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HomeMy WebLinkAbout06/11/1990 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO June 1~990 The City Council Meeting was called to order by the Mayor at 7 30 p m Council members present Elise Brougham, Kent Davis, Don Eafanti, Phil Edwards, Larry ~erkl, Ron SeIstad, and Bill Shanley Tony FIasco was out of town Also present City Clerk, Wanda Sang, City Administrator, Mike Smith, City Attorney, John Hayes, Public Works Director, Bob Goebel, Director of Planning & Development, Glen Gidley, Chief of Police, Jack Hurst, staff, and interested citizens APPROVAL OF MINUTES of May 14, 1990 Motion by Mr Eafanti for the approval of the Minutes of May 14, 1990, seconded by Mr Davis, carried 7-0 PROCLAMATIONS AND CEREMONIES Mayor Wilde presented placque to Don Lancaster for his service on EDARC CITIZENS' RIGHTS TO SPEAK Tariq hhalidi, Tabor Lake Inn, 12100 'w 44th Avenue, 'wheat Ridge, was present to introduce himself as the new owner of the Tabor Lake Inn and introduced his General Manager, Carole Sidell LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1 Application from the Partnership of Sherry, aba Lakeside Liquor, 5820 W for a Retail Liquor Store License Nora Martinez and Michael 44th Avenue, Wheat Ridge, Motion by Mrs Brougham to waive the survey for Lakeside Liquor, 5820 W 44th Avenue, Wheat Ridge, for the following reasons 1 The current license does not expire until September 21, 1990 and the business has been in operation until May 1990 2 The needs and desires of the residents of the area have been serveo by a liquor license at that location since before 1969 I further move to set the public hearing date for this application for July 9, 1990, order the property postea and the public hearing advertised in the newspaper, seconded by Mr Edwards, carrieo 7-0 CITY COUNCIL MINUTES June 11, 1990 Page -2- Item 2 Application for a Special Events Permit from the Denver Lodge of the Order of the Sons of Italy in America, 5925 h 32nd Avenue, Denver to sell 3 2% Beer on Jul y 6, 1990, JuI y 7, 1990, ana July 8, 1990 in the parking lot of their building at 5925 W 32nd Avenue, Denver Motion by Mr Shanley to approve the Special Events Permit for the Denver Lodge of the Order of the Sons of Italy in America, to dispense 3 2% Leer at 5925 'w 32nd Avenue, ~heat Ridge, Colorado, on July 6, 1990 between the hours of 6 00 p m and 11 00 pm, on July 7, 1990 between the hours of 5 00 p m and 11 00 pm, and on July 8, 1990 between the hours of 5 00 p m and 11 00 pm, seconded by Eafanti Donald Ebner, 3222 Gray Street, hheat Ridge, stated that his home was directly across the street and parking lot from the Sons of Italy He questioned if the public hearing sign could have been improperly postea, he had not seen the sign until yesterday He had asked his neighbors and nobody had seen the notice He questioned if beer was sold on the parking lot and a carnival was set up, all the parking would be on the street He asked that Council not approve this permit Dolores Ebner, 3222 Gray Street, has lived in this community for 25 years, does not feel this type of organization should be in the neighborhood, all their neighbors ar~ very upset that liquor will be served in their neighborhood outdoors Should a residential area be subjected to all these cars? She asked Council if they lived across the street from the Sons of Italy would they like beer served in the parking lot Judy Supernor, lives on the corner of 32nd & Harlan, is against serving alcohol in the parking lot in a neighborhood, was concerned about accidents, parking lot at Sons of Italy is over-flowing, this will set a precedent, she questioned Mr Eafanti if he belonged to the Sons of Italy, he replied that he did James Supernor, 6001 W 32nd Avenue, has had no problems with the Sons of Italy, but agrees with his wife's comments He is very concerned about a traffic problem A representative of the Sons of Italy was present to speak The name and address were not submitted in writing and not audible on the tape He stated that they wished to be cooperative and did not want to disrupt the neighborhood Mr Shanley added to his motion that a restriction be that beer be only sold inside the building, seconded by Mr Eafanti hotion by Mr Merkl that the booths be moved off the parking lot into the grassed area and that the parking lot be kept open for parking during the event, seconded by Mr Selstad, Failed 3-4 with Councilmerubers Merkl, Brougham, and Eafanti voting yes Original Motion with Mr Shanley's addendum that the beer be sold only inside carried 7-0 CITY COUNCIL MINUTES June 11, 1990 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 3 Pre-budget Hearing for the 1991 City Budget Jane Ebish, 4090 Cody Street, was sworn in by the Mayor She stated she is an attorney and a new resident in Wheat Ridge She is also a new mother She asked that on 41st Street, near the school in her neighborhood, (Wilmore Davis Elementary) a sidewalk be budgeted in the 1991 budget I tern 4 Council Bill No SO - An Ordinance providing for the approval of rezoning from Hospital-One (H-1), Hospital-Two (H-2), Residential-One (R-1), Residential-Two (R-2), and Planned Commercial Development (PCD) to Planned Hospital Development (PHD), for the separately owned properties located at the following addresses 1) 8300 W 38th Avenue, 2) 8900 W 30th Avenue, 3) 5361 W 26th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-90-1) Council Bill 90 was introduced on second reading by hr Eafanti, title read by the Clerk, Ordinance No 829 assigned City Attorney, John Hayes, advised Council that at 7 15 p m he had been presented with a document that purports to be a legal protest in this matter and provided copies to Council If this is a valid legal protest a vote of 6 is required to pass this Ordinance Mr Gidley explained that this protest would only apply to 8300 ~ 38th Avenue and not to the other parcels because this would not constitute 20% of the owners of all three properties aggregated Mr Hayes stated that according to the Charter this would not constitute a legal protest for all the properties Motion by Mrs Brougham to table this Ordinance of second Motion died for lack Mr Gidley presented the case and entered documents into the record Motion by Mr Selstad to separate the three properties and have new separate Ordinances on first reading brought in, seconded by Mrs Brougham ~r Davis called for the question, seconded by Mr Merkl, carried 6-1 with Mr Shanley voting No hr Selstad's motion failed 3-4 with Councilmembers SeIstad, Brougham and Eafanti voting yes Mr Gidley continued the staff report CITY CUUNCIL ~INUTES June 11, 199U Page -4- Robert H Janowski, Jr , 8700 W 35th Ave, was sworn in by the Mayor He stated that he represents four other neighbors on Dudley Street and they filed the legal protest They are concerned that the change in zoning will affect the value of their properties and the quality of living in that area He asked that Council vote No on the Ordinance Louise Turner, representing Wheat Ridge United Neighborhoods, was sworn in by the Mayor and read a statement opposing the zoning change into the record Motion by Mr Eafanti that Ordinance 829, a request for approval of rezoning from Hospital-One, Hospital-Two, Residential-One, Residential-Two, and Planned Commercial development to Planned Hospital Development for the separately owned properties located at the following addresses 1) 8300 W 38th Avenue, 2) 8900 W 38th Avenue, 3) 5361 W 26th Avenue, Wheat Ridge, Colorado, be approved for the following reasons 1) The properties are within the City of Wheat Ridge and all posting requirements have been met, therefore there is jurisdiction to hear this case 2) All requirements for zoning have been met 3) The purpose of this rezoning is to bring entire property into one consolidated zone district, PHD, as the H-2 zone district was eliminated by Ordinance No 796, effective June 15, 1989 4) There are no plans to modify the use or the existing ground conditions on this site Any site modifications in the future must be in compliance with the previously approved plan 5 This zoning will not adversely affect public health, safety or welfare, nor will it create a negative impact for adjacent property owners, seconded by Mr Shanley City Attorney, John Hayes, stated there were some options for Council If they want to approve all three rezonings, the motion is before them, to do so If they want to approve less than all three, it would be appropriate to make a motion to delete either property 1), 2), or 3), or any combination they wish to delete Another option with specific regard to the 8300 W 38th Avenue property, is to eliminate the effective rezoning to the PHD district only to those properties which are zoned H-2 and PCD, so that would leave the R-1 and R-2 zoning Motion by Mrs Brougham for an amendment to Mr Eafanti's motion that the R-1 and R-2 zoning be excluded from this rezoning--Ieave it as it was before (8300 W 38th Avenue) Mr Eafanti and second accepted this as a friendly amendment Motion carried 5-2 with Councilmerubers Brougham and Selstad voting No Mr Hayes stated that the legal protest did not weet the requisits of the Charter because three properties were involved and the signatures did not add up to 20% of the residents of all three properties Therefore five votes are sufficient to pass this rezoning The document purported to be a legal protest was filed with the City Clerk within the time provided by the Charter and should remain a part of the record CITY COUNCIL MINUTES Itew 5 June 11, 1990 Page -5- Council Bill No 51 - An Ordinance repealing and reenacting Section 5-76 of the Code of Laws of the City of Wheat Ridge, adopting by reference the Uniforw Building Code, 1Y68 Edition, Copyright 1988, providing for certain amendments thereto, and providing penalties for violation thereof Council Bill 51 was introduced on second reading by Mr Davis, title read by the Clerk, Ordinance No 830 assigned Motion by Mr Davis for the adoption of Ordinance No 830, seconded by fvjr Ed wards At Mr Hayes' suggestion, Mr Davis moved to substitute the following under the Violation and Penalty Section "Any person, firm, association or other entity doing any act or omission in violation of this Code shall be subject to prosecution, and subsequent penalty, if any, as provided in Section 5-5 of the Code of Laws of the City of Wheat Ridge". Mrs Brougham asked for an amendment to this Ordinance to prohibit wood-burning fireplaces on all new construction and allow for gas logs Motion died for lack of second Item 6 Original Motion carried 6-1 with Mrs Brougham votin~ No Council Bill No 52 - An Ordinance repealing and reenacting Sections 6-1 and b-2 of the Code of Laws of the City of Wheat Ridge, adopting thereby the National Electrical Code, 1990 Edition, by reference and adopting certain amendments thereto Council Bill No 52 was introduced on second reading by Mr Merkl, title read by the Clerk, Ordinance No 831 assigned fvlotion by Mr published and 830, seconded MerkI for the adoption of Ordinance No 831 and order it change the violation and penalty section as in Ordinance by Mr Davis, carried 7-0 I tern 7 ORDINANCES ON FIRST READING Council Bill No 53 - An Ordinance repealing and reenacting Section 5-78 of the Code of Laws of the City of Wheat Ridge, Colorado adopting by reference the Uniform Mechanical Code, 1988 Edition, Copyright 1988, providing for certain amendments thereto, and providing penalties for violation thereof Council Bill 53 was introduced by Mr Edwards on first reading, title read by Clerk Motion by Mr Edwards that Council Bill 53 be approved on first reading, ordered published, public hearing be set for Monday, June 25, 1990 at 7 30 p m in City Council Chambers, Municipal BIdg , and if approved on second reading, take effect 15 days after final publication He further moved to change the violation and penalty section to read as Council Bill 51 (Ordinance 830), seconded by Mr Merkl, carried 7-0 Due to publication requirements, public hearing date was changed to July 9, 1990 by City Clerk CITY COUNCIL MINUTES Item 8 June 11, 1990 Page -6- Council Bill No 54 - An Ordinance repealing and reenacting Sections 5-79 of the Code of Laws of the City of Wheat Ridge, adopting by reference the Uniform Plumbing Code, 1988 Edition, providing for certain amendments thereto, and providing penalties for violation thereof Council Bill 54 was introduced by Mr Shanley on first reading, title read by Clerk Motion by Mr Shanley that Council Bill 54 be approved on first reading, ordered published, public hearing be set for Monday, June 25,1990 at 7 30 pm in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication and to change the violation and penalty section to read as in Ordinance 830, seconded by Mr Selstad, carried 7-0 Due to publication requirements, public hearing date was changed to July 9, 1990 by City Clerk. Item 9 Council Bill No 55 - An Ordinance repealing and reenacting Section 5-80 of the Code of Laws of the City of Wheat Ridge, Colorado adopting by reference the Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition, Copyright 1988 and providing penalties for violation thereof Council Bill 55 was introduced by Mr Eafanti on first rpading, title read by Clerk Motion by Mr Eafanti that Council Bill 55 be approved on first reading, ordered pUblished, public hearing be set for Monday, June 25, 1990 at 7 30 p m in City Council Chambers, Municipal BIdg , and if approved on second reading, take effect 15 days after final publication and the violation and penalty section be chan6ed to read as Ordinance 830, seconded by Mr MerkI, carried 7-0 Due to publication requirements, the public hearing date was changed to July 9, 1990 by the City Clerk Item 10 Council Bill No 56 - An Ordinance repealing Section 8-1 and reenacting Section 8-1 of the Code of Laws of the City of Wheat Ridge, adopting by reference the Uniform Fire Code, 1988 Edition, Copyright 1988, providing for certain 3mendrnents thereto, and providing penalties for violation thereof Council Bill 56 was introduced by Mr Merkl on first reading, title read by Clerk Motion by Mr Merkl that Council Bill 56 be approved on first reading, ordered pUblished, public hearing be set for Monday, July 9, 1990 at 7 30 p m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 15 days after final publication and the violation and penalty section be changed to read as Ordinance 830, seconded by Mr Selstad, carried 7-0 I telll 11 Council Bill No 57 - An Ordinance providing for the approval of a Special Use Permit to allow a Bed and Breakfast in a Residential-Two zone district on property located at 3270 Allison St , City of Wheat Ridge, County of Jefferson, State of Colorado Council Bill 57 was introduced by Hr Davis on first reading, title read by Clerk Motion by Mr Davis that Council Bill 57 be approved on first reading, ordered published, public hearing be set for Monday, July 9, 1990 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 Merkl, carried 7-0 CITY COUNCIL MINUTES June 11, 1990 Page -7- Item 12 Council Bill No 58 - An Ordinance providing for the approval of rezoning from Planned Industrial Development and Agricultural-One to Planned Industrial Development and Commercial-Two and approval of a combined outline and final development plan and plat on land located at 4890 Robb Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Anthony Vecchiarelli) (Case No wZ-9U-2) Council Bill 58 was introduced by Mr Shanley on first reading, title read by Clerk Motion by Mr Shanley that Council Bill 58 be approved on first reading, ordered published, public hearing be set for Monday, July 9, 1990 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 Edwards, carried 7-0 Item 13 Council Bill No 59 - An Ordinance providing for the approval of rezoning from Residential-Two to Restricted-Commercial on land located at 6075 W 46th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado (Truoc VanNguyen) (Case No WZ-90-4) Council Bill 59 was introduced by hr Eafanti on first reading, title read by Clerk Motion by Mr Eafanti that Council Bill 59 be approved on first reading, ordered published, public hearing be set for Monday, July 23, 1990 at 7 30 p m in City Council Chambers, Municipal BIdg , and if approved on second reading, take effect 15 days after final publication, seconded by Mrs Brougham, carried 7-0 Motion by hrs Brougham to hear Items 18 and 20 now because there are people present to speak, seconded by Mr Shanley, carried 7-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 18 Motion regarding 35th & Allison Mr Goebe] ana Mr Gidley gave history of the closing of 35th & All i son Chester Markham, 7801 W 35th Avenue, spoke against the closure of Allison, it is an eyesore, late-night partying is going on there, increase in vandalismn, trash, it is very hard for people to get around Jim Erfurd, 7710 W 35th Avenue, stated the road going to the Wheat Ridge Plaza and Valencia Apartments had been put in originally strictly as a fire access lane, since Allison has been closed, people come through and use the fire access lane as d ~eguldr road, it is not intended for the use of the general public Dan Blocker, 7800 W 35th Avenue, manager of the apartment complex there, stated he speaks for most of the people in the complex, complained about people having parties at the closed-off street, people turn around in their parking lot and endanger children CITY COUNCIL MINUTES June 11, 199U Page -8- Frank Weilminster, 7770 W 38th Ave, #404N, Wheat Ridge Plaza, has a car port in the rear of the building, has seen cars going over the parking bumps at 35mph, has had some close shaves with cars going through there, can't understand why Allison Street has been closed, it is a public street John Doyle, 3582 Allison Street, presented 20 petitions asking the Wheat Ridge City Council not to re-open and reconnect 35th i~ ~Jlison Street He also entered several letters into the recora askinb that Allison Street not be re-opened Concerns are high volumes of traffic Bob Russell, 3560 Allison Street, gave background on street cJosing, asked that City of Wheat Ridge honor their agreement to keep Allison Street closed, removal of barricade will subject neighborhood to ruinous traffic Guenter L Grothe, 42? CoIorow Road, Golden, recently bought a duplex on Allison Street, his tenants will move if the barrier is removed, asked Council to keep the street closed Patti Silva, 3532 Allison Street, expressed concern for children attending Wilmore Davis Elementary School if the traffic is increased She entered a letter from Wilmore Davis PTA into the record Doug Douglas, 7801 W 35th Avenue, President of the Valencia Apartments Association, spoke against removing the barrier Ben Bal~, 3561 Allison, Allison Street Citizens Group, spoke against removing the barrier for the same reasons stated by earlier speakers Larry Wallace, 7801 W 35th Ave, Valencia Condos, asked for relief from that dead-end street, if barricade doesn't come down, give us a deceleration/acceleration lane at 35th & Wadsworth Motion by Mr Merkl to consider the removal of the barricade at 35th & Allison and the installation of a cul-de-sac to the east of the Intersection at 35th & Allison to allow the residents of the Valencia apartments and the apartments on the south side of 35th Avenue to be able to exit, but the apartments closer to Wadsworth continue to exit on Wadsworth and that we direct Mr Hayes to work with our staff and the Allison Street people that signed the original agreement, to work out the legalities of this, seconded by Mr Eafanti, carried 7-0 Item 20 Bid award for the demolition of 7150 W 38th Avenue (RFB 90-27) Bob Goebel gave the staff report Claudia Worth, 4650 Oak Street, president of the Wheat Ridge Historical Society, was present and sworn in by the Mayor and spoke in favor of saving and restoring this building She read a letter from Open Space into the record CITY COUNCIL MINUTES June 11, 1990 Page -9- Motion by Mr SeIstad to go past 11 00 p m and finish the Agenda, seconded by Mr Eafanti, carried 6-1 with Mr Davis voting No Claudia Callas, 8701 W 38th Avenue, was sworn in by the Mayor and spoke in favor of saving the bUilding Motion by Mr Davis that the Building Demolition at 7150 ~ 38th Avenue, Project S-38 03-89, (RFB #90-27) be awarded to Hillen Corporation in the amount of their bid, $4,175 00 I further move that a contingency fund in the amount of 10% of the amound bid, $417 00 be established I further move that a force account in the amount of $1,000 be established I further move that the Director of Public Works be authorized to issue change orders up to the total project cost of $5,592 00 and that all costs associated with this project be charged to Acct No 30-303-873 I further move that the funds be encumbered for the length of the project which expressly allows the expenditure of funds in 1991 for this project in accordance with Ordinance #787, 1989 Series, seconded by Mr Merkl, carried 5-2 with Mr SeIstad and Mrs Brougham voting No Item 14 Resolution #1199 approving an Intergovernmental Agreement between the City of Wheat Ridge and the Wheat Ridge Fire Protection District Resolution 1199 was introduced by Mr Merkl, title read by the Clerk Motion by Mr Merkl for the adoption of Resolution 1199, seconded by Mr Davis, carried 7-0 Item 15 A Resolution #1195 amenoing the City of Wheat Ridge Annual Budget for the Fiscal Year 1990 B Resolution #1196 appropriating additional sums of money in excess of amounts budgeted for the City of Wheat Ridge, Colorado for Fiscal Year 1990 Motion by Mr Davis that Resolution 1195, amending the City of Wheat Ridge 1990 Annual Budget and Resolution 1196, appropriating funds for expenditure, be approved as submitted, seconded by Mr MerkI, carried 7-0 Item 16 Resolution #1197 setting fOr'th the City Council's intention to direct City Personnel to purchase whenever possible recyclable and r'ecycled products Motion by Mrs Brougham for the approval of Resolution 1197, seconded by Mr Edwards, carried 7-0 CITY COUNCIL MINUTES June 11, 1990 Page -10- Item 17 A Resolution #1210 authorizing the submittal of the 1990 acquisition request form to the Jefferson County Open Space for joint funding of the acquisition of the property consisting of approximateJy fifteen and eight tenths (15 8) acres located at 4171 Kipling Street, ~heat Ridge, Colorado B Resolution #1211 auth"rizing the Jefferson County Open Space officials to secure a survey and title commitment relating to, negotiate for the acquisition of, and to acquire the property consisting of approximately 15 8 acres located at 4171 Kipling Street, in Wheat Ridse, Colorado Mr Merkl introduced Resolutions 1210, title read by the Clerk Motion by Mr I'lerkI for the adoption of ResoI ution 121 U, seconded by Mr Edwards, carried 7-0 Resolution 1211 was discussed at Executive Session and voted on at the end of the meeting Item 19 Bid award for interior painting of City Hall RFB #90-29 Motion by ~~r Eafanti that the contract for the Interior Painting of City Hall be awarded to Shon ArdebiIi, dba Architectural Finishes in an amount not to exceed $9,000 00 with all costs to be charged to Acct No 30-610-811, seconded by Mr Merkl, carried 7-0 Item 21 Motion re Property acquisition, 47 Morningside Drive, Project S-32 05-88 (parcel 5) Motion by Mr Davis that the City of Wheat Ridge accept the memorandum of agreement as presented I further move that the sum of $800 00 be paid for the parcel and that this amount be taken from Capital Projects FUnd Account 30-303-850, seconded by Mr Merkl, carried 6-1 with Mrs Brougham voting No Item 22 Motion re Property acyuisition, 10260 ~ 32nd Avenue, Project S-32 05-88 (parcel 9) Motion by Mr Edwards that the City of hheat Ridge accept the memorandum of agreement as presented I further move that the sum of $2,118 00 be paid for the parcel and that this amount be taken from Capital Projects Fund Account 30-303-850, seconded by Mr Shanley, carried 6-1 with Mrs Brougham voting No Item 21- Bid award for the printing of the 1990 Annual Report RFQ 1/013-90 Motion by Mr Merkl that the printing of the 1990 Annual Heport (RFQ #014-90) be awarded to Phoenix Press in the amount of their bid of $3,717 00 using Recycled Paper with all printing costs to be charged to Acct No 01-610-799 I further move that a total of $1,725 00 be transferred from Acct No 01-607-794 (Contingency Reserve) to Acct NO 01-106-655 (postage), seconded by Mr Shanley, carried 6-1 with Mr Selstad voting No CITY COUNCIL MINUTES June 11, 1990 Page -11- Item 24 Bid award for Traffic Signal Installation W 38th Avenue & Youngfield RFB #90-26 Motion by Mr Shanley that the Traffic Signal Replacement Project at West 38th Avenue and Youngfield, Project Numbers T-TSi 01-90 (RFB #90-26) be awarded to W L Contractors in the amount of their base bid of $29,516 50 plus their alternate bid "B" of $1,296 00 I further move that a 10% contingency in the amount of $3,081 00 be established That a maximum amount of 2% of the bid amount $616 25 be allocated for payment of any early completion of the project That a force account in the amount of $2,500 be establsihed That the Director of Public works be authorized to issue change orders up to the total project cost of $37,OO~ 75 and that all costs associated with this project be charged to Acct No 30-304-843 That the funas encumbered for the length of the project which expressly allows the expenditure of funds in 1991 for this project in accordance with Ordinance #787, 19h9 Series, seconded by Mrs Brougham, carried 7-0 Item 25 Bid award for purchase of chemical fertilizer RFB #90-25 Motion by Mr Eafanti that Adams County Coop/American Pride Fertilizer be awarded the purchase of the Chemical Fertilizer in the amount of their bid of $6,116 00 and that all costs be charged to Acct No 603-660, seconded by Mr Shanley, carried 7-0 Item 26 Motion re Sales Contract, Stites Park Motion by Mr MerkI to approve and authorize the Mayor to sign the Agreement of Purchase and Sale for a portion of Stites Park, as described, from the City and County of Denver I further move the City Council accept the deed in the form attached I further move the City Council approve and authorize the Mayor to sign and convey the easement to the City and County of Denver acting by and through the Board of water Commissioners for the portion of Stites Park as described, seconded by Mr Selstad, carried 7-0 Item 27 Motion re Parks and Open Space Master Plan Update Motion by Mr Edwards that the City of Wheat Ridge award the prepare a Parks and Recreation Master Plan and a Master Plan development of Mugele Park to ShaIkey walker Associates, Inc not to exceed $40,000 and all costs to be charged to Acct No 32-601-862 I further move that the funds be encumbered for the length of te Project which expressly allows the expenditure of funds in 1991 for this project in accordance with Ordinance #787, 1989 Series, seconded by Mr Selstad, carried 7-0 contract to for the for a cost Motion by Mr Merkl to hold an Executive Session under Section 5 7 (b)(3) and return and vote on 17 B, seconded by [vIr Davis, carried 7-0 CITY COUNCIL MINUTES June 11, 1990 Page -12- CITY ADMINISTRATOR'S MATTERS Mr Smith set up a breakfast meeting for Thursday, June 28, 1990 at 7 00 a m CITY ATTORNEY'S MATTERS John Hayes stated that the City had been offered a settlement for $9,500 for the gas spill at Paramount Park Motion by Mr Merkl to authorize the Mayor to siGn the settlement, seconded by hrs Brougham, carried 6-1 with Mr SeIstad voting no Mr Hayes give an update on a suit that has been filed by Bane Construction Company relating to their termination as one of the sub-contractors on Paramount Park We will be retaining the amount of money in an interest-bearing account and not pay it until lawsuit is settled He gave update on Lutheran Medical Center matter and 32nd Avenue condemnations and settlements Mr MerkI introduced Resolution 1211, title read by the Clerk Motion by Mr MerkI for the adoption of Resolution 1211, seconded by Mr Edwards, carried 7-0 Meeting adjourned at 1 00 a m (\JIV\ t '\ ,~~ ,\;. ) , \ ," \, ~a Sang, City Clerk \ --:j------- APPROVED BY ~ITY COUNCIL ON JUNE 25, 1990 BY A VOTE OF 6 TO 0 / ! .r / ' A ' c<:, r , Kent Davis, Council President