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 . \ '.
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APPROVED BY CIH COUNCIL ON MAY 23, 1994 BY A VOTE OF --'-_ TO ___
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