Loading...
HomeMy WebLinkAbout02/13/1995 1 CITY COUNCIL MINUTES The Regular City Council was called to order by Mayor Wilde at 7 00 P m Councilmembers present Rae Jean Behm, Don Eafanti, Vance Edwards, Jean Fields, Ken Siler, Tony Solano, and Claudia Worth Also present City Clerk, Wanda Sang, City Attorney, Kathryn Schroeder; City Administrator, Robert Middaugh, Parliamentarian, Mary Bahde; Director of Planning, Glen Gidley, Director of Parks & Recreation, Gary Wardle, Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel, staff; and interested citizens CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building FEBRUARY 13, 1995 APPROVAL OF MINUTES of January 23, 1995 Motion by Mr Eafanti for the approval of the Minutes of January 23, 1995; Mrs Worth asked that on page 7, District IV, be changed to District III, seconded by Mrs Behm; carried 7-0 Motion by Mr Solano to suspend the Council Rules regarding Councils' ability to respond under public comment and allow responses, seconded by Mrs Worth; carried 7-0 Motion by Mrs Worth to move Item No 11, Council Rules of Order and Procedure--proposed changes, up on the agenda and be considered prior to hearing Local Liquor Licensing Matters, seconded by Mr Solano; carried 7-0 Mrs Sang read a notice for anyone that attended a Council meeting during the month of October a small unidentified purse was left in the meeting room CITIZEN'S RIGHTS TO SPEAK Karen Thiessen spoke about the rumor going around that there could be a possible delay of reconstruction of West 38th Avenue due to Undergrounding of some wires Mayor Wilde commented that Item No 13, Consent Agenda, "e - Undergrounding on W 38th Avenue," only pertains to the crossover lines that are on W 38th Avenue that was included in the City bid and it will be done with the project, and there will be no delaying reconstruction Karen asked Mayor Wilde several questions regarding his attendance at Wheat Ridge Alliance for Progress meetings CITY COUNCIL MINUTES February 13, 1995 Page 2 Ron Selstad spoke about the years he served on City Council, his attendance at Council meetings speaking under Public Comment, censor- ship by the Mayor for speaking and exercising his right to free speech, addressed the altercation between Mayor Wilde and Councilmember Vance Edwards, and addressed the memo written by Mr Middaugh to all Department Heads regarding contacts with Councilmember Vance Edwards Mr Solano responded stating that when he was first indoctrinated as to his Council duties he was informed that he should address all of his communications to either Mayor Wilde or Mr Middaugh, so when he read the memo he took no offense to it because he thought he was just following procedures He apologized to Mr Selstad for censoring him at a previous Council meeting Mrs Worth read into the record Section 4 9 "Relationship to administrative services," of the Wheat Ridge City Charter, and commented on the way that it has been interpreted and handled over the years since the City was incorporated Motion by Mr Solano that a legal interpretation of Section 4 9, Relationship to administrative services of the City Charter, be prepared by the City Attorney; seconded by Mr Siler; carried 7-0 Tom Shockley spoke about his opinion of what is right and wrong, and the philosophy that runs rampant within the majority of City Council and City Administration as to what is right and wrong He questioned where and if there is any loyalty towards the citizens of the City He addressed numerous objections with the Council, Mayor and Administration He questioned if the City had investigated the job site for a previous rezoning and the fill dirt The answer was yes Ron Patera spoke about first amendment rights; suggested that Mr Siler and Mr Solano should wave a flag with a hammer and sickle on it; Mr Middaugh's memo re public comment; Mayor Wilde's statement that developers have to wait up to 3 hours to speak because public comment takes up so much time Item 11. Council Rules of Order and Procedure--proposed changes Mr Edwards briefly explained the changes he and Mrs Worth had suggested CITY COUNCIL MINUTES February 13, 1995 Page 3 Bill Moore, 10024 W 30th Avenue, thanked the Mayor and Council for serving the City, the Christmas lights, the display at Mr Solano's house, apologized if he offended anybody by anything he has said or written; asked that Council set aside a certain amount of time for public comment, asked that Council make good use of the mediator; nothing is gained by dissention Bill Peterson, 6601 W 26th Avenue, stated that Wheat Ridge residents that live in the 80212 Zip Code area have to pay more for their insurance because this is a Denver Zip Code, he asked Councils' help In changing this Zip Code to 80033 Mr Edwards stated that this Zip Code thing has been an ongoing problem in District I and the City has tried many, many times to get the Post Office to change the Zip Code Motion by Mr Edwards to start this process allover again to ask the Post Office to have one Zip Code 80033 for the City of Wheat Ridge; seconded by Mrs Worth, carried 7-0 Leo Rainwater used to work for the Post Office, he explained that these zones were established long before Wheat Ridge was a City, he doesn't think that contacting the Post Master will be of help, may our Congressman back in Washington can help Helen Hurlburt presented petitions to Council which recommend that public comment be placed at the end of the agenda during regular Council meetings and/or a special time be set aside at study sessions for public comment Geoff Wodel1, 3935 Garland Street, suggested that the words "may meet at least once each month" be stricken from the proposed Rules under Section 3 1 1 Pre-Meetings He treasures his First Amendment Right, but does not feel citizens standing, walking, or sitting and talking to the audience and the audience at home has anything to do with their First Amendment Right His other concern is that Council has good Rules and then they don't follow them He complained about 38th Avenue not being undergrounded; about District IV having only one representative Karen Thiessen stated that citizens want to influence Councils' decisions and therefore want to have their input before Council makes a decision, not afterwards She feels that most Councilmembers have their minds made up before they listen to comments She is very grateful that Council voted unanimously to keep public comment where it is CITY COUNCIL MINUTES February 13, 1995 Page 4 LOCAL LIQUOR AUTHORITY MATTERS Item 1. Change of Location and Name Change for Time Square Liquors, 4216 Wadsworth Blvd (l-mile radius only) City Clerk, Wanda Sang, gave the staff report Motion by Mr Siler to waive the survey requirements for Time Square Liquors, now at 4216 Wadsworth Blvd, new name to be Discount Liquors, new location to be 3910 Wadsworth Blvd , Wheat Ridge, because the needs and desires of the neighborhood are not affected by this move I further move that a Public Hearing be held on this matter on Monday, February 27, 1995 at 7 00 P m and order that the property be posted 10 days prior to the hearing and a public hearing notice be published in the paper 10 days prior to the hearing to notify the neighborhood; seconded by Mr Eafanti Mr Edwards will vote against this motion because it has been years since a survey was done for Time Square Liquors and this move would bring the liquor store closer to the Junior High School If this motion fails, he will make an alternate motion to order a new survey Motion failed 3-4 with Councilmembers Behm, Eafanti, and Siler voting yes Motion by Mr Edwards that a survey be ordered for Discount Liquors, formerly Time Square Liquors, at their new location at 3910 Wadsworth Blvd , to establish the needs and desires of the neighborhood I further move that a public hearing be held on this matter on Monday, February 27, 1995 at 7 00 P m and order that the property be posted 10 days prior to the hearing and a public hearing notice be published in the paper 10 days prior to the hearing; seconded by Mrs Fields; carried 5-2 with Mrs Behm and Mr Siler voting no Mr Siler feels this is causing undue expense to the applicant; he has never heard about any problems with this liquor store Item 2. Application for a new Tavern Liquor License from Aspen Marketing, Inc , dba "Jonnie's Nite Club", 12100 W 44th Avenue, Wheat Ridge, Colorado (I-mile radius only) Wanda Sang gave the staff report Motion by Mr Edwards to set a 1-mile radius and order a survey to establish the needs and desires of the neighborhood I further move to set the public hearing date for March 13, 1995, order the property posted and the public hearing published in the Jefferson Sentinel; seconded by Mrs Fields; carried 7-0 CITY COUNCIL MINUTES February 13, 1995 Page 5 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 3. Council Bill 2 - An Ordinance providing for the approval of rezoning from Residential-Two to Residential-Two-A on land located at 10925 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-94-10) (Jeffco Housing Authority) Mr Solano stated that he had originally introduced Council Bill 2, but since that time he has bought property in that neighborhood and wondered if that constituted a conflict of interest Motion by Mrs Worth that Mr Solano be allowed to vote on this item; seconded by Mrs Behm; carried 6-0 with Mr Solano abstaining Council Bill 2 was introduced on second reading by Mr Solano; title read by the Clerk; Ordinance No 989 assigned Mr Gidley was sworn in by the Mayor and presented the staff report Alan Feinstein, Executive Director of Jefferson County Housing Authority, was sworn in by the Mayor He explained the reasons for buying this property and their plans to develop it as affordable housing They had to ask for the rezoning to allow an adequate number of units to keep the rents low Sworn in by the Mayor and speaking in opposition to the rezoning were Lisa Huber, 3900 Pierson Street, Bob Snyder, 3885 Pierson Street, Paula Davis, 3815 Parfet Their concerns included that the proposed change is not compatible with the surrounding area; upkeep of low income housing, no benefits to the community; increase in traffic would negatively impact the safety of children, this would be spot zoning; one block away already has low income housing; property could be developed as duplexes by a private developer and still be economical; properties in the area will depreciate City Clerk, Wanda Sang, read a letter from Ida Tyler, Avenue, into the record, which opposes this rezoning legal protest from Paula Davis into the record, which rezoning 10895 W 38th She also read a opposes the Motion by Mr Solano that Council Bill 2, a request for approval of a rezoning from R-2 to R-2A for property located at 10925 West 38th Avenue, be denied for the following reason Section 6 of the Rezoning Criteria does not apply "6 That the property cannot reasonably be developed under the existing zoning conditions " Seconded by Mr Edwards Mr Edwards stated that Section 5 of the rezoning criteria also doesn't apply "Section 5 That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties" CITY COUNCIL MINUTES February 13, 1995 Page 6 Mrs Worth agrees and also feels Section 8 does not apply "8 That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives" There are available alternatives Mr Solano amended his motion that the reason for denial is evaluation criteria at the advise of City Attorney to state that it is inconsistent with the This was accepted by second Motion carried 7-0 Item 4. Council Bill 3 - An Ordinance providing for the approval of rezoning from Planned Residential Development District to an amended Planned Commercial Development District and approval of a combined outline and final development plan on land located at 4140 Youngfield Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-94-16) (Tri-KB Investments) Council Bill 4 was introduced by Mr Siler; title read by the Clerk; Ordinance No 989 assigned Mr Gidley presented the staff report Gary Wardle and Mr Middaugh were sworn In and answered Councils' questions Steve Casement, 6655 Youngfield Court, Arvada, applicant, was sworn In and presented architectural rendering of the proposed expansion and explained their plans regarding landscaping, drainage, and building Janice Thompson, 12290 W 42nd Avenue, was sworn in, she was originally opposed to the project when she heard about it, but Mr Casement has alleviated all her fears and concerns and she is now In favor of the project Motion by Mr Siler that Council Bill 3, (Ordinance 989) a request that the Youngfield Plaza Phase II Outline Development Plan be amended to allow recreational vehicle sales be approved for the following reasons 1 As proposed on the development plan, it would not be inconsistent with development in the area 2 Staff and Planning Commission recommend approval With the following conditions 1 This apply to Lot 4 of Youngfield Plaza Phase II only 2 No other types of vehicle sales be allowed 3 No recreational vehicle storage be allowed; seconded by Mr Eafanti; carried 5-2 with Mrs Fields and Mr Edwards voting No CITY COUNCIL MINUTES February 13, 1995 Page 7 Mr Edwards commended Mr Casement for his plans for a quality development, however, he does not feel the criteria to support a rezoning has been met Motion by Mr Siler that Council Bill 3 (Ordinance 989), a request for approval of a final development plan at 4140 Youngfield Street, be approved for the following reasons 1 All minimum requirements of the C-1 zone have been met 2 Staff and Planning Commission recommend approval With the following condition 1 The Parks Department continue working with the applicant on design and construction along the common property line, seconded by Mr Solano; carried 5-2 with Mrs Fields and Mr Edwards voting No Item 5. Council Bill 4 - An Ordinance providing for the approval of rezoning from Restricted-Commercial to Planned Commercial Development District and for approval of a combined outline and final development plan on land located at 12725 West 42nd Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-94-13) (George Johnston and Paula Tutty) Council Bill 4 was introduced by Mr Eafanti on second reading; title read by the Clerk; Ordinance No 990 assigned Mr Gidley presented the staff report and stated a valid legal protest by the property owners to the South, the Murphy's, had been filed, and they do constitute more than 25% of the property on the southern side and they are within 100 feet of the property Paula Tutty, 4464 Brentwood Street, applicant, was sworn in by the Mayor; she introduced her representative Paul Penock, who was also sworn in and asked for approval of the application Janice Thompson spoke in opposition to the rezoning because it violates the spirit of the Fruitdale Master Plan She asked that Council not set a precedent and encourage more industrial development in this area David Murphy and Kathryn Murphy, 12710 W 42nd Avenue, were sworn In by the Mayor and asked for denial of the rezonlng Motion by Mr Eafanti that Council Bill 4, a request for approval of a rezoning from Restricted-Commercial to Planned Commercial Development and for approval of a combined outline and final development plan for property located at 12925 West 42nd Avenue, be denied for the following reasons 1 It is inconsistent with the goals and objectives of the Fruitdale Valley Master Plan, and 2 The evaluation criteria does not support approval of this request; seconded by Mr Edwards; carried 7-0 CITY COUNCIL MINUTES February 13, 1995 Page 8 Item 60 Council Bill 5 - An Ordinance providing for the approval of rezoning from Commercial-One to Residential-One C on land located at 5680 West 29th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-95-4) (LeRoy J Schroder, II) Council Bill 5 was introduced on second reading by Mr Edwards; title read by the Clerk; Ordinance No 990 assigned Mr Gidley presented the staff report Motion by Mr Edwards that Council Bill 5 (Ordinance 990), a request for approval of a rezoning from Commercial-One to Residential-One C for property located at 5680 West 29th Avenue, be approved for the following reasons 1 It will eliminate a nonconforming use, and 2 The criteria used to evaluate a rezoning support approval of this request, seconded by Mr Solano, carried 7-0 Item 7. Council Bill 6 - An Ordinance repealing and reenacting Section 22-91 and Section 22-93 of Chapter 22, Article II of the Code of Laws of Wheat Ridge, Colorado, pertaining to taxation of telephone exchanges Council Bill 6 was introduced on second reading by Mr Eafanti; title read by the Clerk; Ordinance NO 991 assigned Motion by Mr Eafanti that Council Bill 6 (Ordinance 991) be approved, seconded by Mr Siler; carried 4-3 with Councilmembers Fields, Edwards, and Worth voting no DECISIONS, RESOLUTIONS, AND MOTIONS Item 8. Motion re November 7, 1995 Election City Clerk, Wanda Sang, explained that this would merely be stating a preference of polling place vs mail ballot to the County Clerk, who will be holding a coordinated election this November Consensus was 6 in favor of a mail ballot election, public input on this matter and a formal vote will be held on February 27, 1995 Item 9. Contract for land use analysis on Arvada and Wheat Ridge border Motion by Mrs Worth that the City Administrator be authorized to enter into an agreement with the Arvada Economic Development Association to perform a land use analysis on property in the northwest corner of the City of Wheat Ridge as proposed by RNL Facilities Corp at an expense not to exceed $8,500 CITY COUNCIL MINUTES February 13, 1995 Page 9 I move that $8,500 be appropriated from the General Fund balance and added to the Planning and Development Dept contractual services line item to pay expenses of said land use analysis by RNL Facilities Corp ; seconded by Mr Solano, carried 7-0 Item 10. Right-of-way clarification, 4470 Lee Street Motion by Mr Edwards that the property described in the attached warrant deed be accepted for right-of-way purposes I further move that the sum of $1 00 be paid the owner of record, Benjamin C Bandimere, in accordance with the terms of the settlement; seconded by Mr Eafanti, carried 7-0 Item 12. February study session date Motion by Mr Solano to cancel the February 20, 1995 Study Session, seconded by Mrs Behm; carried 7-0 Item 13. CONSENT AGENDA A Purchase of Conflict Monitor Tester B Bid Award for Community Center Patio Cover C Undergrounding on W 38th Avenue D Dictaphone Equipment Maintenance (Police) E Purchase of Traffic Safety Radar System F Fleet Replacement for 1995 G ESTIP payment to KGC Trust-Camping World H Membership payments Mr Siler introduced the Consent Agenda and stated that he might have a conflict under Item H because the Animal Shelter is one of his clients Council consensus was that Mr Siler be allowed to vote Mr Edwards asked that Item C be voted on separately Motion by Mr Siler for the approval of Consent Agenda with the exception of Item C , seconded by Mr Solano; carried 7-0 Motion by Mr Edwards for the approval of Item C , seconded by Mrs Worth; carried 7-0 CITY COUNCIL MINUTES February 13, 1995 Page 10 CITY ADMINISTRATOR'S MATTERS Mr Middaugh updated Council on our application for the COP grant; we have received funds for 2 officers He asked Council for their feedback on how to handle the $20,000 budgeted for outside contributions Consensus was 7 in favor to handle it the same way we did last year CITY ATTORNEY'S MATTERS Ms Schroeder updated Council on a pending court case in which the City has prevailed on all counts ELECTED OFFICIALS MATTERS Mr Edwards spoke to Mr Middaugh's memo of last October, in which Mr Edwards' access to City Hall is restricted; he has to go through the Mayor to be allowed access He feels this is in violation of Charter Section 4 9 This causes a hardship for him to do the job he was elected to do Mrs Worth asked that an election be held in District IV to fill the Council vacancy She informed Council that the budget distributed to City Council is a different version from the one staff uses; Councils' version is a condensed version; she asked that Council be given the same budget that staff uses She asked that either Councilor a Committee review the use of public facilities, especially the Richards Hart Estate Motion by Mrs Worth to appoint a committee to study the fees and use of City facilities, seconded by Mrs Fields, failed 3-4 with Councilmembers Fields, Worth, and Eafanti voting yes Mr Siler stated he will attend National League of Cities in Washington D C from March 10 through March 14 If we don't have a judge's decision two Council Meetings from now on the District IV vacancy, this should come back to Council for discussion to either appoint or hold an election He asked for consensus to discuss at the next Study Session Agenda communication between Council and the administrative staff Consensus was 7 in favor He apologized to Mr Selstad for voting not to allow him to speak on any matter he chose He objected to Mr Patera's comments about waving the flag with the hammer and sickle; he has served in the Armed Forces and resents these insinuations CITY COUNCIL MINUTES February 13, 1995 Page 11 Mayor Wilde will also go to NLC as will Mr served in the Armed Forces and resents Mr Solano Mr Solano also Patera's comments Mrs Fields reminded everybody that she had made a motion in November to restore all Mr Edwards' privileges, which had passed 7-0 This vote has been ignored Do not move public comment to an untelevised meeting or to the end of the meeting She then read the second editorial from the Rocky Mountain News addressing Wheat Ridge City Council meetings and Mr Middaugh's memo Mrs Behm also plans to attend NLC Motion by Mr Edwards to adjourn, seconded by Mr Siler; carried 7-0 Meeting adjourned at 1 12 a m j: -" J ,( Wanda Sang, City Cler~ APPROVED BY CITY COUNCIL ON FEBRUARY 27, 1995 BY A VOTE OF ~ TO ~ ~ ~~ President