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Home My WebLink About05/18/1992 CITY COUNCIL MINUTES CITY OF ~HEAT RIDGE, COLORADO May 18, 1992 The City Council Meeting wa~ called to order by the Mayor at 7 30 p m Councilmembers present Elise Brougham, Vent Davis, Don Eafanti, Phil Edwards, Vance Edwards, Tony Fla~co and hon Selstad Mr Shanley arrived 8t 8 14 p m Also present City Clerk, Wanda Sang, City Aimini~trator, Robert Middaugh, City Attorney, John Haye~, City Treasurer, Jim Malone, Director of Planning, Glen Giiley, Chief of POline, Jack Hurst, Director of Parks, Gary Wardle, Director of Public ~ork~, Bob Goebel, staff, and interested citizens CITIZENS' RIGHTS TO SPEAK No citizens signed up to speak LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Special Events Perwit for Sts Peter and Paul Church, 3900 Pierce Street, On June 5, 6, and 7, 1992 Motion by Mr FIasco to approve the Special Events Permit for Sts Peter and Paul Church, at the location of 3900 Pierce Street, Wheat Ridge, to dispense malt, vinous and spirituous liquor on June 5 from 6 00 p m to 11 00 pm, on June b from 2 00 P m to 11 00 pm, and on June 7 from 12 00 noon to 10 00 p m I further move to authorize the Mayor to sign the approval for the Special Events Permit I further move to allow Sts Peter ani Paul Church to advertise this event by banner, seconded by hr Eafanti, carried 8-0 (Mr Shanley harl left a vote of yes) PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 A Council Bill 10 - An ordinance providing for the revocation of a planned commercial development - outline development plan, including all stipulations, conditions and specified provi~ions on property located at the northwest corner of ~adsworth Boulevard and ~e~t 35th Avenue B Resolution 129~ - declaring the intent of the City of Wheat Ridge to acquire an interest in portion of the real property at 3500-350~ Allison Street, Wheat Ridge, Colorado in fee ~iwple, from the present owner~ thereof for the public purpose of allowing the opening of the intersection of Allison Street and West 35th Avenue, further authorizing the undertaking of good faith negotiations to acquire ~aid property, and further authorizing the initiation of an action in eminent domain to acquire said property in the event good faith negotiation~ do not result in an agreement to acquire said property CITY COUNCIL MINUTES May 18, 1992 Page -2- C Re~olution 1293 - - declaring the intent of the rity of Wheat Ridge to acquire an intere~t in portion of the real property at 3501-3511 Allison Street, Wheat Ridge, Colorado in fee simple, from the present owner~ thereof for the public purpose of allowing the opening of the intersection of Allison Street and West 35th Avenue, further authorizing the undertaking of good faith negotiations to acquire said property, and further authorizing the initiation of an action in eminent domain to acquire said property in the event good faith negotiations to not result in an agreement to acquire said property Peter J Goldin, 9195 E Lehigh, Denver, was sworn in by the Mayor He stated he was here on behalf of hichard Young, the trustee for the Sihlers Mr Flasco objected that any public input be heard ~ince this item was to be tabled Motion by Vance Edwards to allow public input even if this item is tabled, seconded by Mrs Brougham Motion by Mr FIasco to table this item until June B, 1992, ~econdej by Mr Davis, carried 4-3 with Council members Vance Ejward~, Brougham and Selstad voting no Item 3 Council Bill 11 - An Ordinance providing for the approval of a Special Use Permit to allow a Clas~ II Home Occupation in a Re~idential-Two Zone District on property located at 10509 We~t 44th Avenue, City of wheat Ridge, rounty of Jefferson, State of Colorado (Ca~e No SUP-92-1) (James Toscano) Council Bill 11 was introduced on second reading by Mr Sel~tad, title read by the rlerk, Ordinance No 896 assigned Motion by Mr Selstad that Council Bill 11 (Ordinance 896) Ca~e No SUP-92-1, a request for approval of a Class II Horne Occupation at 10509 West 44th Avenue, be approved for the following reasons 1 The criteria used to evaluate a Special u~e Permit ~upport this reque~t, and 2 Planning Commis~ion recommends approval, and 3 Staff recommends approval, seconded by Vance Edwards Cliff Wetherill, 5550 W 102nd Place, Westminster, applicant, was sworn in by the Mayor and asked for approval Motion carried 7-0 ORDINANCES ON FIRST READING Item 4 Council Bill 14 - An Ordinance amending the zoning code of the Code of Laws of the City of Wheat Ridge relating to si~eyard setbacks and garages within the various residential zone district~ Council Bill 14 was introduced by Mr Selstad on first reading, title read by Clerk CITY COUNCIL MINUTES May 18, 1992 Pag~ -3- Motion by Mr S~lstad that Council Bill 14 be approv~i on first reading, ordered publishei, public hearing be set for Monday, June 22, 1992 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approv~d on second reaiing, take effect 15 days after final pUblication, seconied by Mr Eafanti Phil Edwards will vote no on first reading because we went through this with the LDR task force for months and months ani Planning Commission votei against this 7-0 ani he thinks its overkill, b~caus~ of one or two people we 8re trying to punish the whole City Motion failed 4-4 with Councilmembers Phil Edwards, Davis, Flasco and Shanley voting no Mayor Winger broke the tie by voting no Motion fail~d 5-4 Motion by Mr Selstad to have this Council Bill apply only to R-1C and to bring this in for first reading, seconded by Vance Edwards Objection was mai~ that Mr Selstai was not one of the Council members voting no, so he couli not bring this subject back Motion by Mr FIasco to reconsid~r Council Bill 14, seconded by Mr Eafanti, carried 5-2 with Mr Davis and Phil Edwards voting no Motion by Mrs corrections to Mr Selstad Brougham that along with R-IC we publish all the these different sections that were in error, seconded by Mr Davis will vot~ against this until he gets a memo from the City Attorney or staff that these inieed are errors ani should be republished Motion by Mr FIasco to ameni the motion that only those errors verified by the City Attorney as errors be published, seconded by Mr Eafanti, carried 5-2 with Phil Edwards and Davis voting no DECISIONS, RESOLUTIONS, AND MOTIONS Item 5 Remodeling of Ye Olie Firehouse Community Building Motion by Vance Edwards that the Ye Olde Firehouse Remodel Project (RFB #92-19) be awardei to Big ny"~ Manufacturing and Construction Co in the amount of their bid of $3,607 00 I further move that a 20% contingency in the amount of $721 00 be established I further move that the Director of Parks and Recreation be authorized to issue change orders up to the total contract amount and contingency amount of $4,328 00 and that all costs associated with this project be charged to Acct No 01-603-811 I further move that the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1993 for this project in accordance with Ordinance #7b7, 1989 Series, seconded by Mr Selstad, carried 8-0 ~ITY COUN~IL MINUTES Hay 11:), 1992 Page -4- Item 6 Replacement of Sooling Tower Motion by Hr Selstad that the Cooling Tower Project at City Hall (RFB #92-16) be awarded to Colorado Building Maintenance, Inc in the amount of their bid of $12,747 73 I further move that a maximum amount of 2% of the bid amount, $255 00, be allocated for payment of any early completion of the project I further move that 15% contingency in the amount of $1,912 00 be established I further move that the Director of Planning ani Development be authorizei to is~ue change orders up to the total contract amount and contingency amount of $14,659 73 and that all costs associated with this project be charged to Acct No 32-610-811 I further move that the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1993 for this project in accordance with Oriinance #787, 1989 Series, ~econded by mr Eafanti, carried 8-0 Item 7 Hepatitis B Vaccinations Motion by Vance Edwards that e~ployees who are in groups that may be exposerl to the hepatitis B virus be offered the opportunity to receive the vaccinations with the cost to be charged to Acct 01-106-724, seconded by Phil Edwards, carried 5-3 with Councilmembers Davis, Flasco and Shanley voting no CITY ADMINISTRATOR'S MATTERS Robert Middaugh advised Council that we had a natural gas pickup truck available for testing, reminded everyone of the cultural diversity training workshops and encouraged attendance, answered questions regarding the emergency repair of patching truck, advised Council that the Mayor had appointed a task force that was to develop policy regarding gangs CITY ATTORNEY'S MATTERS John Hayes submitted a first draft of an Intergovernmental Agreement between the City and EDARS and asked for Council input He updated Council on property acquisition on 41st & Kipling, informed Council of underwriters that were interviewed regarding W 38th Avenue undergrounding--top two will be brought in for Council approv81 on June 8, hopes to have a draft of an agreement with Alli~on Street residents to Souncil on June 1 for their comments prior to June 8 ELECTED OFFICIALS' MATTERS Eill Shanley excused himself for being late to the meeting, he had to attend an awards ceremony for his daughter Don Eafanti thanked the Police Department for their tremendous job during the W 38th Avenue garage sale CITY COUNCIL MINUT~S May 1il, 1992 Page -5- Mayor winger stated we had been asked to support Applewood Days with an ad in the Golden Transcript for $110 00 Motion by Mr Shanley to bring this as an item to the June b meeting, seconded by Vance Edwards, carrie,d 0-0 Kent Davis has been concerned that the Rules and Procedures of Council have been bandiei about and circumvented, wednesday the Agenda was not nearly ready, at the August Study Session we need to review the Rules and Regulations He wants that first on the Agenda Consensus was 8-0 to dO this Elise Brougham asked that we tell the Applewood people to place the ad in a timely manner ani we might reimburse them later She also asked about the 10% contingency versus the 15% Maybe this could be brought up in Augu'3t Vance Edwards asked about the part time position in the clerk's office being fillei by a tempOr8ry and how this was accomplished Mr Middaugh explainecl Motion by Mr Shanley to adjourn, seconied by Vance Edwards, carried 6-1 with Phil Eclwards voting no Meeting adjourned at 9 15 p m / I ~-}~ ;L l U"",,-;. ~i, ~(U Wanda Sang ," J i tYitCl erk I J APPROVED Y CITY COUNCIL ON JUNE 8, 1992 BY A VOTE OF 8 TO 0 President