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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