HomeMy WebLinkAbout04/22/1996
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W 29th Avenue, Municipal Building
APRIL 22. 1996
The Regular City Council was called to order by Mayor
Wilde at 7'00 pm Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean
Fields, Janelle Shaver, 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 Parks & Recreation, Gary Wardle, Director of Planning,
Glen Gidley; Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel, staff; and
interested citizens
APPROVAL OF MINUTES of April 8,1996
Motion by Mr Eafanti for the approval of the Minutes of April 8, 1996, seconded by Mrs
Fields, carried 8-0
PROCLAMATIONS AND CEREMONIES
Mayor Wilde and City Council acknowledged City Attorney, Gerald Dahl, for running in the
Boston Marathon
Mayor Wilde read Proclamation for Victim's Right's Week and presented it to Jessica Stern
from Victims Outreach He also read Proclamations for Arbor Day and Earth Day He
thanked City Arborist, Bill Cassel, for his efforts through the years in obtaining the Tree City
USA award for Wheat Ridge
CITIZENS' RIGHTS TO SPEAK
Irving Roach, 4411 Balsam Street, asked that 44th Avenue from Wadsworth to Kipling be re-
striped to three lanes
E'Rena Hockenberry, 6527 West 34th Avenue, asked that the City donate up to $2,500
toward the purchase of a new piano for the Community Center; close to $1,500 has already
been verbally committed from other sources Mr Siler asked that this be brought back to the
next Council meeting and that staff put together a proposal for up to $4,500 less donations
CITY COUNCIL MINUTES
April 22, 1996
Page -2-
Motion by Mr Eafanti to add an Item 10 A. Fireworks for the Carnation Festival, seconded
by Mr DiTullio, carried 8-0
Motion by Mrs Fields to add Item 1 F Celebration for Memorial Day at City Hall, seconded
by Mrs. Dalbec; carried 8-0
Ken Bowser, 4504 Everett Drive, complained about conditions on land he gave to Open
Space, that was subsequently given to the City of Wheat Ridge, broken branches, brush, fire
danger, etc. Mr Wardle explained that there is a problem with right of entry over another
property; as soon as that problem is resolved, the property will be cleaned up Mr Siler
asked that staff get with Mr Bowser to correct this problem and report back to Council at a
Study Session
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
1996 Local Streets Program
A. Garrison Street, 32nd Ave to 35th Ave
Public Hearing was opened by the Mayor; Bob Goebel was sworn in and presented the staff
report.
Carl Todd, 3400 Garrison Street, has concerns about drainage and an oil slick on the lake
Bob Eckhardt, 7400 West 34th Avenue, is happy to see the proposal to widen the sidewalk
in front of his house to meet ADA specifications
Anne Brinkman, 7420 West 34th Avenue, asked when the work will begin, how long will it
take, wants a double-wide driveway curve Mr Goebel replied work should begin late
summer; should take two to three weeks, driveway will be opened up to width of current
driveway
Motion by Mrs Dalbec that the Public Works Department address the issue of drainage into
this lake and the oilslick and that, in accordance with Section 5.20 of the City Charter, the
official street width designation of Garrison Street between West 32nd Avenue and West
35th Avenue be established as 21 feet measured from pavement edge to pavement edge,
seconded by Mr Solano, carried 7-1 with Mr Siler voting no
Mrs Worth asked that Code Enforcement look into who is polluting the water and that staff
work with Mr Todd to find solutions to the problems he addressed.
CITY COUNCIL MINUTES
April 22, 1996
Page -3-
B West 34th Avenue, between Teller St. and Webster St.
Motion by Mr DiTullio that, in accordance with Section 5.20 of the City Charter, the official
street width designation of West 34th Avenue between Teller Street and Webster Street be
established as 34 feet measured from flow line to flow line, seconded by Mr Solano, carried
8-0
C West 43rd Avenue, between Kendall St. and Jay St. and Jay St. between
W 43rd Avenue and 44th Avenue
Motion by Mrs Shaver that, in accordance with Section 5.20 of the City Charter, the official
street width designation of West 43rd Avenue between Kendall Street and Jay Street and
Jay Street between West 43rd Avenue and West 44th Avenue be established as 34 feet
measured from flow line to flow line, seconded by Mr DiTullio, carried 8-0
D Harlan Street, 28th Avenue North to end.
Motion by Mrs. Fields that, in accordance with Section 5.20 of the City Charter, the official
street width designation of Harlan Street from West 28th Avenue north to end be established
as 34 feet measured from flow line to flow line, seconded by Mrs Shaver; carried 8-0
E Upham Street North to West 26th Place and West 26th Place, Cui de
Sac to Cui de Sac.
Motion by Mrs Fields that, in accordance with Section 5.20 of the City Charter, the official
street width designation of Upham Street from West 26th Avenue north to west 26th Place
and West 26th Place, Cui de Sac to Cui de Sac be established as 34 feet measured from
flow line to flow line, seconded by Mrs. Dalbec; carried 8-0
F Memorial Day Celebration
Motion by Mrs Fields that we institute an annual Memorial Day celebration and reception at
City Hall with the cooperation and participation of the Wheat Ridge Chapter of the Disabled
American Veterans. I further move that a memorial plaque honoring Wheat Ridge veterans
be placed in City Hall or on the grounds surrounding the Municipal Building or that a site be
selected to put some type of memorial, this celebration is to take place on Friday, May 24,
seconded by Mr Eafanti; carried 8-0
CITY COUNCIL MINUTES
April 22, 1996
Page -4-
Item 2.
Council Bill 13 - An Ordinance amending Article VII of Chapter 11 of the Wheat
Ridge Code of Laws, concerning Pawnbrokers
Council Bill 13 was introduced on second reading by Mr Solano, title read by the Clerk;
Ordinance No 1023 assigned
Commander, Joe Cassa, was sworn in by the Mayor and answered questions.
Motion by Mr Solano that retail sales to customers not be subject to fingerprinting, seconded
by Mrs Shaver; failed 4-4 with Councilmembers Eafanti, Dalbec, Solano, and Shaver voting
yes Mayor Wilde broke the tie by voting no Motion failed.
Motion by Mr Solano for approval of Council Bill 13, Ordinance 1023, seconded by Mr
DiTullio, carried 7-1 with Mrs Dalbec voting no
Item 3.
Council Bill 14 - An Ordinance amending the Code of Laws of the City of
Wheat Ridge relating to weed control
Council Bill 14 was introduced on second reading by Mr DiTullio, title read by the Clerk;
Ordinance No 1024 assigned
Susan Ellis, Code Enforcement Officer, was sworn in by the Mayor
Motion by Mr DiTullio for adoption of Council Bill 14, Ordinance 1024, seconded by Mr
Solano, carried 8-0
ORDINANCES ON FIRST READING
Item 4.
Council 15 - An Ordinance providing for the approval of a Special Use Permit to
allow an indoor amusement facility in a Restricted-Commercial Zone District on
land located at 6090 West 44th Avenue, City of Wheat Ridge, County of
Jefferson, State of Colorado
(Case No SUP-96-1) (Dave Sommer for Cal Alta Management)
Council Bill 15 was introduced on first reading by Mr Siler; title read by the Clerk.
Motion by Mr Siler that Council Bill 15 be approved on first reading, ordered published,
public hearing be set for Monday, June 10, 1996 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 Mr DiTullio, carried 8-0
CITY COUNCIL MINUTES
April 22, 1996
Page -5-
Item 5.
Council Bill 16 - An Ordinance establishing a procedure for City-Initiated
Rezoning.
Council Bill 16 was introduced on first reading by Mr DiTullio, title read by the Clerk.
Motion by Mr DiTullio that Council Bill 16 be approved on first reading, ordered published,
public hearing be set for Monday, May 13, 1996 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 Mrs Fields
Councilmembers had concerns and questions with some of the language in the Ordinance
City Attorney will bring in various amendments to be discussed at the public hearing
Mr DiTullio withdrew his motion, after the discussion he will make two motions
Motion by Mr DiTullio that Council Bill 16 be approved on first reading, ordered published,
public hearing be set for Monday, May 13,1996 at 7'00 p m in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication I further move that Council Bill 16 be brought in to the next available study
session prior to the public hearing, seconded by Mrs Dalbec; carried 8-0
Item 6.
Council Bill 17 - An Ordinance concerning required insurance for contractors
and operators
Council Bill 17 was introduced on first reading by M r Siler; title read by the Clerk.
Motion by Mr Siler that Council Bill 17 be approved on first reading, ordered published,
public hearing be set for Monday, May 13, 1996 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 Mr Eafanti, carried 8-0
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 7.
Remaining Breakfast Queen expenses.
Motion by Mrs Worth that the expenses for the Breakfast Queen Project be approved in the
amount of $24,303 80 to be expended to various vendors with all costs charged to Acct. No
30-303-851 I further move that $25,000 be transferred from Capital Improvements Fund
Balance to Acct. No 30-303-851 That the funds be encumbered for the length of the
project, which expressly allows the expenditure of funds in 1997 for this project in
accordance with Ordinance #787, 1989 Series, seconded by Mrs Fields
CITY COUNCIL MINUTES
April 22, 1996
Page -6-
Motion by Mr DiTullio to delete 4) Incentive payment due, if the Breakfast Queen relocates
within the City of Wheat Ridge $10,00000; seconded by Mrs Dalbec; carried 6-2 with
Councilmembers Solano and Worth voting no
Original Motion as amended carried 7-1 with Mr Solano voting no
Item 8.
Consider Council Rule change, Section 7.2
Motion by Mrs Fields that Council Rule 7.2 be amended to read
Membership and Selection Membership shall be as provided for by Charter, Code of Laws
or Resolutions Selection will be upon the recommendation of the the Council City Affairs
Committee or by a Council member at a regular City Council business meeting
Recommendations will be ratified by a majority vote of Councilmembers present. The Mayor
may also appoint from time to time special or select committees upon notification of all
Councilmembers regarding names of appointees and the purpose of the committee,
seconded by Mr DiTullio, carried 6-2 with Mr Siler and Mr Solano voting no
Item 9.
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A.
Software maintenance for 1996 for the Police Department.
B 1996 Concrete Rehabilitation Program, Phase II,(RFB #96-18)
C Acceptance of Right of Way, 4800 Van Gordon
D Right of Way Acquisition, 4105 Wadsworth Blvd (Scott Richter)
E. City Participation on Tabor Street.
F Resolution 1532 - Resolution authorizing the Mayor and City Clerk to
sign the request for reimbursement and certification of the use of funds
for restoration of the Wheat Ridge First Post Office
Mrs Dalbec asked to remove Items B D and E
Motion by Mr Solano to approve Items 9 A. C and F , seconded by Mr DiTullio,
carried 8-0
CITY COUNCIL MINUTES
April 22, 1996
Page -7-
9. B. Motion by Mrs Dalbec that the 1996 Concrete Rehabilitation Program, Phase II, (RFB
#96-18) - including Hoyt Street and Hoyt Court - be awarded to K.E.C I , Inc. in the amount
of their bid of $368,449 I further move that 2% incentive bonus in the amount of $7,369 be
established That a contingency account in the amount of $51,828 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 $427,646 be charged to the
Capital Improvement Fund Acct. No 30-303-884 That the funds be encumbered for the
length of the project which expressly allows the expenditure of funds in 1997 for this project
in accordance with Ordinance #787, 1989 Series, seconded by Mr Solano, carried 8-0
9 D Motion by Mrs. Dalbec that the City accept the property described in the attached
Warranty Deed for right of way purposes, that the negotiated sum of $2,000 be paid to the
property owner, Scott Richter, and that funds for this purchase be allocated from Capital
Improvements Fund Account 30-303-841, School Sidewalks, seconded by Mr Eafanti,
carried 8-0
9 E Motion by Mrs Dalbec to delay this Item until more information can be obtained,
seconded by Mrs. Worth, carried 5-3 with Councilmembers Siler, Solano, and DiTullio voting
no
Item 10.
Approval of Expenditure Items
Motion by Mrs Worth that the attached purchases be approved in the amounts indicated and
that all costs be charged to the account shown on the purchase order report; seconded by
Mr Solano, carried 8-0
Item 10. A. Fireworks for Carnation Festival
Motion by Mr Eafanti for appropriation of $2,500 toward the $5,000 cost of fireworks for the
Carnation Festival, these funds are to come out of the General Fund, seconded by Mr Siler;
carried 7-1 with Mrs Worth voting no Mrs. Worth received complaints from the residents in
her District because of the loud bangs, it works like a megaphone in that park.
CITY ADMINISTRATOR'S MATTERS
Bob Middaugh asked Council consensus to approve a miscellaneous drainage project;
consensus was 7 in favor
He asked Council consensus to fast track proceedings for a company to relocate into Wheat
Ridge, consensus was 8 in favor
CITY COUNCIL MINUTES
April 22, 1996
Page -8-
ELECTED OFFICIALS MATTERS
Motion by Mr Eafanti to suspend the Rules and go past 11'00 pm, seconded by Mrs.
Dalbec, carried 6-2 with Mr Solano and Mr DiTullio voting no
Jerry DiTullio complained about the coverage Wheat Ridge is getting in the Wheat Ridge
Transcript. Consensus was 8 in favor that Mr Middaugh send a letter to the Transcript.
Janelle Shaver moved that staff more aggressively pursue the area west of Wheat Ridge,
not necessarily for annexation, but to determine how to create a buffer zone, there are good
pieces of ground that we would like to see used for athletic things and things of that nature,
seconded by Mrs Dalbec, carried 7-1 with Mr DiTullio voting no
Motion by Mrs. Shaver that Gary and his staff start nailing down some site locations for an
indoor pool and funding possibilities that do not include going to the ballot; just start moving
on that; seconded by Mrs Dalbec, carried 6-2 with Mr Solano and Mr DiTullio voting no
Claudia Worth asked when the Comprehensive Plan Committee would start meeting, she
wants them to get started no later than the first week in May
Jean Fields asked for consensus to request staff to review and recommend changes to
Section 26-30 of the Wheat Ridge Code of Laws with regards to height and location of
fencing that is not solid, such as wrought iron, chain link, ornamental, or any other type of
see-through fencing Recommendations should include height and sight triangle changes
which allow these types of fences to be higher Consensus was 6 in favor
Ken Siler gave update on proposed sound barriers
Teri Dalbec questioned Mr Wardle why the asphalt trail could not be constructed until next
year Mr Wardle replied that we would do design work for the remainder of this summer, by
the time everything would be completed the asphalt plants would be closing for the winter
and they won't open until May of next year Mrs Dalbec does not want construction to take
place during the nesting season.
CITY COUNCIL MINUTES
April 22, 1996
Page -9-
Motion by Mr DiTullio to adjourn, seconded by Mr Solano, failed 3-5 with Councilmembers
Fields, DiTullio, and Solano voting yes.
Mrs. Dalbec questioned the rule of more than 2 Councilmembers meeting, is the Mayor part
of this? City Attorney stated this is a Council Rule and the Mayor is not counted as a
member of Council This is not a violation of the Sunshine Law, if the Mayor and 2
Councilmembers meet.
Don Eafanti wants to see nicer signs for the entrance to the City
Motion by Mr Eafanti to adjourn, seconded by Mr Siler; carried 7-1 with Mr Solano voting
no
Meeting adjourned at 11 45 P m
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Wanda Sang, City Clerk
APPROVED BY CITY COUNCIL ON MAY 13, 1996 BY A VOTE OF 8 TO 0
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Clau,dia Worth, Council President.