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Home My WebLink About06/01/1998 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building June l, 1998 The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m Councilmembers present Teri Dalbec, Jerry DiTullio, Lloyd Donnelly, Don Eafanti, Ralph Mancinelli, Janelle Shaver, Ken Siler, and Claudia Worth Also present City Clerk, Wanda Sang; City Manager, Robert Middaugh; City Attorney, Gerald Dahl; Director of Public Works, Bob Goebel; Director of Parks and Recreation, Gary Wardle; City Treasurer, Ron Patera; Director of Planning, Alan White; staff, and interested citizens APPROVAL OF MINUTES of May 11, 1998 and May 18, 1998 Motion by Mr Eafanti for the approval of the Minutes of May 11, 1998; seconded by Mr Donnelly, carried 8-0 Motion by Mr Eafanti for the approval of the Mlnutes of May 18, 1998 (Liquor Authority); seconded by Mr Donnelly; carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Council Bill 18 - An Ordinance repealing and reenacting sections of the Wheat Ridge Code of Laws regarding trees and the maintenance of trees within the city Item 1. Item 1 was introduced on second reading by Mr Siler, title and summary read by the Clerk Motion by Mrs seconded by Mr Worth to continue the Ordinance until June 8, 1998, Siler; carried 7-1 with Mr Mancinelli voting no Motion by Mr DiTullio for an Amendment that Section 24-4 and 24-l1 and Article II be brought back as a new Council Bill for first reading June 8, 1998; seconded by Mrs Dalbec; carried 7-1 with Mr Siler voting no CITY COUNCIL MINUT JUNE 1, 1998 PAGE -2- Item 2. Council Bill 19, an Ordinance regarding the establishment of a Liquor Licensing Authority for the City of Wheat Ridge Item 2 was introduced on second reading by Mr Mancinelli title and summary read by the Clerk, Ordinance 1119 assigned Motion by Mrs Worth to continue this Agenda Item until June 8, 1998; seconded by Mrs Dalbec; tied 4-4 with Mrs Shaver, Mrs Worth, Mrs Dalbec and Mr DiTullio voting yes Mayor Cerveny broke the tie by voting no Motion failed 5-4 Motion by Mr Mancinelli for approval of Council Bill 19; seconded by Mr Siler Motion by Mr DiTullio for an amendment on page 4, Section N, replace "City Attorney" with "City Attorney and the Clty Clerk's Office" shall act in an advisory capacity to the Licensing Authority; seconded by Mr Eafanti; carried 6-2; with Mrs Worth and Mrs Dalbec voting no Mrs Shaver gathered forty signatures of residents, primarily In District III, who felt liquor matters should be dealt with by Councilmembers who are accountable to the voters Mrs Worth conducted a survey on liquor authorities in other cities and found that larger cities are the cities with the liquor authorities not the smaller cities Motion by Mr DiTullio to amend Section before August l, 1998", seconded by Mr Mrs Shaver, Mrs Worth and Mrs Dalbec 11 that would say " Mancinelli, carried voting no on or 5-3 with Motion by Mrs Dalbec to amend under immediate family, law and father-in-law; seconded by Mrs Worth; carried Donnelly, Mr Siler and Mr Mancinelli voting no add mother-in- 5-3 with Mr Motion by Mrs Dalbec to amend under Item J on page 4 word "other"; seconded Mrs Worth; carried 6-2 with Mr Mr Mancinelli voting no to delete the Eafanti and The City Attorney clarified that Mr DiTullio's motion for the amendment on Section 11, should be August 1, 1998 for both date blanks CITY COUNCIL MINUT- JUNE 1, 1998 PAGE -3- Motion by Mrs Worth to amend page 5, Section 11, to read,"In the event the Licensing Authority is not yet fully constituted and trained by December, 1998, the City Council shall, acting by motion, establish a new date by which the Licensing Authority shall be fully constituted and trained"; seconded by Mrs Dalbec; motion failed 3-5 with Mrs Shaver, Mrs Worth and Mrs Dalbec voting yes Motion by Mrs Worth for an amendment that all liquor licensing authority matters (i e renewals, show cause hearings, changes of establishments, everything) be brought to the liquor authority for their approval; seconded by Mrs Dalbec; carried 5-3 with Mr Donnelly, Mr Eafanti and Mr Mancinelli voting no Vote on original Motion carried 5-3; with Mrs Shaver, Mrs Dalbec and Mrs Worth voting no ORDINANCES ON FIRST READING Item 3. Council Bill 20 - An Ordinance amending the Wheat Ridge Code of Laws, Section 2-53(D), concerning voting rules for the Board of Adjustment, City of Wheat Ridge, County of Jefferson, State of Colorado Council Bill 20 was introduced on first reading by Mr Donnelly, title and summary read by the Clerk Mr Dahl explained the Ordinance Motion by Mr Donnelly that Council Bill No 20 be approved on first reading, ordered published, public hearing be set for Monday, June 22, 1998, at 7 00 P m in the City Council Chambers, Municipal Building, and if approved on second reading take effect 15 days after final publication; seconded by Mr Eafanti; carried 8-0 Item 4 Council Bill 2l - An Ordinance providing for the approval of rezoning from residential-three to restricted-Commercial District on land located at 6185 W 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado WZ-98-9 Mahoney Council Bill 2l was introduced on first reading by Mr Siler; title and summary read by the Clerk CITY COUNCIL MINUT JUNE 1, 1998 PAGE -4- Motion by Mr Siler that Council Bill 21 be approved on first reading, ordered published, public hearing set for Monday, June 22, 1998, at 7 00 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr Eafanti; carried 7-1 with Mrs Shaver voting no DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Authorization to submit COPS UHP grant request to the Department of Justice Item 5 was introduced by Mr Eafanti, title and summary read by the Clerk Motion by Mr Eafanti that the City Council authorize the submittal of the COPS UHP grant request for an additional officer; seconded by Mr Donnelly Mr Middaugh explained the grant request and answered Council questions Motion by Mrs Dalbec to postpone the Motion to apply for the grant until June 8, 1998, at 6 30 pm, and Chief Hurst and R-1 to be in attendance; seconded by Mrs Worth; failed 3-5 with Mrs Worth, Mrs Dalbec and Mr Siler voting yes Original Motion carried 5-3 with Mrs Shaver, Mrs Dalbec and Mr Siler voting no Item 6. Acceptance of Right of Way at Harlan St and 47th Ave Item 6 was introduced by Mr Siler, title and summary read by the Clerk Motion by Mr Siler that the street right of way dedication identified as Tract A on the consolidation plat fur the Queen of Vietnamese Martyrs Church development at Harlan St and 47th Ave be accepted by the City seconded by Mr Mancinelli; carried 8-0 CITY COUNCIL MINUT JUNE 1, 1998 PAGE -5- Item 7. Acceptance of Quick Claim Deeds for 1998 Traffic Signal Improvement Program Item 7 was introduced by Mr DiTullio, who also read the title and summary Motion by Mr DiTullio that the quit claim deed for 6770, 6795, 6800, and 680l W 29th Avenue be accepted and that the property owners be compensated as stated in the deed Mr DiTullio further moved that payments be made from account number 30-604-800-843; seconded by Mr Donnelly; carried 8-0 Item 8. A) Establish show cause hearing dates for alleged liquor code violations for Circle K Store, 5990 West 38th Ave , Wheat Ridge CO B) Establish show cause hearing dates for alleged liquor code violations for Village Liquors, 5303 W 38th Ave , Wheat Ridge CO Item 8 was introduced by Mrs Worth, who also read the title Motion by Mrs Worth that a hearing for the Circle K Store at 5990 W 38th Ave, Wheat Ridge, be set for Monday, June l5, 1998, at 7 00 P m at the Wheat Ridge Municipal Building to provide an opportunity for the licensee to show cause why the Liquor Authority should not assess a penalty for an alleged liquor code violation at said establishment, seconded by Mr Siler, carried 8-0 Motion by Mrs Worth that a hearing for Village Liquors at 5303 W 38th Ave, Wheat Ridge, be set for Monday, June l5, 1998, at 7 00 P m at the Wheat Ridge Municipal Building to provide an opportunity for the licensee to show cause why the Liquor Authority should not assess a penalty for an alleged liquor code violation at said establishment; seconded by Mr Eafanti; carried 8-0 CITY COUNCIL MlNUT JUNE 1, 1998 PAGE -6- Item 9. Resolution 1667 - A Resolution requesting Jefferson County to enter into a Subordination Agreement with the City of Wheat Ridge to Subordinate the Open Space Reverter Clause on the Recreation Center Property at 40th and Kipling to the terms of the Lease Agreement with the City of Wheat Ridge Recreation Center Finance Authority for a term not to exceed 25 years Item 9 was introduced by Mr Donnelly, title and summary read by the Clerk Motion by Mr Donnelly for adoption of Resolution 1667; seconded by Mr Eafanti; carried 8-0 Item 10. CONSENT AGENDA A Design Cost for the Water System and Lime Stabilization for the Recreation Center B Approval of Expenditure Items Item 10 was introduced by Mrs Worth, who also read the titles Motion by Mrs Worth for approval of the Consent Agenda; seconded by Mr Eafanti; carried 8-0 Motion by Mrs Dalbec to hold all Councilmember and Manager Matters until after the Study Session Meeting; seconded by Mr Donnelly, carried 7-l with Mr Siler voting no Meeting adjourned at 9 35 P m ~ ~)vwc~~-~ Wanda Sang, Ci~erk APPROVED BY CITY COUNCIL ON JUNE 22, 1998 BY A VOTE OF ~ TO~ ~- \ )O~ Don Eafanti,