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Home My WebLink About05/12/1986 May 12, 1986 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 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; Chief of Police, HOward Jaquay; Public Works Director, Ric Minetor, Director of Community Development, Charles Stromberg; staff and interested citizens APPROVAL OF MINUTES of April 28, 1986 Motion by Mrs Keller for the approval of the Minutes of April 28, 1986; seconded by Mr Johnson; carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Stites administered the Oath of Office to newly appointed Board and Commission members Municipal Clerk's Week 1986 - May 18 - 24, 1986 Mayor Stites presented proclamation to Wanda Sang Public Works Week - May 18 - 24, 1986 Mayor Stites presented proclamation to Thomas Palmer Wheat Ridge Tourism Week - May 18 - 24, 1986 Mayor Stites presented proclamation to Ann Williams CITIZENS' RIGHTS TO SPEAK Leland Gillan, 5126 W. 38th Avenue, addressed Fast track on proposed subdivision at approximately West 38th Avenue and Simms Street Me Laughlin's Applewood cites interest rates are main concern. Requested this to be on Council for first reading before being heard by Planning Commission with second reading on June 23, 1986 Motion by Mr Merkl for approval of the request of Fast Track on first reading; seconded by Mr Davis; carried 7-1 with Mr. FIasco voting No Warren Johnson, 11680 West 44th Avenue, addressed request for a hearing for a Final Plat and Plan that he can not get before Planning Commission before July 10, 1986 Mr Johnson felt that double advertising would help speed this up Discussion followed CITY COUNCIL MINUTES May 12, 1986 Page -2- Motion by Mr Merkl to allow double advertising for Prospect park Place for Final Site Plan approval and requested Planning Commission to look at possibility of holding an extra meeting or two a month until the back log is taken care of; seconded by Mrs. Ibbison; carried 7-1 with Mr FIasco voting No Motion by Mr West to move Item 12 up to Item 2 and renumber other Items accordingly because there were so many people present to speak on Item 12; seconded by Mrs Worth. Mr Davis stated that the items in front of Item 12 ....ould not take long because all ....ere first readings for motions and resolutions, Mr Davis stated that he would be voting against this; motion failed 4-4 with Councilmembers Ibbison, JOhnson, Davis and Merkl voting No LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1. Motion by Mr Davis for the approval of the Transfer of O....nership from Jacklyn D Walker, dba Valley Liquors, 4990 Ward Road, to an individual owner, Leroy Anthony Cerrone. This is a Class D - Retail Liquor Store License; seconded by Mr West; carried 8-0 ORDINANCES ON FIRST READING (NO PUBLIC TESTIMONY) Item 2. Council Bill 241 - An Ordinance providing for the approval of rezoning from Restricted-Commercial to Commercial-One on land located at 6601 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-86-4) (Michael Jens for Total Petroleum, Inc ) Council Bill 241 ....as introduced by Mr Merkl on first reading; title read by the Clerk; Motion by Mr Merkl that Council Bill 241 be approved on first reading, ordered published, public hearing set for Monday, June 9, 1986 at 7:30 p m in the City Council Chambers, Municipal Bldg , and if approved on second reading take effect 15 days after final publication; seconded by Mrs. Keller; carried 8-0. Item 3. Council Bill 242 - An Ordinance providing for the approval of a Special Use Permit to allo.... Gasoline Sales in a Commercial-One Zone on land located at 6601 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-86-4) (Michael Jens for Total Petroleum, Inc Council Bill 242 was introduced by Mr. Merkl on first reading; title read by the Clerk; Motion by Mr Merkl that Council Bill 242 be approved on first reading, ordered published, public hearing set for Monday, June 9, 1986 at 7 30 P m in the City Council Chambers, Municipal Bldg , and if approved on second reading take effect 15 days after final publication; seconded by Mrs Keller; carried 8-0 CITY COUNCIL MINUTES May 12, 1986 Page -3- Item 4. Council Bill 243 - An Ordinance providing for the approval of rezoning from Restricted-Commercial to Commercial-One on land located at 12300 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-86-5) (Michael Jens for Total Petroleum, Inc ) Council Bill 243 was introduced by Mr Davis on first reading; title read by the Clerk; Motion by Mr Davis that Council Bill 243 be approved on first reading, ordered published, public hearing set for Monday, June 9, 1986 at 7 30 P m in the 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 Item 5 Council Bill 244 - An Ordinance providing for the approval of a Special Use Permit to allow Gasoline Sales in a Commercial-One Zone on land located at 12300 West 44th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-86-5) (Michael Jens for Total Petroleum, Inc ) Council Bill 244 was introduced by Mr Davis on first reading; title read by the Clerk; Motion by Mr Davis that Council Bill 244 be approved on first reading, ordered published, public hearing set for Monday, June 9, 1986 at 7 30 P m. in the City Council Chambers, Municipal Bldg , and if approved on second reading take effect 15 days after final publication; seconded by Mr. West; carried 8-0 Item 6 Council Bill 245 - An Ordinance providing for the approval of rezoning from Agricultural-One to Cownercial-One on land located at the Northeast and Northwest corners of West 1-70 Frontage Road North and Parfet Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-86-10) (James M Sullivan) Council Bill 245 was introduced by mrs Ibbison on first reading; title read by the Clerk; Motion by Mrs Ibbison that Council Bill 245 be approved on first reading, ordered published, public hearing set for Monday, June 9, 1986 at 7 30 P m in the City Council Chambers, Municipal Bldg , and if approved on second reading take effect 15 days after final publication; seconded by Mrs. Keller; carried 8-0 Item 7. Council Bill 246 - An Ordinance providing for the approval of a Special Use Permit for Major Mechanical and Auto Body Repair for Automobiles and Small Trucks on land located at the Northwest Corner of West 1-70 Frontage Road North and Parfet Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-86-10) (James M Sullivan) Council Bill 246 was introduced by Mrs. Keller on first reading; title read by the Clerk; Motion by Mrs Keller that Council Bill 246 be approved on first reading, ordered published, public hearing set for Monday, June 9, 1986 at 7 30 P m in the City Cquncil Chambers, Municipal Bldg , and if approved on second readlng take effect 15 days after final publication; seconded by Mr Merkl; carried 8-0 CITY COUNCIL MINUTES -May 12, 1986 Page -4- Item 8. Council Bill 247 - An Ordinance providing for the approval of a Special use Permit to allo# Major Vehicle Parking on land located at 9920 West 49th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-86-3) (Sixpence Inns of America) Council Bill 247 was introduced by Mr Merkl on first reading; title read by the Clerk; Motion by Mr Merkl that Council Bill 247 be approved on first reading, ordered published, public hearing set for Monday, June 9, 1986 at 7 30 p.m. in the City Council Chambers, Municipal Bldg , and if approved on second reading take effect 15 days after final publication; seconded by Mr Davis; carried 7-1 with Mr West voting No DECISIONS, RESOLUTIONS, AND MOTIONS Item 9 Resolution 988 - converting mandatory employee retirement contributions to the Colorado Counties and Employees Retirement Association to a Tax Deferred Plan Resolution 988 was introduced Motion by Mrs Ibbison for the Mr West Discussion followed by Mrs Ibbison; title read by the Clerk; adoption of Resolution 988; seconded by Motion carried 8-0 Item 10 Motion that the purchase of hardware from Digital Equipment Corporation and software from Command Date Systems be approved, and that the Mayor be authorized to sign the originals of the attached contracts for same; and that funds for such purchases be taken from Account #01-05-201-776 and 01-05-201-809 as budgeted Motion by Mr. Merkl that the purchase of hardware from Digital Equipment Corporation and software from Command Data Systems be approved, and that the Mayor be authorized to sign the originals of the attached contracts for same; and that funds for such purchase be taken from Account #01-05-201-776 and 01-05-201-809 as budgeted Mrs. Ibbison stated that she would like it made part of the record that due to Mr Johnsons recommendations and advice the City of Wheat Ridge will save approximately $31,000 00 over a five year period Motion seconded by Mr West; carried 7-1 with Mr FIasco voting No CITY COUNCIL MINUTES May 12, 1986 Page -5- Item 11 Bid Award for 47th & Lamar Drainage project. Motion by Mr FIasco that we award the contract for the 47th Avenue and Lamar Street Drainage Improvement project, Schedule II, to Binder Construction Company in the total amount of their bid of $390,718 45, plus a 15% contingency for a total of $449,326 00; and that the Director of Public Works be authorized to sign all change orders. Further motion that we approve a force account of $10,000 00 for work required by others necessary for this project, and that all costs for this project be charged to Account #31-302-837 A transfer of funds will be necessary to cover all costs of this project, therefore, further motion to approve $90,000 00 be transferred from Account #31-304-843 (Traffic Signals) and $70,000 00 be transferred from Account #31-302-822 ( Miscellaneous Drainage Projects) to Account #31-302-837; seconded by Mr Davis; carried 8-0 Item 12. Discussion regarding proposed study for Clear Creek Crossing between Young field and Kipling Acting Public Works Director Ric Minetor gave explanation of this item Consensus of Street Committee was 7-1 for a study for a feasible crossing Speaking in opposition for the bridge and study was HOward Long, 4251 Parfet, Frankie Goodard and Dr William Goodard, 1105 W 41st Place, Phil Plumber, 10398 W 41st Avenue, Wayne Avis, 10870 W 41st Avenue, John Breeze, 11525 W 38th Avenue, Linda Slater, 3501 Parfet, Fred weaver7 4086 Oak, Tom Klinger, 11735 W 38th Avenue, Phyllis Lancaster, 4076 Everett, Lee Fisher, 11301 W 40th Avenue, Jay Falana, 3991 Miller Court, Janette Shaver, 4355 Newland, James Mosley, 11325 W 40th Avenue, Dougal Graham, 3330 Chase Street, John Babcock, 3580 Miller Street, Louise Turner, 11256 W 38th Avenue, George Langdon, 3570 Miller, Tex Cush, 4000 Newman, Carol Dolan, 11680 W 35th Avenue, and Martha ShaCkIe'tt, 3592 Simms Street. Motion Mrs Keller the City Council deny request of the Street Committee for a bid to go to a consultant for a crossing between Youngfield and Kipling over Clear Creek; seconded by Mrs Worth Mr Davis stated he will be voting No because we are going for a request, not even a study but merely a request, with the future development out there, the least we can do is get a request proposal out Mr Davis would be the last one to vote for any massive amount of money to go to a study Motion by Mr Merkl to include in Mrs. Keller's motion if it would be agreeable to make this a budgeted item next year or to look at doing it in-house this fall, just a feasibility study Mrs Keller stated that she would not except this as a friendly amendment Vote on Mrs. Keller's motion failed 3-5 with Mrs Keller, Mr West and Mrs Worth voting Yes. Motion by Mr Merkl that at present time recommendation from Street Committee be put off and that a feasible study only be done in-house in the Fall to see if it is even worth the time to look at a road across Clear Creek; seconded by Mr Johnson; carried 5-3 with Mrs Keller, Mrs Worth, and Mr West voting No CITY COUNCIL MINUTE~ _ May 12, 1986 Page -6- Item 13. Acceptance of Right-of-Way for 44th Avenue betNeen Parfet and Kipling Motion by Mrs Worth that the City accept the attached deed and reimburse the grantor of the Quit Claim Deed $10 00 each, and reimburse the grantor of the Warranty Deed $1,605 00 upon execution of the deed; all costs to be charged to Account #31-303-854; seconded by Mr. West; carried 8-0 Item 14 Local Streets Program for 1986 Speaking in opposition of curbs and gutters on NeNland Street were Larry Peltz, 2701 Newland Street, stated that the City picked the area where he lives and he does not want curb and gutter in his area Ardath Peterson, 6601 W 26th Avenue, stated that she loves relaxed and structured street and does not want curbs and gutter Also speaking in opposi.tion were Bill Peterson, 6601 W. 26th Avenue, Elaine Noland, 2669 Newland Street, Edward Hurley, 2837 Quay Street, George Robinson, 2661 Newland Street, Matt Triblhorn, 2880 Newland Street, Dougal Graham, 3330 Chase, Pat Triblhorn 2880 Newland Street,and Bill Ecklemeyer, 2695 Newland Street. Motion by Mr Davis to remove Newland Street off the Street Program; seconded by Mr West Further motion by Mr. Davis to also remove Quay Street; seconded by Mr. West; carried 7-1 with Mr Merkl voting No Motion by ~1rs. Ibbison to reconsider; seconded by Mr Johnson; failed 3-5 with Mrs Ibbison, Mr. Johnson and Mr. Merkl voting Yes Item 15 Acceptance of Annual Audit submitted by Gruenler and Associates Motion by Mr. Johnson that the 1985 Annual Audit for the City of Wheat Ridge, submitted by Gruenler and Associates, be approved; seconded by Mr. Merkl; carried 8-0 CITY ADMINISTRATOR'S MATTERS CITY ATTORNEY'S MATTERS Mr Hayes reported that 38th and Owens Park purchase had hit a snag, between Mr Celeano and Mr Bailey Mr Bailey wnnted reimbursement from Mr Celeano Mr Bailey may file lispendence Mr. Hayes suggested City Council approve the contract to be signed by the Mayor, and tender the refundable earnest money as discussed last meeting with the understanding that there can be no closing without either a release from Mr Bailey or some other adequate mechanisim whereby the City can obtain claim title. Mr. Hayes requested that at the end of the regular meeting adjourn to Executive Session under 5 7Bla to discuss a lawsuit which has been filed against the City and about Nhich all City Council members had received copies of the letter from the Insurance Co , and also discuss matters related to legal strategy regarding 38th and Owens situation Motion by Mr Merk-l to adjourn to Executive Session; seconded by l'1r West; carried 8-0 CITY COUNCIL MINUTES May 12, 1986 Page -7- Mr Hayes stated that it is appropriate to authorize the Mayor and City Clerk to sign the purchase contract and for the Treasurer present the Mayor for payment to the owner the refundable earnest money; Motion by Mr Johnson; seconded by Mr Merkl Mr FIasco stated that he would be voting No because he would like to discuss the legal complications first and then come back and take care of it Mr Davis stated that he would be voting No because we had not seen the contract and we do not know if it is refundable or not, that was not his terms, but our terms we would be voting on something we do not know about. Mayor Stites stated that because of the nature of this particular discussion and because we do not understand everything, Chair rules to go into Executive Session immediately Executive Session was held. Mr Johnson amended earlier motion to authorize the Mayor to sign the contract to include in contract that there be adequate release from Mr Bailey and all parties be required to be released; seconded by Mr. Merkl; carried 7-1 with Mr Davis voting No. Motion by Mr. Merkl to suspend the rules and go past 11 00 P m. and complete the Agenda and adjourn immediately after the Executive Session; seconded by Mrs Worth; carried 6-2 with Mr Johnson and Mr Davis voting No ELECTED OFFICIALS'MATTERS Wanda Sang addressed her going to Boston the week of May 19, for the Clerk's Conference Mrs Keller noted that there will be an Air Pollution Meeting May 29, and passed out a memo from Evelyn Philip about Truck Parkinq requests new provisions Mr Davis reminded Council of the Special Meeting Tuesday, May 12 at Tabor Lake Inn at 7 00 P m He also addressed patrolling the speeding on of 44th Avenue between Wadsworth and Dover Mr Merkl spoke regarding the Community Development meeting and that it is very hard to get a meeting, he had not forgotten Mr. Merkl also stated that the tree branches are being picked up and after that the weeds would be pulled Mr West clarified the meeting at 7 00 P m at Tabor Lake Inn - - CITY COUNCIL MINUTES May 12, 1986 Page -8- Resolution 989 - A Resolution authorizing the Allocation, Expenditure and Transfer of monies for a Tourism Brochure Resolution 989 6as introduced by Mrs. Worth; title read by the Clerk. Motion by Mrs Worth for approval; seconded by Mr West; carried 8-0. Executive Session 6as held ADJOURNMENT Meeting adjourned at 12 00 midnight ,,--...\"' ~'l\" \-\~ "-' ,r:: i\\J:::> Christa Jones, Deputy City Clerk signed for Wanda Sang, City Clerk Approved by City Council on May 19, 1986 by a vote of ~ to ~ /, ~ / ,[ ..A ~~ Ci /'..)~<. "'- ..j Kent 0 Davis, Council President