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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