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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 Page -3- 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 Page -5- 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 .J/;.c",,/vln. ./......, I- Wanda Sang, City Clerk..~ APPROVED BY CITY COUNCIL ON SEPTEMBER 25,1995 BY A VOTE OF 8 to 0 - - 0;?il~ ~ Rae Je Behm, Council PreSident