HomeMy WebLinkAbout04/24/1995
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W 29th Avenue, Municipal Building
APRIL 24, 1995
The Regular City Council was called to
order by Mayor Wilde at 7 00 P m
Councilmembers present Rae Jean Behm,
Teri Dalbec, Don Eafanti, Vance Edwards, Jean Fields, Ken Siler, Tony
Solano, Claudia Worth was hooked up electronically Also present
City Clerk, Wanda Sang; City Treasurer, Jim Malone; City
Administrator, Robert Middaugh; City Attorney, Gerald Dahl;
Parliamentarian, Mary Bahde, Director of Parks & Recreation, Gary
Wardle; Director of Planning, Glen Gidley; Chief of Police, Jack
Hurst; Director of Public Works, Bob Goebel; staff; and interested
citizens
APPROVAL OF MINUTES of April 10, 1995
Motion by Mr Eafanti for the approval of the Minutes of April 10,
1995, seconded by Mr Solano, carried 7-0 with Mrs Dalbec abstaining
PROCLAMATIONS AND CEREMONIES
Mayor Wilde read and presented the following proclamations
Municipal Clerks Week - May 7 through May 13, 1995
Victims Rights Week - April 23 through 29, 1995
Red Rocks Community College Awareness Month
Planting Roots in our Parks Day - May 13, 1995
Mayor Wilde also recognized National Grange Week
Motion by Mr Solano to suspend the Rules to allow discussion between
Council and people speaking under public comment; seconded by Mrs
Fields; carried 8-0
CITIZENS' RIGHTS TO SPEAK
Lisa Rosson, President for Neighbors for a Safer Community, presented
their first "Safer Neighbors" award to Quality Inn and Maxi's
Restaurant This award is given to businesses or individuals who have
greatly improved the safety and quality of life in their neighborhood
Geoff Wode11 informed Council of the work of the Crown Hill
Foundation; they are soliciting funds for the acquisition of this
land; encouraged City to reconsider if they have any funds as well
CITY COUNCIL MINUTES
April 24, 1995
Page 2
Mr Solano and Mr Edwards stated that the first step for the City is
to try and get funding from Jefferson County Open Space, at this time
it has not been determined exactly how much land is for sale and what
the asking price will be The City is very interested in having this
land as Open Space; it is, however, not located within the City of
Wheat Ridge, but in unincorporated Jefferson County
LOCAL LIQUOR AUTHORITY MATTERS
Item 1.
Notice of alleged liquor violation at "Valley Liquors", 4992
Ward Road, Wheat Ridge
Chief Hurst explained that the alleged violation is unlawful sale of
malt liquor to a person under 21 years of age Based upon numerous
complaints, Wheat Ridge Police Detectives and an undercover, juvenile
police cadet (under the age of 21 years), went to the liquor store and
the undercover cadet attempted to purchase beer The transaction
between the person under the age of 21 years, and the licensee, Valley
Liquors, was completed and witnessed by two police detectives This
is a violation of state law and a summons was issued
Motion by Mr Edwards that a Notice of Hearing and Order to Show Cause
be prepared by the City Attorney and executed by the Mayor and City
clerk and be issued to Hoo Yong Nam, dba "Valley Liquors", 4992 Ward
Road, Wheat Ridge, Colorado, based on allegations contained in the
attached Request for Show Cause Hearing The hearing is scheduled for
May 22, 1995 at 6 00 P m I further move that the Police Department
prosecute this case; seconded by Mr Solano; carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
Application by Colorado Land Consultants for General
Management Company for an amendment to the Planned
Commercial Development final development plan with variances
for the Applewood Shopping Center, located at 3600
Youngfield Street
(Case No WZ-95-3)
Mrs Behm introduced Case No WZ-95-3; title was read by the Clerk
Director of Planning, Glen Gidley, was sworn in by the Mayor and
presented the case
Motion by Mr Edwards to suspend the Rules and follow the procedure
outlined in the new proposed rules, that allows for brief statement of
staff, the applicant's presentation of his/her case; the opponents
statement of position; rebuttal by the applicant; and the new proposed
rule change would be rebuttal for the opponent as well, at this time
he asked that we suspend the old rules and follow this new rule;
seconded by Mrs Worth, carried 8-0
CITY COUNCIL MINUTES April 24, 1995
Page 3
Steve Wilson, Colorado Land Consultants, 8480 East Orchard Road,
Englewood, applicant, was sworn in by the Mayor He added a few mlnor
details to Mr Gidley's staff report and answered questions
Motion by Mr Solano to walve the Council Rules and allow
Councilmembers to address the speakers more than twice during this
item, there are actually 4 parcels being addressed, seconded by Mr
Edwards; carried 8-0
Jerry Biehl, owner of the shopping center, was sworn in by the Mayor;
and addressed some of the issues that had been brought up by Council,
showed Council a letter from Mr Fries, owner of Applejack Liquors,
who was not able to attend tonight, but who speaks in favor of the
expansion
Ralph Santangelo, 3801 Wright Court, was sworn in by the Mayor;
complimented everybody who helped getting the sound wall on the north
side; is opposed to the proposed Greenhouse Addition and the Good
Times Restaurant Feels that Mr Biehl has done a good job with the
rest of the development; asked that the parking requirement be
strictly adhered to
Ken Lewis, 3840 Wright Street, was sworn in by the Mayor; also is
opposed to the Greenhouse and the Good Times Restaurant Feels this
should have been done by Ordinance Stated that Walmart does not have
to obey the laws the rest of the citizens do
Mr Solano asked City Attorney, Gerald Dahl, if, in his opinion, this
should have been done by Ordinance Mr Dahl replied that this did
not have to be done by Ordinance He has consulted with several other
attorneys on this matter and they all agreed with him He cited
several case examples and Supreme Court decisions supporting his
statement
Tony FIasco, 4440 Reed Street, was sworn in by the Mayor; questioned
if this should have been done by Ordinance, asked if this is being
done for the good of the City of Wheat Ridge or if it is pure and
simple greed; this whole thing is premature, table it and ask for a
declaratory judgement to see if this should be done by Ordinance or
motion
Maureen Williams, 3490 Youngfield, owner of Applewood Paint and
Wallcovering, was sworn in by the Mayor, she definitely needs more
space and wants to go into Site Plan C Asked for approval; this is a
terrific shopping center and tenants have been there for years and
years
Mr Wilson and Mr Biehl addressed some of the issues that had been
brought up by various speakers and Council Mr Biehl withdrew his
application for the Greenhouse Addition for Walmart and asked that
B C and D be approved as submitted
CITY COUNCIL MINUTES April 24, 1995
Page 4
Motion by Mrs Behm that Detail B Good Times Restaurant be approved
with the following conditions The parking area near the West 38th
Avenue access needs to be revised to eliminate at least the north 4
spaces and convert that area to landscaping; and that the business
hours be restricted to 11 00 P m closing, seconded by Mr Solano;
carried 6-2 with Mr Edwards and Mrs Fields voting no Mr Edwards
thinks this should be done by Ordinance
Motion by Mrs Behm that the Detail C site plan be approved It is
advised that the owner consider reworking the back-out parking at the
entrance to eliminate back-out This plan is a substantial
improvement in parking and drive aisle layout; seconded by Mr Solano,
carried 6-2 with Councilmembers Edwards and Fiel~voting no
Motion by Mrs Behm that the front setback variance for the building
addition be approved for the following reasons a A precedent has
been set for a 30-foot setback along Youngfield b The 30-foot
setback will be proportionate to the height of the building seconded
by Mr Solano Mr Edwards asked if this needed a majority vote to
pass He does not feel it meets the criteria for a variance Motion
failed 5-3 with Councilmembers Dalbec, Edwards, and Fields voting no
Motion by Mrs Behm that the balance of Detail D site plan be
approved I further move that the existing dumpsters that are placed
adjacent to Youngfield in this area be properly screened from view as
is currently required by our zoning ordinance, seconded by Mr
Eafanti; failed 2-6 with Councilmembers Eafanti and Worth voting yes
Item 3.
Application by St Ives Realty for approval of a subdivision
plat for properties zoned Planned Residential Development
and Residential-Two, located at 10241 West 38th Avenue and
3975 Miller Court
(Case No WZ-95-5)
Case No WZ-95-5 was introduced by Mr Solano, who also read the
title
Motion by Mr Solano that this Item be continued until staff can get
the information that is required as part of this item; seconded by Mr
Edwards; carried 8-0
Mr Solano explained that the following items needed to be addressed
before the hearing The hearing date will be May 8, 1995 Matters 1
through 5 be cured and submitted as part of the package by May 2,
1995 Matters are 1 Resolution of the emergency access issues with
police and fire departments The details need to be worked out and
approved by both agencies prior to issuance of any building permits
2 Adequate provisions be made in the development covenants for
street repair, maintenance and snow removal 3 Drainage easements
need to be reached with the adjacent property owner, staff will have
the ability to amend the plan by replacing building lots with drainage
retention areas
CITY COUNCIL MINUTES April 24, 1995
Page 5
4 Staff be authorized to require minor modifications to the
design and street system and drainage in order to protect the public
health and safety 5 Restriction of Recreational Vehicle Parking be
disallowed and placed on the plan
Mr Edwards moved for reconsideration of the prlor question, seconded
by Mr Eafanti, carried 8-0
Mr Solano called for his motion, seconded by Mr Eafanti; carried 8-
o
Item 4.
Application by the City of Wheat Ridge for approval of a
Conditional Use Permit to allow the expansion of the Wheat
Ridge Municipal Building located at 7500 West 29th Avenue
(Case No CUP-95-1)
Case No CUP-95-1 was introduced by Mr Solano, title read by the
Clerk
Mr Gidley presented the staff report Director of Public Works, Bob
Goebel was sworn in by the Mayor and gave report on proposed drainage
improvements
Angelo Sanelli, 7350 W 27th Avenue, was sworn in by the Mayor; is
happy about the irrigation ditch, has reserves about the curb and
gutter; would prefer that Police Department move into another
building
Harold Jewell, 7360 W 27th Avenue, was sworn In by the Mayor; had
concerns about drainage and parking area
Tom Prose, 7295 W 28th Avenue, was sworn in by the Mayor; he agreed
with the previous speakers; was very concerned about drainage
problems, can't see the point of putting in sidewalks; concerned about
parking
Bill Wiggins, 2790 Vance Street, was sworn in by the Mayor, would like
to see the landscaping maintained; need drainage improvements;
neighbors don't want the lower parking lot
Mrs Ion
asked if
property
Chernin, 7380 W 29th Avenue, was sworn in by the Mayor; she
the ditch, curb, and sidewalk would end right at her
(This will have to be looked at)
CITY COUNCIL MINUTES April 24, 1995
Page 6
Motion by Mr Solano that Case No CUP-95-1, a request for approval of
a Conditional Use Permit to allow the expansion of the government
building at 7500 West 29th Avenue, be approved for the following
reasons 1 All minimums for the R-2 district have been met 2
The evaluation criteria support approval of this request With the
following conditions 1 The parking lot extension at the southeast
corner will be eliminated and the northeast smaller lot will also be
eliminated 2 A vertical landscaped buffer be provided along the
eastern edge of the parking lot to screen the parking lot area from
the residences 3 That the overall drainage from the site be
addressed and that it start from the parking lot itself to the
drainage pond into 28th & Vance, eventually ending up in the Sloans
Lake Drainage Pond That Wadsworth be brought into compliance with a
development agreement and that we put the sidewalk in at that
particular time, seconded by Mrs Dalbec
Mr Siler will vote against this motion because 29th Avenue and
Wadsworth improvements were not included in this motion We require
everybody else to comply with requirements, but governments exempt
themselves from compliance
Motion by Mr Siler to amend that West 29th Avenue and Wadsworth be
brought into compliance for width and public improvements Motion
died for lack of second
Vote on original motion carried 7-1 with Mr Siler voting no
Item 5.
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 second reading by Mrs Worth, title
read by the Clerk; Ordinance No 998 assigned
Motion by Mrs Worth for the approval of Council Bill 13 (Ordinance
998); seconded by Mr Solano; carried 8-0
Item 6.
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 second reading by Mrs Behm; title
read by the Clerk; Ordinance No 999 assigned
Motion by Mrs Behm for the approval of Council Bill 14 (Ordinance
999); seconded by Mr Eafanti; carried 8-0
CITY COUNCIL MINUTES April 24, 1995
Page 7
Item 7.
Council Bill 15 - An ordinance amending Section 7-40 of the
Wheat Ridge Code of Laws concerning write-in candidates and
cancellation of elections in specified cases
Council Bill 15 was introduced on second reading by Mr Solano; title
read by the Clerk; Ordinance No 1000 assigned
Motion by Mr Solano for the approval of Council Bill 15 (Ordinance
1000); seconded by Mrs Dalbec, carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 8.
Bid Award to remodel Court Area
Motion by Mr Siler that the Court's Remodel Project be awarded to Big
"Y" Manufacturing& Construction Company in the amount of their bid of
$3,310 00 and that all costs be charged to the Court Fund, Acct No
33-109-783; seconded by Mrs Dalbec; carried 8-0
Item 9.
Development Agreement between King Soopers, 38th and
Sheridan, Ltd , and City of Wheat Ridge
Mr Middaugh presented the staff report
Motion by Mrs Dalbec to consider this at a Study Session with all the
parties involved, King Soopers, Breakfast Queen, the owners of the
shopping center and anybody else who may be involved; seconded by Mrs
Worth; failed 2-5 with Councilmembers Worth and Dalbec voting yes, Mr
Edwards abstaining Mr Edwards works for King Soopers and does not
feel comfortable voting on this matter
Motion by Mrs Behm that the Mayor and City Clerk be authorized to
sign the Development Agreement as presented between the City of Wheat
Ridge; Dillon Companies (King Soopers); and 38th & Sheridan Ltd
seconded by Mr Solano; carried 5-2 with Mrs Worth and Mrs Dalbec
voting No, Mr Edwards abstaining
Item 10. Amendments to City Council Rules and Procedures
Motion by Mr Edwards that Section 3 as presented by him and Mrs
Worth be approved; seconded by Mrs Worth; carried 8-0
Motion by Mr Edwards that Section 3 1 1 as presented by him and Mrs
Worth be approved; seconded by Mrs Worth, carried 8-0
Motion by Mr Edwards that Section
Worth be approved; seconded by Mrs
and Mr Solano voting no
5 4 as presented by him and Mrs
Worth; carried 6-2 with Mr Siler
CITY COUNCIL MINUTES April 24, 1995
Page 8
Motion by Mr Edwards that Section 8 1 be approved as presented by him
and Mrs Worth, seconded by Mrs Worth, failed 3-5 with Councilmembers
Fields, Eafanti and Edwards voting yes
Motion by Mr Solano to
Rules; seconded by Mrs
and Edwards voting no
approve Section 8 1 as printed in the revised
Worth; carried 6-2 with Councilmembers Siler
Motion by Mrs Dalbec to strike Section 7 2; seconded by Mrs Fields
Mrs Dalbec withdrew her motion
Motion by Mr
the approved
Siler voting
Solano to approve the entire document as printed with
changes; seconded by Mr Edwards; carried 7-1 with Mr
no
Item 11. Appropriation for basement under Police expanslon
Motion by Mr Solano that the Police Department building expansion
include the construction of a basement area of approximately 3,000
square feet in size, and that the added cost of the basement area,
estimated to be $85,000, be paid for by a transfer from the General
Fund balance and that such transfer and appropriation is hereby
authorized and that the budget be amended accordingly; seconded by Mr
Edwards; carried 7-1 with Mrs Dalbec voting no
Item 12. Motion to override the Mayor's veto of Council Bill 7
(Ordinance 996)
City Clerk read a notarized statement from Ernest C Brown, personal
representative of the estate of Ernestine Williams, into the record,
which assures the City of Wheat Ridge that if a vacation of the Quail
Street easement results in the vacated strip becoming the property of
the estate, such vacated easement shall be subjected to the same
maintenance easement for flood control as the balance of the estate
land, at no cost to the City
Motion by Mr Edwards to override the Mayor's veto; seconded by Mrs
Fields
Janelle Shaver requested that the City vacate this land
Motion failed 4-4 with Councilmembers Dalbec, Edwards, Fields, and
Worth voting yes (This need a 6 vote majority to pass)
Motion by Mr Edwards as a member of the prevailing side at the last
City Council Meeting for the street vacation to reconsider that motion
at this time and asked that that be postponed to a date certain at
which it can follow the Ordinance of Mr Dahl's at which we can sort
out the street vacation and easements, seconded by Mr Solano; carried
8-0
CITY COUNCIL MINUTES April 24, 1995
Page 9
Item 13.
CONSENT AGENDA
A Repairs to Municipal Swimming Pool Slide
B Computer purchases for the City (RFB #95-18)
C Fleet replacements for 1995
D 1995 Preventive Street Maintenance Program (RFB #95-03)
E 1995 Concrete Rehabilitation Program (RFB #95-04)
F Reappointments to Boards and Commissions
Mr Solano stated that Item E had been replaced with a new Item
Until Council had a moment to study this he moved to approve Items
ABC D F as printed in the Agenda; seconded by Mr Siler; carried 8-
o
Motion by Mr Solano to approve the new Item E
Edwards; carried 8-0
seconded by Mr
CITY ATTORNEY'S MATTERS
Gerald Dahl gave report on research he had conducted at Councils'
request regarding quasi-judicial matters and answered additional
questions regarding quasi-judicial matters Rezonings are quasi-
judicial, annexations are legislative
ELECTED OFFICIALS MATTERS
Vance Edwards welcomed Teri Dalbec
Claudia Worth advised parents not to supply their children with liquor
during the upcoming prom parties
Don Eafanti reminded everybody of Kite flying day at Paramount Park
Tony Solano asked that people in Wheat Ridge help the people in
Oklahoma City and maybe City Council can do something to help
Teri Dalbec asked that the subject of Ordinance vs Motion be
discussed at a Study Session Consensus was 8 in favor to do this
Motion by Mr Eafanti to adjourn, seconded by Mrs Behm; carried 7 1
with Mr Solano voting no
Meeting adjourne? at 1 30 a m
'._ _ vt ,Lc:........
CI~
COUNCIL ON MAY 8, 1995 BY A VOTE OF
8
TO
o