HomeMy WebLinkAbout08/09/1993
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
August 9, 1993
The r:ity Council Meeting was called to order by the Mayor at 7 30 p m
Councilmembers present Elise Brougham, Kent Davis, Don Eafanti, Phil
Edwards, Vance Edwards, Tony FIasco, Ron Selstai, and Dennis Hall Also
present City Clerk, Wanda Sang, City Administrator, Hobert Middaugh,
City Attorney, Kathryn Schroeder, City Treasurer, Jim Malone, Director
of Planning, Glen Gidley, Chief of Police, Jack Hurst, Director of
Parks, Gary Wardle, Director of Public Worvs, Bob Goebel, staff, and
interested citizens
APPROVAL OF MINUTES of July 2b, 1993
Motion by Mr Eafanti for the approval of the Minutes of July 26, 1993,
seconded by Vance Edwards, carried 8-0
PROCLAMATIONS AND CEREMONIES
Mayor Winger presented Proclamation for John Bandimere, Sr , he was
accepted into the International Drag Race Hall of Fame, it was accepted
by John Bandimere, Jr
CITIZENS' RIGHTS TO SPEAK
City Clerk, Wanda Sang, read an announcement into the record from Wheat
Ridge United Neighborhoods There will be an Election Forum on Monday,
September 20, 1993 at 7 30 p m in the Wheat Riige Municipal Building
All can1idates for public office in the rity are invited to participate
Ken Siler, 3940 Allison Street, was sworn in by the Mayor, he read his
letter into the record, which states that Ron Selstad and Vance Edwards
held a Town Meeting in the Wheat Ridge Municipal Building Council
Chambers on July 21, 1993 at 7 00 p m He contends that this was not a
town meeting, but a politically motivated meeting from Councilmembers
for District 1 He asked for equal time to hold a District 11 meeting
un October 13, 1993 at 7 00 p m in Council Chambers
Mr Middaugh will provide a copy of Council Policy on the use of public
buildings
Dan Wilde, 3~96 Ingalls Street, was sworn in by the Mayor, he reminded
everyone of the upcoming Wheat Ridge Carnation Festival He praised
Jack Prose, John Eckert and the Parks people for all their diligent
work He stated that they would not ask Council for the $4,000 budgeted
for the Carnation Festival, the committee has enough funds, put the
money back into the general fund
CITY COUNcIL MINUTES
August 9, 1993
Page -2-
Sam Barnhill, 14050 Crabapple Place, Golden, was sworn in by they Mayor,
he asked that a small rectangular plot of 92x130 ft be disconnected from
the City of Wheat Ridge, this is strictly a family matter anrl not
related to anything going on with the frontage roads
Mr Piidjaugh explained that this had been tabled earlier in the year
Motion by Mr Selstad to remove the question of disconnection from the
table, seconded by Phil Edwards, carried 6-2 with Mr Davis and Mr
FIasco voting no
Motion by Mr Selstad to put this on the Agenda for August 23 for first
reading, seconded by Vance Edwards
Mr Middaugh stated that we might not be able to act upon this as
quickly as this It may need to be published again Details must be
worked out
Mrs Brougham asked for a friendly amendment that Mr Barnhill be kept
informed and notified of all proceedings
Mr FIasco moved to amend the motion to allow Mr Middaugh and the City
Attorney to come up with all the necessary details, do it right,
seconded by Phil Edwards, failed 4-4 with Councilmembers Eafanti, Hall,
FIasco, Phil Edwards voting yes Mayor winger broke the tie by voting
yes Motion carried 5-4
Original Motion as amended carried 8-0 along with Mrs Brougham's
friendly amendment
State Representative Moe Keller, 4325 Iris Street, was sworn in by the
Mayor, she handed out copies of the Governor's 14-point plan upon which
he is basing the Special Legislative Session, which will begin September
7 She is asking each of Council to go through this memo and give her
back comments and suggestions from a Wheat Ridge point of view what will
work and not work A response form is included, either use the form or
call her with comments
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1
Application for a new Hotel & Restaurant Liquor License with
extended hours by Hotel Payroll Services, Inc , rlba "Tabor Lake
Inn", 12100 w 44th Avenue, wheat Ridge
(To be continuerl at City's request)
City Clerk, Wanda Sang, explained that there was a problem with the
manager registration and asked that this item be continued until the
applicant could clarify the manager status
Motion by Phil Edwards to continue the public hearing fur Tabor Lake Inn
until the statues of the manager has been clarified by the owner of the
company or the application has been amended, seconded by Mr Selstad,
carried 8-0
r:ITY COUNCIL MINUTES
August 9,1993
Page -3-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2
Council Bill 1b - An Ordinance providing for the approval of
rezoning from Agricultural-One to Commercial-One Zone District
for property located at 11790 West 44t~ Avenue, City of Wheat
Ridge, r:ounty of Jefferson, State of r:olorado
(Case No WZ-93-2) (Dennis and r:heryl Hoefer)
Council Bill 18 was introduced by Phil tdwards, title read by the Clerk,
Ordinance No 932 assigned
Mr Middaugh and hr Gidley presented the staff report and answered
Council's questions
Kenneth Hope, 6Sb5 S Bates Street, attorney for the applicant, was
sworn in by the Mayor, he asked for approval of the rezoning and the
requested variance, was concerned about the dedication requirements
suggested by staff, with respect to the variance request, applicant has
agreed to all landscapin~ requirements asked for by the City, with the
exception of the chain link fence that is needed to keep intruders out
of his property
Dennis Hoefer, 3802 Simms Court, applicant, was sworn in by they Mayor
He stated they would keep the old trees on the outside of the fence
Motion by Phil Edwards that rase No WZ-93-2, a request for rezoning
from A-1 to C-1 for property located at 11790 West 44th Avenue, be
approved for the following reasons 1 That the change of zoning is
generally in conformance with the City of Wheat Ridge Comprehensive
Plan, 2 The proposal is compatible with adjacent zoning and land use,
and 3 The criteria used to evaluate a zone change support approval of
this request With the following conditions 1 Development of the
property be consistent with staff's Exhibit B, 2 The retaining wall at
the intersection of West 44th Avenue and Tabor Street be removed by t~e
City, 3 That the 15 ft street dedication be waived and held in
abeyance until a later date when the property is developed, seconded by
Mr Davis
Mrs Brougham asked for an amendment t~at Exhibit B show the existing 2
trees to make sure they are going to stay there
Mr Edwards accepted this as a friendly amendment
Motion carried 8-0
Motion by Phil Edwards that the request for a variance to the outdoor
storage screening requirement for property located at 11790 West 44th
Avenue, be denied for the following reasons 1 Circumstances are nut
unique, 2 It could set a precedent for similar requests, and 3 Staff
recommends denial, seconded by Vance Edwards
Mr Selstad will vote against this, the street will be 25 or 23 feet
wide, there will be snow and ice buiLd-up, it wouJ d Jool<.. a lot better
and function a lot better if we allow the chain link fence
CITY COUNC[L MINUTtS
August 9, 1993
Page _1)_
Mr Gavis will vote against this for security reasons and the tunnel
effect
Phil Edwards made the motion, but he feels this shouli be a chain link
fence
Motion by Mr Selstad to amend to approve the variance because of our
concerns with the tunnel effect and security reasons, but that there be
no barbed wire along 44th Avenue, seconded by Mr Davis
Phil Edwards made a friendly amendment that this barbed wire not come
within 50 ft of 44th Avenue along the West fence
This was accepted as a friendly amendment
Mr FIasco will vote against this, outside storage should not be seen,
this is our law
Vance Edwards will vote against this, people do not want storage to be
visible
Motion failed 4-4 with councilmembers Eafanti, Davis, Selstad, and Phil
Edwards voting yes r:ity Attorney stated that a variance vote needs 6
votes Amendment failed
Original Motion to deny the variance carried 6-2 with Mr Selstad and
Phil Edwards v~ting no
Item 3
A
Council Bill 19 - An Ordinance vacating an unnamed North/South
Street between Hoyt Street and Independence r:ourt (a k a
Independence Place) and between west 38th and west 39th Avenues
and adjacent to 9550 West 39th Avenue, within the City of wheat
Ridge, County of Jefferson, State of Colorado
(Douglas E and 3andra L Jackson)
Souncil Bill 19 was introduced on second reading bv Vance Edwards, title
read by the Clerk, Ordinance No 933 assigned
Mr Middaugh and Mr Giiley presented the staff report and answered
:ouncil's questions
Albert Trujillo, 3894 Independence Court, was sworn in by the Mavor, he
stated that if a street were to be built, it would create a very
dangerous intersection He has no problem with the walk path
Motion by Vance Edwards that "ouncil Bill 19, a request for approval of
a vacation of one parcel of right-of-way, be approved for the following
~easons 1 The extension of ~est 39th Avenue is impossible without
condemnation 2 No properties will be landlocked 3 Staff ani
Planning Commission recommend approval With the following conditions
1 A utility and maintenance easement be reserved over the entire width
of Parcell with a walKway easement over the north 25 feet, 2 City
Staff pursue obtaining walkway easements on the parcels to the west
which have already been vacated, seconded by Mrs Bruugham
CITY COUNCIL MINUTES
August 9, 1993
Page -5-
Motion to amend by Mrs Brougham that the east/west right-of-way be
deleted from this ~arcel and the legal description be re-written, so
that this be part of parcel 2, seconded by Mr Davis, carried 5-3 with
Council members FIasco, Vance Edwards, and Phil Edwards voting no
Original Motion as amended carried 8-0
B
r:ouncil Bill 20 - An Ordinance vacating a portion of west 39th
Avenue adjacent to 9550 West 39th Avenue and West of Hoyt
Court, within the City of Wheat Ridge, County of Jefferson,
State of Colorado
(Douglas E and Sandra L Jackson)
Council Bill 20 was introduced by Vance Edwards, title read by the
Clerk, Ordinance No 934 assigned
Motion by Vance Edwards that rouncil Bill 20, a request for approval of
a vacation of one unused parcel of right-of-way, be approved for the
following reasons 1 The extension of west 39th Avenue is impossible
without condemnation 2 No properties will be landlocked 3 Staff
and Planning r:ommission recommend approval With the following
conditions 1 A utility, maintenance and walkway easement be reserved
over the entire width of parcels 2, 3 and 4 2 City Staff pursue
obtaining walkway easements on the parcels to the west which have
already been vacated, seconded by Mr Davis Mr Hall asked for a
friendly amendment that the legal description be changed to include the
area discussed in :ouncil Bill 19 This was accepted by motion-maker
and second Motion carried 6-2 with Mrs Brougham and Mr Selstad
voting no
~
\,
Council Bill 21 - An Ordinance vacating a portion of West 39th
Avenue between Hoyt Court and Independence Court (a k a
Independence Place) in the Rose Haven Subdivision adjacent to
3900 Independence Court, within the rity of Wheat Ridge, County
of Jefferson, State of Colorado
r:ouncil Bill 21 was introduced on second reading by Vance Edwards, title
read by the Clerk, Ordinance No 935 assigned
Motion by Vance Edwards that Council Bill 21, a request for approval of
a vacation of one unused parcel of right-of-way, be approved for the
following reasons 1 The extension of West 39th Avenue is impossible
without condemnation 2 No properties will be landlocked 3 Staff
and Planning commission recommend approval With the following
conditions 1 A utility, maintenance and walkway easement be reserved
over the entire width of parcels 2, 3 and 4 2 City Staff pursue
obtaining walkway easements on the parcels to the west which have
already beeD vacated, seconded by Mr Davis, carried 6-2 with Mr
Selstad and Mrs Brougham voting no
CITY COUNCIL MINUTES
August 9, 1993
Page -6-
D
Council Bill 22 - An Ordinance vacating a portion of West 39th
Avenue adjacent to 3915 Hoyt r:ourt and west of Hoyt Court,
within the City of Wheat Ri1ge, County of Jefferson, State of
Colorado
(Elaine H McNulty)
Council Bill 22 was introduced by Vance Edwards on second reading, title
read by the Clerk, Ordinance No 936 assigned
Motion by Vance Edwards that council Bill 22, a request for approval of
a vacation of one unused parcel of right-of-way, be approved for the
following reasons 1 The extension of West 39th Avenue is impossible
without condemnation 2 No properties will be landlocked 3 Staff
and Planning Commission recommend approval With the following
conditions 1 A utility, maintenance and walkway easement be reserved
over the entire wi1th of parcels 2, 3 and 4 2 City staff pursue
obtaining walkway easements on the parcels to the west which have
already been vacated, seconded by Mr Davis
Mrs Brougham insisted that the record reflect her no votes on these
vacations The houses on Holland and Hoyt are landlocked, their only
access is 38th Avenue, Independence Court is a nightmare, it's the only
access to Everett Just because there was an error made by the County
in the 60's there is no reason to exacerbate this error
Mr Selstad agrees with Mrs Brougham, parcel one is okay, but not the
other three
Motion carried 6-2 with Councilmembers Selstad and Brougham voting no
Mayor Winger will veto parcels two, three and four
ORDINANCES ON FIRST READING
Item 4
Council Bill 23 - An Ordinance providing for the approval of
rezoning from Agricultural-One (A-1) and Residential-Three
(R-3) to Residential-Two (R-2) on land located at 10800 West
45th Avenue, r:ity of Wheat Ridge, County of Jefferson, State of
Colorado
(Case No WZ-93-6) (R & J Associates)
Council Bill 23 was introduced by Mr Selstad on first reading, title
read by the Clerk
Motion by Mr Selstad that "ouncil Bill ~3 be approved on first
reading, ordered published, public hearing be set for Monday, September
13, 1993 at 7 30 p m in r:ity Council Chambers, Municipal Gldg , and if
approved on second reading, take effect 15 days 3fter final publication,
seconded by Mr hall, carried 0-0
CITY COUNr:lL MINUTES
AugU'3t 9, 1993
Page -7-
Item 5
rouncil Bill 24 - An Oriinance vacating an unu3ed portion of
OWAns StrAet bAtween West 44th Place and West 45th Avenue
wit~in the City of Wheat Ri1ge, County of Jefferson, State of
Colorado
(Case No WV-93-1U)
Council Bill 24 was introduced by Vance E1wards on first reading, title
read by the Clerk
Motion by Vance Edwards that ~ouncil Bill 24 be approved on first
reading, ordered publishe1, public hearing be set for Munday, September
13, 1993 at 7 30 p m in r:ity Council r:hambers, Municipal Bldg , and if
approved on second reading, take effect 15 days after final publication,
seconded by Mr Hall, carried 8-u
Item 6
Council Bill 2~ - An Ordinance vacating an unused portion of
West 32nd Avenue between Kipling Street and Simms Street within
the City of wheat Ridge. County of Jefferson, State of
r:olorado
(Case No WV-93-6)
Council Bill 25 was introduce1 by Mrs Brougham on first reading, title
rea1 by the r:lerk
Motion by Mrs Brougham that ~ouncil Bill 25 be approved on first
reading, ordered published. public hearing be set for Monday, September
27. 1993 at 7 30 p m in rity Council Chambers, hunicipal Bldg , and if
approved on second reading, take effect 15 days after final pUblication,
seconded by Vance Edwards, carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 7
Resolution 1357 - Formation of a BusinAss Gevelopment
r:omrn 1.s s ion
Resolution 13~7 was introduced by Vance tdwards, title read by the
Clerk
Mr Middaugh explained that this Resolution was prepared at City
Council's request This Commission will serve as a key part of a
busines'3 development program for the City of Wheat Ridge There shall
be 8 nembers, two from each District, serving staggered terms
Motion by Vance Edwards to ad1 term limits of four 2-year consecutive
term'3, 3e0Jnded by Phil Edwards, carried 7-1 l.Jith Ivlr Davis voting no
Motion by Vance Edwards fJr the adoption of Resolution 1357 as amende1,
seconded by Phi] Edwards, carried 8-0
CITY COUNCIL MINUTES
August 9, 1993
Page -3-
Item 8
Resolution 13bO - authorizing the City of W~eat Ridge to enter
into an Intergovernmental Agreement with the County of
Jefferson in orjer to provije for t~e performance of certain
duties by the County Clerk
City Clerk, Wanda Sang, explained that this Resolution is pertaining to
t~e November 2 election, t~at will be held in conjunction with the
C":ollnty
Motion by Mr FIasco for the adoption of Resolution 1360, seconded by
Vance Edwards, carried 8-0
Item 9. Bid Award for Preventative Street Maintenance (Overlay)
Motion by Vance Edwards that the 1993 Preventive Maintenance Program
(Overlay), Project S-PSM 01-93, be awarded to Brannan Sand and Gravel in
the amount of their bid, as amended, $274,466 35 That a 2% early
completion incentive bonus in the amount of $5,490 00 be established
That a contingency/force account for unforeseen circumstances and
purchase of aggregate shoulder material in the amount of $30,447 00 be
established That $5,500 be transferred from Capital Improvements
Account 30-303-875, West 38th Avenue, Wadsworth to r:ody, to Equipment
Fund 57-610-807, that a tail gate spreader be purchased in an amount not
to exceed $5,500 and t~at costs associated with purchase of t~e tail
gate spreader be charged to the equipment account That $46,500 be
transferred from Capital Improvements Account 30-303-875, West 38th
Avenue, Wadsworth to Cody, to Capital Improvements Account 30-303-884,
Preventive Maintenance That the Director of Public Works be authorized
to issue c~ange orders up to the total amount of the contract and
contingency/force account and that the total project cost of $310,403 35
be charged to Capital Improvement Fund Account 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, Series of 1989, 1 further move that the section of street
along 38th Avenue, the milling be done during the day time, seconded by
Phil [,dwards
Motion by Mr FIasco to amend the motion that that Section on 32nd
Avenue also be done during daylight hours as much as possible and that
staff look at it very carefully Motion died for lack of second
Motion carried 8-0
Item 10 Bid Award for Concrete Rehabilitation Program
Motion by Phil Edwards that the 1993 r:oncrete Rehabilitation Program,
Project M-CGS-93, be awarded to Stackholm Development and Construction
in the amount of their bid, $lb7,856 40 That a 2% early completion
incentive bonus in t~e amount of $3,358 00 be established That a 5%
force account/contingency in the amount of $8,393 00 be established
CIT~ COUNCIL MINlTLS
August 9, 1993
Page -9-
That $2,600 00 be transferred from Conservation Trust Fund Account
54-601-877 to Capital Improvements Fund Account 30-303-842, Curb, Gutter
and Sidewalk Program That $50,000 00 be transferred from Capital
Improvements Fund Account 30-303-844, Accessibility/Repair, to capital
Improvements Fund Account 30-303-842, r:urb, Gutter and 3idewalk program
That $30,000 00 be transferred from rapital Improvements Fund Account
30-303-875, West 38th Avenue, Wadsworth to r:odv, to capital Improvements
Fund Account 30-303-b41, Curb, Gutter and SidewalK Program That the
Director of Public Works be authorized to issue change orders up to the
total amount of the contract and contingency/force account and that the
total project cost of $182,207 40 be paid from r:apital Improvement fund
ACCOllnt 30-303-842, Curb, Gutter and Sidewalk Program That the funds
be encumbered for the length of the project which expressly allows the
expenditure of funds in 1994 for tis project in accordance with
Ordinance #787, Series of 1989, seconded by Vance Edwards, carried 8-0
Item 11 Property Acquisition at 9130 W 44th Avenue
Mr Middaugh advised Council that the property in question is currently
in the process of being sold If the r:ity is interested in acquiring it
from the new owner, it will probably have to be done by condemnation
Open Space will only reimburse the City if this land is acquired for
park purposes, if we do not succeed, the City will be out any money that
is being spent on appraisal, etc
Motion by Mrs Brougham that the City does not pursue this property
acquisition at 9130 W 44th Avenue, seconded by Phil Edwards, tied 4-4
with Councilmembers Vance Edwards, Brougham, Selstad, and Phil Edwards
voting yes Mayor Winger broke the tie by voting no Motion failed
5-4
Motion by Mr FIasco that $6,400 be transferred from Acct No
01-102-795, r:ity Council Unallocated Fund, to Acct No 01-601-750,
Professional Services, to secure an appraisal, survey, environmental
hazard assessment and title commitment for the property located at 9130
~ 44th Avenue, seconded by Mr Hall, failed 4-4 with r:ouncilmembers
Eafanti, Hall, Davis, and FIasco voting yes
Motion by Mrs Brougham to suspend the Rules and go past 11 00 pm,
seconded by Phil Edwards, failed 5-3 with Councilmembers Davis, Selstad,
and FIasco voting no (A vote to suspend the Rules needs a 2/3
majority)
Item 12 Amendments to the Personnel Policy for Family and Medical Leave
Act
Item 13 Motion to authorize payment of Capital Cost for Hazardous Waste
Facility
CITY CUUNCIL MINUTES
f\.IJgust 9, 1993
Pagp. -10-
Item 14 Change in ~ouncil Rules and Procedures
These Items will be heard on August 23, 1993
CITY ADMINISTRATOR'S MATTERS
Robert Middaugh reminded Council of the Speci31 Meeting on Wednesday
night Surveys are coming in and are being entered on computer
CITY ATTORNEY'S MATTERS
Kathryn Schroeder gave update on Medved and another pending legal
cas~
Motion by Mr FIasco to adjourn, seconded by Mr Hall, carried 6-2 with
Vance Edwards and Phil Edwards voting no
Meeting adjourned at 11 03 p m
" -'I
-1J-;,. L
___7 J [l.~.< ,"-
Wanda Sang,
-~
..- ' (... C 'L<
C ft y C l-~,rrz---
APPRoVtD BY CITy CUUNCIL ON AUGUST ~3, 1993 BY A VOTE OF
TO
~c__" ~ _~___'__
Ron Selstad, Council President