HomeMy WebLinkAbout09/12/1994
September 12, 1994
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W 29th Avenue, Municipal Building
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; City Treasurer,
Jim Malone; for Director of Public Works, John Oss; Director of
Planning, Glen Gidley, Chief of Police, Jack Hurst; Director of Parks
and Recreation, Gary Wardle; staff; and interested citizens
APPROVAL OF MINUTES of August 22, 1994
Motion by Mr Eafanti for the approval of the Minutes of August 22,
1994, seconded by Mr Siler Mrs Worth asked that instead of using
the word "complained", the record should say "addressed the Council"
Mrs Fields wants the record to reflect that under Item 11, she liked
the idea of the tree sculpture, but did oppose spending $11,000 to put
it in that location Motion carried 8-0 ~
City Clerk, Wanda Sang, stated that when the Minutes are prepared, we
go exactly by how things are being said on the tape She asked that
In the future, Councilmembers contact the Clerk's office if they want
to change the wording and not take up time during the meeting
Mrs Worth stated on the June 27 meeting Mr Taylor never refused to
tell the truth The Minutes are wrong She asked that the whole
transcript of the exchange between Mr Taylor and Mayor Wilde be added
to the Minutes Mr Siler asked that Council be provided a copy of
the transcript before the Minutes are corrected City Clerk, Wanda
Sang, explained that Mrs Worth never made this as a correction to the
Minutes on August 8, merely a comment Mrs Worth asked for a
correction now Mayor Wilde stated we would come back to this later
CITIZENS' RIGHTS TO SPEAK
John Dwver. stated that his wife's letter, read into the record on
August 22, pertaining to Case No WZ-94-5, constituted a legal protest
and therefore the Ordinance needed a 6-2 vote to pass City Attorney,
Kathryn Schroeder, stated that the letter voiced concerns, but did not
constitute a legal protest Mr Middaugh reminded Council that this
CITY COUNCIL MINUTES
September 12, 1994
Page 2
was not the appropriate part of the Agenda to discuss this subject It
will be brought up at the end of the meeting
Tom Shockley, was appalled last week that Council approved a rezoning
for somebody who came in without finalized plans
Ron Patera, feels that Council has been attacking first amendment
rights of citizens
Karen Thiessen addressed inaccuracies in Minutes and hopes that
everyone listens very closely to Public Comment; she also gave report
on statistics involving Emergency Vehicles She further addressed the
recall against Dennis Hall She is in support of citizens exercising
their right to recall
LOCAL LIOUOR LICENSING AUTHORITY MATTERS
Item 1.
Transfer of Ownership from Coastal Mart, Inc , dba C-Mart
#1243, 5190 Ward Road, Wheat Ridge, Colorado, to Pester
Marketing Company
Item 1 was introduced by Mr Siler, staff report given by the Clerk
Motion by Mr Siler to approve the Transfer of Ownership from Coastal
Mart, Inc , dba C-Mart #1243, 5190 Ward Road, Wheat Ridge, to Pester
Marketing Company, 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 deed, dated January 10, 1977 3 The applicants have
been cleared by the Police Department; seconded by Mr Eafanti
Wayne Kruger, area sales manager, was sworn in by the Mayor; he
answered Council's questions regarding employee training
Motion carried 8-0
Item 2.
Change of Tradename and Change of Manager for Country
Broker, Inc , 10151 W 26th Avenue, Wheat Ridge
Item 2 was introduced by Mrs Behm, Clerk gave staff report
Motion by Mrs Behm to approve the Change of Tradename from Country
Broker to "Traditions and Tournaments West", 10151 W 26th Avenue,
Wheat Ridge
I further move to approve the Change of Managers from Ronald Evers to
William S Felitti, seconded by Mr Eafanti, carried 8-0
Ed Novak, President of Country Broker, Inc , publicly thanked the
citizens of Wheat Ridge for all the support they have given him over
the years, he especially wanted to commend the City Clerk's Office,
they are one of the finest groups he has ever worked with
CITY COUNCIL MINUTES
September 12, 1994
Page 3
Item 3.
Transfer of Ownership from Country Broker, Inc , dba Country
Broker, 10151 W 26th Avenue, Wheat Ridge, to Traditions
American Restaurants, Inc , dba "Traditions, An American
Restaurant/Tournaments West"
Item 3 was introduced by Mrs Behm, staff report glven by the Clerk
Motion by Mrs Behm to approve the Transfer of Ownership from Country
Broker, Inc , dba "Country Broker", 10151 W 26th Avenue, Wheat Ridge,
to Traditions American Restaurants, Inc , dba "Traditions, An American
Restaurant/Tournaments West", for the following reasons 1 All
applications have been filed and fees paid 2 Applicants have been
cleared by the Police Department 3 Applicants are in possession of
the premises by virtue of a signed lease assignment dated August 31,
1994, seconded by Mr Eafanti; carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 4.
Council Bill 67 - An Ordinance amending Section 7-23,
Elections, of the Code of laws of the City of Wheat Ridge,
and adding a new Section 7-46
Council Bill 67 was introduced on second reading by Mr Edwards; title
read by the Clerk, Ordinance No 977 assigned
Mr Middaugh requested a language change in Section 2 so that the
wording reads all the way through with the same kind of descriptive
language He asked that in the first sentence strike the words "Pro
and Con" Second sentence strike the word "Statements" and again "Pro
and Con" and then the word "on" after the word "Statements," then add
after the word "Statements" the words "for and against" Section 2
would read with the changes, "That a new section 7-46, Filing of
Summary Statements, be added to read Statements for or against any
issues are to be filed with the City Clerk no later than 45 days
before any election "
Motion by Mr Edwards to adopt Council Bill 67 (Ordinance No 977) on
second reading and order it published with Section 2, amended to read
"That a new Section 7-46, Filinq of Summarv Statements, be added to
read Statements for or against any issues are to be filed with the
City Clerk no later than 45 days before any election" This Ordinance
shall take effect upon final passage, seconded by Mrs Fields, carried
8-0
Motion by Mr Edwards that the City Council strongly support and
r8quest that Mrs Sang, City Clerk, to compile and publish both "For
and Against" statements regarding the West 38th Avenue widening ballot
question; seconded by Mr Solano, carried 8-0
CITY COUNCIL MINUTES
September 12, 1994
Page 4
ORDINANCES ON FIRST READING
Item 5.
Council Bill 68 - An Ordinance adopting, by reference, the
1994 Uniform Housing Code
Council Bill 68 was introduced on first reading by Mrs Fields; title
read by the Clerk
Motion by Mrs Fields that Council Bill 68 be approved on first
reading, ordered published, public hearing be set for Monday, October
10, 1994 at 7 00 P m in City Council Chambers, Municipal Building,
and if approved on second reading, take effect 15 days after final
publication, seconded by Mr Solano
Mr Edwards moved to discuss this at the next Study Session, he wants
the opportunity to have some questions answered; this is a very
important ordinance; seconded by Mr Siler, carried 8-0
Item 6.
Council Bill 69 - An Ordinance providing for the approval of
a Special Use Permit to allow an Auction House in a
Commercial-One Zone District on land located at 6105 West
44th Avenue, City of Wheat Ridge, County of Jefferson, State
of Colorado
(Case No SUP-94-4) (Thomas C Bruhns)
Council Bill 69 was introduced on first reading by Mr Siler; title
read by the Clerk
Motion by Mr Siler that Council Bill 69 be approved on first reading,
ordered published, public hearing be set for Monday, October 10, 1994
at 7 00 P m in City Council Chambers, Municipal Building, and if
approved on second reading, take effect 15 days after final
publication; seconded by Mrs Behm; carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 7.
Approval for Rental Improvement Loan
Item 7 was introduced by Mr Solano; title read by the Clerk
Motion by Mr Solano that the Mayor and City Clerk be authorized to
enter into an agreement with FirstBank for the rental improvement loan
program, seconded by Mr Eafanti
Brian Ballard, Assistant Cashier of FirstBank, was present and
explained the purpose of the loan program; he also answered Councils'
questions
CITY COUNCIL MINUTES
September 12, 1994
Page 5
Motion by Mr Edwards to table this motion until other banks are
offered the opportunity to participate in this program, seconded by
Mrs Worth, failed 3-5 with Councilmembers Worth, Edwards and Fields
voting yes
Ken Chee, Executive Vice President of FirstBank of Wheat Ridge, was
present and stated that they would love to see other banks join in the
loan program; in fact, they will write a letter to the other banks to
that effect, they are doing this to better the City of Wheat Ridge
Motion by Mr Edwards to amend the motion that the waiver of the
building fee and use tax fee waiver be eliminated, seconded by Mrs
Fields; failed 3-5 with Councilmembers Worth, Edwards, and Fields
voting yes
Vote on original motion carried 5-3 with Councilmembers Worth,
Edwards, and Fields voting no
Item 8.
CONSENT AGENDA
A Approval of Payment to Colorado State Youth Soccer
Association
B Bid Award for Chemical Fertilizer
C Bid Award for Pedestrian Bridge
D Bid Award for 1994 Concrete Rehabilitation program
E Approval of shoulder maintenance expenditure
Motion by Mr Edwards to approve the Consent Agenda Items A through E
as printed, seconded by Mr Eafanti
Mr Solano asked to pull Item A
Motion on B through E carried 8-0
Mr Solano asked for more details on Item A Mr Wardle stated that
these are fees collected from the players that are then passed on to
the Association
Motion by Mr Solano that the Colorado State Youth Soccer Association
fees for the fall soccer season be paid in the amount of $3,624 and
that all costs will be charged to Acct No 01-602-660; seconded by
Mr Edwards, carried 8-0
CITY COUNCIL MINUTES
September 12, 1994
Page 6
Item 9.
Appointment to Planning Commission
Motion by Mrs
seconded by Mr
Behm to postpone Item 9 to the September 26 meeting;
Solano; carried 8-0
CITY ATTORNEY'S MATTERS
Kathryn Schroeder gave update on Elliot lawsuit, every charge against
the City has been dismissed
She has been informed of a situation that might require the City to
file a lawsuit and asked for an Executive Session under Section
5 (b) (1) (B) of the Charter to discuss the situation and what legal
action should be taken Mr Edwards moved that we go to Executive
Session after Elected Officials Matters and then adjourn immediately
thereafter; seconded by Mrs Worth, carried 8-0
ELECTED OFFICIALS MATTERS
Claudia Worth asked that the City Clerk read a statement into the
record, which was provided by Wheat Ridge United Neighborhoods and
addressed Election Preview 94 There will be a meeting on Thursday,
September 29, 1994 at 7 00 P m in City Council Chambers City Clerk
read the statement into the record
Claudia Worth/,thanked staff and Officer Cooney for a problem that was
taken care of speedily and efficiently in District IV on Robb Street
~\.\
She is convinced that Mrs Dwyer's letter was a protest and she thinks
the motion failed
Claudia Worth asked about sound barriers along 1-70 She also asked
about renaming Wheat Ridge Park after Mayor Anderson
***
Mrs Worth moved that the transcript provided by the City Clerk be
added to the June 27 Minutes; seconded by Mr Edwards; carried 8-0
-~
Motion by Mr Solano to send a letter to CDOT to erect sound barriers
along 1-70 and that the Mayor be authorized to sign this letter
Copies are to be sent to Governor's office and State Representatives,
seconded by Mr Edwards; carried 8-0
Vance Edwards asked who was
Harlan; it is a real dump
Parks to look into this and
median up by Johnson Park
responsible
Mayor Wilde
work on it
for
has
He
the median upkeep on
asked Public Works and
also asked about Wadsworth
CITY COUNCIL MINUTES
September 12, 1994
Page 7
He moved that at the beginning of the Study Session we discuss the
Economic Development Coordinator position and the structure in terms
of responsibility, should it be a contract position, Councils' role,
etc ; seconded by Mr Solano, carried 8-0 He asked that if this
should be a Special Meeting rather than a Study Session so that
binding decisions can be made He asked that this be a motion;
seconded by Mrs Worth After discussion the motion for special
meeting was withdrawn He will call for a Special Meeting in writing
Mr Eafanti asked for an update on Walmart construction and drainage
Mr Middaugh stated drainage construction will not start until Spring
1995
Ken Siler asked for status on Planning Commission approving items that
do not need to come before Council Glen Gidley replied that it might
take quite some time before this comes back to Council
Jean Fields asked about the volunteer duties in the Police Department,
does that include work on graffiti? Mr Middaugh stated that Officer
Cooney is in charge of graffiti Mrs Fields has been getting a lot of
complaints about this
Mr Edwards asked for consensus to have a specific number published
that the public can call for vandalism and a hotline for robberies;
consensus was 8 in favor
Executive Session was held.
Meeting adjourned at 10 30 P m
APPROVED BY CITY COUNCIL ON September 26, 1994 BY A VOTE OF
8 TO 0
O(j:QQJ/
Dennis Hall, Council President
*** Mrs Worth asked that her comment concerning sound barriers be included before Mr
Solano's motion She stated Mr Solano mentioned that Mrs Worth brought up the
sound barriers along 1-70 between Miller and 1-70 truck stop