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HomeMy WebLinkAbout05/09/1988 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO May 9, 1988 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Kent Davis, Tony FIasco, Doris Ibbison, Larry Merkl, Moe Keller, Nancy Snow, Randy West, and Claudia Worth. Also present City Clerk, Wanda Sang, City Administrator, Mike Smith, City Attorney, John Hayes, Director of Community Development, Glen Gidley, staff, and interested citizens PROCLAMATIONS AND CEREMONIES Municipal Clerk's Week - May 8 - 14, 1988 National Public Works Week - May 15 - 21, 1988 Mayor Wilde read the Proclamations into the record APPROVAL OF MINUTES of April 25, 1988 and May 2, 1988 Motion by Mrs Ibbison for the approval of the Minutes of April 25, 1988, seconded by Mr West Mrs Worth asked that on page 5 the spelling of the word "Joseph" be corrected and on page 7 Mrs Worth questioned if she voted no on the adjournment or if it was Mr~ Keller Motion carried 8-0 Motion by Mrs seconded by Mr Keller for the approval of the Minutes of May 2, 1988, Merkl, carried 8-0 CITIZENS' RIGHTS TO SPEAK City Clerk, Wanda Sang, read a letter into the record protesting the petitions turned in to the Wheat Ridge City Council on April 25, 1988 concerning agenda item 5 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 A request for approval to amend the Comprehensive Plan, Major Streets Plan (Page V-26), from "Local" to "Exempt Local" for Lamar Street between West 26th Avenue and West 29th Avenue (Case No WPA-88-1) Mrs Snow objected to hearing any of these since Council had been told they would get the standards into the Council to consider first Mr Merkl agreed with Mrs Snow, also he understood that exempt local streets were to be brought in once a year in January, that had been collected for the whole year, and Council would approve them once Mrs Ibbison agreed with Mrs Snow and Mr Merkl This is not being done in the proper order CITY COUNCIL MINUTES May 9, 1988 Page -2- Motion by Mrs Snow that staff (Public Works and Planning together) bring the proposed standards to the Study Session to be held on Tuesday, July 5, 1988, seconded by Mrs Keller, carried 7-1 with Mr West voting No Motion by Mrs Snow to continue Item~ 1 and 2 until July 25, 1988, seconded by Mrs Worth, carried 7-1 with Mr West voting no Item 2 A request for approval to amend the Comprehensive Plan, Major Streets Plan (Page V-26) from "Local" to "Exempt Local" for Everett Drive between West 35th Avenue and Estes Street (Case No WPA-88-2) (see above motions) Item 3. Council Bill No 335 - An Ordinance authorizing the issuance of Special Assessment Bonds in the principal amount of $1,250,000 of the City of Wheat Ridge, Colorado, for City of Wheat Ridge, Special Improvement District No 1987-1, prescribing the form of the bonds, and providing for the payment of the bonds and the interest thereon Mr Haye~ explained that the interested parties were not yet present and asked that this item be heard later on in the evening ORDINANCES ON FIRST READING Item 4. Council Bill No 348 - An Ordinance providing for the approval of a Special Use Permit to allow the storage of operable and inoperable vehicles in an Industrial Zone on land located at 5074 Tabor Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-88-2) (Waymon Griffin) Council Bill 348 was introduced by Mr Merkl on first reading, title read by Clerk Motion by Mr Merkl that Council Bill 348 be approved on first reading, ordered published, public hearing be set for Monday, June 27, 1988 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 Davi~, carried 8-0 Item 5. Council Bill No 349 - An Ordinance providing for the approval of a Special Use Permit for gasoline sales with a Site Plan on land located at 3805 Kipling Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No SUP-88-3) (Amoco Oil Company) Council Bill 349 was introduced by Mr Davis on first reading, title read by Clerk Motion by Mr Davis that Council Bill 349 be approved on first reading, ordered published, public hearing be set for Monday, June 27, 1988 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 West, carried 8-0 CITY COUNCIL MINUTES May 9, 1988 Page -3- DECISIONS, RESOLUTIONS, AND MOTIONS Item 6. Agreement for the Redevelopment and Disposition of the Wheat Ridge Town Center Mr Hayes made introductory remarks regarding the most current draft of the DDA, which is draft #7 No Council action is required on this matter, but EDARC wants to make sure that Council is fully appraised Chair and Council agreed at thi~ time to move to Item No 7 since Ann Pitinga and Jim Windholz, who are to give the presentation, were not yet present. CONSENT AGENDA Item 7. A Resolution 1082 - authorizing the Jefferson County Open Space Ufficials to secure professional appraisal on the United States Truck Driving School, Inc , consisting of approximately twenty (20) acres, 8150 West 48th Avenue, Wheat Ridge, Colorado B Resolution 1083 - authorizing the Jefferson County Open Space Officials to secure professional appraisal on and acquire the Culbertson property, consisting of approximately one (1) acre, 4245 Oak Street, Wheat Ridge, Colorado C Resolution 1084 - authorizing the Jefferson County Open Space Officials to secure professional appraisal on the Wheat Ridge Lumber Company property, on the south side of West 44th Avenue, 8995 West 44th Avenue, Wheat Ridge, Colorado D Resolution 1086 - petitioning the Colorado State Patrol to designate routes for the transportation of hazardous materials Mr Flasco asked to pull Item Band C A Resolution 1082 was introduced by Mrs Snow, title read by the Clerk Motion by Mrs Snow for the adoption of Resolution 1082, seconded by Mr West Mr Merkl asked if anybody had talked to the owner of the property to see if he was willing to sell Mr Smith explained that Mr Bredt was not yet present and could be questioned on that subject Mrs Snow withdrew her motion Item 6 was resumed at were now present Ms set and that there had this time, since Ms Pitinga and Mr Windholz Pitinga explained that basically the DDA had been been no significant changes CITY CUUNCIL MINUTES May 9, 1988 Page -4- She then gave her presentation, as did Mr Windholz and Mr Hayes, and they answered Council's questions Mayor Wil~e, then referred back to Item 7. A. and asked Mr Bredt if he had talked to the owner of the truck driving school about the possible purchase of the property Mr Bredt replied that he had not done this, but would do it at Council's request and have the item tabled Motion by Mr Merkl that Resolution 1082 be tabled for 2 weeks and that staff be directed to contact Mr Schmidt and discuss the purchase of the property with him, seconded by Mr West Mrs Ibbison called for the question, seconded by Mr Davis, carrie~ 8-0 Vote on the original motion carried 7-1 with Mr West voting no 7 B Resolution 1083 Clerk Motion by Mrs seconded by Mrs Snow, No was introduced by Mrs Ibbison, title read by the Ibbison for the adoption of Resolution 1083, carried 6-2 with Mr Flasco and Mr Davis voting 7 C Resolution 1084 Clerk Motion by Mrs seconded by Mrs Snow, No was introduced by Mrs Keller, title read by the Keller for the adoption of Resolution 1084, carried 6-2 with Mr FIasco and Mr West voting 7 D Resolution 1086 was introduced by Mrs Keller, title read by the Clerk Motion by Mrs Keller for the adoption of Resolution 1086, seconded by Mr West, carried 8-0 At this time Mayor Wilde referred back to Item 3. Steve Lyon of Hanifen, Imhoff, 1125 17th Street, Suite 1700, Denver, was present and sworn in by the Mayor He reported on the sale of the bonds in the amount of $1,250,000 Due to various adjustments and reductions, the principal amount will be $275,000, which will be paid to bondholders on October 1, 1989 He gave a detailed account to Council as to the bond repayment schedule, interest rates and net effective interest rate Council Bill 335 was introduced by Mrs Worth on second reading, title read by the Clerk, Ordinance No 754 assigne~ Motion by Mrs Worth for the adoption of Ordinance No 754 with the following amendments a) change the interest payment dates from February 15 and August 1~ to April 1 and October 1 each year, commenoing April 1, 1989, b) ohange the maturity date of the bonds from August 15, 1998 to October 1, 1998, c) change the record date for registration purposes from the last day of the month to the fifteenth (15th) day of the month imme~iately preceding eaoh interest payment date, d) add the provision for capitalized interest in the amount of $106,000, CITY COUNCIL MINUTES May 9, 1988 Page -5- e) add the estimated bond payment schedule, the interest rates and net effective interest rate (page 2), and f) add the date of the Preliminary Official Statement of April 29, 1988, seconded by Mr West, carried 8-0. Item 8. Resolution 1085 - authorizing the Department of Parks and Recreation staff to submit an application to the Jefferson County Open Space Officials requesting a joint venture funding for the development of Paramount Park, 27th Avenue and Kipling Street, in Wheat Ridge, Colorado Resolution 1085 was introduced by Mrs Keller, title read by the Clerk Mr Bredt gave a brief presentation and answered Council's questions and concerns Motion by Mrs Keller for the adoption of Resolution 1085, seconded by Mr West, carried 6-2 with Mr Davis and Mr FIasco voting No Motion by Mrs Snow that the Parks Commission approach the City of Lakewood to request some assistance with our 75% contribution to Paramount Park, seconded by Mr Davis, carried 7-1 with Mr FIasco voting No Item 9. Resolution 1087 - authorizing the Mayor to sign the Intergovernmental Agreement entitled request for payment and certification of use of funds for Owens Park construction Resolution 1087 was introduced by Mrs Snow, title read by the Clerk Motion by Mrs Snow for the adoption of Resolution 1087, seconded by Mr West, carried 5-3 with Councilmembers Merkl, FIasco, and Davis voting No Item 10. Motion by Mrs Keller that the contract for the Annual City Wide Clean-Up Program be awarded to Laidlaw Waste Systems, Inc in the total amount of their bid of $5,000 and all costs to be charged to Account Number 01-121-704, seconded by Mr West, carried 8-0 Item 11. Motion by Mr Merkl that the contract for the Stabilization Project at Wheat Ridge Historical Park be awarded to Hughes Groesch Construction corporation in the amount of their revised bid of $39,925 plus a 15% contingency for a total of $45,914 and that the Director of Parks & Recreation be authorized to sign all change orders All costs to be charged to Account Number 54-601-815, seconded by Mrs Keller Mrs Worth moved to amend the motion to include a force account of $3,200, seconded by Mrs Snow, carried 5-3 with Councilmembers Merkl, Flasco, and Davis voting no Mr Merkl asked to amend his motion that the contingency be reduced to 10%, seconded by Mr Flasco, carried 5-3 with Councilmembers Keller, Worth, and Ibbison voting No Vote on original motion as amended carried 8-0 CITY COUNCIL MINUTES May 9, 1988 Page -6- Item 12. Motion by Mrs Worth that the contract for the Construction of a Splashdown Pool be awarded to High Country Pools, Inc in the amount of their base bid of $44,760 plus a 10% contingency for a total of $49,236. I further move the contract for the Water Slide & Tower Installation and Foundations be awarded to Valle del Rio Company, Inc in the amount of their base bid of $23,400 plus a 10% contingency for a total of $25,740 and that the Director of Parks & Recreation be authorized to sign all change orders All costs to be charged to Account Number 54-601-880, seconded by Mrs Snow Motion by Mr Merkl that the contingency amounts be removed from both the High Country Pools and the Water Slide & Tower Installation and Foundations bids and no contingency be put in, seconded by Mr Davis Discussion followed Mrs Worth called for the question, seconded by Mrs Keller, carried 8-0 Vote on Mr Merkl's amendment (no contingency) failed 3-5 with Councilmembers Merkl, Davis, and FIasco voting yes Motion by Mr West to amend the motion to have a 5% contingency, seconded by Mrs Snow, carried 6-2 with Mr Merkl and Mrs Worth voting No Original Motion as amended carried 7-1 with Mr Davis voting No Item 13. Motion by Mr Merkl that the Mayor be authorized to sign the Consent form approving the granting by Kipling Ventures, Ltd of a security interest in the project as security for its obligation to repay a loan of approximately $180,000, seconded by Mr Davis, carried 8-0 Item 14. Motion by Mr Merkl that Coughlin & Company be authorized to initiate the "Pay-As-You-Go" financing proposal as presented, seconded by Mrs Keller Joe Drew gave Council an update on the proposal and answered questions Motion carried 7-1 with Mr FIasco voting no. Item 15. Motion regarding Liquor Hearing Motion by Mrs Snow to set the hearing date for the liquor violation at Sundance West Lounge for June 27, 1988, 6 30 p m I further move to approve the Notice of Hearing and Order to Show Cause form suggested by the City Attorney, and authorize the Mayor and City Clerk to execute the Notice of Hearing and Order to Show Cause, seconded by Mr West, carried 8-0 Item 16. Motion by Mrs Worth that the 1987 annual audit of the City of Wheat Ridge's financial statements be approved as presented, seconded by Mr West, carried 8-0 CITY ATTORNEY'S MATTERS John Hayes referred to the possible purchase of the Mestecky property Asking Price is $200,000 with $50,000 being put down During 1989 the balance of $150,000 is to be financed at 10% over 15 years This would be on a lease purchase CITY COUNCIL MINUTES May 9, 1988 Page -7- Mrs Worth asked for a consensu~ that we direct the City the City Administrator to look further into the purchase property and to come back in 2 week~ and to work with Mr Consen~u~ was 6-2 Attorney and of the t'Je~tecky Drew John Hayes referred to a memo he had sent to Council in support of Arvada in a case that bore some similarities to the Currier case He asked for Council consensus to appear in behalf of Arvada, not to exceed 30 hours Con~ensu~ was 7-1 in favor He asked Council for suggestions on the nui~ance ordinance, so he might bring in the revisions to the Study Session ELECTED OFFICIALS' MATTERS Motion by Mr West to adjourn, seconded by Mr Davi~, Failed 3-5 with Councilmembers Davis, Ibbison, and West voting yes Nancy Snow questioned Mr Forks after asking for a not in favor FIasco whether he had voted in favor of Two concensus of City Council and had four members Claudia Worth referred to her visit with Mr Smith at Wilmore Davi~ Elementary School and the delightful time they had with the children Tony Flasco asked chairman of street committee to include the reconstruction of Yarrow Street from 41st to 44th, there is a hill that is very steep and very sharp and the people are concerned about the health and safety of the youngsters He asked about a speedy ~treet repair procedure that Vail used and that Westminster recently used--would like somebody to look into that Larry Merkl asked Mike if anybody had worked on the lightbulbs in Chambers--plaster was falling Motion by Mr Merkl to adjourn, seconded by Mr Davis, carried 6-2 with Mr We~t and Mr~ Worth voting no Meeting adjourned at 11 08 p m f' /1 . ./t,.Li"t _ Wanda Sang, ~.~ I, . l~ City Cl. rk APPROVED BY CITY CUUNCIL ON MAY 23, 1988 BY A VOTE UF 8 TO o Kent "'1", -<...: Davis, \ , I /.. c., ;-c .( Cou n c 11 Pr esTdent--