HomeMy WebLinkAbout02/22/1993 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO February 22, 1993 The rity rouncil Meeting was called to order by t~e Mayor at 7 30 p m rouncilmembers present Elise Brougham, Kent Davi~, Don Eafanti, Phil Edwards, Vance Edwards, Tony FIasco, Ron Selstad, and Bill S~anley Also present rity rlerk, Wanda Sang, rity Administrator, Robert Middaugh, rity Attornev, John Hayes, rity Treasurer, Jim Malone, Director of Planning, Glen Gidley, Director of Parks, Gary ~ardle, staff, and interested citizens APPROVAL OF MINUTES of February 8, 1993 Motion by Mr Eafanti for t~e approval of the Minutes of Februarv 8, 1993, seconded by Mr Davis, carried 8-0 CITIZENS' RIGHTS TO SPEAK City rlerk, Wanda Sang, read a letter into the record from Jerry DiTullio, in which ~e questioned the necessity for a volunteer commission to oversee political campaigns in Wheat Ridge rity Attorney, John Hayes, explained that the Liquor Violation Hearing on Prk and Pik Liquors had been continued for 2 weeks to allow a disposition to be submitted to t~e Authority PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 3 - An Ordinance providing for the approval of rezoning from Restricted-rommercial to Commercial-One on land located at 9900 West 44th Avenue, rity of Wheat Ridge, County of Jefferson, State of rolorado (rase No WZ-92-10) (Jim Hailey) rouncil Bill 3 was introduced on second reading by Vance Edwards, title read by Clerk, Ordinance No 920 assigned Mr Middaug~ explained that this property is currently zoned R-3 and the request is to have the property rezoned to C-1 The applicant does not plan to change the current use of a veterinary clinic at this point in time Approval has been recommended by staff and Planning rommission Mr Gidley presented t~e staff report and answered rouncil's questions Dr Jim Hailey, 5529 S ~illow Springs Drive, Morrison, applicant, was sworn in by the Mayor and asked for approval rITY rOUNrIL MINUTES February 22, 1993 Page -2- Motion by Vanc~ Edwards t~at rouncil Sill 3 (Ordinance 920), a request for approval of a r~zoning from Restricted-rommercial to ~omtJJercial-One for property located at 9900 ~est 44th Av~nue, be approved for the following reasons 1 The proposed rezoning is compatibl~ with t~e adjacent zoning and land use and it is consistent with the romprehensive Plan, and 2 The criteria used to justify a rezoning support approval of this request, and 3 Planning rommi~sion and staff recommend approval, s~conded by Mr Shanley, carried 7-1 with Mrs Brougham voting No Item 2 rouncil Bill 4 - An Ordinance providing for the approval of rezoning from Restricted-rommercial and Agricultural-One to Commercial-One and for approval of an Official D~velopment Plan on land located at 11808 West 44t~ Av~nue, rity of Wheat Ridge, county of Jefferson, State of rolorado (Case No WZ-92-12) (Alexis Investments) rouncil Bill 4 was introduced by Phil Edwards on second reading, title read by the rlerk, Ordinance No 921 assigned Mr Middaugh explained that th~ parcel in question is currently zoned A-1, R-r, and r-1 The request is to have th~ entire parcel rezoned to a r-1 classification T~ere has also been a request that the landscaping requirements be waived Council will be presented various options for motions Mrs Brougham complained t~at the Planning Commission Minutes were not attached to the staff r~port and she r~quested that rouncil ~ave those Minutes prior to proceeding with this case Mr Shanley asked for consensus to proceed with the hearing without the Planning rommission hinutes Consensus was 5 in favor to proceed Mr Gidley presented the staff report and answered rouncil questions Michelle Brewer, 3333 E Bayaud Ave, #205, representing the applicant, was sworn in by the Mayor She gave history on the piece of property, they have ~pent a considerable amount of money on it to make improvements and have plans to spend more on landscaping The recreational vehicle storage is only temporary and they don't want to spend a lot of money on landscaping until they find a permanent use for the property, most of the improvements they made were made at their neighbors requ~sts, she was led to believe that their site plan was sufficient and she submitted t~is plan in January and has never heard anything back, the ditch ~as been moved to the sout~ern end of the propertv, although there are many trees on the property t~ey are willing to plant more, there i~ a need for this use in th~ community Alex Brewer, 13620 W 30th Place, Golden, office address 11900 W 44th Avenue, adjoins the property in question, the reason he boug~t this property is that his business is ~xpanding, they have worked with the neighbors, this is not a permanent use, it is too expensiv~ for what we are using it for, but for now it will keep the property clean, they have done everything they could to comp1v wit~ whatever the rity asked rITY rOUNCIL MINUTES Fc.bruarv 22, 1993 Page -3- Janice Thompson, 12290 W 42nd AvenuA, was sworn in by the Mayor, she quoted from the Fruitdalc. Valley Master Plan that encourages quality growth which preserve~ property values and upgrades the community Commercial USA along 44th Avenue that does not Ancroach on residential areas is promoted Incompatible and undesirable uses should be excluciei She is concernc.ci about the word "outside storage", tires stored behind Mr Brewer's business are very unsightlv She asked that r-1 be only along 44th Avenue and the rest of the property remain Restricted rommercial to protect the residential uses Comply with landscaping regulations Motion by Phil Edwards that rouncil Bill 4 (Ordinance 921), a request for rezoning from Agricultural-One and Restricted Commercial to ~ommercial-One with an approved site plan for property located at 11800 West 44th Avenue be approved for the following reasons The change of zone is in conformance with the rity of hheat Ridge romprehensive Plan goals, objectives and policies, and the proposei change of zone is compatible with the surrounding area and there will be minimal adverse impacts, and the proposed rezoning will not adversely affect public health, safety or welfare by creating drainage problems, or seriously reduce light and air to adjacent properties, and the property cannot reasonably be Jevelopeci under the existing zoning conditions, and the rezoning will not create an isolated or spot zone district related to adjacent or nearby areas With the following conditions A Type I site plan shall be prepared for submittal to be recorded at Jefferson rounty An easement to allow ingress and egress for all thee parcels along the main entrance between Parcels "A" and "C", shall be prepared ani submitted with the Type I site plan, in a form that can be recorded at Jefferson County In addition if any ditch or laterals have or will be moved, easements allowing their continued use and maintenance shall also be submitted A decorative wood or block fence shall be erected along the north, south and east property lines of Parcel "B" The landscaping shall be in accordance with the attached landscape plan or at least within accordance of Section 26-32(D)(3) All curb cuts along West 44th Avenue and Tabor Street shall be closed with the exception of the main entrance between Parcels "A" and "r", seconded by Mr Shanley Motion by Mrs Brougham that Parcel "B" be indicateci on the site plan to allow Recreational Vehicle Storage only on a water-permeable surface, seconded by Mr Selstad, carried 5-3 with rouncilmembers Shanley, FIasco and Phil Edwards voting No Motion by Vance Edwards that the rezoning be from Agricultural-One and Restricted rommercial to Restricted Commercial with a Special Use Permit and an approved site plan, seconded by Mr Selstad, failed 2-6 with Vance Edwards and Mr Selstad voting yes Phil Edwards called for the question, seconded by Mr Fla~co, carried 5-3 with CounciJmembers Selstad, Vance Edwards and Brougham voting no Vote on original motion as amended carried 5-3 with rouncilmembers Selstad, Vance Edwards and Brougham voting no Mrs Brougham does not feel this is in compliance with the Fruitdale Master Plan rITY rOUNrIL MINUTES February 22, 1993 Page -4- COMMITTEES' AND COMMISSIONS' MATTERS Item 3 Board and rommission Appointm~nts Mr Flasco ask~d that Mr rharles J Breniwer b~ voted on ~eparately Mrs Brougham asked that Mr Wallace E rrumpton be voted on separately Motion by Mr Selstad that Joseph R Ashker be re-appointerl to the Animal Control Commission from District III and that his term ~xpire 3/2/96 " I move that Louise Turner be re-appointed to the Animal rontrol Commission from District III and that her term expire 3/2/96 I mov~ that Florentine L Healey be re-appointed to the Arborist Board from District I and that her term expire 3/2/96 I move that Marcie Emily be re-appointed to the Arborist Board from District III and that her term expire 3/2/96 (Mrs Emily lives in District I and represents District III) I move that John Bernhart be re-appointed to the Board of Adjustment from District II and that his term expire on 3/2/96 I mov~ that Thomas L Abbott be re-appointed to the Board of Adjustment from District III and that his term expire 3/2/96 I move that Richard J Ondrusek be re-appointed to the Building Code Advisory Board from District II and that his term expire 3/2/96" (Mr Ondrusek lives in District III but represents District II) I move that Frank Cosolo be re-appointed to th~ rivil Service rommission from District IV and that his term ~xpire 3/2/96 I move that Kenneth Siler be re-appointed to the Parks and Recreation rommission from District II and that his term expire 3/2/96 I move that Emery A Dorsey be re-appointed to the Parks and Recreation Commission from District IV and that his term expire 3/2/96 I move that Janice Thompson be re-appointed to the Parks and Recreation Comission from District IV and that her term expire 3/2/96 I move that rhristopher R Ertler be re-appointed to the Personnel Commission from District I and that his term expire 3/2/96 I move that Don Petty be re-appointei to the District IV and that his term expire 3/2/96 District III and represents District IV) Personnel rommission from (Mr Petty lives in I move that Maria G Puglisi be appointed to the Personnel rommission to fill an unexpired term in District I Term to expire 3/2/95 (Helen Hurlburt resigned) rITY rOUNrIL MINUTES February 22, 1993 Page -5- I move that James Owens be re-appointerl to the Planning Commission from District II and t~at his term expire 3/2/96 I move to confirm the Mayor's re-appointments to the Richaris-Hart Estate Advisory rommittee, Ruth Richardson, Eleanore Ulmer, Ethle Puckett Terms to epxire 3/2/96 I further move to confirm the Mayor's appoint of Walter I Pettit to the Richarns-Hart Estate Advisory rommittee, term to expire 3/2/95 Seconded by Vance Edwards, carried 8-0 Motion by Mr Selstad that rharles J Brenimer Civil Service Commission from District III and 3/2/96, seconried by Vance Edwards, carried 7-1 no be re-appointed to the that his term expire with Mr FIasco voting Motion by Mr Selstad that hall ace E rrumpton be appointed to the Planning Commission from District IV Term to expire 3/2/96, seconded by Vance Edwards, carried 6-2 with Mr Flasco and Mrs Brougham voting no I t em 4 EDARr Appointments Mayor Winger asked that the appointments ~e had suggested for EDARC be ratified by rity Council Mr Flasco asked that Mr Wodell be voted on separately Mr Davis asked if he shoulri abstain from voting because his property was in economic development area rity Attorney responded he could abstain Motion by Vance Edwards to ratify the re-appointment of Jane Longo, Dan LaPlante and the appointment of rlaudia Worth to EDARr, seconded by Mr Shanley, carried 7-0 with Mr Davis abstaining Motion by Vance Edwards to ratify the appointment of EDARC, seconded by Mr Shanley, carried 6-1 with Mr Mr Davis abstaining Geoff Wodell to Flasco voting no, UNFINISHED BUSINESS (POSTPONED AGENDA ITEMS) Item 5 Participation in Guide to Jefferson rounty (Materials distributed on February 8, 1993) Mr Middaugh explained that he and the Mayor had been approached by the Transcript Newspapers regarding participating i.n a Guide to Jefferson County They have asked that Wheat Ridge either take a half page or full page ad in the Guide Motion by Mr Shanley that the rity of Wheat Ringe advertise in the 1993 Jefferson rounty Guide prepared bv the Transcript Newspapers and that $2,000 be charged to Acct No 01-lU2-795, seconded by Mr Eafanti Mr Davis will vote against this, this ~houlj have been included in our budget and it wa~n't He ~ees no reason at this point to fund it and not advertising harnly means that we don't have any community spirit CITY rOUNrIL MINUTES February 22, 1993 Page -6- Phil Edwards will vote against this, it is a luxury juring the budget crunch we are faced with and we don't need this Vance Edwards will vote against this, it come~ out of rouncil rontingency, we shorted some charities that deliver daily services to the citizens of Wheat Ridge and he doesn't find this essential whatsoever Mr FIasco will also vote against this for the same reasons Mr Davis stated Mr Selstad will vote against this for the same reasons Mr Davis stated Motion failed 2-6 with Mr Shanley and Mr Eafanti voting yes Mr Shanley moved to appropriate $1,250 for a half page ad, seconded by Mr Eafanti, failed 2-6 with Mr Shanley and Mr Eafanti voting yes Item 6 Discussion of rity Attorney interview process Mr Flasco explained that the 5 person committee appointed by the Mayor to select candidates, had met several times They read all the applications, rated them from 1 to 5, added up the scores, cut about half, started again, came up with 8 candidates, interviewed all 8, and narrowed it down to 3 people who will be brought in to City Council to interview If Council is not satisfied with the 3, the additional 5 could be brought in Motion by Mr FIasco that the applications be distributed to rity rouncil so they can look them over and be brought back in to the next rouncil Meeting or the rouncil set up a date so they can interview those three people pUblicly before they make their decision, seconded by Phil Edwards, Vance Edwards asked for a friendly amendment that this meeting be set as a Special Meeting for March 15,1993 at 7 30 p m Mr FIasco and second accepted this, carried 8-0 NEW BUSINESS ORDINANCES ON FIRST READING Item 7 Council Bill 5 - An Ordinance providing for the disconnection of a parcel of land located within the rity of Wheat Ridge Council Bill 5 was introduced by Mrs Brougham on first reading, title read by the rlerk Motion by Mrs Brougham that rouncil Bill 5 be approved on first reading, ordered published, public hearing be set for Monday, March 22, 1993 at 7 30 p m in rity rouncil rhambers, Municipal Bldg , and if approved on second reading, take effect 15 jays after final publication, seconded by Vance Edwards Mr FIasco will against this due to the letter he has received from Mr Middaugh Mr Davis will also vote against this Motion carried 5-3 with rouncilmembers Shanley, Flasco, and Davis voting no CITY CUUNCIL MINUTES February 22, 1Y93 Page -7- Item 8 rouncil Bill 6 - An Ordinance amending Section 16-110 of the Wheat Ridge Municipal Code to expand the definition of Family or Household Member in the Domestic Violence Ordinance rouncil Bill 6 was introduc~d by Mr Davi~ on first reading, title read by the rlerk Motion by Mr Davis that rouncil Bill 6 be approved on first reading, ordered published, public hearing be set for Mondav, March 22, 1993 at 7 30 p m in rity rouncil Chambers, Municipal Bldg , and if approved on second reading, tRke effect 15 day~ after final publication, seconded by Vance Edwards, carried 7-1 with Mr FIasco voting no DECISIONS, RESOLUTIONS, AND MOTIONS Item 9 Decision regarding Election mail-out rity Clerk, Wanda out informational with Amendment 1 appropriate money Sang, asked Council's decision whether or not to mail pamphlets for the May 4 Special Election in accordance If a mail-out is desired, rouncil would need to to pay for this rity Attorney, John Hayes, stated that the City must comply with the Notice Requirement in the ronstitution He also asked for an Executive Session under Section 5 7(b)(1)(A) of the rharter Vance Edwards moved that we go to Executive Session, seconded by Phil Edwards Vance Edwards withdrew his motion for Executive Session and moved that $5,550 be transferred from General Fund Unallocated Acct No 01-102-795 to 108-708 to provide for an informational mail-out to all households with active registered voters in the City of Wheat Ridge, seconded by Mrs Brougham Scott L Levin, 7887 E Belleview, EngleWOOd, rounsel for the petitioners who petitioned to hold thi~ election, was sworn in by the Mayor He stated they had no intention of suing over the mail-out They would only sue if the election would not be held as ordered by rity rouncil Various town~ have either held elections or scheduled elections and there have been no lawsuits He supports the mail-out Diane S Barrett, 2552 E sworn in by the Mayor and Alameda, rounsel for the petitioners, answered rouncil's questions was Motion by Phil Edwards to Table this Item, seconded by Mr FIasco, carried 5-3 with Council members Selstad, Vance Edwards, and Brougham voting no Motion bv Mr Selstai to suspend the Rules and go past 11 00 P m seconded by Vance Edwards, failed 2-6 with Vance Edwards and Selstad voting yes CITY rOUNrIL MINUTES February 22, 1993 Page -8- Mayor Winger c.xplainei that according to the Rules rity Administrator's Matters and City Attorney's Matters must be ~eard CITY ADMINISTRATOR'S MATTERS Mr Middaugh asked if the Prospect Lake Bank Bii Award could be addressed tonight It was not CITY ATTORNEY'S MATTERS City Attorney, John Hayes, gave update on Mugele Park matter He encouraged the purchase of a book entitled "Reinventing Government" He read a letter regarding rate increase for Public Service Company and asked if Council was interested in participating fighting this increase No action was taken Motion by Mrs Brougham Meeting, seconied by Mr Edwards voting no to put unfinished business on the next Council Davis, carried 6-2 with Mr Selstad and Vance Meeting adjourned at 11 25 p m , I II "\ '), !. -L ) Wanda Sang, rity rlerk APPROVED BY CITY COUNrIL ON MARCH 8, 1993 BY A VOTE OF ~_ TO G ~~"" .~~ . Ron Selstai, ('ounciJ President