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
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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
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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
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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
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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
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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
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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
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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
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TONY SOLANO. \ Counc i 1
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President