Loading...
HomeMy WebLinkAbout03/14/1994 CITY COUNCIL MINUTES ) 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 ----- 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 (' L TU ' ) -_..-.......-..._...__._-..--_.._...-.._-----;..-~---_.--.._.,_._.._._,--... ~- Dennis Hall, Council President