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January 25, 1993
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
The rity Council Meeting was called to order by the Mavor at 7 30 p m
rounuilmembers present Eli~e Brougham, Kent Davi~. Don Eafanti, Phil
Edwards, Vance Edward~, Tony FIasco, Ron Sel~tad, and bill Shanley Also
present rity rlerk, ~anda Sang, rity Administrator, Robert Middaugh,
City Attorney, John Hayes, rity Treasurer, Jim Malone, Director of
Planning, Glen Gidley, rhief of Police, Jack Hurst, Director of Parks,
Gary Wardle, Director of Public ~orks, Bob Goebel, staff, and interested
citizens
APPROVAL OF MINUTES of January 11, 1993
Motion by Mr Eafanti for the approval of the Minutes of January 11,
1993, seconded by Mr Davis
Mr Sel~tad asked for a minor change under Item 15 rompen~ation Plan,
to add that this compensation plan was adopted subject to questions
being put to the voters on level of services in November Mr Eafanti
and second accepted this Motion carried 7-1 with Phil Edwards voting
no
PROCLAMATIONS AND CEREMONIES
Mayor Winger administered the Oath of Office to newlv appointed Board
and rommission Members, Susan Bartell, Arborist Board and David
Albertson, Boari of Adju~tment
The ritv of ~heat Ridge was presented with the Safety Belt U~e Award
from the US Department of Transportation Thi~ award is given because
of a 70% or greater use of seat belts by rity employee~
CITIZENS' RIGHTS TO SPEAK
There was no one present to speak
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1
Application for a new r]ass r - rlub Liquor License for George
G Klumker rhapter #22, Disabled American Veterans, 4901
Marshall Street, Wheat Ridge, rolorado
Peter Roberto, 8496 Zephyr Street, Arvada, applicant, was sworn in by
the Mayor and asked for approval of thi~ application
rITY rOUNrIL MINUTES
January 25, 1993
Page -2-
Motion by Mr FIasco to approve the application for a new rlass r - rlub
License for George G Klumker rhapter #22, Disabled American Veterans,
4901 Marshall Street, Wheat Ridge, rolorado, for t~e following reasons
1 All applications and fees required by statute have been filed and
paid 2 Notice of hearing and posting of the prpmi~es have been
accomplished according to statutory requirements 3 The applicants
will be entitled to occupancy of the premises by virtue of a signed Deed
of trust, dated June 13, 1949 4 The applicants have been cleared by
the Police Department 5 The evidence adduced at t~e Public hearing
on January 25, 1993 established that the desires of the residents of the
neighborhood under consideration are for granting t~is license, as
evidenced by petitions bearing 87 signatures in favor of issuance, 11
signatures in opposition, and 2 signatures evidencing no opinion and
that issuance of this license is consistent with the needs of the
neighborhood under consideration, seconded by Nr Shanley, carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2
rouncil Bill 35 - An Ordinance providing for the approval of
rezoning from Agricultural-One to Planned rommercial
Development (prD) and for approval of a rombined Outline and
Final Development Plan and Plat on land located at
approximately 5000 Robb Street, rity of Wheat Ridge, County of
Jefferson, State of rolorado
(rase No WZ-92-7) (Ric~ard Todd for Phillip Haas)
rouncil Bill 35 was introduced on second reading by Phil Edwards, title
read bv the rlerk, Ordinance No 917 assigned
Glen Gidley presented the case and entered exhibits into the record
Richard Todd, 4570 Teller Street, applicant, was sworn in by the Mayor
and asked for approval of the rezoning
Motion by Phil Edwards that rouncil Bill 35 (Ordinance 917), a request
for rezoning from A-1 to PCD and for approval of a combined outline and
final plan and plat for property located at 5000 Robb Street, be
approved for the following reasons 1 All requirements of the
Subdivision Regulations have been met 2 The submittal meets the
requirements for a combined outline and final plan ad plat, and 3 The
rezoning t Planned rommercial Development is generally compatible with
the Industrial designation on the romprehensive Plan With the
following condition The entry-design (i e brick veneer or other
material) be carried out on all sides of the buildings with public
street exposure, seconded by Mr Shanley
Mrs Brougham asked to amend the motion tu change the wording on the
plat from "existing water main" to "proposed water main" This was
accepted by motion-maker and second Motion carried 8-0
rITY COUNrIL MINUTES
January 25, 1993
Page -3-
Item 3
rouncil Bill 36 - An Ordinance providing for the approval of
r~zoning from from Agricultural-One to Planned rommercial
Development (prD) and for the establishment of Uses Allowed and
General Design Parameters akin to an Outline Developm~nt Plan
located at approximately 12851 W 32nd Avenue, rity of Wheat
Ridge, rounty of Jefferson, State of Colorado
(Case No WZ-92-11)
rouncil Bill 36 was introduced on ~econd reading by Mrs Brougham, title
read by the rlerk, Ordinance No 918 assigned
Mr Middaugh and Mr Gidley presented the case
Speaking in opposition to the rezoning and sworn in by the Mayor, were
Harvey B Morlan, 13146 W 33rd Avenue,
Patricia Rubano, 13050 W 32nd Avenue,
Brad Brauer, 3238 Zinnia rourt,
Cindy Anderson, 14025 Foothill Circle, Golden, representing the
Applewood Property Owners Association,
Greg Penkowsky, 1600 Broadway, Suite 1645, Denver, Attorney for LaQuinta
Motor Inns, introduced protest into the record that highlights his
objections to the rezoning
Their concerns were road location and switching the two properties,
that the 10 ft concrete wall on a 4 ft berm promised to the residents
along the relocated road be included in a motion, possibility of a child
getting hit, gravel processing pit needs to be addressed, safety and
welfare of the community, environmental impact, negative impact on
personal property values, various technicalities were not observed for
the application process, application is sparse, all 9 conditions for
rehearing have not been met
rity Attorney, John Bayes, stated upon que~tioning by Mrs Brougham,
that the protest submitted by Mr Penkowsky constituted a valid, legal
protest
Mr Davis asked for consensus not to
step as Vance Edwards had requested
through this step by step
go ov~r the legal protest step by
ronsensus was 6-2 not to go
Mr Hayes read the original Notice of Protest into the record and
reiterated his original statement that this was a valid legal protest
He also stated that since a legal protest had been filed, it would take
a vote of six Councilmembers to vote for the rezoning
Motion by Mrs Brougham that rouncil Bill 36, a request for rezoning
approval from A-1 to prD with r-1 use and design parameters on property
located at 12851 West 32nd Avenue, be Denied for the following reasons
It does not meet all the criteria to evaluate a Zoning Request The
proposej change will have adverse effects on the surrounding area It
adversely effects the public health, safety and welfare by creating
excessive traffic and its consequential bad air Staff has concluded in
writing and their conclusion that the rezoning of the existing
Youngfield Service Road i~ necessary to help facilitate the Road
relocation No change in character of the area has occurred since it
was annexed and developed, ~econded bv Mr Selstad
rIT~ COUNrIL MINUTE
January 25, 1993
Page -4-
Mr Selstarl a~kerl to arlrl two reasons for rlenial
The property can be reasonably developerl under the existing zone
conrlition~ There is not a void in the area that the change of zoning
will fill Mrs Brougham accepted this as a friendly amendment
Motion failed 3-5 with rouncilmembers Selstarl, Brougham, and Vance
Edwards voting ye~
Motion by Phil Edwards that rouncil Bill 36, a request for rezoning
approval from A-1 to prD with r_1 use and de~ign parameter~ on property
located at 12851 West 32nd Avenue, be approverl for the following
reasons 1 The rezoning will help facilitate the service road
reconstruction 2 The criteria used to evaluate a rezoning support
this reque~t 3 Staff and Planning Commission recommend approval
With the following condition 1 r-1 use and design parameters be
allowed on the property, ~econded by Mr Davis, failed 5-3 with
Councilmembers Vance Edwards, Brougham, and Selstad voting No (This
needed a vote of six Councilmembers in order to pass )
Item 4
Public Hearing on a request by Leaf, Inc , dba Jolly Rancher,
for participation in the Business Development Zone Program
(rase No BDZ-93-1)
Mr Mirldaugh explained the request by Leaf, Inc and the Business
Development Zone Program
Keith Krickbaum, Leaf Inc , plant manager for Jolly Rancher, 5060 Ward
Road, was sworn in by the Mayor
Don Dunshee, President of Jefferson Economic rouncil, 172b role Blvd
was sworn in by the Mayor
Motion by Mr Shanley that the Mayor and rity rlerk be authorized to
sign a Business Development Zone Agreement between the rity of Wheat
Ridge and LEAF, Inc /Jolly Rancher, as presented and recommended,
seconded by Vance Edwards, carried 6-2 with Mr Flasco and Mrs Brougham
voting no Mrs Brougham voted no because she believes we are in
violation of the intent of our rity's Business Development Zone Program
Ordinance, which say~, "the uses to which the eligible City fees,
charges, and taxes may be put by an applicant, shall be strictly
admitted to those which are approved by City rouncil anrl relate directly
to development or redevelopment of businesses within the rity which
develop or redevelop business will generate more municipal sales and use
tax revenues" She also quoted from the Agreement on page 3, paragraph
5 b "Upon the waiver by the City, and/or the accrual to Leaf, (whiCh
is Jolly Rancher) of the maximum amount of $845,000 00" That is the
amount we are waiving for the public's information She also pointed
out Mr Dunshee's comment that we will have increased property tax
increase He well knows that all cities major, by far, income is sales
tax not property tax
CITY COUNrIL MINUTES
January 25, 1993
Page -5-
UNFINISHED BUSINESS
Item 5
ronsideration of Motion to Override Mayoral Veto of rouncil
Bill 34 - Ordinance 916 - An Ordinance vacating a portion of
Union Street adjacent to 3365 Union Street (rase No WV-92-2)
Mayor Winger referred to his memorandum of January 12, 1993, in which he
outlined his reasons for vetoing this Ordinance
Motion by Phil Edward~ to override the Mayor'~ veto of Ordinance 916,
seconded by Mrs Brougham, failed 5-3 with rouncilmembers Vance Edwards,
Davis, an1 FIasco voting no A vote of 6 rouncilmembers is needed to
override the Mayor's veto
Consensus was 6 in favor to let Mr Terry Ammon speak
Terry Ammon, 3375 Union Street, was sworn in by t~e Mayor He asked to
amend his request of a 30 ft vacation to a 15 ft vacation and to deed
the 15 ft back to the rity after his building is completed
John Hayes explaine1 that the iteffi on the Agenda was the Mayor's Veto
Any other action would have to be brou~ht back in to rouncil at a
rouncilmember's request
Motion by Mrs Brougham that the Street Vacation Request for 15 ft at
3365 Union Street be a new item placed on a rouncil Agenda as soon as
possible, seconded by Phil Edwards, carried 5-3 with rouncilmembers
Vance Edwards, Davis ani FIasco voting no
Mr Flasco requested that Mr Hayes' legal opinion as to how to proceed
wit~ this matter be supplied to all rouncilmembers Mrs Brougham
requested that Mr Ammon be notified of any hearings
ORDINANCES ON FIRST READING
Item 6
rouncil Bill 3 - An Ordinance providing for the approval of
rezoning from Restricted-rommercial to Commercial-One on land
located at 9900 West 44th Avenue, rity of Wheat Riige, rounty
of Jefferson, State of rolorado
(rase No WZ-92-10) (Jim Hailey)
rouncil Bill 3 wa~ introduced by Vance Edwards on first reading, title
read by t~e rlerk
Motion by Vance Edwards that Council Bill 3 be approved on first
reading, ordered published, public hearin~ be set for Mondav, February
22, 1993 at 7 30 p m in rity rouncil rhambers, Municipal Bldg , and if
approved on second reading, take effect 15 day~ after final publication,
seconded bv Mr Shanley, carried 8-0
rITY COUNCIL MINUTES
January 25, 1993
Page -6-
Item 7
rouncil Bill 4 - An Ordinance providing for the approval of
rezoning from Restricted-rommercial and Agricultural-One
to rommercial-One and for approval of an Official Development
Plan on land located at 11808 West 44th Avenue, rity of Wheat
Hidge, rounty of Jefferson, State of rolorado
(rase No WZ-92-12) (Alexis Investments)
rouncil Bill 4 was introduced by Phil Edwards on first reading, title
read by the rlerk
Motion by Phil Edwards that rouncil Bill 4 be approved on first reading,
ordered published, public hearing be set for Monday, February 22, 1993
at 7 30 p m in rity rouncil rhambers, Municipal Bldg , and if approved
on second reading, take effect 15 day~ after final publication, seconded
by Mr Shanley, carried 8-0
Item 8
DECISIONS, RESOLUTIONS, AND MOTIONS
Resolution 1336 - rescinding Resolution 1259 Series of 1991,
authorizing the Jefferson County Open Space Officials to secure
a survey, title commitment and negotiate for the acquisition of
and to acquire the property consisting of approximately 2 25
Acres located North of 35th Avenue between Everett Street and
Flower Street in Wheat Ridge, Colorado
Resolution 1336 was introduced by Mr Shanley, title read by the rlerk
Motion by Mr Shanley for the approval of Resolution 1336, seconded by
Mr Davis
Motion by Mr FIasco to Table this Resolution until the next Regular
Council Meeting to discuss possible condemnation, seconded by Phil
Edwards, failed 4-4 wit~ rouncilmembers Phil Edwards, Eafanti, FIasco,
and Vance Edwards voting yes
Mayor Winger broke the tie by voting no
Motion failed 5-4
Vote on original Motion carried 5-3 with rouncilmembers Vance Edwards,
Phil Edwards, and Fla~co voting no
Item 9
Resolution 1337 - authorizing the Jefferson rounty Open Space
Officials to secure an appraisal, survey, title commitment,
environmental assessment, determine fair market value and
negotiate for the acquisition of the property including water
rights consisting of approximately the Eastern 2 7 Acres,
located at 4300 Tabor Street in Wheat Ridge, rolorado
Resolution 1337 was introduced by Mr Shanley, title read by the rlerk
Motion by Mrs Brougham to suspend t~e Rules and go past 11 00 pm,
carried 6-2 with Mr Shanley and Mr Davis voting no
CITY CUUNCIL MINUTES
January 25, 1993
Pags -7-
Kenyan Baugher, 340 Oswego rourt, Aurora, was sworn in by the Mayor
Robert Rock, 4300 Tabor Street, was sworn in by the Mayor He is the
owner of the property in question
Janice Thompson, 12290 W 42nd Avenue, wa~ sworn in by the Mayor She
spoke on behalf of the Parks rommission and urged acquisition of this
property As a homeowner in the area, she stated she was excited about
the possibilitv of the rity buying this property
Motion by Mr Shanley for the approval of Resolution 1337, seconded by
Vance Edwards, carried 7-1 with Mr Flasco voting no Mr Flasco stated
that Mugele Park is only 1 mils away and is already being developed as a
passive park, too many parks in one area, people might walk across
private land to get to park
Item 10 Resolution 1338 - amending the 1993 Annual Budget, relating to
the Capital Fund, Fund 30, and the Intergovernmental Agreement
for the 44th Avenue Project
Bid Award for 1992 Preventive Maintenance Improvement Project
(West 44th Avenue) (RFB #92-26)
Resolution 1338 and Bid Award were introduced by Vance Edwards, title
read by the rlerk
Motion by Vance Edwards that the 1992 Preventive Maintenance Improvement
Project (West 44th Avenue) (RFB #92-26), project No S-PSM 03-92 be
awarded to Brannan Sand and Gravel in the amount of their amended bid of
$195,180 10 I further move that a contingency/force account of 13% in
the amount of $25,374 00 be established That a maximum amount of 2% of
the bid amount, $3,904 00, be allocated for payment of any early
completion of the project That the Director of Public Works be
authorized to issue change orders up to the total contract and
contingency amount of $220,554 10 and that all costs associated with
this project be charged to Acct No 30-303-884 That the funds be
encumbered for the length of the project which expressly allows the
expenditure of funds in 1994 for this project in accordance with
Ordinance #787, 1989 Series, seconded by Mr Shanley
Motion by Mr Davis to amend that the 13% contingency/force account be
cut to 10%, seconded by Mr FIasco, failed 3-5 with rouncilmembers
Davis, Eafanti, and FIasco voting yes
Original Motion carried 8-0
Motion by Vance Edwards for the adoption of Resolution 1338, seconded by
Phil Edward~, carried 8-0
CITY rOUNrIL MEETING
January 25, 1993
Page -8-
Item 11
BU Award for 1993 Janitorial Services
Motion by P~il Edwards to a~prove the contract for the 1993 Janitorial
Services be awarded to Metro Building Services in the amount of their
base annual bid of $30,247 32 per year with all costs to be charged to
the various contractual service 704 account~ and that the City
Administrator may approve up to four one year contract renewals based on
the firm's performance and funds appropriated for janitorial services in
each year's budget by the rity rouncil, seconded by Mr Shanley, carried
8-0
Item 12
Winter Kill Tree Removal Program
Motion by Vance Edwards that rity rouncil approve the Winter Kill Tree
Removal Program as submitted, seconded by Mr Shanley, carried 8-0
Motion by Mr FIasco to amend that the $130,000 be increased to
$230,000 Motion died for lack of 3econd
Item 13
DRCOG Elevator and Safety Inspection Program
Motion by Mr Shanley to authorize payment from Account 01-122-704 in
the amount of $6,956 to DRCOG, and that the terms contained in the
attached DRrOG Elevator and Escalator Safety Inspection letter
agreement dated December 8, 1992, be accepted, carried 8-0
Item 14
rontribution Requests
Don Dunshee, President of Jefferson Economic rouncil, 1726 Cole Blvd,
#210, Golden, ro , was sworn in by the Mayor Stated that there was no
full-time economic development individual and he felt they provide a
substantial service for the small investment for which he is asking and
asked that City rouncil reconsider giving a donation to their
organization
Mayor Winger added that he agreed wit~ Mr Dunshee and he felt the
Jefferson Economic rouncil was a great as~et to the City of Wheat Ridge
T~e members of rity Council at their special study session on January
18, 1993, came to a consensus to authorize payment of the designated
amounts to the following agencies
Volunteers of America
Jefferson renter for Mental Health
Radio Reading Service
Senior Resource renter
Jefferson Self Sufficiency rouncil
Arvada renter for Arts and Humanities
American Red rross
Jeffco Branch YMCA (MMrYA)
Wheat Ridge Art League
Jefferson Symphony Orchestra
$ 3,000
3,000
500
10,000
1,000
5,000
2,000
300
800
2,000
rITY rOUNrIL MEETING
January 25, 1993
Page -9-
RAQC
The Merchant's Group
Wheat Ridge High School
Jefferson High School
Wheat Ridge Historical Society
Total
1,000
600
300
300
1 ,500
$31,300
Motion by Mrs Brougham that payment be authorized in the designated
amounts to the above agencies from Account 01-102-780, and that $1,300
be transferred from Account 01-102-795, Unallocated Fund Balance, to
Account 01-102-780, seconded by Mr Davis
Vance Edwards asked that the Senior Resource renter, Arvada renter for
Arts and Humanities, and The Merchant's Group be voted on separately
Mr Flasco asked that the Wheat Ridge Historical Society be voted on
'leparately
Motion by Mr Shanley to add $250 00 for the Girl Scouts and $250 00 for
the Boy Scouts, seconded by Mr Eafanti, failed 4-4 with Councilmembers
Davis, FIasco, Phil Edwards, and Brougham voting no
Motion by Mr Shanley to
rouncil, 'leconded by Mr
and Shanley voting ye'l
contribute $1,500 to Jefferson Economic
Eafanti, failed 2-6 with rouncilmembers Eafanti
Motion by Mr FIasco that the contribution to the Merchants Group be
increased to $3,750 00, seconded by Mr Eafanti, carried 5-3 with
rouncilmembers Vance Edwards, Phil Edwards, and Davis voting No
Motion by Mr FIasco to reduce the contribution to the Wheat Ridge
Historical Society to $1,000, failed for lack of second
Motion by Vance Edwards to reduce the contribution to Arvada renter to
$2,000, seconded by Phil Edwards, failed 4-4 with rouncilmembers
Eafanti, Vance Edwards, Phil Edwards and Brougham voting ye'l
Motion by Vance Edwards that the contribution to the Senior Resource
renter be increased from $10,000 to $13,500, seconded by Mr Eafanti,
failed 3-5 with Councilmembers Vance Edwards, Brougham, Eafanti voting
yes
Motion by Vance Edwards to contribute $1,000 to the Jefferson Economic
Council, seconded by Phil Edwards, failed 4-4 with rouncilmembers
Eafanti, Shanley, Phil Edwards, and Vance Edwards voting yes
Motion by Mr FIasco that the contribution to RAQr be increased from
$1,000 to $2,000, seconded by Mr Eafanti Motion by Mr Selstad to
amend to drop RAQr from $1,000 to 0, seconded by Phil Edwards, failed
3-5 Councilmembers Selstad, Phil Edwards, and Vance Edwards voting yes
Vote on Mr Flasco's motion failed 3-5 with rouncilmembers Eafanti,
Flasco, and Brougham voting yes
rITY rOUNrIL MINUTES
January 25, 1993
Page -10-
Vote on original motion as amended carried 8-0
CITY ATTORNEY'S MATTERS
John Hayes informed Council about a Sign rode violation at Medved
Chevrolet and asked Council direction a~ to how to proceed Consensus
was 6 in favor to uphold our Sign roie
ELECTED OFFICIALS' MATTERS
Tony FIasco iiscussed Senate Bill 99 and asked for a list from rity
Administrator of all the contributions we make to various professional
organizations that could be affected by thi~ bill
Motion by Mr Eafanti to adjourn, seconded by Mr Selstad, carried 8-0
Meeting adjourned at 12 30 a m
~l(Ck"f-,"- t
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Wanda Sang, rity
APPROVED BY CITY
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rOUNrIL
ON FEBRUARY 8, 1993 BY A VOTE OF
'><; TO
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Ron Selstad, rounciJ President