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HomeMy WebLinkAbout03/28/1994 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO March 28, 1994 The rity Council Meeting was called to order by Mayor Wilde at 7 30 p m Councilmembers present Rae Jean Behm, Don Eafanti, Vance Edwards, Jean Fields, Dennis Hall, Ken Siler, Tony Solano, and rlaudia Worth Also present rity Clerk, Wanda Sang, City Administrator, Robert Middaugh, rity Attorney, Kathryn Schroeder, City Treasurer, Jim Malone, 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 March 14, 1994 Motion by Mr Eafanti for the approval of the Minutes of March 14, 1994, seconded by Mrs Behm, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Wilde read the Community Development Block Grant Proclamation into the record He administered the Oath of Office to newly appointed Board and rommission members William Snell, Election Commissioner and Paul Ho~Land, Board of Adjustment Mr Middaugh introducej Jacque Wedding-S~~tt as the City's new Economic Development Coordinator CITIZENS' RIGHTS TO SPEAK Frank Stites, 3354 Zephyr Court, was sworn in by the Mayor, he explained that three former Mayors, Mr Winger, Mr Roesener, and himself had initiated a petition that askej that W 38th Avenue widening be put on a ballot to let the voters decide the width of the street The last Council votej that it be reconstructed at 36 feet The former Mayors and petition passers and people who signed the petition, had concerns about the volume of traffic and the Jack of lateral movement on a 36 ft wide street The Comprehensive Plan shows W 38th Avenue as a collector street and recommends that it be 44ft Please think of the safety of the people and the future of the City He asked Council to set an election date in the Fall for this issue Geoff Wodell, 3935 Garland Street, was sworn in by the Mayor, encouraged Council to recognize that a decision had already been made on W 38th Avenue for 36 ft and that the issue on the ballot be a choice of either 36 ft or 44 ft CITY rOUNCIL MINUTES March 28, 1994 Page -2- Arie Verrips, 15 Hillsije Drive, was sworn in bv the Mayor, he fpels that the people should vote on the 44ft question only, if this fails, it will automatically be 3b ft LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for modification of premises for Luke's - A Steak Place, 4990 Kipling Street, Wheat Ridge City Clerk, Wanda Sang, explained that the applicant is planning on adding a 1200 square foot expansion to be usej as a banquet meeting room Mike Lucas, 4990 Kipling Street, applicant, was sworn in by the Mayor and stated the meeting room would hold 60 people Motion by Mr Edwards to approve the modification of premises for Venture III, Ltd , dba "Luke's - A Steak Place", 4990 Kipling Street, Units 1 and 2, Wheat Ridge, rolorado, and authorize the Mayor and City Clerk to sign the application, seconded by Mr Eafanti, carried 8-0 Item 2 Jocks - Liquor Violation - (see City Attorney for background materials - none provided for Agenda Packet) City Attorney, Kathryn Schroeder, explained that normally on liquor violation hearings, which both Items 2 and 3 are, the Liquor Authority would be presented with evidence from the Police Department, the City Clerk's Office, from whomever would chose to do so, concerning the violation in question and at that point there would be a determination by the Authority as to whether or not there had been in fact a violation and if so, what penalty they'd wish to impose On the Jocks matter, she had been led to believe there would be no necessitv for such a hearing because there was going to be an agreement on the outcome of that hearing Now she believes that Mr Stonebreaker, who represents Jocks, has a request for the Authority which he asks to present John Stonebreaker, 455 Sherman, Suite 300, Denver, was sworn in by the Mayor, he is an attorney appearing on behalf of Dagmar, Inc , dba Jocks He asked that the Liquor Authoritv continue this hearing to allow him anj the City more time to prepare Kathryn Schroeder clarified that at this time there were liquor violations to be heard and also a pending Transfer of Ownership that was under dispute She recommended that the Authority grant a two week continuance and to schedule the Transfer hearing on the same evening as the violation hearing By that time the issue of whether or not there will be a transfer should be resolved Motion by Mrs Worth to continue the hearing the hearing on Jocks Sport Saloon to our April 11 meeting, seconded bv Mrs Behm rITY COUNCIL MINUTES March 28, 1994 Page -3- Melaine Cotton, 6076 Ingalls rircle, Arvada, was sworn in by the Mayor She stated her issue would be with the liquor license and not with the continuance Motion carried 8-0 Item 3 Horseshoe Bar and Grill - Liquor Violation and Liquor License Renewal (see ritv Attorney for background materials - none provided for Agenda Packet) Kathryn Schroeder explained that Horseshoe Bar and Grill is represented by an attorney and that she understands the violations will be confessed and it is up to the Liquor Authority to determine the penalty to be imposed Maurice Fox, 4465 Kipling Street, attorney, was sworn in by the Mayor He explained that they admitted that on October 29, 1993 there was an assault by the ex-husband of the bartender against another patron, when the Police arrived they found an intoxicated employee as well as an intoxicated patron On October 31, 93 there was another fight at the bar between two patrons The owner was not present, the person in charge at the time is no longer emploved there Mrs Worth moved for a 5 Minute recess to allow the Citv Attorney to confer with Mr Fox regarding the Police Reports, seconded by Mr Edwards, failed 4-4 with rouncilmembers Worth, Eafanti, Fields, and Edwards voting yes Mayor broke the tie bv voting no Motion failed 5-4 Liquor Authority retired for fact-finding Motion by Mr Solano to suspend this license for a period of 14 davs, beginning March 29, 1994 They are hereby directed to bring their license to the City Clerk at 8 00 a m on March 29, seconded by Mr Edwards, carried 6-2 with Mr hall and Mr Siler voting no Motion bv Mrs ~orth to postpone the liquor license renewal for Horseshoe Bar and Grill until April 11, 1994, seconded by Mrs Fields, carried 7-1 with Mr Edwards voting no PUBLIC HEARINGS AND ORDINANCES ON SECOND READING I t em 4 rouncil Bill 41 - An Ordinance providing for the approval of rezoning from Planned rommercial Development (PCD) with limited uses to Revised Planned rommercial Development (PCD) and for approval of an Outline Development Plan on land located at approximately 10201 West 43rd Avenue, rity of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-93-7) (Richard Gash for the Linda K Gash Trust) rouncil Bill 41 was introduced on second reading by Mr Hall, title read by the Clerk, Ordinance No 959 assigned CITY COUNCIL MINUTES March 28, 1994 PagA -4- Mr Gidley presented the staff report Richard Gash, 10201 W 43rd Avenue, applicant, was sworn in by the Mavor He was present to answer rouncil's questions Motion by Mr Hall that Council Bill 41 (Ordinance 959), a request for approval of a rezoning from Planned Commercial Development with limited C-l uses to Planned Commercial Development with limited C-2 uses and for approval of an outline development plan for property located at approximately 10201 West 43rd Avenue, be approved for the following reasons 1 It would be consistent with the goals and objectives of the Comprehensive Plan 2 The City would have control of the type and quality of development 3 The criteria does support approval of the request With the following conditions 1 Uses allowed on proposed Lot 1 shall be all Commercial-One uses pursuant to Section 26-22 of the Wheat Ridge rode of Laws 2 Uses allowed on proposed Lots 2 ani 3 shall be all Commercial-One uses pursuant to Section 2b-22 of the Wheat Ridge Code of Laws, plus the following Commercial-Two uses listed under Section 2b-23(B), Permitted Principal uses (4) Auction houses, inside only (6) A building contractor's service shop and storage yard incidental to an office/showroom principal use with no exterior mechanical equipment other than air conditioning (12) Government or quasi-governmental buildings and offices (13) Homes for the aged, nursing homes and congregate care homes (15) Manufacturing and/or light industrial operations where no single machine exceeds five horsepower (17) Shops for custom work or for making articles, materials or commodities to be sold at retail on the premises, where no single machine exceeds five horsepower (20) Wholesale businesses (21) Woodworking or carpentry shops for the making of articles for sale upon the premises, with no exterior mechanical equipment other than exhaust equipment 3 No use shall produce external noise, vibration, fumes, odor, dust, heat or glare, nor shall such use performed wor~ outside of buildings as a normal course of business It is the intent that all operations and work occur within buildings so that there is no adverse impacts to adjacent residential 3nd business uses 4 The structure on proposed Lots 2 and 3 be limited to one-story in height and a note regarding these restrictions be included on the plan face 5 The Fruitdale Sanitation District easement on proposed Lot 3 be added to the plan, seconded by Mr Solano Motion for an amendment by Mr Solano that we allow Mr temporarily store his storage trailers on the property accepted as part of the motion Motion carried 8-0 Gash to This was rITY COUNCIL MINUTES March 28, 1994 Page -5- Item 5 Application by Medved Chevrolet for approval of an excavation/fill permit for the placement of over 20,000 cubic yards of dirt on property located at approximately 11201 west I-70 Service Road North (Case No DP-94-1) Mr Middaugh gave the staff report Dennis Polk, 1667 Cole sworn In---SY the Mavor permit Blvd, Golden, attorney for the applicant was He explained the reasons for the excavation/fill Steven Hammond, 165 S Union, Lakewood, was sworn in bv the Mayor, he addressed Council 's questions regarding the three ditches on the property Motion by Mr Solano that rase No DP-94-1, a request for approval of a cut and fill permit to allow the placement of over 20,000 cubic yards of fill dirt for property located at 11201 West I-70 Frontage Road North, be approved for the following reasons 1 Planning Commission recommends approval 2 Staff recommends approval With the following conditions 1 Prior to issuance of the permit, the requirements of See 26-33(c) of the Wheat Ridge Code of Laws must be fully met to the satisfaction of the Planning and Engineering Divisions 2 The developer's engineer must continue working with the Dept of Public Works to gain approval of a final drainage plan 3 The applicant must receive approval from the appropriate irrigation ditch companies, seconded by Mrs Behm, carried 8-0 Item 6 Application bv Medved Chevrolet for approval of a Planned Building Group Plan for development within a Commercial-One (C-l) zoned property located at 11201 West I-70 Service Road North (Case No PBG-94-1) (Motion to continue to April 11, 1994) Motion by Mr Hall that rase No PBG-94-1 be continued to April 11, 1994, seconded by Mr Eafanti, carried 8-0 ORDINANCES ON FIRST READING Item 7 Council Bill 48 - An Ordinance amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to Special Uses Council Bill 48 was introduced by Mr Edwards on first reading, title read by the Clerk Motion by ~1r ancd submitted Eaf3nti Edwards that Council Bill 48 be published on first reading to Planning Commission for review, seconded by Mr Mr Edwards asked that the last line on Page 1 be changed from "proposed rezoning" to "Special Use Permit" CITY COUNCIL MINUTES t-1arch 28, 1994 Page -6- Mr Solano will vote No, because fuis should be heard by the Planning Commission Geraldine Faes, 6205 W 35th Avenue, was sworn in by the Mayor, she recommended that Sections 4 and 5 be removed from Ordinance 945 and the right to a legal protest be added to the Special Use Cheryl Brungardt, 5621 W 36th Place, was sworn in by the Mayor, she read a letter from Susan Seeds into the record, which also asked that Sections 4 and 5 in Ordinance 945 be removed and the right to a legal protest be added ~adeline uurbin, 3703 Ames Street, was sworn in by the Mayor, asked the same as the two previous speakers Jerry Flageolle, 6130 W 35th Avenue, was sworn in by the Mayor, asked to do away with Special Use Permit and make it an issue of rezoning Dorothy Thompson, 3014 nhase Street, was sworn in by the Mayor, she commended Council for intrOducing Council Bill 48 and asked for passage on first reading as drafted Dick Doll, 3220 Ingalls Street, was sworn in by the Mayor, urged Council to remove Sections 4 and 5 of Ordinance 945 and to give citizens the right of legal protest Patrice Farrell-DeLine, 3665 Estes Street, was sworn in by the Mayor, stated it was very difficult to find daycare in Wheat Ridge Mrs Fields stated that Mr Bob rhandler, 3265 Ingalls Street, could not be here tonight and asked that she state for the record that he is for the repeal of Sections 4 and 5 of Ordinance 945 Motion failed 4-4 with Councilmembers Worth, Edwards, Fields, and Behm voting yes Mayor broke the tie by voting no Motion failed 5-4 Motion by Mr Solano that Council Bill Commission for review, seconded by Mr Fields voting no 48 be submitted to the Planning Siler, carried 7-1 with Mrs ~em 8_ Council Bill 49 - An Ordinance amending the Code of Laws of the City of wheat Ridge to clarify the trapping requirements and regulations for the protection of wildlife Council Bill 49 was introduced on first reading by Mr Edwards, title read bv the Clerk Mr Edwards asked that under Definitions the following wording be added "Definition of causing damage on land as provLded herein shall mean physical injury to buildings or improvements or destruction or injury of domestic animals or pets lawfully kept thereon" CITY COUNCIL MINUTES March 28, 1994 Pagp -7- Mr Edwards asked for an amendment under Section (2) it be changed to read "The Police Department shall the ~xclusive right Motion by Mr Edwards that "ouncil Bill 49 be approved as amended on first reading, ordered published, public hearing be set for Monday, April 25, 1994, at 7 00 p m in City rounciJ ChambF>rs, Municipal Building, and if approved on second reading take effect 1 day after final publication, seconded by Mr Solano hrs Worth asked for a friendly amendment to add under Section (2) the disposition of any such trapped animal "after consulting with "! veterinarian unless the animal is dead" This was not accepted as a friendly amendment Mr Edwards feels this should be discussed by the Animal Control ~ommission Mrs Worth withdrew her friendly amendment Motion carried 8-0 Motion by Mr Edwards that a policy and guiieline for the implemF>ntation of this Ordinance be brought to the Animal Control Commission for discussion with the Police Department, seconded by Mrs Worth, carried 7-1 with Mr Hall voting No pECISIONS, RESOLUTIONS, AND MOTIONS Item 9 Resolution 1396 - authorizing an IntF>rgovernmental Agreement with the City of Edgewater for the rehabilitation of West 26th Avenue between Pierce Street and Sheridan Blvd Resolution 1396 was introduced by Mr Edwards, title read by the Clerk r~otion by Mr Edwards that Resolution 1396 be adopted, seconded by Mr Solano, carried 8-0 Item 10 Community Development Block Grant AgreemF>nt Motion by Mrs Behm that the Mayor be authorized to sign the Letter of Understanding as provided for the Housing Rehabilitation Program using the titv's allocation of Community Development Grant Funds I further move that the Mayor bF> authorized to appoint a representative to the Housing Rehab Loan Review Committee, seconded by Mr Eafanti, carried 8-0 Item 11 1994 Fleet Replacement Motion by Mrs Worth that the $209,068 21 for the Fleet Replacements for 1994 be approved and that all costs be charged to the Equipment Fund (Fund 57), seconded by Mrs Behm, carried 8-0 CITY COUNCIL MINUTES March 28, 1994 Page -8- Item 12 Additional Capital Payment for Hazardous Material Facility Motion by Mr Edwards that $13,770 00 be appropriated from the Capital Improvement Fund Balance and placed into Account #868, Hazardous Material Facility, to be expended as supplemental capital contribution for said facility and that the 1994 budget be amended as appropriate to reflect said change, seconded by Mr Solano, carried 8-0 Item 13 Outside Contributions Mrs Worth asked if she should vote since she is President of the Wheat Ridge Historical Society and they are receiving money Consensus was 7 in favor to let her vote Motion by Mrs Fields that the City Administrator be authorized to expend $27,000 00 for outside contributions from Acct #702-780 to the agencies indicated on the attached spread sheet in the amounts specified in the "suggested" column, seconded by Mr Eafanti, carried 8-0 Item 14 CONSENT AGENDA A Trash Removal Bid Award B Resolution 1399 - amending the City Budget and appropriating money to Fund 58, Post Office Fund, for the year of 1994 C Bid Award for W 44th Avenue Rehabilitation Project D Bid Award for W 26th Avenue Rehabilitation Project E Payment to Jefferson County Hazardous Substance Response Authority F Resolution 1397 - authorizing submittal of the Jefferson rounty Open Space Application and Merit Evaluation for the 1994 Joint Venture/Grant Project to Development of the Lewis Meadows Park at 33rd and Union Resolution 1398 - authorizing submittal of the Jefferson County Open Space Application and Merit Evaluation for the 1994 Joint Venture/Grant Project to landscape Wheat Ridge Park at 44th and Field Street G Resolution 1395 - amending the Intergovernmental Agreement creating the Jefferson Animal Shelter Motion by Mr Edwards to pull Item F and to approve Items A through G , seconded by Mr Solano, carried 8-0 Motion by Mr Edwards for the a.doption of Resolutions 1397 and 1398, seconded by Mr Solano, carried 8-0 Mrs Worth suggestej that staff read Senate Bill 40 prior to beginning any type of construction CITY COUNCIL MINUTF March 28, 1994 Page -9- CITY ADMINISTRATOR'S MATTERS Mr Middaugh stated that the City had been ready to go out for bid to reconstruct W 38th Avenue, petitions had been turned in to the City Clerk asking that this matter be put on a ballot, he feels it would be detrimental to the rity to go ahead with the bid process at this time Motion by Mr Edwards that we go out for bids tomorrow, seconded by Mrs Worth, failed 3-5 with Councilmembers Worth, Eiwards, and FieJds voting yes ELECTED OFFICIALS' MATTERS Claudia Worth complained about the Citv's so-caJled position regarding relocating tSe Wheat Ridge Library to the Middle School This has never been disclJssed, therefore there is no position Mayor Wilde stated that the letter was addressed to him and he merely stated his own position Dennis Hall ~yed that Council Bill 43 be taken off the Table and voted on tonight, seconded by Mrs Behm, carried 5-3 with rouncilmembers Worth, Edwards, and Fields voting no Motion by Mr Hall to adopt the remainder of Council Bill 43, seconded by Mrs Behm Mr Edwards asked that both Mr Malone and Mr Middaugh address this Council Bill Treasurer, Jim Malone, stated that prior Councils over the years have determined that the City Treasurer is the appropriate collector of sales/use tax and administer that Ordinance The Charter says the responsibility of the Treasurer is in part to collect this tax City Administrator, Robert Middaugh, explained that Mr Malone would continue COllecting the sales tax, this was a question of administration of the sales tax as part of the budgetarv process Times have changed, we as a City have to change with it It is not wise to leave this in part time hands Mr Edwards will vote no on this, this is improper to discuss without publication and public hearings, feels not comfortable transferring this to this administration Mr So13no agrees with Mr Edwards and moved to continue this to another Council Meeting to allow public input, seconded by Mrs Worth, failed 4-4 with Councilmembers Worth, Solano, Edwards, and Fields voting yes, Mayor broke the tie by voting no hot ion failed 5-4 CITY COUNCIL MINUTES Harch 28, 1994 Page -10- Original Motion failed 5-3 with Council members Hall, Siler, and Be~m voting yes Motio~ by Mr Edwards to adjourn, seconded by Mr Eafanti, carried 8-0 Meeting adjourned at 10 30 p m w-J-.1 (~/ - . 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