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Home My WebLink About07/24/1989 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO July 24, 1989 The City Council heeting was c211ed to oroer by thE: hayor 8t 7 ]lJ p w Co u n c i 111; E: n, b e r s pre s e nth e r j t L a vis, 1 0 n y F 1 a s co, 10 r i s 11 tis 0 n, La r r y rerkl, hoe heller, ~ancy Snow, hanoy hest, ana Claudia horth Also pr'esent City Clerk, handa ::'ane;, City Aon,irdstratur', jv'ike ::'lLith, City AttornEOY, John hayes, Lirector of !.lannirJe. & Levelq!lLent, Glerl Gidley, Chief of I'olice, J8ck 11urst, Lir'ector u1 fulJlic horks, bob GGetel, staff, ana interesteo citizens APPROVAL OF hINUTES of July llr anG July 17, l~o~ hot ion by l' r 1'1 e r kIf 0 r t b e 2 P 10 r u v c; 1 0 f t b Eo 1': in ute s 0 f J u 1 y 1 G, 1 9 b ~ , second eo by hr Lavis, carrieo o-G hot ion by hrs seconded by rr Ibbison for tbe apj.>rovc;l of the hinutes of July 1'{, 1909, ~est, carrieo [,-0 PROCLAMATIONS AND CEREMONIES hayor hilde aaministered the Oath of Office to Terry hayne Shelton, boar a of Adjustment CITIZENS' RIGHTS TO SPEAK Al Perry, 364~ hiller Street, submitted petitions si~neo by 125 regular Creenbelt users, askin:s the City to do something about the bicycle riders who riae recklessly, jJass without warning, cut in and out of pedestrians at high speeo Tbey ask for jJolice jJrotection, adoitional ranger force, etc hotion by ~rs ~now tbat this matter be Olscusseo at the ~eptember Stuoy Session and that j.>rior to that time the Park Commission have the matter forwaroed to them ana thEn ask fur a written recommendation for suggestions, seconaed ty ~:r j, est Liscussion followed Mr rerkl calleo for the 4uestion, seconoeo by hr Lavis, carrico ~-1 with Mrs Snow votinG ~0 vote on original rwtion carried 7-1 with p:rs Ibtison votirJe, ho Arie VerrijJs, 3115 hountain :::lhaaows Lrive, aoar'esseo the uj:JconJine, franchise contract with Public Service, stated that this would be the iOeal tirue to discuss r:;uttin6 the utilities on jc'tld Avenue uncerground, stateo he was an expert in utilities anu offereo to serve as an unpaia consultant for the City of \,heat Ridge lie askeo that the hayor apj:;oint a special committee to work with staff and Council to come up with the best possible proposal CITY CCU~CIL ~I~UTES July ;04, 1<;.8<:; Page -2- Jorda~ ~enc~er, j5~5 hstes ~treet, askEG for Lou~cil's help with barking aog ~robleffis LOCAL LIQUOR LICENSING AUTHORITY MATTERS I tE:llJ 1 A~~lication for a ~ew Class J-l - j 2% Leer License for Haindro~s, Inc , eba Conve~ience Plus #2u~, located at 9491 ~ 44th Ave~ue, Unit lOb, wheat hidge, Coloraoo Lonalo ~uirk, ap~licant, 613 Parker Circle, Coloen, has prese~t a~o answered Council's questions hrs ~or"th asked the the ovmers a~o ewployees of this establishwent toke the City Clerk's Liquor Se~inar Applicant repliea that they will 00 that Motion by hr herkl to ap~rove the application for a new J-l 3 2~ Beer Retail License frow kaindro~s, Inc , ata Convenience Plus N~U~, 9491 W 44th Avenue, Unit loB, ~heat Rioge, for the followinb reaso~s (1) All applications and fees required by statute have been filea and paid, (2) ~otice of hearing ana posting of the prewises have been accolliplished according to statutory requiren,ents, (3) The applica~t is entitled to occupancy of the premises by virtue of a signed lease agreement dateo ray b, 19b9 (4) The officers of RairJdrOps, I~c have been investigateo ana cleareo by the Police Department (5) The eviGence aaouced at the Public ~earinb on July ~4, 19b9 establisheo that the oesires of the residents of the neighborhooo unaer consioeration are for gra~ting thIS license, as eviaenced by petitions bearing 52 sib~atures in favor of issuance 29 signatures in o~position, ana 20 si:snatures evioencing no o~inion ana that issuance of this license is consistent with the neeos of the neighborhood under consideration, secondeo by Mr Davis, carried 7-1 with hrs ~orth voting ~o because there are b other outlets with the same ty~e of license in the area already It enl ~ Application for a ~peci~l lvents ~ermit froffi Frank J Letac~ment, rnc , r'arine Corps League, for the v,heat Carnation Festival Carroll Rialse David G ~right, 10543 ~ b2nd Place, Arvada, representing Frank J Carroll Detachment, Marine Corps League, was present to answer Council's questions ~otion by ~r ~lasco to approve the upecial lvents Permit for Frank J Larroll Detachffient, Inc Marine Corps League, at the location of the 'vvheat fiidge Larnation festival, llil!,h Court betweer, 'v_est 30th ana 3S,th Avenue, to dispense 3 2% beer on August 17,1909 fron, II 00 P n, to 11 30 p nr , on August 115, 1S,0S, fran, 4 Ou ~ tJj to 11 30 p tJJ , ana on Au:sust 1S" 19b9 frotJJ 9 Uo a ru to 11 45 pm, seconoed by Mr Lavis, carrieo b-U CIn CGUHIL r-:H.UTlS July 24, 198':1 Pa€:,e -5- I telL j Henewal A~~lic&tion for Rose ~ Foster, dba harubling Rose, lGObO k 44th Avenue, Wheat hiage h~rolo Lutz, attorney at law, re~resenting the ap~lieant, was ~resent ana stateo that the a~~licant, hose Foster, was also present Ije ex~l&inea that the rea.o,Gn hr's Foster haG arJswereo "No" to the que s t ion "Ii a s the a p ~ 1 i can t eve r Lee n con v i c tea 0 f a c r in, E' ? " w <; s t hat she unoerstoOG the hord "criTH," to mEQn "felony" hr:::; Foster' haa been convicted of two r"isaer"earJors, but aiJ not unoerstarJo that they were con s i 0 ere CJ <; "c r in, e " The s e l/j i 5 0 em e <; nor s too k ~ I ace in 1 9 b ban d 1": r s Foster haa filled out her application at that time in the same manner ano her license was reneweo He askeo that her liCEnse be reneweo He alleged that the gawbling aevice had been in the establishnient wLen Nrs Foster bought it ana she siruply continued to operate it until the hheat Hidge Police Department took it away nose Foster, llb47 h 71st Drive, Arvaoa, was sworn in by the hayor, stated she did not know that the poker game was illegal, she answered Council's Questions Detective ~teve Berkowitz, hheat Ridge Police Department, was sworn in by the hayor, stated that 12 calls have been maoe tG the Police Departruent regaroing the Rambling Hose bar for various matters The form fillea out by hrs Foster is a State forru that has been used for n:any years and the word "crime" is used for felonies or misoen,eanors Richard Pozorski, llb47 k 71st Lrive, Arvaoa, was sworn in by the l":ayor, anCJ stated that the hanjbling hose was "the cleanest bar in town", a neighborhooCJ bar, where you know everybooy by name Uran bottolfson, llb47 k 71st Drive, Arvada, was sworn in by the Mayor, Glnd spoke IdE,hly of the rUtlninb 01 the bar Tracy fJesGllroad, 2cS,4 Inballs, f:.o6ewater, was swor'tl in by the ~jayor, stated she is the bartenoer at the hamblin:s hose, GIno spoke to the quality of the bar lerrie MonahGln, 14 S Holman kay, Golden, was sworn in b} the Mayor, she is a personal frieno of hose Foster's and stateo that there has never been any harassment in the bar against the patrons by the bar owner Kelly Froyen, 2600 \\arbler, was sworn in by the Mayor, she is a member of the hheat hidge Jaycees ana stated that the hamtling hose has been of great heIr to thew Jeff hesalroad, 2c~4 In:salls, EObewater, was sworn in by the l"&yor, he is a Goloerr Folice ufficer, and the husband of Trac} f-iesalroad, who is em~loyeG there He has never witnessed a physical fight in the bar, his wife is 6 months pregnant and he has no problem with her working there CIn CGUNCIL hINLJU:::: July <::'4, 1<:;0'" Page -4- hot iun by hr ~Ierkl to ret i re to the back roorr, f or a fac t fino i nt, s e s s ion, s e con d eo b y ~ r" :::, now, car r i e 0 r( - 1 wit h h r L OJ vis v 0 tin g 1;0 ~ otior! by ~irs Snow for the renewal of tile hotel & nestaurant Liliuor License of the harllbling hose at 1 0000 ~ 44th AVEcnue, uperateo by hose Foster, witr the following cunoitions 1 'lhe Gwr,er will weet with the City Llerk anu review the Loloraao Liquor Looe 2 If there are any liquor violations in the future, the liquor authority will consicer iruposing a heavier ~enalty than normal for a first offense j The a~plicant will amena ana have notariZEd the a~plication, secondeo by rJrs Keller Mr Lavis will be voting at,ainst this, not because he is against the renewal, but he is against the conditions tiscussion followed Mrs Ibbison callec for the question, seconcea by hr tavis, carriee 0-0 Vote on the original motion carried 7-1 with Mr Lavis voting No Motion by Mrs ::study Session Snow, carried ~orth that the Chief of Folice come in at the August ana discuss liquor licensing ~rocecures, seconded by rrs 0-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Iter;; 4 Council bill ,,0 - An (Jrcinance repec,ling aLe reenacting various sections of Appendix A, Loning Grainance, of the Cooe of Laws of the City of ~heat Ridge, relating to Coruruercial and Industrial [istricts Council bill ",U was intrceucee on secono reacing by r,r herkl, title reao by the Clerk, Urdinance No 801 assigneo hr Giuley gave a ~resentation explaining the changes affectea by this Urdinance and answered Council's questions Norm Lechini, 1<::'090 ~ 16th brive, Golaen, was sworn in by the Mayor, statea he was in favor of this Ordinance Motion by Mr Merkl that Ordinance oUl be ap~roveo on secona reaoinb with the followinS amendments 1 That Section 10 C-l District hq,ulations, subsection 18 E 6 be deleted, anG that a new Permitted Principal Use "Commercial Machine Shop" as describea by the Adcencum sheet, be aodeo as a new item B 9 2 That Section 19 , C-2 District hegulations, be amended by the deletion of item B 15 3 That Sections n , 17 , 10 , ana 19 be amended to allow "RoorrJinb ana Boardin:s house" as a Permitted use in the C-l district ana a Special Use in the RC ana RL-l districts CITY COU~CIL MIhUTES July <:::4, 1989 Page -';- 4 That Section 18 " In 0 0 0 r FIe a 1', ark e t " outdoor flea market8 be awendea by the aaoition of a nevi Perwitted Use ana that specific language be adoed to prohibit 5 That ~ections 16 ana psychological, social, Uses 17 etc ue all,efloeo by ellowir t, "cliflics 1 or which are non-residential" "'s Permitted l> That Section 16 be awendeo by adding "Video F,ent",l ~tores" as a Specidl Use 7 Thdt in Sections 16 , 17 , 18 , ",no 19 side and rear yard setback ~rovisions be awended to read as per hr Gidley's July 18 weworanduw b That ifl Sections 16 , 17 , lb and 19 , the Accessory Use "Residential Uses "be aweneed to delete reference to "stand alone residences" ana change to redO "No new resioences as a primary or principal use shall be allowed 9 That in Sections 16 , 17 , 18 , and 19 , unoer Special Uses, the following ue listec at the end "Any other use Dot specificially listea ifl this district may be permitted as a Special Use where Planning Commission and City Council fino, in aedition to the stanoaro review criteria for all Special Uses as set forth in Section 26 B , that a specific site is uniquely appropriate for the use ~ro~osed" 10 That Sections 16 and 17 be arnendeu by the aadition of "Gptical Stor es" in the same sen ten ce as "PharliJdc i es" dS an Accessor y Use (Sec 16 C 4 and Sec 17 C 3 ) 11 That in Sections Idnascape nurseries 16 ana 1 r( the Special Use "Green houses and etc " be amenoeo by adoition of the followint, ", or where zoneo At,ricultural ana there is a residential structure within fifteen (15) of the common ~roperty line" 12 That Sectiufls lb C ana 19 C be amenaed to include an adaitional use as follows "Parking of not more thdn three (~) cowmercial truck tractors ana/or semi-trailers in conjunction with, and accessory to, a restaurant, hotel or TLotel IJrillJary use, ana when in conforn,ance with the parking design standards set forth in Section 21 1 C 14 of the Zoning Ordiflance It is not intenoeo that such parking limitation shall apply to pick-up ana delivery trucks normally associated with business operations" 1hat the new Inaustrial Listrict shall be Section be ~1 seconded by ~rs horth CITY COuNCIL ~INUTES July 24, 1909 Page -6- hrs ~now asked for a frienely amendment under Section 6 ~iaeyaru Setback, sub-section c to add the words "In all cases a thirty (jO) feet setback etc" and under Section 7 flear raro Setback, sub- see t ion c the sanJe wore s lJe ad d eo "In all ca ses where " to make the language more clear Mr herkl acce~ted this as a frienaly amendment ::Ohe further asked that the woras "fire Station" be taken out of "Perwitteu uses" hr Merkl acceptea this tviotion by hrs 1 "Temporary it be chanbeo Snow that unoer ~ection C Ferwittea Accessory Uses 5 sales lots shall be perwitteu for no more than 60 oays" to reao "9CJ days", seconoeo by tv,rs worth, c8rrieo b-O \ote on original motion carrieo &-0 ORDINANCES ON FIRST READING I ten; ~ Council Bill 22 - An Ordinance amenalng the provisions of Sections 19-51(8) and 19-52(b) of the Coae of Laws of the City of Wheat flidge defining members of the wheat fiidge Police Pension Fund and design8ting the trustees of the Police Pension Soaro Council bill 22 was introuuceo by hr herkl on first reading, title read by Clerk Motion by Mr Merkl that Council Bill 22 be approveo on first reading, orOered published, public hearing be set for honday, August 14, 19b9 at 7 30 p m in City Council Chambers, Municipal bldg , and if approved on second reading, take effect 1 day after final public8tion, seconded by Mrs horth, carried 5-0 DECISIONS, RESOLUTIONS, AND MOTIONS Iterr, 0_ hesolution 1157 - auttJOrizinb reimbursement fron, the City of wheat hidge's attributable share of the Jefferson County Open Space funo for Parks 8nd Open Space aevelopwent Motion by Mrs heller that Resolution 1157 authorizinb reimbursement from Jefferson County Open Space be approved, 8no the h8yor be authorized to sign the inter:sovernmental agreement entitled "Request for Reimbursement and Certification of Use of FundS" which is required by Jefferson County Operl Space before rein.bursement fron, the City of "'heat Ridge's attributable share can lJe released, seconded by hrs Ibbison, carrieu 6-0 CITY COUNCIL MINUTES July 24, 1989 Page -7- Itern 7 Motion to approve City participation in Colorado Surplus Asset FUlld Trust by aooptinL the C:.,AFE Model Kesolution ~otion by ~rs ~ortt to approve the City participation in Colorado Surplus Asset Fund 1rust by aoopting the CSAFE ~odel hesolution I further move that Coloraoo Surplus Asset fund Trust be adoed to the establisheo list of eligible puulic fund oe\Josi tories, seconoed by Ptr kest, carrico 7-1 with hr Lavis voting ~o Iten;-L ~ otion regaroing lrash Ren,oval in the Lity of V>.heat hidge r,r FIasco :save the recomn,enoations fron, the Public ~.orks Aovisory Committee, which were 1 The hours of trash pickup not be regulated c'. 1 hat the Treasurer's of fice look into the lJossibili ty that the nanje of a contact person, their telephone number and extension, ana business hours of contacting these people, be made a part of the business 1 ice rl s e 3 T hat the C it y 0 f \, he atE i age for n, u 1 ate a n ad n; in i s t rat i ve pol icy for the hanalin6 of complaints regarding trash companies and that the trash collectors business offices be maoe aware of this policy Complaints should include date, time, and the particular company 4 That we do all this on a voluntary basis Finally, during these discussions we were made aware that the possibility does exist, that there are several aaditional trash removal companies operatin:s within hheat kidge It is therefore recommenaed that the Treasurer's Office and Coae Enforcement vigorously pursue finaing out who these are and require their coopliance with all of Wheat Rioge's Oroinances or that ttey cease to operate in the City Motion by Mr FIasco that this report be accepted ana that the committee be discharged and that this be reviewed in 6 months, seconaed by ~rs \\orth, carriea 7-1 with hr herkl voting No Ite~ Motion for bio awaro for flashirli; beacon Installation Motion by Mr Merkl that K [ (1 Coloraoo lnc be awarded the contract for the Flashing beacon Installation (Project 1-1:"1 05-6~) in the amount of their bio of $7,j13 u0 I further move that a 10% contingency be established in the amount of' $7jl 30 I further move that a force account be established in the amount of $1,000 00, for a total project cost of $9,044 50 I further move that the Lirector of Public ~orks be authorizea to negotiate and approve any necessary change orders up to the total amount encumbereu for the project ana that al project costs be chargea to Acct No jO-304-04~, secondeo by ~rs ~orth, carrieu 6-0 IteoJ 10 hotion for' bid award for City Hall H'vAC Project hotion by Mrs ~eller that the proposal by Gordon, Gumeson and Associates, Inc for professional engineering services relating to the ~heat Rioge City Hall HVAC Project (RFPU89-003) be acoepted, ana a contract for professinal services be preparea for the r;ayor's signature based upon the accepted proposal, with the following stipulations CITY CuUNCIL UNUTES July 24, 1<;69 Page -S- A That this approval is tor Phase I, of the Proposal i~ the amount of $3,<;00 OU, and b That Phase I shall provide a cost estimate for Phase 2 and 3 with a maximum amount not to be exceeded based upon the hourly billing rates as providea by Gordon, Gumeson ana Associates, Inc , in their j:Jroposal I further move that all costs related to this project stall be chargeo to Acct ~IO jO-bl0-bll, seconueo by hrs \t.orth, carrie0 C(_l with hr Lavis votin6 1,0 CITY ADMINISTRATOR MATTERS Nike Smith referreo to his Mid-Year ~inancial Report CITY ATTORNEY'S MATTERS John Hayes stateo that it will not be necessary to renew the contract with the Ambulance Company, that it will automatically be reneweo after 1 year if there have Lee~ no major problems Chief hurst stoted that the c.r;., Loaro ",ill be giving their' comnJents in writing to Council to give their recommendations as to the renewal John Hayes reported that there will be no change in the ownership of American Cablevision of wheat Ridge He gave an update on the Public Service Franchise oiscussions He suggested that this be brought in to the August Study Session Notion by Mrs worth to suspend the Rules and continue with Electeo Offici&ls' l';atters, secondeo by hrs Snow, carried 6-2 with ~,r west and hr Nerkl voting No ELECTED OFFICIALS' MATTERS Kent Davis moved that Tony FIasco's name be submitteo as the representative for \\heat Ridge to the Air ~uality control Council, seconoeo by Mr Nerkl, carried 5-j with Louncilmembers Snow, Keller, ana horth voting No Mrs Keller does not feel Nr FIasco is very sensitive to air 4uality ana she feels he is an inappropriate appointment Mrs worth f eels like ~rs Keller hrs Snow doesn't think rr FIasco is committeo to positive action for air quality, he would not put forth the iaea that we need to clean up the air If he ooes get the appointment, she will probably write a letter to the governor saying that she feels he would be a poor representative haney ::;now Ciskeu if the schools would be notifieo that tbe j,:nd Avenue project would be starting The answer was yes She asked tte Chief ot Police for his comments to a letter from a massage organization, he feels the City can be more restrictive if that is desired CITY CGU~CIL ~INUT~S July c:4, 1909 Page -9- Noe heller askec ~r Smith to look i~to the aCvb~tages ane disadvantages and costs if the City ~ere to take over garbage collection Claudia ~orth moved to adjourn, seconoed by rr Davis, carried 6-2 with hrs ",!lOW and hrs heller voting ~o ~eetinE, aojourneo at 11 21 P m /1 I \\ a~'d ~ li, ang~~iijty-clerk------------ APPhLJHL bY CITY CGUNCIL ON AUGU::,T 14, 19b9 bY A VOTE Of ~_ Ie.; ~_ /1 ,/", 1 0 ----.L.l~L~u~~~::L________ Kent Lavis, Council President