner, 11256 W 38th Avenue, was sworn in by t~e Mayor, she
recommended that street budgets be cut, keep streets inexpensive, change
street standards, when putting in a trail, we put in concrete, City has
a love affair with concrete, these are unnecessary costs, parks are
being designed by park consultants w~o do this for a meeting, parking
lots are being paved with Open Space money, 10 something more
environmentally friendly, Open Space money should be used to acquire and
protect Open Space, we need a better Zoning Map, we need an update on
the future lan1 use plan, no money is budgeted for Lena Gulch, not
enough money is being spent on drainage, there is no warning system for
floods, reinstate the Ranger program with horses patrolling the
1reenbelt, asked that $5,000 be bu1getej for spaying and neutering of
dogs and cats coming out of the poun1
SITY CUUN~IL MINUTES
September 14, 1992
Page -3-
City Slerk, Wancta Sang, read a letter into the record from Wheat Ridge
United Neighborhoons, signed by Dorothy T~ompson, which adnressed
suggestions for streets, Open Space funis, out of town trips for Council
ann staff, electen officials' meals, proposei play plan anct Sapital
Improvement funds Plan the budget so that expenditures DO NOT exceed
total revenue Mrs Brougham asked that a copy of this letter be
attached to the Minutes for City Council
Item 2
Public Hearing on application by Jeff rluphf for Asbury
Development Corporation for approval of a combined preliminary
and final plat for Residential-Three zoned property located at
5965 W 33rd Avenue (Sase No WS-92-2)
Item 2 was introduced by Mr Selstact, title react by the Clerk Mr
Gidley gave the staff report and answered questions
Ida Frink, 5930 W 34th Avenue, was sworn in by the Mayor, her property
borders the proposed project, her con]ern was the fencing
Jeff Cluphf, President of JL~ Development Sorporation, who handled the
application and processing of this plan, was sworn in by the Mayor and
answerect Souncil's questions
Terry Donze, 3~80 Ingalls Street, was sworn in by the Mayor, had some
concerns about t~e number of lots going in the development, likes the
idea of single family homes gJing in instead of apartments, doesn't like
two-story houses since most houses around there are one-story
Martin Visnak, 32b5 Ingalls Street, was sworn in by the Mayor, he is
immediately adjacent to the property, mainly came to this meeting for
information, most Jots in the area are larger than these lots, consider
slightly less density to fit in wit~ the neighborhood
Motion by Mr Selstad that Case No WS-92-2, a request for approval of a
seven-lot subdivision for property located at 5965 West 33rd Avenue, be
approved for the following reasons 1 All requirements of the
Subdivision Regulations have been met 2 Staff and Planning
Commission recommend approval, seconded by Mr Davis, carried 8-0
Item 3
Public Hearing on consideration of a proposed amendment to the
Wheat Ridge ~omprehensive Plan, Section IX Master Plans for
Area Development, A Wadswort~ Town Center Master Plan
(Case No WPA-92-1)
Item 3 was introduced by Mr
Mr Gidley presented the case
FIasco, title read by the Clerk
Discussion followed
Motion by Mr FIasco that the proposed amendment to the Wheat Ridge
Comprehensive Plan, Section IX A W~eat Ridge Town Center Plan, be
approved as submitted, seconded by Vance Edwards, carried 7-0 with Mr
Davis abstaining
SITY CUUNCIL MINUTES
September 14, 1992
Page -4-
Item 4. Public Hearing on consideration of a proposal to substantially
modify t~e Wheat Ridge Town renter Urban Renewal Plan
(Case No URP-92-1)
Item 4 was introduced by Mr FIasco, title read by the Clerk Mr
Hayes explained the case
Ann Pitinga, Director of EDARC, was ~worn in by t~e Mayor ~jd asked that
a ResJlution be sub~tituted for the one in the packet, with a minor
modification in Section 1 and a correction of typing errors
Motion by Mr FIasco to approve the Wheat Ridge Town renter Urban
Renewal Plan modifications as per the new Resolution submitted by Ann
Pitinga, Resolution 1313, Case No URP-92-1, ~econded by Vance Edwards,
carried 7-0 with Mr Davis abstaining
Item 5
Public Hearing on Council Bill 19 - An Ordinance adding Section
2-5 to the Wheat Ridge Municipal Code, concerning Municipal
Disposition of unclaimed property
rouncil Bill 19 was introduced by Mr Davis on second reading, title
read by the Clerk, Ordinance No 903 assigned
Mr Hayes explained the language changes to this Ordinance and
recommended ado~tion
Motion by Mr Davis for the adoption of Ordinance No 903, seconded by
Vance Edward~, carried 8-0
ORDINANCES ON FIRST READING
Item 6
Council Bill 21 - An Ordinance amending the Zoning Code of the
Code of Laws of the City of Wheat Ridge relating to Veterinary
Hospitals and Clinics within Restricted rommercial (R-C) zone
districts
rouncil Bill 21 was introduced by Vance Edwards on first reading, title
read by the Clerk
Motion by Vance Edward~ that Council Bill 21 be approved on first
reading, ordered published, public hearing be set for Monday, October
12, 1992 at 7 30 p m in City rouncil Chambers, Municipal Bldg , and if
approved on second reading, take effect 15 days after final publication,
seconded by Mr Selstad, carried 8-0
CITY COUNCIL MINuTES
September 14, 1992
Page -5-
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 7
Resolution 131U - authorizing appointment of Deputy City
Treasurers
Mayor Winger introduce1 Resolution 1310 Motion by Mr Shanley for the
adoption of Resolution 1310, secon1ed by Mr Eafanti
Jim Malone, 7040 W 34th Place, City Treasurer for W~eat Ridge, was
sworn in by the Mayor, he stated that in the past the City had only
appointed one deputy treasurer
Mr FIasco will vote against this, because he doesn't see any real
purpose to have two deputies
Motion carried 5-3 with Councilmembers Brougham, Davis, and FIasco
voting no
Item 8
Resolution 1311 - authorizing reimbursement from t~e rity of
Wheat Ridge's attributable share of t~e Jefferson rounty Open
Space Fund for Parks and Open Space Development
Resolution 1311 was introduced by Vance Edwards, title read by the
Clerk
Gary Wardle, Director of Wheat Ridge Parks and Recreation, explained
this Resolution
Motion by Vance Edwards that Resolution No 1311 authorizing payment
from Jefferson County Open Space be approved, and the Mayor be
authorized to sign the intergovernmental agreement entitled "Request for
Reimbursement and Certification of Use of Funds" which is required by
Jefferson County Open Space before payment from the City of Wheat
Ridge's attributable share can be released, seconded by Mr Selstad,
carrie,d 8-0
Item 9
Resolution 1312 - approving Intergovernmental Agreement with
Colorado Department of Transportation for Federal Ai1 Project
at 44t~ & Field Street (HOS 0006(85)
Resolution 1312 was introduced by Mr Shanley, title read by the Clerk
Bob Goebel explained the agreement
Motion by I'1r
Phil Edwards,
Shanley for t~e adoption of Resolution 1312, seconded by
carried 8-0
CITY COUNCIL MINUTeS
September 14, 1992
Page -6-
Item 10 Bid Award for 35th and Allison Road Reopening Project
Item 10 wa, introduced by Mr Shanley, Mr Hayes gave background
Motion by Mr Shanley that the 35th & Allison Reopenin~, Project
S-MISC 01-92, be awarded to Asphalt Sp~cialties in the amount of their
bid of $30,558 25 That a 2% early completion incentive bonus in the
amount of $612 00 be established That a 15% force account/contingency
in the amount of $4,583 00 be establi~hed That the Director of Public
Works be authorized to issue change orders up to the total amount of the
contract and contingency/force account and that the total project cost
of $35,142 25 be charged to Capital Improvement Fund Acct 30-303-851
That the funds be encumbered for the lengt~ of the project which
eXpres~ly allow~ the expenditure of funds in 1993 for this project in
accordance with Ordinance 787, Series of 1989, ~econded by Phil Edwards
Mrs Brougham reque~ted that everyone on Council and the press be given
a copy of the total cost of this street, when we closed it, it cost the
City, now we are opening it, it'll co~t the City, people do not want
unnecessary expenditure by government--this has been an unnel~essary
expenditure She wants Mr Hayes time included in the expenditure
report going back to the closing of the street
Motion carried 6-2 wit~ Vance Edwards and Mr Selstad voting no
Item 11 Motion re
Relocation of Water Line on Tabor Street
Item 11 was introduced by Phil Edwards, Mr Goebel gave backgrouni
Motion by Phil Edwards that the City issue written authorization to
Valley Water to begin construction work required to lower their water
main in Tabor Street between West 48th and 49t~ Avenue as a part of the
Tabor Street Reconstruction I further move that the cost of this work
and a 10% contingency, $14,915, and $1,500, respectively, for a total
cost not to exceed $16,415, be authorized I furt~er move that all
costs associated with water line relocation be charged to Capital
Project Fund 30-303-851, Miscellaneous Street Project, seconded by Mr
Shanley, carried 8-0
Item 12 Settlement of Yelenlck Condemnation
Item 12 was introduced by Mr Shanley Mr
report Motion by Mr Shanley that rase No
Ridge v Yelenick, be settled by the payment
the amount of $9,200 00, and that the amount
Acct 30-303-873 P 0 9847, seconded by P~il
Hayes gave background
91-CV-1253, City of wheat
to the property owners of
of $9,200 00 be paid from
Edwards, carried 8-0
Item 13 38th Avenue Flag~
Item 13 was introduced by Mr Eafanti Motion by Mr Eafanti that the
City of Wheat Ridge assume re~pon~ibility for the placement of flags on
38th Avenue between Sheridan ani Wadswort~ for holiday events to be
designated by the City Council, seconded by Mr Selstaj, failed 3-5 with
Councilmembers Selstad, Eafanti and Brougham voting yes
rITY COUNCIL MINUTES
Sef.'tember 14, 1992
Page -7-
Item 14 Appointment to CML Policy Committee
Motion by Mr Shanley to appoint Robert Mi4daugh to the CML Policy
Committee, han4a Sang remain the alternate, seconde4 by Vance Edwards,
carried 8-0
Item~ Board and Commission appointments
Motion by Mr Shanley that Emery Dorsey be appointed to the Parks
Commission from District IV, seconded by Phil Edwards
Mr FIasco ~as a problem with this procedure, we have a committee to do
this type of thing, it hasn't even been brought to the committee, the
committee hasn't met in some time Therefore, he moved that this item
be tabled, seconded by Mrs Brougham, carried 5-3 with Councilmembers
Selstad, Shanley and Phil Edwards voting no
Mr Selstad stated t~at there was no point in wasting time and have the
committee meet, since both Councilmembers from District IV wanted the
appointment and Mr Wardle had asked several times to ~ave that position
filled He therefore moved to remove this item from the table, seconded
by Phil Edwards, failed 3-5 with Council members Selstad, Shanley, and
Phil Eiwards voting yes
CITY ATTORNEY'S MATTERS
John Hayes updated Council on
have been filed for a Charter
continuing the format as used
various litigation matters
Amendment Consensus was in
in Item 12
Petitions
favor of
ELECTED OFFICIALS' MATTERS
Ron Selstad called a committee for city affairs meeting at 7 00 p m
before the next Council Meeting and asked that the agenda item be noted
on the agenda so that we can go right from to committee to t~e Council
Meeting to fill t~e vacancies
Don Eafanti moved for reconsideration of W 38th Avenue solely for the
purpose of directing the City Attorney to prepare an ordinance w~ich
would be submitted to the rity Council and the voters of the City, which
Ordinance would designate W 38th Avenue a 3-1ane street with a 44ft
flow line to flow line, in which Ordinance would be provided that the
number of lanes could not be changed without further vote of the
citizens, seconded by Mr Davis, tied 4-4 with Councilmembers Phil
Edwards, Davis, Eafanti and FIasco voting yes Mayor Winger broke the
tie by voting ye1 Motion carried 5-4
CIT~ COUNCIL MINUTES
September 14, 1992
Page -8-
Elise Brougham stated t~at she is embarrassed to be a part of this body,
people make a decision during huge public meetings and then go back on
their word, people think t~ey are not being listened to and they are
correct
Motion by Vance E1wards to adjourn after the Executive Session, seconded
by Mr Shanley, carried 8-0
EXECUTIVE SESSION WAS HELD
Meeting
at 11 25 p m
~
Wan1a Sang,
rk
,pz GITY COUNCIL ON SEPTEMBER 28, 1992 BY , VOTE OF
_ ,/1 ~ &rl?-'?r A
Kent Davis, Council President
8
TO O.