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HomeMy WebLinkAbout06/13/1994 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO June 1-L-J 994 The City Council Meeting was called to order by Mayor Wilde at 7 OU p m Councilmembers present Rae Jean Behm, Don Eafanti, Vance Edwards, Jean Fields, Dennis Hall, Ken Siler, Tony Solano, and Claudia Worth Also present City Clerk, Wanda Sang, City Treasurer, Jim Malone, City Administrator, Robert Middaugh, City Attornev, Kathryn Schroeder, for the Director of Public Works, John Oss, Chief of Police, Jack Hurst, for the Planning Director, Meredith Reckert, staff, and interested citizens PROCLAMATIONS AND CEREMONIES Mayor Wilde read Proclamation for Colorado Recycle Month, J~ne 1994 Mayor Wilde presented Certificates of Recognition for Wheat Kidge Farmers State Lacrosse Championship to the Lacrosse team from Wheat Ridge High School APPROVAL OF MINUTES for May 23, 1994 Motion by Mr Eafanti for the approval of the Minutes of May 23, 1994, seconded by Mrs Fields, carried 6-0 with Mrs Dehm and Mr Siler abstaining Motion by Mrs Behm to hear Item 5 are a number of people signed up to Edwards, carried 8-0 A. '3nd B speak on after Item 1 since that, seconded by Mr there CITIZENS' RIGHTS TO SPEAK Esther Hussell, 9900 E Ohio Avenue, Denver was sworn in by the Mayor, she is a professional, registered parliamentarian, a member of the Colorado Association of Parliamentarians, and the National Association, she h'3s been involved in parliamentary law for over 20 years Mr Tony Solano has asked fJr her opinion on certain actions that took place d~ring the meeting of May 23, 1994 It is her opinion that the motion not to put 38th Avenue on the ballot was improper The words "not to place on the ballot" were a reversal of the decision that had been made previously and therefore it was act~ally a reconsideration She then read from the Council Rules Section regarding reconsideration Since the motion was in violation, it is null and void Ken Siler asked for a ruling from our ~ity Attornev as to the legalitv of the actions taken on May 23, 1994 CITY COUNCIL MINUTES June 13, 1994 Page -2- Kathryn Schroeder stated it is her opinion that the motion made was clearly null and void Mayor Wilde ruled the motion null and void and ordered that it bA stricken from the rAcord Mr Edwards moved to appeal that decision, seconded by Mrs Worth, failed 3-5 with Councilmembers Worth, ~dwards and Fields voting yes Ken Siler stated that he finds the conduct of Mr Edwards at this meeting and the meeting of May 23 totally incredulous and out of line In bringing up the reconsideration of 38th AvenuA, he not only violated the rules of parliamentary procedure, he has only played with the emotions of the citizens of Wheat Ridge Mr Edwards made a mockery of vouncil procedures and he moved that this vouncil publicly censure Vance E.iwards for bringing up 38th Avenlle on May 23, as per Council Rules 6 3, page b and that this motion be published in the paper along with the results, seconded by Mr Hall Mr Edwards considers a censure coming from this Council "a badge of honor" Mrs Worth asked for a friendly amendment to ad.i her name to the censure, Motion-maker and second accepted Mrs Fiel.is wants to be censured too This was accepted Motion was tied 4-4 with Councilmembers Hall, Behm, Eafanti, and Siler voting yes Mayor Wilde brokA the tie by voting yes Motion carried 5-4 The following speakers were sworn in by Mayor Wilde T~e speakers marked with an * were present to address W 38th Avenue, their concerns included do not delay construction to a 36 ft width any longer, do not make the street 44 ft wide, don't put this on the November ballot, quality of life along residents of 38th Avenue, safety should be a priority *Jeanell Ondrusek, 4075 Holland Street, *Rich Ondrusek, 4075 Holland Street, *Leo Rainwater, l1b95 W 37th Avenue, *Joshua Thiessen, 9560 W 38th Avenue, *Karen Thiessen, 9560 W 38th Avenue, (turned in 13 additional petitions for 3b ft wi jth) , *Hannah Thiessen, 9560 W 38th Avenue, *Cathy Wagner, 9b30 W 38th Avenue, *Dave Wagner, 9630 W 38th Avenue, *Chris Rosson, 9490 W 38th Avenue, *Lisa Rosson, 9490 W 38th Avenue, *Tom Taylor, 9801 W 38th Avenue, *John Powers, 2615 Upham Street, (entered a letter from Wheat Ridge United Neighbors listing reasons why a 44'-four lane design is a bad idea for W 38th Ave, Cody to Kipling, or any other street in Wheat Ridge) , *Tom Klinger, 11735 W 38th Avenue, *Carol Palm, 3905 Garrison Street, CITY COUNCIL MINUTES Junp 13, 1994 Pagp -3- *Mary Moslpy, 11325 W 40th Avenue, *Jim Rogers, 3875 Robb Street, *Jim Deeds, 9515 W 38t~ Avenue, *Junp Wiebe, 9745 W 38th Avenue, *Annette Mulholland, 4185 Everett Drive, *Kay Pesci, 3b1~ Garland Street, *Tom Slattery (read letter from Louise Turner) *Ida Tyler, 1Ub95 W 3bth Avenue, Ken Lewis, 3840 Wright Street, spoke regarding ESTIP program, questioned availability of records on how ESTIP lDOnPj is being used, be carpful to vote for an extension to thp program, *Karen 3nyder, 9111 W 38t~ Avenue, *Melissa Snyjer, 9111 W 38t~ Avenup, *Jack CoOVer, 3U90 Hoyt Street, *Teri Dalbec, 3U10 Garrison Street, Ron Selstad, 2890 Lamar Street, questioned Council Rules of Order and Procedure, Council breaks or ignores their own Rules, but censors the citizens for speaking, called for Council to resign *Charles Dalbec, 3810 Garrison Street, *Ric Ondrusek, 3815 Garrison Street, *Ruth Ondrusek, 3815 Garrison Street PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council 8ill No 54 - An Ordinancp providing for the approval of rezoning from Agricultural-One, Rpsidential-One and Residential-Two to Plannpd Resijential Developmpnt on Land located at 10241 West 38th Avenue, 10150 West 40t~ Avpnue and 3975 Miller Court, City of Wheat Ridge, County of Jefferson, State of Colorado (~ase No WZ-94-3) (St rves Realty) (Continued from May 23, 1994) Mr Middaugh stated that this case had been presented on May 23, 1994 and exhibits had been entered into the record He explained that what appears to be a valid legal protest from adjacent property owners has been submitted and therefore this needs a two-third majority vote of Council to pass This will not be a legal protest if the property is rezoned for 140 units or less He entered the protest into the record Council Bill 54 was introduced on second reading by Mrs Behm, title read by t~e Clerk, Ordinance No 968 assigned Applicant, David Dertina, President of St rves Realty, and Jerry York, of York Engineering, were sworn in by the Mayor and Axplainpd thp plans for this project Their preliminary site plan presented to the neighbors showed 140 units, and if they are stuck with this, fine, but they would like more flexibility CITY COUNCIL MINUT~S Junp 13, 1994 Page -4- Motion by Mrs Behm that ~ase No WZ-94-3, a request for approval of a rezoning from A-1, R-1 and R-2 to P13nned Residential Development and for approval of an outline development plan for properties located at 10241 West 38t~ Avenue, 10150 West 40th Avenue and 3975 Miller Court be approvpj for the following reasons 1 The re4uest is consistent with the Comprehensive Plan 2 rt is compatible with adjacent land use and zoning 3 Thp critpria used to evaluate a rezoning support approval of this request With the following conditions in regard to the final Development Plan and Plat stage 1 The street system should be legally described as an "out-lot tract" and designated fire lanp with specific design and maintenance provisions specified, including parking restrictions 2 Resolution of t~p various agency comments regarding fire and police access and servicps, public works comments, planning department comments, etc should be incorporated into the final plan and plat 3 That a traffic study be done that addresses the issue of a single entrance, impact to the street system and the proposed intersection Further, the study should investigate the possibility of other access points It should not pxceed 150 units Seconded by Mr Eafanti Motion by Mr Edwards to amend the motion that it not exceed 140 units, seconded by Mrs Worth, carried 5-3 with Councilmembers Siler, Behm, and Eafanti voting no Original Motion as amended carried 8-0 Item 5 A Authorization of ~apital rmprovpments in the area of 38th Avenue and Young field Street Mr Middaugh explained the need for road drainage and other capital improvements and answered Councils questions Mr Edwards wanted noted for the record that he has discussed Item 5 A with Mr Lewis and Mr Ficco, but not 5 B , which is quasi-judicial After lengt~y discussion Mrs Worth moved to postpone this rtem until it could be discussed at a Study Session, and that Mr Biehl, the owner of Applewood Shopping Center, be invited to participate, seconded by Mr Edwards, failed 3-5 with ~ouncilmembers Edwards, Fields, and Wort~ voting yes Mrs Behm introduced rtem 5 A and ~lerk read the title Ralph Santangelo, 3801 wright Court, was sworn in by the Mayor He complimented some of the Councilmembers and staff who had taken care of many of the problems addressej at neighborhood meetings, he hoped this cooperation would continue and problems in the area would be resolved, such as major drainagp problems CrTY COUNcrL MrNUTcS June 13, 1994 Page -5- Ken Lewis, 3840 Wright Street, was sworn in by the Mayor, he asked that the Walmart project and drainage projects be accomplished simultaneously Motion by Mrs Behm that the City's capital improvement budget be amended to reflect the addition of $800,000 of improvements in the area of 3bth and Youngfield Street in 1994, that improvements to 38th Avenue between ~ody and Kipling be shown no sooner than 1995, and that the school sidewalk progranJ be altered to reflect projects in 199b through 1999, r further move that the 1994 budget be amended to reflect the addition of the 38th Avenue and Youngfield Street improvements in the amount of $800,000 and that such funds are considered to be appropriated for utilization in the completion of said improvements and that the 1994 budget be further amended to reflect the deletion of 2 4 million dollars for 3bth Avenue improve~ents from Cody to Kipling and that such i~lJrovements be reflected in the 1995 budget at the earliest, r further move that the staff be directed to immediately undertake the design and construction of capital improvements in the area of 38th Avenue and Young field Street as a priority project and complete such projects as expeditiously as possible, seconded by Mr Hall Mr Solano asked for an amendment to the motion to take out $15,200 00 from the $800,000 00 to reflect the amount for the Hammerhead turn- around This was accepted by motion-maker and second Motion carried 5-3 with Councilmembers Worth, Edwards, and Fields voting no B Request for approval of an amendment to the Applewood Shopping Center final development plan Purpose is for the expansion of the existing Wal-Mart store (Continued from May 23, 1994) Meredith Reckert presented the staff report Paul Crabtree, Colorado Land Consultants, Englewood, representing WalMart and the applicant, General Management Company, was sworn in by the Mayor He stated they ~ad been working with staff and worked out compromises and come to a good project Kathleen Krieger, Traffic Engineer, 4090 Estes Street, was sworn in by the Mayor, she explained that the expansion of WalMart does not mean an increase in traffic She answered Councils questions Jerry Biehl, 11115 W 38th Avenue, owner of Applewood Shopping Center, was sworn in by the Mayor and answered questions He has supplied the City with ietailed records as to how the ESTIP money has been spent The following speakers were sworn in by the Mayor Sue Wilson, 3390 Holland Street, representing the owners of the Apple Gold Gift and Gourmet Shop, asked for approval of the WalMart expansion CrTY ~OUNCIL MrNUTES June 13, 1994 Page -6- Ralph Santan~elo, 3801 Wright ~ourt, questioned the number of parking spaces and the wi:Jth of at least one access point to accomodate bus traffic Ken Lewis, 3840 Wright Street, also wondered about how many parKlng spaces would be lost, hopes the lou:Jspeaker noise will jisappear, questioned the use of the words "final development plan", maybe it should be "latest development plan", questioned exa~tly how big the extpnsion will be (answer was 22,000 feet), what size is the fence going to be, public hearing sign was not up at all times, how do you amend an Ordinance wit~out an Ordinance, (Mr Middaugh explained that this matter jid not require an Urdinance--all Council actions do not require an Ordinance, this is not ~hanging the land use, it is a generic use of the word "zoning", this was adopted in 1988, it is a final development plan and does not re4uire an Ordinance) solve drainage problems Tony Ficco, 12425 W loading zone, can't ~as never seen such came up with a nice unanswered 38th Avenue, can't see cars going out into the bus see where water is going--nothing is shown on plans, vague plans, staff did a lot of work on this and drainage plan, but a lot of questions are left Motion by Mrs Behm that Case No WZ-94-4, a request by General Management Company for approval of an amendment to a Final Development Plan for t~e Applewood Shopping Center Planned Commercial Development be approved, based upon the following findings and conditions as stated Findings 1 There is jurisdiction for the City to consider this request, 2 All agencies indicate that t~ev can serve the proposal, and 3 All requirements of the Zoning Ordinance have been met, or will be met based upon the conditions recommended ~onditions 1 Regar,iing the building addition and exterior renovation, the ar~hitectural treatment, including colors and use of mansard roof and gable shall match that of the building which extends to the south 2 Regarding the parking lot western access from West 38th Avenue, that a circulation drive be maintained through the parking lot as recommended by staff 3 Regarding drainagp, that the owner be prepared to construct or pay the City for construction of, drainage facilities within the shopping center that will connect to the City's storm sewer system in West 38t~ Avenue, when completed, that we ~ave a jevelopment agreement to take care of this, 4 That staff and the owner continue to work on solving traffic circulation ~roblerns through the shopping center to West 32nd Avenue, seconded by Mr Eafanti After discussion Mrs Behm removed Condition 2 from her motion, second accepted this Motion by Mr Edwards to postpone this rtem until the next meeting because more questions have been raised than answered during this hearing, seconded by Mrs Worth, carried 5-3 with Councilmembers Hall, Eafanti, and Behm voting no Motion by Mr Hall to suspend the Rules and continue this meeting until tomorrow at 7 00 p m rt is now 1 05 am, tempers are getting short, people have to go work the next morning, seconded by Mrs Behm, failed 6-2 with Councilmembers Hall and Be~m voting yes CITY COUNCIL MINUTES June 13, 1994 Page -7- Motion by Mrs Worth to continue this meeting until Thursday at 7 00 p m Mr Middaugh stated that Planning Commission meets in Council Chambers on Thursday night Motion by ~Ir Edwards to move rtem 3 lJp to be heard now, seconded by Mr Solano, carried 8-0 Item 3 Council Bill No 55 - An Ordinance providing for the approval of rezoning from Agricultural-Two to Restricted rommercial on land located at 4217 Xenon Street, City of Wheat Rijge, County of Jefferson, State of Colorado (Case No WZ-94-1) (George Johnston) Council Bill 55 was introduced on second reading by Mr Hall, title read by the Clerk, Ordinance No 969 assigned Meredith Reckert explained that this is a threefold request Approval of rezoning from A-2 to R-C with site plan approval, approval of a variance to lot size, and approval of a two-lot subdivision Each request will need a separate motion She then presented the staff report George Johnston, 122 Pine Ridge Road, Evergreen, applicant, was sworn in by the Mayor, ~e explained his reason for wanting to proceed with his variance as presented Variance Motion by Mr Hall that the request for approval of a lot size variance in an A-2 zone district be denied for the following reasons 1 There is no physical hardship, 2 Circumstances are not unique, it is simply a matter of convenience for t~e applicant, and 3 The evaluation criteria do not support approval of this request, seconded by Mr Solano, carried 6-2 with Mrs Fields and Mr Eafanti voting No Rezonin~ Motion by Mr Hall that Case No WZ-Y4-1, a request for approval of a rezoning from Agricultural-Two to Restricted Commercial for property located at 4217 Xenon Street, be approved for the following reasons 1 Some of the land use in the area is semi-commercial in nature, therefore, there is compatibility 2 It is in conformance with the Comprehensive Plan 3 The evallJation criteria sUlJport approval With the following conditions 1 The property be developed in accordance with th submitted site plan, anj 2 ~dditional parking be provided if full build-out occurs on Lot 1, seconded by Mr Solano, carried 7-1 with Mrs Fields voting no CrTY COUNcrL MINUTES June 13, 1994 Page -8- Minor Subdivision Motion by Mr SofaDo that Case No MS-94-1, a request for approval of a two-lot minor subdivision, for property located at 4217 Xenon Street, be approved for the following reason 1 All requirements of the Subdivision Regulations have been met With the following condition Minor legal description errors be corrected, seconded by Mr Solano, carried 8-0 Council Bill 48 - An Ordinance amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to SpeCial Uses Item 2 Council Bill 48 was also read the title introduced on second reading bv Mr Edwards, who Ordinance No 970 was assigned by the Clerk Motion by Mr Edwards for the adoption of Council Bill 48 (Ordinance 970), seconded by Mr Solano, carried 8-0 Item 4 Council Bill No 58 - An Ordinance regulating the possession of drug injection devices and possession, sale, manufacture, delivery, or advertisement of drug paraphernalia Council Bill 58 was introduced on second reading by Mr Edwards, who also read the title Ordinance No 971 was assigned by the Clerk Motion by Mr Edwards for the adoption of ~ouncil Bill 58 (Ordinance No 971) with the correction in Section 16-132 after the word veterinarians "or persons who lawfully utilize injection devices for the sole purpose of providing medical treatment to their pets or livestock", seconded by Mr Solano, carried 8-0 ORDINANCES ON FIRST READING rtem 6. Council Bill 60 - An Ordinance providing for the approval of rezoning from Agricultural-One (A-1) and Residential-Two (R-2) to Planned Commercia] Development (PCD) and for the approval of an outline and final development plan on land located at 4650 Kipling Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-94-2) (Johnny Ketelson Recreation Vehicles) Council Bil] 60 was intro1uced by Mr Hall on first reading, title read by the Clerk Motion by Mr Hall that Council Bill 60 be approved on first reading, ordered published, public hearing be set for Monday, July 11, 1994 at 7 00 p m in City Council Chambers, Municipal Bldg , and if approvej on second reading, take effect 15 days after final publication, seconded by Mr Solano, carried 8-0 CrTY COUNCIL MrNUT~S June 13, 1994 Page -9- DECIsrONS, RESOLUTIONS, AND MOTIONS Item 7 6 Resolutions to authorize the beginning of proceedings in eminent domain to acquire right-of-way for Independence Street project Mr Middaugh explained that 5 of the property owners had signed with the City and action was only required on Resolution lit13, the property at 4585 Independence Street, Sally Jo Button Motion by Mr Eafanti for the approval of Resolution 1413, seconded by Mr Hall, carried 6-2 with Mr Edwards and Mrs Fields voting No Item 8 Appeal from Ballistic Video Arcade Mr Hall stated that Mr Charles Reynolds, the owner Arcade, had a family emergency and had to leave town that this rtem be continued to June 27, 1994 of Ballistic Video He had requested Motion by Mr Hall to continue rtem 8 to June 27, 1994, seconded by Mr Solano, carried 8-0 Item 9 Appeal of decision reached by Public Works Advisory Committee to deny the requested four way stop sign at 33rd & Jay Motion by Mr Edwards t~at City Council overrule the jecision of the Public Works Advisory Committee and enact Warrant 5, Section 20-36, Wheat Rijge ~ode of Laws, ~nd place 4-way stop control at this intersection, seconded by hr Eafanti, carried 7-1 with Mr Hall voting no Item 10 Policy jecisions regarding ADA compliance and sidewalk replacement Motion by Mrs Worth to postpone t~is rtem to be discussed at a Study Session in July but to continue the curb and gutter project as is, new construction would have to be ADA compatible, seconded by Mr Eafanti, carried 6-2 with Mr Solano and Mr Edwards voting no rtem 11 CONSENT AGENDA: A Release of good faith deposit of Safeway for expenditures B Request for budget transfer and purchase of traffic control equipment C Amendment to 38th and Sherijan BDl Agreement D Acceptance of right-of-way at 4445 rndependence Street E 1994 Local Streets rmprovement Project (RFB #94-20) CITY COUNCIL MrNUTtS JIJne 13, 1994 Page -10- Motion by Mr Solano to approve the Consent Agenda as printed, seconded by Mrs Behm, carried 8-0 CITY ADMINISTRATOR'S MATTERS Mr Middaugh gave update on T~I proposed rate increase, this will be discussed at a Metro Cable Consortium meeting He asked what Council wanted staff to do with the easements on W 38th Avenue that had been negotiated specifying 36 ft width Residents had asked to have the easements returned to them Motion by Mr Edwards that everybody ~ement to the City be notified and given back to them, seconded by Mrs voting no that has given a right-of-entry if they want them back, t~ey be Worth, carried 7-1 with Mr Solano ELECTED OFFICIALS' MATTERS Tony Solano moved that we write a letter to Jefferson County School District that the City of Wheat Ridge is interested in possibly oontributing half of the money for aptitude testing and challenge the District to come up with the other half, seconded by Mr Siler, carried 6-2 with Mr Edwards and Mrs Fields voting no Motion by Mr Solano that the City Administer investigate the cost for hiring a certified parliamentarian for City ~ouncil, seconded by Mr Siler, carried 8-0 Motion by Mr Edwards t~at the City do a warrant study for a traffic light at 29th & Teller, seconded by Mrs Fields, carried 8-0 Ken Siler has 3 meeting on June 20 with DRCOG regarding RTD Light Rail, asked Councilmembers for input Jean Fields asked who was responsible to see that the City Charter was not violated and if there are any penalties for violation (Kathryn Schroeder read from the Council Rules that the penalties are Letter of Reprimand or Public Censure) Motion by Mrs Fields to have all meetings, including Study Sessions and Special Meetings on Cable, seconded by Mr Edwards, failed 3-5 with Councilmembers Worth, Edwards, and Fields voting yes Motion by Hr Edwards to adjourn, seconded by Mr Eafanti, carried 8-U Meeting adjourned at 2 30 a m ! ~.i x '.........t.......~~"-.,,_:.J , 'vI an ,i a San g, Oi t y -f'fe-ik-------------- APPROVED BY ~rTY COUNCrL ON JULY 11, 1994 BY A VOTt OF TO D enn-is--H"ilir;---co'"'ijn-c-il--p r es-:cTent----