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Home My WebLink About08/28/1995 SPECIAL CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building AUGUST 28. 1995 The Special City Council meeting was called to order by Mayor Wilde at 6'30 pm 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 Administrator, Robert Middaugh, City Attorney, Gerald Dahl, Parliamentarian, Mary Bahde, Director of Parks & Recreation, Gary Wardle, Director of Planning, Glen Gidley; staff; and interested citizens Item 1. Public Hearing regarding Community Block Grant Application for Martensen Elementary School Playground Equipment. Mr Middaugh briefed Council that at the Study Session held August 21, 1995 a consensus by City Council directed staff to prepare an amendment to the Community Development Block Grant program to provide funding for a new project. The proposed project is the Martensen Elementary School Playground Project estimated to cost approximately $60,000 with approximately $30,000 coming from CDBG funds and $30,000 coming from other funding sources Phylliis Gilson Treasurer, Martensen Elementary PTA, spoke and asked for Council approval to fund the playground equipment. A bid was submitted to all members of Council showing what the costs will be, including all of the structures, all of the ADA surfacing and installation of the project. There haven't been any facilities for the children to use for over a year and they are eager to have something to do Judy Hudson Trujillo, Executive Director of Family Tree, stated that Family Tree owns property in Wheat Ridge, as well as, she is a property owner She spoke in support for the playground equipment for Martensen Elementary School It is her understanding that the City will have unexpended CDBG funds, and requested that Council consider giving funds to completing the reconstruction of the Battered Women's Shelter located in Arvada, Co The City of Arvada has given funds to assist in rehabilitation of the shelter They are now in the midst of construction and there will not be enough funds to complete the lower level SPECIAL CITY COUNCIL MINUTES August 28, 1995 Page -2- Ed Anderson spoke requesting Council support and passage of the Resolution for the Martensen Playground Equipment project. Barbara Sena, homeowner in Wheat Ridge, spoke and asked Council to approve the Resolution and the purchase of the playground equipment. Mr Edwards introduced Resolution No 1483 and read the title Motion by Mr Edwards for the adoption of Resolution No 1483 which approves the submittal of the Community Development Block Grant application to Jefferson County for the Martensen Elementary School Playground Project. This is a cooperative project where, if approved by the Jeffco Commissioners, $30,000 of Wheat Ridge's CDBG Entitlement funds will be matched by the School District; second Mr Solano, carried 8-0 Motion by Mr Edwards for adjournment; seconded Mr Solano, carried 8-0 Meeting adjourned at 640 P m APPROVED BY CITY COUNCIL SEPTEMBER 11, 1995 BY A VOTE OF ~ TO~ /~ \ ) (< . ecf ! ~et- fi ~-k/I~H Rae Jeao' Behm, Council President CITY COUNCIL MINUTES The Regular City Council was called to order by Mayor Wilde at 7:20 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, Parliamentarian, Mary Bahde, Director of Parks & Recreation, Gary Wardle, Director of Planning, Glen Gidley; Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel, staff; and interested citizens CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building AUGUST 28. 1995 APPROVAL OF MINUTES of August 14,1995 and August 21,1995 Motion by Mr Eafanti for the approval of the Minutes of August 14, 1995, seconded by Mr Siler; carried 7-0 with Mrs Behm abstaining Motion by Mr Eafanti for the approval of the Minutes of August 21, 1995, seconded by Mr Siler; carried 7-0 with Mrs Behm abstaining CITIZENS' RIGHTS TO SPEAK Geoff Wodell addressed managed growth in the City of Wheat Ridge Irving Roach complained about the speeders on 44th Avenue and the lack of enforcement. He asked Councils' help that something be done about it. He suggested re-striping the street from 4 lanes to 3 lanes Mrs Worth asked that this item be put on the next Agenda for Public Works Advisory Committee and she invited Mr Roach to attend that meeting Mr Siler reminded Mr Roach that he and Mr Solano and Chief Hurst had discussed this with Mr Roach and that indeed the Speed Board had been set up recently close to Mr Roach's house. Mr Roach has not been ignored by the City Mrs. Behm thanked everybody for their expressions of kindness and compassion during the recent loss of her husband Cliff CITY COUNCIL MINUTES August 28, 1995 Page -2- LOCAL LIQUOR AUTHORITY MATTERS Item 1. Transfer of Ownership for Gold's Corner Grocery City Clerk, Wanda Sang, presented the staff report. Motion by Mrs Behm to approve the Transfer of Ownership from Robert Gold, Jr , dba Gold's Corner Grocery, 10021 West 26th Avenue, Wheat Ridge, to Gold's Corner Grocery, Inc for the following reasons 1 All applications have been filed and fees have been paid 2 Applicant is in possession of the premises by virtue of an assignment of lease dated June 5, 1995 3 Applicants have been cleared by the police department; seconded by Mr Eafanti, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Application by Fante Brothers Coventry Homes, Inc for Gary and Marlayne Herrera for approval of a four-lot minor subdivision with variances for property located at 8501 West 38th Avenue (Case No MS-95-1) Item 2 was introduced by Mr Edwards, title read by the Clerk. Glen Gidley was sworn in and presented the staff report. He stated that the variance would require a super majority vote in order to pass Kurt Prinslow, Dan Fante and Mike Chesnoe were sworn in by the Mayor They explained about the neighborhood meeting on July 26 and the resulting changes in their plans They asked that Lot One not be restricted to a one-story design and that access to Cody Street not be restricted Bud Lehrer, 3838 Dover Street, spokesman for the neighborhood, was sworn in by the Mayor; he likes the smaller size lots and the single family homes, is in favor of the 38th Avenue access, feels the July 26 neighborhood meeting was very productive and everybody had their needs addressed He recommended that City Council accept the developer's proposal and thanked Council for listening to the citizens on this matter Neighbors would support a house not exceeding 2 stories high on Lot One Lavaun Brewton, 3945 Cody Street, was sworn in by the Mayor; she has been to all the Council Meetings and the neighborhood meeting regarding this matter; she was not aware that a two-story home had been planned, she tentatively approves the developer's plans but has concerns about the traffic CITY COUNCIL MINUTES August 28, 1995 Page -3- Gary Herrera, 8501 West 38th Avenue, asked that the developer's plans be approved Motion by Mr Edwards that Case No MS-95-1, a request for approval of a 4-lot subdivision for 8501 West 38th Avenue be approved for the following reason 1 The neighborhood supports the revised design With the following conditions 1 A note be added limiting house construction to a one-story design with the exception that Lot 1 can have a "walk-out" 2 A note be added that the houses be architecturally compatible with the neighborhood 3 A note be added restricting access from Lot 1 to Cody Street; seconded by Mrs Fields Mrs Dalbec asked for a friendly amendment to add condition 4 That Lots 3 and 4 be limited to 30% building coverage Mr Edwards changed Condition 3 to restrict access from Lot 1 to West 38th Avenue, he also accepted Mrs Dalbec's friendly amendment; second also accepted Motion carried 5-3 with Councilmembers Solano, Eafanti, and Siler voting no Mr Solano doesn't think we, as a Council, should pick and choose what zoning requirements we are going to make someone adhere to, the zoning code is pretty specific as to what it requires Mr Siler feels we are putting limitations on every person that comes before this Council Motion by Mr Edwards that the request for lot size variances for Lots 3 and 4 of the proposed Cody Subdivision be approved for the following reason 1 Circumstances could be considered unique since the revised submittal is a negotiated land use contract between the developer and the neighborhood, Lots 3 and 4 have a maximum 30% building coverage for each lot; seconded by Mrs Worth, carried 6-2 with Mr Siler and Mr Solano voting no Item 3. Public Hearing on Annexation Petitions to consider adopting 2 Resolutions and 2 Council Bills on second reading, which, if adopted, would result in annexation of a 50-acre parcel of land located at approximately 13500 West 44th Avenue Mayor Wilde explained that the annexation procedure and proposal, the Resolutions and Ordinances connected with it, would all be addressed at the same time Staff would give their respective reports, then the developers would give their report and then public input would be taken He asked that the meeting be conducted in an orderly manner The following City staff presented the staff reports City Attorney, Gerald Dahl, City Administrator, Robert Middaugh, Director of Planning, Glen Gidley; Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel, Economic Development Coordinator, Steven Schmitz. CITY COUNCIL MINUTES August 28, 1995 Page -4- Motion by Mr Edwards to change the Rules of Order and Procedure and let the public speak before the developers' presentation, seconded by Mrs Worth carried 5-3 with Councilmembers Solano, Behm, and Eafanti voting no City Attorney Dahl stated that in order to overturn the Rules a 3/4 majority vote would be necessary Motion by Mr Edwards as a member of the prevailing side, the procedure be changed to allow the public hearing prior to the developers' presentation, seconded by Mrs Worth, carried 6-2 with Mrs Behm and Mr Eafanti voting no The following speakers were called by the Mayor' John Jerman, 11694 West 37th Avenue, Wheat Ridge (opposed) Connie Patterson, 14400 West 45th Drive, Golden mailing address, but actually in unincorporated Jefferson County (opposed) Ed Patterson, 14400 West 45th Drive, Golden (opposed) Lloyd Claycomb, represents a group that goes to church at the Cornerstone Fellowship Church, which is less than 1 mile from this project at 1-70 and Youngfield, his home address is 6 Falcon Hills, Highlands Ranch (in favor) Gary Wolfe, 5200 Eldridge, Golden, (unincorporated Jeffco) (opposed) Barbara Steinbach, 14445 West 46th Drive, unincorporated Jeffco (opposed) Rich Blumenthal, 4445 Eldridge (opposed) Connie Wolfe, 5200 Eldridge (opposed) Lowell Dunlap, 4435 Gladiola (opposed) Doris Ibbison, 3315 Marshall Street, Wheat Ridge (in favor) Mike Papanonakis, 13536 West 68th Avenue, Arvada (in favor) John Mai, 10250 West 80th Avenue, Arvada (in favor) Diane Twining, 5362 Howell Street, unincorporated Jeffco (opposed) Elwyn Kiplinger, 3905 Independence Court, Wheat Ridge (in favor) Kevin Slack, 13700 West 51 st Place, Fairmount (in favor) Phyllis Pettyjohn, 14555 West 44th Drive, unincorporated Jeffco (opposed) Linda Sherman, 5108 Fig Street, unincorporated Jeffco (opposed) Donna Arndt, 4820 Howell Street, Fairmount (opposed) Gene Dowell, 5106 Ellis Street, unincorporated Jeffco (opposed) Louise Turner, 11256 West 38th Avenue, Wheat Ridge (opposed), also read a letter from Karen Heine (opposed) Barbara Gold, 14266 West 46th Avenue, unincorporated Jeffco (opposed), also presented petitions with over 300 signatures from her neighbors in opposition to this development Richard Medina, 14266 West 46th Avenue, unincorporated Jeffco (opposed) CITY COUNCIL MINUTES August 28, 1995 Page -5- Mike Glanert, 14205 West 45th Drive, unincorporated Jeffco (opposed) Peggy Hunnicutt, 5400 Mcintyre, Fairmount (opposed) Janelle Shaver, 8890 West 35th Avenue, Wheat Ridge (opposed) Curt Anderson, 4330 Vivian Street, Wheat Ridge (opposed) Ron Patera, 4125 Pierce Street, Wheat Ridge (opposed), also read letter from Wheat Ridge United Neighborhood (opposed) Paul Ritchlin, 4645 Eldridge Street, unincorporated Jeffco (opposed) Debra Sauer, 5120 Eldridge Street, unincorporated Jeffco (opposed) The six people speaking in favor of the annexation made the following comments This project makes good fiscal sense, there has not been a quality development in this City for 10 years, developers have high quality housing, we are morally obligated to provide people a place to live, these people will support our local businesses, please vote your conscience not the conscience of the audience, growth in this area will continue whether or not Wheat Ridge annexes this property; if we annex it, at least we will have a say-so in the development; consider alternate type of housing in Wheat Ridge besides single family residences, change is inevitable, apartments are better than a shopping center; people will go on the highway and leave the area to go to work and go shopping The twenty-five people speaking or writing in opposition to the annexation made the following comments project would be a serious liability to the City; cost impact on schools, police, streets, traffic, recreation, drainage and Special Districts will far outstrip the projected benefits as seen by the developers, urged Council to vote no on this annexation, traffic is already very bad in that area, frustrated with Planning Commission hearing on this matter; density is too high, most people in this area have between one/third and one acre, listen to the concerns of the citizens even if they don't live in Wheat Ridge, schools are overcrowded now; we need Open Space not apartments, if this is such a great deal, why isn't the County jumping at the change to have this developed, density could possibly go even higher than now proposed, we need buffer zones between towns in Jefferson County; people who will live in this high quality development will drive their own cars and not ride RTD, put a Rest Stop on this spot or ball fields and other recreational activities, or the much sought after 9- hole golf course, questions about the ability to provide adequate fire protection, this used to be a dump and it is possible that there are hazardous materials on this site Applicants presented their case, they feel this is an ideal site for their proposed development; excellent access to transportation, many people have expressed an interest in living there, such as empty nesters and people from the neighborhood who don't want to move from there, young people who look for a different place to live They gathered well over 600 signatures in favor of this development. CITY COUNCIL MINUTES August 28, 1995 Page -6- Esther Kettering, representing the owner of the property, Golden Equity, Inc , gave brief overview on the history of the property They requested that Council favorably consider Carmel Properties proposal Ron Zeff with Carmel Companies gave history of his Company and showed video Motion by Mr Edwards for denial of Resolution 1484, seconded by Mrs Worth Mr Siler will vote against this motion because he would like to see Carmel go out and work with the neighbors and see if they can't come up with some equitable agreement for this piece of property Motion failed 4-4 with Councilmembers Dalbec, Fields, Worth, and Edwards voting yes Mayor Wilde broke the tie by voting no Motion failed 5-4 Motion by Mr Siler to postpone the vote on this and direct Carmel Company to go out and work with the residents of the area around there in Wheat Ridge on 44th & Youngfield and the residents of unincorporated Jefferson County to see if they can't come up with some type of resolution to this that might be acceptable to all parties and bring it back before Council, seconded by Mr Solano, carried 5-3 with Councilmembers Dalbec, Fields, and Edwards voting no Motion by Mr Edwards that an Ordinance be drafted regarding impact fees, seconded by Mr Solano, carried 8-0 ORDINANCES ON FIRST READING Item 4. 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 first reading by Mrs Behm, title read by the Clerk. Motion by Mrs Behm that Council Bill 25 be approved on first reading, ordered published, public hearing be set for Monday, September 25, 1995 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by , carried 7-0 CITY COUNCIL MINUTES August 28, 1995 Page -7- DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Contract Award for Police Department Addition and Remodel (RFB #95-20) Bill Messner, CEO for Alley Construction, was present; gave background on his and his company's background and experience and asked that his company be awarded the contract. He assured Council that his company would do a superb job for them, considering the budget constraints they were under Bud Starker, President and sole stockholder for Starker & Company, was present; gave background on his and his company's experience in building projects and asked that his company be awarded the contract. Motion by Mr Siler that the contract for the Wheat Ridge Police Addition and renovation be awarded to Starker & Company in the amount of their bid of $1,175,500 That a contingency account in the amount of $50,000 00 be established That the City Administrator be authorized to issue change orders up to the total contract and contingency amount and that the total cost of this project of $1,225,50000 be charged to Account Number 60-201-811 I further move 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 Edwards Mrs Behm will vote against this, although she can understand that we want to give the contract to a Wheat Ridge business person, because the architect has recommended Alley Construction. Motion carried 6-2 with Mr Solano and Mrs Behm voting no Item 6. Bid Award for 1995 Miscellaneous Street Program, West 38th Avenue and Sheridan Blvd (RFB #95-22) Motion by Mr Solano that the West 38th Avenue and Sheridan Boulevard reconstruction project (RFB #95-22), be awarded to New Design Construction in the amount of their bid of $154,666 10 That a 2% early completion incentive bonus in the amount of $3,094 00 be established That a contingency account in the amount of $23,200 00 be established. 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 $180,960 10 be charged to Account Number 30-303-851 I further move, in order to budget sufficient funds for the entire project, that $600,00 00 be transferred from the Capital Improvement Fund, Fund Balance, to the Capital Improvement Fund Account 30-303-851, Miscellaneous Streets I further move 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 I further move that this bid not be awarded until we have possession of the property; seconded by Mr Siler Mr Edwards will abstain from voting because he is employed by King Soopers Motion carried 5-2 with Mrs Dalbec and Mrs Worth voting no, Mr Edwards abstaining CITY COUNCIL MINUTES August 28, 1995 Page -8- Item 7. Street light installation policy change Motion by Mrs Worth that the City's current street light policy providing for the City contributions of up to $500 per installation be rescinded, and I further move that $5,000 be transferred from the Capital Fund fund balance into Account No 30-303-800-864, Street Lights, to coverall increased costs associated with streetlight installations, seconded by Mr Edwards, carried 8-0 Item 8. G@[fJ@~JJ~ ~~':IIYri]0J A. Resolution 1484 amending the 1995 Annual Budget, authorizing additional funds for payment of the Special Improvement District 1987-1 Bonds B Additional design fees for Prospect Park expansion C Purchase of Traffic Signal Equipment. Motion by Mr Siler for the approval of the Consent Agenda, seconded by Mr Edwards, carried 8-0 CITY ATTORNEY'S MATTERS Gerald Dahl informed Council that they had an opportunity to reconsider one aspect of their motion 8501 West 38th Avenue either tonight or at a subsequent meeting ELECTED OFFICIALS MATTERS Motion by Mr Solano to mow the median on Harlan Street even though this is not in Wheat Ridge, and also the divider on Wadsworth by Johnson Park; seconded by Mrs Worth, carried 7-1 with Mrs Behm voting no Motion by Mrs Worth to adjourn, seconded by Mr Edwards, carried 7-1 with Mr Solano voting no Meeting adjourned at 4 05 a.m ,-~), f)'/ V'"'" ....."!; __(.L.... ~ __.../\ " i'L Wanda Sang, City Clerl<! APPROVED BY CITY COUNCIL ON SEPTEMBER 25, 1995 BY A VOTE OF ~ TO ~ G?~~~ Rae Je Behm, Council PreSident