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Home My WebLink About04/28/1986 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO April 28, 1986 The City Council Meeting was called to order by the Mayor at 7 30 P m Councilmembers present Kent Davis, Tony FIasco, Doris Ibbison, Rod Johnson, Larry Merkl, Moe Keller, Randy West, and Claudia Worth Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes; Public Works Director, Ric Minetor, D~rector of Community Development, Charles Stromberg; Director of Parks, Richard Bredt; staff; and interested citizens APPROVAL OF MINUTES of April 14, 1986 Motion by Mr West for the approval of the Minutes of April 14, 1986; seconded by Mr Merkl; Mrs Worth requested that the Minutes be changed under City Attorney's Matters to read "a tour bus was ticketed for parking at a motel"; carried 8-0. Mayor Stites presented plaques to various Board and Commission Members CITIZENS' RIGHTS TO SPEAK There was no one present to speak LOCAL LICENSING AUTHORITY MATTERS Item 1 Application for a new Class J-l - 3 2% Beer License for Marv's Finer Foods, Inc , dba Marv's Finer Foods, located at 10019 W 26th Avenue, Wheat Ridge, Colorado Wanda Tyus, 1807 Yarrow Street, applicant, was present and sworn in by the Mayor, and answered Council's questions Motion by Mr West for approval 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 will be entitled to occupancy of the premises by virtue of a signed lease dated 2/15/86; 4) The members of the corporation have been shown by .investigation to be of good moral character; 5) The evidence adduced at the Public Hearing on April 28, 1986 established that the desires of the residents of the neighborhood under consideration are for granting this 1 cense, as evidenced by petitions bearing 67 signatures in favor of issuance, 9 signatures in opposition, and 24 signatures evidencing no opinion, and that issuance of this license is consistent with the needs of the neighborhood under consideration; seconded by Mr Davis; carried 8-0 Item 2 Approval of Transfer of Ownership of Keller's Place, 10080 W 44th Avenue, to an Lndividual ownership, Ann M Tiefert This ~s a Class G - Hotel & Restaurant Liquor License Applicant Ann M Tiefert was present, sworn in by the Mayor, and answered CouncLl's questions Motion by Mrs Keller to approve the CITY COUNCIL MINUTES April 28, 1986 Page -2- Transfer of Ownership from the individual ownership of Keller H Light, dba Keller's Place, 10080 W 44th Ave., Wheat R~dge, to an individual ownership, Ann M Tiefert This is a Class G - Hotel & Restaurant Liquor License; seconded by Mrs Ibbison; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 3 Application by Lou Ficco for approval of a Planned Building Group to allow multiple main structures on a single lot Said property is located at 11080 West 38th Avenue (Case No PBG-86-1) Mr Gidley presented the case Applicant Lou Ficco, 11035 W 38th Avenue, was sworn in by the Mayor Discussion followed Motion by Mr Davis of approval of Case No PBG-86-1 for the following reasons 1 The property is within the City of Wheat Ridge and all notification and posting requirements have been met and therefore there is jurisdiction to hear this case; 2 The applicant has met most of the requirements set forth under Section 27.8 2 c and the Plan is in compliance with Building and Fire Codes; 3 The Plan meets all minimum requirements for Residential-Three zoning With the following conditions 1 Exhibit "A" shall be the approved s~te plan 2 All illumination facilities be shown on approved site plan 3 The Declaration of Planned Building Group be placed on the final site plan to be submitted to the County for recordation 4 Aisle width of southern parking lot be increased to at least 22 feet in width by shifting parking to the north two feet This may result in a slight redesign of the size of units and building footprint; seconded by Mr West Mr Merkl amended that under condition 4 "north two feet" be changed to "south two feet"; seconded by Mrs Worth; carried 7-1 with Mr Davis voting No Mrs Keller stated she would be voting No, because the other building, Villa Victoria, has the same basic Blue Prints as this; it is a very cramped facility; too much on this small portion of land; not good for the neighborhood, or C~ty as a whole Motion as amended carried 7-1 with Mrs Keller voting No ORDINANCES ON FIRST READING Item 4 Council Bill 238 - An Ordinance providing for the approval of rezoning from Residential-Three to Planned Commercial Development and for approval of a Combined Outline and Final Plan and Plat on land located at approximately 9701 West 50th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-85-19) (Equity Builders) Council Bill 238 was introduced by Mrs Keller on first reading title read by Clerk; Motion by Mrs Keller that Council Bill 238 be approved on first reading, ordered published, public hearing be set for Monday, Hay 19 , 1986 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication; seconded by Mr Johnson; carried 8-0 CITY COUNCIL MINUTES April 28, 1986 Page -3- Item 5 Council Bill 239 - An Ordinance providing for the approval of rezoning from Commercial-One to Planned Commercial Development and for approval of a Combined Outline and Final Plan and Plat on land located at approximately 9800 West 50th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-85-20) (Equity Builders) Council Bill 239 was introduced by Mr Davis on first reading; title read by Clerk; Motion by Hr Davis that Council Bill 239 be approved on first reading, ordered published, public hearing be set for Monday, May 19, 1986 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication; seconded by Mrs Ibbison; carried 8-0 Item 6 Council Bill 240 - An Ordinance providing for the approval of a Special Use Permit to allow Major Mechanical Automotive Repair in a Commercial-One Zone District on land located at 6695 West 38th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No SUP-86-2) (Roy Swenson) Council Bill 240 was introduced by Mr. FIasco on first reading; title read by Clerk; Motion by Mr FIasco that Council Bill 240 be approved on first reading, ordered published, public hearing be set for Monday, May 19, 1986 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication; seconded by Mr Davis; carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 7 CONSENT AGENDA Motion that Resolutions 981, 982, 983, 984, and 985, be passed and the Mayor be authorized to sign the Intergovernmental Agreement entitled Request for Payment and certification of Use of Funds (Item 6A - 6E) A) Resolution 981 authorizing the Mayor to sign the Intergovernmental Agreement entitled Request for Payment and Certification of Use of Funds for Irrigation and Park Improvements at Wheat Ridge Park B) Resolution 982 - authorizing the Mayor to sign the Intergovernmental Agreement entitled Request for Payment and Certification of Use of Funds for Prospect Park Playground Equipment C) Resolution 983 - authorizing the Mayor to sign the Intergovernmental Agreement entitled Request for Payment and Certification of Use of Funds for Athletic Field and Parking Lot improvements at Prospect Park CITY COUNCIL MINUTES April 28, 1986 Page -4- D) Resolution 984 - authorizing the Mayor to sign the Intergovernmental Agreement entitled Request for Payment and Certification of Use of Funds for Tennis Court Improvements at Panorama Park E) Resolution 985 - Authorizing the Mayor to sign the Intergovernmental Agreement entitled Request for Payment and Certification of Use of Funds for Lighting Improvements at the Tennis Courts at Panorama Park F) (l & 2) Motion to award the contract for the Tennis Courts at Panorama Park (86-009A) to Malott, Peterson and Renner in the total amount of their bid of $81,882 00 plus 15% contingency of $12,283 00; and that the Director of Parks and Recreation be authorized to sign all change orders All costs to be charged to Account No. 32-601-889 Further motion to award the contract for the Lighting System of Tennis Courts at Panorama Park (86-009B) to Technology Constructors in the total amount of their bid of $34,965 00 plus a 15% contingency of $5,245 00; and that the Director of Parks and Recreation be authorized to sign all change orders All costs to be charged to Account No 32-601-889 F) (3) Motion to a~ard the contract for the Irrigation System and Seeding Project (#86-010) to Front Range Sprinkler Systems in the total amount of their bid of $68,871 00 plus a 15% contingency of $10,331 00; and that the Director of Parks and Recreation be authorized to sign all change orders All costs to be charged to Account No 32-601-858 F) (4 & 5) Motion to award the contract for the Athletic Field and Parking Lot Project at Prospect Park (86-011A) to Randall and Blake in the total amount of their bid of $78,036 00 plus a 15% contingency of $11,705 00; and that the Director of Parks and Recreation be author~zed to sign all change orders All costs to be charged to Account No 32-601-861 Further motion to award the contract for the Playground Equipment and Installation at Prospect Park (86-011B) to New Design Construction Company in the total amount of their bid of $14,000 00 with all costs charged top Account No 32-601-861 G) Motion to award the contract for the Wads~orth Blvd. _ Median Landscape Project (86-012) to Front Range Sprinkler Systems in the total amount of their bid of $20,909 00 plus a 15% contingency of $3,136 00 and th~t the Director of Parks and Recreation be authorized to sign all changes All costs to be charged to Account No 31-303-851 CITY COUNCIL MINUTES April 28, 1986 Page -5- H) Motion to award the contract for the parking Lot Light System at the Community Center to Green Hills Electric in the total amount of their bid less alternate of $6,180.00 plus a 15 % contingency of $927 00; and that the Director of Parks and Recreation be authorized to sign all change orders All costs to be charged to Account No 54-601-800-827 Further motion to transfer funds in the amount of $13,607 00 from Account No 54-601-700-795 to Account No 54-601-800-827 to cover all costs of Landscape and Parking Lot Light~ng for the Community Center I) Motion to adopt the Intergovernmental Agreement between the City of Wheat Ridge and the City of Lakewood for improvements to 26th Avenue between Wadsworth and Pierce as amended with the understanding that an approximate $28,000 will be encumbered at a future date for traffic signal improvements and resets J) Motion to award the contract for the 1986 Curb, Gutter and Sidewalk Program to T Lowell Construction Company in the total amount of the_r bid of $101,240 00 plus a 15% contingency of $15,186 00; and that the Director of Public Works be authorized to sign all change orders Further motion to approve a force account of $10,000 00 for work by others necessary for this project, and all costs for this project be charged to Account No 31-303-842 Resolution 986 - author_zing the Mayor and City Clerk to execute an amendment to the Intergovernmental Agreement between the Cities of Wheat R~dge and Lakewood dated January 19, 1983 Motion by Mr Merkl for the approval of Items A), F)3, G), H), I), J), and Resolution 986 as printed; seconded by Mrs Keller; carried 8-0 Mrs B) as No Worth pulled Items B), C), D), E), F)l & Motion by Mrs Keller to approve B), C), printed; seconded by Mrs Ibbison; carried 2, F)4&5 Discussion on D), F)l&2, F)4&5, and E) 7-1 with Mrs Worth voting Item 8 Resolution 987 - transferring funds for the purchase of Park Land located at West 38th Avenue between Owens and Parfet Resolution 987 was introduced by Mr Johnson; title read by the Clerk. Mr Davis stated that he feels the contract is still good, because of contingency A in contract Mr Hayes replied that the contract is terminated because it didn't close on time (March 3, 1986) $155,OOO was based on appraisal County Assistant Attorney has declined to purchase this property with Open Space money until the zoning application is withdrawn Mr Davis asked for letter of release from Bailey Construction, that the contract is no longer valid Motion by Mr Johnson for the adoption of Resolution 987; seconded by Mrs Keller Mr Davis asked for a friendly amendment to include the items discussed with Mr Hayes, letter of release from contract from Bailey CITY COUNCIL MINUTES April 28, 1986 Page -6- Construction Motion-maker and second accepted this as part of their motion Mr Davis stated he will be voting No, because City is not in a position to spend $155,000 out of unallocated funds, with no guarantee when Open Space would be refunding this to us; feels the reason they didn't act on this, are the very problems we went over tonight; feels the property is in a poor spot for a park and not large enough for this kind of action Motion carried 7-1 with Mr Davis voting No CITY ADMINISTRATOR'S MATTERS Tom Palmer spoke regarding the pickup of tree branches--one chipper crew is working from east to west; new chipper will be in in a few days and we will put a crew on to work in getting branches picked up CITY ATTORNEY'S MATTERS John Hayes addressed the FCC adoption of Rule on Zoning Regulations for Satellite Dishes on March 14, 1986 Our Ordinance needs prefatory language He gave out a letter from Earl Moyer, lawyer for the Rockette Bar Liquor Violation Hearing is to be set after May 14, 1986 ELECTED OFFICIALS' MATTERS Moe Keller asked Mr Palmer about the Air Pollution Committee Meeting The topic is sharing of vehicles that go home with employees. Check with Patty Crew and Jaci Wedding on presentation She would like to compliment Eric Stene on Wheat Ridge Quarterly; keep up that quality There has been an increase in Semi-truck and tractor parking on empty field at 44th & Holland; a trailer was abandoned there for a week; asked police to keep an eye on that Rod Johnson addressed the Police Computer Gary Maas has been negotiating with Data Tech and has an agreement on an extra 5% discount, potential 10% discount, with no cash out, no interest, and 12 month installment plan Larry Merkl complained about weeds outside the back door of City Hall; we need to clean up our act before we try to clean up anybody elses. Motion by Mr West to appoint Wilbur F Herbert and Karla Fish Nostas to the Arborist Board; seconded by Mr Johnson; carried 8-0 He spoke regarding the Community Corrections Board's concerns about the Cen~kor program; clients are not screened; they are trying to get legislation passed for Corrections Board to screen clients. Board hopes to use Jefferson County General Annex for runaways--2000 reported runaways in Jefferson County in 1985 Tony FIasco called Council's attention to the Special Meeting on May 13, 1986 at the Tabor Lake Inn CITY COUNCIL MINUTES April 28, 1986 Page -7- Claudia Worth commented on truck parking; sent memo to Tom Palmer and Chief Jaquay. Perhaps an off-ramp sign posted "We do not allow truck parking- reference Ordinance 576" Public Works is refining wording on signs Motion by Mrs Worth to adjourn; seconded by everyone; carried 8-0. Meeting adjourned at 9 15 p m / erk APPROVED BY CITY COUNCIL ON MAY 12, 1986 BY A VOTE OF ~ TO ( ,~ /7 /-L ", . ., J-c... ,'- _<< ,,--I: .' CCc . .\ Kent Davis, Council President