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HomeMy WebLinkAbout02/12/1990 \J CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO February 1~990 The City Council Meeting was called to order ~y the Mayor at 7 3U p m Councilwewters present J:I ise liroughallJ, J<..E:nt Davis, Don Eafanti, Phil Edwards, Tony FIasco, Larry Merkl, Ron SeIstad, and bill Shanley Also present Deputy City Clerk, Christa Jones, City Administrator, hike Smith, City Attorney, John Hayes, Lirector ot flanning & Levelopment, Glen Gidley, staff, and interesteo citizens APPROVAL OF MINUTES of January 22, 199U Motion by IVtr Eafantl for the approval of tLe Minutes ot January 22,1990, se<.:onueo by ~~r herkl, carried 0-0 CITIZENS' RIGHTS TO SPEAK Jack R Van Ens, Director of hheat Ridge Chamber of Commerce, distributeu report on expenditures for economic development, that hao been given to the Chamber by the City of hheat Ridge He apologized that the Charuber had not reported to the Council sooner he stated that the Chamber would promote economic development as best as they can and hoped they coulo work closely with a contact person in the City, who would know about available sites Lee Hill, Public Service Company, 3840 Wadsworth Blvd, spoke in favor of the 20-year franchise agreement He introduced Pete West, their new north metro region manager He explaineo that the 1% money is based on the previous year's electric revenue and is available to put overhead utilities unoerground on planned City prOjects LOCAL LIQUOR LICENSING AUTHORITY MATTERS Itew 1 Application for a new Class]) - Retail Liquor Store License, for Sinh Thanh Ho and Ihich hinh Chau, aba "Happy Liquors", 4141 J<..ipling Street, hheat Ridge, ColoradO Applicants Sinh Thanh Ho and Thich hinh Chau were present ana swo~n in by the Mayor They answe~eo the Council's and City Attorney's questions Motion by Mr Edwards to approve the application for a new Class U _ hetail Liquor Store License for the partnership of Linh Thanh Ho and Thich ~iinh Chau, dba "happy Liquors", 4141 Kipling Street, hheat kidge, Colorado, for the tollowing reasons CITY CUUNCIL hINUTES February 12, 1990 Fage -2- (1) All applications and fees required by statute have been filed ana paid, (~) Notice of hearinb and posting of the prewises have been accomplished accoroing to statutory requirements, (3) The applicant will be entitled to occupancy of the premises by virtue of a signed lease dated Lecember 1~, 1909 (4) The applicants have been cleared by the Folice Department (~) The evidence adouced at the Public Hearing on February 12, 1990 establisheo that the desires of the residents of the neighborbood unoer consideration are for granting this license, as evidenced by petitions bearing --.2L-_ sibnatures ln favor of issuance --1~ sibnatures in opposition, and ~~ signatures evidencing no opinion and that issuance of this license is consistent with the needs of the neighborhood under consideration, ~lr Edwards further suggested that both parties study the liquor code book, seconded by Mr Davis Mr Davis made a friendly amenowent to incluoe as a condition that the applicants take the City Clerk's liquor sewinar ~otion maker accepteo this Motion carried 7-1 with Mrs Brougham voting No, because there were 18 signatures in opposition ana 26 had no opinion IteliJ ~ Application for a new 3 ~% Retail Beer License from Cono-Services, Inc , oba Conoco #06334, j210 Youngfield ~treet, hheat hidge, Colorauo (l-mile radius only) Motion by Mr FIasco that the neighborhooo be set at a l-ruile radius, that a survey to establish the needs ana desires of the neighborhoOd be taken, and that the public hearing on this application be held on ~arch 12,19':10, seconoeo by hr uavis, carrieu 8-0 CITY CGUNCIL ~I~UTES Fetruary 1 e:, 1990 Page -5- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING I terr,~_ Counc il L i lJ It 51 - An (;rd i nonce aUJeno i ng Sec t ior, ;"'7 ke~ulations A~~Jicable to All Listricts, of Appendix A Zoning (;rdinance, of the Lode of Laws of tbe City ot hheat Ridge hotion by hr herkl tor tbe aooption of Council bill 31 (C;roinance ho ~lb) on secono reading, seconded by ~r FIasco ~;otion by hr Selstad to aruena unoer page 15, ~ection fl to change the numbers and fuake the new first ~aragroph to reao as follows "All developllient in which construction or operation 0f a holding tank is required, shall be subject to review and finEiI a~proval by the ~Iannin6 Commission and City Council under conditional use ):-rovisions of Section 26 A of the Zoning Code ana the criteria set for in Section e:7 Hand after doing that wake the following paragraphs 2, 3, and 4 instead of 1, 2, 3, seconded by ~r herkl, carried 8-0 John Hayes entered into the recoro a letter from barry A HUdson, Attorney at Law for the ~heat Ridge Sanitation Listrict, dated Feb S, 1Y90, which gives the general policy of the Wheat Ridge Sanitation Cistrict regarding Holding Tanks Glen Gidley gave the staff ~eport hotion to amend by hrs Brougham that on page 2S, Section (; a periOd be placed after the 1V0rd "~erwitted" and the words "except as follows" be deleteo, as well as paragraphs a b c and d" so there are no exceptions, seconded by Mr Selstad, Failed 2-6 with Councilwembers Brougham ana Selstad voting yes Motion to amend by Mrs Lrougham tbat on page 4, Section 0 (1) be removed in its entirety, dieo for Jack ot second Donald T Mullins, 5bbO h 35th Avenue, was sworn in by the hayor He 1 ives adjacent to a holoing tank The odor ewinating frolJ, this tank is so putrid that he and his family have had to leave their house This tank does not weet the requirements on page 15 of the oroinance Mr Lavis asked for consensus that the City go out and look into what it would cost to relieve this problew and what alternatives we hove to do it Consensus was 8 in favor Harry kon Lwig, 3500 Lenton Street, was sworn in by the Mayor He also spoke regarding changes that needed to be made in this Oroinance regarding holding tanks Dorothy Thon,pson, 3014 Chase Street, was S\.lOrn in by the ~ayor and read a letter from Wheat Ride United NeighborhuOdS into the record regarding suggested changes to the Ordinance CITY COUNCIL ~INUTES FebrUary 1<:',1990 Page -4- Louise Turner, 11~56 W 35th Avenue, was sworn in by the Mayor and read a letter into the record from hheat Ridge United Neighborhoods, which suggested numerous amendments to the Ordinance Karla Nostas, 350U Parfet, was sworn in by the Mayor, she asked for clarification regarding the paving of driveways and entered letters into the record that had been si~ned by some of her neighbors, which also asked for clarification regarding the pavin~ of oriveways Mr Davis called for the question, seeunued by Mr Merkl, carried 7-1 with Mrs Brougham voting No Original Motion as amendeo carried 7-1 with Mrs Lroughaw voting No I tell! 4 Council bill #3b - An Ordinance providing for the approval of rezoning trom hestricted-Commercial to Commercial-One on land located at 10601 'west 44th Avenue, City of hheat Ridge, County ot Jef'ferson, State of Coloraoo (Case No hZ-59-8) (Lauren E and J Elaine Alorich) Council Bill 35 was introduced or second reading by Mr Davis, title read by the Clerk, Ordinance No 819 assigned Mr GioIey Lave the statf reported and entered documents into the recoro Applicant Lauren Aldrich was sworn in by the Mayor and spoke in favor of his application Motion by Mrs brougham that Council Bill 38, a request for approval of a rezoning from Restricted Commercial to Commercial-One, be denied for the following reasons 1 The rezoning is not in conformance with the neighborhood commercial designation on the Comprehensive Plan 2 There could be adverse impacts on the surrounding area because of the increaseo need for parking 3 The Commercial-One zoning designation would allow uses more intensive than adjacent allowed land uses 4 The site plan provided by the applicant does not provide parking which complies with the 'wheat Ridge Parking requirements, seconded by Mr fIasco failed ~-6 with Mrs Brougham and Mr FIasco voting yes Motion by Mr Lavis tbat Council Bill 38 (Ordinance 519), a request for approval of a rezoning from kestricteo Commercial to Commercial-One be approved for the following reasons The property is in the City of Wheat Rioge ~ All notification and posting requirewents have been met With tbe following conditions 1 Total retail sales be limited t '),000 square feet 2 The applicant must acquire the property to the west for the purpose of adding 25 additional parking spaces CITY C0GNCIL ~I~GTES February 12, 1990 Page -~- 3 All C-1 uses be alloweo exce~t the following A No auto body, painting or mechanical repair be allowed, B No outside storage be allowed, C No car washes be allowed, and D No sales or rental lots for automobiles, trucks, boats, recreational vehicles, trailers or motorcycles shall be alloweo 4 The parking lot be striped, 5 Five street trees be ~lanted, 6 That a drive be established around the building when the property on the west has been obtained that would inclUded 25 aOditional parking s~aces, seconoeo by Mr Shanley Mr FIasco moved for an amendment that an adoitionaI stipulation be that at no time now or in the tuture that any more retail sales be allowed in the building tllat would meet the required parking ordinances, seconoed by hrs brougham Chair called for the question Motion failed j-5 with hr Eafanti, hrs brougham, and Mr FIasco voting yes Original Motion carried 7-1 with Mrs Brougham voting No Item 5 Council Bill lf39 - An Ordinance provioing for the 8):-proval of rezoning from Agricultural-One to hestricted Commercial-One on lano located at 9830 west 44th Avenue, City of ~heat kidge, County of Jefferson, ~tate of Colorado (Case No WZ-89-9) (Swiss Enterprises - James & Marta haas) Council Bill 39 was introduced by Mr Eafanti on second reading, title reao by the Clerk, Grdinance No 820 assigned Edward Peterson, 7500 h Mississi~pi Avenue, Lakewooo, representing the applicant, was sworn in by the Mayor and answered Council's questions Moe Keller, 4325 Iris Street, was sworn in by the Mayor and spoke in favor or-this project She stateo that the neighbors WOUld prefer that there be no access frow this site to 43ro Avenue or Iris Court She also questioned what kind of lighting would be provioed and woulo the lighting encroach on the neighborhOOd Motion by Mr Eafanti that Council Bill 3Y (Oroinance 820), a request for approval ot a rezoning frow A-l to RC-l tor ~roperty located at 9830 W 44th Avenue, be approved for the following reasons 1 lhe property is within the City of Wheat hidge and all posting and notitication requirements have been met, therefore there is jurisdiction to hear this case, 2 Evidence clearly inoicates a change in tlJE character of this neighborhood has occurreo and is supported by finoings, and 3 That an RC-1 use would be a oesirable buffer use between residential and commercial zoning CITY COUNCIL ~INUTS~ February 12, 1 YSO Pabe -0- ~ith the followinb condition 1 A six foot high solid wall or fence, ana a row of evergreen trees shall be jJIaceo along the south, east, and west edbes of the kC-1 zone to buffer adjacent residential from commercial activity, second ed b} ~ir S ha n 1 ey, ca rr i ed 0-0 ORDINANCES ON FIRST READING I terIJ b Council Bill #40 - An Oroinance repealing ana reenacting the provisions of Section 2-b2(c) Political Activity, of the Code of Laws ot the City of Wheat Ridge Council Bill 40 was introouced by Mr ~erkl on first reaoing, title reao by Clerk ~otion by Mr ~erkl that Council bill 40 be approveo on first reCiding, oroered published, public hearing be set for honoCiY, March 1~, 1990 at 7 ~o p m in City Council Chambers, hunicijJal Lldg , and if approved on secono reaoing, take effect 1 oay after finCiI publication, secondeu by Mr Davis, carried b-O I tenJ 7 Council Bill #41 - An Ordinance amending Section ~-~3(e) of the LOde of LCiWS of the City ot Wheat hidge, Colorado by establishing a minimum seventy-five percent (75%) attenoance rate for members of apjJointea Boaros and Commissions within the City ot Wheat kiuge, Colorado Council bill 41 was introduced by hr Selstad on first reading, title read by Clerk Motion by Mr Selstad that Council bill 41 be approved on first reading, ordereo published, public hearing be set for Monday, March 12, 1990 at 7 30 p m in City Council Chambers, Municipal blag , and it approved on second reading, take effect 1') days after final publication, seconded by Mr Shanley, carried 7-1 with ~r Davis voting No Item 8 Council Bill #42 - An Ordinance repealing ana reenacting Section 2-55 of the Code of the City of ~heat kidge, Colorado pertaining to the duties of the Personnel Cowwission Council Bill 42 was introduceo by hr Lavis on first reaoing, title read by Clerk Motion by Mr Lavis that Council Bill 42 be approved on first reading, ordered jJublished, public bearing be set for Monday, March 12, 1990 at 7 30 jJ m in City Council Chambers, MunicijJaI Blog , and if approveo on secono reaoing, take effect 1 day after final publication, seconded b} Mr Merkl l-,otion by hr Selstad that unoer oection (gl it read "ArLetJoments tu the personnel policies and procedures shall be adojJteo by a majority vote of the City Council" insteau of personnel cowmission, seconoeo by hrs brougham, carried 5-3 with Councilmembers Lavis, ~erkl, and Shanley votin6 No Original Motion as amended carrieo 8-0 CITY CUU~CIL hINUTL~ February 12, 1<190 Pa!oe -7- Item~ Council bill 1;44 - An Ordinance eJniending Section 26 tions, of A~pendix A Zoning Ordinance, of the COde the City of ~heat hidge L:efini- ot Laws of Council Bill 44 was introduceo by hr PerkI on first reading, title read by Clerk Motion by Mr FIasco that Council Bill 44 be ap~roved on first reading, ordered published, ~ublic hearing be set for ~onday, February 26, 1990 at 7 30 p m in City Council Chambers, Municipal Sldg , and if approved on second reading, take effect 15 days after final publication, seconded by ~r FIasco, carried 8-0 Item 10 Council Bill #45 - An Ordinance amending Sections 1, 2 and 3 and repealing Sections 23 1, 27 3, 30 , and 30 1, of Appendix A Zoning Oroinance, of the Code of Laws of the City of wheat Ridge Council Bill 45 was introduced by Mr Davis on tirst reading, title read by Clerk Motion by Mr Davis that Council Bill 45 be approved on first reading, oroereo publisheo, ~ublic hearing be set tor Monday, February 26, 19':>U at 7 30 p w in City Council Chambers, Municipal Sldg , and if ap~roved on second reaoing, take effect 15 oays after final publication, seconoeo by ~ r ~Ierkl, carried (S-U Itew 11 Council Bill #46 - An Oroinance amending the provisions of Chapter 26 of the Code ot LCiws of the City of hheat Ridge, hereafter referred to as the Zoning Code of the City of ~heat Ridge, and provioing for the alternative enforcement methOds of civil entorcement ['or violations of saio Cooe, or criminal enforcement, includin!o penalties to be assessed thereunder Council Bill 46 was intrOduced by Mr Shanley on tirst reading, title read by Clerk Motion by Mr Shanley that Council Bill 46 be ap~roved on first reading, ordered ~ublishea, public hearing be set for Monday, February 26,1990 at 730 p ITI in City Council Chambers, hunicipal BIdg , and if approvea on second reading, take effect 15 days after final publication, seconded by Pr Davis, carried 8-U DECISIONS, RESOLUTIONS AND MOTIONS Item-1L Resolution #1184 - A Resolution declaring the intent of the City of Wheat hidge to acquire the real property at 7150 'west 38th Avenue, Wheat hidge, Colorado in fee simple, from the present owners thereof for the public purpose of com~leting the hest 36th Avenue Street improvenJents conten:pIated by the City, further authorizinb the undertaking of goo 0 faith negotiations to acquire said property, and further authorizing the initiation of an action in eminent oowain to acquire said property in the event good faith negotiations do not result in an agreement to acquire saio property hesoIution llb4 was introduceo by Mr FIasco, title read by the Clerk CITY COUNCIL r',.IliU1L::" r ebrU3ry 12, 1990 Page -8- ~iotion by hr by hr uavi<;, fIasco for the aOoption ot carried 8-0 HesoIution 1104, secondeo ~otion by hr Merkl to authorize the City Attorney to purchase 7150 west 38th Avenue on behalf of the City for the amount of $74,000 to be chargeo to Acct No 30-303-873, secondeo by hr 5elstao, carried b-O Item 13 ~,otion by Mr fIasco that Lakewood's right-of-way agent be authorized to begin right-of-way and easement negotiations with property owners along the west 32no Avenue corridor, seconded by hr Davis, carried 0-0 Item 14 Motion by Mr Shanley to adopt the City of wheat hidge Personnel Policies and Procedures with the following changes On page 41, 10 it read "All City employees are required to take annual vacation of five consecutive "days" at least once each twelve month periOd, instead of "workdays" On page 42, 4 it read "Sick leave accrual is unlimited to all current employees All employees hired after 2/12/90 are limited to an accrual ot 4bO hours Seconded by hr Edwards Motion by Mr Merkl to ameno to insert on Page 44 unoer ItelfJ 14 the present l\uIes This was accepted as friendly amenoment hr rlasco will vote No on the amendment regaroing five days vacation days because this does not agree with the spirit of the discussion at the ~tuoy Session Motion by Mr SeIstad to suspend the hules and go past 11 00 pm, secondeo by hr Davis, carried 8-0 Motion by Mr FIasco to leave sick leave as printeo in this packet, seconded by Mrs Brougham, railed 2-6 with Mrs Brougham and Mr FIasco voting yes Motion by ~irs brougham, on page 40, Section A to put it back as it was recommended by the Personnel Commission to read "11 through 15 year inclusive be 12 hours earned per month and 144 hours earned per year, and 16 years and over 14 hours earned per month and 168 hours earned per year Died for lack of second f'ir Davis calleo for the question, secondeo by ~:r herkl, carrieo 8-0 Original hot ion as amendeu carried 0-0 CIrl LCUNLIL hI~UTES FeLruary 1,::>, l~Su Page -9- Item 15 hotion by ~r Davis that the 1990 agreement for sales/use taX audit professional services between the City ot' wheat Ridbe and Spicer & Gppenheim, Certified Public Accountants be approveo, seconded by hr Merkl, carried 0-0 Item 16. CONSENT AGENDA All Bid Awards have been budgeted A bid award for 199U one ton truck for traffic signal maintenance ~otion that Phil Long Ford be awarded the purchase of a 1990 one-ton truck with options for the amount of $18,8b~ and that all costs be charged to Acct No 304-807 b Bid award for purchase of hot water pressure washer ~;otion that Jordan HiLh Pressure washer Corporation be awarded the purchase ot a Hot Water Pressure has her in the amount of their bid of $3,217 and that the amount be charged to Acct No b03-809 C bid a war d for pur c bas e 0 fro tar y IT,O win gun i t Motion that Colorado General Equipwent Cowpany, Inc be awarded the purchase at a Notary ~owing Unit in the amount of their bio of $3'(,j30 and that the amount be charged to Acct No 603-807 D Bid awaro for annual maintenance of communication equipment for all City Departments Motion that STi Mobile Communications be awarded an annual renewable contract for communication equipment maintenance in the amount of their bid of $12,096 subject to the adoition ana deletion ot' equipment through the year, with all costs to be charged to various departmental other equipment maintenance accounts E Motion to authorize payment of $2,504 90 as our 1990 contribution to Jefferson County hazardOUS Substance Response Authority, frow Account #01-124-704 F Motion to approve payment of Operating Costs to the Jefferson Animal Shelter in the amount of $10,924 99 from Account #01-bl0-721 G ~otion to ratity the appointments of Michael Scarafiotti and hoe Keller to ELAhC Ii Motion to re-appoint Ruth hichardson to the Richards-Hart Estate Advisory Committee fur a 3 year term enoing ~arch 2, 1993 CITY CGUNCIL hINUT~S February 1<:', 1;;90 Page -lu- Motion by Mr Merkl to approve the Consent Agenda ~s printed, seconded by Mr Lavis ~otion by Mr FIasco to vote on A separately Mr MerkI's motion b through H carried 6-0 A Motion by Mr FIasco to purchase the truck without the air conditioner, seconded by Mr Merkl, Failed 3-5 with CounciImembers MerkI, Eafanti, and FIasco voting No Motion by Mr Shanley for approval of A as printed, seconded by Mr ~elstad, carried 6-2 with Mr FIasco and ~r Merkl voting No CITY ADMINISTRATOR MATTERS Mike Smith inquired as to when Council wished to hold the March Study Session I'iotion by hr secondeo by voting No I",erld to set the March Study Session for I'iarch 19,19<,)0, Mr hafanti, carried 6-~ with ~r FIasco and Mr Davis CITY ATTORNEY'S MATTERS John Hayes stated he Lad three liJatters to reIJort to Council, they need eo to be addressed in an hxecutive Session under Section 5 7(b)(1)(A) and 5 7(b)3 of the Charter Mr Merkl moved that we hold an Executive Session unoer these Sections after ~lectedOfficials Matters, seconded by ~lr Eowards, carried 8-0 ELECTED OFFICIALS' MATTERS Kent uavis was displeased with the editorial in the last Sentinel urging people to vote against the Public Service Franchise If this is the kind of representation the City gets trom our paper of record, maybe we should check into some other publications arouno Jefferson County to see if we can use some other newspaper for our publication He asked for Council Consensus 6 Councilmembers were in favor Larry Merkl stated if the Public Service Franchise is voted down tomorrow, we lose the undergrounding on 38th Avenue He distributed the policy positions that CML took Friday on various issues and offered to answer any questions on these 1I,atters Resolution from Tony FIasco to support Norma Anderson's amenoments to H B 1174 Mr FIasco gave tackbround on his reasons for intrOducing this HesoIution Resolution 1186 was introduceo by Mr FIasco, title Motion by Mr FIasco tor the adoption of Resolution v'r EOI-Jards, carried 6-2 with !.,rs broUbham and l'!r read by the Clerk 1186, second eo by Selstao votinb No CITY C0U~CIL hINUThS February 12, 1 ~9U Pabe -11- Tony FIasco aovised Council of another pending bill before the lebislature that would be of interest to the City He also reported on a ~eetin6 with Pat Schroeder that he ana hao attenoeo rebaroing zip cooes her advise was to work on Senators so that we coulo bet a Senator to carry ttis for us everybody to contact their Senators John our he Layes urbed ~otion by Mr Merkl that we adjourn imwediateIy after the hxecutive Session, seconded by I';r Edwards, carrieo b-U EXECUTIVE SESSION WAS HELD Meeting adjourned at 12 10 a m --~;~ Kent Davis, Council ChCi~ ~itYC["'k APPRGVEL BY GITY CGUNCIL ON FEBRUARY 26, 1990 BY A ~OTE OF 1 I /\ j.<:-G~d-_ President 8 TO o