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HomeMy WebLinkAbout01/10/1994 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO January 10, 1994 The rity Council Meeting was called to order by Mayor Wilde at 7 00 p m Councilmembers present Rae Jean Behm, Don Eafanti, Vance Edwards, Jean Fields, Dennis Hall, Ken Siler, Tony Solano, and rlaujia Worth Also present rity rlerk, Wanda Sang, City Administrator, Robert Middaugh, Acting City Attorney, Darin Schanker, rity Treasurer, Jim ~1alone, Director of Planning, Glen Gidley, Chief of Police, Jack Hurst, Director of Parks, Gary Wardle, Director of Public Works, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of Docember 13, 1993 Motion by Mr Eafanti for the approval of the Minutes of December 13, 1993 as corrected, seconded by Mr Solano, carried 8-0 CITIZENS' RIGHTS TO SPEAK Kimberly Harris, 2839 Pierce Street, asked how a person could use t~e system to ~arass another person in this rity Mayor Wilde explained that nothing would be answered under public comment, but assured her that the rity was working on this matter Annette Mulholland, 4185 Everett Drive, read a letter into the record, which supported reinstating the Ranger Program in Wheat Ridge Glenn Bloomen, 10475 W 46th Avenue, asked for re-instituting the Ranger Program He has found animals in leghold traps and seen animals shot, fish are taken that are not of legal size, children and teenagers have thrown rocks at the ducks and geese, while other people stand by and watch because there is nobody to report it to Rangers would provide security and ~elp eliminate illegal activity in the Greenbelt LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1. Change of Corporate Officers for Rockette Tavern, 10006 W 44th Avenue, Wheat Ridgo Geor~e Beffert, 6334 Upham Street, Arvada, Daniel Hubbs, 1020-15th Street, Denver, Dave Meyer, 10555 W Jewel Avenue, Lakewood, were all sworn in by the Mayor They answered Council's questions Motion by Mrs Worth to approve the Change of rorporate Officers for 10006 West 44th Avenue, inc , dba "Rockette Tavern", 10006 W 44th Avenue, Wheat Ridge, Colorado The new officers will be President, Daniel J Hubbs, 1020-15th Street, #29, Denver, Colorado Secretary/Treasurer, John David Meyer, 10555 W Jewel Avenue, Lakewood, seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES January 10,1994 Page -2- Item 2 Waive/Order Survey for rolorado rafe, 4105 Wadsworth Blvd, Wheat Ridge Motion by Mrs Fields to waivp the survey for N TAM A Inc, dba "Colorado Cafe", 4105 Wadsworth Blvd, Wheat Ridge, rolorado, because there has been a Hotel & Restaurant Liquor License at that location since 1971 and the current license didn't expire until November 1b, 1993 The needs and desires of the neighborhood have already been established I further move to hold a public hearing on this application on February 14, 1994, and order the property be posted and the public hearing be published, seconded by Mr Siler Mr Edwards will be voting against this motion because he feels that a survey should be taken The needs and desires of the neighborhood may have changed Mrs Worth agrees with Mr Edwards Mr Hall will be voting in favor, this is a bar, it is pointless to cost the owners Motion carried 6-2 with Mrs Worth and Mr a primarily a Restaurant, money for a survey Edwards voting no not Item 3 Decision re nub, 9110 W Alleged Liquor Violation at ropa Cabana Night 44t~ Avenue, Wheat Ridge Chief Hurst explained that the Police Department had received a memorandum from the Colorado Department of Revenue, Liquor Enforcement Division, that alerted Police Departments about liquor establishments staying open past midnight on December 25 and that they could not be open after that time and not open until 7 00 a m December 26 He passed that memo out to the Patrol Force and instructed them to be aware of the fact that the bars could not be open after midnight, if they saw any open, thev were to contact the bar managers and ask them to close, if necessary to show them the memo or show them the liquor code The only one they did find open was the Copa Cabana, they contacted the people in the Copa around 12 30 a m and some discussion took place regarding extended hours, there was some confusion between Police and Management The Officer was called away to another call, when he returned the management had closed the bar and patrons were leaving Chief Hurst has sent a letter to the owners of Copa Cabana and advised them of the violation Motion by Hr this matter, Eafanti that the rity of Wheat Ridge take no action on seconded by Hr Hall, carried 8-0 Item 4 Decision re Alleged Liquor Violation at Jocks Sport Saloon Motion by Mrs Worth that a Notice of Hearing and Order to show Cause be prepared by the City Attorney and executed by the Mayor and City Clerk and be issued to the Arcana Group, Ltd , dba Jocks Sport Saloon, Inc , 10051 I-70 Frontage Road, North, Wheat Ridge, Colorado, based on allegations contained in the attached Offense Report I further move that the Police Department prosecute this case, seconded by Mr Edwards, carried 7-1 with Mr Hall voting no CITY COUNCIL MINUTES January 10, 1994 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 5 ritizen Input on 1994 Budget John Powers, 2b15 Upham Street, was sworn in by the Mayor He read a letter from Wheat Ridge United Neighborhoods, expressing concern that the budget is not balancad, pay increases should only be guaranteed if city revenues ~avp increased by the same percentage, replace Animal Park Enforcement with mounted ranger patrol, maintain axisting streets and roadways rather than reconstruct and widen, be frugal and make ends meet Ron Selstad, 2890 Lamar Street, was sworn in by the hayor, asked that the Park Ranger Program be reinstated, we need continual presence in the Greenbelt Louise Turner, 11256 W 38th Avenue, was sworn in by the Mayor, stated that the rity needs to spend some money on Lena Gulch, schedule a time that everyone in this rity can see the presentation by Urban Drainage regarding Lena Gulch, install warning system on Lena Gulch that can be heard throughout the area that is in danger, asked that Ranger Program be brought back, requested that $10,000 - $15,000 be donated to the Animal Shelter to cut back on euthanizing and use that money to reduce adopting fees, spaying and neutering rut 10-40% off every rapital Project, change Street Standards and save money, don't force things on people that they don't want Karin Heine, 4600 Miller, was sworn in by the Mayor, asked that the Ranger Program be reinstated Item 6 rouncil Bill 32 - An Ordinance providing for the approval of rezoning from Residential-Two (R-2) to Planned Commercial Development (peD) and for approval of an Outline and Final Development Plan on land located at 3516 and 3536 Jay Street, rity of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-93-5) (Nina Forgo and Rose Foster) (PETITION WITHDRAWN) Motion by Mr seconded by Mr Siler to accept the petition to withdraw this case, Eafanti, carried 8-0 Item 7. Council Bill 33 - An Ordinance providing for the rezoning from Planned Commercial Development District to an amended Planned Commercial Development District and approval of a combined Outline and Final Development Plan on land located at 4120 Youngfield, City of Wheat Ridge, rounty of Jefferson, State of Colorado (Case No WZ-93-8) (Stephen Casement for Tri-KB Investments) Council Bill 33 was introduced on second reading, title read by the rlerk, Ordinance No 948 assigned CITY COUNCIL MINUTES January 10, 1994 Page -4- Stephen Casement, 6665 Young field rourt, Arvada, applicant, was sworn in by the Mayor, showed artist's rendering of the project, asked for approval and answered Council's questions Glen Gidley presented the staff report and answered questions Motion by Mrs Worth to postpone this application until such time as the EPA can give us a report Motion died for lack of second Kelly Oliver, 9602 E Orchard Drive, Englewood, was sworn in bv the Mayor, he explained the proposed drainage plan for the property Lee Kunz, 24069 W Shooting Star Drive, Golden, was sworn in bv the Mayor, he also explained the drainage flow Motion by Mr Hall that Ordinance 948. a request t~at the Young field 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 3 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 Solano Mr Solano asked for a friendly amendment to add under conditions that no servicing of recreational vehicles be allowed Mr Hall accepted this as a friendly amendment Mr Edwards will vote against this because he feels many types of development could be used, this is not consistent with the original plan Mrs Worth will vote against this because more work should have been done by City staff, only developments listed in Exhibit A should have been allowed, there should be some input from the EPA, no direct economic benefit to the City will be derived Motion carried 5-3 with Councilmembers Worth, Edwards, and Fields voting No Motion by Mr Hall that Case No WZ-93-8, a request for approval of a final development plan at 4120 Young field Street, be approved for the following reasons 1 All minimum requirements of the r-1 zone have been met 2 Planning rommission and staff recommend approval of the plan as amended consistent with the Planning rommission recommendation, seconded by Mr Eafanti, carried 5-3 with rouncilmembers Worth, Edwards, and Fields voting no Mr Hall moved to re-set the Agenda to move up Item 13 to be heard next, then go to Item 15 and then go into Executive Session persuant to Rule 5 7 (b)(l) and (3) of the rharter, seconded by Mr Eafanti, carried 7-1 with Mr Edwards voting no Item 13 Appointment to Parks & Recreation Commission Motion by Mr Solano that Bonnie Lil~ be appointed to fill the unexpired term of Ken Siler on the Parks & Recreation Commission, seconded by Mrs Behm, carried 8-0 CITY COUNCIL MINUTES January 10, 1994 Page -5- Item 15 Appointments ~nd Re-appointments to EDARC Mayor Wilde explained that he had re-appointej Joe Drew at large, term to expire November 1998, had appointed Boyd Adsit from District III, term to expire November 1997, Phil Edwards from District IV, term to expire November 1997, and Dick Matthews, District III to fill Michael Scarafiotti's term, who had resigned, term to expire November 1994 Motion by Mr Siler to ratify the Mayor's appointments, seconded by Mr Solano, carried 8-0 EXECUTIVE SESSION WAS HELD WITH EDARC ORDINANCES ON FIRST READING Item 8 Council Bill 36 - providing for the approval of rezoning from Agricultural-One to Commercial-One on land located at 4425 Tabor Street, City of Wheat Ridge, County of Jefferson, State of rolorado (Case No WZ-93-9) (Heinz Silz) rouncil Bill 36 w~s introduced by Mrs Worth on first reading, title read by the Clerk Motion by Mrs Worth that Council Bill 36 be approved on first reading, ordered published, public hearing be set for Monday, February 14, 1994, at 7 00 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 davs after final publication, seconded by Mr Hall, carried 8-0 Item 9 Council Bill 37 - repealing and reenacting Section 5-77 of the Code of Laws of the City of Wheat Ridge, adopting thereby the National Electrical rode, 1993 Edition, by reference and adopting certain amendments thereto Council Bill 37 was introducej by Mr Solano on first reading, title read by the Clerk Motion by Mr Solano that Council Bill 37 be approved on first reading, ordered published, public hearing be set for Monday, February 14, 1994, at 7 00 p m in City Council Chambers, Municipal Bldg , and if appruved on second reading, take effect 15 days after final publication, seconded by Mr Edwards, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 10 Resolution 1386 - establishing a 1% reserve for fiscal year 1993 in compliance with Amendment One Resolution 1386 was introduced by Prs Worth, title read by the Clerk Motion by Mrs ~orth for the adoption of Resolution 1386 creating an emergency reservp under Art X, Section 20 of the Colorado Constitution for the 1993 fiscal year, seconded by Mr Eafanti, carried 8-0 CITY COUNCIL MINUTE J anuRry 10, 1994 Page -6- Item 11 Expense for Employee Appreciation Dinner Motion by Mr Siler that the pRyment for the Employee Appreciation dinner be approved in the amount of $4,430 85 and that the cost be charged to Acct No 01-102-712 I further move that the funds be encumbered until payment is made, whic~ expressly allows the expenditure of funds in 1994 for this item in accordance with Ordinance #787, 1989 Series, seconded by Mr Solano, carried 8-0 Item 12. Bid Award for Police Department Computers Motion by Mrs Worth that the romputer Equipment, to the recommended vendors in the amount of their $6,145 00, and that all costs be charged to Acct seconded by Mr Edwards, carried 8-0 RFB #93-38, be awarded bids, which total No 17-202-660, Item 14 Adoption of City Council Rules of Order and Procedure Motion by Mr Siler for the adoption of the attached draft of the revised City Council Rules of Order and Procedure as recently discussed by the members of City Council in Study Session, seconded by Mr Solano Mr Hall asked that under Section 8 1 Public Comment, a sentence be added at the encd to read "No comments will be made by members of the Council in t~e Public romments portion of the meeting" This was accepted as a friendly amendment Mr Edwards will vote No on these rules for the following reasons he feels citizens should be allowed input during Study Sessions, objects to Councilmembers being allowed to call in their votes if they are out of town, citizens should be allowed to have their letters read into the record without being present, rouncilmembers should be able to speak under Public Comment Mrs Worth agreed with Mr Edwards and also added that beverages other than water should be allowed in rhambers Motion carried 5-3 with Councilmembers Worth, Edwards, and Fields voting no CITY ADMINISTRATOR'S MATTERS Robert Middaugh asked that Council add another budget session to their schedule Consensus was 8-0 to add a session on January 18, 1994 at 7 00 p m ELECTED OFFICIALS' MATTERS Vance Edwards asked for consensus to write a letter or Resolution to our US Congressman/Senator asking for help in consolidating Zip rodes in Wheat Ridge Consensus was 7 in favor Motion by Mr Eafanti to adjourn, seconded by Mr Siler, carried 8-0 10 35 p m rk APPROVED BY CITY COUNCIL ON JANUARY 24, 1994 BY A VOTE OF ~'" ~'\., \.~ Dennis Hall, Council President ~ :;:-\ to \J