HomeMy WebLinkAbout11/27/1995
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W 29th Avenue, Municipal Building
NOVEMBER 27.1995
The Regular City Council was called to order by Mayor
Wilde at 7'00 p m Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean
Fields, Janelle Shaver, 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; staff; and interested
citizens
APPROVAL OF MINUTES of October 23,1995
October 25, 1995
November 13, 1995
November 20, 1995
Motion by Mr Eafanti for the approval of the Minutes of October 23, 1995, seconded by Mr
Siler; carried 6-0 with Mr DiTullio and Mrs Shaver abstaining because they were not on
Council on October 23, 1995
Motion by Mr Eafanti for the approval of the Minutes of October 25, 1995, seconded by Mr
Solano, carried 6-0 with Mr DiTullio and Mrs Shaver abstaining because they were not on
Council on October 25, 1995
Motion by Mr Eafanti for the approval of the Minutes of November 13, 1995, seconded by
Mr Solano, carried 8-0
Motion by Mr Eafanti for the approval of the Minutes of November 20, 1995, seconded by
Mr Solano, carried 8-0
Mayor Wilde, on behalf of the City of Wheat Ridge and all the elected officials, commended
our young football heroes, who were the Jefferson County League Champions for 11-year-
olds, the runner-up for the Carnation Bowl, and the State Champions for 11-year-olds
CITY COUNCIL MINUTES
November 27, 1995
Page -2-
CITIZENS' RIGHT TO SPEAK
Don Lancaster expressed his thanks for the work and the attitude of the Public Works
department during the West 38th Avenue reconstruction, he is well pleased with the end
results
Geoff Wodell thanked everyone for the fine street on 38th Avenue, he wondered what
happened to the detached sidewalk. Mr Middaugh replied that some of the property owners
along 38th Avenue did not want to negotiate for the sidewalk.
Patrick Williams, Assistant Principal of Sts Peter and Paul School at 3920 Pierce Street, is
concerned about the traffic on Pierce Street between 38th and 41 st Avenues, speed
sometime exceeds 40-45 mph, school is concerned for the safety of their students He
asked that Council reconsider the installation of flashing yellow beacon lights between 38th
and 41 st Avenue on Pierce Street.
Motion by Mr DiTullio to add an Agenda Item to the next Regular Meeting to reconsider the
installation of flashing yellow beacon lights between West 38th and West 41 st Avenues on
Pierce Street; seconded by Mr Solano, carried 8-0 Mrs Worth requested that at the same
time a warrant for yellow beacon lights for Pennington Elementary School, on Independence,
between West 44th Avenue and 1-70 Service Road be brought in
Cheri Jahn thanked all the people who supported her during her election campaign She
invited everyone to come to the Wheat Ridge Parade of Lights, which will take place on
Saturday, December 9 The parade starts at the Wheat Ridge Middle School, goes up Teller
to 29th Avenue and ends at City Hall where the holiday lighting will take place
LOCAL LIQUOR AUTHORITY MATTERS
Item 1.
Public Hearing on application for a new Tavern Liquor License with extended
hours for DBN, Inc , dba "Pink Cadillac Saloon", 12100 West 44th Avenue,
Wheat Ridge
Applicant, Dennis Clifton, and his attorney were sworn in by the Mayor
Chief of Police, Jack Hurst, was sworn in by the Mayor He explained that he initially
recommended denial of this application, but after talking with Mr Clifton, he revised his
opinion and at this time neither recommends approval nor denial He did advise Mr Clifton
to be presented by Counsel and to explain his situation to City Council.
CITY COUNCIL MINUTES
November 27, 1995
Page -3-
Mr Clifton's attorney asked for approval of this application, he indicated that Mr Clifton's
record consisted of misdemeanors in California, he has operated a business in Northglenn
and has had no violations Mr Clifton answered Councils' questions regarding his history
Motion by Mr Solano to approve the application for a new Tavern Liquor License for DBN,
Inc., dba "Pink Cadillac Saloon", 12100 West 44th Avenue, Wheat Ridge, Colorado, for the
following reasons
(I) All applications and fees required by statute have been filed and paid
(2) Notice of hearing and posting of the premises have been accomplished according to
statutory requirements
(3) The applicant is entitled to occupancy of the premises by virtue of a signed lease dated
September 22, 1995
(4) The applicant has been cleared by the Police Department.
(5) Due to the fact that the previous license has been surrendered and is now in possession
of the City Clerk.
(6) The evidence adduced at the Public Hearing on November 27, 1995 established that the
desires of the residents of the neighborhood under consideration are for granting this license,
as evidenced by petitions bearing
~ signatures in favor of issuance
-1L signatures in opposition, and
~ signatures evidencing no opinion
and that issuance of this license is consistent with the needs of the neighborhood under
consideration, seconded by Mr Eafanti, carried 8-0
Item 2.
1-mile radius on application for a new Hotel & Restaurant Liquor License for
The Prime Rib Restaurant and Steakhouse LLC, 10151 West 26th Avenue,
Wheat Ridge (Formerly "Traditions", formerly "Country Broker")
Motion by Mr Solano to waive the survey for The Prime Rib Restaurant and Steakhouse
LLC, dba "The Prime Rib Restaurant and Steakhouse", 1 0151 West 26th Avenue, Wheat
Ridge, Colorado, because the previous liquor license did not expire until September 21,
1995 The needs and desires of the neighborhood have already been established
I further move to hold a public hearing on this application on January 8, 1996, and order the
property be posted and the public hearing date be published in the Jefferson Sentinel,
seconded by Mr Eafanti, carried 8-0
CITY COUNCIL MINUTES
November 27, 1995
Page -4-
Item 3.
1-mile radius on application for a new Hotel & Restaurant Liquor License for
Ristorante Amato, Inc , 5807 West 38th Avenue, Wheat Ridge
(Formerly "Nuova Cugino's", formerly "Cugino's")
Motion by Mr Siler to waive the survey for a Hotel & Restaurant Liquor License with
extended hours for Ristorante Amato, Inc , dba "Ristorante Amato", 5807 West 38th Avenue,
for the following reasons 1 The current Beer and Wine License does not expire until June
20, 1996 2 The needs and desires of the neighborhood will no be affected by the change
from a Beer and Wine license to a Hotel & Restaurant license 3 The posting and
publishing of the public hearing on the application will serve as sufficient notice to the
neighborhood I further move to set the public hearing date for January 8, 1996, order the
property posted and the public hearing published in the Jefferson Sentinel, seconded by Mr
Eafanti, carried 8-0
Item 4.
Notice of Alleged Liquor Violation at "Vern's", 7605 West 44th Avenue, Wheat
Ridge
Chief Hurst explained that undercover police personnel observed an amusement device with
a sign that offered a $25 00 prize for the highest score on the game within a given period of
time. This is a violation of the Colorado Liquor Code Chief Hurst recommended that the
Authority set a policy to send a warning letter to an establishment that had a violation of this
type with the warning that a show cause hearing would follow on a subsequent violation.
Motion by Mrs. Dalbec that Chief Hurst issue a written warning to the licensee that this type
of activity is considered gambling under the Colorado Liquor Code and that Vern's cease and
desist this type of operation and this is a first time warning and any further infractions would
result in a show cause hearing, seconded by Mr Solano, carried 7-1 with Mrs Worth voting
no
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Motion by Mrs Worth to suspend the Rules and let the applicant present his case first;
followed by the staff; seconded by Mr Solano, carried 7-1 with Mr Siler voting no Mr Siler
does not feel it is proper to just waive one of the Rules, there were several rules changes
discussed
CITY COUNCIL MINUTES
November 27, 1995
Page -5-
Item 5.
Application by Daniel R Dearing for approval of an amendment to a Planned
Industrial Development final development plan, for property located at 10501
West 1-70 Frontage Road North
(Case No WZ-95-13)
Case WZ-95-13 was introduced by Mrs. Worth, title read by the Clerk.
Daniel R. Dearing, applicant, was sworn in by the Mayor and presented his case
Glen Gidley was sworn in by the Mayor and presented the staff report.
Motion by Mrs. Worth that Case No WZ-95-13, a request for approval of an amendment to
the Becker Industrial Park final development plan for property located at 10501 West 1-70
Frontage Road North, be approved for the following reasons. 1 All requirements for a final
development plan amendment have been made; 2 There will be no reduction of
landscaping on the property; 3 The curb cut on the frontage road be for emergency access
only 4 No permit be issued until the revised drainage plan has been submitted, seconded
by Mr Solano, carried 8-0
Item 6.
Council Bill 28 - an Ordinance providing for the approval of rezoning from
Planned Industrial Development and Industrial to Planned Industrial
Development District on land located at 4850 Ward Road and for approval of an
outline development plan, City of Wheat Ridge, County of Jefferson, State of
Colorado
(Case No WZ-95-12) (Alan C McLean)
Council Bill 28 was introduced on second reading by Mr Solano, title read by the Clerk;
Ordinance No 1010 assigned
Allan Ojala, representing the applicant, was sworn in by the Mayor; he asked for approval of
the application
Mr Gidley presented the staff report.
Motion by Mr Solano that Case No WZ-95-12, a request for approval of a rezoning from
PID and I to PID, approval of an outline plan and final development plan and plat for property
located at 4850 Ward Road, be approved for the following reasons 1 It will allow
expansion of the existing building to the north. 2 The evaluation criteria support approval of
this request. 3 All requirements of the Zoning Ordinance and Subdivision Regulations have
been met; seconded by Mr Eafanti Mrs Worth asked for a friendly amendment that
landscaping be provided as on the plan Mr Solano and second accepted this Motion
carried 8-0
CITY COUNCIL MINUTES
November 27, 1995
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Item 7.
Council Bill 29 - an Ordinance amending Ordinance 1002, Series of 1995, an
Ordinance vacating a portion of Miller Street between West 41 st Avenue and
West 39th Avenue within the City of Wheat Ridge, County of Jefferson, State of
Colorado
Council Bill 29 was introduced on second reading by Mr Solano, title read by the Clerk;
Ordinance No 1011 assigned
Motion by Mr Solano for approval of Council Bill 29 (Ordinance 1011), seconded by Mr
Siler; carried 8-0
Item 8.
Council Bill 27 - an ordinance amending the Code of Laws concerning
disorderly premises
Council Sill 27 was introduced on second reading by Mr Solano, title read by the Clerk;
Ordinance No 1012 assigned
Mildred Tucker urged Council to vote against C B 27, this ordinance can be interpreted in
different ways by different people, fines could conceivably cause somebody to lose their
home
Motion by Mr Solano for the adoption of Council Bill 27 (Ordinance 1012), seconded by Mr
Siler; failed 2-6 with Mr Siler and Mr Solano voting yes
Motion by Mr Solano to discuss this at a Study Session in January; seconded by Mr
DiTullio, carried 7-1 with Mrs Dalbec voting no
Motion by Mr DiTullio to direct the City Attorney to look at procedures in a way we can
combine current ordinances under one umbrella to make it easier for Code Enforcement to
write a citation, seconded by Mr Solano Mrs Worth asked for a friendly amendment to
have City Affairs Committee study this first before it comes to Study Session This was not
accepted Motion carried 5-3 with Councilmembers Siler, Worth, and Shaver voting no Mr
Siler agrees with Claudia--this should go to City Affairs first.
CITY COUNCIL MINUTES
November 27, 1995
Page -7-
ORDINANCES ON FIRST READING
Item 9.
Council Bill 30 - An Ordinance concerning Pawnbrokers, and in connection
therewith, hours of operation
Council Bill 30 was introduced on first reading by Mr Siler; title read by the Clerk.
Motion by Mr Siler that Council Bill 30 be approved on first reading, ordered published,
public hearing be set for Monday, December 11, 1995 at 7'00 p m in City Council
Chambers, Municipal Building, and if approved on second reading, take effect upon passage,
seconded by Mrs Dalbec Mrs Worth asked that this be corrected to reflect retail sales
only Motion carried 8-0
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 10.
Reappointment of Municipal Judges
Motion by Mrs Worth that Randall Davis and Charles Rose be appointed to a two-year term
as presiding and associate judge respectively; seconded by Mr Solano, carried 8-0
Item 11.
(gg[N]~~[N]lF #\(cj]~~!Q)~"
A. 1995 Year End Budget Expenditures (City Attorney)
B Wheat Ridge Municipal Swimming Pool replaster project (RFB #95-25) bid
award.
C Approve 1995 Audit Engagement Letter
D Approve ESTIP payment for 38th & Sheridan, Ltd
E. Ratify EDARC reappointments
F Refund of excess building use tax.
G Contract Award for Data & Voice cabling for Police Department addition and
remodel (RFP #95-006)
H HVAC maintenance contract for Municipal Building
CITY COUNCIL MINUTES
November 27, 1995
Page -8-
Mrs Dalbec asked to vote on Items B C F G H separately
Motion by Mrs Dalbec to approve A. DE, seconded by Mr Solano, carried 8-0
B Motion by Mrs Dalbec that the Wheat Ridge Municipal Swimming Pool Replaster project
(RFB #95-25) be awarded to High Country Pools, Inc in the amount of their bid of
$88,395 00 That a contingency account in the amount of $4,400 00 be established I
further move that $16,436 00 be transferred from the Conservation Trust Fund Balance to
Account Number 54-601-877 That the Director of Parks & Recreation be authorized to issue
change orders up to the total contract and contingency amount and that the total cost of this
project of $92,795 00 be charged to the Conservation Trust Fund Account Number 54-601-
877 That the funds be encumbered for the length of the project in accordance with
Ordinance #787, 1989 Series, seconded by Mr DiTullio, carried 6-2 with Mrs Fields and
Mrs Worth voting no
C Motion by Mr Solano that Van Schooneveld and Co , Inc , be retained for the 1995 audit
per the conditions in their Engagement Letter; seconded by Mr DiTullio, carried 8-0
F Motion by Mrs. Worth to approve a refund of excess building use tax to Gerald H Phipps,
Inc , in the amount of $33,298 95 I further move to appropriate and transfer $33,298 95
from the General Fund balance to Account 01-610-791, for payment of the refund; seconded
by Mrs Fields
After discussion with Mr Malone, Mrs Worth withdrew her motion and moved
to postpone this refund until we look further into it; seconded by Mr Solano, carried 7-1 with
Mr Eafanti voting no
G Motion by Mr Solano that the Data & Voice Cabling for the Police Department addition
and remodel (RFP #95-006) be awarded to Kent Datacom in the amount of their bid of
$50,438 09 and that all costs be charged to the Building Fund, Fund 60 I further move that
the funds be encumbered for the length of the project which expressly allows the expenditure
of the funds in 1996 for this project in accordance with Ordinance #787, 1989 Series,
seconded by Mr Siler; carried 8-0
H Motion by Mr Siler that the heating, ventilation, and air conditioning maintenance contract
be awarded to Turner Mechanical Services, Inc. in the amount of their bid of $5,100 00 and
that all costs be charged to the Contractual Services Account Number 01-118-704 (1996
funds), seconded by Mr Solano, carried 8-0
CITY COUNCIL MINUTES
November 27, 1995
Page -9-
CITY ADMINISTRATOR'S MATTERS
Mr Middaugh asked if the December 18 meeting could be a combined study session and
also have regular business items Consensus was 8 in favor
Mr Middaugh also asked that if Council had detailed or technical questions regarding an
agenda item, they should call staff prior to the meeting to allow them to come prepared to
answer all Councils' questions.
ELECTED OFFICIALS MATTERS
Janelle Shaver asked if the third meeting every month will be televised Mr Middaugh
stated that at this time he does not think it will be televised Mrs. Shaver asked that citizens
give their input to their Councilmembers if they are interested in seeing this televised She
congratulated Karen Thiessen that the lawsuit against her was dismissed--free speech is
alive and well in Wheat Ridge
Tony Solano stated prior to two years ago, Council only held 2 regular meetings and 1 study
session per month, also, the rules said the meetings ended at 11'00 p m
Claudia Worth won't be here to set the December 4 Study Session agenda, she wants
discussion of Council Policies and review of the budget put on the agenda. She wants the
City to look into adding tiles made by kids for the new building addition Asked Mr Dahl to
look into the old Scoma/Preston vs the City lawsuit, to see if Council can remove Board and
Commission members.
Jean Fields read a Resolution into the record, which lowers the threshold of expenditures by
staff to $800 00 without Council approval.
Motion by Mrs Fields to adopt this Resolution, seconded by Mrs Worth, carried 5-3 with
Councilmembers Solano, Siler, and Eafanti voting no
Mrs. Fields asked for consensus to hold a sit-down dinner for boards and commissions at the
later part of January or early part of February Consensus was 5 in favor
Teri Dalbec asked that formal disposal of Carmel annexation be put on the next agenda,
also asked about possible funding of local art in the new building addition
CITY COUNCIL MINUTES
November 27, 1995
Page -10-
Don Eafanti asked that Council look at the graffiti wall at Wheat Ridge Middle School, it is
very beautiful and was featured in a magazine He feels bad that his volunteering for
Christmas lights and the Carnation festival has led to complaints and unhappiness and
wonders if it is a mistake to ever volunteer for anything again
Wanda Sang asked Councilrnembers to please notify the Clerk if they plan to bring in a
Resolution that is not on the Agenda, so that she can assign a number and keep a proper
record
Motion by Mr Siler to adjourn, seconded by Mr Eafanti, carried 8-0
Meeting adjourned at 11.53 p m
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Wanda Sang, City ClerK')
APPROVEP BY CITY COUNCtL ON DECEMBER 11, 1995 BY A VOTE OF ~ TO ~
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Claudi~orth, Council President