HomeMy WebLinkAbout10/12/1992
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
October 12, 1992
The Gity Council Meeting was called to order by the Mayor at 7 30 p m
Gouncilmembers pre~ent Eli~e Brougham, Kent Davis, Vance Edwards, Tony
FIasco, Ron Sel~tad, and Bill Shanley Don Eafanti and Phil Edwards
were absent Mr Eafanti left his votes with the iity Glerk Also
present City Glerk, Wania Sang, Gity Administrator, Robert Middaugh,
Gity Attorney, John Hayes, Gity Treasurer, Jim Malone, Director of
Planning, Glen Gidley, ihief of Police, Jack Hurst, Director of Parks,
Gary Wardle, Director of Public Work~, Bob Goebel, staff, and interested
citizens
APPROVAL OF MINUTES of September 28, 1992
Motion by Mr Davis for t~e approval of the Minutes of September 28,
1992, seconded by Mr Selstad, carried 6-0
PROCLAMATIONS AND CEREMONIES
Mayor Winger administered the uat~ of Office to newly appointed Board
and Commission members, Dave Gapra, Emery Dorsey and Alfred Dooley
CITIZENS' RIGHTS TO SPEAK
Arie Verrips, 15 Hillside Drive, representing t~e interest of the Wheat
Ridge Alliance for progress, asked for clarification regarding Public
iomment and Ordinances on first reading Two weeks ago people had
signed up under public comment and then spoke on an Ordinance on first
reading T~is wa~ improper
Mayor Winger replied t~at the Council Rules might have to be changed to
adiress that issue
Gity Attorney, John Hayes, stated that the Mayor had ~imply followed hi~
advise in letting the people speak Mr Hayes feels that it was
appropriate to allow public input
Kent Davis agreed with Mr Verrips and stated that ~e was not aware that
Councilmembers could have objected to the testimony
Mr Shanley also agreed with Mr Verrips ani Mr Davis and apologized to
t'lr Verrips
Mr FIasco apologized to Mr Verrips and stated that ~e had raised an
objection prior to the meeting but that he had been told by he Mayor
that t~e City Attorney advised to allow the testimony
Mr Selstad did not apOlogize, he feel~ people ~hould be able to come in
and talk about anyt~ing Any limitation would go against the First
Amendment
Carl Cerveny, 3425 Moore Street, was sworn in by t~e Mayor, urged
Gouncil in the name of the Planning iommi~sion to bury utilities
whenever possible Improve beauty of our community and enhance value of
homes Please reconsider vote to table the burying of utilities on W
38th Avenue
CITY COUNCIL MINUTES
October 1.:,1992
Page -2-
Geoff Wodell, 3935 Garland Street,
favor of burying t~e cables along W
Kipling
was sworn in by the Mayor, spoke in
38th Avenue from Wadswort~ to
Wanrla Sang, City Clerk, read a letter into the record at the request of
W~eat Ridge United Neighborhoods, w~ich invites voters to a Candidates
and Amendments Forum on Friday Evening, 7 30 pm, October 23rd, 1992
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1
Application for a Special Events Permit for Sts Peter and Paul
Church
City Clerk, Wanda Sang, presented the Item
Motion by Mr Shanley to approve the Special Events Permit for Sts
Peter and Paul Churc~, at t~e location of 3900 Pierce Street, Wheat
Ridge, to dispense malt, vinous and spirituous liquor on October 24,
1992 from 7 00 p m to 11 00 p m in the gymnasium I further move to
authorize the Mayor to sign the application for the Special Events
Permit, seconded by Mr FIasco, carried 7-0
Item 2
Application for a new Hotel & Restaurant Liquor License with
extended hours for MPR Enterprises, Inc , dba Michelli's
Italian Restaurant, 3244 Youngfield Street, Unit G, W~eat
Ridge (1-mile radius only)
City Clerk, Wanda Sang, presented t~e Item
Motion by Mr Davis that the neig~borhood be set at a 1-mile radius
within t~e CIty limits of t~e City of Wheat ridge, t~at a survey to
establish the needs and desires of the neighborhood be taken, and t~at
the public hearing on t~is application be held on Monday, November 9,
1992, seconded by Mr Shanley, carried 7-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 3
Public Hearing on application by Jolly Rancher for Leaf, Inc
for approval of an amendment to a final development plan and
consolidation plat for property located at 50bO Ward Road,
Wheat Ridge (Case No WZ-92-8) (rontinued from 9/28/92)
Mr Middaugh and Mr Gidley presented Case No WZ-92-8 and answered
Council's questions
Jim Grubiak representing Leaf, Inc was sworn in by the Mayor,
presented their plan and asked for approval
Jacqueline Oglevie, was sworn in by the Mayor, owns property directly to
t~e South of Jolly Rancher and had some concerns regarding traffic, that
~ad been addressed and resolved tonight
SITY rOUNSIL MINUTES
October 12,1992
Page -3-
Motion by Mr Shanley that t~e consolidation plat proposed pursuant to
Case No WZ-92-8, a request for approval of a final jevelopment plan and
plat for 5060 Ward Road, be approvei for the following reason~ 1 All
requirements of the Subdivision Regulations have been met, and 2
Planning rommission and staff recommend approval With the following
conditions 1 A ten-foot right-of-way dedication occur along Wad
Road, and 2 Easement~ that need to be vacated be specifically noted,
~econjej by Mr Davis, carried 6-0
Motion by Mr Shanley that t~e development plan proposei pursuant to
Case No WZ-92-8, a request for approval of a final development plan and
plat for 5060 ward Road, be approved for t~e following reasons
1 T~e intent of the Planned Industrial Development regulations has
been met, and 2 Planning Commission ani staff recommend approval With
the following condition~ 1 That a secondary access be secured and
constructej or that other alternatives such as a traffic signal at We~t
50th Place, or a new parking lot for employees be developed north of the
plant with direct access to West 62nd Avenue Staff shall have the
administrative authority to evaluate which alternatives are acceptable
and to alter the site plan to help implement the acceptable solution 2
That such access, signalization, parking lot or other acceptable means
of mitigating the traffic impact be developed and operational prior to a
Certificate of Occupancy being issued for this expansion phase 3
Based upon the urgency and current development and traffic
characteristics of this general area, the standard requirements of
parking lot paving of the new parking area to the north of the plant (if
this option is exercised by Jolly Rancher), and public street
improvements including curb, gutter and sidewalk along Ward Road and
West 52nd Avenue shall be deferred until either the Ridge Road to West
62nd Avenue connector is completed, or until development of any future
addition phases for Jolly Rancher beyond the current request, whichever
occurs first, seconded by Mr Davis, carried 6-0
Motion by Mr Shanley that Public Works be authorized to continue
working with Jolly Ranc~er so t~e construction of their new curb and
gutter will accomodate the placement of a ~tructural overlay on West
50th Avenue by the City of Wheat Ridge, secondej by Mr Davis, carried
6-0
Item 4
Council Bill 21 - An Ordinance amending the Zoning Code of the
rode of Laws of the City of Wheat Ridge relating to Veterinary
Hospitals and Slinics within Restrictei Commercial (R-C) Zone
districts
Council Bill 21 was introducej by Vance Edwards on second reading, title
read by the Clerk, Ordinance No 905 assigned
Mr Miidaugh explained the Ordinance
Dr Robert Hilsenroth, 4675 Ingalls Street, was sworn in by the Mayor
and statej that the Animal rontrol Commission recommends approval
CITY CUUNCIL MINUTES
October 12,1992
Page -4-
Dr Doug Ikeler, 6409 W 44th Avenue, spoke in favor of this Ordinance
Motion by Vance Edwards that Council Bill 21 (Ordinance 905) be approved
on second reading, be published, and take effect 15 days after final
publication, seconded by Mrs Brougham, carried 6-1 with Mr Flasco
voting no
Item 5
ORDINANCES ON FIRST READING
Council Bill 24 - An Ordinance repealing Section 5-83 of the
Code of Laws of t~e City of Wheat Ridge, and reenacting Section
5-83, by adopting a new fee schedule for electrical permits
Council Bill 24 was introduced by Vance Edwards, title read by the
Clerk
Mr Middaugh asked that Items 5 and 6 be continued to the next meeting
because some of t~e Sections were mis-numbered Vance Edwards so moved,
seconded by Mr Selstad, carried U-O
Item 6
Council Bill 25 - An Ordinance repealing Section 5-81 of the
Code of Laws of the City of W~eat Ridge and reenacting Section
5-81, adopting by reference the building valuation data as
published in the Building Standards Magazine by the
International Conference of Building Officials, providing a
basis for establishing building permit fees
Item 7
DECISIONS, RESOLUTIONS, AND MOTIONS
Resolution 1315 - amending t~e City of Wheat Ridge Annual
Budget for the fiscal year of 1992
Resolution 1315 was introduced by Vance Edwards, title read by the
Clerk Mr Middaugh explained t~at this money was for miscellaneous
drainage projects and had been previously approved by rouncil
Motion by Vance Edwards for the adoption of Resolution 1315, seconded by
Mr Shanley, carried 7-0
Item 8
Motion to put put additional monies into Special Elections
Account
City Clerk, Wanda Sang, explained that rouncil had allocated $3,000 for
the Special Election on September 8, 1992 and that t~e actual expenses
were $5,403 72 The difference needed to be put into the proper
account
Motion by Mr Davis to put $2,504 73 into Election Account No 108-708
from Unallocated Account No 01-607-795, seconded by Mr Shanley,
carried 7-0
~ITY ~OUNCIL MINUTES
October 12, 1992
Page -5-
Item 9
Fencing for property at 10094 W 41st Avenue
Mr Middaugh explained that this expenditure was connecte~ with the
trail con~truction on 41st & Kipling The trail goes by this property
anj the City had agreed to provije fencing for privacy
~hris Galves, 10094 W 41st Avenue, was sworn in by the Mayor
the property owner in question
He is
Motion by Mrs Brougham that rity Council authorize the expenditure of
$1983 00 to install a Michigan White Cedar fence along the east property
line of 10094 W 41~t Avenue and that all expenditures be charged to
Acct No 32-601-862 I further move that $341 00 be transferred from
Acct No 32-601-795, Open Space Unallocate~, to Acct No 32-601-862,
seconde~ by Mr Davis, carrie~ 7-0
Item 10 Bid Award for printing Park ani Recreation Brochure
Motion by Mr Selstad that Intermountain ~olor be awarded the printing
of the 1993 Winter/Spring Recreation Brochure in the amount of their bid
of $2,875 00 and that the costs be chargej to Acct No 01-602-64 and
Acct No 01-106-654 (199~ funds) I also move that Intermountain ~olor
be awarded the printing of the 1993 Summer and 1993 Fall Recreation
Brochure in the amount of t~eir quote of $6,260 00 ani that the costs be
charged to Acct No 01-602-654 and Acct No 01-106-654 (1993 funds),
seconded by Mr~ Brougham, carried 7-0
Item 11 Workers Compensation Insurance
Mr Middaug~ explainej that we had had many claims this year and
suggested that next year the first $5,000 per each claim deductible be
change~ to 0 deductible He recommended that we stay with our current
carrier, which is ~IRSA
Mr Davis asked for consensus t~at the City look into the legality of
forming a committee to review claims, procedures, policies, training,
education, etc ~onsensus was 6 in favor
Motion by Mr Shanley that the City continue participation in rIRSA for
workers compensation insurance coverage and that the City cease
participation in the special contribution plan and obtain insurance
coverage with no deductible per the CIRSA quote, seconded by Mr
Selstad
Motion by Mrs Brougham to amend that in the future we look to other
companies besides rIRSA for quotes, seconded by Mr Davis, carried 5-1
wit~ Mr Shanley voting no
Motion carried 5-1 wit~ Mr Davis voting no, but ~e feel~ it is a good
thing that we are dropping the deductible
CITY COUNr,IL MINUTES
October 12,1992
Page -6-
Item 12 Annual Appreciation Dinner
Mayor ~inger explained that this is the dinner for Boards, Commissions
and Committees and is scheduled for Friday, October 30, 1992 at 6 30
p m at the Arvada renter
Motion by Mr Shanley that an amount not to exceei $3,500 be approved
for the annual Boards and Commissions Appreciation Dinner to be charged
to Acct No 01-102-712, seconded by Mrs Brougham, carried 7-0
Item 13 Bid Award for painting the Richards Hart Estate
Motion by Vance Edwards that the painting of the Richards-Hart Estate
(RFB #92-39) be awardei to Wheatridge Painting Co in the amount of
their bid of $4,591 00 That a contingency in the amount of $409 00 be
established That the Director of Parks and Recreation be authorized
to issue c~ange orders up to the total contract amount and contingency
amount of $5,000 00 and that all costs associated with this project be
charged to Acct No 32-601-862 (Open Space) I further move that the
funds be encumbered for the length of the project w~ich expressly allows
the expenditure of funds in 1993 for this project in accordance with
Ordinance 11787,1989 Series, seconded by I'lr Selstad, carrie1 7-0
Item 14 Property and Casualty Insurance Coverage
Motion by Mr Selstad that the City continue participation wit~ CIRSA
for property and casualty insurance coverage with deductible limits in
the amount of $150,000 for liability claims ani $10,000 for property
claims as quoted by CIRSA, seconded by Vance Edwards, carried 6-0
Motion by Mr Selstad that the City establish an insurance reserve fund
and that the funds budgeted in the 1993 budget in line item 610-782 and
610-781, totaling $300,000 be transferred to said fund to pay costs
associated with property an1 casualty insurance and self-insured claims
reimbursement by t~e City, seconded by Vance Edwards, carried 4-2 with
Mrs Brougham and Mr FIasco voting no
Item 15 Hiring Freeze regarding the Public Works Department Maintenance
worker
Motion by Mr Selstad that the ~iring freeze be waived to allow t~e
hiring of a Maintenance Worker in the Street Division of the Public
Works Department, seconded by Vance Edwards, carried 5-2 with Mr Davis
and Mr FIasco voting No
Item 16. Board and Commission appointments (Committee for City
Affair'3)
Motion by Mr Selstad to postpone this item until October 26, 1992,
seconded by Mr Shanley, carried 6-0
CITY COUNCIL MINUTES
October 12, 1992
Page -7-
CITY ATTORNEY'S MATTERS
John Hayes gave update on Jonathan Gate matter
ELECTED OFFICIALS' MATTERS
Ron Selstad moved that we allow public testimony on first readings
except rezonings and that we put a sign-up sheet in t~e back of the room
so people can speak, seconded by Vance Edwards, tied 3-3 with
Council members Vance Edwards, Uroughaw and Selstad voting yes
Mayor Winger broke the tie by voting yes
Motion carried 4-3
Motion by Mr Selstad to discuss the options for 38th Avenue
undergrounding at the first meeting in November (November 9,
seconde1 by Mrs Brougham, carried 4-2 with Mr Davis and Mr
voting no
1992),
FIasco
Mr Selstad asked for consensus for John to draw up an amendment to the
Ordinance regarding parking of boats and trailers on the street, this is
to be discussed at the November 2 Study Session Consensus was 4 in
favor
Mayor Winger asked to put a discussion regarding contract lawyer vs
in-house lawyer on the November 2 Study Session Consensus was 5 in
favor
Motion by Mr Selstad to adjourn, seconded by Vance Edwards, carried
6-0
Meeting adjourned at 10 25 p m
APPROVED BY CITY COUNCIL ON orTOEER 26, 1992 BY A VOTE OF
8
TO
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Kent Davis, Council President