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HomeMy WebLinkAbout07/25/1994 CITY OF WHEAT RIDGE CITY COUNCIL MINUTES July 25, 1994 The City 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 Claudia Worth Also present City Clerk, Wanda Sang, City Administrator, Robert Middaugh; City Attorney, Kathryn Schroeder; Director of Public Works, Bob Goebel, staff, and interested citizens APPROVAL OF MINUTES of July 11, 1994 Motion by Mr Eafanti for the approval of the Minutes of July 11, 1994; seconded by Mrs Worth; carried 8-0 City Clerk, Wanda Sang, read a Proclamation for NATIONAL NIGHT OUT, August 2, 1994 into the record This Proclamation was submitted by Wheat Ridge United Neighborhoods This proclamation asks that all Wheat Ridge neighbors turn on all outside lights on August 2 from 7 00 to 10 00 pm; take a stand against crime in your neighborhood CITIZENS' RIGHTS TO SPEAK Janelle Shaver, 8890 W 35th Avenue, encouraged all residents to turn on their lights and meet their neighbors Asked that the City give as much information as possible to the voters on the 38th Avenue ballot question Teri Dalbec, 3810 Garrison Street, hopes that City Council will change their minds and not put 38th Avenue on the ballot and go ahead and build it at 36 ft LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1. Application to transfer the ownership from Eugene E Lameres Revocable Trust, dba "Best Western Country Villa Inn", 4700 Kipling Street, Wheat Ridge, Colorado, to Al Fresco Fort Collins, Inc , dba "AI Fresco Great Italian Restaurant" City Clerk, Wanda Sang, gave the staff report CITY COUNCIL MINUTES July 25, 1994 Page 2 Motion by Mr Edwards to approve the Transfer of Ownership from Eugene E Lameres Revocable Trust, dba "Best Western Country Villa Inn", 4700 Kipling Street, Wheat Ridge, Colorado, to Al Fresco Fort Collins, Inc , dba "AI Fresco Great Italian Restaurant", for the following reasons 1 All applications and fees required by statute have been filed and paid; 2 The applicants will be entitled to occupancy of the premises by virtue of a signed lease dated May 5, 1994, seconded by Mr Solano, carried 8-0 Item 2. Application to modify the premises at Denny's #1424, 9930 West 49th Avenue, Wheat Ridge City Clerk gave the staff report Motion by Mrs Behm to approve the modification of premises for Denny's Inc , dba "Denny's Restaurant #1424, 9930 W 49th Avenue, Wheat Ridge, Colorado, and authorize the Mayor and City Clerk to sign the application, seconded by Mr Eafanti; carried 8-0 Item 3. Application for a Special Events Permit for the Wheat Ridge Carnation Festival at 44th & Field Street City Clerk gave the staff report Motion by Mrs Behm to approve the Special Events Permit for the Wheat Ridge Carnation Festival Committee, 3596 Ingalls Street, Wheat Ridge, Colorado, at the location of the Wheat Ridge Carnation Festival, Field Park at 44th & Field Street in Wheat Ridge, to dispense 3 2~ Beer on August 19, 1994 from 4 00 P m to 11 00 pm; on August 20, 1994 from 12 00 noon to 12 00 midnight, on August 21, 1994 from 12 00 noon to 7 00 P m I further move to authorize the Mayor to sign the Special Events Permit; seconded by Mr Edwards; carried 8-0 (Mayor Wilde pointed out that this is actually Wheat Ridge Park not Field Park) Mrs Worth asked that the P A system be kept down to a mlnlmum Item 4. Motion regarding alleged liquor violation at "Pigskins, the Ultimate Sports Saloon", 10051 1-70 Frontage Road, Wheat Ridge City Clerk and Chief of Police, Jack Hurst, gave the staff report Chief Hurst reported that the establishment had failed to display a required sign, this sign was taken down during remodeling and not put back up The owners complied within 1 hour of being cited and have now put up 4 signs CITY COUNCIL MINUTES July 25, 1994 Page 3 Motion by Mr Hall that the City of Wheat Ridge take no action on this matter, seconded by Mr Solano; carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 5. Council Bill 61 - An Ordinance repealing Section 21A-8 (B), and Section 21A-22, and repealing and reenacting Section 21A-14 of the Code of Laws of the City of Wheat Ridge, Colorado to establish Customer Service Requirements for the operation of Cable Systems within the City pursuant to Section 522 of Title 47 of the United States Code Council Bill 61 was introduced on second reading by Mr Edwards; title read by the Clerk; Ordinance No 973 assigned Mr Middaugh was sworn in by the Mayor and gave the staff report Patty Crew, Personnel Assistant and City's representative to the Greater Metro Cable Consortium, was sworn in by the Mayor and answered Council's questions Motion by Mr Edwards for approval of Council Bill 61 (Ordinance 973), seconded by Mr Solano, carried 8-0 Mr Edwards urged citizens to call the City with their complaints because we now have the tools to see that the standards would be enforced Item 6. Application by Mollie and Robert Williams for approval of an amendment to a Planned Industrial Development final development plan with a screening variance at 5075 Tabor Street (Case No WZ-94-7) Mr Hall introduced Case No WZ-94-7; Clerk read the title Meredith Reckert was sworn in by the Mayor and presented the staff report Jacque Wedding-Scott, Office of Economic Development, was sworn in by the Mayor She was present to answer questions Georqe Carr, spokesperson for applicants, was present and asked for approval of the application Feels that the requirements imposed by the City are excessive; submitted polaroid pictures of adjacent properties that not screened Jacque Wedding-Scott presented information on plans for surrounding properties in this area The property owners are requesting that properties be aesthetically pleasing CITY COUNCIL MINUTES July 25, 1994 Page 4 Evan Asbv, 8414 W 72nd Place, was sworn In by the Mayor; he lS a tenant in an adjacent building and has an option to buy a property directly to the south, asked that a gate be put in for Fire Department access; questioned the future development of the road, feels a 6-ft fence would be adequate for screening Llovd Pascal, 5055 Tabor Street, was sworn in by the Mayor; he is the previous owner of the property in question, in those days the word "screening" was never mentioned; he is 100% against a closed fence; he lives in a house next to this property and doesn't want to be walled in Bob Vermillion, 632 Gold Rim Road, Boulder, was sworn in by the Mayor; he owns the Lakemont project; passed out 2 brochures of their final plans that show the 2 office buildings they are going to build either in the FaIlor Spring; would like to see the development go in, but had numerous concerns including drainage, road development, driveway, cost participation in road development Mollie Williams, 5051 Garrison Street, #2, applicant, was sworn in by the Mayor, she thought that the only item to be discussed tonight was the screening fence; asked Council to grant this varlance Motion by Mr Hall that the request for approval variance at 5075 Tabor Street, be denied for the reason 1 The evaluation criteria does request; seconded by Mr Solano, Worth, Edwards and Fields voting of a screening following not support carried 5~3 no approval of this with Councilmembers Motion by Mr Hall that Case No WZ-94~7, a request for approval of an amendment to a PID final development plan for property located at 5075 Tabor Street, be approved for the following reasons 1 It provides for expansion of an existing use, and 2 All minimum requirements for a final Planned Industrial Development Plan have been met except for screening and landscaping With the following condition 1 That a decorative screening fence or wall ten feet in height, constructed of masonry and/or wood, be required along the entire southern perimeter and along the eastern perimeter adjacent to the residence A chain link fence with slats is not acceptable in this situation Furthermore, along the south side of this decorative screening fence or wall, the owner shall place one evergreen tree for each 50 feet of length and plant 89 shrubs between the trees in order to provide a buffer and to meet the minimum landscaping requirements of the Zoning Ordinance, CITY COUNCIL MINUTES July 25, 1994 Page 5 seconded by Mr Solano Motion by Mr Solano to amend to make the decorative screening fence six feet in height with a 2ft berm for a total height of 8 feet; seconded by Mr Hall, failed 3-5 with Councilmembers Solano, Hall, and Eafanti voting yes Motion by Mr Solano to amend to make the decorative screening fence six feet in height, but that it not be a chain link fence with slats; seconded by Mr Hall; tied 4-4 with Councilmembers Solano, Hall, Eafanti, and Behm voting yes Mayor Wilde broke the tie by voting no Motion failed 5-4 Motion by Mr Edwards to amend that the current six foot fence be adapted with slats, that the sections of the fence that are damaged due to the netting of the driving range be repaired as soon as the netting is taken down; but the slats need to go up well before that so that there is a barrier; seconded by Mrs Worth, carried 7-1 with Mr Solano voting no Motion by Mr Edwards to grant a variance based on the nine points of criteria, that the slatting between the Pascal property and the Williams property not be put up per Mr Pascal's request; seconded by Mr Solano; carried 8-0 Motion by Mr Edwards to make it quite clear that there is no restriction that the evergreen tree for each 50 feet of length and the 89 shrubs cannot be placed on the outside; that it goes strictly by the Code and that if they have the outside area and they want to place them, there is nothing preventing them from doing that, but there is nothing requiring them to do it, since they may not have the room to plant them outside, seconded by Mr Fields; carried 7-1 with Mr Solano voting no Motion by Mr Solano for an amendment to require a concrete pan for 50 feet to deny access of gravel onto 49th Place; seconded by Mr Siler; carried 5-3 with Councilmembers Edwards, Worth, and Fields voting no Vote on original motion as amended carried 6-2 with Mr Edwards and Mrs Fields voting no Mr Edwards is voting no because he feels these amendments should be done by Ordinance ORDINANCES ON FIRST READING Item 7. Council Bill 66 - An Ordinance providing for the approval of rezoning from Agricultural-One (A 1) and Residential-Two (R-2) to Planned Residential Development (PRD) and for approval of an Outline Development Plan on land located at 11200 West 44th Avenue, City of Wheat Ridge, County of Jefferson CITY COUNCIL MINUTES July 25, 1994 Page 6 Council Bill 66 was introduced by Mr Hall on first reading; title read by the Clerk Motion by Mr Hall that Council Bill 66 be approved on first reading, ordered published, public hearing be set for Monday, August 22 1994 at 7 00 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication; seconded by Mr Edwards; carried 7-0 (Mr Solano was not present) DECISIONS, RESOLUTIONS, AND MOTIONS Item 8. Resolution 1418 - supporting the implementation of the Wheat Ridge Fire Protection District's 1994 Strategic Plan and endorsing the Fire District's Capital Project Funding Strategy Resolution 1418 was introduced by Mr Siler, title read by the Clerk Motion by Mr Siler for the adoption of Resolution 1418; seconded by Mr Edwards, carried 7-0 (Mr Solano was not present) Item 9. Resolution 1419 - adopting a relocation handbook pursuant to the Wheat Ridge Town Center urban Renewal Plan and approving EDARC's exercise of the relocation powers and authorizing the transfer of funds for relocation and acquisition of property Resolution 1420 - approving acquisition of real property interests and transferring funds for property acquisition pursuant to the Wheat Ridge Town Center Urban Renewal Plan Resolution 1419 was introduced by Mr Edwards; title read by the Clerk Ann Pitinga, Director of EDARC, was present and answered Councils' questions She gave a brief presentation on the proposed development of the Wheat Ridge Town Center Motion by Mr Edwards for the adoption of Resolution 1419; seconded by Mr Eafanti; carried 8-0 Resolution 1420 was introduced by Mr Edwards on second reading, title read by the Clerk Motion by Mr seconded by Mr Edwards for the adoption of Resolution 1420; Solano, carried 8-0 CITY COUNCIL MINUTES July 25, 1994 Page 7 Item 10. Acceptance of right-of-way at 9001 and 9099 W 38th Avenue Motion by Mrs Worth that the City of Wheat Ridge accept the quit claim deeds at 9001 West 38th Avenue and 9099 W 38th Avenue for right-of-way acquisition and that the sum of $20 be taken from Capital Improvement Fund account 30-303-847, West 38th Avenue, Cody to Kipling; seconded by Mr Eafanti After discussion, which established that the property owners did no longer wish to give the quit claim deeds, Mrs Worth withdrew her motion Mr Hall moved that the City of Wheat Ridge accept the quit claim deeds at 9001 West 38th Avenue and 9099 W 38th Avenue for right- of-way acquisition and that the sum of $20 be taken from Capital Improvement Fund account 30-303-847, West 38th Avenue, Cody to Kipling, seconded by Mr Eafanti, carried 5-3 with Councilmembers Worth, Edwards, and Fields voting no Item 11. CONSENT AGENDA. A Request for transfer of funds for acquisition of office furniture B Resolution 1421 - setting forth the City Council's intention to authorize credit card purchasing C Purchase of traffic materials D Payment of Victim Services E Resolution 1422 - vacating a permanent easement at 3795 Holland Street Motion by Mr Edwards for the adoption of the Consent Agenda, seconded by Mrs Behm Mrs Worth asked to pull Item b Motion on all items other than B carried 8-0 B Mrs Worth asked that Mr Middaugh explain this Resolution He stated that we would like to have a credit card for purchases that did not accept Purchase Requisitions, we might also want to use them for travel for Police Department Motion by Mr Solano for the adoption of resolution 1421, seconded by Mr Eafanti, carried 6-2 with Mrs Fields and Mrs Worth voting no CITY COUNCIL MINUTES July 25, 1994 Page 8 CITY ADMINISTRATOR'S MATTERS Mr Middaugh explained that at tomorrow's Special Meeting, the only subject would be revenue measures that Council wants to consider for the future budgets; talk specifically about Police Capital needs, such as building and communications needs CITY ATTORNEY'S MATTERS Kathryn Schroeder has begun work on the Cerveny support Wheat Ridge in our Supreme Court case Schroeder have prepared a memo for Council re after Amendment 1 case CML will Mrs Sang and Ms Recall Elections ELECTED OFFICIALS' MATTERS Tony Solano has found a note in his box re CML Convention; he will not submit expenses for that He invited everybody in District II for their third CAP meeting Ken Siler gave update on DRCOG meeting regarding Light Rail; he voted against it Jean Fields has had inquiries about nursing home slgns tacked up on telephone poles Mr Middaugh was supposed to look into that, they still have not been taken down She resents questions that imply that everybody at City Hall corrupt; she has no interest in that particular nursing home Mr Middaugh explained that this was not on the top of his priority list Mr Edwards stated the Mayor sits on the Board of that Nursing Home and that is why the signs are still up Mayor Wilde stated that, as usual, Mr Edwards is wrong He is not on the Board, his mother-in-law is there; he pays full price for her being there Motion by Mrs Behm for adjournment; seconded by Mr Siler; carried 8-0 /t-1L-d-;..( Wanda Sang, City Meeting adjourned at 10 05 P m APPROVED BY CITY COUNCIL ON OCTOBER 24,1994 BY A VOTE OF o 1 I / 7 TO sJ:;;'J '- \ . \ \_ { - \> TONY SOLANO. \ Counc i 1 \ l. I~ President