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Home My WebLink About12/13/1993 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO December 13, 1993 The city council Meeting was calle~ to order by Mayor hilde at 7 30 p m Councilmembers present Rae Jean Behm, Don Eafanti, Vance Edwards, Jean Fields, Dennis Hall, Ken Siler, Tony Solano, and Claudia Worth Also present city clerk, Wanda Sang, city Administrator, Robert Middaugh, city Attorney, Kathryn Schroeder, City Treasurer, Jim Malone, Director of Planning, Glen Gidley, chief of Police, Jack Hurst, Director of Parks, Gary Wardle, Director of Public Works, Bob Goebel, staff, and interested citizens PROCLAMATIONS AND CEREMONIES Mayor Wilde asked council Presi~ent, Dennis Hall to read the proclamations because he ha~ laryngitis Dennis Hall read and presented Certificate of Recognition to Wheat Ri~ge High School Marching Band, certificate of Recognition to Wheat Ridge Foxes Soccer Team Mr Mi~daugh introduced Sherry Fuller an~ Deidra Patefield, the City's new volunteer coordinators Mr Middaugh distributed an ad~itional Agenda Item and asked that it be added to the consent Agenda Motion by Mr Hall to add this Item to the Agenda, seconded by Mrs Behm, carried 8-0 APPROVAL OF MINUTES for November 22,1993 and November 29,1993 Motion by Mr Eafanti for the approval of the Minutes of November 22, 1993, seconded by Mrs Worth, carried 8-0 Motion by Mr Eafanti for the approval of the Minutes of November 29, 1':393, seconded by Mrs Fields, carried 8-0 LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application for a new Class T - Tavern Liquor License for 38 Special, Inc , dba "38 Special, Inc" 7777 W 38th Avenue, Wheat Ridge, colorado City clerk, Wan~a Sang, presented the staff report and informed council that she had been handed a revised application tonight, that showed that the former owner no longer had any financial interest in the establish- ment CITY COUNCIL MINUTES December 13, 1993 Page -2- Motion by Mr Edwards to deny t~is application for the following reasons 1 The evidence adduced at the Public Hearing of December 13, 1993 indicates that t~e desires of the residents of the neighborhood under consideration is for denial of this license, as evidenced by petitions bearing 43 signatures opposed to granting, 42 signatures in favor of granting, and 15 signatures wit~ no opinion 2 The reasonable requirements of t~e neighborhood within a one-half-mile radius of the proposed site are adequately served by virtue of 3 outlets possessing a similar license existing in or near said neighborhood, seconded bv Mrs Worth Robert Dill, attorney for the applicant, and Harold Kimble, applicant, were sworn in by the Mayor Mr Kimble explained that the former owner no longer carried a note on this establishment, he also stated that the name had been changed to reflect the name of a Country Western Group He is planning on running a sports-oriented dance club, wants to serve barbecue-type food John Bartlett, Regional Vice President for ConAm, owner of Wilmore Shopping Center, was sworn in by the Mayor, stated he was aware of problems with the previous owner, his company had cooperated with the Wheat Ridge Police to solve those problems, he is interested in leasing the establishment to a quality business, area needs this business Max Scott, Oedipus, Inc , professional surveyors, was sworn in by the Mayor, his company had conducted a survey of this area on a last minute basis, he distributed survey results and explained how t~e survey had been conducted Chuck Redig, 7080 W 38th Avenue, was sworn in by the Mayor, he has no objection to a liquor license at this location Kristi Fischer, 3747 Yukon Court, was sworn in by the Mayor, she opposed to granting this license, t~ey had so many problems with Peaches and don't want another tavern to go in there There was of noise from the music and the traffic is Club a lot Tracy Fischer, 3747 Yukon court, was sworn in by t~e Mayor, he is opposed to having a tavern at this location, based on his past experience with Club Peaches, they would be awakened at 2 00 a m loud music, traffic, couldn't park in his own parking lot because Club's patron's parked there There are plenty of restaurants in area by the this Greg Moberg, City Surveyor, was sworn in by the Mayor, he explained the area he had surveyed and the responses he had gotten Motion carried 5-3 with Councilmembers Hall, Siler, and Behm voting No CITY COUNCIL MINUTES December 13, 1993 Page -3- Item 2 Application for Transfer of Ownership for "Jocks Sport Saloon", 10051 1-70 Frontage Road North, Wheat Ridge, Colorado City Clerk, Wanda Sang, gave the staff report Dagmar Lauvrey, 1625 Larimer, #2603, applicant, was sworn in by the Mayor, she informed Council that the establishment has been cleaned up inside and out, they are serving home-made german, italian, and mexican food, asked for approval of the license Paul Lane, 1020 15th Street, Suite 31L, was sworn in by the Mayor, he is working with Ms Lauvrey in a consulting/managing role, helping with marketing and employee training Emphasis is being placed on the food part of the business, the word "Restaurant" is being added to Sports Saloon Motion by Mr Solano to approve the Transfer of Ownership from Arcana Group, L td , dba "Jocks Sport Saloon", 1 0051 1-70 Frontage Road North, Wheat Ridge, Colorado, to Dagmar Ltd , for the following reasons 1 All applications and fees required by statute have been filed and paid, 2 The applicants will be entitled to occupancy of the premises by virtue of a signed lease assignment dated November 1, 1993, 3 The applicants have been cleared by the Police Department, seconded by Mr Edwards, carried 7-1 with Mrs Fields voting no Item 3 Application for Transfer of Ownership for "Wheat Ridge Liquor", 5808 W 38th Avenue, Wheat Ridge, Colorado Harold Gene Gracen, 1220 Lee Street, Lakewood, applicant, was sworn in by the Mayor and asked for approval of the transfer of ownership Motion by Mr Edwards to approve the Transfer of Ownership of a Retail Liquor Store License from George Fuller, dba "Wheat Ridge Liquor", 5808 W 38th Avenue, Wheat Ridge, Colorado, to Harold Gene Gracen, for the following reasons 1 All applications and fees required by statute have been filed and paid, 2 Mr Gracen is in possession of the premises by virtue of a signed lease dated November 9, 1993, 3 Mr Gracen has been cleared by the Police Department, seconded by Mr Solano, carried 8-0 Item 4 Application for Change of Corporate Officers for Four Chefs, Inc , dba "House of Lords", 4111 Kipling Street, Wheat Ridge, Colorado Norma Kastler, 2595 Nelson Street, Lakewood, applicant, was sworn in by the Mayor and answered Council's questions Motion by Mrs Behm to approve the Change of r:orporate Officers for Four Chefs, Inc , dba "House of Lords", 4111 Kipling Street, Wheat Ridge, Colorado The new officers will be President, Norma Kastler, 2595 Nelson Street, Lakewood, Secretary/Treasurer, Don Martens, 1890 S Winona Court, Denver, seconded by Mr Eafanti, carried 8-0 CITY COUNCIL MINUTES December 13, 1993 Page -4- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 5 Council Bill 30 - An Ordinancp ampnding the Zoning Ordinance of thp r:ode of Laws of the City of Wheat Ridge relating to Pawn Shops and Special Uses rouncil Bill 30 was introduced on second reading bv Mr Edwards, title rpad by the Clerk, Oriinance No 945 assigned Mr Middaugh presented the staff report Jack Hurst, Police Chief for the City of Wheat Ridge, was sworn in by the Mayor, he presented data to City Council that s~owed the time ani cost related to Pawn Shop administrative matters Mr Gidley explained the suggested amendments to the Ordinance Motion by Mr Edwards that Council Bill 30 (Ordinance No 945) be approved on second reading and ordered published and take effect upon approval by City Council with the following amendments In Section 1 (B) property right which transfers wit~ the land or lease THE ONLY TIME THAT A SPECIAL USE PERMIT MAY BE TRANSFERRED TO A NEW OWNER WITHOUT HE-APPLYING FOR APPROVAL IS THROUGH INHERITANCE BY AN HEIR On page 5 Section (7) be added BY WAY Or NOT HAVING RECEIVED APPROVAL OF A SPECIAL USE PERMIT UNDER PRIOR RULES AND PROr:EDURES Adding Section 4 and 5 "Small Day Care Center, Day Care Center" Seconded by Mr Solano Lee Orlandi, 5345 W 38th Avenue, Wheat Ridge, was sworn in by t~e Mayor and spoke against Pawn Shops in Shopping Centers Motion carried 6-2 with Councilmembers Eafanti and Siler voting no Item 6 Council Bill 31 - An Ordinance repealing and reenacting Section 19-23 of the Code of Laws of the r:ity of What Ridge relating to original appointment and probationary period of :ivil Service Employees Council Bill 31 was introduced on second reading by Mr Eafanti, title read by the Clerk, Ordinance No 946 assigned Motion by Mr Eafanti that Council Bill 31 (Ordinance No 946) be approved on second reading, ordered published, and take effect 15 days after final publication, seconded by Mrs Wort~, carried 8-0 I t em 7 Council Bill 34 - An Ordinance amending the rode of Laws of the City of Wheat Ridge relating to Business Development Zones Council Bill 34 was introduced on second reading by Mr Edwards, title read by the Clerk, Ordinance No 947 assigned CITY COUNCIL MINUTES December 13, 1993 Page -5- Motion by Mr Edwards that Council Bill 34 (Ordinance No 947) be approved on second reading, ordered published, and take effect upon final passage with the amendment that all Sections that refer to two-thirds majority be changed to three-fourths, seconded by Mr Solano, carried 8-0 ORDINANCES ON FIRST READING Item 8 Council Bill 35 - An Ordinance providing for the approval of a Special Use Permit to allow a Wholesale Greenhouse in an Agricultural-One Zone District on property located at 5120 Parfet Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-93-6) (Clyde and Shirley LoSasso) Council Bill 35 was introduced by Mrs Worth on first reading, title read by the Clerk Motion by Mrs Worth that Council Bill 35 be approved on first reading, ordered published, public hearing be set for Monday, January 24, 1994 at 7 00 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication, seconded by Mr Eafanti, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 9 Resolution 1374 - establishing a Business Development Zone in the vicinity of Sheridan Blvd and West 38th Avenue Approval of Business Development Zone Agreement with Ridge Village Shopping Center Resolution 1374 was introduced bv Mr Edwards, title read by the Clerk Mr Middaugh and Mr Gidley presented the staff report Motion by Mr Edwards that Resolution 1374, establishing a Business Development Zone in the vicinity of Sheridan Blvd on W 38th Avenue be approved With the amendment that at this time it would pertain only to the section of the Ridge Village Shopping r:enter, the residential lot to the north-east corner of king Soopers, and the Breakfast Queen, and that we would begin a proceeding to do a Business Development Zone along 38t~ Avenue all encompassing as a separate item, seconded by Mrs Worth, failed 4-4 with Councilmembers Worth, Edwards, Eafanti, and Fields voting yes Mr Hall is voting no, because Mr Gidley's plan, as presented, is a good plan and we should go with it Mayor Wilde broke the tie by voting no Motion failed 5-4 Motion by Mr Edwards that Resolution 1374 be approved, seconded by Mr Solano, carried 8-0 CITY COUNCIL MINUTES December 13,1993 Page -6- Motion by Mr Edwards that the Business Development Zone agreement between the 38th and Sheridan Limited Partnership and the City of Wheat Ridge be approved and that the Mayor and rity Clerk be authorized to sign on behalf of the City with all the amendments and changes suggested by Mr Middaugh and the City Attorney and agreed to by City Council during this discussion, seconded by Mrs Behm Mrs Worth asked for an amendment that Section 1 in Exhibit D be deleted Amendment failed for lack of a second Jeff Bail~ and Bob Perry, co-owners of the Shopping Center, were sworn in by the Mayor and answered questions Motion carried 8-0 Motion by Mr Edwards that the Business Development Zone agreement between the City of Wheat Ridge and 38th and Sheridan Limited Partner- ships, be amended to include interest expense on eligible project improvements up to $70,000, seconded by Mr Siler, carried 8-0 Motion by Mr Edwards that the Agreement be amended to include a provision which states that the agreement, and its terms and conditions, with the exception of interest on eligible improvements be transferable upon the approval of the City Council, which approval shall not be unreasonably withhel1, seconded by Mr Siler, carried 8-0 Motion by t'lr Eafanti to suspend the Rules an,1 go past 11 00 p m and finish the Agenda in its entirety, seconded by Mr Solano, carried 8-0 Item 10 Approval for letter regarding future improvements at 38th & Sheridan Mr Middaugh handed out a new draft of this letter and explained the City intends to make improvements at the corner of 38th and Sheridan Motion by Mrs Worth that the City Administrator be authorized to send the recommended Letter of Intent for intersection improvements at W 38th Avenue and Sheridan Blvd to any interested parties, seconded by Mr Solano Mr Edwards made a friendly amendment to make sure it was clear it was the new draft of the letter that was being approved He also objected to the term "The City is prepared to utilize its Power of Eminent Domain if necessary to expedite project completion" and suggested to use the words "the City has the option to "instead Mrs Worth accepted this as a friendly amendment Mr Solano did not accept this as friendly amendment and asked that it be voted on separately Motion by Mr Edwards for his amendment as stated, seconded by Mrs Fields, failed 4-4 with Councilmembers Worth, Edwards, Eafanti and Fields voting yes Mayor Wilde broke the tie by voting no Motion failed 5-4 Original Motion carried 8-0 CITY COUNCIL MINUTES December 13, 1993 Page -7- Item 11 Agreement regarding Special Improvement District Expenses for property at Tabor Street/West I-70 Frontage Road (Robert Vermillion) Mr Middaugh gave the staff report Motion by Mrs Worth that the agreement between the City of Wheat Ridge and Robert Vermillion, Recreational Storage and Land Syndicate, be approved and that the Mayor ani rity Clerk be authorized to sign the agreement on behalf of the City, seconded by Mrs Dehm Mr Solano declared a possible conflict of interest, because he was involved in trving to acquire this property about two years ago, he no longer has any involvoment and is no longer interested in acquiring this property Council declare] that there was no conflict of interest Lester Dixon, was sworn in by the Mayor, requested approval of this agreement and answered questions Motion carried 6-2 with Mrs wort~ and Mr Solano voting no Item 12 Resolution 137b - authorizing submittal of a request to Jefferson County Open Space for additional funding of a Trails 2000 Grant to construct a restroom at t~e Young field Trail Hpad, 41st and Youngfield and to authorize the Mayor to sign the request for payment for the design and construction of the restroom facility at the Young field Trailhead, 41st & Young field Young field Trailhead Restroom Project Bid Award Resolution 1376 was introduced by Mr Siler, title read by the Clerk Mr Wardle presented the staff report an] answered questions Motion by Mr Siler that the Young field Trailhead Restroom Project, (RFB #93-28), be awarded to Starker and fompany in thp amount of their bid of $96,524 00 That a 5% contingency/force account in the amount of $4,826 00 be establishej That the Director of Parks & Recreation be authorized to issue change orders up to the total contract and contingency amount and that the total costs of this project of $101,350 00 be c~arged to Acct No 32-601-862 That the funds be encumbered for the length of the Project which expressly allows the expenditure of funds in 1994 for this Project in accordance with Ordinance #7~7, 19~9 3eries I further move for the adoption of Resolution 1376, seconded by Mr Solano, carried 5-3 with Councilmembers Worth, Edwards, and Fields voting no Mr Edwards is voting no because, although this is needed, he is concerned that this is at least 30% over cost, other options should be explored that will cost less Mrs worth agrees with Mr Edwards, this is an exorbitant cost, perhaps it could be re-bid CITY COUNCIL MINUTES December 13, 1993 Page -8- Item 13 Resolution 1375 - authorizing submittal of a request for payment to Jefferson County Open Space for the construction of 44th & rlear Creek Trail Improvements Johnson Park Pond and 44th & Clear Creek Trail Improvement Bid Award Resolution 1375 was introduced by Mr Siler, title read by the Clerk Mr Middaugh and Mr Wardle gave the staff report and answered questions Motion by Mr Siler that the Johnson Park Pond & 44th and Clear Creek Trail Improvement Project, (RFB #93-27), be awarded to New Design Construction Company in the amount of their bid of $197,151 22 That a contingency/force account in the amount of $11,486 00 be established That the Director of Parks & Recreation be authorized to issue change orders up to the total contract and contingency amount and that project costs of $35,812 72 be charged to Acct No 54-601-862 and that project costs of $172,824 50 be charged to Acct No 32-601-8b2 That the funds be encumbered for the length of the Project which expressly allows the expenditure of funds in 1994 for this Project in accordance with Ordinance #787, 1989 Series I further move for the adoption of Resolution No 1375, seconded by Mr Solano, carried 7-1 with Mrs worth voting no Item 14 Drainage Problem at 4Sth and Teller Motion by Mr Solano that Wycon Construction's not exceed quotation in the amount of $14,400 00 for work related to the 48th and Teller Sewer Outfall Project be accepted That up to 200 ft of 24 inch N18 Polyethylene Pipe and Joint rouplors be purchased from Advanced Drainage Systems in accordance with their quote for an estimated cost of $2,200 00 That $3,400 00 be allocated for landscaping materials, additional aggregate fill material and unforeseen contingencies That the Director of Public Works be authorizej to issue change orders up to the total project cost of $20,000 00 and that costs associated with the Project be charged to Capital Improvements Fund Account 30-302-833 That the funds be encumbered for the length of the Project, which expressly allows tho expenditure of funds in 1994 for this Project in accordance with Ordinance #787, Series of 1989, seconded by Mr Edwards, carried 8-0 Item 15 Purchase of Traffic Signal Equipment Motion by Mrs Fields that material for Signal Upgrades and Emergency Stock be purchased from the respective lowest quote for the material and that all costs associated with the material purchase ($27,614 00) be allocated from Capital Improvements Fund Acct No 30-304-843 I further move that the funds be encumbered for the length of the Project, which expressly allows the expenditure of funds for this Project in accordance with Ordinance No 787, Series of 1989, seconded by Mr Edwards, carried 8-0 CITY COUNCIL MINUTES December 13, 1993 Page -9- Item 16 Bid Award for 1993 Miscellaneous Drainage Projects Motion by Mr Edwards that the 1993 Miscellaneous Drainage Program, (RFB #93-36), be awarded to Citywide Enterprises, Inc in the amount of their bid of $67,483 50 That a 10% contingency/force account in the amount of $6,748 00 be established That a maximum amount of 2% of the bid amount, $1,350 00, be allocated for payment of any early completion of the project That the Director of Public Works be authorized to issue change orders up to the total contract and contingency amount and that the total costs of this project of $75,581 50 be charged to Acct No 30-302-833 That the funds be encumbered for the length of the Project, which expressly allows the expenditure of funds in 1994 for this Project in accordance with Ordinance #7~7, 1989 Series, seconded by Mr Eafanti, carried 8-0 Item 17 Resolution 1377 - creating Reserves under Art X, Section 20 of the Colorado ronstitution for the 1993 Fiscal Year Resolution 1377 was introduced by Mrs Worth, title read by the Clerk Motion by Mrs Worth for the adoption of Resolution 1377, seconded by Mrs Behm, carried 8-0 Item 18 CONSENT AGENDA A. Resolutions 1378, 1379, 1380 - adjusting/amending 1993 budget B. Resolution 1381 - Open Space Reimbursement for property acquisition at 41st and Kipling C Resolution 1382 - Prospect Lake Bank Improvetnents _ Request for Reimbursement D Resolution 1383 - Open Space Reimbursement for Parking Lot Construction at Wheat Ridge Park E Resolution 1384 - Reimbursement for Park Maintenance Expenses from Jefferson t,ounty Open Space F Bid Award for Panorama and Randall Park Restroom Renovation G Board and Commission Appreciation Dinner Expenses H Removal of Underground Storage Tank I Street Maintenance Materials for 1994 J Purchase of Microfilm Reader/Printer CITY COUNCIL MINUTES December 13, 1993 Page -10- Mr Middaugh explained that the added Item was Item K Resolution 1385 - amending the budget, increasing the funding for Compensated Absences Motion by Mr. Hall to adopt the Consent Agenda as presented, seconded by Mr Solano, carried 8-0 ELECTED OFFICIALS' MATTERS Vance Edwards asked for a motion about the evaluation and discussion of a Business Development Zone with the affected businesses along W 38th Avenue from Sheridan to east of Allison, seconded by Mrs Worth, carried 8-0 Ken Siler stated that he voted no on Item 5 because it included Day Care Centers Motion by Mr Solano to adjourn, seconied by Mr Edwards, carried 7-1 with Mrs Worth voting no Meeting adjourned at 12 30 a m ~ "-0f 4,,,, L? '-", Wanda Sang, C1ty Clerk APPROVED BY rITY COUNCIL ON JANUARY 10, 1994 BY A VOTE OF ~ TU 0 ~ \'i~~_ Dennis Hall, Council President