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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 - 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 Page -2- 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 - 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 Page -3- 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 - 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 Page -4- 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 Page -5- 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 Page -6- 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 - 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 Page -7- 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 Page -8- 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 - 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