HomeMy WebLinkAbout02/13/1995
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Wanda Sang, City Cler~
APPROVED BY CITY COUNCIL ON FEBRUARY 27, 1995 BY A VOTE OF ~ TO ~
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President