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MARCH 20, 1995
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W 29th Avenue, Municipal Building
The City Council Meeting was called to
order by Mayor Wilde at 7 04 P m
Councilmembers present Rae Jean Behm, Don
Eafanti, Vance Edwards, Jean Fields, 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 Public Works, Bob Goebel;
Chief of Police, Jack Hurst; Director of Parks and Recreation,
Gary Wardle; staff and interested citizens
APPROVAL OF MINUTES of February 27, 1995
Motion by Mr Eafanti for approval of the Minutes for February
27, 1995 as corrected; seconded by Mr Solano, carried 7-0
CITIZENS' RIGHTS TO SPEAK
Kathleen Ferguson, representing the Goodwill Industries, spoke
and outlined the services that the Goodwill Industries provides
in their three job training programs assisting the mentally and
physically disabled and disadvantaged to develop skills for
themselves, develop self esteem, and help at risk special needs
high school students stay in school, identify goals and find
employment She encouraged the City to continue to support their
stores, training programs and the new store that will open in May
at 42nd and Wadsworth Boulevard
Helen Hurlburt, 6555 West 34th Avenue, submitted additional
petitions containing 156 signatures requesting the Wheat Ridge
City Council to change the rules and format of the business
meeting and place public comment at the end of the agenda during
regular Council meetings and/or a special time be set aside at
study sessions for public comment She stated by circulating the
petitions it has given her a wonderful opportunity to visit with
friends and neighbors and to learn that they share the same
concerns that there is the lack of civility, respect and distrust
so evident amoung people in the City Also, the petitions do not
infringe on the rights of free speech of anyone
CITY COUNCIL MINUTES
MARCH 20, 1995
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Motion by Mrs Worth to suspend the rules to allow City Council
members to respond and carryon a dialog under Public Comment,
seconded Mr Solano, carried 7-0
E'Rena Hockenberry, 5527 West 34th Avenue, spoke about the time
that is given to citizens to speak under public comment and how
much time is taken away that the City Council should be consider-
ing and acting upon the official business of the City It is
obvious that as it is presently, more tension is being created,
very little staff information is taking place, and the image of
Wheat Ridge is so tarnished that she is almost ashamed to say
that she lives in Wheat Ridge She spoke regarding the petitions
submitted by Mrs Hurlburt and encouraged City Council to
seriously consider changing the rules and format of the meetings
Donald Lancaster, 4076 Everett Street, read into the record his
comments regarding his protest on the municipal election, the way
the citizens are treated by the administration of the City,
hearings on the day care center, City Council voted to hold an
election on the West 38th Avenue Construction, and the recall
election and the order by the District Court of Jefferson County
Bill Peterson, spoke that he has been a consumer advocate for
toys, and if people can laugh and smile he will have accomplished
what he set out to do He displayed a toy dinosaur, toy train,
toys for halloween, put on a wig to cover his bald spot, played
with battery-powered army men who crawled like they were
approaching the enemy, turned a stuffed basketball into a teddy
bear and shot toy guns that lit up when fired He was trying to
prove a point that public comment should be reserved for City
Business
Mrs
city
your
Behm stated she got his point that Public Comment is for
business, not to sell insurance, sell your toys or play with
toys or speak with your grandchildren
Teri Dalbec, spoke to the comments by the previous speaker that
most people do go to toy stores to buy toys, but when they come
to City Council they come with city problems that the City
Council should deal with She read into the record a letter from
Wheat Ridge United Neighbors regarding the suggestions to change
the public comment section of City Council meetings
LOCAL LIQUOR AUTHORITY MATTERS
Item 1.
Application for Request to change the Trade Name from
"Tom Slicks" to "Jonnie's Nite Club"
City Clerk, Wanda Sang, gave the staff report
CITY COUNCIL MINUTES
MARCH 20, 1995
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John V Davis, 6544 So Atchison Way, Englewood, Colorado,
President, of Aspen Marketing, Inc , stated this is not his first
liquor license application, this is his fifth application for a
liquor license He has never had any liquor license problems or
liquor violations and has been an independent business man for 15
years
Mrs Worth questioned Mr Davis about his financial interest In
other businesses that are still operating and he previously
owned
Mr Davis explained he holds several notes receivable, and has
income from previous businesses that he owned and sold that had a
liquor license But he has no direct interest in the finances or
management of the businesses
Motion by Mr Edwards to approve the application for Change of
Trade Name from Tom Slicks, 12100 W 44th Avenue, to Jonnie's
Nite Club; seconded by Mr Solano; carried 7-0
Application to Transfer Ownership from Steve D
Slicks", 12100 W 44th Avenue, Wheat Ridge, to
Inc , dba "Jonnie's Nite Club"
Brown, dba "Tom
Aspen Marketing,
Motion by Mr Edwards to approve the request to Transfer the
Ownership from Steven D Brown, dba "Tom Slicks", 12100 W 44th
Avenue, Wheat Ridge, to Aspen Marketing, Inc , dba "Jonnie's Nite
Club" for the following reasons
1 ) All applications and fees required by statute have been
filed and paid
2 Applicants have been cleared by the Police Department
3 Applicants will be entitled to occupancy of the premises by
virtue of a signed lease agreement
4 The current liquor license does not expire until July 21,
1995; seconded by Mr Solano, carried 7-0
Item 2.
Notice of alleged liquor violation at "Sports Page
Bar", 4111 Kipling Street, Wheat Ridge, Colorado
Motion by Mrs Worth that a Notice of Hearing and Order to Show
Cause by prepared by the City Attorney and executed by the Mayor
and City Clerk and be issued to Four Chefs, Inc , dba "Sports
Page Saloon", 4111 Kipling Street, Wheat Ridge, Colorado, based
on allegation contained in the attached Request for Show Cause
Hearing The hearing is scheduled for April 10, 1995 at 6 00
pm, and that the Police Department prosecute this case,
seconded by Mr Siler
CITY COUNCIL MINUTES
MARCH 20, 1995
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Police Chief, Jack Hurst, was sworn by the Mayor, and explained
the allegation is that the liquor establishment has served minors
and that is the purpose for the Show Cause Hearing
Vote on the motion carried 7-0
Item 3.
ORDINANCES ON FIRST READING
Council Bill 10 - An ordinance providing for the
approval of a Special Use Permit to allow furniture
sales in a Restricted-Commercial Zone District on land
located at 6709-89 West 44th Avenue, City of Wheat
Ridge, County of Jefferson, State of Colorado
(Case No SUP-95-1) (Patty Askew for Bob Glusica)
Council Bill 10 was introduced on first reading by Mr Siler,
title read by the Cerk
Motion by Mr Siler that Council Bill 10 be approved on first
reading, ordered published, public hearing be set for Monday,
April 10, 1995, at 7 00 P m in City Council Chambers, Municipal
Building, and if approved on second reading take effect 15 days
after final publication, seconded by Mrs Behm; carried 7-0
Item 4.
Council Bill 11 - An ordinance repealing Article III of
Chapter 15, Sections 15-40 to 15-48, and enacting
Article III of Chapter 13, Sections 13-41 to 13-50, of
the Code of Laws of the City of Wheat Ridge, Colorado,
thereby adding provisions concerning the towing of
abandoned and other vehicles
Council Bill 11 was introduced on first reading by Mr Solano;
title read by the Clerk
Motion by Mr Solano that Council Bill 11 be approved on first
reading, ordered published, public hearing be set for Monday,
April 10, 1995, at 7 00 P m in City Council Chambers, Municipal
Building, and if approved on second reading take effect 15 days
after final publication; seconded Mr Edwards; carried 7-0
Item 5.
Council Bill 12 - An ordinance amending the Code of
Laws of the City of Wheat Ridge to add the offense of
failure to comply with compulsory insurance
regulations
Council Bill 12 was introduced on first reading by Mr Siler;
title read by the Clerk
CITY COUNCIL MINUTES
MARCH 20, 1995
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Motion by Mr Siler for approval of Council Bill 12 on first
reading, ordered published, public hearing be set for Monday,
April 10, 1995, at 7 00 P m in City Council Chambers, Municipal
Building, and if approved on second reading take effect 15 days
after final publication; seconded by Mr Eafanti, carried 7-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 6.
Appropriation of local match for COPS Fast Grant
program
Mrs Worth introduced Item 6, title read by the Clerk
Motion by Mrs Worth that $36,801 be appropriated from the
General Fund balance for purposes of funding the local share of
the COPS Fast Grant program, and that said funds be distributed
to the appropriate Police Department expenditure accounts
pursuant to the material submitted by Chief Hurst; seconded by
Mr Solano
Council discussed that the Federal Government is basically going
to support the project for the first few years, but beginning of
the fourth year total expenditure or allocation for these two
additional policemen will have to be fully funded by the City
And that comes at a time when this City is going to have a
problem with reserve funds in the City budget The money that is
being discussed is approximately an additional $100,000 00 a year
and at some point the City Council will have to address the
subject of deficit spending and determine if there will be a
request for additional taxes or some increase in revenue to the
City
Chief Hurst clarified how these two additional police positions
will be utilized in the Police Department
Vote on the motion carried 7-0
Item 7.
Speed Board Purchase
Mr Solano introduced Item 7 and read the title
Motion by Mr Solano that the purchase of a Speed Board from
Kustom Signals, Inc be approved for the amount of their quote of
$13,885 00, and that a transfer of $13,885 00 from the Capital
Fund Balance into the Fleet Replacement Fund 57 be authorized and
that payment for the speed board be made from Fund 57, seconded
by Mrs Fields; carried 7-0
CITY COUNCIL MINUTES
MARCH 20, 1995
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Item 8.
Resolution 1466 - authorizing an Intergovernmental
Agreement with the City of Lakewood for the
construction of a new traffic signal at West 32nd
Avenue and Simms Street
Resolution 1466 was introduced by Mrs Behm, title read by the
Clerk
Motion by Mrs Behm that Resolution 1466 be adopted, and that
Wheat Ridge's share of the project, in an amount not to exceed
$25,000, be allocated from Capital Improvements Project Fund
Account #30-304-843, Traffic Signal Maintenance, and that the
funds be encumbered for the length of the project which expressly
allows for the expenditure of funds in 1996 for this project in
accordance with Ordinance No 787, Series of 1989; seconded by
Mr Eafanti; carried 7-0
Item 9.
Award Contract for Demolition Project at 4235 Xenon
Street (RFB #95-14)
Mr Edwards introduced Item 9 and read the title
Mr Eckert, Chief Building Inspector, gave a brief background on
the house and how it has been substantially added to and modified
without benefit of permit or inspections, and the owner has been
unable to obtain engineering certification for the project He
believes that the house is built on a sub-standard foundation and
is classified as a dangerous building as defind by The Abatement
of Dangerous Buildings 1991 Edition, as adopted
Mr Solano stated due to a conflict of interest he will not vote
on Item 9, because he helped prepare some information for one of
the demolition contractors
Motion by Mr Edwards for a delay of Agenda Item 9 for two
regular meetings and that the property owner be notified at the
time the item comes back for consideration; seconded by Mrs
Fields; carried 5-2 with Mrs Behm and Mr Solano voting No
Item 10. Approval of 1995 outside contributions
Mr Fields introduced Item 10, title read by the Clerk
Mr Middaugh presented staff report
Motion by Mrs Fields that the 1995 City Council outside con-
tributions as displayed on the attached spread sheet be approved,
seconded by Mr Solano, carried 7-0
CITY COUNCIL MINUTES
MARCH 20, 1995
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Item 11. Approval of mediation serVlces and expenditures
Mr Siler introduced Item 11, title read by the Clerk
Motion by Mr Siler that the invoice from Cadence Group In the
amount of $3,000 for mediation services rendered to the City be
approved and that $3,000 be appropriated from the General Fund
balance for Account #102-750 (City Council professional
services), and that mediation services for Council meetings on
March 6 and March 22 and a special full day session on April 2,
be approved as discussed at the March study session, and that
$3,000 be appropriated from the General fund balance from Account
#102-750 for said purposes; seconded Mr Eafanti; carried 7-0
Item 12. Approval of 1995 chair purchases
Mrs Behm introduced Item 12, title read by the Clerk
Motion by Mrs Behm that the scheduled purchase of the chairs for
1995 be approved in the amount of $10,080 81 and that all costs
will be charged to the appropriate accounts; seconded Mr Worth
Mr Middaugh and Mr Paul Edwards presented information on the
chair replacement program that was budgeted for 1995
Vote on the Motion carried 7-0
Motion by Mrs Behm that the supplemental chair purchase be
approved in the amount of $5,452 02 and be charged to account
number 01-610-802, and that $5,533 00 be transferred from General
Fund balance to account number 01-610-802; seconded Mrs Worth;
carried 5-2 with Mr Siler and Mr Edwards voting No
Item 13.
CONSENT AGENDA
A Acceptance of Warranty Deed, 3810 Youngfield St
B Purchase Award of mobile filing system for City
Clerk's Office and Court Clerk's Office
C Award Contract for Janitorial Services
(RFB #95-11)
D Resolution 1465 - authorizing a supplemental budget
appropriation to provide payment for the
construction of the Jefferson County Law
Enforcement Shooting Range
Motion by Mr Edwards to approve Item 13 A through D
Mrs Behm; carried 7-0
seconded
CITY COUNCIL MINUTES
MARCH 20, 1995
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CITY ADMINISTRATOR'S MATTERS
Mr Middaugh requested an Executive Session under Section
5 7(b) (1) of the Charter be held after the end of city business
for the purposes of discussing litigation He gave an update on
the computer request for the Probation Department
CITY ATTORNEY'S MATTERS
Mrs Schroeder presented an update on pending litigation
Motion by Mr Solano that after Elected Official Matters, City
Council adjourn to Executive Session under Section 5 7(b) (1) of
the Charter, seconded Mrs Worth; carried 7-0
ELECTED OFFICIALS MATTERS
Mr Edwards stated he discussed the issue regarding the greenbelt
earlier this week with Mr Middaugh, Mr Gidley and Mr Wardle
It was agreed as a consensus that the City would actively pursue
either extending the lease on the greenbelt or work actively to
acquire the property outright It is his understanding that
Coors is willing to consider it
Motion by Mr Edwards that the City Council request and support
the negotiation for the greenbelt either extending the lease or
actively pursue acquisition of the property, seconded by Mrs
Fields; carried 7-0
Mrs Worth requested that on the telephonic hookup when a
councilmember is unable to attend a meeting and the city looses
contact that the city redial the number and reestablish contact
because the councilmember has no way of dialing the city when the
switchboard is closed She read a letter into the record
regarding the planning and use of the Ridge Home property She
requested Mr Middaugh to look into why the City is requiring the
installation of concrete driveways when people build a garage to
their home
Mr Siler stated that during budget sessions when funding for the
Economic Development Coordinator was approved, one of the things
City Council had asked for at that time was that they be given
periodic updates as to what is going on in the citizenry, and
finds it awkward to learn through word of mouth what is actually
going on economically in this city He understood that City
Council would be looking at updates every four to six weeks It
CITY COUNCIL MINUTES
MARCH 20, 1995
PAGE
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is disappointing that we haven't seen Steven Schmitz come before
Council, and requested that be rectified in the near future
Council discussed receiving updates as to what is being
accomplished economically and the need to be informed in a timely
manner
Mr Siler passed out to Council information which is page one of
three pages regarding an Administrative Tax Hearing which
involved Mr Malone's department He expressed concern regarding
paragraph three of the document
Mr Malone stated this involved an audit for a Wheat Ridge
business and that the business asked for an informal
administrative hearing He excused himself as the hearing
officer and Bill Powell was asked to be the hearing officer
Following discussion, Mr Edwards requested that the matter be
discussed at a future Study Session to give Mr Malone adequate
time to evaluate and respond to the facts, instead of springing
it upon him this evening
Mr Solano told about his trip to Washington, DC, and that he
had a good time with his fellow Councilmembers
Motion by Mr Siler to adjourn; seconded by Mr Eafanti; carried
7-0
Meeting adjourned at 9 35 P m
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Wanda Sang, City~gerk
APPROVED BY CITY COUNCIL ON APRIL 10, 1995 BY A VOTE OF~TO~
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