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HomeMy WebLinkAbout05/10/1993 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO May 10, 1993 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, Vance Edwards, Tony FIasco, Ron Selstaj, and Bill Shanley Also present City 0lerk, Wanda Sang, City Administrator, Hobert Middaugh, City Attorney, Kathryn Schroeder, City Treasurer, Jim M3lone, Director of Planning, Glen Gidley, Chief of Police, Jack Hurst, Director of Parks, Gary Wardle, Director of Public ~orks, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of April 26, 1993 Motion by Mr Eafanti for the approval of the Minutes of April 26, 1993, seconded by Mr Selstad, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Winger presented 4 Proclamations Senior Center Year 1993 Art in the Parks Day - May 30, 1993 National Nursing Home Week - May 9 - 15, 1993 Food Drive Day - May 15, 1993 Motion by Mr Selstad to add an Item to the Agenda, right after Item 8, to hold a reception for John Hayes in appreciation of his 13 years of service to the rity of wheat Ridge, seconded bv Vance Edwards, carried 8-0 CITIZENS' RIGHTS TO SPEAK Janice Thompson, 12290 W 42nd Avenue, was sworn in by the Mayor, on behalf of the Parks Commission, she questioned why the Agenda Item regarding trail systems and standards had been removed from the Agenda and recommended to the Public Works Advisory Committee for further study Motion by Mr FIasco that consideration of the Clear Creek Greenbelt Trail Standards, as referred to the City Council by the Parks and Recreation Commission, be considered by the City Council on the Monday, May 24, 1993 City Council meeting, and not referred to the Public Works Advisorv rommittee, seconded by Mr Shanley Motion by Mr Selstad for an amendment to hold a Special City Council Meeting with public testimony, to hear the trail systems and standards and the Animal Feeding Ordinance, seconded by Vance Edwards CITY COUNCIL MINUTES Hay 10, 1993 Page -2- Discussion followed Mr Davis called for the question, seconded by Mr Shanley, carried 7-1 with Mrs Brougham voting no Mr Selstad'~ Motion to amend failed 3-5 with rouncilmembers Brougham, Selstad, and Vance Edward voting yes Vote on Mr FIasco's original motion carried 7-1 with Vance Edwards voting no Mrs Thompson then addressed trees being planted along W 44th Avenue, that are right under the power lines, she asked that landscaping ordinance be looked at to see if these trees should be planted right under the power lines Jean Fields, 3270 Fenton Street, was sworn in by the Mayor, she has been asked to come in speak for several seniors, was concerned about replacing old 8ft wide, 2 inch thick asphalt trail with a 10 ft wide concrete trail, most citizens opposed concrete, citizens are not being listened to, decision has already been made LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for a Special Events Permit for Sts Peter and Paul Church, 3900 Pierce Street, W~eat Ridge Joe Murphy, 3965 Marshall Street, events manager, was sworn in by the Mayor Motion by Mr Davis to approve the Special Events Permit for Sts Peter and Paul rhurch, at the location of 3900 Pierce Street, Wheat Ridge, to dispense malt, vinous and spirituous liquor on June 25, 1993 from 6 00 p m to 11 00 pm, on June 26, 1993 from 2 00 p m to 11 00 pm, and on June 27, 1993 from noon to 8 uo p rn I further move to authorize the Mayor to sign the Application for the Special Events Permit, seconded by Mr Shanley, carried 8-0 Item 2 Application for mudification of premises for Venture III, Ltd , dba Luke's - A Steak Place, 4990 Kipling Street, Wheat Ridge Michael Lucas, 4990 Kipling, owner, was present and answered questions Motion by Mr Venture III, vJheat Ridge, application, Shanley to approve the modification of premises for Ltd , dba Luke's - A Steak Place, 4990 Kipling Street, and authorize the Mayor and rity Clerk to sign the seconded by Mr Davis, carried 8-0 CITY COUNCIL MINUTE~ May 10, 1993 Page -3- Item 3 Application for modification of pr~mises for Country rafe, Inc , 3291 Youngfield Servic~ Road, Wheat Ridge Arrlalan Hardi, 3291 Youngfield Service Road, owner of Country rafe, was present Motion bv Mr Shanley to approve the modification of pr~mises for Country Cafe, Inc , 3291 Youngfield Service Road, Wheat Ridge, and authorize the Mayor and rity rlerk to sign the application, seconded by Mr davis, carried 8-0 IteITJ 4 Application for Transfer of Ownership for Club Peaches, 7777 W 38th Avenu~, ~heat Ridge Sunny Norton, 3872 S Fraser, Aurora, applicant, was sworn in by the Mayor Also sworn in was Kevin ~ein, attorney for the applicant Mr Wein asked that this iteITJ be continued so that Ms Norton can amend her transfer application She is planning on going into a partnership Motion by Mr Shanley for continuanc~, seconded by Mr Eafanti Mr Shanley asked for legal clarification if in spite of the fact that the license has run out, we are still in the transfer mode rity Attorney, Kathryn Schroeder, stated that if anybody would be added to the license, it would be an application for a new license Mr Wein disagreed with that, but will discuss this further with the City Attorney Mr Selstad asked the rity Attorney if this was a quasi-judicial matter and if rouncilmembers should not have discussions with the applicant Ms Schroeder stated that it was a quasi judicial matter Motion carried 7-1 with Vance Edwards voting no PUBLIC HEARINGS AND ORDINANCES ON SECOND READING IteITJ 5 rouncil Bill 9 - An Ordinance providing for the approval of a Special Use Permit to allow a Class II Home Occupation in a R~sidential-Three Zone District on property located at 3978 Harlan Street, rity of Wheat Ridge, County of Jefferson, State of Colorado (Cas~ No SUP-92-5l (Gary Tacconellil Council Bill 9 was introduced by Phil Edwards, title read by the Clerk, Ordinance No 925 assigned Mr Middaugh explained and stated that Planning rommission and staff recommended approval Glen Gidley advised Council that this request is to convert the garage into a hair salon, a rlass II Home Occupation Mr Gidley explained CITY COUNCIL MINUTES May 10, 1993 Page -4- the site plan and parking for the business It is noted that the requirements for a Special Use Permit have been met except for the paving of an on-sit~ parking area for which a Variance has been requested and must be considered separately The applicant proposes that the overflow parking area in front of the the house remain gravelled Mr Gidley also advised Council that a neighborhood meeting was held for input from neighbors, on October 17, 1992 Gary Tacconelli, 3978 Harlan Street, Applicant, was sworn in by the Mayor, answered questions from Council members Duane Luebke, 12163 W 30th Place, was sworn in by the Mayor, spoke in opposition and read one of the letters he had received from residents in his complex objecting to approval of t~e Special Use Permit, answered questions from rouncil members Mr Selstad was contacted by Mr Luebke, who requested that he go look at the property Being unaware that this was coming to Council for a Special Use Permit, ~r Selstad did go and look at the property He asked if he should be disqualified from voting on this matter City Attorney, Kathryn Schroeder, said he could use his discretion and either vote or not vote, depending as to what had been discussed Vance Edwards had also been contacted bv Mr Luebke, b~t after having realized that this was a quasi-judicial matter, he did not discuss the case with Mr Luebke Phil Edwards was also contacted by Mr Luebke, but had no discussion or further contact Mr Flasco also was called, but had no discussion Mr Davis was called, but he does not think he violated anything quasi-judicial Motion by Phil Edwards that Council Bill 9 (Ordinance 925), a request for approval of a rlass II Home Occupation at 3978 Harlan Street, be approved for the following reasons 1 The criteria used to evaluate a Special Use Permit support this request, and 2 Staff recommends Approval With the following conditions 1 The property be developed as shown on the attached site plan labelled Exhibit B 2 No more than three stations be allowed in the salon 3 That the proposed buffer zone on the north be increased from four feet to six feet 4 The parking lease arrangement be recorded, seconded by Mr Davis Mr Davis asked for a friendly amendment to add that the three parking spaces proposed on the northern part for employee parking be moved down into the southerly portion where staff recommended three parking places The requirements of the fence and landscaping would be waived This was accepted as a friendly amendment Motion carried 7-1 with Vance Edwards voting no Motion by Phil Edwards that the request for variance to section 2 1 of the Class II Home Occupation standards to waive the paving requirements for the parking area in front of the house, be approved for the following reasons It will help maintain the residential character of the area, and staff recommends approval, seconded by Mr Selstad, carried 8-0 CITY COUNCIL MINUTES !vI ay 10, 1993 Page -5- Item 6 Council Bill 10 - An Ordinance vacating a portion of Union Street within the City of Wheat Ridge, County of Jefferson, State of Colorado, adjacent to properties addressed as 3365, 3375, 3385 and 3395 Union Street (Case No WV-93-2) Council Bill 10 was introduced by Mrs Brougham on second reading, title read by the Clerk, Ordinance No 926 assigned Mr Middaugh explained that this is a Citv initiated vacation, that had previouslv been considered by rouncil, who had denied it This version provides that the City's current 60 foot right of way be reduced to a 50 foot right of way in the affected area There are a number of properties which are affected On of the properties was the subject of the previous Council discussion that was unsuccessful With this action, it would effectively address the problems experienced by the home owner, Terry Ammon Terry Ammon, 337~ Union Street, was sworn in by the Mayor and spoke in support of this matter Motion by Mrs Brougham that Council Bill 10 (Ordinance 926), a request to vacate the western ten feet of Union Street between Lena Gulch and West 34th Place, be approved for the following reasons 1 Union Street has 60 feet of right-of-way, which is ten feet in excess of the local street standards, and 2 Staff recommends approval With the following conditions 1 T~e vacated right-of-way vest with the adjacent property owners to the west, and 2 A utility easement be reserved over the ten feet of right-of-way being vacated, seconded by Mr Shanley, carried 7-1 with Mr Flasco voting No Mr FIasco feels that a special priVilege is being given to one individual by giving him two variances Item 7 Amendment to a Final Development Plan for Coors Brewing rompany, 10619 West ~Ot~ Avenue (rase No WZ-93-4) Item 7 was introduced by Vance Edwards, Glen Gidley gave the staff report and answered questions Bill Robie, 300 Lookout View Drive, Company, was sworn in bv the Mayor, approval and answered questions Golden, representing Coors Brewing presented the plan, asked for Motion by Vance Edwards that Case No WZ-93-4, a request for approval of an amendment to a PID final development plan for property located at 10619 West 50th Avenue, be approved for the following reasons 1 All utilities can serve the property, 2 All requirements for an amendment to a final development plan have been met, and 3 The proposal exceeds the minimum requirements for a PID zone district, seconded by Phil Edwards, carried 8-0 CITY COUNCIL MINUTES May 10, 1993 Pag~ -6- ORDINANCES ON FIRST READING Item 8 <ouncil Bill 12 - An Ordinance amending the Code of Laws of the <ity of Wheat Ridge relating to allowed h~ights of fences, divisional walls, hedges or oth~r obstructions to view within sight distance triangles council Bill 12 was introduced by Mrs Brougham on first reading, title read bv the Clerk Motion by Mrs Brougham that Council Bill 12 be approved on first reading, ordered published, public hearing be set for Monday, June 14, 1993 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 bv Mr Selstad, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Motion by Mr Selstad that the City host a reception for former City Attorney, John Bayes, and that $550 00 be transferred from Acct No 102-795 (Council Contingency) to 104-795 (Mayor's Mise Expenses) to pay for the event, seconded by Vance Edwards, carrj.ed 7-1 with Phil Edwards voting No Phil Edwards stated that with all due respect to John, a party should have been given for Ed Ray, who retired last week Chief Burst replied that Officer Forristall retired in April and that he received a plaque from the Police Department and a small reception will be held for him He anticipates that something similar will be done for Commander Ed Ray Council member FIasco suggested that a policy be made that will address honoring retiring employees Motion by Mr Selstad to move up Items 17 16 and 15 in that order, seconded by Vance Edwards, carried 8-0 Item 17 Expansion of DARE Program Mr Middaugh explained that with the retirement of rommander Ed Ray his position would not be filled This will allow the expansion of the DARE program Various public and private schools are interested in this program The City has applied for a grant to finance some of this program Carl Schiele, 7032 Quail Street, Principal of Wheat Ridge Middle School, 7101 W 38th Avenue, stated that his school whole-heartejly supports this program He has seen great results from this program Eva Stahle, 3525 Estes Street, asked that the DARE Program be put into Junior High Schools CITY COUNCIL MINUTL~ May 10, 1993 Page -7- Motion by Mr FIasco that the Police Department be authorized to expand the City's DARE program to encompass the two junior highs within the community and any private schools which desire to obtain the benefits of the DARE program consistent with the recommendation of the rity's Police Department I further move that the vacant position of police commander be eliminated and that the resultant savings be devoted to payment for the cost associated with the expanded DARE program, seconded by Vance Edwards, carried 8-0 Item 16 Expenditure of Park Improvement Funds at the Wheat Ridge Middle School and Stevens Elementary School Site Mr Middaugh expJained the different options which wight be pursued by the rity and the School District jointly Before proceeding, Motion was made by Mr Selstad to go past 11 00 P m to finish Items 16 and 15, seconded by Vance Edwards, carried 8-0 Garv Wardle advised Council that the Parks & Recreation Commission has reviewed the options presented It was their recommendation that the City not participate in building enhancements but that City Open Space funds be devoted to enhancing the Open Space that will be provided as part of the school reconstruction project which would be enjoyed bv the entire communitv Staff also concurs with these recommendations Delbert Ragland, 4030 W 103rd Ct , Westminster, Facilities Design Coordinator for R-1 School District, was sworn in by the Mayor, introduced James Pedler and Adele Willson, of Slater Paull Architects, who were also sworn in by the Mayor, and also wanted to recognize Carl Schiele, Principal of the Wheat Ridge Middle School, who was in the audience He gave a brief history of the planning of this project Motion by Mr FJasco that the Parks and Recreation Department be authorized to proceed with a joint venture park development with Jefferson County R-1 School District to provide park enhancements at the proposed facilities which include the construction of a seasonal rest room, field lights, and dugouts on the two ball fields, with funds for said joint venture to be taken from the City's Conservation Trust Fund and to allow a joint use agreement on the building, seconded by Mr Shanley, carried 5-3 with Councilmembers Davis, Selstad, and Brougham voting no Item 15 Spring Clean-up Program Motion by Mrs Brougham that the staff recommended option #1 for a spring clean-up program be approved and that $5,400 be transferred from the City Council contingency Acct No 102-795, to the Planning and Development Acct No 123-704, seconded by Vance Edwards, carried 8-0 CITY CUUNCIL MINUTES 1<1 av 10, 1993 Page -8- Item 9 Traffic Signal Construction at Young field Off Ramp from Eastbound 1-70 Item 10 Payment Assistance for Dead Tree Removal Item 11 Park Land Acquisition Item 12 Bid Award for annual Week Mowing and Trash/Junk Removal Services Item 13 Acceptance of Warranty deed from rity and rounty of Denver Item 14 Policy Direction for use of Capital Im~rovement Funds (None of these Items were heard) CITY ADMINISTRATOR'S MATTERS I tern 18 Bicvcle Patrol Program Summary Mr Middaugh presented the plan for this program Mr FIasco asked for consensus to put this on a Study Session ronsensus was 8 in favor Motion by Mr Davis to adjourn, seconded by Mr Shanley, carried 7-1 with Vance Edwards voting no at 11 30 p m APPRUVED BY CITY rOUNrIL ON MAY 24, 1993 BY A VOTE OF >? TO U ,<J. '-- ~ '_1' \.--6 .~ - ~ Y--,. Ron Selstad, Council President