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HomeMy WebLinkAbout03/27/1995 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building MARCH 27.1995 The Regular City Council was called to order by Mayor Wilde at 7 00 P m Councilmembers present: Rae Jean Behm, Don Eafanti, Vance Edwards, Jean Fields, Ken Siler, Tony Solano, and Claudia Worth Also present: City Clerk, Wanda Sang, City Attorney, Kathryn Schroeder; City Administrator, Robert Middaugh, 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 CITIZENS' RIGHTS TO SPEAK AI Baker, 8710 W 68th Place, owns a 4-plex at 8991 West 45th Place, has recently been cited by Code Enforcement regarding his dumpster; asked that the Ordinance pertaining to trash dumpsters be changed, he feels it would be more unsightly to have 4 trash barrels, rather than a dumpster Motion by Mrs Worth to suspend the Rules to allow Council to respond to citizens, seconded by Mr Solano, carried 7-0 Discussion was held in regards to screening dumpsters. Mr Gidley explained that a revised ordinance would be presented to Council within the next two months Motion by Mr Siler to discuss the trash dumpster ordinance at the April 17 Study Session, seconded by Mrs Worth, failed 3-4 with Councilmembers Eafanti, Siler and Worth voting yes Karen Thiessen, 9560 W 38th Avenue, showed overhead transparencies of petitions submitted asking that public comment be moved to the end of Council meetings, she feels that some of the signatures she pointed out were signed by one person, some were all signed in one business She asked that, if Council changes the public comment time, they at least take a look at the petitions CITY COUNCIL MINUTES March 27, 1995 Page 2 LOCAL LIQUOR AUTHORITY MATTERS Item 1. Application to Change Trade Name from "Colorado Cafe" to "Great Scotts Eatery" Application to Transfer Ownership from NTAMA, Inc, dba "Colorado Cafe", 4105 Wadsworth Blvd, to Ram Amusement Investments, Inc , dba "Great Scotts Eatery" City Clerk, Wanda Sang, gave the staff report. Applicant, Scott Richter, was present to answer questions and was sworn in by the Mayor Motion by Mr Siler to approve the application for Change of Trade Name from "Colorado Cafe" to "Great Scotts Eatery", seconded by Mrs Behm, carried 7-0 Motion by Mr Siler to approve the request to Transfer the Ownership from NTAMA, Inc , dba "Colorado Cafe", to Ram Amusement Investments, Inc , dba "Great Scotts Eatery", 4105 Wadsworth Blvd, for the following reasons 1 All applications and fees required by statute have been filed and paid, 2. Applicants have been cleared by the Police Department; 3 Applicants will be entitled to occupancy of the premises by virtue of a signed lease dated February 24, 1995 4 The Transfer of Ownership application was filed prior to the expiration of Colorado Cafe's license, seconded by Mr Eafanti, carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. An application by John and Julie Batug for approval of a final development plan and plat. The property is zoned Planned Residential Development and is located at 3701 Quail Street, Wheat Ridge (Case No WZ-95-2) Item 2 was introduced by Mrs Behm, title read by the Clerk. Mr Gidley was sworn in by the Mayor and presented the staff report. CITY COUNCIL MINUTES March 27, 1995 Page 3 Motion by Mrs Behm that Case No WZ-95-2, a request for approval of a final development plan and plat for property located at 3701 Quail Street, be approved for the following reasons 1 It is consistent with the approved outline development plan 2 All requirements for a final development plan have been met. 3 All requirements of the Subdivision Regulations have been met. With the following condition: 1 An easement for the irrigation ditch be recorded by separate document; seconded by Mr Solano Applicant, John Batug, was sworn in by the Mayor; he stated that an easement has been granted to the ditch company; ditch maintenance will be handled by the ditch company wherever it crosses anybody else's property; the whole purpose of the turnaround is to preserve 3 large trees. Motion carried 7-0 Item 3. An application initiated by the City of Wheat Ridge for approval of a change of conditions on property zoned Planned Commercial Development at 13001 West 32nd Avenue (Case No WZ-95-1) (Dwaine Richter) Item 3 was introduced by Mr Solano, title read by the Clerk. Mr Gidley presented the case Motion by Mr Edwards to hold an Executive Session under Section 5 7(b)(1) of the Charter; seconded by Mrs Worth, carried 7-0 EXECUTIVE SESSION WAS HELD. Greq Penkowsky, was sworn in by the Mayor; he is representing LaQuinta Inn They want this problem solved; it has been going on for too long, they are not against Mr Richter developing his property, they are all for it; but their concerns are the removal of these conditions, they need to know exactly where the roads are going to go, this should be done by Ordinance, also feels that this would need LaQuinta's approval Brad Brauer, 3238 Zinnia Court, was sworn in, objected to removal of condition because it ignores safety and traffic and once again it says to the community that big business, land developers, are first, community concerns are last; gave suggestion as to where he thought the road should go CITY COUNCIL MINUTES March 27, 1995 Page 4 Motion by Mr Solano that Case No WZ-95-1, a proposal by the City of Wheat Ridge to remove a restriction on development of Lot 3, 70 West Business Center, pertaining to relocation of Youngfield Service Road, be approved_ It should be understood, however, that no building permits shall be issued for Lot 3, or any other lot within this development until all requirements of the Zoning Ordinance and other development and use codes of the City are met; seconded by Mrs Behm Motion by Mr Edwards to amend this motion that this Case be presented as an Ordinance on first reading at the next City Council meeting; seconded by Mrs Worth, failed 3-4 with Councilmembers Edwards, Worth, and Fields voting yes. Original Motion carried 5-2 with Mr Edwards and Mrs Worth voting no Item 4. 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 by Mr Edwards on second reading, title read by the Clerk; Ordinance No 992 assigned Motion by Mr Edwards for the approval of Council Bill 8 (Ordinance 992), seconded by Mr Siler; carried 7-0 Item 5. 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 by Mr Edwards on second reading, title read by the Clerk; Ordinance No 993 assigned Motion by Mr Edwards for the approval of Council Bill 9 (Ordinance 993), seconded by Mr Solano, carried 7-0 ORDINANCES ON FIRST READING Item 6. Council Bill 13 - An ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado, regarding restraining orders issued by the Municipal Court and the violation of such restraining orders Council Bill 13 was introduced on first reading by Mrs Worth, title read by the Clerk. CITY COUNCIL MINUTES March 27, 1995 Page 5 Motion by Mrs Worth that Council Bill 13 be approved on first reading, ordered published, public hearing be set for Monday, April 24, 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 Siler; carried 7-0 Item 7. Council Bill 14 - An ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado regarding harassment and adding harassment by stalking Council Bill 14 was introduced on first reading by Mrs Behm, title read by the Clerk. Motion by Mrs Behm that Council Bill 14 be approved on first reading, ordered published, public hearing be set for Monday, April 24, 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 Mrs Worth, carried 7-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 8. Resolution 1467 - authorizing submittal of the application for the 1995 Joint Venture/Grant Project to Jefferson County Open Space - development of an expansion to Prospect Park, The Rock-Gillhouse property Resolution 1467 was introduced by Mrs Worth, who also read the title Motion by Mrs Worth for the adoption of Resolution 1467, seconded by Mr Edwards, carried 7-0 Item 9. Amendments to the intergovernmental agreement for the Jefferson County Household Chemical Storage Authority Motion by Mr Edwards that the City of Wheat Ridge support changes to the intergovernmental agreement for the Jefferson County Household Hazardous Waste Storage Authority relative to recycling, a full time facility manager, and a drop and swap program as requested, and that the Authority be asked to further explore the deletion of insurance coverage prior to making a recommendation for change to the participating communities, seconded by Mrs. Behm, carried 7-0 Item 10. Review of utility bills Motion by Mr Solano that the Mayor sign a contract with Utility Factfinders, Inc to allow the review of the City's Utility Bills, including Street Lighting, and that payment of any fees be based on a 50-50 split of cost savings over a 36 month period, payable 1/3 each 12 month period and that all costs be charged to the appropriate utility/street lighting account from the budgeted amount for each 12 month period, seconded by Mrs Fields, carried 6-1 with Mrs Worth voting no CITY COUNCIL MINUTES March 27, 1995 Page 6 Item 11. CONSENT AGENDA. A. Award Contract to repair swimming pool bulkhead B Resolution 1468 - approving first amendment of intergovernmental agreement establishing the Rocky Flats local impacts initiative C Motion for payment of computer software maintenance Consent Agenda was introduced by Mr Siler; titles read by the Clerk. Mr Siler read the amount to be expended for these items Swimming Pool, $12,349 00; Software, $4,000 00 Motion by Mr Siler to adopt the Consent Agenda. seconded by Mr Solano, carried 7-0 CITY ADMINISTRATOR'S MATTERS Mr Middaugh reminded Council of their upcoming breakfast with the County Commissioners, upcoming CML Conference in Grand Junction, discussed items for upcoming study session, such as judges' pensions, distributed copies of City of Wheat Ridge Economic Development Strategic Plan CITY ATTORNEY'S MATTERS Kathryn Schroeder gave update on Cerveny case, which will be dealt with by the Supreme Court; we are continuing with our condemnation actions in regards to 38th Avenue, she then tendered her resignation for personal reasons and submitted letter to Clerk; she will be helping with the transition to a new attorney if Council and Mr Middaugh desire, she wished everybody the best of luck and will be happy to talk with anybody privately that wishes to talk to her ELECTED OFFICIALS MATTERS Vance Edwards wished Ms. Schroeder the best; he related that he and Mr Solano had lunch and some citizens were surprised to see them sitting together and eating Claudia Worth inquired about the parking of semis on private property and the idling and hopes we enforce our ordinances on this. CITY COUNCIL MINUTES March 27, 1995 Page 7 Ken Siler asked if Wheat Ridge Council wants a presentation from DRCOG, Council suggested that Mr Siler listen to the presentation and then give a brief report to Council, he would like to have a discussion of Code Enforcement put on a study session Don Eafanti made an announcement that there is going to be a clean-up on 38th Avenue between Sheridan and Wadsworth this Saturday; come and help! Tony Solano regrets that he said at a Study Session, that some people in Wheat Ridge treat the Charter like the Bible, he apologized for that. Jean Fields asked if the Charter just sets guidelines or is it the constitution of Wheat Ridge Mayor Wilde replied that it is the law unless the citizens change it, but it does have some interpretive problems Rae Jean Behm wished Ms. Schroeder well Motion by Mr Eafanti to adjourn, seconded by Mrs. Behm, carried 6-1 with Mr Solano voting no Meeting adjourned at 10.35 p.m ,\ - J) -' ,. ~>~ ,.x /v.. 0 Wanda Sang, City CI~\( APPROVED BY CITY COUNCIL ON APRIL 10, 1995 BY A VOTE OF ~ TO ~ ,l'C'-L ~. t l, r,. Tony Solano, Council President