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HomeMy WebLinkAbout02/27/1995 1 Februarv 27, 1995 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The Regular City Council was called to order by Mayor Wilde at 7 00 P m Councilmembers present Don Eafanti, Vance Edwards, Jean Fields, Ken Siler, Tony Solano, and Claudia Worth Councilmember Rae Jean Behm was absent but voted by telephonic hookup on Items 7 through Item 15 Also present City Clerk, Wanda Sang; City Attorney, Kathryn Schroeder, City Administrator, Robert Middaugh; City Treasurer, Jim Malone; Parliamentarian, Mary Bahde; Director of Planning, Glen Gidley, Director of Parks & Recreation, Gary Wardle, Chief of Police, Jack Hurst; Director of Public Works, Bob Goebel; staff, and interested citizens APPROVAL OF MINUTES of February 13, 1995 Motion by Mr Eafanti for the approval of the Minutes of February 13, 1995; seconded by Mr Solano; carried 6-0 CITIZENS' RIGHTS TO SPEAK Motion by Mr Solano to waive the Council Rules and to allow exchange between Council and citizens, seconded by Mrs Worth, carried 6-0 Nancy Snow, 11155 W 40th Ave , expressed concern over the amount of time and money that has been spent on the recall election, complaint for declaratory judgement was full of errors; City Attorney filed a motion to strike the citizens' response, which she finds outrageous Ms Schroeder replied that any and all of Mrs Snow's statements were not fact, but merely interpretations Ms Schroeder had talked to the judge's Clerk today and was informed that the City should have a decision on or about March 8 on the declaratory judgement; the reason it has taken so long is because of all the documents that have been filed by the defendants after the initial complaint Bill Peterson read a letter he had received from a talent agent, which praised his appearance at previous Council meeting, and offered to contact them for possible representation He stated that people should sign the back of their car registration or they could be subject to a $26 00 fine CITY COUNCIL MINUTES February 27, 1995 Page 2 Geoff Wodell, 3935 Garland Street, spoke to clarify the record that under no circumstances does he want the reconstruction of West 38th Avenue delayed At the last Council meeting his comments were regarding the undergrounding of cable wires and in no way did he imply that reconstruction on West 38th Avenue should be delayed Ron Patera, 4125 pierce Street, apologized for his comments at the last Council meeting that may have inferred that Mr Solano was a communist He merely wanted to state that any attempt to stifle free speech was a contradiction of the tenants that elected officials are sworn to uphold He also apologized for any comments that offended Mr Siler LOCAL LIQUOR AUTHORITY MATTERS Item 1. Application for Request to change the trade name from Time Square Liquors to Discount Liquors Application to change location from 4216 Wadsworth Blvd , to 3910 Wadsworth Blvd, Wheat Ridge, Colorado City Clerk, Wanda Sang, gave the staff report Motion by Mr Siler to approve the application for Change of Trade Name from Time Square Liquors, 4216 Wadsworth Blvd , to Discount Liquors, 3910 Wadsworth Blvd, Unit #10, Wheat Ridge Colorado" I further move to approve the request to Change Location for Discount Liquors from 4216 Wadsworth Blvd, Wheat Ridge, to 3910 Wadsworth Blvd, Unit #10, Wheat Ridge, for the following reasons (I) All applications and fees required by statute have been filed and paid; (2) Notice of hearing and posting of the premises have been accomplished according to statutory requirements; (3) The applicant will be entitled to occupancy of the premlses by virtue of a signed lease dated January 11, 1995, (4) The applicant is in possession of a valid liquor license with the expiration date of June 24, 1995; (5) The evidence adduced at the Public Hearing on February 27, 1995 established that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by petitions bearing 42 signatures in favor of issuance 8 signatures in opposition, and 60 signatures evidencing no oplnlon and that issuance of this license is consistent with the needs of the neighborhood under consideration; seconded by Mrs Worth; carried 6-0 CITY COUNCIL MINUTES February 27, 1995 Page 3 Item 2. Motion to reschedule liquor violation hearing for Pigskins to March 27, 1995 at 6 00 P m Motion by Mr Edwards that the show cause hearing for a liquor violation at Pigskins originally scheduled for Monday, March 13, be postponed until March 27, at 6 00 P m at the Wheat Ridge Municipal Building; seconded by Mr Solano; carried 6-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 3. Application by Richard Gash for the Linda K Gash Trust for approval of a final development plan and plat for property located at 10150 West 43rd Avenue (Case No WZ-94-11) Case No WZ-94-11 was introduced by Mrs Worth, title read by the Clerk Mr Gidley was sworn in and gave the staff report Applicant Richard Gash, 10175 W 35th Avenue, was sworn in and presented his case Motion by Mrs Worth that Case No WZ-94-11, a request for approval of a final development plan for property located at 10150 West 43rd Avenue, be approved for the following reasons 1 It is consistent with the outline plan approved 2 All minimum requirements have been met With the following conditions 1 The outdoor storage area be screened with a six-foot-high solid fence 2 The applicant provide upgraded landscaping with input from the Parks Director for the southwest corner of the property Additionally, that trees be added along the west boundary 3 That 25% or more of the west, south and southeast walls of the building include accent block similar in style as submitted In the picture before City Council 4 Efforts be made to preserve the 3 large trees on the property and that the City Arborist or appropriate official make the decision before they are destroyed; seconded by Mr Eafanti, carried 6-0 Motion by Mrs Worth that Case No WZ-94-11, a request for approval of a three-lot subdivision for property located at 10150 West 43rd Avenue, be approved for the following reason 1 All requirements of the Subdivision Regulations have been met, seconded by Mr Eafanti; carried 6-0 CITY COUNCIL MINUTES February 27, 1995 Page 4 ORDINANCES ON FIRST READING Item 4. Council Bill 7 - An Ordinance vacating a portion of Quail Street within the City of Wheat Ridge, County of Jefferson, State of Colorado, addressed as approximately 11200 West 35th Avenue (Case No WZ-95-1) Council Bill 7 was introduced on first reading by Mr Edwards; title read by the Clerk Motion by Mr Edwards that Council Bill 7 be approved on first reading, ordered published, public hearing be set for Monday, April 10, 1995 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, carried 6-0 Item 5. Council Bill 8 - An Ordinance amending the Code of Laws of the City of Wheat Ridge, Section 14-14, Wheat Ridge Municipal Court Fund, allowing additional uses of court fund proceeds Council Bill 8 was introduced on first reading by Mr Edwards; title read by the Clerk Motion by Mr Edwards that Council Bill 8 be approved on first reading, ordered published, public hearing be set for Monday, March 27, 1995 at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect upon passage, seconded by Mr Eafanti, carried 6-0 Item 6. Council Bill 9 - An ordinance amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to use of semi-trailers and shipping containers for the purpose of outside storage Council Bill 9 was introduced on first reading by Mr Edwards, title read by the Clerk Motion by Mr Edwards that Council Bill 9 be approved on first reading, ordered published, public hearing be set for Monday, March 27, 1995 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, carried 6-0 CITY COUNCIL MINUTES February 27, 1995 Page 5 DECISIONS, RESOLUTIONS, AND MOTIONS Mrs Behm was hooked up Vla telephone to allow her to vote Item 7. Public input on November 7, 1995 election Motion by Mr Solano to go along with the County Clerk's inclination to conduct a mailed ballot election on November 7, 1995 and ask that the City Clerk inform Jefferson County of Wheat Ridge's decision, seconded by Mr Siler; carried 7-0 Item 8. Resolution 1462 providing development incentives to the Coors Brewing Company for the modernization and expansion of the Coors Bottling Facility in the City of Wheat Ridge Resolution 1462 was introduced and Resolution read by Mrs Worth Mr Middaugh presented the staff report Alec Garbini, representing Coors Brewing Company, was present, asked for approval and answered questions Motion by Mrs Worth for the adoption of Resolution 1462, authorizing the City of Wheat Ridge incentives in the renovation of the Coors Glass Manufacturing facility; seconded by Mr Edwards; carried 7-0 Item 9. Proposed changes to Council Rules of Order and Procedure Motion by Mr Solano to postpone this item until all changes discussed at the Study Session have been brought in to be voted on; seconded by Mr Siler; carried 4-3 with Councilmembers Fields, Edwards, and Worth voting no Item 10. Reimbursement of curb and gutter cost Motion by Mrs Fields that Mr John Qualteri be reimbursed for his expenses related to the placement of curb and gutter in the amount of $1,895 10 and that this be charged to the Capital Fund Balance, seconded by Mr Eafanti; carried 5-0 with Mr Edwards and Mrs Fields abstaining Mr Edwards stated that Mr Qualteri gave him money for his campaign and he doesn't want any appearance of impropriety Mrs Fields also received money from Mr Qualteri and will abstain Item 11. Participation in costs of off site public improvements at the Gash Development on 43rd Avenue west of Kipling Street Motion by Mrs Worth that the City participate in the construction of the extension of West 43rd Avenue for the portion of the roadway which is on City property All costs for the City's portion shall not exceed $25,000 CITY COUNCIL MINUTES February 27, 1995 Page 6 I further move that $25,000 be transferred from Capital Fund Balance to Miscellaneous Street Projects Acct #30-303-851 I further move that all costs associated with this project be charged to Acct #30- 303-851, seconded by Mr Solano; carried 7-0 Item 12. Resolution 1464 - requesting continuing funding for the Kipling Village Site and the residents who reside at the complex located on the Ridge Home site just north of Ridge Road west of Kipling Street in the City of Arvada, County of Jefferson Resolution 1464 was introduced by Mrs Worth Sandy Russolesi, representing the parents of the residents of Kipling Village, stated that their goal is to keep Kipling Village open and continue to receive funding; asked for Councils' verbal support to keep it open Mrs Worth read the Resolution in its entirety Motion by Mrs Worth for the adoption of Resolution 1464; seconded by Mr Solano; carried 7-0 Item 13. Resolution 1463 - approving the Intergovernmental Agreement for a Shooting Range and Training Facility for Law Enforcement Personnel between the Cities of Lakewood, Arvada, Wheat Ridge, Golden, County of Jefferson, Colorado Division of Wildlife, and Red Rocks Community College Resolution 1463 was introduced and title read by Mr Solano Motion by Mr Solano for approval of Resolution 1463, authorizing the City of Wheat Ridge's participation in an intergovernmental agreement for a Jefferson County Law Enforcement Firing Range; seconded by Mrs Fields; carried 7-0 Item 14. Reschedule/Cancellation of March 13 City Council meeting Motion by Mr Eafanti that the March 13 Council Meeting be cancelled and rescheduled for March 20 instead of the Study Session; seconded by Mr Siler, failed 2-5 with Mr Eafanti and Mrs Behm voting yes Motion by Mr Solano to hold a Study Session on March 15 and a Regular Meeting on March 20, seconded by Mr Edwards Mrs Worth made an amendment to hold the study session on March 22; seconded by Mr Siler; carried 7-0 Motion as amended carried 7-0 CITY COUNCIL MINUTES February 27, 1995 Page 7 Item 15. CONSENT AGENDA A Award Contract for the 1994 Miscellaneous Drainage Project (RFB #95-02) B Approve Acquisition of screens for the Richards-Hart Estate C Approve Purchase of the City's Newsletters for 1995 (RFQ #001-95) D Approve Purchase of Recreation Brochures for 1995 (RFB #95-10) Motion by Mr Siler to approve the Consent Agenda as printed; seconded by Mr Solano; carried 7-0 CITY ADMINISTRATOR'S MATTERS Mr Middaugh referred to the memo included in this packet regarding the Federal Grant - COPS Fast Program information, Council will be kept updated At the next study session Council/staff contacts will be discussed and the mediators will be giving their report; they will also discuss possible changes to the Recreation Vehicle Ordinance He also referred to memos on the CAP program and response to Mr Shockley's comments at a previous Council meeting CITY ATTORNEY'S MATTERS Kathryn Schroeder gave update on pending legal matters ELECTED OFFICIALS MATTERS Jim Malone has put a memo in Councils' mail boxes which gives a line item expenditure for every fund; if Council wants a change to this, please let him know Vance Edwards stated that the groundbreaking for 38th Avenue was on Wednesday and it went very well, let's hope this will be done by June or July CITY COUNCIL MINUTES February 27, 1995 Page 8 Claudia Worth was not able to attend the groundbreaking, she had to go to school, but was thinking of them She asked for a consensus to have Mr Middaugh bring in a proposal for PC with word processing, so that we can have a floater computer in this City, to use when a computer goes down, but to start out in the probation office until we can hook them up with the Police Department Consensus was 4 in favor Ken Siler asked for consensus to review the that as part of the March 22 Study Session broke the tie by voting yes Consensus was Council Rules and have Consensus was 3-3, Mayor 4-3 Tony Solano expressed concern about the speed on 44th Avenue, asked about landscaping on the north side of the street; asked about trees that were supposed to be cut down by Public Service, citizens in that area don't feel they are being heard--maybe a meeting could be set up to talk to them Asked about buying a second speed board Wants CAP meetings scheduled as soon as possible Jean Fields thanked the Neighbors for a Safer Community for notifying her of the groundbreaking on 38th Avenue Wanda Sang asked for an extension for the Election Committee report until May 1 Consensus was 6 in favor Motion by Mr Edwards to adjourn, seconded by Mr Solano; carried 6-0 Meeting adjourned at 10 27 P m ': . ilL....... ;,>- i Wanda Sang, City Clerk APPROVED BY CfTY COUNCIL ON MARCH 20, 1995 BY A VOTE OF ~ \ ~\.. ,\.\., ,. , ,I I Tony solan~, Council President TO