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HomeMy WebLinkAbout04/11/1994 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO April 11, 1994 The City Council Meeting was called to order by Mayor ~ilde at 7 00 p m Councilmembers present Rae Jean Behm, Don Eafanti, Vance Edwards, Jean Fields, Dennis Hall, hen 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 APPROVAL OF MINUTES of March 28, 1994 Motion by Mr Eafanti for the approval of the Minutes of March 28, 1994, seconded by Mrs Fields, carried 8-0 CITIZENS' RIGHTS TO SPEAK The following speakers were sworn in by Mayor Wilde Dianna Fisher, 9450 W 38th Avenue, is opposed to tomorrow night's meeting, this is a deai issue, leave 38th Avenue as it was approved Ron Selstad, 2890 Lamar Street, is opposed to re-addressing 38th Avenue Doug Gallaghe~, 40b5 Cody Street, couldn't attend Thursday night's meeting, so he is here tonight to make his comments Is opposed to 44 ft width on 38th Avenue Arie Verrips, 15 Hillside Drive, asked for a new Ordinance that incorporates new state law into Wheat Ridge petition process He asked that the City Attorney provide specific instructions as to what is required from petitioners Vicki Fightmaster, 3915 Garrison Street, asked to leave 38th Avenue as previously decided Janelle Shaver, 8890 W 35th Avenue, asked that 38th Avenue not be put on the ballot Dorothy Thompso~, 3014 Chase Street, read letter from Wheat Ridge United Neighborhoods and aivised everybody of the meeting tomorrow night at 7 00 p m Ron Patera, 4125 Pierce Street, complained about holding the 38th Avenue iiscussion on a night different than their regular meeting night CITY COUNCIL MINUTES A.pril 11, 1994 Pag~ -2- LOCAL LIQUOR LICENSING AUTHORITY MATTERS hem 1_ Modification of Premises for "Hej Lobster", 4455 Wadsworth Blvd , Wheat Rijge Robert Ingalsbe, 3871 Jennifer Circle, Evergreen, General Hanager for Red Lobster, was present to answer questions Motion by Mr Edwards to approve the modification of premises for General Mills, Inc , dba "Red Lobster", 4455 Wadsworth Blvd, Wheat Ridge, Colorado, and authorize the Mayor and City Clerk to sign the application, seconjed by Mrs Fields, carriej 8-0 Item 2 Transfer of Ownership for "Vern's", 7605 W 44th Avenue, Wheat Ridge Applicants, Kathleen Little, 9543 W 69th Place, Arvada, and Thomas Little, 7512 Garland Street, were sworn in by the Mayor and answered Council's questions Jack Hurst, Wheat explained that Mr 1989 Ridge Chief of Police, was sworn in by the Mayor, he Thomas ha,d some previous arrests, but nothing since Vern Vohaska, 1779 DeFrarue Street, current owner of Vern's, was sworn in by the Mayor He recommended Thomas Little, has known him for 25 years He is planning on tutoring Mr Little thoroughly Vance Vogt, 6257 Fenton Street, was sworn in by the Mavor, spoke in favor of this transaction and in favor of Mr Little, he has known him for over 20 years in both a personal and professional basis Bill Roach, 4130 Lam~r Street, was sworn in by the Mayor, he has known Tom Little for 15 years and recommends hinJ as owner of Vern's Charley Heard, 33 Marcus Lane, Castle Rock, was sworn in by the Mayor, has known Tom Little for 7 years, has worked with him at US West during that time Mr Little is well respected at work and held in high esteem Tom Haney, 846U Yarrow Street, was sworn in by the Mayor, he has worked for Denver Police Department for over 20 years, he has known Tom Little for over 5 years and supports his application Motion by Mrs Worth to approve the Transfer of Ownership from West Forty Forth, Inc , dba "Vern's", 7605 W 44th Avenue, Wheat Ridge, to T~ Partners, Inc , for the following reasons 1 A.lI 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 dated March 18, 1994, seconded by Mr Solano iITY COUNCIL MINUTES April 11, 1994 Page -3- Mr Edwards will vote no because he is concerned about Mr Little's arrest record, especially the DUI's ~otion carried 6-2 with Mr Eiwards and Mrs Fields voting no Iterr0__ Li4uor Renewal Application for "Horseshoe Bar & Grill", 4400 Ward Road, Wheat Hidge, rolorado Maurice Fox, attorney for t~e applicant, and John Thorpe, applicant, were prese~t and sworn in by the Mayor They asked for approval of this renewal rhief hurst statej that the Police Department only asks that management cooperate with the Police Department and not serve intoxicated persons Chet Brojeski, 13159 W b2nd Drive, Arvada, was sworn in by the Hayor, he has been a patron of the Horseshoe for 3 years and uses their parking lot as a car-pool place He has never seen a fight, an argument, or seen a bartender take a drink Mr Thorpe has done wonders with the place since he took over Wendy Rowe, 2b~ B Street, Golden, was sworn in by the Mayor, she has been a part-time employee of the Horseshoe since 1991 She was instructed not to come to work intoxicated and not to drink while on duty One bartender was let go because of having a drink while on duty Lyle Stilwell, 4323 Ulysses Way, Golden, was sworn in by the Mayor, he is a frequent patron of the Horseshoe, has seen one altercation in the parking lot, bar is conducted in an orderly manner, feels at ease there Mr Thorpe operates the establishment in a professional manner Motion by Mrs horth to approve the Renewal Application for Horseshoe Bar & Grill, 4400 Wari Roai, Wheat Ridge, Colorado, and authorize the Mayor and the rity Clerk to sign the application and forward it to the State She also asked that the owner meet with the Chief of Police to see if they can work out some of the problems the bar has had and listen to any recommendations the Police might have, seconded by Mrs Behm, carried b-~ with Councilmembers Edwards and Fields voting no Item 4 "Jocks" Liquor Violation Hearing (continued from March 28, 1994) John Stonebreaker, 455 Sherman Street, Denver, attorney for Dagmar Lauvrey, was sworn in by the Mayor, he asked that this hearing be continued in order to allow him to submit the stipulations in writing After a 10 Minute recess, Mayor Wilde stated that there was still discussion going on about Jocks and the meeting would proceed on to Public Hearings until this was straightened out A.pril 11, 1994 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING CITY COUNCIL MINUTES Page -4- Item 6. Application by Medved Chevrolet for approval of a Planned Building Group P13n for development within a rommercial-One (C-l) zoned property located at 11201 west I-70 Service Road North, Wheat Hidge (Case No PBG-93-1) (Continued from March 28, 1994) Motion by hr seconded by t"ir Hall that Case No PBG-94-1 Solano, carried 8-0 be continuAd to i'lay 9,1994, Motion by Mr Edwards to hear Item 12 now before Item 7 because there are people signed up to speak, seconded by Mr Solano, carried 8-0 Item 12 Motion to reconsider Council Bill 43 - An Ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado, to modify the Party responsible for Administration and Enforcement of the Sales Tax Program Motion to approve Council Bill 53 - amending Council Bill 43 by adding Sections 2 and 3 Motion by Mr Solano to reconsider Council Bill 43, Sections 2 and 3 , seconded by Mrs Behm, failed 4-4 with Councilmembers Solano, Hall, Siler, and Behm voting ves Mayor Wilde broke the tie by voting yes Motion carried 5-4 Motion Motion carried 5-4 Motion by Mr Solano that portions of the previous Council Bill No 43 regarding the administration of the Sales Tax be reconsidered by City Council That ~ouncil Bill 53, which embodies portions of prAvious Council Bill 43, having to do with the administration of sales tax and having been given 1st reading on February 14, 1994, be approved, seconded by Mrs Behm The following speakers were sworn in by the Mayor Doris Smith, 10305 W 34th Avenue, she quoted the Sections of thA City Charter that addresses the duties and responsibilities of the rity Treasurer and how to changA the Charter Tony FIasco, 4440 Reed Street, read a lAtter from Genie Merkle into the record, which also addressed the Charter provisions for the Treasurer He also read a letter from Helen Howard that addressed the same section of the Charter Mr FIasco then stated that nobody had ever tried to change the duties of the Treasurer Ron Selstad, 2890 Lamar Street, found many flaws with Council Bill 53 CITY COUNCIL MINUTES April 11, 1994 Page -5- Arie Verrips, 15 Hillside Drive, rtskej for the passrtge of C B 53 DoroJ::..b.L Thompso!,!, 3Ul't Chas~ Street, spoke against C B 53 Robert Middaug~, 75UO W 29th Avenue, stated that in the City Attorney's opinion there would be no violation of the rharter if this Council Bill would be passed It would simply strengthen and clarify the sales tax aiministration Jim Malone, 75UO W 29th Avenue, asked that the sales tax aiministration be left as it is He knows of no City in the State of Colorado where the City Administrator or Manager has the vested responsibility of administering the ordinance There is an ordinance that states that the City Treasurer of the City of Wheat Ridge is the Finance Director Mrs Worth stated the City Treasurer as designated by the Charter is responsible for all the dollars that are generated in the City If there is to be a change it will have to be taken to the citizens to vote to change the Charter Mr Edwards state; that he will be voting against the change He served on the Charter Review Task Force as an appointed person about three years ago When the Charter Review Task force reviewed the entire Charter there was a very clear message from that citizen body that they did not want the Treasurer and l'ity Clerk to be positions that were anything near being appointed They liked the accountability of the elected officials in those positions Mr Siler stated this has been a very complex situation for him Three weeks ago he was convinced that we should leave things as they are Since then he has talked with several Finance Officers in other cities These were not elected positions and they basically controlled the entire finance division to include audits under their own super- vision He is going back to his original position that this should stay under Mr Malone The finances b~long under the Treasurer Department and there must be a way that the City Administrator and the Treasurer can work out their own budgetary situations Motion failed by a vote of 3-5, with Mr Solano, Mr Hall and Mrs Behm voting Yes Item 4 "Jocks Liquor Violation Hearing' - Continuation of Public Hearing Kathryn Schroeder, City Attorney, stated th~ situation is that Mr Stonebraker's clients have agreed that they will not operate these premises anymore pursuant to this licens~ They don't officially want to surrender the license because it's in the interest of the new licensee, if a transfer is approved by this Board, not to have to surrender the license and not have the potential transferees start a whole new application process A new application would take 30 to 45 days to be completed CITY COUNCIL MINUTES April 11, 1994 Page -6- Mr Stonebraker explained that his client would like to do, if approved by the City Council, is to turn our licenses over to the City Clerk effective 2 00 o'clock a m this coming Saturday The five day grace period being to the orderly liquidation of the business asset ani also giving my clients emplovees notice of what is occurring T~e covenant not to operate would be effective at that time The reason for that method of proceeding is to then allow the licenses to be available for transfer in the event it is approved by Council to any other entity that would lawfully be entitled to it at that point We offer that agreement in settlement to all of the allegations ani violations that are outstanding City Clerk Wanda Sang, informed the Authority that a Transfer of Ownership to the Stehle's has been filed for quite some time She felt the surrender would not be the same as a revocation (the City Attorney concurred) There would still be a valid license until the December expiration date Mr Alex Sweebaum, Attorney, representing the proposed transferee, RyTy Futures, Inc and the Stehle's was sworn in by the Mayor, he explained that he was told Just 3 few minutes ago that there was an agreement reached whereby Dagmar, Lt1 would surrender its license We would like to get that license so that we coul1 operate that bar tomorrow morning We are trying to find a way of getting the license to my client so that we can operate Mrs San~ clarified the liquor licensing process and explaine,d that even if the licensee surrenders the license tonight, and if the rouncil approves the transfer tonight, it doesn't mean that the new licensee could start business in the morning The transfer has to be approved by the State Liquor Licensing Division and have a State license issued and then a Citv license has to be issued Motion by Mr Edwards to proceed with this liquor violation hearing, seconded by Mr Solano Conrad Kindsfather, 5b13 Old Wadsworth, was sworn in by the Mayor, he is the attorney for Mrs Luvray for the transfer He explained that she has lost a consiierable amount of money with this license She is willing to turn over the license sooner than the five days .discussed Sue Mannin~, 400 Carr Street, Lakewood, was sworn in by the Mayor, she is the mother of Frank Cotton, who died outside that bar, he was an alcoholic and was very intoxicated on the night he died, his behavior was obnoxious and inappropriate and he paid for it with his life After looking into the Police Records and conversations with the Wheat Ridge Police, she feels that terrible things went on in that bar and the owner is accountable, whether or not she was there CITy COUNCIL MI~UTES April 11, 1994 Page -7- Motion carried 5-3 with rouncilmembers Hall, Siler, and Behm voting no Dagmar Luvray, 1625 Larimer Street, was sworn in by the flJayor, she surrendered her license Item 5 Transfpr of Ownership for "Jocks Sport Saloon", 10051 I-70 Frontage Road, North, Wheat Ridge Claire Stehle, 14040 W 58th Avenue, Arvada, 8nd Tracy Hill, 56th Drive, Arvad8, applicants, were sworn in by the Mayor present was their attorney, Mr Sweebaum, who asked that t~e surrendered license be transferred to them 11815 W Also just Motion by Mr Siler to approve the Transfer of Ownership from Dagmar, Ltd , dba "Jocks Sport Saloon", 10051 1-7U Frontage Road North, Wheat Ridge, Colorado, to RyTy Futures, 1nc , for the following reasons 1 All applications and fees required by statute have been filed and paid, 2 The applicants will be entitled to ocupancy of the premises by virtue of a signed lease assigment dated January 1, 1994, 3 T~e applicants have been cleared by the Police Department, secondej by Mr Hall, carried 7-1 with Mr Solano voting no I tern 7 Council Bill 47 - An Ordinance amending the Sign Code of the Code of Laws of the Citv of Wheat Ridge relating to Temporary Signs Council Bill 47 was introduced by Mr Edwards, title read by the Clerk, Ordinance No 9bO assignej Mr Edwards stated that he had a problem with loopholes in Sections (5) and (6) where it reads "nonresidentially-used" and "nonresidential" and that these be change to read "nonresidentially-used or zoned" and "nonresidential or zoned" Motion by Mr Edwards that rouncil Bill 47 (Urdinance 960) be approved on second reading as amended, seconded by Mr Solano, carried 8-0 ORDINANCES ON FIRST READING Item 8 Council Bill 50 - An Ordinance amending Chapter 9, Health, of the Code of Laws of the City of Wheat Ridge by adding thereto an Article IV Regulation of the use of certain wood burning appliances during high pollution days, and providing a penalty for violation thereof Council Bill 5U was introduced by Mrs Behm on first reading, title read by the Clerk Motion by Mrs Behm that Council Bill 50 be approved on first reading, or d ere d p 11 b 1 ish ed, pub I i c he a r i n g be set for M 0 n d a v, ~1 a y 9, 1 9 9 4 , 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 Solano, carried 8-0 CITY COUNCIL MINUTES April 11, 1994 Pagp -b- ItenJ 9 Council Bill 51 - An Ordinance vacating a portion of field Street extended between Field and Flower Streets at approximately 3401 Field Street, within the City of Wheat Hidge, County of Jefferson, State of Colorado ~ouncil Bill 51 was introduced by Mr Edwards on first reading, title read by the Clerk Motion bv Mr Edwards that Council Bill 51 be approved on first reading, ordered published, pUblic hearing be set for Monday, Mav 9, 1994, at 7 00 p m in City Council :hambers, Municipal Bldg , and if approved on second reading, take effect one day after fin~l publication, seconded by Mr Solano, carried 0-0 Item 10 rouncil Bill 52 - An Ordinance amending Section 5-76 of the Code of Laws of the City of Wheat Ridge, pertaining to solid fuel burning fireplaces Council Bill 52 was introduced by Mrs Fields on first reading, title read by the Clerk Motion by Mrs Fields that rouncil Bill 52 be approved on first reading, ordered published, public hearing be set for Monday, May 9, 1~94, at 7 00 p m in City Council rhambers, Municipal Bldg , and if approved on second reading, take effect 1~ days after final publication, seconded by Mrs Behm, carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 11 Bid Award to remodel First Floor of the Municipal Building Mr Middaugh explained the areas that are recommended and deemed important to remodel for creating additional offices and organiz- ing the work areas for greater effiCiency, and that the public contact functions are centralized and more accessible for the convenience of the public Motion bv Mrs Worth that the recommendation to award the remodeling contract to Hughes-Groesch (GRESCH) Construction as the lowest responsible responsive bidder for their bid in the amount of Twenty Eight Thousand Eighty Two Dollars and Forty Eight Cents ($28,082 48), and that a 5% contingency/force account in the amount of One Thousand Four Hundred Four Dollars ($1,404 00) be established, and that the Purchasing Agent be authorized to issue change orders up to the total contract and contingency amount and that the total cost of this project of Twenty Nine Thousand Four Hundred Eighty Six Dollars and Forty Cents ($29,486 48) be charged to account number 30-610-811, and that the funds be encumbered for the length of the Project which expressly allows the expenditure of funds in 1995 for this Project in accordance with Ordinance #787, 1989 Series, seconded by Mr Solano Motion carried 8-0 CITY CUUNCIL MINUT~S I\.pril 11, 1994 Page -9- Item l3 CONSENT AGENDA A Bid Award for Computer Equipment for Police Department B Fleet Replacements for 1994 r Purchase of Laser Speed Detection System D Payment of extern31 audit services bill Motion by Mr Edwards f0r approval of items A thru D of the Consent Agend3, seconded by Mr Solano, carried 8-0 ELECTED OFFICIALS' MATTERS Wanda S~ Session to as far as, giving the requested if Council would, as soon as possible, have study and incorporate State law into the City Code of t~e election process and what the new law has done as citizens direction in how they need to do petitions 3 S t l.l d y Laws, to Claudia worth expressed concern abol.lt interfering in the workings of Boards and Commissions The Council appoints Boards and Commissions so they don't have to address everything that goes on in the City She would like to give all Boards and Commissions as much freedom to get input from all citizens no matter what their profession is Tony Solan~ thanked the Council for scheduling a Special Meeting April 12 and ~e is looking forward to it Vance Edwards commented on the Mayor's letter of I\.pril 6 to the Animal Control Commission Motion to adjourn by Mr Edwards, seconded by Mr Eafanti, carried 8-0 Meeting adjourne1 at II 20 p m i I . \ 'Rj J illj a -sa~g--:-C' i t )~~r~--'-'---------"-- APPROVED BY rlT~ COUNCIL ON APRIL 25, 1994 BY A VOTED OF TO Mrs Worth asked for an addition to the Minutes that 5 people spoke against having the special meeting on West 38th Avenue De nn-rs--1JaIr:-- C o""j"ln-aT--P-r-esi-;:ien-C--'~-