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
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:::;:~~;n~~ ~;:; ~~~~:-~~~~~>-", 1994 BY A VOTE 0, "
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