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HomeMy WebLinkAbout01/25/1993 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 ZJ' - Wanda Sang, rity APPROVED BY CITY i-- v-{,- z- J rJerl1 j rOUNrIL ON FEBRUARY 8, 1993 BY A VOTE OF '><; TO L' ~--- '~~ Ron Selstad, rounciJ President