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
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,hrista Jones,
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Deputy rity Clerk
APPROVED bY CITY CUUNCIL ON JUNE 14, 1993 DY A VOTE OF
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TO l.-
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Ron Selsta~, rouncil President