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Home My WebLink About07/27/1987 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE. COLORADO JuIL..'?'L.-.!987 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Kent Davis, Doris Ibbison, Rod Johnson, Larry Merkl, and Moe Keller Councilmembers Randy West, Claudia Worth, and Tony FIasco were absent Also present City Clerk, wanda Sang, Acting City Administrator and Chief of Police, Howard Jaquay, City Attorney, John Hayes, Chief of Planning, Glen Gidley, Director of Parks, Richard Bredt, staff, and interested citizens APPROVAL OF MINUTES of July 13, 1987 Motion by Mrs Keller for the approval of the Minutes of July 13, 1987 with the following correction Under ELECTED OFFICIALS' MATTERS the words Rainbow Bridge should be changed to Rainbow Ridge, seconded by Mr Davis, carried 5-0 PROCLAMATIONS AND CEREMONIES Mayor Stites administerea the Oath of Office to Raymond H Huck, newly appointed Arborist Board MemLer CITIZENS' RIGHT TO SPEAK Dougal Graham, 3330 Chase Street, gave tribute to Wheat Ridge library and librarian, Nat Greer Kenneth Adams, 3505 Marshall Street, stated he and his neighbors support the Wheat Ridge Library, they do not appreciate the governing board trying to retire the librarian, Nat Greer He requested Council to mention the conduct of the Board to the County Commissioners LOCAL LIQUOR LICENSING AUTHORITY MATTERS Ite~-1~ Application to approve the Transfer of Ownership from Peaches, Inc , 7777 W 38th Avenue, A-l, Wheat Ridge, Colorado, to BSH, Inc , dba Peaches Applicant Scott Slade was present and sworn in by the Mayor Motion by Mr Davis to approve the transfer of ownership from Peaches, Inc , dba Peaches, 7777 W 38th Avenue, A-l, ~heat Ridge, Colorado, to BSH, Inc This is a Class G - Hotel & Restaurant Liquor License with extended hours, seconded by Mrs Ibbison, carried 5-0 CITY COUNCIL MINUTES July 27, 1987 Page -2- Item 2 Application to approve the Transfer of Ownership from honald E Graebing, dba Hillcrest Liquors, 4403 WaQsworth Blvd , Wheat Ridge, Colorado, to Hillcrest Liquors, Inc Applicant Ronald E Graebing was present and sworn in by the Mayor Motion by Mrs Ibbison to approve the transfer of ownership from Ronald E Graebing, dba Hillcrest Liquors, to Hillcrest Liquors, Inc This is a Class D - Retail Liquor Store License with extended hours, seconded by Mrs Keller, carried 5-0 Item-1_ Application for a Special Events Permit for the Muscular Dystrophy Association to dispense 3 2% Beer at the location of 38th & Youngfield in the Applewood Village Shopping Center, Wheat Ridge, during the Carnation Festival on 8/20/87 through 8/23/87 Chairman of the Carnation Festival, ~ayne McKee, was present, representing ttJe applicant tvlotion by Mr tvlerkl to approve the Special Events Permit for the Muscular Dystrophy Association at the location of 38th ana Youngfiela, in the Applewood Village Shopping Center, Wheat Ridge, to dispense j 2% beer on 8/20/87 from 5 00 p m. to 11 00 pm, 8/21/87 from 5 00 p m to 11 00 pm, 8/22/87 from 10 00 a m to 11 00 pm, and on 8/23/87 from 10 00 a m to 11 00 pm, seconded by Mrs Ibbison, carried 5-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 4 Application by Lutheran Medical Center for approval of a Planned Building Group Plan for property bounded generally by West 33rd Avenue, Extended, West 38th Avenue, Dudley Street and Allison Street Extended (Case No PBG-87-1) Glen Gidley presented the case Councilmember Davis stated that he and his family have been represented on several occasions by Robinson & Shearer, who are the attorneys for Lutheran Medical Center He has not discussed this hearing or case with them and plans to hear the case and vote on it Chair accepted this Speaking in favor a~d sworn in by the Mayor were Dick Taylor, 11269 h 74th Place, representing Lutheran Medical Center, and Dick Shearer, 661U W 14th Avenue, who addressed the development Elizabeth Myer~, 9120 W 35th Avenue, read a statement into the record and presented petitions in support of the Lutheran plan Dr Ramona Reed, 101b? W 4~th Ave, adoressed the concerns of the neighborhood as to the type of patients the facility will have Dr. David ~ahl, 12600 W Colfax, also addressed the concerns of the neighborhood as to the hospital Speakinb in opposition were Ervin H Bel~, 3660 Allison Ct , who related the problems he and his neighbors have had with Lutheran Hospital, he feels the development is something the City cannot afford Al Thomas, 3625 Allison Ct , who spoke about his problems with Lutheran's paving that was previously done Bob Anz~ 3328 S Allison 'v~ay, answered questions regaraing traffic CITY COUNCIL MINUTES July n, 1987 Page -3- Discussion followed Tom Ste~bau~, 4125 Yarrow Ct , answered questions on removal of Elue House Mr Goebel recommended to add the following conditions to the motion 1 12 feet of right-of-way be dedicated along 38th Avenue for an additional travel lane, a sixth lane on 38th Avenue, either be constructed by Lutheran prior to their build-out or that they participate in the cost associated with construction at the time the City reconstructs 38th Avenue, which is currently scheduled for 1991 2 Lutheran be responsible for costs associated with modifications to the existing signal on W 38th Avenue, required to accomodate both initial and final construction 3 Lutheran install a traffic signal at the W 32nd Avenue access when signal warrants are met Motion by Mr Davis that Case No PBG-87-1 be approved for the following reasons 1 All requirements for a Planned Building Group have been met 2 The Psychiatric Center is a use-by-right in the Hospital-Two Zone District 3 Staff and Planning commission recommend approval With the conditions recommended by Mr Goebel (listed above) Mr Merkl asked to add another condition as a friendly amendment The drainage plan be approved by staff This was accepted by the motion maker Motion by Mr Merkl to amend that the Blue House is saved or moved, seconded by Mr Johnson, carried 4-1 with Mr Johnson voting NO Vote on original motion as amended carried 5-0 Mr Merkl clarified that the vote was a legitimate bood faith effort to save the Blue House ORDINANCES ON FIRST READING Item 5_ An Ordinance amending Chapter 12, Motor Vehicles and Traffic, of the Code of Laws of the City of Wheat Ridge, by adding thereto Article III, Emissions from Gasoline or Diesel Engines, and providing a penalty for violation thereof (Council Bill 305 ) Council Bill 305 was introduced by Mrs Keller on first reading, title read by Clerk Mrs Keller explained the Ordinance and made an amendment to Section 12-11 twenty 20% should be forty 40% Motion by Mrs Keller that Council Bill 305 with amendment be approved on first reading, ordered published, public hearing be set for Monday, August 24, 1987 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconded by Mr Merkl Mr Davis will vote No, because he has a problem with someone with two hours traininb is authorized to write tickets Motion carried 4-1 with Mr Davis voting No CITY COUNCIL MINUTES July 27, 1987 Page -4- Item-2._ An Ordinance providing for the approval of a change of conditions on a Special Use Permit for automotive repair on land located at 5038 Kipling Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Council Bill 306) (Case No SUP-87-3) (Edward Brown for James E Lakin) Council Bill 306 was introduced by Mr Davis on first reading, title read by Clerk Motion by Mr Davis that Council Bill 306 be approved on first reading, ordered published, public hearing be set for Monday, August 24, 1987 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 Keller, carried 5-0 Council Bill 307 - An Ordinance repealing and reenacting various sections of Chapters 4 and 15 of the Code of Laws of the City of Wheat Ridge, substituting the position of "Animal-Park Enforcement Officer" for the positions of "Animal Control Officer" and "Park Ranger" respectively Council bill 307 was introduced by Mr Merkl on first reading, title read by Clerk Motion by Mr Merkl that Council Bill 307 be approved on first reading, ordered published, public hearing be set for Monday, August 10, 1987 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication, seconded by Mr Johnson, carried 5-0 DECISIONS, RESOLUTIONS, AND MOTIONS IteHI-1~ Resolution 1044 - authorizing use of the public right-of-way by the wheat Ridge Carnation Festival, Inc , to post signs exempt from regulation advertising the Wheat Ridge Carnation Festival Resolution lu44 was introduced by Mrs Ibbison, title read by the Clerk Motion by Mrs Ibbison for the adoption of Resolution 1044, seconded by Mr Merkl, carried 5-0 Item 8. Resolution 1045 - authorizing the Jefferson County Open Space officials to secure professional appraisal on and acquire the Bowser property, consisting of eight acres, North of 44th Avenue and Everett Street, located in Wheat Ridge, Colorado Resolution 1045 was introduced by Mrs Keller, title read by the Clerk Motion by Mrs Keller for the adoption of Resolution 1045, seconded by Mrs Ibbison, carried 5-0 Item 9. Motion by Mr Johnson that the City concur in the State's awardof the West 44th Ave (Youngfield to Tabor) project to B T Construction, Inc , ana that the City's share of this project be charged to Account #31-303-852 I further move that we transfer $25,000 from Account #31-302-7~5 to Account #31-303-852 to cover the expected additional City share of $540,746 75, seconded by Mrs Keller, carried 5-0 CITY CUUNCIL MINUTE~ July 27, 1987 Page -5- Item 10. Motion by Mr Johnson that the City purohase plans for a 48 foot by 56 foot salt storage building from Advanced Storage Technology, Inc for a total cost of $7,000, all costs to be charged to Account #01-303-812, seconded Ly Mr Merkl, carried 5-0 Item 11. Motion by Mr Davis that the curb, gutter and sidewalk program contract overrun amount of $1,461 57 be paid to Concrete Works of Colorado and charged to Acoount #31-302-795, seconded by Mr Johnson, carried 5-0 Item 12 Motion by Mr Davis to award the contract for the Harl~n Street Drainage Project to B T Construction, Inc , in the amount of their bid of $573,603 00 plus a 10% contingency for a total of $630,963 00, and that a force account of $15,000 00 be established for work to be accomplished by others on this project I further move that the Director of Public Works be authorized to sign all change orders up to the amount of encumbered funds It is also moved that $46,000 00 be transferred from Account #31-302-795 to Account #jl-302-829, and that all costs be charged to Account #31-302-829, seconded by Mrs Keller, carried 5-0 Ite~~ Motion by Mr Merkl that the City Council accept the Quit Claim Deed at 11072 West 44th Avenue and that the $10 00 be charged to Account #01-302-793, seconded by Hrs Keller, carried 5-0 Item 14 Motion by Mr Johnson that the Mayor be authorized to sign the Inter-governmental Agreement for the overlay of h 26th Avenue between Oak Street and Kipling Street I further move that the Director of Public works be authorized to approve all change orders All charges for this project are to be taken from Capital Improvements Account #31-303-884 and the total of charges shall not exceed $15,000, seconded by Mr Merkl, carried 5-0 Item 15 Motion by Mrs Keller that the City's boiler insurance coverage be renewed through Fred S Colorado, Inc , at a cost of $4,677 00 to be #610-781, seconded by Mr Merkl, carried 5-0 and machinery James of charged to Account Item 16 Motion by Mr Davis that a Study Session be held on August 17, 1987 at 7 30 P M to review the report of the Salary/Step System Committee and to meet with the ad hoc Financial Committee, seconded by Mrs Keller, carried 5-0 Item~ Motion by Mrs Keller to approve the purchase of Night Vision Equipment from Tuxall Uniform and Equipment, Inc , for the total amount of their bid of $3,821 00 with all costs to be charged to Account #202-804, seconded by Mr Davis, carried 5-0 CITY COUNCIL MINUTES July 27, 1':187 Page -6- Item-1~ Single Family Mortgage Bond Prograrrl - 1987 Motion by Mr Merkl that staff prepare Inducement Resolution and other Resolutions as necessary and to put this on the August 10, 1987 Agenda, seconded by Mrs Keller, carried 5-0 CITY ATTORNEY'S MATTERS John Hayes reported that he was able to contact the attorney for the owners of the property near the truck stop about giving us a letter of authorization to ticket offending parking vehicles He is discussing that with his client and will get back to him Mr Hayes expects a favorable response John Hayes and Charles Stromberg will meet with the Trammel/Ross/Crow folks on July 28, 1987 to continue discussion on the development disposition agreement in the Time Square area The contract with BBC has been negotiated, prepared, and forwarded to BBC for their signature He expects to get that back ana forwara it to the Mayor for signature this week He oft ered his apology for the way the Ordinance (C B 307) was brought in this evening He felt is was important to bring it in and act on it quickly ELECTED OFFICIALS' MATTERS Jim ~alone addressed the 3-year audit that was just completed by Gruenler & Assoc Council needs to decide if we go out for RFP's for new aUditors and if we want a 1, 2, or 3-year term Motion by Mr Johnson for Mr Malone to go out with RFP's for a 3-year audit, seconded by Mrs Ibbison, carried 5-0 Larry Merkl brought up the discussion earlier about the wheat Ridge Library He ~ed to bring in a Resolution on August 10 in support of the library and a request that Jeffco Library Board retain Nat Greer as the librarian at the Wheat Ridge Library, seconded by ~r Johnson, carried 5-0 Resolution is to be sent to Library Board and Jeffco Commissioners Moe Keller asked ~lr Goebel about negotiations with the construction people on 44th Avenue, has owner of that parcel of land, that causes so many problems for parking construction vehicles, been contacted for leasing? Property is between Tabor Lake Inn and Book Store Are negotiations under way by Public Works De~artment to get in touch with property owners, so construction vehicles can be parked there? Mr Goebel replied, not that he is aware of Mrs Keller asked what the feeling was to put a fence up at that property, like it was done before Mayor Stites stated that he believes that it is up to the contractor to find his own place to park his vehicles CITY CuUNCIL MINUT~S July 27, 1987 Page -7- Mrs Keller addressed the property south of West 44th Avenue, west of Ki~ling, that is up for sale Is that the Zarlengo pro~erty? Does City Council want to try to get an appraisal for it to be bought for the Greenbelt by Open Space? Acting Administrator Jaquay stated this is already being looked into Motion by Mrs Ibbison to have the attorneys for EDARC present at the pre-meeting on August 3, 1987, seconded by Mrs Keller, carried 5-0 She addressed the residents on Wadsworth since Allison Street that Allison be opened back up back to Street Committee 35th Avenue having a problem getting on has been made a cul-de-sac They ask Council feels this should be referred Wanda Sang mentioned a problem at Panorama Park with edging around the newly landscaped area, a dog was cut up pretty bad when he stepped on it Mayor asked Chief Jaquay to look into this Motion by Mrs Keller to adjourn, seconded by Mr Merkl, carried 5-0 Meeting adjourned at 10 15 P m I I _ Y' ''___.....:/'{ >J l. ; l f " wanda Sang, .( ><., , / '/. <- <.,' -...-.- City Cler;tk ~ // /< C_1 Kent Davis, APPROVED BY CITY COUNCIL BY A VOTE OF ---l!.._ to .-JL_ ON AUGUST 10, 19C17 I Al:.<< <'1 Council President