Loading...
HomeMy WebLinkAbout05/09/1994 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO May 9-L-.l994 The City Council Meeting was called to order by Mayor Wilde at 7 00 p m Councilmembers present Rae Jean Behm, Don Eafanti, Vance Edwards, Dennis Hall, Ken Siler, Tony Solano, and Claudia ~orth Jean Fields was in the hospital, but was hooked up via telephone and was able to vote Also present City Clerk, Wanda Sang, City Administrator, Robert Middaugh, City Attorney, Kathryn Schroeder, Director of Public Works, Bob Goebel, Director of Planning, Glen Gidley, staff, and interested citizens PROCLAMATIONS AND CEREMONIES Mayor Wilde read the Proclamation for National Nursing Home Week, May 8-14, 1994 into the record he then administered the Oath of Office for neHly appointed Board and rommission members, Debby Mauldin, Animal Control Commission, Sharleen Strickland, Personnel Commission, and William Echelmeyer, Board of A,1justment APPROVAL OF MINUTES of April 12, 1994 and April 25, 1994 Motion by Mr Eafanti for the approval of the Minutes of April 12, 1994, seconded by Mrs Behm Mrs Worth requested a correction be made, page 3, first paragraph, correct the numbers "2b citizens" to "29 citizens" and add on page two, that a total of three citizens spoke, because they were all speaking on the same thing Mr Edwards requested that an addition be inserted on page two, prior the m~tion made by Mr Siler, noting "that he stated that the meeting had been illegally called, and that Chapter 5 4 (b) of the City rharter states specifically and calls for a notification process for any special meeting The meeting was not a regular Council meeting, it was not continuej over from another meeting and I felt that it was illegally called" Motion carriej 8-0, Mrs Fields voted Yes by voice vote Minutes approved as corrected Motion by Mr Eafanti for the approval of the Minutes of April 25, 1994, seclonded by Mrs Behm Motion carried 7-0, Mr Siler abstained CITIZENS' RIGHTS TO SPEAK The following speakers were sworn in by the Mayor Diane Fisher, 9450 West 38th Avenue, stated that she joes not approve of the- Citvcharging citizens $15 00 to purchase a copy of the Charter The Charter shou11 be available to all taxpayers so they can better understand the laws and the Charter itself Also, she opposes the situation on West 38th Avenue and the Council voting and placing it on the ballot in November CITY COUNCIL MINUTES t~ ay 9, 1994 Page -2- Mrs Sang stated that t~e Charter is citizen to come in and check it out charge for a copy of the Charter available in her office for any The policy of the City has been to John Powers, 2615 Upham Street, read a letter into the record from Wheat RidgA United Neighborhoods The letter was to inform City Council and call their attention to a re-print from WRUN newsletter "For the Record" West 38th He stated that he feels the special meeting that was held by City Council voting to place the question on the ballot was held illegally LOCAL LIQUOR LICENSING AUTHORITY MATTERS Items Transfer of Ownership for "Lakeside Liquors", 5820 W 44th Avenue, Wheat Ridge Mr Michael Kupecz, Attorney-at-Law, 1450 So Havanna Street, represent- ing the applicant, and the applicant, Soon Hee Lim, were sworn in by the Mayor and answered Council questions Motion by Mr Siler to approve the transfer of ownership of a Retail Liquor Store license from Nora Martinez and Michael Sherry, dba Lakeside Liquor, 5820 W 44th Avenue, Wheat Ridge, Colorado, to Soon Hee Lim, 2500 So York Street, #P-2, Denver, Colorado, for the following reasons 1 /ill paid, signed Police applications and fees required by statute have been filed and 2 Mrs Lim is in possession of the premises by virtue of a lease dated April 5, 1994, 3 Mrs Lim has been cleared by the Department, seconded by Mr Hall Motion carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 Application by Medved Chevrolet for approval of a Planned Building Group Plan for development within a Commercial-One (C-l) zoned property located at 11201 West 1-70 Service Road North (Case No PBG-94-1) (Postponed from April 11, 1994) Dennis ~olk, lb67 Cole Blvd, Golden, attorney for Medved, was sworn in by the Mayor He explained that they were here applying for an interim use as expansion of the Medved Chevrolet used car sales area, and would eventually develop that site as a new car dealership Mr Gidley was sworn in by the Mayor and presented the staff report Motion by Mrs Worth that this Item be continued until all points suggested by the Planning Commission are addressed and resolved, seconded by Mr Edwards, failed 3-5 with Councilmembers Edwards, Worth, and Field voting yes (ITY COUNCIL MINUTES r~ay 9, 1994 Page -3- Steve Hammond, 165 S project, was'sworn in drainage problems had Union Blvd, Lakewood. Engineer by the Mayor, he explained that been addressed at this time working on the he felt all the Frank Wheelin~, 5006 Parfet Street, was sworn in by the Mayor He is concerned with the cars parked on Parfet Street, this morning there were 75 cars on Parfet, get going with this item and get the cars off the street John Medved, 51U Rand, Littleton, applicant, was sworn in by the Mayor, he wants to do a good job and get this project done by J~ly 1, it is costing him a fortune, he is more interested in good drainage than anybody else Motion by Mr Hall that rase No PBG-94-1, 3 request for approval of a planned building group plan for property located at 11201 W I-70 Service Road North be approved for the following reasons 1 All minimum requirements of the C-l zone district have been met 2 Both interim and long term use of the property is consistent and compatible with adjacent land ~se and zoning With the following conditions 1 At least 165 spaces spread over both east and west sections of the Medved property be reserved for customer and employee parking 2 West 50th Avenue be constructed on both sections of the Medved property when a building permit for the property immediately to the west of the Medved property is issued 3 Only administrative building permit review be required at the time of permanent build-out, seconded by Mr Solano Motion by Mrs Worth for an amendment that only a 35 square feet signage is allowed at this time unless a variance is given Motion failed for lack of second Mrs Worth asked that as soon as construction is finished "No Parking" signs be put up on Parfet City will be responsible to do that Mrs Worth moved for an amendment that the P A system not be used on this site Motion failej for lack of second Mr Solano asked that under condition 1 the 105 spaces reserved for customer and employee parking not be used for stock vehicles Motion-maker accepted this as a friendly amendment Motion carried 5-3 with Councilmembers Fields, Worth, and Edwards voting no I te..!!!....2_ Council Bill 50 - An Ordinance amending Chapter 9, Health, of the Code of Laws of the City of Wheat Ridge by adding thereto an Article IV Regulation of the use of certain wood burning appliances during high pollution days, and providing a penalty for violation thereof Council Bill 50 was introduced on second reading by Mrs Behm, title read by the Clerk, Ordinance No 962 assigned CITY COUNCIL MINUTES May 9,1994 Page _It- Mrs Worth read a letter into the record that had been distributed to City Councilmembers into their mail boxes It is from Eleanor and Vernon Stowe, 4265 Iris Street, to Home Owners Insurance Policy, West American, 136 North 3rd Street, Hamilton, Ohio, regarding wood burning stoves Motion by lViI'S seconded by Mr Behm for approval of Council Bill 50 (Ordinance No Hall, carried 7-1 with Mrs Worth voting No 962) , Item_~:.. Council Bill 51 - An Ordinance vacating a portion of Field Street extended between Field and Flower Streets at approximately 3401 Field Street, within the City of Wheat Kidge, County of Jefferson, State of Colorado Council Bill 51 was introduced by Mr Edwards, title read by the Clerk, Ordinance No 963 assigned Glen Gidley presented the staff report and explained that a portion of the right-of-way actually lies under a lake and would not be utilized for road purposes The legal description in the Ordinance needs to be revised prior to final publication to exclude one small area and include another small area Mr Gidley read the new legal desoription into the recor,d The following speakers were sworn in by the Mayor Julia Taylor, 3480 Everett Street, representing the Board of Directors and members of the North Henry Lee Reservoir Corporation, spoke in sllpport of the Street vacation with the stipulation that no encroachment be made on the shoreline of the reservoir, there be no reducrion of the storage oapacity of the reservoir during construction or future maintenance of public turnarounds at the end of Flower and Field Streets Harold McCloud, 3255 Field Street, he is the individual who initiated this request, when he purchased his property in 1982 he was under the impression that it was Lakefront property, when he applied to the City to make improvements, he found out that there was a street and it was public right-of-way and people COllI d use it at will Jimmie Fourcade, 3390 Flower Street, is in full agreement with the street vacation, with the widening of Field Street and Flower Street, it will be easier for the Fire Department and Ambulances to maneuver Elizabeth M~2:, 9120 W 35th Ave, spoke regarding the "No Parking" signs that will go up on the street, suggested that the sign that is going up near the lake sav "No Parking Beyond this Point", there are other people on Flower Street that agree that this would be a reasonable solution Nadine Gross, 3330 Flower Street, stated that most of the neighbors do not want this vacation They have the road, why not use it, they need a turnaround for safety reasons, if the road is put in it would be an asset for all, if it is vacated, it would benefit only 3 few CITY COUNCIL MINUTES Hay 9, 1994 Page -5- Christine Moxer~ 1700 Glen Gary Drive, Lakewood, owns property at 3250 Flower Street, she asked that this vacation be denied because the residents of Field and Flower Streets hav~ not had sllfficient ingress and egress on their streets for many years, leave it as is, it may be used in fllture years when the lake recedes, complete an efficient turn-around for both streets Kit Kimball, 3290 Field Street, spoke in favor of the vacation, her property will be directly affected by the vacation, but she feels it will be in the best interest of the residents to vacate, it will enhance the area and people with small children were in favor Don Donner, 33b5 Flower Street, spoke in favor of the vacation, he will lose parking places in their driveway, but feels it is a worthwhile sacrifice to have a turn-around Public Works Director, Bob Goebel, 7500 W 29th Avenue, answered Council's questions and concerns Motion by Mr Edwards that Council Bill 51, a request for approval of an i:i'ni"l sed po r t ion 0 f Fie 1 d S t r e e t, ex ten d e d bet wee n Fie 1 d S t r e e t ex ten d e d between Field and Flower Streets, be vacated for the following reasons 1 There are no utilities in the right-of-way 2 No properties have access from the right-of-wav 3 Planning Commission recommends approval With the condition that turnarounds on Field ani Flower Streets are provided in accordance with Section V of the staff report He also noted for the record that the legal description will be as read into the record tonight, not as printed in the Ordinance, seconded by Mrs Behm, carried 8-0 Item 5 Council Bill 52 - An Ordinance amending Section 5-76 of the Code of Laws of the City of Wheat Ridge, pertaining to solid fuel burning fireplaces Council Bill 52 was introduced by Mr Edw3rds, title read by the Clerk, Ordinance No 964 assigned ~otion by Mr Edwards for approval of Council Bill 52 (Ordinance 964), seconded by Mr Eafanti, carried 7-1 with Mrs Worth voting no Mrs Worth stated what we really need is better emission control and enforcement of idling ordinances, rather than punishing people with fireplaces This is a minor part of the pollution ORDINANCES ON FIRST READING Ite3~j~ Council Bill 48 - An Ordinance amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to Special Uses Council Bill 48 was introduced by Mr Edwards on first reading, title read by the Clerk CITY COUNCIL MINUTES t1ay 9, 1994 Page -6- The following speakers were sworn in by the Mayor Shaundel Goode, 3363 Jay Street, requested that Council amend the Ordinance to give adjacent property owners the right to legal protest when special permits are applied for In addition she askej that Council pass a separate ordinance dealing specifically with special use permits She suggested that day care be removed from this Ordinance, there are no restrictions placej on daycare which may want to locate in residential areas and this is not right Other cities have ordinances that deal specifically with daycare in residential neighborhoods Jhyree Bur~ile, 6285 W 35th Avenue, asked that the right to legal protest be included in the Pawnshop Ordinance, she also askej that daycare be addressed in a separate ordinance Dick Da~, 3220 Ingalls Street, also asked that the right to legal protest be given whenever an applicant applies for a special use permit, requested that 1aycare be removed from the Pawn Shop Ordinance and that a separate ordinance address daycare with specific restrictions in residential neighborhoods Norma Faes, 6215 w 35th Avenue, recommended that a separate ordinance be draft~j and considered regarding legal protest for all special use permits If Council chooses to add legal protest to the Pawn Shop Ordinance it should be made clear that this would apply to each and every special use permit application Also, she recommended that Daycares be removed from the ordinance dealing with Pawn Shops and that a separate ordinance be drafted and considered dealing only with Daycares Geraldine Fa~ 6205 W 35 Avenue, requested that Sections 2 and 3 be deleted from Ordinance No 945 She stated that a rightful public hearing has not been held on daycare facilities either at Planning rommission or by City Council to determine how they will affect the City and residential areas Susan Seeds, 6147 W 35th Avenue, stated she is in agreement with the previous speakers regarding adding the right to legal protest, espeCially for special use permits, and requested removing daycare centers from the Pawn Shop Ordinance, and recommended that a separate ordinance be drafted dealing only with daycare centers Norm Burkpile-L 6285 W 35th Avenue, stated he favors the right to legal protest, and requested that the Pawn Shops and Daycare Centers be considered in two separate ordinances Mr Gidley stated and entered for the record and corrected the staff report to the Planning Commission and to correct the table shown on the overhead tonight He incorrectly indicated that daycare centers are not allowed, or were not allowed in residential zone districts prior to passage of Or1inance No 945, when in actuality Daycare centers of all types have always been allowed in any residential zone district as an accessory use to a church CITY COUNCIL MINUTES May 9, 1994 Pag~ -7- City Attorney, Kathryn Schroeder, clarified that the City's position is that Daycare Centers and Pawn Shops are included in the Special Use Ordinance Speakers referred to the Ordinance as the "Pawnshop Ordinanc~", it really is a Special Use Ordinance Mr Hall suggested that wher""ver the word "changes" appears in Council Bill 48, it be replaced with "Special Use Permits" to avoid any conf~sion He also s~ggested that under Section (5), subparagraph (3) be stricken prior to publication Motion by Mr Solano to hold an Fxecutive Session under Section 5 7(b)(1)(A) of the rharter, seconded by Mr Siler, carried 8-0 EXECUTIVE SESSION WAS HELD. Motio.!!. by Mr Edwards for the a,doption of Council Bill 48 on first reading, with clarifying changes in the legal protest section recommended by staff, a public hearing be set for June 13, 1994, and order th"" Council Bill be published as required by law, and be effective upon approval by City Council, seconded by Mrs Worth Mr Siler will r""luctantly vote against this b""cause he feels it might send a message to the courts that the City has made a mistake on the previous ordinanc"" Motion by ~1r Hall, carried no Solano to eliminate Sections 2 and 3 , seconded by Mr 5-3 with Councilmembers Worth, Edwards, and Fields voting Vote on original motion as amended carried 6-2 with Mr Eafanti and Mrs Fields voting no Motion by Mr Edwards to hold a Special Study Session with public testimony to discuss Special Use Permit and Daycare Usage for children and adults in residential areas, seconded by Mr Solano, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Mr Middaugh introduced Kevin Nichols and Janet Stromberg from the Jefferson County Planning Department, who presented a slide program on the proposed complete reworking of the County's Comprehensive Planning process Item 7. Amendment to 1994 Capital Improvement Fund Shopping Center) (Applewood Mr Middaugh presented the staff report and answered Council's questions Motion by Mr Edwards that the City Administrator be authorized to prepare amAndments to the 1994 Capital Improvement program for rity Council review and approval regarding Capital project needs in the vicinity of Applewood Shopping Center, seconded by Mr Solano, carried 8-0 Mrs Worth made a statement that no 38th Avenue money was to be used for this project CITY COUNCIL MINUTES May 9,1::194 Page -8- Item 8 Budget adjustments to computer fund Mr Siler asked that the two suggested motions be voted on separately Motion by Mrs Behm that $23,000 of revenue provided to the City through the Cellular One leasp agreement be appropriated as supplemental revenue for the computer fund and further that the $23,000 be added to line item 776 of the computer fund for repair and maintenance, and that the 1994 budget be amended as required, seconjed by Mr Eafanti, failed 4-4 with Councilmembers Hall, Be~m, Solano, and Eafanti voting yes Motion by Mr Edwards that $5,000 of revenue provided to the City through the Cellular One lease agreement be appropriated as supplemental revenue for thp computer fund and further that the $5,000 be added to line item 776 of the computer fund for repair and maintpnance, and that the 1994 budget bp amendpd as required, that the remainder of the $23,000 be returned to the General Fund, seconded by Mr Siler, carried 7-1 with Mr Solano voting no Motion by Mrs Behm that $2,276 be authorized for purchase of a computer for the Economic Development Coordinator, from funds available in Line item 59-117-802, seconded by Mr Solano, carried 8-0 Item 9. CONSENT AGENDA: A Resolution 1401 - authorizing the Director of Parks and Recreation to sign the American Red Cross authorized provider agreement and authorizing payment of the facility fee and supplies fee B Purchase of Chairs C Computer Purchases D Weej Mowing & Trash/Junk Removal Services (RFB #94-16) Motion by Mr Hall to approve the Consent Agenda as printed, seconded by Mr Eafanti, carried 8-0 CITY ADMINISTRATOR'S MATTERS Mr Middaugh gave an update on the work of the Economic Development Coordinator He reminded Council of the seminar on Reinventing Government and urged them to attend He gave out schedules on CAP meetings CITY ATTORNEY'S MATTERS Kathryn Schroeder informej Council that the Circuit Court of ~ppeals had set the date for the Cerveny vs Wheat Ridge case for June 7 at 9 00 a m at the Court of Appeals CITY COUNCIL MINUTES Hay 9, 1994 Pagp -9- ELECTED OFFICIALS' MATTERS Wanda Sang statej that Wheat Ridge does not have to do any reapportionment of our districts Claudia Worth was surprised that City Councilmembers got appointed to different jobs without approval by the entire Council Tony Solano thanked the J~ayor for being consi jered for the Housing Authority position He asked Council that he be allowed to attend the CML convention Mrs Worth and Mr Edwards also requested to go Vance Edwards asked what is going on with the Cable company Mrs Schroeder will give 3n update during a Study Session Ken Siler stated that there is a new business in the ~ilmore Center, Jefferson Travel, they want a Grand Opening program Rae Jean Behm also wants to go to the CML convention She reminded everyone of the third annual 38th Avenue Merchants Garage Sale Consensus was to have the Study Session discussed earlier in the meeting the second Study Session in June Jean Fields asked to be able to attend a Fred Pryor workshop in Denver and also the CML convention Motion by Mrs Behm to adjourn, seconded by Mr Siler, carried 8-0 Meeting adjourned at 11 25 p m /.i .. "L j . \ '. ~ia-san~g-,--C-iry"~~-r-k-----.__._'.- APPROVED BY CIH COUNCIL ON MAY 23, 1994 BY A VOTE OF --'-_ TO ___ i \" { ( . Iren-n-:Cs-11all;-'-C-ollnc i 1 P r e-s-rJ-e-ntM