HomeMy WebLinkAbout01/08/1996
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
7500 W 29th Avenue, Municipal Building
Januarv 8. 1996
The Regular City Council was called to order by Mayor
Wilde at 712 pm 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, 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 December 11,1995
December 18, 1995
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Motion by Mr Siler for the approval of the Minutes of December 11, 1995, seconded by Mrs
Fields, carried 8-0
Motion by Mr DiTullio for the approval of the Minutes of December 18, 1995, seconded by
Mr Siler; carried 8-0
PROCLAMATIONS AND CEREMONIES
Mr Craig Goudy from AT&T presented a cellular telephone to Family Tree, which was
accepted by Ann McCrady
Mayor Wilde administered the Oath of Office to Kim Stewart, newly appointed Election
Commissioner
Mayor Wilde read a letter from MADD (Mothers Against Drunk Driving) into the record, which
thanked the City of Wheat Ridge for allowing them to use Council Chambers for their
meetings.
Mayor Wilde stated that next Monday at 9 30 a.m the Computer Room at the Community
Center will be dedicated He thanked all the people who made it possible
CITY COUNCIL MINUTES
January 8, 1996
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Mayor Wilde presented the 1996 MMYCA Metropolitan Mayors and Commissioners Youth
Awards Nominees Amy Lingg, Danielle Kascak, Dana Phillips, Kathryn Poindexter, Lisa
Ray, Kristen Oskarson, Melissa Guzicki, Courtney Wharton, Tira Smith, Daniel
Cosgrove, Ian "Avery" Watlington
Councilmember DiTullio made a statement regarding the December 18 Councilmeeting His
vote was not a vote against the Charter, but a vote against the way the situation was
handled The City Attorney should have been informed of what Council had decided to do
and been given an opportunity to prepare a legal opinion for Council The Council President
should have informed all the Councilmembers of what was going to happen Some of the
Councilmembers had been informed, but not others This is unfair to the citizens in those
Districts where the Councilmembers were not informed. From this day forward Mr DiTullio
will not support any motion that is not the direct result of the scheduled Agenda, unless it is a
bonafide emergency
Councilmember Fields feels it is wrong that not all Councilmembers receive the same
information at the same time Councilmembers from District I were not told that the issue of
sealed votes would be brought up at the last Councilmeeting, therefore they had no
opportunity to discuss it with Mr Dahl, who is their legal Council, she voted for it because it
was in violation of the Charter and she won't vote against the Charter She will no longer
support any motion for which they don't all have sufficient information
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CITIZENS' RIGHT TO SPEAK
Geoff Wodell addressed the December 18 Council Meeting, in which Council rescinded Mr
Eafanti's votes from the December 11 meeting, he is not in favor of sealed votes or
telephone votes, but feels it should have been from the 18th of December forward and not
selectively going back to one meeting, but not all the other meetings for the last 25 years.
Tom Slattery read a letter from the US Postal Service into the record, which was addressed
to Dorothy Thompson, Wheat Ridge United Neighborhoods The letter pertained to the Post
Office investigation into the matter of a political mailing that was never delivered because of
a zip code problem The letter states that Wheat Ridge residents may continue to use the
address of Wheat Ridge, 80212, 80214, 80215
Nancy Snow also spoke regarding the sealed votes left by Mr Eafanti, the Charter is very
plain that Councilmembers must be present to vote
Art Wollenweber announced the Clear Creek Celebration of the Arts coming to Wheat Ridge
on July 27 and 28 This is organized by the Wheat Ridge Historical Society He asked the
City's financial support and required support services
Consensus was 8 in favor to put this on a Study Session
CITY COUNCIL MINUTES
January 8, 1996
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Larry Merkl thanked all the sponsors of the Wheat Ridge Lighting Contest that is put on by
Wheat Ridge Today and Tomorrow every year The winner of the contest this year was
Councilmember Tony Solano He hopes next year even more people will enter the contest.
LOCAL LIQUOR AUTHORITY MATTERS
Item 1.
Discussion of liquor license renewal for Copa Cabana.
Police Chief, Jack Hurst, presented the staff report.
Sara Diaz, owner and manager of Copa Cabana, stated that minors have never been served
in the Copa, there is no way the owners can control people that start a fight. As per Chief
Hurst's suggestion, they will start calling in every disturbance right away
Motion by Mrs Shaver for the renewal of the liquor license for Copa Cabana with the
conditions set for by Chief Hurst and agreed to by Mr and Mrs Diaz; seconded by Mr
Eafanti, carried 6-2 with Mrs Worth and Mr DiTullio voting no
Item 2.
Application for a new Hotel & Restaurant Liquor License with extended hours
for The Prime Rib Restaurant and Steakhouse, 10151 West 26th Avenue,
Wheat Ridge
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City Clerk, Wanda Sang, presented the staff report.
Edward Vanscoy, applicant, was sworn in by the Mayor He asked for approval of the
application
Motion by Mr DiTullio to approve a new Hotel & Restaurant Liquor License for The Prime
Rib Restaurant and Steakhouse LLC, dba "The Prime Rib Restaurant and Steakhouse",
1 0151 West 26th Avenue, Wheat Ridge, Colorado, for the following reasons 1 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 applicants are entitled to occupancy of the premises by virtue of a signed lease dated
November 1, 1995 4 The applicants have been cleared by the Police Department;
seconded by Mr Solano, carried 8-0
CITY COUNCIL MINUTES
January 8, 1996
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Item 3.
Application for a new Hotel & Restaurant Liquor License with extended hours
for Ristorante Amato, 5807 West 38th Avenue, Wheat Ridge
City Clerk, Wanda Sang, presented the staff report.
Alfred John Amato and Jeffrey Alan Amato, applicants, and Mr Zarlengo, attorney for
applicants, were sworn in by the Mayor They asked for approval of the application
Motion by Mr Siler to approve the application for a new Hotel & Restaurant Liquor License
for Ristorante Amato, Inc , dba "Ristorante Amato", 5807 West 38th Avenue, Wheat Ridge,
Colorado, for the following reasons 1 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 November 9, 1995 4 The applicants
have been cleared by the Police Department; seconded by Mr Solano, carried 8-0
Item 4.
Transfer of Ownership from Lim Soon Hee, dba Lakeside Liquors, 5820 West
44th Avenue, Wheat Ridge, to Perry Michael Morrone
City Clerk, Wanda Sang, presented the staff report.
Perry M. Morrone, applicant, was sworn in by the Mayor He asked for approval of the
application
Motion by Mr DiTullio to approve the application to transfer the ownership from Lim Soon
Hee, dba "Lakeside Liquors", 5820 West 44th Avenue, Wheat Ridge, Colorado, to Perry
Michael Morrone, 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 assignment dated
November 20, 1995
3 Applicant has been cleared by the police department;
seconded by Mr Solano, carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
Application by Wheat Ridge Plaza Homeowners Association for approval of an
amendment to PRD/PCD final development plan for a property located at 7760-
7780 West 38th Avenue, Wheat Ridge
(Case No WZ-95-17)
Public Hearing on this Item was declared opened by Mayor Wilde
CITY COUNCIL MINUTES
January 8, 1996
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Mirium Hanna, 7770 West 38th Avenue, was sworn in by the Mayor She asked that
pedestrian access be denied
Glen Gidley, Director of Planning, was sworn in by the Mayor and presented the staff report.
Dave Roberts, Fire Marshal for Wheat Ridge Fire District, was sworn in by the Mayor and
answered questions
John Trujillo, Manager for Wheat Ridge Plaza, was sworn in by the Mayor; he asked for
complete closure for pedestrians as well as cars
Gene Smaldone, Gordon Phifer and Eloise Brannan, were sworn in by the Mayor and
agreed with previous speakers to close off access
Motion by Mr Solano that Case No WZ-95-17, a request for amendment to the Wheat Ridge
Plaza Final Development Plan, be approved with the following conditions
1 The access be closed at both 35th Avenue and at the property line in a manner
acceptable to the Wheat Ridge Fire District.
2 Pedestrian access not be maintained
3 Future alternate access be provided for with the suggested language in Section II of this
report; seconded by Mrs Worth, carried 8-0
ORDINANCES ON FIRST READING
Item 2.
Council Bill 1 - An Ordinance permitting multiple charges upon a single notice to
abate or summons and complaint.
Council Bill 1 was introduced on first reading by Mr DiTullio, title read by the Clerk.
Motion by Mr DiTullio that Council Bill 1 be approved on first reading, ordered published,
public hearing be set for Monday, February 12, 1996 at 7'00 pm in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication, seconded by Mr Solano, carried 5-3 with Councilmembers Dalbec, Worth, and
Shaver voting no
Item 3.
Council Bill 2 - An Ordinance concerning notification of disturbances in licensed
premises
Council Bill 2 was introduced on first reading by Mr Siler; title read by the Mayor
Motion by Mr Siler that Council Bill 2 be approved on first reading, ordered published, public
hearing be set for Monday, February 12, 1996 at 7'00 pm in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication, seconded by Mrs Worth, carried 8-0
CITY COUNCIL MINUTES
January 8, 1996
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Item 4.
Council Bill 3 - An Ordinance providing for the approval of rezoning from
Agricultural-One and Residential-Three to Agricultural-One and Residential-One
on land located at 4430 Tabor Street, City of Wheat Ridge, County of Jefferson,
State of Colorado
(Case No WZ-95-18) (Rodney W Fisher and Diane L. Davison)
Council Bill 3 was introduced on first reading by Mrs Worth, title read by the Mayor
Motion by Mrs Worth that Council Bill 3 be approved on first reading, ordered published,
public hearing be set for Monday, February 12, 1996 at 700 pm in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication, seconded by Mr Solano, carried 8-0
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 5.
Proposed change to Council Rule 6.2
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Motion by Mrs. Worth that Council Rule 6.2 be set up for Notice to the Public. I move that
Council Rule 6.2 be amended to delete absentee voting by ballot as presented by the City
Attorney and that the matter be placed on the next City Council agenda for final action I
further move that the following sentences in Council Rule 6.2 be deleted. "A Councilmember
who was present for an actual Public Hearing, may vote by a sealed absentee vote left with
the City Clerk or Mayor; however, such absentee voting shall be allowed only if no further or
additional information is received from the City staff, applicants to the case, or the public
Discussion of the case by Councilmembers shall not prevent such absentee voting A
Council member who is not physically present in the Council Chambers may vote on an
agenda item if, through electronic means, if they can hear the public proceedings concerning
that item, and be heard in the Council Chambers In the event of an emergency or
unavoidable physical absence, the City shall pay for the electronic means to effectuate the
participation of the physically absent Councilmember; seconded by Mrs Dalbec; carried 8-0
Item 6.
Liquor Licensing Authority policy regarding gambling devices
Motion by Mr Siler for approval of the recommended policy for gambling activities within
licensed premises, seconded by Mr Solano, carried 8-0
Item 7.
Fax Machines for use in Councilmembers' homes.
Motion by Mrs Fields that the Fax Machines be awarded to Office Depot, inc for the amount
of $5,00000 and that all costs be charged to Acct. No 01-610-802, seconded by Mr Eafanti
CITY COUNCIL MINUTES
January 8, 1996
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Motion by Mrs Worth to suspend the Rules and go past 11 00 P m and finish the Agenda,
seconded by Mrs. Fields, carried 6-2 with Mr Siler and Mr Solano voting no
Motion on Item 7 carried 6-2 with Mr Siler and Mr Solano voting no
Motion by Mrs Dalbec to discuss uses of fax machines during a study session, if we receive
the machines prior to the Study Session, they only be used to receive information from City
Hall or send information to City Hall, seconded by Mrs Worth, carried 6-2 with Mr Siler and
Mr Solano voting no
Item 8.
Parks & Recreation Fee Policy
Mr Wardle presented the staff report and answered questions
Motion by Mrs Shaver to continue this item for action until the February 5 Study Session,
seconded by Mr Solano, carried 8-0
Item 9.
Approval of Expenditure Items
Motion by Mrs. Worth to add approval of an expenditure item, the bill for the Board and
Commissions dinner at the Arvada Center in the amount of $3,439 08, seconded by Mr
Solano, carried 8-0
Motion by Mrs Worth to approve the bills, seconded by Mr Solano, carried 8-0
Item 10.
(g@~~lfIhr ~@~1f!][Q)8b
A. Purchase of Sign Machine for Traffic Division
B Resolution 1513 - designating the official location for posting notice of public
meetings of the City of Wheat Ridge
C Lease of Vehicles for Special Investigations Unit (RFB #96-02)
D Membership contribution payments.
Motion by Mr Solano to approve the Consent Agenda, seconded by Mr DiTullio, carried 8-0
CITY COUNCIL MINUTES
January 8, 1996
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CITY ADMINISTRATOR'S MATTERS
Bob Middaugh inquired if Council wanted to hold a retreat to discuss direction, goals, etc
Consensus was to hold an all day retreat on February 3, 1996 at the Richards Hart Estate
ELECTED OFFICIALS MATTERS
Wanda Sang asked Council direction as to what to do with the Council audio tapes
Motion by Mr Solano to write a management agreement for the Historical Society to store
the tapes for the City; seconded by Mr DiTullio, carried 8-0
Tony Solano asked about citizens being charged for use tax who have 10 units or less, he
also wants to discuss to give some type of raise to Bob Middaugh and wants this back on
the Council Agenda for the next meeting.
Janelle Shaver objected to some of the press articles and citizens comments and explained
why she voted the way she did on various matters She feels this Council will work great
together
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Jerry DiTullio asked about receiving information on downzoning in District I He reported
graffiti on 43rd & Sheridan in District II
Motion by Mr Siler to adjourn, seconded by Mrs. Dalbec, carried 8-0
Meeting adjourned at 11 53 P m.
~ I _
Wanda Sang, City Clerk
APPROVED BY CITY COUNCIL ON JANUARY 22, 1996 BY A VOTE OF ..L TO L
i" , (\
Claudia Worth, Council President
should hold their comments on items that
Matters or authorize her to put Elected
meeting
1/22/96 Mrs Worth asked that her comments
from January 8 be added
Claudia Worth reminded Council that we
do have Elected Officials Matters and Council
are not on the Agenda until Elected Officials
Officials Matters at the beginning of the