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
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Wanda Sang, rity rlerk
APPROVED BY CITY COUNrIL ON MARCH 8, 1993 BY A VOTE OF ~_ TO G
~~"" .~~ .
Ron Selstai, ('ounciJ President