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
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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.
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March 27, 1995
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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
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March 27, 1995
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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.
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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
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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.
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March 27, 1995
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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
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Wanda Sang, City CI~\(
APPROVED BY CITY COUNCIL ON APRIL 10, 1995 BY A VOTE OF ~ TO ~
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Tony Solano, Council President