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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