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Home My WebLink About04/26/1993 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO April 26, 1993 The rity Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Elise Brougham, Kent Davi3, Don Eafanti, Phil Edwards, Vance Edwards, Tony Flasco, Ron Selstad, and Bill Shanley Also present City rlerk, Wanda Sang, City Administrator, Robert Middaugh, rity Attorneys, John Hayes and Kathryn Schroeder, rity 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 citizens APPROVAL OF MINUTES of April 12, 1993 Motion by Mr Eafanti for the approval of the Minutes of April 12, 1993, seconded by Mr Davis Mr Selstad asked that on page 1, the word "Pollution" be changed to "Protection" and under rity Attorney's Matters on Page 6, be added that Mr Hayes asked to appeal Judge Villano's Ruling on the Wheat Ridge Special Election matter, but that nobody on the prevailing side made a motion to do this Motion carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Winger presented a proclamation to Theresa DeGault for Victim's Rights Week, April 25 through May 1, 1993 CITIZENS' RIGHTS TO SPEAK Lisa Rosson, 9490 W 38th Avenue, was sworn in by the Mayor, she read a letter into the record regarding the Campaign Reform rharter Amendment, the legal fees incurred as a result of stopping the May 4, election and the refusal of some Councilmembers not to appeal Judge Villano's decision Council, please remember to represent the 900+ citizens who signed the petitions, not only the three people filing a lawsuit John Powers, 261~ Upham Street, was sworn in by the Mayor, he read a letter from Wheat Ridge United Neighborhoods, signed by Dorothy Thompson, President, into the record The letter addressed the same items as in Ms Rosson's letter above Louise Turner, 11256 W 38th Avenue, was sworn in by the Mayor, she welcomed new rity Attorney, Kathryn Schroeder, she stated that citizen input is not always welcome in Wheat Ridge if it goes against something Council wants She addressed the same items Ms Ros~on spoke to Jim Martinez, 4212 Garrison Street, was sworn in by the Mayor, complained about his loss of peace and quiet because of his proximity to Field Park There is the Carllation festival, baseball, volleyball, swim meets, etc He asked for Council's help (Mr Middaugh or the Mayor will be in touch with him) CITY COUNCIL MINUTES April 26, 19'13 Page -2- Richard Doyle, 44':)1 Upham Street, was sworn in bv t~e Mayor, brought Council's attention to a very serious accident at t~e corner of Vance and 44th a couple of we~ks ago, asked that a traffic light be installed Mr FIasco asked that this item be put on a Study session and a Public Works Advisory rommittee meeting PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 8 - An Ordinance ameniing the Code of Laws of the City of Wheat Ridge, Colorado, regarding parking of Recreation Ve~icles and Towed Vehicles within public street rights-of-way rouncil Bill was introduced on second reading by Mr Selstad, title read by the Clerk, Ordinance No 925 assigned Mr Middaug~ explained that all the changes requested by ritv Council at the first reading had be~n incorporated into this Council Bill City Clerk, Wanda Sang, read a letter into the record from John Stemme who wrote in favor of prohibited street parking of all ve~icles other than passenger cars and light trucks without campers attached Richard Bassett, 4125 Marshall Street, was sworn in by the Mayor, he has parked his recreational vehicle on the stre~t since 1974 and has never had 3 problem, this ordinance seems to be a case of overkill that affects a small number of people who cause problems, he just boug~t another motor home and won't be able to legally park it on t~e street any more Robert Shacklett, 3592 Simms Street, James Martinez, 4212 Garrison Street, and Lawrence Blasco, 3045 Vance Street, were sworn in by the Mayor and spoke in favor of passing this Ordinance Motion by Mr Selstad for the adoption of Council Bill 8, Ordinance 925, on second reading, with the change on page 2, that the words "no closer than (6) six feet of any paved public street" be deleted and replaced with "in accordance with the limitations of this subsection (b)", seconded by Vance Edwards Mr Davis will vote against this, we should leave it like it has been, he has never had any calls complaining about parking of recreational vehicles Mr FIasco will vote no, we already have an ordinance on the books, he had one call of complaint and it was easily resolved by calling the police department, he has a particular problem with the definition of property line Mrs Brougham move,d to amend to put back the words "motor homes or recreational vehicles, which are either eight (8) feet or more in width or twenty-five (25 feet) or more in length", seconded by Mr Davis, failed 3-5 with Councilmembers Davis, Brougham and FIasco voting yes Vote on original motion failed 4-4 with Council members Vance Edwards, Ron Selstad, and Don Eafanti voting yes broke the tie by voting yes Motion carried 5-4 Phil Edwards, Mayor Winger CITY COUNCIL MINUTES April 26,1993 Page -3- ORDINANCES ON FIRST READING Item 2 Council Bill 11 - An Ordinance vacating a portion of Quail Street wi thin the City of Wheat Ridge, County of Jefferson, State of Colorado, addressed as approximately 11200 west 38th Avenue (Case No WV-93-1) Council Bill 11 was introduced bv Vance Edwards on first reading, title read by the Clerk Motion by Vance Edwards t~at rouncil Bill 11 be approved on first reading, ordered published, public hearing be set for Monday, May 24, 1993 at 7 30 p m in City Council rhambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, and that under Section 2 "10 feet" be changed to "25 feet", seconded by Phil Edwards, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 3 Resolution 1348 - approving Intergovernmental Agreement of the rity of Wheat Ri.dge with Colorado Department of Transportation, and Dwaine and Virginia Richter, dba 70 West Business Center Resolution 1348 was introduced by Mr FIasco, title read by the Clerk Mr Middaugh explained that this item had to do with relocating the frontage road north of W 32nd Avenue and directly west of 1-70 T~e intent is to ease traffic problems There will also be a noise barrier erected He asked that the last sentence on page -2-, subsection 4, be deleted in its entirety City Attorney, John Hayes, gave the background on the decision to relocate this frontage road Robert Kessler, 4130 S Narcissus Way, Denver, attorney for Mr Richter, was present and also gave background on this item and answered questions Brad Brauer, 3230 Zinnia Court, was sworn in by the Mayor, he addressed community concerns in this area, they are not fig~ting development, but are looking for reasonable development, he questioned the City spending that kind of money on road construction, felt that there were at least five flaws with the plans, requested that Council look at it very carefully Greg Penkowsky, 1600 Broadway, was sworn in by t~e Mayor, he spoke on behalf of LaQuinta, expressed concerns about the design, tax dollars being spent of w~at seems like a private deal, shared Mr Brauer's concerns, doesn't think this should be done bv Resolution CITY COUNCIL MINUTES April 26, 1993 Page -4- Discussion follow~d Motion by Vance Edwards to hold an Executive Session under Section 5 7(b)(2)(B) of the Charter, seconded by Mr Eafanti, carried 5-3 with Councilmembers Davis, Selstad, and FIasco voting No. EXECUTIVE SESSION WAS HELD. Motion by Mr FIasco for the adoption of Resolution 1348, seconded by Mr Davis Motion by Mr Selstad that we re-draft the design, to go with the alternative design presented, which would relay that road closer to 32nd and then parallel it, it would exit on to 32nd in the same place This would prevent the problem of the traffic between LaQuinta and the Restaurant, h~ proposed that the rity would pay for the subsequent design, a lot of concern by the residents on the west side would be addressed, safety factors would Le address~d, seconded by Mrs Brougham, failed 3-5 with Councilmembers Selstad, Vance Edwards and Brougham voting yes Phil Edwards stated that this has be~n studi~d and redrawn so many times, there seems to be no end to it Vance Edwards will vote no on the original motion because the $250,000 00 comes out of the local streets 3ccount, which is the money for one entire year, that could financ~ drainage, sidewalks, etc He was not on Council wh~n the original plan was approved A few people get the gold mine and the rest of the citizens get the shaft Motion by Mrs Brougham that the noise barrier be installed before construction begins on the road, seconded by Vance Edwards, carried 8-0 Vote on original motion as amended carried 5-3 with rouncilmembers Selstad, Vance Edwards, and Mrs Brougham voting no Mrs Brougham voted no, because she does not feel the City is Obligated to fix a person's land so he can develop it, this is outrageous, $250,000 00 of the City's money, this is not a prudent move Item 4. Resolution 1349 - authorizing the Mayor and City Clerk to sign the request for reimburs~ment and certification of the use of funds for the construction of the pedestrian and bike path located at 41st and Kipling Resolution 1349 was introduced by Mrs Brougham, title read by the Clerk Motion by Mrs Vance Edwards, Brougham for the adoption of Resolution 1349, seconded by carried 8-0 CITY COUNCIL MINUTES April 26, 1993 Page -5- Item 5 Approval of 1992 Annual Audit Gary Matthews, 416 Clarkson Street, auditor, was sworn in by the Mayor and answered rouncils' questions Motion by Mr Selstad that the 1992 annual 3udit of the rity of Wheat Ridge's financial statements be approved as presented, seconded by Mr Davis, carried 8-0 Item 6 Bid Award for west 38th Avenue Motion by Mr Shanley that the West 38th Avenue Street Improvement Project (Wadsworth to Cody) (RFB #93-02), Project #S-38 01-92 be awarded to Wycon ronstruction in the amount of their bid of $882,453 00 That a contingencylforce account of 10% in the amount of $88,245 00 be established That a maximum amount of 2% of the bid amount, $17,649 00 be allocated for payment of any early completion of the project That the Director of Public Works be authorized to issue change orders up to the total contract and contingency amount of $970,698 00 That the total project costs of $988,347 00 be charged to Capital Project Fund Account Number 30-303-855 That the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1994 for this project in accordance with Ordinance #787, 1989 Series, seconded by Mr Davis, carried 8-0 Item 7 Warranty Deeds for property acquisition on West 38th Avenue Motion by Mrs Brougham that the rity accept the quit claim deed for the parcel at 8060 W 38th Avenue and the warranty deeds for parcels at 8485 W 38th Avenue and 8070 W 38th Avenue as presented I further move that the sum of $10 0 for each parcel be paid and that this amount be taken from the Capital Improvements Fund account 30-303-855, seconded Mr Eafanti, carried 8-0 Motion by Mrs Brougham that the City accept the warranty deed for 8060 West 38th Avenue I further move that costs of improvements as detailed in the attached Letter of Agreement be included in the project costs for the reconstruction of West 38th Avenue and that these costs be taken from rapital Improvements Fund Account 30-303-855, seconded by Mr Davis, carried 8-0 Motion by Mrs Brougham that the City accept the warranty deed for 7760 West 38th Avenue as presented That the sum of $1,000 00 be paid for the parcel and that this amount be taken from rapital Improvement Fund Account 30-303-855, seconded by Mr Davis, carried 8-0 CITY ADMINISTRATOR'S MATTERS Item 8 48th Avenue Wadsworth to Marshall Street Mr Middaugh gave a report on the study that had been done on W 48th Avenue and stated that the speed limit would be reduced He announced that Ed Ray was going to retire and that this position would not be filled However, rouncil would be approached about hiring a new DARE Officer rITY COUNrIL MINUTES April 26, 1993 Pagl'l -6- rustomer Service Training for employees will be started this week He asked for Council directive regarding the schedule for 1994 budget meetings Mr Davis stated we should wait until after the town meetings, at least until July Motion by Phil Edwards to go past 11 00 pm, seconded by Vance Edwards, carried 5-3 with founcilmembers FIasco, Shanley, and Davis voting no Mr Middaugh explained how the upcoming town meetings were going to be conducted and asked for Council input CITY ATTORNEY'S MATTERS John Hayes welcomed Kathryn Schroeder, the new City Attorney Kathryn Schroeder thanked John for having been so helpful during the transition ELECTED OFFICIALS' MATTERS Mayor Winger asked that Elected Officials sit here with a straight face when citizens are speaking and not make any comments Vance Edwards gave update of Public Works Advisory Committee discussion regarding the $25,000 left over from the concrete replacement program and asked for Council direction as whether the money should be added to t~e $50,000 ADA money or used for concrete replacement This will be put on a future Agenda Kent Davis made a point of order that several weeks ago when we sus~enjed the Rules of Order it took a 6-2 vote, tonight when we went past 11 00 pm, the same Rule ~hould have been applied Don Eafanti thanked John Hayes for his knowledge and his sense of humor and presented him with a paperweight Motion by Vance Edwards to adjourn, seconded by Phil Edwards, carried 8-0 Mee~ing adJouriled t 11 20 p m ~ I< <W ~-6:-------- Wanda Sang, City C er~ APPROVED BY CITY COUNCIL ON MAY 10, 1993 BY A VOTE OF ~_ TO ( I i~,\~ TA~:~;/ Ron elstad, Council President