HomeMy WebLinkAbout09/25/1995
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W 29th Avenue, Municipal Building
SEPTEMBER 25. 1995
The Regular City Council was called to order by Mayor
Wilde at 6 50 P m Councilmembers present: Rae Jean
Behm, Teri Dalbec, Don Eafanti, Vance Edwards, Jean Fields, Ken Siler, Tony Solano, and
Claudia Worth Also present: City Clerk, Wanda Sang, City Treasurer, Jim Malone, City
Administrator, Robert Middaugh, City Attorney, Gerald Dahl, Director of Planning, Glen
Gidley; for Director of Public Works, John Oss, staff; and interested citizens
APPROVAL OF MINUTES of August 28,1995 and September 11,1995
Motion by Mr Eafanti for the approval of the Minutes of August 28, 1995, seconded by Mr
Siler; carried 8-0
Motion by Mr Eafanti for the approval of the Minutes of September 11, 1995, seconded by
Mrs Behm, carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
Reconsideration of Development Restriction, Lot 1, Cody Subdivision
Motion by Mrs Behm that development on Lot 1 of the Cody Subdivision be exempt from
any height restrictions other than the R-2 zone district regulations, seconded by Mr Solano
Mr Edwards asked for a friendly amendment to add "pursuant to the height limitations in the
Charter" This was accepted by Motion-maker and second Motion carried 8-0
Motion by Mrs Behm to add "Storm Damage" to the Agenda and to place it as Item 5
before the Consent Agenda, seconded by Mr Solano, carried 8-0
Mayor Wilde recognized attendees from Leadership Jefferson County' Jim Jones, Gray
Clark, Judith Grant, Shari McMahon, Erin Erlich, Kevin Nichols, Bob Easterly and Sharon
Bradshaw
CITY COUNCIL MINUTES
September 25, 1995
Page -2-
CITIZENS' RIGHTS TO SPEAK
Eugene Evangelista, owner of Lista's Restaurant on 38th Avenue, complained about the
high occupation tax for small businesses and asked that the amount be cut by one third or
one half
Motion by Mr Siler to defer discussion on this until the budget session tomorrow night;
seconded by Mrs Worth; carried 8-0
Bill Wells, 4565 Carr Street, complained about the proposed Charter Amendment on the
November ballot; this will pit District against District and Councilmember against
CounciJmember; he is against any amendment that infringes on the constitutional rights of
the citizens
Bob Eckhardt, 7400 West 34th Avenue, chairman of the Wheat Ridge Planning
Commission, read a Resolution passed by the Planning Commission, which opposed the
proposed Charter Amendment as it is written and asked that citizens vote against it this
November (Mr Middaugh explained that no staff time was involved in the passing of this
Resolution)
George Langdon, 3570 Miller Street, spoke against the proposed Charter Amendment; feels
that all citizens should be allowed to vote, this amounts to taxation without representation
Geoff Wodell, 3935 Garland Street, (mayoral candidate for November election) questioned
Mr Edwards (mayoral candidate for November election) what he had referred to when he
stated at a candidates meeting at the Sentinel that Mr Middaugh had behaved unethically
and if Mr Edwards would be elected Mayor, Mr Middaugh would no longer be employed by
the City along with two other department heads.
Mr Edwards replied that there were several items that he could cite, for example After his
altercation with Mayor Wilde, Mr Middaugh issued a memo restricting Mr Edwards' access
to City Hall This was a clear violation of the Charter Mr Middaugh tried to restrict Public
Comment. Mr Edwards was contacted by Mr Malone about a possible Charter Violation
regarding the parking lot expansion, the purchasing process was not followed There was a
serious ethical breach regarding the Day Care Center expansion He feels, if he is elected
Mayor, he needs to have full confidence in the City Administrator, and he does not feel that
way about Mr Middaugh He has heard rumors at the Community Center, that if he is
elected Mayor, funds will be cut off to the Center and employees will be let go He does not
approve of rumor mongering.
CITY COUNCIL MINUTES
September 25, 1995
Page -3-
Mr Middaugh responded to the allegations by stating that his memo regarding Mr Edwards'
access to City Hall had nothing to do with ethics Mr Middaugh was carrying out instructions
given to him by his boss When advised by the City Attorney that this was not proper, the
memo was immediately rescinded The Public Comment memo was simply a question
raised to be discussed by City Council The Day Care issue did not involve Mr Middaugh
The Parking Lot issue was discussed with the City Attorney and his legal opinion is there
was no violation of the Charter; this was communicated to City Council
Motion by Mr Siler to continue the meeting; this political discussion was not part of this
meeting, seconded by Mrs Worth, carried 8-0
Item 2.
Council Bill 25 - An ordinance providing for the approval of rezoning from
Agricultural-One to Planned Commercial Development District and approval of
an outline development plan on land located at 4651 Tabor Street, City of
Wheat Ridge, County of Jefferson, State of Colorado
(Case No WZ-95-9) (Trailer Source, Inc. for James K. Clausen)
Council Bill 25 was introduced on second reading by Mrs. Behm, title read by the Clerk;
Ordinance Number 1008 assigned
Mr Gidley was sworn in by the Mayor and presented the staff report.
Jim Blumenthal, President of Trailer Source, Inc , applicant, was sworn in by the Mayor He
introduced his mother and father, who are part of his corporation, they were sworn in by the
Mayor He has no problem with billboard prohibition, explained the type of work they would
be doing, answered Councils' questions
Edmond Marino, 4655 Swadley, was sworn in by the Mayor; he spoke in opposition to the
rezoning, feels that anything bigger than a 2-horse trailer will be too big on Swadley Street;
they won't all use Tabor or 44th Avenue, we don't need any more transients in that area.
Tim Me Mannes, Real Estate Broker for this property, was sworn in by the Mayor; he spoke
in favor of the rezoning He pointed out that the proximity to the truck stop has turned away
higher end development over the years
CITY COUNCIL MINUTES
September 25, 1995
Page -4-
Motion by Mrs Behm that Council Bill 25, a request for approval of a rezoning from
Agricultural-One to Planned Commercial Development and for approval of an outline
development for property located at 4651 Tabor Street, be approved for the following
reasons 1 The evaluation criteria support approval for the request. 2 It meets the intent
of the Fruitdale Valley Master Plan to promote the rural character of the area and provide a
land use transition 3 All requirements for an outline plan have been met. With the
following conditions. 1 A note prohibiting bill boards be added; seconded by Mr Eafanti
Mrs Worth will vote against this because the Fruitdale Mini Master Plan calls for Office
Business Park in that area. Mrs Dalbec will also vote against this because of the Master
Plan and the sound barrier issue Motion carried 6-2 with Mrs Dalbec and Mrs Worth voting
no
Motion by Mrs Behm that Case No WZ-95-9, a request for approval of a final development
plan and plat for property located at 4651 Tabor Street, be approved for the following
reasons 1 The plan allows for an increased amount of landscaping 2 Residential
building height restrictions have been provided. 3 it promotes the rural character of the
area. With the following conditions Subdivision Plan. 1 A drainage easement and
maintenance note be added, 2 A dedicatory statement be added, and 3 All concerns
expressed in Exhibit 'A' be resolved. Final development plan. 1 The outdoor
storage/display area be expanded to include the area west of the building, and 2 All
concerns expressed in Exhibit 'A' be addressed; seconded by Mr Eafanti; carried 6-2 with
Mrs Dalbec and Mrs Worth voting no
Item 3.
Public input on the 1996 Annual Budget.
There was no one present to speak.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 4.
1995 Traffic Systems Improvement Program (RFB #95-23)
Motion by Mr Solano that the 1995 Traffic Signal Improvement Program, West 44th Avenue
and Youngfield Street, Project T-TSI 02-95 (RFB #95-23), be awarded to W L. Contractors in
the amount of their corrected bid of $69,78040 That a 2% early completion incentive bonus
in the amount of $1,39600 be established. That a contingency account in the amount of
$6,979 00 be established. That $20,000 00 be transferred from the Capital Improvements
Fund, Accessibility Account Number 30-303-844 to the Capital Improvements Fund, Traffic
Signal Replacement Account Number 30-304-843
CITY COUNCIL MINUTES
September 25, 1995
Page -5-
That the Director of Public Works be authorized to issue change orders up to the total
contract and contingency amount and that the total cost of this project of $78,155 40 be
charged to Account Number 30-304-843 That the funds be encumbered for the length of
the project which expressly allows the expenditure of funds in 1996 for this project in
accordance with Ordinance #787, 1989 Series, seconded by Mr Eafanti, carried 8-0
Item 5.
Discussion of September 1995 Storm Damage.
Mr Middaugh distributed a memo showing an itemized accounting for costs of the
September storm damage He also updated Council on what the City was currently doing to
clean up the trees and help the residents
Motion by Mrs Behm that we transfer $120,84000 from the General Fund to cover the
accounts on the attached list from the September 1995 Storm Damage, seconded by Mr
Siler; carried 8-0
Item 6.
@(glr:J@~IPJ1f 5u:03[2[f!]lQ;1,(
A. Approve Purchase of the City's business to business directory (RFB #95-
27)
B Approve Police Department's request for briefcase repeater
C Award contract for demolition project at 5201 West 38th Avenue and at
Clear Creek and Carr Street (RFB #95-26)
D 1995 Local Streets Improvement Program (RFB #95-09)
E Approve fleet replacements for 1995
Motion by Mr Siler for approval of the Consent Agenda, seconded by Mr Solano,
carried 8-0
CITY ADMINISTRATOR'S MATTERS
Mr Middaugh informed Council that we have received the grant for the Crown Hill acquisition
in the amount of $400,000 He asked that Council remove their condition of immediate
possession on the 38th & Sheridan project, so that work can begin and some time can be
saved Motion by Mr Solano that we go forward with the portion of the 38th & Sheridan
improvement that we can that is not affected by the ongoing problem with Breakfast Queen,
seconded by Mrs Behm, carried 7-0 with Mr Edwards abstaining (Mr Edwards is
employed by King Soopers)
CITY COUNCIL MINUTES
September 25, 1995
Page -6-
Mr Middaugh asked for a brief executive session at the close of the meeting, this has to do
with property appraisal and property acquisition, which Section 5 7(b)(3) of the Charter
Motion by Mr Solano that we go into executive session after we adjourn the meeting under
Section 5 7(b)(3) of the Charter; seconded by Mrs Behm, carried 8-0
ELECTED OFFICIALS MATTERS
Tony Solano asked how the speed on Pierce Street between 38th and 44th Avenues can be
reduced He does not approve of personal attacks between political rivals, he has no
intention of participating in that.
Teri Dalbec reminded people to let the City, Public Service or the Fire Department know if
they see fire in one of the power lines. She agrees with Tony on the personal attacks and
stated that only issues should be discussed
Mayor Wilde stated that he had a call from one of the Pawn Shops asking that they be
allowed to stay open on Sunday this year because Christmas Eve falls on Sunday City
Attorney, Jerry Dahl, stated that this would need to be done by Ordinance since our Code
specifically does not allow Sunday operation in Pawn Shops Motion by Mrs Dalbec that Mr
Dahl write such an Ordinance and we go through the public hearing process, seconded by
Mrs Worth, carried 6-2 with Councilmembers Solano and Edwards voting no
Ken Siler informed Council of the meeting of the City Affairs Committee, they discussed
Board and Commission appointments Motion by Mrs Worth that the appointments be put
on the next Council Agenda, seconded by Mr Solano, carried 8-0
Claudia Worth stated that the Historical Society is sponsoring a barn dance at the
Community Center; this will be September 30 at 7'00 p m Admission is $2 00
Vance Edwards asked that more money be put into an aggressive tree replacement program
to counter all the storm damage Consensus was 8 in favor to discuss this at the budget
meeting
Motion by Mr Edwards to adjourn, seconded by Mr Solano, carried 8-0
Meeting adjourned at943 EXECUTIVE SESSION WAS HELD
I I
f}'('L(^-L. .1 .........',
Wanda Sang, City Clerk ".,
APPROVED BY CITY COUNCIL ON OCTOBER 9, 1995 BY A VOTE OF ~ to L
, J} 1)
'~ \ d.).... l" (c ," v.V'- I, ,,'
Rae JeanJBehm, Council President