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HomeMy WebLinkAbout05/19/1997 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building May 19. 1997 The Local Liquor Authority Meeting was called to order by Mayor Wilde at 6'00 p.m. Council members present: Teri Dalbec, Jerry DiTullio Don Eafanti, Jean FIelds, Janelle Shaver Ken Siler and ClaudIa Worth. Tony Solano arrived at 6 10 p.m. Also present: City Clerk, Wanda Sang; CIty Manager Robert Middaugh, CIty Attorney, Gerald Dahl, staff; and interested citizens. LOCAL LIOUOR LICENSING AUTHORITY MATTERS Item 1. Change of location for Jet Liquors, 4403 Wadsworth Blvd. to 4550 Wadsworth Blvd., #F, Wheat Ridge, Colorado .... Applicant, KeIth Blanchard, was present and sworn In by the Mayor Property Owner Vern V ohsaca, was present and sworn In by the Mayor Mr V ohsaca stated that there will be a ne\\- applicatIOn for a lIquor store at the current location- 4403 Wadsworth Blvd. Motion by Mr Slier to approve the application for Change ofLocatJon from Keith Blanchard, dba "Jet Liquors from 4403 Wadsworth Blvd., to 4550 Wadsworth Blvd., #F, 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 March 5, 1997 4 The needs and desires of the residents of the neighborhood have not been affected SInce thIS constitutes a move of approximately one block. 5 There was no one to speak agaInst this change of location, seconded by Mr DiTullio, carried 7-0 Mr Solano abstained. WHEAT RIDGE CITY JNCIL MINUTES MAY 19, 1 7 page -2- Item 2. An applIcatIOn to transfer the ownership from Doug S & J Inc., d.b.a. "Wilmore Liquors" 7777 West 38th Avenue, Wheat RIdge, Colorado to VIV Inc d.b.a. "Wilmore LIquors" ApplIcants, VladImIr Ioffe and VladImir Ishu, were present and sworn In by the Mayor MotIon by Mr Siler to approve the Transfer of Ownership from Doug S & J Inc d.b.a. "Wilmore LIquors", 7777 West 38th Avenue, Wheat Ridge, Colorado, to VIV Inc d.b.a. 'Wilmore Liquors for the following reasons 1 All applications and fees reqUired by statute have been filed and paid. 2. The applicants will be entItled to occupancy of the premIses by virtue of a signed lease dated March 17 1997 3 The applicants have been cleared by the PolIce Department; seconded by Mrs. Dalbec, carrIed 8-0 Item 3. Public HearIng for the renewal of the Vern's Restaurant and Lounge liquor license. Mayor Wilde opened the Hearing and asked ifthere were representatives from Vern's Restaurant and Lounge present at the meeting. - Tom Little, owner, was present and was sworn in by the Mayor Mr Little stated that Vern's is complYIng with City Law by notifYIng the police department when problems anse. Mrs. Worth expressed the LIquor Authority concerns regarding IntoXIcated customers being served liquor Mr Solano inqUired about the vanous bartender calls on the disturbances and street newspaper vendors ordering liquor at Vern s. Mr Little stated that these Issues have been corrected. Motion by Mr Siler that the liquor license for Vern's Restaurant and Lounge be renewed, seconded by Mr DiTullIo carried 8-0 Item 4. Liquor license renewal hearing and hearing for alleged lIquor code violation for Happy Liquors at 4141 KIpling Street. Mr DiTullio opened the Hearing and Mr Dahl made opening comments. WHEAT RIDGE CITY TNCIL MINUTES MAY 19, 1 page -3- Dan Carr, Attorney for the lIcensee, was present and sworn In by the Mayor Mr Carr stated that Tien Van Nguyen asked that he speak for hIm and shares that same posItion that the Authority does about sellIng lIquor to underage customers Mr Carr proposed a fine in lieu of suspenSIOn. Motion by Mr DiTullIo that the lIquor license for Happy LIquors be renewed and that the license holder be officially warned that contInued activIty whIch may Jeopardize the public health, safety and welfare, may constitute cause for future actIOn of the authority to suspend, revoke, or deny renewal of a lIcense; seconded by Mr Solano, carried 8-0 MotIon by Mr DiTullio that in consideration ofthe eVidence presented to the authority a violatIOn as alleged by the Police Dept. has occurred by the licensee, Happy LIquors, In that a sale of alcohol to a person under 2 I years of age dId occur; seconded by Mr Solano, carrIed 8-0 MotIon by Mr DiTullio that when Nguyen Tien Van as the licensee of Happy Liquors serve the folloWIng penalty for a vIOlatIon of the liquor code as follows Three day suspension WIth a fine In lieu of suspension and a fine no less than $500 00 (fine as specified in SectIon 12-47-110) and all servers attend a trainIng class on June 8, 1997 seconded by Mr Solano, carrIed 8-0 Mr Carr wIll provide the appropriate accounting Information withIn 10 days. LIquor AuthOrIty MeetIng adjourned. WHEAT RIDGE CITY JNCIL MINUTES MAY 19,] 7 page -4- The Regular CIty Council Meeting was called to order by Mayor Wilde at 7 55 p.m. CouncIl members 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 Attorney, Gerald Dahl, City Manager, Robert Middaugh, Director of PublIc Works, Bob Goebel, CIty Treasurer, Jim Malone, Chief of Police, Jack Hurst; staff; and interested citIzens. CITIZENS' RIGHTS TO SPEAK John Eckhart, City Employee, was present upon the request by CouncIl to gIve up dated Information on the Housing Program. Barbara McGinnis, representing Martenson students, have put together a Yearbook and dedicated it to the CIty of Wheat RIdge and Jefferson County Schools for their support on helpIng them WIth the playground. Motion by Mrs Dalbec to add an Agenda Item 7 A., as being a reconsIderatIOn of the Boards and CommissIOn Resolution that would be amended after it is reconsidered, seconded by Mr DiTullio, carrIed 6-2 with Mr SIler and Mr Eafanti voting no - MotIon by Mrs Dalbec to add an Agenda Item 7 B for appoIntments to Boards & CommissIOns, seconded by Mr Solano, carried 7-1 with Mr EafantI voting no DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Directional Signs for CItIes on Freeways and Expressways Item 5 was Introduced by Mrs FIelds, title and summary read by the Clerk. Council has suggested that they put City of Wheat Ridge instead of using only the logo on the signs so that people can read them better Motion by Mrs Fields that the request for the approval of $4,670 85 be transferred from the General Fund, Fund Balance into account number 01-304-600-660 and that all costs associated with thIS project be charged to account number 01-304-600-660, seconded by Mr Eafanti, carried 7-1 with Mr Di fullIO voting no WHEAT RIDGE CITY JNCIL MINUTES MAY 19, 1 page -5- Item 6. Appomtment to Parks and RecreatIOn CommIssIOn. Item 6 was Introduced by Mr EafantI MotIon by Mr Eafanti for the appointment of George Langdon, to the Park and Recreation CommissIOn for DIstrict III for term ending March 2, 1999, seconded by Mr SIler Motion by Mrs Shaver to amend the motIon by strIking the name that was gIven and substituting It with Odarka FIglus, to the Park and Recreation CommIssion for Distnct III, seconded by Mrs Dalbec; carried 5-3 with Mr Siler, Mr Eafanti and Mr Solano voting no Item 7. Ratification of appointment to Richards-Hart Estate Item 7 was introduced by Mrs. Worth. Motion by Mrs. Worth to ratify the appointment of Tom HIldebrand, 5220 W 28th Avenue, to represent DistrIct I, on the RIchards-Hart Estate Advisory CommIttee, term ending 3/2/00 seconded by Mr DiTullio, carried 8-0 - Item 7.A. ReconSIderatIon of Resolution 1578 Item 7.A. was introduced by Mrs. Dalbec MotIon by Mrs. Dalbec for a reconsideration of the motion recendIng ResolutIOn 1578, seconded by Mrs. Worth, carrIed 6-2 WIth Mr Siler and Mr Solano votmg no Motion by Mrs Dalbec to continue the reconsIderation to June 9 1997, seconded by Mrs Worth, carrIed 5-3 with Mr Siler, Mr Solano and Mr Eafanti votIng no Item 7.B. AppOIntment to Board and CommIssion. Item 7.B was introduced by Mrs. Dalbec Motion by Mrs. Dalbec to appoInt MOnIca Gregerson, representing District IV, to the AnImal Control Commission, seconded by Mrs. Worth, carried 8-0 Motion by Mrs. Dalbec to appoint Beverly Pilger representIng Distnct IV, to the Park and Recreation Commission, seconded by Mrs Worth, carrIed 8-0 WHEAT RIDGE CITY JNCIL MINUTES MAY 19, ] 7 page -6- Mohon by Mr Siler to appoInt MarjOrIe Platter, representIng DIstrIct II, to the ComprehensIve Plan CommIssion, seconded by Mr Solano, carried 8-0 Item 8. CONSENT AGENDA. A. ResolutIon 1599 - proVIding for acceptance of grant funds from the Colorado Consortium for Community PohcIng and authorizing a supplemental budget appropriation. B Telephone System Equipment for the MUnIcipal BuildIng. C Approval of separation agreement. D Bid Award for RFB #97-19 Paper Shredder E. ResolutIon 1600 - authOrIZIng an Intergovernmental Agreement with the City of Lake wood, Colorado for the purpose ofa Pavement Overlay ProJect on Union Street from West 32nd A venue to MountaIn Shadows DrIve Mrs. Worth Introduced the Consent Agenda and read the tItles. - MotIOn by Mrs. Worth to approve the Consent Agenda, seconded by Mr Siler; carrIed 8-0 Item 9. Approval of Expenditure Items. Item 9 was introduced by Mrs Worth. Motion by Mrs. Worth that the attached purchase(s) be approved III the amounts Indicated and that all costs be charged to the account shown on the purchase order report; seconded by Mr Solano, carried 8-0 CITY MANAGER'S MATTERS Motion by Mr Solano that Vivian Street be III place of Ward Court; seconded by Mr EafantL carried 8-0 WHEAT RIDGE CITY 'NCIL MINUTES MAY 19, 1 page -7- CITY ATTORNEY'S MATTERS Item 10. UtIlIty agreements. MotIon by Mrs Worth to approve thIS agreement that is made and entered Into thIS 19th day of May, 1997, by and between the Valley Water DIStrIct, a quasI-munIcipal, corporation (the "DIstrict") whose address is 12101 West 52nd Avenue, Wheat RIdge, Colorado 80034, and The Clt} of Wheat Ridge (the "City") whose address is 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, seconded by Mr Solano, carrIed 8-0 MotIon by Mrs. Worth to approve this agreement that is made and entered mto thIS 19th day of May, 1997 by and between the Fruitdale Sanitation District, a quasI-munIcipal corporation (the "DistrIct") whose address IS 11460 West 44th Avenue, Wheat RIdge, Colorado 80033 and The City of Wheat Ridge (the 'City") whose address is 7500 West 29th Avenue, Wheat Ridge, Colorado 80033 seconded by Mr Solano, carried 8-0 MotIon by Mrs Worth that the CIty Clerk assign the recending ResolutIOn #1578 to be Resolution # 160 1, seconded by Mr DiTullIo, carrIed 7-1 WIth Mr Siler voting no ELECTED OFFICIALS MATTERS Mr Siler informed Council that he will not be attendIng the June 9 1997 CIty CouncIl Meeting, he will be in Charlotte, North Carolina for the National RegIOnal Council Governments national meeting. He also asked the Council President to put on the Study SeSSIOn Agenda of July 21 1997 for a diSCUSSIOn of separate liquor authority Mrs. Worth mentIOned that while walkIng in the Greenbelt she noticed that people had several bags full of greenery and asked If the Animal Control could check it out. Mrs. Fields mentioned that the D.A.V three day MemOrIal Weekend Event has been postponed whIch will be announced at a later tIme. An update on the bricks that have been sold for the Veterans Memorial totaling 249 sold of the regular bricks and one corporate brIck, total deposits $15,005 80 with disbursements of $2,069 92 with an ending balance of$12,935 88 The dedIcation of the Veterans MemOrIal will be held on May 30, 1997 at 6'00 p.m. on the south east lawn of Hayward Park on City Hall grounds at 7500 W 29th Avenue Please call Wanda Sang at 235-2823 to let us know if you re planning to stay for refreshments. WHEAT RIDGE CITY "JNCIL MINUTES MAY 19, 1 7 page -8- Mr Eafanti reiterated how Important It is that there is a good crowd there for the dedicatIOn on May 30th because it going to be a really llIce ceremony Mr Solano asked Mr Middaugh Ifhe has any informatIOn on the clean up of the strip between 44th to 48th & Harlan Street. Mr Solano would also like to put on the Agenda for the next Council meeting a modification In the Council Rules & Procedures on the time of adJournment and the duration of time allowed for people to speak to be elImInated. Mrs. Dalbec would like to add an Agenda item to the Study SessIOn of June 2nd, for a qUick recap of the trIp to North CarolIna for City Democracy She also reminded Council and the people In the commullIty that the meetIng for the RecreatIOn Center IS tomorrow evenIng at 7'00 p.m. at the Community Center on Market Street. Motion by Mr Solano to adJourn, seconded bv Mr Eafanti, carried 8-0 Meeting adjourned at 9'00 p.m. .... 1Pp~oved by CIty Council on!une 9 I I I I I I 1997 by a vote of--1- to --L