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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 Page -6- 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 J)- /'-/ L IL.~ ". ...._ ~t ,.rL( Wanda Sang, City ClerK') APPROVEP BY CITY COUNCtL ON DECEMBER 11, 1995 BY A VOTE OF ~ TO ~ \ ! '\ \ ~.....-.--<-. , ( i (,( '''\:.' ", . " r, r "" .., ( Claudi~orth, Council President