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HomeMy WebLinkAbout05/14/1979 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO MaL 14, 1~79 The t1ay 14, 1979 Regul ar City Council Meeti ng was convened by Mayor Phill ips at 7 35 P m Council Members present Mary Jo Cavarra, Joseph M Donaldson, Anthony N Flasco, Gary Lewman, Louise F Turner and Ray C Pepe Also present City Administrator John A Jerman, City Attorney Edmund G Lambert, Department Heads Douglas Hilyard, Charles Stromberg, staff and interested citizens Approval of Minutes MOTION by Mr Donaldson "I move that the minutes of the meeting of May 7, 1979 be approved as printed", seconded by Mrs Turner, carried 5-1 Mr Lewman abstaining, since he was not present at that meeting MOTION by Mr Flasco "I would like to ask for an executive session tonight, to discuss the law suit, the summons that we just re- ceived, an update on boards and commissions and possible liti- gation in a third law suit", (at first break) seconded by Mrs Turner, carri ed 6-0 Public Hearing Lorrain Lunnen, 4100 Everett Street, spoke regarding the care of Jellison Street, that it had been her understanding it would be graveled and main- tained Ted Kush, 4309 Jellison Street, stated that it had been his under- standing that Jellison would be paved by December Item 1 Award of Bid for Swimming Pool and Bathhouse (Henk Salomon, C D M ) Mr Hilyard, Director of Administrative Services reviewed the action needed, which was award of bid for (1) Pool, and (2) Bathhouse and (3) any of the additives desired He introduced Henk Salomon of Camp, Dresser and McKee Mr Salomon reviewed the planning and the possible additives for the pool, and recommended that the base bid and landscaping be awarded, leaving the additions for a later date Dave Hawes also suggested using the base bid since it comes closer to the budgetpd amount Tom Pi ckens, attorney for George 10 llefson , ca 11 ed attenti on to thei r protests that he had delivered to Mr Jerman this afternoon and wished to have them made a part of these proceedings He also stated that the records should re- flect in all respects that Mr T~lefson is the lowest bidder and that the 5 per cent bid bond be considered a minor technical defect George T~lefson also registered his protest MOTION by Mrs Cavarra "Mr Pickens did imply a threat of law suit, I would like to ask Council to agree to adjourn into a short executive session, so we may consult with our counsel", seconded by Mr Flasco, carried 6-0 The executive session was held Marv Flatland, POBox 149, Castle Rock, spoke, recommending that the bulk- head be included in the pool at this time, as it would be much more expensive to be added later Bill Dirks, 3220 Kendall Street, stated that he was present to see what we were getting for our money It was brought out that there is sufficient funds to award this bid by using a portion of the money allocated to future covering of the pool MOTION by Mrs Cavarra "Based on the information presented at this public meeting, City Council finds that there were (2) respon- sive bidders who submitted bids in proper form as specified by the bid documents, therefore, I move to award the bid for con- struction of the swimming pool with bulkhead to Flatland Custom Pools at a total cost of $311,232 00 to be charged to account No 31-603-880", seconded by Mr Lewman MOTION TO AMEND by Mr Flasco "I move to amend the mot; on to i ncl ude the extra two feet, that we negotiate for the extra two feet of the pool, but do not include the bulkhead at this time T base this on the fact that this is $159,000 00 over our budget and that leaves us no alternatives", seconded by Mr Pepe, Motion failed 1-5 (City Attorney recommendation) CITY COUNCIL MINUTES May 14, 1979 Page -2- Motion carried 4-2 with Mr Flasco and Mr Pepe voting NO because the bid is $159,000 00 over our budget and the bulkhead could be excluded MOTION by Mr Lewman "I move to award the bid for construction of the bath- house with landscape plan #2 to Fischer/White, Inc at a total cost of $472,900 00 to be charged to Account No 31-603-880", seconded by Mr Donaldson, carried 6-0 MOTION TO AMEND by Mrs Turner "I wou 1 d 1 i ke to move to amend the motion to include skylights, that is alternative No 6, Item E, from a standpoint that they would best be incorporated into the building of the building at the time it is built", seconded by Mrs Cavarra, carried 5-1, with Mr Flasco voting NO because he thinks it is important to stay within the budget Motion as amended carried 6-0 (This change will raise the value of the contract by $2,200 ) Item 2 Application by Jacob Klassen for approval of a Minor Subdivision (Replat) for property located at approximately 5600 W 38th Avenue (Case No MS-79-1) Mr Stromberg gave the Planning Division Staff Report The Zoning Ordinances, Subdivision Regulations, and Case File were admitted into evidence This is a resubdivtion dividing lots 7 and 8 The zoning is R-3 and multifamily dwellings were originally planned but now the plans are to build single family homes Jacob Klassen, 14160 E Hamilton Drive, Aurora, owner of the property was amenable to the stipulations that only single family homes be built but was not in favor of reducing the width of the street because of parking needs There was no one in opposition MOTION by Mr Lewman "I move that Case No MS-79-1, a request for a replat of the Depew Estates Subdi- vision, Lots 7 and 8 be approved for the reasons as stated in Staff Findings and Conclusions, numbers 1, 2, 4 and 5, and that a notation be made on the plat that all of the replated lots can be built as single family residences only 1 All requirements for publishing, posting and notification have been met, 2 The original Depew Estates Subdivision was approved in Case WS-74-3 which consisted of 15 lots The applicant now proposes to resub- divide Lots 7 and 8, therefore resulting in a 17 lot subdivision All lots would be in conformation with the zoning ordinance, 4 All requirements of the Subdivision Regulations have been met, 5 Planning Commission, at theil" April 5, 1979 meeting, recommended approval", seconded by Mr Flasco, carried 6-0 Item 3 Application by Kipling 5000 Ltd, for approval of Preliminary De- velopment Plan - Stage 2 for the Kipling 5000 Business Park located at approximately 9695 W 49th Avenue (Case No WZ-79-5) Mr Stromberg gave the Planning Division Staff Report and the Zoning Ordinance, Case File Packet, and slides and exhibits were admitted into evidence This Stage 2 involves Lots 2, 3 and 4 The slides and exhibits were shown on the overhead projector Bob Williams, 9995 W 49th, applicant, and Jack Zeiler reported that they had reduced the building coverage from 40 percent to 30 percent and that the buildings retain a business park nature by having the loading docks in the rear. MOTION by Mrs Cavarra "I move that the Preliminary Plan, Case WZ-79-5, Kipling 5000 Development, 49th Avenue and Iris Streets be approved and that in the final plan the developer be asked to attempt to maximize office space and minimize warehouse space in this project It is further moved that all required improve- ments on Iris Street between 49th Avenue and 50th Avenue and Independence Street between 49th Avenue and 50th Avenue and on 49th Avenue between Independence Street and Iris Street be accom- plished prior to issuance of a Certificate of Occupancy", seconded by Mr Donaldson, motion carried 6-0 CITY COUNCIL MINUTES May 14, 1979 Page -3- Decisions, Resolutions, and Motions Item 4 Request for approval of change to NCR Computer Contract - add (1) 10MB Disk Unit at a rental cost of $375 00 per month (City Treasurer, James Malone) Mr Malone reported that he needed to add capabilities to the computer At present only one job can be processed at a time and creates a time crunch at the beginning and end of the month MOTION by Mr Flasco "I move that per- mission be granted to the City Treasurer to make the necessary changes that he has detailed to us and that the additional money of $216/month be charged to Account No 103-700-758", seconded by Mr Donaldson, carried 6-0 Item 5 Renewal of Beer and Liquor License for Denver Pizza Inc , dba Pizza Hut, 4202 Wadsworth Blvd, Wheat Ridge, Colorado 80033. Class J, 3 2 percent beer retail license, Wheat Ridge Lanes Inc , 6595 W 38th Avenue, Wheat Ridge, Colorado 80033, Glass G, Hotel and Restaurant License, and El Bandido Inc , dba El Bandido Cantina & Restaurant, 4715 Kipling Street, Wheat Ridge, Colorado 80033, Class T Tavern Liquor License - Malt, Vinous, and Spirituous MOTION by Mr Donaldson "I move for the renewa 1 of a beer and 1 i quor license for Denver Pizza Inc , dba Pizza Hut, 4202 Wadsworth Blvd Wheat Ridge, Colorado 80033, Class J, 3 2 Beer Retail License", seconded by Mr Flasco, carried 6-0 MOTION by Mrs Turner "I move that Hotel and Restaurant Liquor License for Wheat Ridge Lanes, 6595 W 38th Avenue be renewed", seconded by Mr Pepe, carried 6-0 MOTION by Mr Lewman "I move to renew the Tavern Liquor License for Malt, Vinous, and Sprituous Liquors for El Bandido, Inc , dba El Bandido Cantina & Restaurant, 4715 Kipling Street", seconded by Mrs Cavarra, carried 6-0 Council Commissions' and Committees' Matters Item 6 Appointment to Parks and Recreation Commission MOTION by Mr Lewman "I would nominate Janice Thompson to fulfill the two-year Regular Term on the Parks and Recreation Commission She is now serving as an alternate The individual who was orig- inally nominated as the regular moved out of the city at that time", seconded by Mrs Cavarra, carried 6-0 MOTION by Mr Lewman "I would nominate Dr Gary Lindberg to fill the two-year Alternate Term on the Parks and Recreation Commission recently vacated by Jani ce Thompson" ,seconded by Mrs Cavarra, carried 6-0 City Administrator's Matters Mr Jerman reported that Mr Bolas is changing the plans concerning develop- ment of his property at 44th and Miller and wants Council opionion if the City would be interested in buying the property for Open Space There is 7+ acres involved It is the property adjoining on the south, the Mugle property already purchased for Open Space Members of Council agreed to look at a package pro- posal if it is brought in Council Members' Matters Councilmember Turner brought up several items 1 The destruction of pavement in the Applewood Shopping Center and was ~) interested in the City's assistance in repairing this pavement and looking h..co"'-' into an arrangement with the church across the street to use for parki ng (u_wyr1>>- Mayor responded, if we get into repairing parking lots it will be endless Also, our streets are in need of patching 2 Request that staff look into renegotiating the lease for the 38th and Owens temporary park 3 That the agreement with the crossing guards at the Prospect Valley School be worked on during the summer so that it will be ready in the fall Mr Jerman said that Prospect Valley wants the City to recruit, hire and so forth, whereas the other schools work the program through the P TO's who know more about the individual problems CITY COUNCIL MINUTES May 14, 1979 Page -4- 4 Regarding the gas issue memo, she wanted the engine idling statement more strictly worded and then a copy mailed to the governor's office Also that staff confer with the Littleton Public Works Department to get information regarding conversion of some of the vehicles to methane Mayor's Matters Mayor Phillips stated that in view of the possible litigation discussed in Executive Session, he had decided that under Section 5 14 of the Charter he would veto Ordinance 329 and Council can make its decision if it wants to bring that Ordinance back again City Attorney's Matters Mr Lambert said the Board of Education had approved the sale of the Old Fire House for approximately $16,000 Also, he had received a letter that there is a possibility of another law suit regarding lots 1 thru 4 on the Shumway Subdivision including ROW (20 feet) This ROW is shown on all of the Wheat Ridge City Maps Council directed him to proceed and find out more about the matter Mr Lewman reported that whereas the Wheat Ridge Sanitation District may not be building a new plant, he believes that there is expansion planned ADJOURNED at 11 15 p m .pd",x::i 5:~~) Carol F Hampf, City cl k APPROVED 5/;)..//79 , e,u cfh/pjm/chj