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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 o ~/ ;;J/ ~. ) c'1 -' I. vA-< /'vc~ Kent Davis, Council President