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HomeMy WebLinkAbout06/08/1992 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO June 8. 1992 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Elise Brougham, Kent Lavis, Don Eafanti, Phil Erlwards, Vance Edwards, Tony Flasco, Ron Selstad, and Bill Shanley Also present City Clerk, ~anda Sang, City Administrator, Robert Middaugh, City Attorney, John Hayes, City Treasurer, Jim ~alone, Chief of Police, Jack Hurst, Director of Parks, Gary Wardle, Planner, Meredith Reckert, Senior Project Engineer, John Oss, staff, and interested citizens APPROVAL OF MINUTES of ~ay 11 and ~ay 18, 1992 Motion by Mr seconderl by Mr Eafanti for the approval of the Minutes of May 11, 1992, Shanley, carried 8-0 Motion by Mr Eafanti for the approval of the Minutes of May 18, 1992, secondej by Phil Edwards, carried 8-0 CITIZENS' RIGHTS TO SPEAK Orin W Morris, 3650 Harlan Street, was sworn in by the Mayor and spoke in opposition to building a recreation center, build something that doesn't lose money, don't compare Wheat Ridge with Westminster, is tired of hearing "only 1%" Nancy Snow, 11155 W 40th Avenue, was sworn in by the Mayor and asked that Wheat Ridge make some amendments to our zoning laws and other laws to bring thew up-to-date with several changes in federal law that require accessibility for the handicapped Grouphome Ordinance should be amended, Ordinance for granting variances should include handicapped, building code should be amended to include federal changes LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Transfer of' Ownership for Time Square Liquors, 4216 Wadsworth Blvd , Wheat Ridge Motion by Mr Davis to approve the Transfer of Ownership of a Retail Liquor Store License to Kim Kyu Yang, dba Time Square Liquors, 4216 Wadsworth Blvd , Wheat Ridge, seconded by Mr Shanley Applicant, Kim Kyu Yang, 10996 North Fenton Circle, Westminster, was sworn in by the Mayor, and answered Council's questions Mr Selstad was concerned about two liquor violations that Mrs Yang had in Oregon Daniel Lee, 1508 Dayton Street, Aurora, was sworn in by the Mayor Lee is Mrs Yang's realtor He explained the violations that Mrs had in Oregon and that they occured in 1985 Mr Yang Motion carried 8-0 CITY COUNCIL MINUTES June 8, 1992 Page -2- Item 2 Application for a new Beer and Wine Liquor License with extendej hours from Country Cafe, Inc , 3291 Youngfield Service Road, Wheat Ridge, Colorado (1-mile radius only) Motion by Mrs Brougham that the neighborhood be set at a 1/2 mile radius, that a survey to establish the needs and desires of the neighborhood be taken, and that the public hearing on this application be held on July 13, 1992, seconded by Vance Edwards Mr Shanley will vote against this because of the preferential treatment to this facility, everybody else has a 1 mile radius, we have to be fair ~rs Brougham feels that the radius should be reduced to 1/2 mile for all applicants not just this applicant Motion by Mr FIasco to amend the motion to a 1-mile rajius, seconded by Mr Shanley, carried 5-3 with Council members Vance Edwards, Brougham, and Eafanti voting no Original Motion as amended carried 8-0 Item 3 Motion re Alleged Liquor Violation at Valley Liquors Motion by Vance Edwards that a Notice of Hearing and Order to Show Cause be executed by the Mayor and City Clerk and be issued to Valley Liquors, 4992 Ward Road, Wheat Ridge, based upon the allegations contained in the attached Offense Report I further move that the hearing be set for July 13, 1992 at b 30 p m I further move that Rick Gleason be hired as liquor prosecutor, seconded by Mrs Brougham, carried 8-0 Mrs Brougham asked for consensus to move up Item 7 in place of Item 4 since this is going to be continued for 2 weeks Consensus was 7 in favor Item 7 A Council Bill 10 - An ordinance providing for the revocation of a planned commercial development - outline development plan, including all stipulations, conditions and specified provisions on property located at the northwest corner of Wadsworth Boulevard and West 35th Avenue CITY COUNCIL MINUTES June 8, 1992 Page -3- B Resolution 1292 - declaring the intent of the City of ~heat Ridge to acquire an interest in portion of the real property at 3500-3502 Allison Street, Wheat Ridge, Colorado in fee simple, from the present owners 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 do not result in an agreement to acquire said property C Resolution 1293 - - ~eclaring the intent of the City of Wheat Ridge to acquire an interest in portion of the real property at 3501-3511 Allison Street, Wheat Ridge, rolorado in fee simple, from the present owners 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 do not result in an agreement to acquire said property (Tabled from May 18, 1992) D 35th & Allison Proposed Agreement City Attorney, John Hayes, explained that he had been negotiating with representatives of the residents of Allison Street Item 7 D is a form of agreement to resolve the question of opening Allison Street Because of the logistics, it is his recommendation that Items ABC be continued without any action whatsoever for a two week period That rouncil give him a directive as to Item D approving in concept or in principal the proposed agreement and that the Council give direction in public so that all the residents of the City might see what traffic count the Council deems would be acceptable to the City in paragraph 3 (a) of this agreement Council had given him 1200 vehicle trips of traffic, but the residents felt that number was too high Motion by Phil Edwards to follow Mr Hayes' suggestions and that the traffic count be 1000, seconded by Mr u8vis, carried 8-0 Motion by Mrs Brougham that Items 7 ABC be continued for two weeks and that the property be reposted, seconded by Mr Selstad, carried 7-1 with Mr Shanley voting no City Clerk, Wanda Sang, asked that Council keep the backup material for this item so it won't need to be re-copied SITY COUNCIL MINUTES June 0,1992 Page -4- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 4 Public input on 1993 budget City Administrator, Robert Middaugh, gave brief overview of budget adoption calendar, where we are in that particular process and our outlook for 1993 No one had signed up to speak City Clerk read a letter into the record from Wheat Ridge United Neighborhoods to comment on the budget, keep in mind to curtail government spending, limit expansion of streets, reinstate Ranger Program, cut out-of-town trips for Councilor staff, cut down on meals, provide zoning map for citizens to look at, we don't need to expand City Hall, stay debt free Item 5 A Council Bill 0 - An Ordinance repealing the provisions of Chapter 25, Article II, Urban Renewal Authority, of the Code of Laws of the City of Wheat Ridge, providing the effective jate of said repeal being December 1, 1992 (Tabled on 5/11/92 - brought off the Table 5/11/92) B Resolution 12y4 - approving the Intergovernmental Agreement between the City of Wheat Ridge and the Wheat Ridge Economic Development and Revitalization Commission, and authorizing the Mayor and City Clerk to execute said Intergovernmental Agreement C Intergovernmental Agreement between the rity of Wheat Ridge and EDARC John Hayes recommended that Council table C B 8, stated that he didn't feel we were ready to adopt Resolution 1294, advised Council of meeting with EDARC and some of the concerns discussed were drafted into the attached Intergovernmental Agreement This form woulj recognize the Resolutions and Ordinances adopted by the City Council, it would recognize the authority of the City Council, it would provide for some type of joint continuation of the negotiation activities involved in the Urban Renewal Area and would limit the expenditure of tax increment or other funis in the possession of EDARC pursuant to paragraph 3 of this agreement He asked to discuss the validity of Resolution 1291, was the proper form utilized, substance of agreement is unarguable, should it go back to Planning Commission and then be on Council Agenda as a public hearing? CITY COUNrIL MINUTES~ June 8, 1992 Page -5- A Motion by Mr Shanley to table Council Bill 8, seconded by Phil Edwards, carried 6-1 with Mr FIasco voting no, Mr Davis abstaining B Resolution 1294 was introduced by Vance Edwards, title read by the Clerk Motion by Vance Edwards to continue this item for 2 weeks to June 22, 1992, seconded by Mrs Brougham, carried 6-1 with Mr FIasco voting no, Mr Davis abstaining C Vance Edwards introduced Item C for discussion Consensus was 6-2 to delete Section 9 Consensus was 6-2 to add a Council representative under Section 2 Consensus was 5-3 to delete "which member shall serve as an ex-officio member of EDARC" in ~ection 8 Consensus was 5-3 to insert a sunset provision into the agreement Consensus was 6-2 to appoint a Councilmember or members to work with EDARC during the discussion of this agreement The appointment will be made during Elected Officials matters Joe Drew, 6660 W Mayor, they look with Council 29th Avenue, chairman of EDARC, was sworn in by the forward to working on the Intergovernmental Agreement Consensus was 7-1 to work on sales tax portion of agreement Item 6 Council Bill 13 - An Ordinance amending various provisions of Article II of Chapter 25, Urban Renewal Authority, of the Code of Laws of the City of wheat Ridge Council Bill 13 was introduced by Mr read by the Clerk, Ordinance No 897 Selstad on second reading, title assigned Mr Hayes explained the changes to Chapter 25 of the Code of Laws that would be obtained by this Ordinance Motion by Mr Selstad for the adoption of Council Bill 13, Ordinance 897, seconded by Vance Edwards, carried 5-3 with Councilmembers Phil Edwards, Shanley and Davis voting no Item 8 Council Bill 12 - An Ordinance providing for the approval of rezoning from Restricted-Commercial to commercial-One on land located at 7400-7490 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-92-1) (Jeanette Wirtz for Papedo Enterprises) Council Bill 12 was introduced by Vance Edwards, title read by the Clerk, Ordinance No 898 assigned GITY GOUNGIL MINUTES June 8, 1992 Page -b- Robert Middaugh gave staff report Motion by Vance Edwards that Souncil Bill 12 (Ordinance 898), a request for approval of a rezoning at 7400-7490 W 38th Avenue, from Restricted-Gommercial to Commercial-One be approved for the following reasons 1 This change of zoning would eliminate a nonconforming use on the property, and 2 The criteria used to Justify rezoning supports this request, and 3 Planning Commission and staff recommend approval With the following condition That the owner work with staff to devise some means to prohibit access to Vance Street for the northerly five parking stalls to enhance the property as well as improve public safety, seconded by Mr Selstad Jeanette Wirtz, 7247 S Xanthia Way, was sworn in by the Mayor, answered questions and asked for approval Motion by ~;rs Brougham to amend that sOlOe form of landscaping, if viable, be worked out Motion died for lack of second Motion carried 7-0 Mr Flasco had left at 10 30 p m due to illness Item 9 Application by Lutheran Hospital for approval of a final development plan far property zoned Planned Hospital Development for expansion of the emergency department (Case No WZ-92-2) Vance Edwards introducej this item Robert Middaugh and Meredith Reckert presented the staff report Motion by Vance Edwards that rase No WZ-92-2, a request for approval of a final development plan for property located at 8300 West 38th Avenue be approved for the following reasons 1 The plan is in conformance with the Zoning Code and meets the intent of the Planned Hospital District 2 Planning Commission and staff recommend approval With the following conditions 1 The plan accurately reflect the West 38th Avenue reconstruction, and 2 A pedestrian linkage be provided on the west side of Lutheran Parkway West between West 38th Avenue and the emergency room 3 That a plan to construct pedestrian linkages along Lutheran Parkway, Lutheran Parkway West, Rocky Mountain ditch and other areas as appropriate be completed by Lutheran Medical Center by October 1, 1992 The pejestrian linkage plan shall address the location, timing of construction and type of lIJaterial util ized for pedestrian 1 inkages The pedestrian linkage plan shall be reviewed and approved by the Planning Commission and shall be incorporated into the outline development plan, seconded by Phil Edwards Dick Scheurer, appearing on behalf of the applicant, was sworn in by the Mayor, he introduced Richard Taylor, Executive Vice President of Lutheran Medical Center, Al Davis, Director of Engineering, Al Davis, Architect of the project All were sworn in by the Mayor and answered Council's questions CITY COUNCIL t>llNUTE~ - June 8, 1992 Page -7- Ron Smith, 3751 Dudley, was sworn in postponei for 1 month until Lutheran It is very noisy for the neighbors to block some of the noise by the Mayor, he asked that this be joes something about their towers He suggested a 10 ft wooden fence Motion carried 7-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 10 Purchase of Forensic Light for Police Department Motion by Vance Eiwards that the Omniprint 1000 Forensic Light Source and Training (RFE #92-36) be purchased from Omnichrome in the amount of their quote of $10,470 00 with the amount charged to Acct No 01-212-809, seconded by Phil Edwards, carried 7-0 Item 11 Purchase of Local Area Network Software Motion by Mr Shanley that the Local Area Network (Software/Hardware) (RFB #92-35) be purchased from Cad-Pro Systems, Inc in the amount of their bii of $5,991 53 I further move that the amount for this purchase be charged to the following accounts $200 00 to Acct 01-601-799, $500 00 to Acct No 01-121-755, $1,700 00 to Acct 01-302-755, $3,591 53 to Acct No 01-117-755, seconded by Phil carrier1 7-0 No No Edwards, Item 12 Selection of Bond Unr1erwriter for W 38th Avenue Undergrounding Program Robert Middaugh gave background on the selection of bond underwriter and stated that the committee recommenie~ George K Baum and Company, and second in line would be Hanifen, Imhoff, Inc Alex Brown, 717 17th Street, Denver, was sworn in by the Mayor, he is the Senior Vice President of George K Saum and Company, he gave background on the company and himself Joe Drew, 6660 W 29th Avenue, Vice President of Public Finance of Hanifen, Imhoff, Inc was sworn in by the Mayor He stated that he could do a better job than George K Baum and Company, he would put a lot of effort into working for the City of Wheat Ridge, he is a citizen of the City of Wheat Ridge Motion by Mr Shanley that the City Administrator be directed to enter into a contract with the investment banking firm, llanifen, Imhoff, Inc , to provide bond underwriting services associated with the issuance of bonds for the W 38th Avenue utility underground project as previously approved by the Wheat Ridge r;ity r;ouncU, <;econded by Phil ~dwar,is, carried 6-1 with Mr Davis voting no Mr Davis clarified that he did not vote again<;t the firm, but he is against bonds CITY rUUNCIL MINUTE~ June 8, 1992 Page -8- Item 13 Motion to set date to discuss setting Council budget policy Mr Selstad stated that we do not have a Council budget policy, bujgets are proposed for Council and they pass them, but they have not discussed what to set for required reserves, unallocated reserves, expenditure priorities, etc Motion by Mr Monday, June 7-0 Selstad to set a council budget policy meeting for 29, 1992 at 7 30 pm, seconded by Vance Edwards, carried CITY ADMINISTRATOR'S MATTERS Robert Middaugh received a revised set of plans for Municipal Building, they will be available tomorrow CITY ATTORNEY'S MATTERS John Hayes referred to two attachments in the Agenda, one an Ordinance he drafted regarding criminal mischief--if there is no objection, this will be brought in for first reading on June 22 The other item has to do with the proposed special election ballot questions, he asked for Council comments Motion by Mr Selstad to put the ballot questions on the June 22nd Agenda, seconded by Mrs Brougham, carried 7-0 ELECTED OFFICIALS' MATTERS Ron Selstad has been contacted by the Historical Society, they want to apply for a grant from the gambling money in the State, a portion has to be set aside for renovating historic structures He asked Council to bring in a Resolution at the next meeting declaring the Wheat Ridge Post Office as a locally historic landmark structure Motion by Mr Selstad to do this, seconded by Phil Edwards Discussion followed Vance Edwards called for the question, carried 7-0 Motion carried 6-1 with Mr Davis voting no Motion by Mr Selstad to nominate Tony FIasco as the Councilmember who will sit in on the discussion with EDARC regarding the Intergovernmental Agreement, seconded by Mr Eafanti, carried 5-1 with Mr Shanley voting no, Mr Davis abstaining Motion by Mr Davis for adjournment, seconded by Mr Shanley, carried 5-2 with Vance Edwards and Mr Selstad voting no at 11 10 p m ~-- APPROVED BY CITY CO NeIL ON JUNE 2~, 1992 BY A VOTE OF .; ~-",,_./ CJ, // Kent Davis, Council President 8 TO o