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Home My WebLink About12/11/1989 CITY COUNCIL MINUTES " CITY OF WHEAT RIDGE, COLORADO December 11, 1989 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Elise Brougham, Kent Davis, Don Eafanti, Phil Edwards, Tony FIasco, Larry Merkl, Ron Selstad, and Bill Shanley Also present City Clerk, Wanda Sang, City Administrator, Mike Smith, City Attorney, John Hayes, Public Works Director, Bob Goebel, Director of Planning & Development, Glen Gidley, Chief of Police, Jack Hurst, staff, and interested citizens APPROVAL OF MINUTES of November 27, 1989 Motion by Mr Davis for the approval of the Minutes of November 27, 1989, seconded by Mr Edwards, carried 7-0 with Mr Flasco abstaining Motion by Mr Davis to put Item 16 as Item 7, seconded by Mr Merkl, carried 8-0 CITIZENS' RIGHTS TO SPEAK Claudia Worth, 4650 Oak Street, representing the Wheat Ridge Historical Society, read a letter into the record asking that the one-story brick building at 7150-52 W 38th Avenue be preserved rather than demolished Motion by Mr Selstad that this be put on the March Study Session, seconded by Mr Eafanti, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 32 - An Ordinance amending Section 24 Excavation and Deposit Control of Appendix A Zoning Ordinance, of the Code of Laws of the City of Wheat Ridge Council Bill 32 was introduced by Mr Davis, title read by the Clerk, Ordinance No 813 assigned Mr Gidley presented the Ordinance and answered Council's questions Louise Turner, 11256 W 38th Avenue, representing Wheat Ridge United Neighborhoods, was sworn in by the Mayor She read a letter into the record recommending various changes to C E 32 Motion by Mr Davis for the adoption of Council Bill 32 (Ordinance 813), seconded by Mr Merkl Motion by Mr Selstad for an amendment to change "50,000 Cubic Yards" to "20,000 Cubic Yards", seconded by Mrs Brougham, carried 5-3 with Councilmembers Edwards, Merkl, and Flasco voting No CITY COUNCIL MINUTES December 11, 1989 Page -2- Motion by Mr Selstad for an amendment to change Section 24 A under adverse impacts after "soil erosion", add "the change of ground elevation in respect to adjacent properties", seconded by Mrs Brougham, failed 4-4 with Councilmembers Brougham, Eafanti, Shanley, and Selstad voting yes Motion by Mrs Brougham that on Page 2, Section 3 add "b. In no event shall single property receive accumulative permits which approve more than 20,000 cubic yards in any consecutive 12 months except as provided in subpart e", seconded by Mr Edwards, carried 6-2 with Mr Davis and Mr Merkl voting No Vote on original motion carried 8-0 Item 2 Council Bill 33 - An Ordinance amending Section 25 Nonconforming Lots, Uses and Structures, of Appendix A Zoning Ordinance, of the Code of Laws of the City of wheat Ridge Council Bill 33 was introduced by Mr Merkl on second reading, title read by the Clerk, Ordinance No 814 assigned Mr Gidley presented the Council Bill and answered Council's questions Dorothy Thompson, 3014 Chase Street, representing Wheat Ridge United Neighborhoods, was sworn in by the Mayor and read a letter into the record requesting amendments to the Council Bill Motion by Mr published and Ordinance No. Merkl for the adoption of Ordinance 814 and order it to add under page 2, B "as of the date of adoption of 324, seconded by Mr FIasco, carrieD 8-0 Item 3 Council Bill 35 - An Ordinance providing for the approval of a Special Use Permit to allow a Nursing Home in the Residential-Three Zone District on land locateo at 6270 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-89-9) (6270 Inc ) Council Bill 35 was introduced on second reading by Mr Merkl, title read by the Clerk, Ordinance No 815 assigned Mr Gidley presented the Case and answered Council's questions John O'Dorisio, Jr , legal counsel for applicant, was sworn in by the Mayor Motion by Mr Merkl that Ordinance No 815, a request for approval of a Special Use Permit to allow a nursing home in an R-3 zone district for property located at 6270 W 38th Avenue be approved for the following reasons 1 City Council has jurisdiction to hear this case, 2 The criteria used to analyze a Special Use Permit support approval of this request, and, 3 Staff and Planning Commission recommend approval CITY COUNCIL MINUTES December 11, 1989 Page -3- With the following condition A site plan for development shall be approved by Planning Commission and City Council prior to future expansion or redevelopment, seconded by Mr Davis, carried 8-0 Item 4 Council Bill 36 - An Ordinance granting a franchise by the City of Wheat Ridge to Public Service Company of Colorado Council Bill 36 was introduced on second reading by Mr Selstad, title read by the Clerk, Ordinance No 816 assigned Mr Hayes gave update of the study committee appointed by the Mayor Thomas R O'Donnell, 550 15th Street, Denver, attorney for Public Service, was sworn in by the Mayor, he made comments and answered questions Thomas Wickell, 5460 W 60th Avenue, marketing customer service manager of Public Service Company, was sworn in by the Mayor and answered questions Don Lancaster, 4076 Everett, was sworn in by the Mayor He congratu- lated everybody on doing an excellent job who had worked on this franchise agreement Motion by Mr Selstad for the adoption of Ordinance 816 and that it take effect after approval by the voters of the City at a special election, seconded by Mr Merkl, carried 8-0 Item 5 Council Bill 37 - An Ordinance repealing and reenacting Section 21-21 and Section 21-23 of Chapter 21, Article II of the Code of the City of Wheat Ridge, Colorado, pertaining to Taxation of Telephone Exchanges Council Bill 37 was introduced on second reading by Mr Eafanti, title read by the Clerk, Ordinance No 817 assigned Motion by Mr Eafanti for the adoption of Ordinance 817, seconded by Mr Merkl, carried 8-0 ORDINANCES ON FIRST READING Item 6 Council Bill 38 - An Ordinance providing for the approval of Rezoning from Restricted-Commercial to Commercial-One on land located at 10601 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-89-8) (Lauren E and J Elaine Aldrich) Council Bill 38 was introduced by Mr Davis on first reading, title read by Clerk Motion by Mr Davis that Council Bill 38 be approved on first reading, ordered published, public hearing be set for Monday, January 22, 1990 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication; seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES December 11, 1989 Page -4- I tern 16 Reappoint of Municipal Judges Motion by Mr Merkl for the reappointment of Randy Davis as the Chief Judge and Charles Rose as the Deputy Judge, seconded by Mrs Brougham, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 7 A Resolution 1176 - amending the City of Wheat Annual Budget for the fiscal year 1989 B Resolution 1177 - appropriating additional sums of money in excess of amounts budgeted for the City of Wheat Ridge, Colorado, for fiscal year 1989 Motion by Mr Merkl that Resolution 1176, amending the City of Wheat Ridge 1989 Annual Budget, and Resolution 1177, appropriating funds for expenditure, be approved as submitted, seconded by Mr Selstad, carried 8-0 Item 8 Resolution 1178 - levying general property taxes for the year 1989, to help defray the costs of government for the City of Wheat Ride, Colorado, for the 1990 budget year Resolution 1178 was introduced Mrs Brougham, title read by the Clerk Motion by Mrs Brougham for the adoption of Resolution 1178, seconded by Mr Edwards, carried 8-0 Item 9 Resolution 1179 - adopting the City budget and appropriating sums of money to the various funds and spending agencies in the amounts specified, for the City of Wheat Ridge, Colorado, 1990 Budget year Resolution 1179 was introduced by Mr Edwards, title read by the Clerk Motion by Mr Edwards for the adoption of Resolution 1179, seconded by Mr Selstad Mayor Wilde stated that the budget had been discussed at 4 Study Sessions and therefore chair called for the question, failed 2-6 with Mr Selstad and Mr Shanley voting yes Motion by Mr Edwards for the adoption of Resolution 1179 with the condition that the Public works reorganization be left out, seconded by Mr Flasco Motion by Mr Selstad to amend that the Public works reclassification be considered in more detail along with the City Administrator at the February Study Session, seconded by Mr Eafanti, failed 2-6 with Mrs Brougham and Mr Selstad voting yes CITY COUNCIL MINUTES December 11, 1989 Page -5- Councilmembers Flasco, Davis and Edwards voted No on the amendment because they feel all positions should be looked at not only the Public Works Department and City Administrator Mr Merkl voted against the amendment because health insurance had not been taken into consideration Original motion carried 6-2 with Mrs Brougham and Mr Selstad voting No Item 10 Bid Award for 1990 Janitorial Services Motion by Mr Davis that the contract for the 1990 Janitorial Services be awarded to Homework Enterprises in the amount of their base monthly bid of $2,675/month or $32,100/year with all costs to be charged to the various contractual service 704 accounts, seconded uy Mr Flasco, carried 8-0 Item 11 Bid Award for 1990 Traffic Maintenance Material Motion by Mr Merkl that we accept all bids as recommended and direct the Public Works Department to purchase the 1990 Traffic Maintenance Materials at the lowest cost to the City based on availability, order quantity, and delivery schedule at the time of purchase and that all costs for these materials be charged to Acct No 01-304-660, seconded by Mr Flasco, carried 7-1 with Mr Davis voting No I t em 12 Bid Award for 1990 Street Maintenance Material Motion by Mr Edwards that we accept all bids as submitted and direct the Public Works Department to purchase the Street Maintenance Materials at the lowest cost to the City based on the haul cost and availability of the materials at the time of purchase and that all costs for these materials be charged to Acct No 01-303-660, seconded by Mr Flasco, carried 7-1 with Mr Davis voting No I tern 13 Contract for 1990 Trash Removal Services Motion by Mrs Brougham that the contract for 1990 Trash Removal Services be awarded to Laidlaw waste Systems, Inc for their total bid of $4,193 76 per year for annual services and $1,053 estimated for seasonal services All costs are to be charged to the various approved budget accounts for utilities by the affected departments, seconded by Mr Davis Mr Flasco will vote against this because we did not go out for bid and that there are less expensive companies available Mrs Brougham withdrew her motion Motion that the Purchasing Agent go out for bid for 19YO Trash Removal Services, seconded by Mr Davis, carried 8-0 CITY COUNCIL MINUTES December 11, 1989 Page -6- Item 14 Motion re undergrounding of 38th Avenue utilities Motion by Mr. Selstad that the Mayor be authorized to send a letter to Public Service Company, U S West Communications, and Wheat Ridge Cable TV stating our commitment to underground all overhead utilities on 38th Avenue, Wadsworth to Pierce, by July of 1990, seconded by Mr Merkl, carried 8-0 Item 15 Motion by Mr Flasco to appoint Phil Edwards to the Jefferson County Corrections Board, seconded by Mr Eafanti, carried 8-0 CITY ADMINISTRATOR MATTERS Mike Smith stated that we had no items for the December 19, 1989 meeting Motion by Mr Merkl to cancel the December 19, 1989 meeting, seconded by Mr Flasco, carried 7-1 with Mr Davis voting No He passed out a memo titled "Suggestions for our effictiveness" CITY ATTORNEY'S MATTERS John Hayes stated that he had prepared a Resolution during the break setting a Special Election for the Public Service Franchise Mr Merkl introduced Resolution 1180 - A Resolution setting a Special Election for approval of a Franchise Agreement between the City of Wheat Ridge and Public Service Company for February 13, 1990 and asked the Clerk to read it in its entirety Motion by Mr Merkl for adoption of Resolution 1180 with the change that in all the places where it says "Public Utility Company of Colorado" to change it to "Public Service Company of Colorado", seconded by Mr Shanley, carried 8-0 Motion by Mr Shanley to reappoint John Hayes as City Attorney, seconded by Mr Eafanti, carried 7-1 with Mr Flasco voting No Motion by lvir seconded by Mr voting No FIasco to suspend the Rules and go past 11 00 pm, Edwards, carried 6-2 with lvir Davis and Mr Shanley John Hayes asked if Council wished to appoint a task force to check the Council Districts regarding population CITY COUNCIL MINUTES December 11, 1989 Page -7- ELECTED OFFICIALS' MATTERS Tony FIasco asked that the City apply for DRCOG awards, i e the ESTIP program, also asked that we possibly apply for "All American City" to NLC He gave update on NLC zip code discussions He asked for Council consensus authorize the Mayor to send a letter to CML to urge them to carryon this project Consensus was 8-0 Ron Selstad asked about the policy re the makeup of commissions He asked if the intent of Council is to each Councilmember appoint 1 person for each board or that the makeup of the boards reflect the new Council consensus on the intent--consensus was 5 in favor boards and basically have commission and He asked for Phil Edwards stated that the Committee for City Affairs would be setting meeting dates He advised Council of some spectacular holiday decorations on 41st and 42nd & Hoyt Street Elise Brougham informed Council that there was a Video available on undergrounding that could be shown at a Study Session Motion by Mr Merkl to adjourn, seconded by Mr Davis, carried 8-0 Meeting adjourned at 11 25 p m ~ _~/ rJ ,~ ,c /...L..____~~ Wanda Sang, City Cl~rk APPROVED BY CITY COUNCIL ON JANUARY 8, 1990 BY A VOTE OF 7 TO o '7 -Y7 ~ ,-1 _.L /' d , Larry Merkl, Mayor pro tern Da,~/~ {~~~d~-"'resident- for