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HomeMy WebLinkAbout05/24/1993 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO May 24, 1993 The City rouncil Me~ting was call~d to order bv the Mavur at 7 30 p m Councilmembers ~resent Elise Bruugham, Kent Lavis, Don Eafanti, Phil Edwards, Vance Edwards, Tonv Flasco, Ron S~lstad, and Bill Shanley Also present Deputy City Clerk, Christa Jones, rity Administrator, Robert I~iddaugh, City Attorney, Kathryn Schroeder, rity Treasurer, Jim Malone, Director of Planning, Glen Gidley, Director of Parks, Gary hardIe, Director of Public ~urks, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of May 10, 19~3 Motion by Mr Eafanti for the approval of the Minut~s of May 10, 1993, seconded by Mr Davis, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Winger proclaimed Colorado Recycling Month - June 1993 CITIZENS' RIGHTS TO SPEAK Rae Jean Behm, 3835 Quail Court, Secretary of 38th Avenue ~lerchants Group, thanked everybody for th~ great success of the second annual garage sale, reminded all of the upcoming duck race during the rarnation Festival UNFINISHED BUSINESS - These Items were postponed from the May 10, 1993 City Council Meeting Item Traffic Signal Construction at Youngfield Off Ramp from East-bound 1-70 Motion by Mr Selstad that W L Contractors be awarded the trenching, installation and setting of poles and bases for their quoted amount of $6,810 00 That Valmont poles be awarded one pole at their quote of $2,~79 00 That these and all other incidental items to install mast-arms at E B I-70 & Young field be charged to Acct No 30-304-843 That the Director of Public harks be authorized to approve change orders and purchases for this signal project not to exceed $13,000 00, seconded by Mr Eafanti, carried 8-0 Item 2 Payment Assistance for Dead Tree Removal Motion by Vance Edwards that the ritizen Assistance Tree Removal Program be approved in the amount currently budgeted, which is approximately $130,000 and that we get a monthly report, seconded by Mr Selstad, carried 8-0 CITY COUNrIL MINUTES May ~4, 1993 Page -2- Item 3 Park Land Acquisition - 9160 and 9130 W 44th Ave Resolutions 1351 and 1352 Resolution 1351 - authorizing the Jefferson County Open Space Officials to secure an appraisal, survey, title commitment, environmental assessment, determine fair market value and negotiate for the acquisition of the property, including the building, consisting of eight tenths ( b) of an acre, 39,900 square feet, located at 91bO W 44th Avenue, Wheat Ridge, Coloralo Resolution 1351 was introduced by Mr Shanley, title read by t~e r,lerk Motion by Mr Shanley for the approval of Resolution 1351, seconded by Mr Eafanti, carried 7-1 with Vance Edwards voting No Mr Edwards stated that these are two prime properties suitable for businesses and ~e does not feel the City should acquire them Resolution 1352 - authorizing the Jefferson County Open Space Officials to secure an appraisal, survey, title commitment, environmental assesswent, determine fair market value and negotiate for the acquisition of the property, including the building, consisting of three tenths (0 3) of an acre, 14,000 square feet, located at 9130 W 44th Avenue in ~heat Ridge, Colorado Resolution 1352 was introduced by Mr Shanley, title read by the Clerk Motion by Mr Shanley for the adoption of Resolution 1352, with the addition that the Southland Corporation be made aware that we are very seriously looking at that piece of property and that we would consider condemnation if we ~ad to, seconded by Mr FIasco Mr Middaugh suggested another change, the Resolution, as is, authorizes Jefferson County Open Space to proceed with those items It would be a more speedy process to authorize the rity of Wheat Ridge, in lieu of Jefferson County Open Space, to do those things, we would go through the same process and then seek reimbursement from Open Space at a later date Mr Shanley accepted this as a part of his motion Mr Selstad will vote against this, he does not believe in condemnation, we better watch our dollars Mrs Brougham will vote against this, we should not deviate from our procedure of going through Open Space, they have this procedure for a reason, is not sure that they will reimburse us, this is commercial property--we should not try to hinder other businesses who want to buy this property Motion failed 4-4 with Councilmembers Eafanti, Shanley, Davis and FIasco voting yes Mayor Winger broke the tie by voting yes Motion carried 5-4 with Councilmembers Vance Edwards, Selstad, Brougham and Phil Edwards voting no CITY COUNCIL MINUTES tv1ay 24, 1993 Page -3- Item 4 Bid Award for annual Weed Mowing and Trash/Junk Removal Services (Revise~) Motion by Mr Selstad that the Weed Mowing & Trash/Junk Removal Services Contract (RFb #93-14) be awarded to Grounds Service Co for the various rates that they bi1 and that all costs be charged to Acct No 01-123-718 I further move that should Grounds Service Co fail to perform under the terms of the contract and meet the estimated time to complete the jobs assigned, the firm with the next lowest rates bid may be awarded the contract, seconded by Mr Eafanti, carried 8-0 ItetIJ 5 Acceptance of Warranty deed from rity and County of Denver Motion by Mr Selstad that the rity of Wheat Ridge accept the warranty deed at West 29th Avenue and Sheridan Blvd as presented I further move that $10 00 be transferred from General Fund Acct 01-302-793 to General Fund Acct 01-302-799 That the sum of $10 00 be paid for the parcel and that this sum be taken from General Fund Acct 01-302-799, seconded by Mr FIasco, carried 8-0 Item 6 Policy Direction for use of Capital Improvement Funds Motion by Vance Edwards that the budget line item expenditures be revised to designate extra tlJoney in the curb & gutter program to be used for accessibility repair as prioritized by the Director of Public Works, and that none of the extra money be used for cross pans unless required by a ramp repair or installation, seconded by Mr Davis Motion by Mrs Brougham to amend to add "and trip hazards as prioritized by the Director of Public Works", failed for lack of second ~otion carried 8-0 Motion by Mr Selstad to move up Ite~ 14 ahead of Item 7 due to a time problem that had been pointed out to him bv the rity Administrator, seconded by Phil Edwards Mr FIasco objected to this This violates Council Rules by bringing this up before Public Hearings, there are people here for the public hearings Have public hearings and Ordinances on first reading, then move this up Mr Selstad changed his motion to move Item 14 up after Item 10, seconded by Phil Edwards Mrs Brougham asked to amend the motion that we will hear Item 14 before we adjourn Mr Selstad and second accepted this as a friendly amendment Mr Davis will vote against this base1 on the fact that it is before we adjourn, this will just drag on the meeting Motion failed 4-4 with Councilmembers Selstad, Phil Edwards, Vance Edwards and Elise Brougham voting yes Mayor Winger voted no Motion failed 5-4 CITY rUUNCIL MINUTES May 24, 1993 Page _If- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 7 Council Bill 11 - An Ordinance vacating a portion of Wuail Street within the City of Wheat Ridge, County of Jefferson, State of rolorado, addressed as approximately 11200 West 38th Avenue (Case No hV-93-1) rouncil Bill 11 was intruduced by Vance Edwards, title read by the Clerk, Ordinance No 927 assigned Robert Middaugh, Glen Gidley and Bob Goebel gave the staff reports, showed overhead transparencies and answered questions James H Mosley, 11325 W William'), was sworn in by asked for appruval of the 40th Avenue, atturney representing Mrs the Mayor, he gave background on this case and vacation Howard Noble, 11254 W 38th Avenue, Louise Turner, Karla Nostas, 3500 Parfet, Claudia Worth, 4650 Oak by the Mavor and spoke in favor of the vacation 11256 W Street, 38th Avenue, were sworn in Motion by Vance Edwards that Council Bill 11 (Ordinance 927), Case No WV-93-1, a right-of-way vacation for an unused portion of Quail Street, be approved for the following reasons 1 There should be no further development on the adjacent property, and 2 No other properties will be land-locked With the following conditions 1 The entire 500 feet be vacated, 2 A utility easement be reserved over the entire 25 feet, and 3 A cul-de-sac bulb be built on Quail Street on the north side of Lena Gulch That the Ordinance be changed under Section 2 Condition to read "A utility easement be reserved over the entire 25 feet hereby vacated", seconded bv Mr FIasco Motion by Mr Davis to amend that only the southern 275 feet be vacated, seconded by Phil Edwards, failed 3-5 with Councilmembers Shanley, Davis, and Phil Edwards voting ves Motion by Mrs Brougham to amend to delete condition 3 bulb, seconded by Mr Selstad cul-de-sac Mr Flasco will vote against this amendment, there is no way a fire truck can turn around in there Mr Selstad withdrew his second Mayur Winger stated that if this Ordinance passes, he will veto it He does not believe that this Councilor any other Council can give away land that belongs to our kids and our grandchildren Once you give it away, it would be awfully hard to get it back Motion carried 6-2 with Mr Shanley and Mr Davis voting no CITY CUUNCIL MINUTE~ May .::4, 1993 Page -5- I t em 8 Application by James H Brown for approval 01 a final plat for Residential-On~ zoned property located at 10701 West 32nd Avenue (Case No WS-92-1) Item 8 was introduced by Mr FIasco, title read by the rlerk Mr Gidley and Hr Goebel presented the staff report and answered questions James H Brown, 10701 W 32nd Avenue, applicant, was swurn in by t~e Mayor and asked for approval Lucille Krager, 3530 Miller Court, was sworn in by t~e Mayor and spoke in favor of the development Pat Andrews, 3270 Nelson Street, was sworn in by t~e Mayor, favors the Planning Commission recommendation, not the plan as submitted Tom Abbott, 10780 W 35th Avenue, was sworn in by t~e Mayor, was concerned about the landfill, ditch & storm sewer, they work, now that the City has corrected them, Mr Brown has created a problem with the landfill, put in some stronger language to save some of the trees Frank Edlin, 348~ Nelson, was sworn in by the Mayor, read petition which he circulated last Fall, requesting that one uf the roads exit onto W 32nd Avenue and allow only 1 road onto Nelson 30 People have signed this petition He would prefer Option 1 Connie Bristol, 1082~ W 32nd Avenue, was sworn in bv the Mayor, she was concerned about street access onto 32nd interfering with her property Patrick Koentges, 14350 Braun Road, was sworn in by the Mayor, he is planning on building a house in that development, he entered a petition into the record which asks not to access W 32nd Avenue, recommended 2 accesses to Nelson Dave Brewer, 3565 Moore Ct , was sworn in by the Mayor, ~e submitted a petition with 50 signatures, which requests that both accesses go onto Nelson Street Paul Koentges, ~2 West Irvington Place, was sworn in, plans to build a home in this subdivision and also be a builder in this area, does not want access to W 32nd Av~nue Danna Inglee, 3550 Nelson, was sworn in, is concerned about the foxes, racoons, skunks and oth~r wildlife living on this land, asked that they not be killed, but relocated, perhaps to the Williams property, is in favor of the development, but not this plan, liked the original plan Motion by Mr FIasco that Case No WS-92-1. a request for approval of a final plat for property located at 10701 West 32nd Avenue, be approved for the following reasons 1 All agencies can serve the property, and 2 All requirements of the Subdivision Regulations have been met With the following conditions 1 The property be developed in accordance with the applicant's submitted design, 2 An agreement be reached between the subdivider and the ditch user and that the design be accommodated for on the plant before recording, 3 That the erosion and fill problem be properly discussed and reached an accord with the Public Works Department of the City of Wheat Ridge, and CITY rOUNrIL MINUTES hay 24, 1993 Page -6- 4 That a reasonable effort be made to relocate the wildlife to t~e Williams property, s~conded by Mr Davis Mrs Brougham asked for a fri~ndly amendm~nt to delet~ the reference to the Williams prop~rtv, this is currently a working farm, relocate animals to an appropriate area, this was accepted by motion-maker and second Motion carri~d 8-0 ORDINANCES ON FIRST READING Item 9 Council Bill 13 - authorizing the issuance and sale of Industrial Development Revenue Bonds for Adolph Coors Companv Project rouncil Bill 13 was introduced by Mr Davis on first reading, title read by the Clerk Motion by Mr Davis that Council Bill 13 be approved on first reading, ordered published, public hearing be set for Monday, June 14, 1993 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second r~ading, take effect 1~ days aft~r final publication, seconded by Mr Shanley, carried 8-0 Item 10 rouncil Bill 14 - An Ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado, regarding Mail Ballot Elections Council Bill 14 was introduced by Vance Edwards on first reading, title read by the Clerk Motion by Vance Edwards that Council Bill 14 be approved on first reading, ordered published, public hearing be set for Monday, June 14, 1993 at 7 30 p m in city Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconded by Mr FIasco, carri~d 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Mr Middaug~ stated that it is his intention to ask the City Council to hold a Special Meeting next week for the purpose of at least considering a questionnaire and some decisions that are part of the CAP process Timing on the Community Development Block Grant is very important for the community We might derive several hundred thousand dollars through this program If Council decides to hold a Special meeting, we could ~ear Item 14 at that time Mr FIasco has also as~ej for a Special Meeting regarding EDARr questions that need to Ge answered and asked to invite Lee Ambrose to attend that meeting CITY rUUNrIL MINUT~S ~!lay 24,1993 Page -7- tJiotion to hold a Special City rouncil heAting on TUAsday, June 1,1993, at 7 30 p m in rity Council Chambers, Wheat Ridge Municipal Building, to discuss EDARC, CDBG and rAP, seconded by Vance Edwards, carried d-U Motion by Vance Edwards to go past 11 00 P m and finish t~e Agenda, seconded by Mr FIasco, carried d-O I tefl) 11 Greenbelt Trail Standards Mr Middaugh explained that this discussion was to set trail standards for the Clear Creek Trail, this does not mean the trail will be replaced at this time, it may be done over a number of years Gary Wardle gave presentation on Concrete vs Asphalt, he stated that concrete costs more initially, but lasts much longer than asphalt and needs no repairs Al Perry, 3645 Miller Street, (petitions with 407 names), Karin Heine, 4600 Miller ~treet, Chris Rosson, 9490 W 38t~ Avenue, Jeff ~odell, 3935 Garland Street, Claudia Worth, 4650 Oak Street, Jean Fields, 3270 Fenton Street, Wheat Ridge United Neighborhoods (letter), Louise Turner (letter), Kon Wyatt (letter) all asked that the City of Wheat Ridge do not use concrete on t~e trail, but use asphalt instead Their concerns included interferAnce with wildlife habitat, destroying endangered plant species, expense of concrete, disturbing the peace and quiet of thA area SpAaking in favor of concrete were Elwyn Kiplinger, 3905 Independence Court, Janice Thompson, 12290 W 42nd Avenue, Sue Wilson, 3390 Holland Street Motion by Vance Edwards that new trail standards would be that we do not have the 3' to 5' on Aach side, that it would bA at most 10', that it would not be concrete, it would be asphalt, and that that be the new standard, seconded by Mrs Brougham Discussion followed into the record that The ADA simply wants Vance Edwards introduced a letter from a physician recommends against walking or running on concrete accessibility, says nothing about concrete Mr Davis called for the question, secondAj by Mr Shanlev, carried 7-1 with Mrs Brougham voting no Motion failed 4-4 with rouncilmembArs SAlstad, Vance Edwards, Phil Edwards, and Brougham voting yes Mayor Winger broke the tie by voting no Motion failed 5-4 CITY rOUNCIL MINUTES 1'lay 24, 1993 Page -8- Motion by Mr FIasco t~at the trail standards for the Clear Creek Trail in Wheat Ridge be approved as follows PROPOSED TRAIL STANDARDS FOR THE CLEAR CREEK TRAIL IN WHEAT RIDGE 1 10' wide, 6" thick concrete Th<; concrete may be colored to match the surroundings 2 A 3' to 5' natural surface path on both sides of the hard surface path wher<; feasible 3 The secondary detached <;questrian/hiking path will be 5' wide, natural surface This path will be separated from the main trail A number of the existing side trails will be closed and r<;vegetat<;d to prevent additional environmental damage 4 The overhead clearance for the ped<;strian/bike trail will be 8' to 10' The overh<;ad clearance for equestrian trail wil 1 be 10' to 12' 5 The minimum trail corridor is recommended to be 75' Existing land use and ownership mav mandate a less than desirable width A 20' corridor is the absolute minimum to be acquired, s<;conied by Mr Davis Motion by Mrs Brougham to amend to delete 2 , seconded by Vance Edwards, failed 5-3 with Councilmembers Vance Edwards, Brougham and Selstad voting yes Motion failed 4-4 with Councilmembers Eafanti, Shanley, Davis, and FIasco voting yes Mayor Winger broke the tie by voting ves Motion carried 5-4 with rouncilmembers Selstad, Vance Edwards, Phil Edwards and Brougham voting no Motion by Mrs Brougham to adjourn after City Administrator's and City Attorney's Matters, s<;conded by Mr Davis, failed 4-4 with Councilmembers Eafanti, Davis, Phil Edwards and Brougham voting yes Mayor Winger broke the tie by voting no Motion failed 5-4 Item 12 Contract for Engineering Services for Park and Trail Improvem<;nts ~otion by Mr Selstad that the contract for the design of Clear Creek Trail Improvement at 44th and rlear Creek and the Johnson Park Pond Improv<;ments RFP 93-002 be awarded to Muller Engineering Company Inc in the amount of their fee of $19,200 I further move that $12,000 be charged to Acct 32-601-862 I further move that $7,200 be charged to Acct 54-601-862 I further move that a contingencv/force account of $1000 be established for the 44th and Clear Creek Trail Improvement project and charged to 32-601-862 I further move that a contin- gency/force account of $1000 be established for the Johnson Park Pond Improvement Project and charged to Acct 54-601-862 I further move the Director of Parks and Recreation be authorized to sign change orders up to the amount of the project, $21,200 I further move that the funds b<; encumbered for the length of the project, which expressly allows the expenditure of funds in 1994 for this project in accordance with Ordinance n7~7, 19B9 S<;ries, seconded by Mr Eafanti, carried 5-3 with rouncilm<;mbers Vanc<; Edwards, Phil Edwards, and Brougham voting no CITY CUUNCIL MINUTES Hay 24,1993 Page -9- Item 13 Resolution 1353 - declaring the intent of the City of Wheat Ridge to acquire an interest in a portion uf the real ~roperty at 3301 Youngfieli 5ervice Road, Wheat Ridge Resolution 1353 was introduced by Hr Davis, title read by the Clerk Motion by Mr Davis that Resolution 13~3 for condemnation of property to construct the relocatei Youngfield Service Road at 32nd Avenue be approved, seconded by Mr Shanley, carried 5-3 with Councilmembers Vance Edwards, Selstad and Brougham voting No ELECTED OFFICIALS' MATTERS Mayor Winger needs name~ for the Youth ad hoc committee Vance Edwards stated that at the last 'ounci! Meeting we approved funds to finance lights at the wheat Ridge Middle School No neighborhood meetings have been held to discuss this expenditure as we usually do when we create a recreation area He moved to reconsider the vote on the next Agenda, seconded by Mrs Brougham, failed 4-4 with Councilmembers Selstad, Vance Edwards, Phil Edwards ani Brougham voting yes Mayor Winger voted yes Motion carried 5-4 Phil Edwards askei Council consensus that the City Attorney give us some legal opinions regarding petitions submitted for Campaign Reform Consensus was 5 in favor Elise Brougham askei for consensus that the Parks Department set out cans by the pavillions to recycle cans Consensus was 8 in favor She askei that we pass a Resolution to recognize Mr Flasco for an honor bestowed on him by DRCOG Motion by Mr FIasco to adjourn, seconded by Mr Davis, carried 7-1 with Mr Eafanti voting no Meeting adjourned at 12 50 a m ,- ,I ~\ .""\.. A J\'\ _ " --~-- ,hrista Jones, i_ ' \ ' ~-_._~-_.- Deputy rity Clerk APPROVED bY CITY CUUNCIL ON JUNE 14, 1993 DY A VOTE OF ~ TO l.- ~,<;:,.C'____ '-t"~~~________ Ron Selsta~, rouncil President