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Home My WebLink About07/22/1991 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO July 22, 1991 The City Counril Meeting was called to order by the hayor at 7 30 p m Councilmembers present Elise Brougham, Kent Davis, Don Eafanti, Phil Edwards, Tony Flasro, Larry Merkl, Rnn Selstad, and Bill Shanley Also present City Clerk, ~anda Sang, City Administrator, Mike Smitl-J, City Attorney, John Hayes, Public Works Director, Bob Goebel, Dirertor of Planning & Develo~ment, Glen Gidley, Director of Parks & Recreation, Gary wardle, staff, and interested citizens APPROVAL OF MINUTES of July 8, 1991 Motion by Mr Eafanti for the approval of the ~inutes of July ~, 1991, seconded by Mr E1wards, carried 8-0 CITIZENS' RIGHTS TO SPEAK Ted Moore, 9551 w 38th Avenue, stated that on April 5, 1991 the City sewage line in front of his house was obstrurted and raw sewage seeped into his house and the house next door This has been very costly for him and he has talked to several people but nobody claims responsibility for this City Attorney, John Hayes, stated tl-Jat the City does net own or maintain the sewer lines Joe Nusse, 2235 Upham Street, employee of tl-Je City of Wheat Ridge and member of the Fraternal Order of Police, read a letter into the rerord that will be sent to various news organizations and the citizens of wheat Ridge after being read to Council The letter addressed the loss of 12 experienced officers to other cities, tl-Je 50% loss of dispatch personnel, the hiring of R new inexperienced officers that won't be trained completely until January of 1992, the complaint that Wheat Ridge Officers are paid less tl-Jan similar positions in other cities David Goracke, 9799 Jellison Street, Westminster, hheat Ridge Police Officer, stated that the Police Department wanted to wake sure that Council was informed of the letter cowing out, I-Je is roncerned about the l~~k "f experienced manpower, it is getting srary out there and he 1oesn't want either an officer nor a citizen to get hurt Tim Peterson, 6601 W 26th Avenue, President of tl-Je Wheat hidbe area baseball assoriation, gave update "n surcessful ~heat Ridge baseball teaw and asked City to donate money to offset tl-Je rost to fly tl-Jis team to Atlanta, Georgia to compete in the National Tournament Mayor Wilde explained that I-Je had talked to Mr Peterson earlier and had informed him that any donation would have to be put an tl-Je August 12 Agenda CITY COUNCIL MINUT~~ July 22, 1991 Page -2- LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application fur a new Class J-l - 3 2% Beer Retail License from Cono-Services, Icc , dha Conoco #06431, located at 4750 Kipling Street, Wheat Rid~e, Colorado Alan Dill, attorney representing Conoco, was sworn in by the Nayor and asked for approval of tl-Je application, he gave background on Con.)<"u Diane Payne, 5465 Holland Drive, manager, was sw,;'n in .)y tl-Je ~layor and answered Council's questions hotion by Mr Edwards to ap~rove the application for a new J-l 3 2% Beer Retail License for Cono-Servi<"es Inc , dba Conoco #06431, located at 4750 Kipling Street, Wheat Ridge, Colorado, 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 November 15, 1990 and a sublease agreement dated February 20, 1991, 4 The of'ficers and directors of Cono-Services, Inc have been investigated and cleared by tl-Je FBI and CBI, 5 The evidence adduced at the Public Hearing on July /~, 1991 established that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by ~etitions Gearing 33 signatures in favor of issuance, ?(, signatures in opposition, dnj 41 si~'1atures evidencing no opinion and that issl!>,n::e )f this license is consistent with the needs of the neigl-Jborhood under consideration, seconded by Nr Merkl, carried 8-0 Item 2 Application for a Special ~vents Permit from the Arvada Jaycees for the Wheat Ridge Carnati,'1 Festival Motion by hr Merkl to approve the Special Events Per:nit for the Arvada Jaycees at the location of' 44tl-J & Field Street in Wheat Ridge, to dis~ense malt, vinous, and spirituous liquor on August 22, 1991 from 5 00 p m to 11 00 pm, August 23, 1991 from 5 00 p m to 11 00 pm, and on August 24, 1991 fron, 12 00 noon tc 11 00 p Ii) during the wl-Jeat Ridge Carnation Festival I further move to authorize the Mayor to sign the approval for the Special Events Permit, seconded by Mr Shanley, carried &-0 Iterr, 3 Application from Valente's Italian Restaurant t'J alter or modify their premises by addin6 outside seating Motion by Mr Shanley to approve the application to alter or modify premises for Valente's Italian Restaurant, 6995 W 38th Avenue, ~heat RiiGe d'1j dlthorize the Mayor to sign said application, seconded by Mr Lafanti, carried 8-0 CTTY COUNCIL MINUTES July 22, 1991 ORDINANCES ON FIRST READING Page -3- Item 4 Council Bill 108 - An Ordinan0e amending Section 26-16 (B), Agricul tural-l District (A-l), permitted prinr.ipal uses, of the Code of Laws of the City of h~eat Ridge by adding as permitted prinr.ipal uses Dog Kennels, Catteries, Veterinary Hospitals, Greenhouses, and tl-Je non-commercial f",..,lt";:., d' 1 )t!,s Council bill 108 was intruduced by Mr Merkl on first reading, title read by Clerk ~otion by hr Merkl that Council Bill 108 be approved on first reading, ordered ~ublished, public hearing be set for Monday, August 12,1991 at 7 30 pm, in City Counr.il Chambers, Hunir.ipal Bldb , and if approved on second reading, take effer.t 1 day after final publir.ation, seconded by Mr Selstad, carried d-O Item ~ Council Bill 109 - An Ordinanr.e repealing and reenacting the provisions of Chapter 17 of the Code of Laws of the City of ~he~t Ri1~e providing Parks and Recreation rules and regulations and providin~ penalties of violations thereof Council Bill 109 was introdur.ed by Mr Edwards on first readint" title read by Clerk Motion by Mr Edwards tl-Jat Council Bill 109 be approved on first reading, ordered published, public hearing be set fur Monday, August 12, 1991 at 7 30 pm i'1 City Council Chambers, Municipal Bldg , and if approved on ser.ond reading, take effect 15 days after final publication, seconded by Hr Shanley, carried 8-0 Item 6 DECISIONS, RESOLUTIONS, AND MOTIONS Resolution 1258 - in Support of Colorado ~OOO Resolution 1258 was introduced by Mr Motion by Mr Herkl for the adoption Selstai, r>arried 8-0 Item 7 Merkl, title read by the Clerk of Resolution 1258, seconded by Mr Resolution 1259 - autl-Jorizing the Jefferson County Open Space Officials to secure survey, title r.ommitment, negotiate for the aC4uisition and to acquire the property consisting of approximately two and one quarter acres (2 25), located nortl-J of 35th Avenue between Everett Street and Flower Street in Wheat Ridge, Colorado Resolution 1259 was intr,,-Iu('ei ;)y Hr Merkl, title read by the Clerk Julia Taylor, 3480 Everett Street, was ~"nr.erned about the proposed park's ~roximity to tl-Je reservoir and possibility of flooding if no storm drainage is constructed She would like to see the area preserved as a wildlife refuge A park playground would lead to discord in the neighborhood Brad Myers, 9120 W 35th Avenue, lives ar.ross tle parr.el of land in question, stated tl-Je neigl-Jbors did not kn lW 'clhnut tl-Jis until Saturday and needed more time to tl-Jink about what they want~d done witl-J the parcel CITY COUNCIL hHliTr ~ July 22, 1991 Page -4- Elizabeth Myers, 9120 W 35th Avenue, asked that the parcel be a passive park or designate it as wildlife habitat A develoved park would attract children and they would be in danger because of the Rocky Mountain Ditch She also passed out letters from neighbors right across the street from the parcel The letters asked that tl-Jis be a passive park with no development, this is an older neigl-Jborhood with no children and it is very quiet Dennis Nocton, 8940 W 35th Avenue, was ple~8ed that Open Space is buyinb this Varcel and asked that it be preserved for tl-Je neighborhood Ann Herbert, 3455 Estes Street, quoted frow the original Open Space resolution and as~ed that this property be maintained as a wildlife habi tat, there is nc neec:l f"r ~ CuI; lot at this time Mrs Brougham stated for the record tl-Jat she personally was in favor of a passive park at this site, but tl-Jat it was premature to discuss this at this tilOe and the time for residents to come in and spejk WclS when money was budgeted for the park She moved tl-Jat City Council approve Resolution 1259, authorizing Jefferson County Open Space to secure an appraisal, survey, title commitment, negotiate for the ~cquisition and to acquire approximately 2 25 acres of property located north of 35tI-J Avenue between Everett Street and Flower Street, seconded by Mr Eafanti, carried 8-0 Item 8 Resolution 1260 - autl-Jorizing the Jefferson County Open Space Officials to secure an appraisal, survey, title commitment, and nebotiate for the acquisition of the property including water rights consisting of approximately the eastern two and sixty-three hundreds of an acre (2 63), located at 4300 Tabor Street in ~heat Ridge, Colorado Resolution 1260 was introduced by Mr Edwards, title read by the Clerk Discussion followed Motion 1Y ~r Edwards to approve Resolution 1260 autl-Jorizing Jefferson County Open Space to secure an appraisal, survey, title commitwent, and ne~otiate for the acquisition and to determine the fair market value of the property located at 4300 Tabor as referenced in the resolution, seconded by Mr Shanley Mr FIasco will vote No because tl-Jere is a crying need for ~arks in the eastern end of the City, there is already a park in that area and it is a very good park IVir Edwards will vote against this because the other property needs to be developed (Gillhouse) before we buy any other property Motion failed 3-5 with Councilmembers Shanley, 5rougI-Jam and Selstad voting yes CITY COU~CIL MINUTES July <::2, 1991 Page -5- Item 9 bid Award for 1991 preventive street maintenance-in place recycling (RFS #'.11-28) Motion by Mr Shanley that the 1991 Preventive Street Maintenance Project (In Place Recycling) Project Number S-PSM 02-91 (RFB #91-28) be awarded to Cutler Repaving, Inc in the amount of their bid uf $51,88150), that a maximum aJnount of 2% of the bid amount, $1,03800, be allocateri for payment of any early completion of tl-Je project, that a contingency in the amount of $45,000 00 be established, tl-Jat the Director of Public Works be authorized to issu~ rh~n8e orders up to the to tal co n t r act am 0 u n tan ri con tin g e n c y a I[J 0 'J n t 0 f ,p j 6 , b b 1 50 an ri t hat all costs associated witl-J this project be char6ed to Acct No 30-303-884, that the funds ue encumbered for the length of the project, which expressly allows the expenditure "f' r'Jnis i'1 19'.12 for this project, in accordance with Ordinance 787, 1989 Series, that $16,000 00 be transferred from Capital Improvement Fund 30-303-850, ~est 32nd Avenue, to 30-303-8b4, Preventive Street Maintenance Fund, seconded by Mr Davis, carried 8-0 Item 10 Bid Award for 1991 preventive street maintenance-slurry seal (RFB It91-27) Motion by Mr Shanley tl-Jat the 1991 Preventive Street Maintenance Project (Slurry Seal) Proje~t Number S-PSM 01-91 (RFB #91-27) be awarded to Intermountain Resurfacing, Inc in the amount uf their bid of $54,000 00, that a maximum amount of 2% of the bid amount, $1,080 00, be allocated for payment of any early completion of tl-Je project, that a 5% contingency if] the amount of $2,700 00 be established, that the Director of Public Works be authorized to issue change orders up to the total contract amount and contingency amount of $56,700 00 and that all costs associated with this project be charged to Acct No 30-303-884, that '- w fW1']-; CleO e'lcumbered for the length of the project, which expressly 3llows tl-Je expenditure of funds in 1992 for tl-Jis project in accordance with Ordinance #787, 1989 Series, seconded by i"ir Merkl, '~arrl'ji 3-0 Item 11 Enhanced Sales Tax Incentive Program Agreement with KGC Trust Motion by Mr Shanley that Council approve this agreement as presented and the Mayor and City Clerk be autl-Jorized to sign it, seconded by Mr Merkl, carried 8-0 Motion by Mr Selstad that within the next four months Council discuss what items they want included in lSTIP agreements, seconderi by Mrs Brougham, carrieri 8-0 Item 12 Contribution Request froln .Jefferson Syn,phony Orchestra Motion by Mr Eafanti that a contribution to the Jefferson Symphony Orchestra in tl-Je amOU'lt of $500 00 be made from Acct 610-799 to sponsor its 1991 summer outdoor concerts, seconded by Mrs Brougham, r&rriei 8-0 0ITY COUNCIL MINUTES Ju]y22, 1991 Page -6- Motion by Mr Merkl to give $1000 00 to the Wheat Hidge Area Baseball Association to send the Wheat Ridge 8-year old team t, th~ National Championship Game from Acct 610-799, seconded by Mr Shanley, carried 8-0 CITY ATTORNEY'S MATTERS John Haye~ l~t~i there were no new developments in tl-Je utheran Medical Center matter, Lakemont Golf matter is scheduled for Municipal Court, he will IJfJrlate Council He requested a brief Exer.utive Session under section 5 7(b)(1)(A) -- Mr Merkl so moved, seconded by kr Shanley, carried b-O ELECTED OFFICIALS' MATTERS Elise Brougham asked that the baseball team be recognL'.ed sOIlJetinJe rluring tl-Je Carnation festival She moved tl-Jat in the future potential park properties be posted to let the neighborhJc1 know that a park is planned in tl-Jat area, that this request be forwarded via Mr wardle to the Parks Commission, seconded by t-'Jr t-'lerkl, carried 8-0 Tony FIasco asked regarding gas leakage at 44th & Newland, Mr Smith gave update on that Mr FIasco re~ommended that $1000 00 be put in next year's budget for a request from the Regional Air Quality Counr.il He made report available [roo tl-Je Alternate Fuels Task Force Kent Davis urged that to get out themselves addressed the earlier state:lJents by tl-Je Police Department and salaries and numbers of incumbents be published in the paper both sides of the issue I~d let the public determine for Consensus was 7-1 to do this with Mr Erlwards voting No Executive Session was held Meeting adjourned at 10 05 p IT, I I -- \ ! i. A I ----<; . -~..-..r v{Iz,[,t4 ,.;. . (/vW- ~~ Wanda Sang, Ci ty ry:lerk APPROVEL BY CITY CUUNCIL uN AUGUST 1~, 1991 bY A VOTE OF / //' ;( 1~:;L _ ____ Kent Davis, Council President 8 TO o