HomeMy WebLinkAbout09/11/1995
CITY COUNCIL MINUTES
SEPTEMBER 11.1995
CITY OF WHEAT RIDGE, COLORADO
7500 W 29th Avenue, Municipal Building
The Regular City Council was called to order by Mayor
Wilde at 7'00 p m Councilmembers present: Rae Jean
Behm, Teri Dalbec, Don Eafanti, Vance Edwards, Jean Fields, Ken Siler, Tony Solano, and
Claudia Worth Also present: City Clerk, Wanda Sang, City Treasurer, Jim Malone, City
Administrator, Robert Middaugh, City Attorney, Gerald Dahl, Parliamentarian, Mary Bahde,
Director of Parks & Recreation, Gary Wardle, Director of Planning, Glen Gidley; Chief of
Police, Jack Hurst; Director of Public Works, Bob Goebel, staff; and interested citizens
APPROVAL OF MINUTES of Special Meeting of August 28,1995
Motion by Mr Eafanti for the approval of the Minutes of August 28, 1995 as corrected,
seconded by Mrs Behm, carried 8-0
CITIZENS' RIGHTS TO SPEAK
John Davis, owner of Jonnie's Nite Club in the Quality Inn, was arrested by Wheat Ridge
Police because of an alleged liquor violation, he was charged with taking liquor from his bar;
he didn't open his bar for one day and the next day he was locked out by the General
Manager and informed that the City of Wheat Ridge had pulled his liquor license, he was
denied access to the bar because he didn't have a liquor license, he asked Council for
advice as to what to do next.
Motion by Mr Edwards that this be placed as an Agenda Item under Liquor Authority
Matters, following Item 1, seconded by Mrs Worth, carried 8-0
Georgia Chinisci, representing Prospect Valley Elementary School, asked for money for
their playground; they are in desperate need to upgrade their playground equipment and
landscaping, in the past playground equipment was funded by the District, that is no longer
the case, they have also approached the City of Lakewood and they have indicated an
interest, provided that Wheat Ridge and the School District also participate, they anticipate a
cost of approximately $50,000 00
CITY COUNCIL MINUTES
September 11, 1995
Page -2-
Motion by Mr Solano to have a discussion regarding Prospect Valley Elementary School
and Martensen Elementary School playground equipment at budget time, seconded by Mr
Edwards, failed 4-4 with Councilmembers Behm, Eafanti, Solano, and Edwards voting yes
Mayor Wilde broke the tie by voting yes Motion carried 5-4
Robert Pitler of Coventry Homes stated that they had had a another neighborhood meeting
and the neighbors had no objection to their plan as presented at the previous Council
Meeting They asked for reconsideration of Council's motion regarding Lot 1
Motion by Mr Solano to hold a rehearing on Lot 1 on September 25, 1995 at 6'30 pm,
seconded by Mrs Dalbec, carried 8-0
Motion by Mrs Worth to add an Agenda Item before the Consent Agenda, which will be a
Resolution requesting sound barriers along 1-70, that will be presented to the Highway
Commissioners on September 20, seconded by Mr Edwards, carried 8-0
LOCAL LIQUOR AUTHORITY MATTERS
Item 1.
Transfer of Ownership for Wheat Ridge Liquor, 5808 West 38th Avenue, Wheat
Ridge
City Clerk, Wanda Sang, presented the staff report.
Thomas Dunn, attorney for applicant, and Janet Johnson, applicant, were sworn in by the
Mayor They asked for approval of the application
Motion by Mr Solano to approve the Transfer of Ownership from Harold G Gracen, dba
Wheat Ridge Liquor, 5808 West 38th Avenue, Wheat Ridge, to JMJ, Inc for the following
reasons 1 All applications have been filed and fees have been paid 2. Applicant is in
possession of the premises by virtue of a lease dated July 31, 1995 3 Applicant has been
cleared by the Police Department; seconded by Mrs Behm, carried 8-0
Item 2.
Jonnie's Nite Club
Chief Hurst and Mr Davis were sworn in by the Mayor
Chief Hurst stated that he had asked the Clerk's Office not to release Mr Davis' license until
Mr Davis appeared before the Liquor Authority and stated that he is in possession of the
premises, that he in fact has a lease and in fact has a premise to operate under this license
Mr Davis has indicated that he was attempting to get out of his lease After he was
contacted by Police, he didn't show up for a day and Police suspected that somebody might
be trying to take over the bar under the guise of a manager
CITY COUNCIL MINUTES
September 11, 1995
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Mr Davis stated he is only here tonight to find out why Police took his license, he has a valid
lease He has never heard of anybody getting a license pulled without a hearing, he has
been locked out of the hotel because he doesn't have a license
Chief Hurst replied that the information received by the Police Department from the owner of
the motel, was that nobody had opened the bar the day after the incident and since Mr
Davis could not be contacted a detective removed the license from the premises The owner
of the motel also indicated that Mr Davis had approached him and had asked to be let out of
his lease Chief Hurst does not like people being let out of a lease without a premise having
a liquor license If Mr Davis has a lease, then Mr Hurst is asking for a show cause hearing
to be set on the violation, if he wants to surrender his license, then he won't ask for a show
cause hearing
Mr Davis was told that in order to get his license back from the City Clerk's Office, he would
need to produce a letter from his landlord stating that he indeed has a valid lease
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 3.
Approval of Prospect Park Expansion Master Plan
Mr Wardle presented the staff report.
Janice Thompson spoke in support of the expansion
Motion by Mrs Worth that the Prospect Park Expansion Master Plan be approved I further
move that $3,200 be added to the THK Contract for the Prospect Park Master Plan to design
the Prospect Lake bank improvements and that all costs be charged to Account No 32-601-
862; seconded by Mr Eafanti, carried 7-1 with Mrs Fields voting no
Item 4.
Resolution 1485 - approving an Intergovernmental Agreement with UDFCD re
improvements on Lena Gulch near 29th & Vivian Street.
Resolution 1485 was introduced by Mrs Behm, title read by the Clerk.
Motion by Mrs Behm that Resolution 1485 be approved and that the Mayor be authorized to
sign the Intergovernmental Agreement with UDFCD I further move that $55,00000 be
transferred from the Capital Fund Balance to Miscellaneous Drainage Projects Account No
30-302-800-833 That $55,00000 be paid to UDFCD from Account No 30-302-800-833 for
the design and construction of the drop structure and related improvements on Lena Gulch
near 29th and Vivian Street. That the budget be amended to reflect the appropriation and
transfer of funds, seconded by Mr Eafanti, carried 8-0
CITY COUNCIL MINUTES
September 11, 1995
Page -4-
Item 5.
Budget Amendment re Weed Enforcement Program
Motion by Mr Solano that the 1995 budget be amended by increasing the budget by
$5,500 00 I further move that said $5,500 00 be transferred from the General Fund - Fund
Balance - to Account #01-123-704 Contractual Services - Code Enforcement Division,
seconded by Mr Edwards Mr Siler asked to add a friendly amendment that the owners of
this piece of property be billed after the fact. Motion-maker did not accept.
Motion carried 8-0
Item 6.
Setting of Ballot Title for Charter Amendment.
City Clerk, Wanda Sang, stated that she had received 84 petitions, containing 876
signatures, that request that a Charter Amendment be put on the November 7, 1995 ballot.
The full text of the proposed Charter Amendment was provided to Council The petitions are
valid and sufficient. The Colorado Municipal Election Code provides that Council must
promptly fix a ballot title for the measure
Motion by Mr Eafanti that the title read as follows
Shall the Charter of the City of Wheat Ridge, Colorado, be amended by the addition of a new
Section 5.20, entitled "Street Width Designation", providing that within one year prior to
construction or reconstruction of a street, the City Council (*)would have the sole authority
and responsibility to hold a public hearing to determine the width of the street; subject to the
right of adjacent property owners to protest the street width, thereby requiring a three-fourths
majority of City Council to approve the street width, and (**)the right of registered electors in
the affected Council District(s) to petition for an election (***)on any proposed street width
designation? seconded by Mrs Dalbec
City Attorney, Gerald Dahl, suggested the the word (*)"would" be replaced with "shall", that
the words (**)"further subject to" be inserted that (***)"in those affected Council
District(s) be added This was accepted by Motion-maker and second
John Jerman is one of the sponsors of this amendment; he wants the ballot proposal to be
concise and favors alternative #2 in the council packet; please keep it as succinct as you
can
Janelle Shaver read a letter from United Neighborhoods which favored alternative #2 This
letter was written prior to having knowledge of alternative #3 She asked that Council not
choose a long ballot title She personally urged that Council go with alternative #3
Motion carried 8-0
CITY COUNCIL MINUTES
September 11, 1995
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Item 7.
Resolution 1487 - A Resolution for sound barriers along Interstate 70 between
Miller and Tabor Streets on the South and approximately Tabor and Simms
Streets on the North side of the Highway
Resolution 1487 was introduced and read in its entirety by Mrs Worth
Motion by Mrs Worth for the adoption of Resolution 1487, seconded by Mr Solano
Janice Thompson, 12290 West 42nd Avenue, asked that the neighborhood that is bounded
by Youngfield to Tabor on the South and East side of 1-70 be included in this sound barrier
proposal She asked that the City government show up at the Highway meeting and lend
support to these requests
Bill Donaldson, 2909 Chase Street, stated that they are putting up sound barriers from 28th
to Colfax along 1-25
Motion carried 8-0
Motion by Mr Edwards to adopt a second resolution for sound barriers from Tabor to 38th
Avenue along the Eastbound lanes of 1-70; seconded by Mr Solano, carried 7-1 with Mr
Siler voting no
Item 8.
(GOM~ElJ\I]lI ~lGi~IJ\I][j)P,\,
A. Resolution 1486 - approving an Intergovernmental Agreement with Jefferson
County Law Enforcement Task Force
B Transfer $10,000 from General Fund to Legal Publications
Motion by Solano for the adoption of the Consent Agenda, seconded by Mr Edwards, carried
8-0
CITY ADMINISTRATOR'S MATTERS
Bob Middaugh referred to his memo regarding the County Wide Transportation Plan
ELECTED OFFICIALS MATTERS
Tony Solano would like to set up some discussion for our Christmas lighting
CITY COUNCIL MINUTES
September 11, 1995
Page -6-
Teri Dalbec asked what happened to the Breakfast Queen situation City Attorney replied
that we should have another immediate possession hearing within 1 month, Judge has held
that there should be more time for the property owner to consider the City's offer
Don Eafanti asked when 38th will open and when will Safe way open? The answer was that
Safeway was looking at opening around Thanksgiving. 38th Avenue project is very near to
completion--it shouldn't be much more than three or four weeks
Ken Siler stated that there will be a City Affairs Meeting this Thursday at 7'00 p m The
primary topic of discussion will be appointments to vacancies on Boards and Commissions.
Claudia Worth encouraged all the citizens to attend the Wheat Ridge United Neighborhoods'
sponsored Candidates Forum on September 28; it will be shown on Cable several times
She requested that if a meeting ran as long as the August 28 meeting the staff reports be
more brief and come after citizens input. First Post Office should be open pretty soon
Asked that impact fees resolution or ordinance be brought in soon Mr Middaugh explained
that our numbers will differ vastly from the County's She would like to see the Greenbelt
Study brought in to Council as soon as possible for formal adoption
Vance Edwards informed the public that there would be a meeting regarding the annexation
on Thursday at Denver West Marriott. He moved that we discuss with both Prospect
Recreation District and Jefferson County Open Space that if the deal for the annexation
should fail, we look at cooperating with Open Space and with Prospect Recreation District to
acquire that property, whether it be for Softball Fields, Soccer Fields, whatever; seconded by
Mrs Worth, carried 6-2 with Mrs Behm and Mr Eafanti voting No
Motion by Mr Edwards to adjourn, seconded by Mr Eafanti, carried 7-1 with Mr Solano
voting No
Meeting adjourned at 10'00 P m
l
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Wanda Sang, City Clerk..~
APPROVED BY CITY COUNCIL ON SEPTEMBER 25,1995 BY A VOTE OF 8 to 0
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Rae Je Behm, Council PreSident