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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.