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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
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