HomeMy WebLinkAbout03/14/1994
CITY COUNCIL MINUTES
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CITY OF WHEAT RIDGE, COLORADO
March 1.!!.L.J 994
Thp rity Council Meeting was called to order by Mayor Wilde at 7 uo p m
Councilmembers present Rae Jean Behm, Don Eafanti, Vance Edwards, Jean
Fields, Dennis hall, Ken Siler, Tony Solano, and rlau~ia ~orth Also
present City rlerk, Wanda Sang, City Administrator, Robert ~iddaugh,
rity Attornev, Kathryn Schroeder, ritv Treasurpr, Jim Malone, Director
of Planning, Glen Gidley, staff, and interested citizens
APPROVAL OF MINUTES of Februarv 28, 1994
Motion by Mr Eaf~nti for the approval of the Minutes of February 28,
1994, seconded by Mr Edwards Mr Edwaris asked that on Page 3, under
consensus to let the Mayor vote on rouncil Bill 39, it be noted that ~r
Edwards and Mrs Fields voted no Motion carried 8-0
PROCLAMATIONS AND CEREMONIES
Mayor wilde administered the Oath of 0ffice to William Dona~~so~, Parks
and Recreation ~ommissioner
Metropolitan Mayors and rommissioners Youth Awards
Mayor Wilde presented certificates to the following students
Iv) e 1 L~a Mae~~ i II SOO p eI...1_11 e i d i Br ~~r d t ,_11 ar_~le ~~--L.-.'! enn i fer
~~~Cinnamon Dardan~an~~l~~an, Elvia Garcia~-B~bekah Grover,
Butch Powell...1~~~son Rarr~irez--L.-.'!ontiel Reed~atie Freeman, Kris~~
Gierelwolf
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Alan Landis, Jefferson ~ounty Cooordinator for MMrYA, addressed the
young-p-eople and WheClt Ridge ,~ity Council
CITIZENS' RIGHTS TO SPEAK
Thomas Slattery, 6869 ~J 3cnd Avenue, was sworn in by the Mayor, he read
a Resolution fiom Wheat Ridge United Neighborhoods into the recori,
which requests that ~ouncil repeal Sections 4 and 5 of Ordinance 945 and
allows the Lpgal Protest process for Special Use Permits
John Powers, ~615 Jpham Street, was sworn in by the Mayor, he presented
pet-itf"ons-req'Jesting the rity to proceei as soon as possible with the
construction of West 38th Avenue between rody and Kipling to the 36
foot, 3 lane dpsign He questioned why the rity is delaying
construction
Mr MiddaJgh explainpd the reClson the project was behind schedule, was
due to a computer break-down ani surgeries for 2 engineers The project
will not be delayed
CITY luUNCIL MINUTES
r~arch lit, 1994
Page -2-
Ron Selstad, 28~0 Lamar Street, was sworn in bv the Mayor, he questioned
the Speciaf Use Permit fur the Preschool addressed at t~e last
~ouncil I'ieeting T'1e Preschool t'1rew a ~anJpaign Party for Hayor wil de
and gave a $100 00 lamp'lign rontributioYl The applicaYlt "as al lowed 3
35 minute monologue to rebut the opposition T'1e Mayor voted on this
matter, which was morallv and ethically wrong
Susan Seeds, b147 W 35th Avenue, was sworn in by the Mayor, she
addressed herself specifically to Mayor Wilde, she thought mistakenly
that they were friends, the Mayor's grand1aug~ter baby-sits f)r Nina
Forgo, Nina Forgo frequeYlts his home, his wife works for Nina Forgo, he
held his campaign kick-off at that Center, she contributed to his
campaign The !'1ayor was biase,d in this case, his vote changed the
neighborhuod, he shoul1 have remained impartial, she asked that '1e
reconsider his vote
Evan Lipstein, 12bOO ~ Colfax Avenue, was sworn in by the Mayor, he was
asked by a number of citizens to address the issue of the Day Care
renter, the appearance of impropriety is as damaging to Municipal
Government as actual impropriety, please reconsider this matter
JerL]. DiTullio, 3250 Newland Jtreet, was sworn in by the !1ayor, stated
that Chris Ertler and himself are the rhairpersons of the Wheat Ridge
~arnation Festival, which will be held on August 19, 20 ad 21, 1994 and
presented a Festival Roster to Council
Claudia Wort~ moved that Items 6, 8, 9, 10, and 12 be removed from the
Agenda According to Council Rules, Section ~ 4, these Items must be
submitted 2 Fridays before the meeting ani they were not, seconied by
Mr Edwards Mr Edwards explained that he and Mrs Worth had askei
that an Ordinance on first reading be put on this Agenda, repealing
Sections 4 and 5 of Ordinance 945 and putting in a legal protest
provision This Ordinance was not placed on the Agenda because of Rule
5 4 Mr i1ijdaugh explained that this only addresses when 2
Councilmembers want something on the Agenda, all other items must be in
the Clerk's Office by noon on ~ednesday
Kathryn Schroeder's legal opinion stated that Items G, M, 9, 10, and 12
are appropriately on the Agenda
Mayor Wilde ruled the motion out of order based on Ms Schroeder's legal
opinion Mr Edwards moved to vote whethel' or not Council would vote on
Mrs Worth motion, failed 3-5 with Councilmembers worth, Fields, and
Edwards voting yes
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item 1
Liquor Renewal Application for Las Carretas Restaurant, 3250
Young field Street, Wheat Ridge, Colorado
rity Clerk, Wan1a Sang, explained that the renewal application had been
filed late with the ClerK'S Uffice and the license had expired on
Februarv 3, 1994 However since the licensee had applied for renewal
prior to the expiration date, this license could be renewed
CITt COUNCIL MINUTES
March l1j, 1994
Page -3-
Gordon Sanchez, attorney, representing Las Carretas Restaurant, and
Isabel-tarin, manager, were present an d sworn i.n by the Mayor Gordon
Sanchez explained that failure to renew the license in a timely manner
was an oversight ani asked for approv~l of the renew~l application
Motion by Mrs worth to approve the renewal application for Las \arretas
Restaurant, 3250 Youngfield Street Wheat Ridge, Colorado, ani to
authorize the Mayor ani rity Clerk to sign the renewal application,
seconded by Mr Eafanti, Carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
.u-~_..?._ Council Bill 41 - An Ordinance providing for the approval of
rezoning from Planned Commercial Development (PCD) with limited
uses to Revised Planned rommercial Development (PCD) and for
approval of an Outline Development Plan on land located at
approximately 10201 West 43rd Avenue, City of Wheat Ridge,
County of Jefferson, State of Colorado
(Case No WZ-93-7) (Richard Gash for the Linda K Gash Trust)
(To be continued to March 28, 1994)
Motion by Mr Hall that "ouncil Bill 41, a rezoning hearing for Case No
WZ-93-7 on land located at 10201 West 43rd Avenue be continued to March
28,1994, seconded by Mr Siler, carried 8-0
.u-_~_3__ Council Bill 43 - A Ordinance amending t'1e Code of Laws of
the City of Wheat Ridge, rolorado, to modify the party
responsible for administration and enforcement of the Sales Tax
Program, and to modify the number of rental units which may be
owned before being considered to be engaged in business in the
City
Council Bill 43 was introduced by Mr Edwards on second reading, title
read by the ~lerk, Ordinance No 958 assigned
Mr Middaug'1 explained that C B 43 provides for two amendments to the
City's sales tax ordinance The proposed amendments provide for a
change in the administration of the City's sales tax ordinance, and
also defines an exemption for a business as it relates to residential
rental 'wi ts
Mr Siler and Mr Edwards stated that Item 3, C B 43, is dealing with
two different subject matters and requested that Council vote on each
itelD separately
Lou Ficco, 11315 ~ 38th Avenue, was sworn in by the Mavor, he
feels that the owners of large apartment complexes are being singled
Jut to pay this t~x, ~nd he also questioned why "ouncil arrived at the
number of 10 re.3identj.~1 units, when all apartment b1lildings arp a
business ~nd what is good for one shouli be good for all to pay the
tax
"ITY COUNCIL MINUTES
f;'iarch 14, 1994
Page _11_
Su~CEl'~, 7070 W 43rd Avenue, was sworn 1.n by the l'1ayor, she
statej they already pay for 3 b'ls1.ness 11.cense as the owners of a
three unit complex and that the Council ~as singled out rental real
estate owners, and as proposed this is 3n unfair tax.
Jim Malone, rity Treasurer, was sworn in by t~e Mayor, he explained that
peop-le with three or more units had to have a business license, there
are approximately 135 owners of three or more units These people also
have to pay sales and use tax on items such as appliances dnd supplies
Motion by Mr Edwards for the approval of Council Bill 43 (Ord1.nance
958Tiis it pertains to Section a.idressing Dwelling Unit and 10
resi dential ,dwelling units IJe ad,ded as an dlfJendment that the
discussion of more than 10 residential dwelling units be brought to the
next available study session and that an invitation be offered to the
Ficco's or anybody else who owns wore than 10 to allow thew to speak,
seconded by Mr Solano, carried 5-3 with rouncilmembers Worth, Eafanti,
and Behm voting no
Motion by Mr Edwards that Section 1 be tabled until further
information can be obtained, seconded by Mr Eafanti, carried 7-1 with
Mr Hall voting No
Item 4
Application by Jim Super nor for approval of a three-lot Minor
Subdivision at 6001 West 32nd Avenue
(~ase No MS-93-2)
Mr Gidlev gave the staff report
Judit_r:..--anL!. James Supernor, 6001 \'1 32n1 Avenue, applicants, wel'e sworn
in by the Mayor
Motion by Mr Edwards that "ase No MS-93-2, a request for approval of a
three::lot minor s ub,ji vis ion at 6001 West 32nd A venue, be approve d for
the following reasons 1 ~ll agencies can serve the property, and 2
Staff recommends approval, seconded by Mrs Fields
Mr Edwards asked fJr an amendment that the request for Right-of-Way be
refused by the rity, secondej by Mrs Worth, failed 4-4 with
Councilmembers ~orth, Fields, Eafanti, and Edwards voting yes Mayor
Wilde broke the tie by voting yes Amendment carried S-4
Original Motion carried 8-0
ORDINANCES ON FIRST READING
Item 5. Council Bill 4b - An Ordinance adopting by reference a
Replacement Official Zoning Map pursuant to Wheat Ridge Code of
Laws, Sect ion 26-3 (]))
:ouncil Bill 46 was introduced by Mr Siler, title read by the Clerk
CITY COUNCIL MINUTES
r~arch l1t, 1991-\
PagA -5-
Motion by Mr Siler for adoption of Council Bill 46, and request a
public hearing be scheduled f0r Monday, April 11, 1994 Copies of the
existing and proposed Ufficial Zoning Map will be placed at City Hall,
Wheat Ridge Community renter ani the Jeff Arson county Library, Wheat
Ridge Branch for public review and inspection a~ detailed with Council
Bill No 46, See t ion 3, s e con d p d b Y ~1 rEa h n t i
Mot ion bv ~1rs
--
seconde,d by ~1r
voting no
Worth to postpone this to the next Study Session,
Edwards, carried 6-2 with Mr Solano and Mrs Behm
Item 6
rouncil Bill 47 - amending the Sign Code 0f the ~ode of Laws of
the rity of Wheat Ridge relating to Temporary ~igns
~ouncil Bill 47 was introduced by Mr Edwards on first reading, title
read by the rlerk
Mrs Behm disclosed that she has a financial interest in a sign company
and asked if she should abstain from voting on this
Hotion by i'lrs Worth to 1 et Mrs J:iehm vote on t'1e Sign Code Ordinance,
~onjed by Mr Solano, carried 7-0
Motion by Mr Edwards that ~ouncil Bill 47 be approved on first reading
anj that a public hearing be scheduled for April 11, 1994, seconied by
Mr Solano, carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 7
Resolution 1389 - establishing certain fees and other
requirements as specifie-i in Oriinance No 952
Resolution 1389 was introduced by Mr Edwards, title read by the Clerk
Motion by Mr Edwards f)r adoption of Resolution 1389, seconded by Mr
Siler~ carried 8-0
Item_Jl_ Board and Commission appointments
Motion by Mrs Behm to re-appoint James Reynolds to the Board of
AdJ~stment for District 1, term to expire 3/2/97, seconded by Mr
Eafanti
Mr Edwards explained that both he and Mrs Fields, as Councilmembers
from District I, had requested that Mr Reynolds not be re-appointed
since he had served since 1970 Let other people contribute with new
ideas He firmly believe~ in term limits
l~ot ion by ~lr
seconde.i by
"lnd Ed,nrds
Edwards t,) amend
Mrs Wort'1, failed
voting yes
the motion to appoint William EChelmeyer,
3-5 with Council members Worth, Fields,
Mrs Behm's motion carried 5-3 with Councilmembers ~orth, Edwards, and
Fields voting no
CITY COUNCIL MINUT~S
March l1j, 1994
Page -6-
Motion by :VIiS Behm to re-appoint E~L..j..9~~~n. to the Parks and
ReCreation Commission for District I, term to expire 3/2/97, seconjed by
M r E arari"B.--
Hr Edwards moved to sllbstit'lte the name Jo"in Na8'1chi Mr Johnson has
serve1 on the Parks rommission since 1969 and neither he nor Mrs Fields
recommend re-appointment, seconded bj ~:iS Fields, failed 3-5 with
Councilmembers Edwards, Fields, anj Worth voting yes
Original Motion carriej 5-3 with ro~ncilmembers Worth, Fields, ~nd
Edwards voting no
i"iotion by ~Irs Behm to re-appoint Robert Eckhardt to the Planni!1~
Commissio~ from District I, term to expire 3/2/97, seconded Mr Hall
Motion by Mr Edwards to substitute Ron Selstad's name for that motion,
seconded by Mrs Fields
Mr Solano asked to abstain on Mr Selstad's vote because he had helped
him during his campaign Motion by Mrs Worth that Mr Solano be
required to vote on this issue, seconded by Hr Edwards, failed 4-3 with
Councilmembers Worth, Edwards, and Fields voting yes Hrs Worth will
not be able to vote on this either because she carried literature for
Mr Selstad
Motion for Mr Selstad failed 3-4 with Councilmembers Worth, Fields, and
Edwards voting yes, Mr Solano abst~ining
Mr Edwards aske1 that Harry Williams' name be substituted for Robert
Eckhardt, seconded by Mrs Fields, failed 3-5 with Councilmembers Worth,
Fields, and Edward voting yes
Original Motion for Robert Eckhardt carried 5-3 with Councilmembers
Worth, Edwards and Fields voting no
Motion by Mr Edwards to re-appoint Bea Slings~ to the Animal Control
coliiiiiTssion for District I, secon,ded by ~1rs Fiel dS, ~arried 8-0
Motion by Mrs Worth to re-appoint Br~~cIn_~~ to the Animal Control
coiriiiiission for District IV, seconded by ~1r Edwarjs, carried 8-0
Motion by Mrs Worth to re-appoint Susan Ford and Dan Richardson to the
Arborlst B..9ard from District IV, secondej-1y Hr Edwards, carried 8-0
Motion by rlrs Worth to re-appoint Susan Junker and to newly appoint
Paul Hovland to the Board o.f..Jtdjus_~men-t frolilDistrict IV, secondej by
Mr Edwards, carried 8-0
Motion by Mr Edwarjs to re-appoint Kenneth Adam~ to the Building C9:~
Advi~.r..L_l?oarc!. frolil District I, seconded by Mrs Fields, carried 8-0
Motion by Mrs Behm to re-appoint Sam Martin. to the BuildinH Code
~dvisory' Board from District III, seconded by Mr Edwards, carried 8-0
CITY COUNCIL MINUTES
r~arch lit, 1994
Page -7-
Motion by Mrs Worth to re-appoint F Ross Westover an~ Leo Anderson to
the Building Cod~ ~dvisory Board frOITi-District IV, seconiej--b)l1~
Behm, carried 8-0
Motion by Mr Edwards to re-appoint Willard M~e~ to the Civil Service
Commission from District 1, seconded by ~lrs Fields, carried 8-0--
Motion by Mr Solano to re-appoint Robert Reischman to the Civil
Service Commission frolO District 11, seconde,d by f'lr Edwards ,-carried
8-0 -
Motion by Mrs Worth to re-appoint Jeanette Rossillon to the Civil
Service Commission from District IV-;--sP()ondeT"by Mr-Edwards,---carried
8-0
Motion by Hr Solano to re-appoint BeUJ:...R3.1. to the Parks Commission
from District II, seconded by !~r Siler, carried 8-0
Motion by Mrs Behm to re-appoint Sue Wilson to the Parks Commission
from District III, seconded by Mr Eafant-i,-carried 8-0
Motion by Mrs Behm to re-appoint Rosalind Bedel! and to appoint Rob
Wilkinsen to the Personnel Commission from District III Mr Wilkinson
is replacing Doris Smith, te-rllJending 3/2/95, seconded by Mr Edwards,
carried 8-0
Motion by f'lrs Behm to re-appoint Geor:.~...9~don to the Plannin~
Commissio~ from District 111, seconded by Mr Edwards, carried 8-0
Motion by Mrs Worth to re-appoint Warren Johnson to the Planning
Commission frolO District IV, seconded by Mr Edwards, carried 8-0
Motion by Mr Edwards that William Snell be appointed to the Election
Commissio~, seconded by Mrs Behm, carried 8-0
Motion by Mr Edwards to re-appoint Connie Burkepile, Janet Thompson,
anUonny Timmins to the Richards-Hart Estate Advisor.1. Committe~, terms
to expire 3/2/97, seconded by Mrs Fields, carried 8-0
Motion by r1rs Worth to appoint Dr--BJ~~~2th in an advisory capacity
to thi Animal Control Commission until such time that another
vpterinar.ian can bp ap-pointe,d, seconded by Mrs Behm, carrie,d 8-0
Item_}_ ResollJtion 1394 - adopting Design Guidelines for the Wheat
Ridge Town Center
Resolution 1394 was introduced tv Mr Edwards, title read by the Clerk
Mr Middaugh explained that the attached design guidelines will provide
that certain common themes and attractive features will be incorporated
into the planning of the Town renter at an early stage
CITx COUNCIL MINUT~S
f'llarch 111, 1994
Page -8-
Ann Piti9E, EDARC Uirpctor, was sworn in by the r'layor ani answered
Councils' questions
Motion by Mr Edwards f)r the adoption of Resolution 1394, seconded by
Mr Solano, car~ied 8-0
Item 10 Motion to increase City Administrator's 1994 salary
Motion by Mr Hall that the City Administrator's 1994 salary be
increased to $74,200 on an annual basis and that the pension
contribution on the City be increased from 5% to 6%, effective January
1, 1994, seconded by Mrs Behm Mr Edwards will vote no because ha
believes a 6% increase is not appropriate, $70,000 00 is very good
compensation for this position Motion carried 7-1 with Mr Edwards
voting no
Item 11 Motion to expend $2,800 for training expenses
Motion by Mr Solano that
$2,806 from Acct 106-728
expenses, seconded by Mr
the City Administrator be authorized to expend
to pay Piburn Communications for training
Eafanti, carried 8-0
Item 12
Motion to authorize the Mayor to sign a contract with Cellular
One
Motion by Mrs Worth that the Mayor be authorized to sign a contract
\-JithCellular One allowing the replacement of the current tower at the
Municipal Building and the use of the tower as a cell site, at no cost
to the City, seconded by Mr Siler
Alan Woodside from Cellular One was present to answer questions
Motion- carried 8-0
CITY ADMINISTRATOR'S MATTERS
Robert Middal1li!J. referred to his memo regarding the 1994 City Cleanup
Campaign The cleanup campaign has been structured in a way to use
current personnel It will be in two phases this year Phase
One will be a two week period from March 21st to April 2nd, and Phase
Two is scheduled to be from September 12 to September 24 There will be
two opportunities for people to participate in the cleanup campaign
He reminded Council to submit their contributions lists as to how
they desire to distribute funding for 1994 so the list can be prepared
for consideration at the next ~ouncil meeting ~lso, the Board and
rommission Representative meetings will begin with District II next
week, two meetings the following week and to be completej with District
IV t1arch 25
CITi COUNCIL MINUTES
March 11l, 1994
Page -9-
CITY ATTORNEY'S MATTERS
Kathr3.n Schroeder noted that she has finished the Cerveny Brief which
addresses attorney's fees in Amendment One If Councilmembers desire a
copy please Call her office
ELECTED OFFICIALS' MATTERS
Jean Fields apologized to the citizens in District I, noting that Mr
Edwards and she try very har1 to represent them fairly, but she under-
stands how General l~uster felt
Vance Edwards asked if a letter could be sent to the people who have
submitted their applications to serve on the Business Development
rommission advising them their applications have been received and
thev will be notified when the appointments are made He asked that the
drainage problem at 33rd and Harlan whic~ causes all the water at the
site to drain the soil from the ~ight-a-way into the driveway of the
property on the corner whic~ becomes mud and a bogg forms causing a
large hole making if very difficult for the property owners to exit
from their driveway
Mr Middaugh is aware of t~e problem and has discussed it with Bob
Goebel The drainage project which should eliminate the problem is in
progress and when completed will resolve the problem In the meantime
he will look into it
Claudia Worth stated she received a letter from Wide Horizons
questioning a development agreement Kathryn Schroeder stated that she
is sending a letter to Wi de Horizons a.dvising them they will not have to
pay double contributions -- Wide Horizons will only pay one time
She questioned if the 38th hvenue bid that is being sent out had
a "Stop" clause in it Kathryn stated she is working with staff to
come up wit~ language that when the bid is sent out it will have
language in it that will protect the rity and the contract can be
cancelled at anytiloe Tony Solano stated Denver International Airport,
Coors Fiel1, Colorado Convention Center and Temple Buell Theatre and
Performing Arts renter bids all ~aj these types of clauses in them,
and all were bid on a competitive basis
.t!s> t ion to ad j 0 urn by r1 r Hall, s e con :I e j by M rEa fan t i, car r i e d 8 - 0
Meeting adjourned at 10 50 p m
_==!L..: ........-.._:~~....~..~_~~_<O_.._~_~_......,~_ ...,.,..""...._.._"..... ...-......_.._,_
'vland;a Sang, ri'ty clerk
APPROVED BY CIfr CUUNCIL ON MARCH 28, 1994 BY A VOT~ OF
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Dennis Hall, Council President