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HomeMy WebLinkAbout03/20/1995 1 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 PAGE 2 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 PAGE 3 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 PAGE 4 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 PAGE 5 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 PAGE 6 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 PAGE 7 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 PAGE 8 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 9 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 / ; / - )) ;[J'[./L(<.. ~)~ Wanda Sang, City~gerk APPROVED BY CITY COUNCIL ON APRIL 10, 1995 BY A VOTE OF~TO~ I I. 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