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Home My WebLink About05/14/1990 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO May 14, 1990 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Elise brougham, Kent Davis, Don Eafanti, Phil Edwards, Tony FIasco, Larry Merkl, Ron SeIstad, and Bill Shanley Also present City Clerk, wanda Sang, City Administrator, Mike Smith, City Attorney, John fJayes, Public works Director, Bob Goebel, Director of Planning & Development, Glen Gidley, for Chief of Police, Jack Hurst, Commander, Joe Cassa, staff, and interesteo citizens APPROVAL OF MINUTES of April 23, 1990 Motion by Mr Eafanti for approval of the Minutes of April 23, 1990, seconded by !vir ~;erkl, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor wilde administered the Oath of Office to newly appointed Board and Commission members Ross Westover, Leo Anderson, Edwin Hesse, Ken Siler, John Van Duzer, Frank Sanzalone and Judith DiCroce CITIZENS' RIGHTS TO SPEAK John R waldeck, 7770 W 38th Avenue, asked that the road blockade at 35th Avenue be removed for the safety and welfare of the residents in the Wheat Ridge Conoo Complex or that Council come up with another traffic solution Joseph Lederhos, 3290 Jay Street, spoke regarding our sign code, complained that businesses could not display advertising banners outside their stores, showed various pictures of signs placed outside businesses Mr Selstad stated he would make a motion regarding the sign code during elected officials matters Mayor wilde ex):-lained that the sign code was presently being studied and would come to Council for approval this Fall City Clerk, Wanda Sang, read a letter from Jeffco Citizens United into the record asking that Council turn down Resolution 1203 Motion by Nr Davis to add an Item 13 budgeted expenditure for the Carnation carried 7-1 with Mr Selstad voting No to the Agenda, regarding a Festival, seconded by Mr Merkl, CITY COUNCIL MINUTES May 14, 1990 Page -2- LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for a new ClaSS J-l - 3 2% Beer Retail License for Texaco of Colorado, Inc , eba Texaco of Colorado, Inc , Store #OY7, located at 4555 Kipling Street, wheat Rid~e, Colorado Alan Dill, attorney for the applicant WaS present and asked for approval of this license Notion by Nr Shanley to approve the application for a new J-l 3 2% Beer Retail License for Texaco of Colorado, Inc , dba Texaco of Colorado, Inc , Store #097, located at 4885 Kipling Street, wheat Ridge, Colorado, for the following reasons 1 All applications and fees required by statute have been filed and paid, 2 Notice of hearing and posting of the premises have been accomplished according to statutory requirements, 3 The applicant is entitled to occupancy of the premises by virtue of a signed lease dated April 1, 1990, 4 The officers and directors of Texaco of Colorado, Inc have been investigated and cleared by the FBI and CEI 5 The evidence adduced at the Public Hearing on Nay 14, 1990 established that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by petitions bearing 65 signatures in favor of issuance, 16 signatures in opposition, and 19 signatures evidencing no opinion and that issuance of this license is consistent with the needs of the neighborhood under consideration, seconded by Mr FIasco, carried 8-0 Item 2 Application by Sts Peter & Paul Church for a Special Events Permit Motion by Mr MerkI to approve the S):-eciaI Events Permit for Sts Peter and Paul Church, at the location of 3900 Pierce Street, Wheat Ridge, to dispense malt, vinous, and spirituous liquor and 3 2% Beer on 6/8/90 from 6 00 p m to 11 00 pm, on 6/9/YO from 4 00 p rn to 11 00 p m and on 6/19/90 from 12 00 noon to 10 00 pm, seconded by Mr FIasco, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 3 Council Bill 49 - An Ordinance providing for the approval of a Special Use Permit to allow a Residential Counseling & Treatment Center in a Restricted Commercial Zone District on land located at 6195 West 38th Avenue, City of wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-90-3) (Arapahoe House) Council Bill 49 was introduceo by hr Edwards on second reading, title read by the Clerk, Ordinance No 828 assigned Mr Gidley gave the staff report, showed overhead transparencies, and answered Council's questions CITY COUNCIL MINUTES May 14, 1990 Page -3- Patricia Tisdale, attorney for applicant, 1700 Lincoln Street, Denver, was sworn in by the Mayor, and spoke in favor of granting the Special Use Permit and answered Council's questions Dr Michael Kirby, Executive Director for Arapahoe House, 353U ~ Lehigh, Sheridan, was sworn in by the M~yor and gave background on Arapahoe House Darrell Rishell, 3530 w Lehigh, Sheridan, was sworn in by the Mayor and gave background of previous uses of this property, such as halfway house, outpatient clinic, continuing education and training program he also explained what type of clients would be housed at Arapahoe House and answered Council's questions Sam Carter, 3855 Ingalls Street, was sworn in by the Mayor, stated that he was very pleased that the outpatients had been moved from this area and since they had offered to affirm in writing that their clients were limited to 47 persons, he was in favor of approving the Special Use Permit Frank Eulberg, 6340 W 38th Avenue, Highland 'west Apartments, was sworn in by the Mayor and asked for approval of this Permit Harold Robson, 6340 W 38th Avenue, Highland West Apartments, was sworn in by the Mayor, commended the work of Arapahoe House and asked for approval of this program Stated that most of the residents of Highland West were in favor of this Speaking in opposition to the Special Use Permit and sworn in by the Mayor were R D Casey, 4754 Harlan Street, Dan fvlaho~, 6185 w 38th Avenue, Todd Lansing, 6150 w 3~th Avenue, #9, Dwight Buys, 6150 w 39th Avenue~5, Sibbie west, Box 594, Westminster Their concerns were adequate fire engine access, no co-operation regarding replacement of a fence, no specific contact person in case ot trouble, rude comments and gestures by people living there, clients or visitors smoking marijuana, tenants jumping fence instead of using gate, noise violations, inadequate parking, little room for exterior recreation Kirk Larsen, 10700 w 36th Avenue, Fire Inspector, was sworn in by the Mayor and explained the necessary access for the Fire Department and why the gate was needed Bonnie Scoma, Wheat Ridge Planning Commission, was sworn in by the Mayor and answered Council member Davis' question, regarding as to whether or not a petition had been presented to Planning Commission She answered that a petition had indeed been presented She did not recall how many signatures were on the petition CITY COUNCIL MINUTES May 14, 1990 Page -4- Motion by Mr Edwards that Council Bill 49 (Ordinance 828), a request for approval of a Special Use Permit to allow a residential substance abuse clinic in a Restricted Commercial Zone District for property located at b195 W 38th Avenue, be approved for the following reasons 1 The property is within the City of Wheat Ridge and all posting and notification requirements have been met, therefore there is jurisdiction to hear this case, 2 1he applicant has shown that the special use request is largely supported by the criteria set forth in the Zoning Ordinance for Special Use Permit review as set forth in Section 26 B With the following condition 1 The use and development shall conform with the site plan and written documentation submitted by the applicant and shall be consistent in character and operation with the testimony given by the applicant, seconded by Mr Merkl Mr Merkl askeo for an amendment to ado a condition 2 that a letter be submitted by Arapahoe House limiting the total number of beds on both properties to forty-seven, on the west property twenty-five beds and on the east property twenty-two beds Condition 3 that no out-patient services be allowed in either property in the future, seconded by Mr Davis Mrs Brougham asked that Planning Commission recommendations also be added Mr Edwards agreed to add "If it is found at some future date that demand for parking exceeds existing supply, the owner or Ieasee shall meet that demand subject to parking standards at that date or reduce the need for additional parking" Mr Davis called for the question, seconded by Mr Merkl, carried 6-2 with Mr FIasco and Mr Selstad voting No Original Motion as amended carried 6-2 with Mr Selstad and Mr FIasco voting No Motion by Mr Merkl to go past 11 00 p m ana finish the Agenda, seconded by Mr Selstad, carried 6-1 with Mr Davis voting No ORDINANCES ON FIRST READING Item 4 Council Bill 50 - An Ordinance providing for the approval of Rezoning from Hospital-One (B-1), Hospital-Two (H-2), Residential-One (R-1), Residential-Two (R-2), and Planned Commercial Development (PCD) to Planned Hospital Development (PHD), for the separately owned properties located at the following addresses 1) 8300 W 38th Avenue, 2) 8900 w 38th Avenue, 3) 5361 W 26th Avenue, City of Wheat Ridge, County of Jefferson, State 01 Colorado (Case No WZ-90-1) (City of Wheat Ridge) Council Bill 50 was introduced by Mr Eafanti on first reading, title read by Clerk Motion by Mr Eafanti that Council Bill 50 be approved on first reading, ordered published, public hearing be set for Monday, June 11, 1990 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Mr Merkl, carried 8-0 CITY COUNCIL MINUTES Item 5 ~lay 14,1990 Page -5- Council Bill 51 - An Ordinance repealing and reenacting Section 5-76 of the Code of Laws of the City of Wheat Ridge, adopting by reference the Uniform Building Code, 1988 Edition, copyright 1988, providing for certain amendments thereto, and providing penalties for violation thereof Council Bill 51 was introduced by Mr Davis on first reading, title read by Clerk Motion by Mr Davis that Council Bill 51 be approved on first reading, ordered publishea, public hearing be set for Monday, June 11, 1990 at 7 30 p m in City Council Chambers, Municipal BIdg , and if approved on second reading, take effect 15 days after final publication, secondeo by Mr Merkl, carried 8-0 Item 6 Council Bill 52 - An Orainance repealing and reenacting Sections 6-1 and 6-2 of the Code of Laws of the City of Wheat Ridge, adopting thereby the National Electric Code, 1990 Edition, by reference and adopting certain amendments thereto Council Bill 52 was introduced by Mr MerkI on first reading, title read by Clerk Motion by Mr Merkl that Council Bill 52 be approved on first reading, ordered published, public hearing be set for Monday, June 11, 1990 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Mr Eafanti, carried 8-0 Item 7 DECISIONS, RESOLUTIONS, AND MOTIONS Resolution 1198 - authorizing and Intergovernmental Agreement with the City of Arvada for the Overlay of a portion of Ridge Road between Kipling and Simms Streets Resolution 1198 was introduced by Mr Motion by Mr Merkl for the adoption Edwards, carried 8-0 Item 8 Merkl, title read by the Clerk of Resolution 1198, seconded by Mr A Resolution 1200 - amending the City of Wheat Ridge Annual Budget for the fiscal year 1990 (D ARE) B Resolution 1201 - appropriating additional sums of money in excess of amounts budgeted for the City Council of Wheat Ridge, ColoradO, for fiscal year 1990 Motion by ~jr Ridge's 1990 expenoiture, 8-0 Merkl that Resolution 1200, amending the City of Wheat Annual Budget, and Resolution 1201, appropriating funds for be approved as submitted, seconded by Mr Davis, carried CITY COUNCIL MINUTES Hay 14, 1990 PaE;e -6- ItellJ~ Resolution 1202 - authorizing an Intergovernmental Agreement with the Urban Drainage and Flood Control District (UDFCD) for expenditure of matching funds for the construction of a portion of Lena Gulch Channel Improvements Schedule V Resolution 1202 was introduced by Mr Eafanti, title reaa by the Clerk Motion by Mr Eafanti for the adoption of hesolution 1202, second eo by Mr Edwards, carried 7-1 with 1'Ir Davis voting No ItellJ 10 Resolution 1203 - approving an IntergovernllJentaI Agreement with Colorado DepartllJent of Highways for the FAUS Project on 32nd Avenue between SillJms Street and ~ipling Street Resolution 1203 was introduced by Hr MerkI, title read by the Clerk City Clerk, Wanda Sang, read the letter from Jeffco Citizens United into the recoro (This letter had been read previously under citizens' rights to speak) Motion by 1'1r Merkl for the adoption of Resolution 1203, seconded by Vir Davis Mrs Brougham will vote the letter and does not Motion carrieo 7-1 with against this Resolution because she feel this is what the citizens want Mrs Brougham voting No agrees with City Clerk, Wanda Sang, read a letter from Wheat Ridge United Neighborhoods into the recoro, which protested the use of a Consent Agenda and requested that Consent Agendas no longer be used Item 11 CONSENT AGENDA A B C D E F ResoI ution 1~04 Resol ution 1205 Resolution 1206 Resolution 1207 Resolution 1208 Resol ution 1209 (3195 ~ipling Street - Copeland) (47 Morningside Drive - Shetterly) (10340 W 32nd Ave - Mikrut) (46 Morningside Drive - Mayville) (59 Hillside Drive - Kueker) (10260 W 32nd Ave - Vigil) l'lotion by Vir Davis to adopt Resolutions 1204, 1205, 1206, 1207, 1208, 1209, as printed, seconded by hr Eafanti Mr FIasco asked that the Clerk read the titles for each of the Resolutions Council Consensus was to only read the title once and include the appropriate addresses, since all titles were identical Mrs Brougham will be voting against these Resolutions because she does not feel the citizens' questions and concerns have been answered satisfactorily Mr Selstad will be voting No, because he doesn't think the City should have the right of eminent domain in the case of street widening Motion carried 5-3 with Councilmembers Brougham, Selstad, and FIasco voting No CITY COUNCIL MINUTES May 14, 1990 Page -7- Item 12 CONSENT AGENDA A Easement for a portion of Lena Gulch Schedule V B Property Acquisition, 10001 W 32nd Avenue C Property Acquisition, 3250 Hillside Drive D Property Acquisition, 11705 W 32nd Avenue E Easement, 11705 W 32nd Avenue F Property Acquisition, 11615 W 32nd Avenue G Property Acquisition, 10701 W 32nd Avenue H Property Acquisition, 10320 W 32nd Avenue Motion by Mr Merkl to adopt the Consent Agenoa with a]l the motions as printed in the Council Packets, seconded by Mr Davis, carried 6-2 with Mrs Brougham and Mr FIasco voting No I tern 13 Motion by Mr uavis that $4,000 00 be paid from Account 01-606-799 to the Wheat Ridge Carnation Festival Committee, seconded by Mr Merkl, carried 8-0 CITY ADMINISTRATOR'S MATTERS Mike Smith will be sending out budget questionaires tomorrow CITY ATTORNEY'S MATTERS John Hayes gave litigation update, reported on Paramount Park progress Motion by Mr MerkI that if substantial work on Paramount Park is not in progress by June 1, 1990, Mr Hayes be authorized to file appropriate legal action, seconded by Mr Davis, carried 8-0 ELECTED OFFICIALS' MATTERS Larry Merkl expressed his displeasure with the Baseball Commission for not showing up tonight and asked that Mr Smith send them a letter Ron SeIstad spoke against fast-track zoning, using Arapahoe House as an exam pIe Motion by Mr Selstad to refer the matter of Sales Banners (discussed earlier under citizens' right to speak) to the Planning Commission for public hearing, seconded by Mr Shanley, carrieo 8-0 Elise Brougham asked that a Resolution be put on the June 11, 1990 Agenda regarding the purchase of recycled materials, seconded by Mr Eafanti, carried 6-2 with hr Davis and Mr Flasco voting No She asked for staff input on the 35th & Allison matter, put some backup into Agenda packet CITY COUNCIL MINUTES t'lay 14, 1990 Page -8- She asked if Council was interested in moving the Post Office to the Historical Park Wanda Sang asked how long Council wanted to save the audio tapes from City CounciJ meetings There is a storage problem We are also saving the video tapes Mr Hayes suggested that the tapes be kept for as long as possible Motion by Mr Davis to adjourn, seconded by Mr Eafanti, carried 7-1 Meeting adjourned at 11 40 p m ( i '- ' //1" L~ '. /1 /L'~ Wanda Sang, C ity' CI ~ k APPkOVED BY CITY COUNCIL ON JUNE 11, 1990 BY A VOTe OF 7 TO o ? ./ ~ .::/'" I ~. C l:- Kent Davis, Council President \ , i