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HomeMy WebLinkAbout10/09/1989 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO October 9, 1989 Th~ City Council ~eetin6 was callen to orGer by the hayor at 7 ~c ~ ~ Louncilwe~bers ~resent lony FIasco, Loris Ibbison, Larry herkl, ~oe ~eller, Nancy ~now, hanoy hest, ana Clauoia hortl ~ent Lavis was absent, but left votes Also prEsent City Clerk, ~anoa ~an~, City Aalliinistrator, ~,ike Sn,ith, City Attorney, Jorn hayes, Public horks 1irector, Lob Goebel, Lhiei of Police, Jack IJurst, staf t, and interesteG citizens APPROVAL OF MINUTES of Sevt~~Ler ~5, l~S~ ~lotion by ~rs heller for the apj..-roval of the hinutes of Se10tenlber .::5, 1989, seconoed by hr west, carrieu 7-U PROCLAMATIONS AND CEREMONIES ~:ayor hiloe ao~inistereo the Oath of Cffice for newly apj..-ointed Election Co~ruissioner, bill hib6ins Mr FIasco stateo that there ar~ a lot of peuple vresent to speak on Itew lJ ana fur their convenience that Item shoulo be waved u10 on the Agenda hot ion by ~,r FIasco that ItenJ 1 j be lIioveu up to COlLe af ter lten; 9, seconded by hrs ~now, carriea 7-0 CITIZENS' RIGHTS TO SPEAK City Llerk, hanoa :.,an6, reao an announcewent into the record regarding a preview of the election, sponsoreo by \\heat hidge Lniteo l~eighborhooo, on Gctober It, l':ib':i, "( jU V UJ to 9 0010 11; , ~jur;icij..-al Luildilj~, all hheat hiage canoiaates for City Lffice have been inviteo to make presentations The H-l ~chuol lJistrict election will also be oiscusseo This is a service to all voters ana will be on Lablevision LOCAL LIQUOR LICENSING AUTHORITY MATTERS I ten, 1 Application for a new hotel & hestaurant Liquor License, with extended hours, for Sports Garoen, Inc , ata brunswick ~ierra ~ista Lanes, located at 9751 ~est 49th Avenue, \oiheat Ridge, Coloraoo Charles Lun,j..-, attorney for the apl"llcant, was 10resent and sworn in by the ~ayor he spoke in favor of issuing this license anJ entereo exhibits intu the record Connie Kwasinski, 1742 Pickwick Lane, Clenview, Illinois, license coordinator for the apl"licant, ~as sworn in by the ~ayor ana answered questions l"oseo by kr kuwl" LIIY COG~CIL ~lNGT~~ lJctobel' 9, 19b9 P8~t: -c- Charles Little, ~510 Union Circle, Arvad8, was sworn in by the ~ayor He is the ~eneraJ manager for ~ierr8 ~ista Lanes He also answered questions for hr hump and Council I.' anI e y G ray, ~ 4 1 5 L u dIe y Co u r t, A r v a d a, h a r r y Boy d, (; 4 (, 4 G r 0 y S t r e e t , Arvada, Dina WilliamsL l1bc3 CJauoe Ct , Northglenn, Liz Wilson, 4~11 E 100, Thornton, were sworn in by the Mayor ana s~oke in favor of the application hotion by Mr ~erkl to ap~rove the application tor a ne~ Class G - hotel & Restaurant Liquor License with extended hours, for Sports Garden, Inc , dba Brunswick Sierra Vista Lanes, 9751 West 49th Avenue, \\heat ~ioge, for the followin~ reasons 1) All applications ana f'ees required by statute have been filed and paio, c ) Ii 0 tic e 0 f he a r in 6 an 0 pus tin got the pre n. i s e s h a v e bee n a c con, pI ish e 0 according to statutory requirements, j) The ap10licant will be entitled to occupancy ot the prewises by virtue of a general warranty deed, dated February ~~, 1982, 4) The cor1oorate officers and the manager have been shown by investigation to be of good moral character, 5) Ihe evioence aoouced at the Public hearing on October 9, 1959, establisheo that the desires of the residents of the neighborhood under consioeration are for granting this license, as evidencea by no one speaking in opposition to the granting of this license I further move to approve Charles I Little as manager, seconoed by ~rs Keller, carried 7-0 Item 2 Application for a new Retail Liquor Store License for John W Ihomas, dba JET Liquors, locateo at 4403 Wadsworth Blvd wheat ~idge, Colorado Apvlicant John k Thomas, b7b5 Eaton ~treet, Arvaoa, was sworn in by the hayor ano answered Council's questions Motion by ~r West to avprove the application tur a new Class L - Retail Liquor store License for John W Thomas, dba JET Liquors, 4403 Wadsworth Dlvo , \\heat Ridge, for the following reasuns 1) All applications and fees required by statute have been filed and paid, 2) Notice of hearin~ and posting of the prewises have been accomplished according to statutory requirements, 3) The applicant will be entitleu to occupancy of the vrelliises by virtue of a Business Lease, uated 8/30/59, 4) The owner has been shown by investi6atiun to be of 6000 lIJoral character, 5) The eviuence adouced at the Public Hearin~ on October 9,1909, establisheo that the oesires ot the resioents of the neighborhoou under consiueration are for granting this license, as evioenceo by no one speaking in opposition tu the granting of this license, secotlueo by Mrs heller, currieo 7-0 CIIl LLGhCIL ~I~~lLS uctobet' 9, 1 Sib') Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item-1_ Louncil Sill 27 - An urdinance establishing the salc:ry for the elected [-ositions of ~,ayor, ~,enJters of Council, City Clerk, ancJ C it y I I' e as u r e r, 0 f the C it Y 0 l' \\ he a t Fe i d g e, cJ u rill g the t ern, 0 f uffice cOILwencing Noveniter 13,1989 and ending Novewuer 11 1991, repealing Ordinance 73b, Series of 19b7, and providing for an automatic repeal and termination of this Ordinance Council bill 27 was introouceo by Mr herkl on secono reading, title read by the Clerk, urdinance No 8U8 assigneo Steve berkowitz, 3~45 Newland Street, was sworn in by the hayor feelSlf a pay raise is good enough for City Council it should be enough fur the elJJployees 20)~ is quite an increase, n,uch sliJaller increases have been turned down for the en;ployees lie gOOd hotion by ~r ~erkl for the adovtion of Croinance bUb, secondea by hr fIasco hotiun by hrs Snovi to anJend Iten, b tu read as follo\,s "Each nJember of the City Louncil shall receive an annual salary of $3,360 OU payable in Iii 0 nth 1 y ins tall lJ; e n t s 0 f $ 3 U 5 U 0, s e con 0 e d by I' r s It. 0 r t h, f ail e a j - 4 with CoutleilnJerrbers :Snow, heller, and horth voting yes hot ion by Nr \\est to amend the Ordinance that Councilmembers who vote against this raise, not accept it if they get reelecteo hot ion oied for lack of second Or i gin a 1 hot ion car r i e a 7 - 1 vi i t hI': r s l\ e 11 e t' vat i n g N 0 hrs Snow stated for the record that the only reason she voted yes, was that she oia not want to vote no on the 10% increase for Mayor, Treasurer, ana Clerk Item 4 Council Bill ~b - An Urdinance repealing Crdinance No 784, Sel'ies of 1989, and approving an allJended Intergovernmental Agreewent between the City of ~heat Riege, Colorado, ana the City of Lakewood, Colorado, relating to the design ana construction of \\est 3~nd Avenue Council 5ill 25 was introduced on second readiniS by hr ~,erkl, title read by the Clerk, Ordinance No 809 assigned hot ion by Mr herkl for the acio1otion of Ordinance b09, seconued by Mrs Ibbison, carried U-O CIT) COU~CIL hI~U1ES I t en, ~ --- uctober 'J, 1969 Page -4- C 0 u n c il L ill 2 " - An G r 0 i nail c e mn e n (J i 11 g ::, e c t ion 13 - <::', h 0 0 e 1 T raft i c C (; d ~, 0 l' the Cad e 0 f L 2 W S 0 f t 11 e C it y 0 t t: he a t hid g e , by desibnatinL the Lirector of Public works, or l1is deSignee, as the "1raffic Engineer" for purposes of traffic administration of tLe provisions of the Hodel 1 raft ic Code, and further reserving to the City Council the authority to review and establish speeo zones and speeo limits on local streets Louncil Bill 29 was intrOduced on second reading by ~rs Snow, title read by the Clerk, Ordinance No 510 assigned kr west will vote against this ordinance because he does not want City Council setting the speed li~its hot ion by Mrs Snow for the adovtion of Ordinance 810 and that it be effective irumeoiately, secondeo by Mrs worth, carrieci 6-<::' with hr west and ~:r Lavis votine:, 1',0 l'iotion by hrs Snow to change the sj:-eeo on hest j2nd Avenue, from the eastern siae of Lutheran Parkway west to hipling to 3U wph, seconded by Mrs worth, carried 6-1 with ~r west voting No, because he thinks this should go to the Public works Advisory Committee I ten; G ORDINANCES ON FIRST READING Council Lill 50 - An Oroinance amenoing the Cooe at Laws of the Lity of wheat hioge (1959) by adding Sections 110 and 111 of Chapters 16 ana creating separate provisions controlline:, offenses of dowestic violence, and provioing a penalty for violation thereof Council Bill 30 was introouced by Mrs Snovl on first reaoing, title rea 0 by Clerk Motion by Mrs Snow that Council bill 30 be a~proved on first readinls, ordered pub 1 iShed, publ ic hearing be set for ~:onday, October 23, 19S9 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final ~ublication, seconded by Mrs Worth, carried 8-0 Item 7 Council Bill 31 - An Oroinance amending Section 27 applicable to all Districts, of Appendix A, Zoning of the Code ot Laws of the City of wheat Ridge negulations Ordinance, Council Bill 31 was introducea by Mr ~erkl on first reading, title read by Clerk Motion by Mr ~erkl that Louncil Bill 31 be approved on first reading, ordereo publisheo, public hearing be set for honaay, November L7, 195'J at 7 30 p w in City Council Chambers, ~unicipal Blog , and if approved on secono reaoing, take effect 1 day after final publication, secondeo by Mrs IbLison, carried 8-0 CITY COU~CIL ~I~ulES uctuuer ':J, 1 ':IcY Pae;e -5- Itewl Council bill j<: - An urdinance amending Section 24 !:.xcavation and Geposit Control of Appendix A Zoning uruinance, ot the Coue of Laws of the City of ~heat hidge Council bill ~2 was introduced by Mrs ~orth on first reading, title read by Clerk Motion by Mrs Worth that Cuuncil Bill 32 be approved on first reading, ordered published, public hearing be set for Monday, December 11, 19b9 at 7 3G p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconoed by ~r tv:erkl, carried b-G I t em 9 Council Dill 3.:; - An Oroinance amending Section 25 Nonconforming Lots, Uses and Structures, of Appenoix A Zoning Grdinance, of the Code of Laws of the City of Wheat hidge Council bill 33 was introduced by Mrs Worth on first reaoing, title read by Clerk Motion by tvrs Worth that Council bill ~3 be approved on first reading, ordered publiShed, public hearing be set for Monday, Decembel' 11,1':189 at 7 3010 [jJ in City Council Chambers, ~.unicipal bld~ , and if approved on secona reaaing, take effect 15 days after fin a I )J u b 1 i cat ion, s e con u eo b y ~l r I> e r k I, car r i e d b - 0 DECISIONS, RESOLUTIONS, AND MOTIONS Itelil~ Motion re ArrJmons Street ana West 44th Avenue hr FIasco introduceo Item 13 Public Works Director, Lob Goebel, eX10lained that the intersection at Ammons and 44th had always been a very dangerous intersection and several fatalities hao occurreo there The problems were mainly contributed to lack of sight distance Cut of four alternatives to solve the problem, the general consensus was to remove the existing retaining walls which create the sight distance problem at the intersection, and regrade the properties to iruprove si~ht distance before this was done, the Public Works Advisory Cotrlmittee recommendeo to convert Arumons Street to one way for the entire length between West 41st and 44th Avenue on a one year trial basis Dennis Polk, 1667 Cole Blvd, Golden, attorney, retained by Evelyn Teague, 4280 Ammons Street, was sworn in by the hayor he stated that ~rs Teague is extretrlely upset about Amwons Street being turned into a one-way street, this will be a major inconvenience for the residents, she feels a one-way street will be an invitation for more tratfic ana greater speeo There are other resolutions to the problem Also speaking in opposition to the one-way street were J L Ruterbories, 4~45 Awmons Street, H E Willmann, 4235 Ammuns Street, Ruth ~ Forsbeq:" 4<:jo Awmons, Toni Greene, 4125 Amwons, Frank Ames, 41jO Ammons, C C Zourdes, 4105 Arumons, Thann Baumert, 24~OO Currant--she was there on behalf of her father-in-law, Gus Laumert, bO~O West 44th Avenue, Tow Carroll, 0656 W Bear Creek Lrive, also spoke for his father, Gus Baumert, George Graul, 420U Yarrow, Marlene !:.lenbaas, 4285 AWlu01JS, faul GultJJan, 4315 AnmJons, Jay I\asplicka, 4190 Amn,ons, CITY ClJUNCIL MINUTlS uctober Y, 19b':) Page -6- Their commelts ana concerns incluoed why solve one ~roblew ana create two or three others, one-way street will be there forever, correct traffic light so that green light is longer, need stricter traffic enforcement, church, groceries, and doctors are all nurth on 44th, what will havpen to the vroperty values? northbound traftic will be diverteo to Balsaw or Zephyr Court, there will be increased mileage for residents, the problem is 44th Avenue, not Ammons, don't ask people to give up half-right to their property access Jetf la~g, bl00 ~ 44th Avenue, spoke in favor of the one-way street MotioQ by Mr FIasco that Public ~orks be instructed to make the light on West 44th and Ammons a synchronized light to increaSE the green tiwe coming off Anllljons onto West 44th and that there be a "no right turn on red" sign put on Ammons Street, and that on West 44th, approaching Ammons Street, a traffic sign be put up indicating that you are approaching a red light, either a flashing yellow light, or a yellow traffic sign with three symbols, second eo by Mr ~est, carried 7-0 ItenJ 10 Resolution 1166 - for commenoation ano recognition of all who ass i s t e 0 in the 19 11 c all on S e p t err, b e r 1 0, 1 98 9 Resolution 1166 was introduceo by Mrs Snow, the entire Resolution was reaD by the Clerk Motion by Mrs Snow for the adovtion of Resolution 1166, secondeo by ~, r 'Iv est, car r i e ci b - CJ Mayor ~iloe asked that each of the inaiviouals involveo receive a co~y of this resolution I tern 11 hesolution 116{ - authorizing reinlbursenlent fronJ the City of ~heat Ridge's attributable share of the Jefferson County Open Space Fund for Parks and Open Space development ~otion by hrs Keller that hesolution 1167 authorizing reirnbursen,ent from Jefferson County Open Space be approved, and the hayor be authorized to sign the intergovernmental agreement entitled "Request for Reimbursement and Certification of Use of Funds", which is required by Jefferson County Open Space before reimbursement from the City of Wheat Ridge's attributable share can be released, seconded by Mr West ~rs \\orth had various questions regaroing expenditures to be reimbursed by Cpen Space She moved that this Itew be postponed until the next regular meeting so that---COuncil's questions be answered, seconded by hr FIasco, carried 7-0 IteliJ 12 hotion re Purchase of Traffic Signal Controllers Motion by Mrs Keller that four Traffic Signal Controllers (lconolite ASC (jGUO) be purchaseD from lconolite Control PrOducts, Inc in the amount ot $7,~UO ana charged to Acct No jU-304-b43, secondeo by hr Merkl, carrie(j b-G CIT~ CGU~CIL MINUTlS October 9, 198<;; Page -7- CITY ADMINISTRATOR MATTERS ~ike Sruith referreo to the Jefferson County Transportation meetings and encouraged Council to atteno he woulo like to schedule two sessions with ~ir ~uw ek on Lovernber 17 and 1 8 hut ion by I'T her kIt 0 h 0 lot h e s e s s ion son No v en, b e r 11 an 0 1 b , 1989 with Lyle ~umek, seccnded by Mrs Ibbison, carrieo ~-~ with ~rs Snow ana hr FIasco voting No CITY ATTORNEY'S MATTERS John Hayes informed Council thclt our contract with the Yerkey cowpany has ueen terwinateo He referred to the three Informatiun Only Items submitteo by his office Council Lonsensus was 7-G for John IJayes to ~repare an Lrdinance regarding No-Darnage-for-Lelay Causes Council wants to study Loitering uruinance before it is brought in for first reaoin6 It looks favorable that 32no & 30th will have unoer6rouno cable (Public Service ~ranchise) without increasing the 1% fund He invited Louncilwembers to attend the next meeting between him ano Public Service B T Construction Arbitration will take place tomorrow A lawsuit has been fileo against the City, the complaint has no merit ELECTED OFFICIALS' MATTERS Item 14 ~otion by hrs Ibbison that School Crossing Guards be paid for 1 ana 1/2 hours per day at $4 25 per hour This amount be retroactive to the beginning of the 1989 school year, seconoeo by t-r.r v.est Mrs Snow askeo tor an amEndment to pay them for 2 hours and that they be present for 45 minutes twice a day, seconoeo by hrs ~orth Karen Powers, 14 Morningside Drive, was ~resent ano answereo Council's questions She stateo that crossing guaras are preSEnt 45 winutes twice a oay Amendment carrieo 7-0 Original hot ion carriE:o 1-0 10ny FIasco stated that the Air ~uality Council had not accow~lished anything definitive yet, but he woul~ keep Council inforrueo as to what was guing on lJ e b a v e Co u n c i 1 are p 0 r ton a co [Ji [(, i t tee tor 0 r u ~ a bus e t hat he 1 s servin~ on CIlY COU~CIL hI~~T~S uctoter Y, 19b:! Page -0- Nancy Snow receiveo two letter from Senators Armstrong ano Schaefer regarding the letters she wrote on the Zip Code legislation She askeo that Council contact thelli tor sU1oport People in her Gistrict are ecstatic that 38th Avenue got paveo She hao a lot 0f questions on Paramount Park, wall on Kipling prevents people froffi walking on Kipling It was explaineo that there will be walkway inside the wall, which will be much safer ~andy hest stateo that he submitted a vress release to the Sentinel today and desired to read it into the record It expounded on his service to his country ano this City and explained about his recent poor judgement for which he had paid a fine and he assured everybody that he would not use such poor judgement again ~'otion by Mr 6-1 with hrs herkl for aujournment, seconded by hrs Snow voting no Keller, carried Meeting adjourneo at 10 22 P m ') / ! /, \\anda Sang, ~2. IL ,. C i t Y C i/e r k APPkGVED bY LIlY CC~NCIL ON OClOBEk 23, 19b9 BY A \GlE OF 8 TO 0 I / -2. j/A '-' , /, . '" __ l~-.t"~ r.._~ \ tv .,.../z 'J Kent Gavis, Counci Presioent /