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----