Loading...
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