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
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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
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