HomeMy WebLinkAbout02/12/1990
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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
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/\ j.<:-G~d-_
President
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