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Home My WebLink About03/12/1990 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO March 12-L-1990 The City l,ouncil ~eetirq:, VldS cdlIea tv order by the ~'Qyvr at /50 i-' rli Co L. n c i lnd::ll, b e r s pre s e n t L 1 is t: L ro u b h alii, Ii. e n t L a vis, Lon L c.. tan t i, l' hi 1 Ldwarus, Tuny r lasco, Larry herkl, !'ton uel stad, ano Lill ..:>har:Jey Also present Le~uty City Llerk, Chri~ta Jones, City Rdministrator, Mikl ~lIJith, Lity Attorney, John r ayes, st<Jft, anu interesteo citizens APPROVAL OF MINUTES 01 February ~t, lS~L f' 0 t i u n b y ~. r 1990, seconded LClvis tor the CljJjJroval ot the hinutes ot r ebruarj c'b, by ~r ~ erkI, carried (-0 PROCLAMATIONS AND CEREMONIES Mayor hiloe read the Proclan,ation tor "hed Cross ~onth" - ~drch 199(; in its entirety ana jJresented it to ~r ~hendel, re):-resentinl:, the hed Cross ~ayor hiloe administereu the Lath of UfticE to Lle8nore h Ulmer, Richarus-Hart Estate Advisory Committee, Mayor hiJde presentea the f'etrojJalitdn hayors and Con,r"issioners Youth AWdrd to bra n d y Ie. i 1 son, She 1 b i e Lop e L, ~ a!ll ant h a Ann :::, e n n e r, f' ark S a v u t, e, f~ a n ~ Lynn Fo!!,le, Jeren,y Lial ik, Christe HartrlJann, and Layla CockrllcHl City Adn,inistrator, ~!ichael ::'[J,ith, introoL.ceu Gary v.ardle as the new Lirector ot Parks and hecreation CITIZENS' RIGHTS TO SPEAK Doris Ibbison, 5b15 Teller Street, complaineo about the proposeo increase in fees tor Seniors for the Swirnmin6 Fool hhy were everybooy else's rCltes raised by ~~ 00 for a season !Jass ana the seniors by $15 G0? She is offendeo by the fact trJdt Seniors have been classed c.S such "attluent people" Sht: askeo Council to look intu this matter bet ore the brochures So to print hot ion by hr discussion, 1\0, because al read y FIasco that this be put on the harch 19 seconded by ir ueJstad, carried 7-1 with there are so many items scheduleG for the ~tuoy ::'ession for hr uavis vullng ::otud y Session CITY CGULllL hlhUTt~ ~arch 1~, 19SU PaLe -c:- h e 1 enS tee 1 e, i; T L L ire (; 1., u r fur VI he a 1., Ii i d be, 0 i 3 t r i L u Leu her bus i n e s s cards to (ounci] ano inlorn,eo thEtI, at the I'ILL L111 that is currerltly 1n the Senate in the LeLisl dture, she t eel s this will be a very cost..] y bill to the citizens of Whebt Riu~e--pussibly as much as $40L per tax-payinL unit, that is *400 J.-er year tor 20 years ::"he uoesn't think it is right to buila a libht rail to go to the Denver lech Center ana let Wheat hiube resiaents pay for it I ten, 1 ApJ.-lication for a ne~ Class J-l - 3 ~. Leer hetail License for Conu-~ervices, Inc , aLa Conocu t0t3j4, locc..teo at j~10 loungfielo Street, Wheat Rid~e, Colorado Alan Dill, attorney for the aJ.-J.-licant was sworn in by tte ~ayor, spoke in favor of the a~~lication, ana answered Council's questions Betty hashburn, jj7~ Vivian Drive, was sworn in by the hayor and s~oke in favor of the application hichael h brown, city manager for Conoco, was s~orn in by the ~ ayor, spoke in favor ot the application and anS~Ereu Council's questions Jordan ~encher, li4uor surveyor tor ~treet, was sworn in Ly the hayor survey and gave Council a report on the grantinb 01 this license the City ot Wheat ~iage, 3':l~5 lstes he explainea how he conducted his the reactions at the citizens towaru ~ 0 t ion b)- h r s b r 0 U 6 hal!, to (j en y t his a p p 1 i cat ion tor the foIlo\.'1 i n 6 reasons (1) 1 he eviuence aOduceu at the Publ1C ]Jearin6 ot ~ arch 1<', 1 S::ili inuicates that the aesires of the resioents of the nei6hborhooa under consioeratian are tor uenial ot this license, as eviuenceo by petitions Learin6 4li signatures opposea to grant~n6, 4b signatures in favor of 6ranting, ana 14 signatures ~ith no oJ.-inion (2) lhe reasonable requirements of the neighLorhooo within a one-~ile raoius of the pro~osed site are ade4uately serveo by virtue of 3 outlets possessing a similar license existing in or near saia neiLhborhooo hution oieu for lack of second hot ion by h r ~ h anI e y to a p ~ r 0 vet tea):- p 1 i cat ion for a n e \.'1 J - 1 j ;: )0 Lee r l1etail License frOll, Cono-Services, Inc , oba Conoca tiOb334, 3.21G lounbtielu Street, ~heat Hidbe, for the following reasons (1) All applications and fees required by statute have been fileo and paid, (2) hotice of hearin~ ana postinl of the premises have been accomplished according to statutory requirements, (3) The applicant is entitled to occupancy of the pre~ises by virtue of a si6neO lease agreement anc sublease agreement oateo January 4, 1~90, (4) lhe officers ana uirectors of Cone-Services, Inc , have been investigateo and cleared by the FLI ana CbI, ern lliUt.ClL UhLHS March 1':::, 1 'J% f3t,E: -5- (')) 1he evidence auouceu at the Pub] ic I ec:ring on ~,2rc:fJ lc, 150lJ est2blisheu that the desires ot the resiuents 01 the neighborhoud unoer consideration are for granting this 1 ieense, as evioenceG by j:eti tions bearLng 46 sibnatures in favor ul issuance, 40 signatures in oppusition, ano 14 signatures evidencinb no opinion, and that issuance of this license is consistent ~ith the needs ot the neighborhOOd under consideration, seconded by hr Eowaros ~r Merkl askeo tor a friendly amenoment to ado as reason for granting the license that the applicant by testimony tonight has shown need and there was nobooy present in opposition to this license hr Shanley ana hr Lawards accepted this as part of the motion Motion carried 7-1 with Nrs Lrougham voting No I ten, .::: l-wile raoius tor application for a new Hotel & hestaurant Liquor License for hi Cabana Inn, Inc , 7bJU v, 44th Avenue, ~heat Ridge, Coloraoo Motion by hr Lavis that the neighborhooo be set at a l-mile radius, that a survey to establish the neeos and oesires ot the neighborhood be taken, ana that the public hearing on this application be held on April 'J, 1951J, seconued by hr F 1 CiSCO, carr ied b-U ItelfJ j l-mile rauius or ~aiver 01 rauius tur a new Tavern Li4uor License v.ith extendeo hours for hansoor Shawn ::Ohah, dba "Club Peaches", 1/7, V. 50th Avenue, IIA110, v,heat hiuge Mot ion by h r f' e r hIt 0 set a 1 - nJ il era diu san Gar d era sur v e y to establish the needS ana oesires of the neighborhooo I turther move to set the public hearing Gate tor April S, lS~O, order the propert) postea ano the public hearing pubIisheo in a newspa):-er of general circulation in the City ot' hheat hidge, seconoeu by hrs Lrougham, carrieo b-lJ I ten, 4 Transfer of Ownership tor a hetail Li4uor ~tore License from Mazhar ~hah, dba wilmore Liquors, 7777 h 3bth Avenue, 'wheat Ridge Applicant ~azhar Shall, 5450 Lamar [rive, was s~orn in by the Mayor ana answereo council's questions hs Shah inoicateo that her brother, who is applying for a tavern liquor license and has no longer an interest in hilwore Liquors, wi]l be bel ping her run the store She was adviseo by Council ana the City Attorney that she should retain lebal counsel to help her unoerstand the li4uor laws and proceoures ~ otion by hr Davis to postpone this Itelli untiJ April ',j, l':i',jlJ to [;ive the applicant an opportunity to consult with legal counsel, seconded by ~,r EaLolnti, cilrriea b-lJ CIIY COUhCIL ~lNUIL~ I' arch 1~, 1 SiSilJ Pabe -4- PUBLIC HEARINGS ANG ORDINANCES ON SECOND READING I tenJ ':> Council bill i!4lJ - An urdinaLce repec,linb anu reenacting the provisions ot uection ~-GL(C) ~olitlcal Activit}, of the Code 01 Laws of the Lity ot ~heat hiobe Council bilJ 40 "as introduceo on second readini:', by ~r herkJ, title reaD by the Llerk, Oruinance No b~4 assil:,neu hotion by hr herkl for the aool-'tion of (;ruinance b.::'4 and oruer it published, secontiec by hr Lavis, carrieo 6-0 I ten, G Council LiII #41 - An Oroinance awending Section 2-':>3(e) of the Code of La~s ot the City ot hheat hioge, Coloraoo by establishinb a minimum seventy-five percent (75%) attenoBnce rate for members at' appointed BOaros and Commissions within the City of hheat kioge, Colorado Council bill 41 was introduced on second reCiding by ~r SelstCid, title reao by the Clerk, Ordinance No bL5 assigned ~otion by hr SelstCio for the adoption of Oroinance b~5 ana oruer it pUblished, seconded by hrs LrouLhCiw ~otion by Nrs brOUbhaw to amend the Ordinance that under Section 1 (e) after the thiru sentence be adOEO "unless said Cibsence is oetermineo an excuseo absence ana is voteo upon by a majority of the members Lxcuseo a b s e n c e s co u 1 0 in c I u 0 (. i 11 n e s S, de a t h in fall, il y u r e Iii e r b e n c i e s " , secondeo by hr }lasco hod Killian, 3':::.:::6 Sil1,llJS l,ourt, was sworn in by the hayor Fie al-'peareo on behalf ot hinJsel f and the Pl8nning CamnJission lie Cibreeo wi th ~. rs Lrougham's awenoment He sULbesteo to perhaps consider havinb the absences excuseo or not excused by the chair or the city liaison to the conjmission Jack Prose, 4135 Ingalls ~treet, Chief building Insl-'ectar for the Lity of hheat Ridge, was sworn in by the hayor and stateo that the building Code Advisory Board only meets once a year ana 1 absence would constitute wissing 100?, of the 11.eetings ~:ayor hilde stated he vlOuld veto this Crdinance he are havin6 a oifficul t time to fill the openin6s on boards ano commissions These are voJunteer positions ano we are putting a real hanoicap on these ):-eople to require them to attena on that kino at attendance basis hr Lafanti can't see how you can penali2.e sorr;ebuoy who volunteers hr ~ierkl opposes tr,is Groinance, he agrees with tilE ~dyor's position hr r;lasco teels this Ordinance is neecJeG, f-Jeople take these j:.ositiuns anu then leave town for Jonb perloos of time ana oon't atteno ffiEetints CIT~ CGL~CIL hIhUTl0 ['Jarcr, 1~, 19':1u Pa!:,e -~- hr Edwards dOeSG't see a proble~ with this Oroinance attend more than 75~ ot the meetinbS I' cst peopl e 11 nJ e nom e n t c CJ r r i e a 7 - 1 wit h ~,r l a fan t i v 0 tin g !\ 0 ~otion as amenueo carried 5-5 with Counciln:en,bers herkl, Shanley, and Lavis votin[, No I ten, I Council bill #4e - An Ordinance repealini:, and reenacting Section 2-5':l of the Code of the City of ~heat kiege, Coloraao pertaining to the duties of the Fersonnel Commission Council bill 4c was introduced by ~r Davis on second reaain6, title read by the Clerk, Oruinance ~o b~6 assigneo ~,otion by hr ~,erkl for the Clooption of Council Lil 1 4~ (liroinance No bet.), secondeu by ~r Sharll ey ~lotion by hr herkl to anJeno to add "( b) or any other contract personnel or inuep€noent contractor", seconded by hr Shanley carried b-U liriginal Notion as amenoed carrieo ~-U ORDINANCES ON FIRST READING I ten; ~ C 0 u n c il E il I 4? - An 0 r din a n c e p r () v i din!.', for the a p pro val 0 f rezoning from Agricultural-line to Commercial-line on land locateo at 11790 hest 44th Avenue, City of wheat Ridge, County of Jefferson, State ot Colorado (Case No 'wZ-B9-10) (Dennis L & Cheryl a Hoeter) Council bill 47 was introduceo by hr Lavis on first reading, title read by Clerk Motion by ~r Davis that Council bill 47 be approved on first reaoin6, ordered published, public hearing be set for Monday, April 9, 1990 at 7 30 p m in City Council Chambers, MuniCipal LId!.', , ana if approveu on second reading, take etfect 15 days after final publication, seconded by hr Eawards, carried 6-0 ItellJ 5 Council Lill 4b - An Ordinance adoptin!.', all of the provisions of Chapter 2t, Zoning ana Development, of the COde of Laws of the City of hheat hidge, assignin6 section numbers to each section thereof, Clnd oroering all provisions cited herein to be codified Council bill 40 was introouced by hr herkl on first reauin!:" title rean by Cl erk Notion by I' r ~lervl th8t Council bill 40 be c:pf-'roved on first reaoing, ordered pUblisheu, public hearing be set for hondoy, April ':!, lS':!0 at 7 jG P rlJ .in City Council C'-lan,lJers, hunicif-'cil Lldb , and if approved on seconu reacJinb, take etfect 1 day after final publication, seconoeo by ~r Shanley, carried b-U CITY COUNCIL ~INUT~~ hardl 12, 1<;90 Page -6- DECISIONS, RESOLUTIONS, AND MOTIONS Item 10 Resolution 118b - amending the City of ~heat hidge's annual budget for the fiscal year lY90 Item 11 hesolution 118Y - a~~ropriating adoitional sums of money in excess of amounts buugeted for the City of hheat kidge, Coloraoo, tor fiscal year 199G Motion by hr hioge's 1550 expenoiture, b-lJ herkl that hesolution 1188 allJenoing the City of v,heat Annueol Buobet, ana hesol ution 1189 aPlJropriating funds for be approveo as submitteo, seconoeo by hr ~hanley, carrled I ten, 1 ~ Resolution 1150 - A Resolution ot the City of hheat kioge setting forth the City Council's concerns regarding a proposed rezoning for bravel extraction r~rpose at the Sheep Mountain Wuarry hesol ution 1190 was introduCeG by Mr Selstad, ti tIe read by the Clerk Motion by Mr Selstad for the auolJtion of hesolution 119L, seconoeo by hrs broughalii ~r Eowards asked to abstain for previously stateo reasons, carried 7-0 ~lotion carried 6-1 with Mr Davis votinb ~w, ~'r Edwards abstainines Iteru-1l_ ~,otion by hr Edwarus that Dusiness Prociucts be awaroeo the purchase of their LOT hATkIX LINE PRI~TEh MT-b45 in the amount of $5,505 00 ana that the costs be chargeo to Acct No 117-809, seconoeu by ~r herkl, carrieo 0-0 I tellJ 14 ~ otion re Refinish Municipal builoing brick Floor hotion by ~Jr Edwards that the "f loor Frotectors" be awaroed the contract to reiinish the brick flooring at City ~all in the amount of $6,997 I further move that a 10~ contingency be establisheo in the anJOunt ot $700 00 for a total !Jroject cost ot $( ,697 with all costs to be chargeo to Acct No 11-774 I turther move that ~7,b9'( be transterreo trow the contingency reserve ACct No blJ,(-754 to Acct No 118-774, seoondeo ty ~r Shanley Giscussion followeo ~r FIasco and ~r Lavis will vote against this motion 1his project was not l.Juogeted for 1990 Motion Failed 3-5 with Councilruembers Erougham, Eafanti, and herkl voting yes Motion by hr not bUdgeted, to cover this herkl that this project be delayed since it is currently and that stafi place sufficient tunds in the 1991 budget project, secondeo by ~r Selstad, carrieo 8-u CITY CL~~CIL MINGTES March 1c., 1990 Page -"(- Itew 15 Purch~se of CAG ~tation --- ~otion by Mr ~elstbo that th~ Public horks LAL ~tation hc..ruware be r;urchased frollJ "The ~ource" in the arLount 01 their lluote u1 $4,jC0 emo that this i:llIJuunt be chi:irgeu to Acct tio ,)Oc.-oOCj, second eo by I'r Lowaros, carried b-C I telli 1(, Awaro ot 5<jth 6. hiller !-roJect hut ion by Mr Eafi:inti thi:it the 5<jth & Hiller Area 1rainage Irr,provewent Project, L-LG 03-b<j be awarded to 'wycon Constructiun Company in the awount of their bid of' $~54,043 10 I fur the r m 0 vet hat an in c e n t i ve bon u sin the a rL 0 un t 0 f ;p 1 1 , 1 0 U be established I further move that a contingency fund in the amount ot lU% 01 the original bid of $5':l,400 00 be established I turther move that a torce account in the amount of $c.5,000 be estabIisheo I further move that $50U,00 00 be transferreo from Acct No 30-302-84b to Acct No 30-302-847 and that $145,543 10 be transferred from Acct No 30-607-795 unal]ocated funo balance to Acct ~o 30-3U~-b47 I further lI,ove that the Lirector ot Pub] ic v.orks be authorized to issue change orders up to the total project cost of $645,543 10 i:ind that all costs associateo with this ):-roject be charged to Acct No 3U-302-b47 I further move that the funos be encumbered for the length of the project which expressly allows the expenditure ot fundS in 1991 for this project in accoroance with Ordinance No 787, 1Sb9 series, seconded by Mr Nerkl, carried 6-2 with Mr Lavis and Mr FIasco voting t,o I tell; 1( heview ot hhe~t Ridge Looe of Ethics for ~unicipal Elections John Hayes referred to Ilis liJeliJO attacheo to this packet ana asked that this Itelli be put on ~ stuoy session for ciscussiun Lon Lanci:ister, 407C Everett ~treet, asked that the election laws be changed he was not satisfieD with the outcome of the recent hearings regarding electiun law viol~tions Motion by Mrs Lroughaw that the review ot the Election Laws be put on the next feasible stUdy session, seconded by hr Selstad, carried 8-0 I tew 1 b Motion that the deed tor 7150 W 3bth Avenue be accepted Jvotion by Jv,r 38th Avenue be seconoed by Mr FIasco that the deed for the property accepted by the City and recorded at Merkl, carrieD 8-0 known as 7150 v, Jefferson County, CITl C0~NCIL kI~UTL~ ~,arch L:, 19S0 fage -b- Ite[J;~ liu for legal auverLlsing services hotioo by hr Lbvis that the A~~l~woud/~heat kiogE lransari~t be oesigoated the news~aper of record for the City ot Wheat Ridge That the legal aovertising be awaroed to the Transcript newspaper at the rates quoted, renewable annually with the ~ayor's approval, secondeo by ~r ~erkl ~r ldwaros asked for a frienoly amenoment to state that the Transcript was the low bioder hot ion-maker ana secono accepted ~r Selstao will vote against this motion because the Transcript represents Applewood anu Golden, he has never seen a newspaper where half of the front page is aovertising The Sentinel has News on the first page he found no ueclaration of ownership in the Transcript ~,rs broubhcJilJ is opposed to changing our let,al advertising to a f:,aper t hat is not e a s i 1 y a vail a b let 0 a !i, a j 0 r i t y 0 f the c it i zen s 0 f w h eat Ridge The torruat of the Transcript is not the type of paper you would put legals in Bob Short, beneral nlanae;er ot Transcript Newspapers, was ]:;resent and answered Council's questions Motion carrieo G-~ with ~rs Lrout,ham ana ~r Selstad voting ~o CITY ADMINISTRATOR'S MATTERS hike ::,n,ith tharlkeo snow ren,oval crews tor their hard work CITY ATTORNEY'S MATTERS Jotn Hayes gave update on Currier lawsuit, reruinoeu Council of meeting regarding zi~ COdes, which will take place on March ~u, 9 00 a m in the oowntown post office, intorwed Council that Lutheran Medical Center hao o b t a i n e dIe gal co u n s e l, V. a J n e Hen r y, ana he has a n: e e tin g \-J i t h hi n: scheduleo, askeo if City was wiIlinb to grant easement in ~aosworth lown Center ~' 0 t ion b y ~ r new owner of Town Center, Merkl that ~'r the property to s e con d eo b y ~,r Hayes be allowed to negotiate with the get an easement across our park from the FIasco, carr ied 8-0 John hayes will not be present at the March 20 Council meeting, Paul GoOec will take his place Jim Malone presented printout of assessed valuations ot ~heat kidge properties and askeo for Louncil uirection as to how they wanteu these broken down CIT) C0~NCIL hlh~lLS ~,a r c h 1 c:, 1 Si 9 (J Pat,e -9- ELECTED OFFICIALS' MATTERS hon ~elstaa stateo that owner ot prospective parklanu at 52nd & Teller hao c3Iled hill] 3nu told him she was not interesteo in sellin6, but was afraid that her lane might be conoellineo b) the City he asked for consensus that this lana woulo not be condemned Consensus was G-u that this ~articular ~iece of land woulu not be condemneo hot ion by Nr Selstao that an Ordinance regaroin6 Alternatives Fuels be drawn up and the Oroinance address storage, transportation, distribution ana other control as neeued to ensure health, safety and welfare of the citizens of hheat hidge, seconded by ~ir fIasco, carrieo b-U hr Selstad asked hr Prose to gather additional lnformation regaroin6 the holding tank at 35th & fenton--how much does the condo association pay? would they participate in sharin6 costs to bypass holding tank? Tony fIasco remindeo Council of the DhCUG AwardS Lan~uet, gave update on Air ~uality buuget Dill Shanley complimented Public harks snow crews ~jayor v\iloe in!ortJ,eCJ Council that a group ot ']4 chinese stuoents (musicians) woulo be visiting during the tirst week ot April ana bave details of their appearances hotion by hr Eafanti to aOJourn, secondeu by hr Nerkl, carried b-0 h e e tin g a 0 j 0 urn e d at 1 U 4 U P II, ~~\ " ~_~~ c, ~ Christa Jones, Deputy City Clerk APPhUVElJ bY CITY COUf'-lCIL 01\ hARlll 26, 1990 bY 1\ VC1E. OF 8 T0 o I ';' -< ~_'" -t;.. ! Kent Lavis, CounciJ President