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HomeMy WebLinkAbout09/20/1973 MII\IUTES September 20, 1973 The two hundred and fourte8nth regular m8eting was called to order at 7 35 p.m. at 7390 West 38 AV8nue by Mayor pro tem Ray Pepe. Mayor Anderson arrived later Other Aldermen attending were Dr. Paul Abramson, Mary Jo Cavarra, Joseph Donaldson, Robert Howard and Calvin Hulsey. Also attending were City Clerk Louise Turner, City Treasurer James Malone, City Attorney Maurice Fox, staff and interested citizens. Motion by Alderman Abramson "I move that the Clerk dispense with r8ading the Minutes of September 13, 1973 and that they be approved as printed." Motion was second8d by Alderman Cavarra and passed 4-2. Aldermen Howard and Hulsey voted "nay." Motion by Alderman Abramson "I move we add the following paragraph to the Minutes of March 29, 1973 'Resolution No. 221 was introduced by Alderman Donaldson and read. Motion by Alderman Abramson "I move that Resolution No. 221 pertaining to adjustment of the Public Works Budget be adopted. Motion was seconded by Alderman Cavarra and passed 5-0. Alderman Pepe was not present.' And I move that we approve the Minutes of July 26, 1973 and August 1 and 2, 1973." It was stated the omission from the March 29, 1973 had been discovered by the Clerk at a later date, and should have been a part of that meeting's record. Motion was seconded by Alderman Donaldson and passed 4~2. Aldermen Howard and Pepe voted "nay." Alderman Pepe explained he had not been present at one of the meetings. Resolution 1\10. 241 commending the Citizens' Task Force was introduced by Ald8rman Donaldson and read. Motion by Alderman Abramson "I move Resolution No. 241 be passed." Motion was seconded by Alderman Hulsey. Alderman Hulsev stated the Task Force had done an outstanding job which would help Council for years to come and that he would like to personally thank them. Alderman Cavarra stated the 1974 Proposed Budget reflects Task Force recommendations. Motion passed 6-0 A 3.2% fermented malt beverage package license for PDQ Food Stores at 12755 West 32 Avenue came up for d8cision. Motion by Alderman Cavarra "I move that a 3.2% carry-out license be approved for PDQ at 12755 West 32 Avenue because an overwhelming number of people were in favor according to the City's survey, and the applicants had proven their reputation to the community." Motion was seconded by Alderman Donaldson and passed 5-0. Alderman Howard abstained because he had not be8n present at the hearing. WZ-73-2o Rezoning Case came up for decision. Glen Tavlor, Acting Planning Director was asked to pr8sent facts not properly presented at the hearing. He stated an additional party, not represented at the hearing owned a 15 foot strip of the property in question and also that the lots Mr. Lockhart had intended keeping, though included in the presentation to Council, had not been included in the original application nor at the Planning Commission H8aring. Motion by Ald8rman Cavarra "I move that Case No. WZ-73-20 be sent back to the Planning Commission for further study and clarification." Motion was secondBd by Alderman HulsBY and passed 6-0. In answer to a question from Mavor pro t8m P8pe, Mr. Lockhart said th8re was a contract drawn up on the 15 foot strip. A Treasurer's Report was given by City Treasurer James Malone. Report indicat8d that 67.2% of the anticipated revenue had been r8c8ived and 61 7% of the appropriation had b8en expended. MINUTES - September 20, 1973 - Continued -2- Resolution No. 242 presented by Treasurer James Malone Wffi introduced by Alderman Donaldson and read. The Resolution pertained to reinvestment of funds at Wheat Ridge National Bank Motion by Alderman Abramson "I move Resolution No. 242 be adopted." Motion was seconded by Alderman Donaldson and passed 6-0. Resolution No. 243 pertaining to reinvestment of funds at Jefferson Bank and Trust was introduced by Alderman Donaldson and read. Motion by Alderman Abramson "I move Resolution No. 243 be adopted." Motion was seconded by Alderman Donaldson and passed 6-0. WZ-73-19 Rezoning Case was heard. Glen Tavlor, Acting Planning Director stated 1. F.L. Hildenbrand had requested a change from Residential-Two to Restricted-Commercial-one at the rear of 3925-4001 Wadsworth, to provide parking for adjacent commercial uses. 2. The Planning Commission recommended approval because it conformed to the Land Use Plan and that the present zoning made the property difficult to utilize, and that it fronted on a 30 foot alley instead of a street. 3. That no one had appeared either in favor or in opposition at the Planning Commission Hearing. 4 That the applicant owned an adjacent piece of Commercial-One property which was approximately 175 feet deep. 5. That Restricted-Commercial-one allowed parking lots. 6. The property had been properly published and posted. David Deuben, attorney of 4315 Wadsworth and representing the applicant presented two papers into evidence 1. A portion of the zoning map showing surrounding zonings, and 2. A portion of the City's future Land Use Plan for the area. He stated 1. The land was not usable for a double because there was no frontage on a street. 2. The surrounding uses included a filling station site to the south, a medical building to the north, and an insurance building and vacant ground to the east 3. That the future Land Use Plan shows commercial. 4 That Restricted-Commercial-One would be a buffer between the Residential-Two to the west and the commercial uses. 5. That he had I tters stating this was not an area of known gravel deposits and not large enoJgh to be a commercially feasible gravel operation. He called Richard Hepworth of 471 S. Garfield. Mr. Hepworth stated 1. He was a soil engineer employed by Chemical and Associates Inc. 2. He had a degree in geological and soil mechanics, and was a professional engineer. 3. He had made a test hole on the site in question and the test indicated clay-sand to a depth of 27 feet and then bedrock of the Denver- Arapahoe formation. Also, water was found at 12 feet and no sign was found of gravel or other materials mentioned in House Bill 1529. No one else appeared in favor and no one appeared in opposition. Motion by Alderman Abramson "I move that Case WZ-73-19 be tabled for a decision to be rendered during the normal course of the meeting of September 27, 1973." Motion was seconded by Alderman Hulsey and passed 6-0. Public Works Director Glen Tavlor asked Council to consider a study of the Harlan Street Drainage Basin and asked approval for McCall, Ellingson and Morrill Inc. to do the study in accordance with a proposal submitted by them to the City. He said the area covered would be Harlan to Pierce and 32 Avenue to Clear Creek and the study would provide an analysis of the adequacy of existing facilities and "alternative solutions." MINUTES - September 20, 1973 - Continued -3- Motion by Alderman Hulsey "WHEREAS, the City of Wheat Ridge is desirous of improving certain drainage deficiencies in the area bounded by Sheridan Blvd, Pierce St., Clear Creek, W. 32nd Ave., and WHEREAS, these improvements are necessary for the protection of the health and welfare of the residents of the area, a~d WHEREAS, a study of the area is necessary to determine the type and location of facilities, and WHEREAS, McCall-Ellingson and Morrill, Inc., have s~bmitted a proposal to conduct such a study. I THEREFORE MOVE that Mayor Anderson be authorized to retain the firm of McCall-Ellingson & Morrill, Inc., for the purpose of conducting a drainage study of the area bounded by Sheridan Blvd., Pierce St , Clear Creek and W 32nd Ave., with funding for the 1973 portion of the project not to exceed $9,500.00. I FURTHER MOVE that Mayor Anderson be authorized to engage a competent soils exploration firm to perform such soils analysis necessary to support the drainage study at a cost not to exceed $1,500.00. Funds for both portions of the project are available in Account 432 51, New Systems and Engineering" Motion was seconded by Alderman Donaldson and passed 6-0. A copy of the proposal, dated September 6, 1973 is filed in the General File under "Drainage - Harlan Street Drainage Basin" with reference to it under "McCall-Ellingson." Motion by Alderman Abramson "I move that Eugene A. Fortier be appointed to serve as a representative to the Regional Transportation District Board, in concurrence with Jefferson County Resolution of September 17, 1973." Motion was seconded by Alderman Cavarra and passed 6-0 Ordinance No. 135 pertaining to a use tax came up for final consideration with the action passing said ordinance on second reading on September 13, 1973 having been set aside by a subsequent Motion on request of City Attorney Maurice Fox. The Ordinance was read in its original form, prior to the amendments made on September 13, 1973. Motion by Alderman Abramson "I move that Ordinance No. 135 be amended as follows 1. Add the following to Section Two 'For the purpose of this section, Forty Percent (40%) of the valuation of the improvement as stated on the permit shall be deemed to be the sale value of the construction and building materials stored, used, or consumed therein, and subject to the provisions of Section 3.' 2. Re-number Sections Four and Five to Five and Six respectively. 3. Add 'Section Four. Disputes-Appeals. Should a dispute arise as to the value of construction or building materials under the provisions of Section 2, the person applying for the permit shall nevertheless pay the tax under the provisions of Section 3. He may then apply to the City Treasurer, stating the basis of his claim on forms provided by the City Treasurer. It shall then be the duty of the City Treasurer to de- termine the question of adjustment.' 4. Add the following to Section One 'a. To the storage, use, or consumption of any tangible personal property the sale of which is subject to a retail sales tax imposed by the City or town, b To the storage, use or consumption of any tangible personal property purchased for resale in the City or town, either in its original form or as an ingredient of a manufactured or compounded product, in the regular course of a business, c. To the storage, use, or consumption of tangible personal property brought into the City or town by a nonresident thereof for his own storage, use, or consumption while temporarily within the City or town, d. To the storage, use, or consumption of tangible personal property by the United States government, or the state of Colorado, or its institutions, or its political subdivisions in their governmental cap~cities only or by religious or charitable corporations in the conduct of thelr regular religious o~ charitable functions, MINUTES - September 20, 1973 - Continued -4- e. To the storage, use, or consumption of tangible personal. property by a person engaged in the business of manufacturing, co~poundln~ for sale, profit, or use any article, substance, or commodity, WhlCh tanglble personal property enters into the processing of or becomes an ingredient or component part of the product or service which is man- ufactured, compounded, or furnished and the container, label, or the furnished shipping case thereof, f. To the storage, use, or consumption of any article of tangible personal property the sale or use of which has already been subjected to a sales or use tax of another county, City, or town equal to or in excess of that imposed by this article. A credit shall be granted against the use tax imposed by this article with respect to a person's storage, use, or consumption in the City or town of tangible personal property purchased by him elsewhere. The amount of the credit shall be equal to the tax paid by him by reason of the imposition of a sales or use tax of another aunty, City, or town on his purchase or use of the property The amount of the credit shall not exceed the tax imposed by this article. g. To the storage, use, or consumption of tangible personal property and household effects acquired outside of the City or town and brought into it by a nonresident acquiring residency, h. To the storage or use of a motor vehicle if the owner is or was, at the time of purchase, a nonresident of the City or town and he purchased the vehicle outside of the City or Town for use outside the City or tow, and actually so used it for a substantial titled, and licensed said motor vehicle outside of the City or town. i. To the storage, use or consumption of any construction and building materials and motor and other vehicles on which registration is required, if a written contract for the purchase thereof was entered into prior to the effective date of such use tax. j. To the storage, use, or consumption of any construction and building materials required or made necessary in the performance of any construction contract bid, let, or entered into at any time prior to the effective date of such use tax ordinance or proposal.' 4. Change Section 6 to read as follows 'Section Six. Effective Date. This Ordinance shall take effect and be in force five (5) days after pub- lication folloWing final passage providing it shall have been passed by an affirmative vote of three-fourths (3/4) of the members of the City Council, otherwise said Ordinance shall take effect thirty (30) days after publication following final passage.'" Motion was seconded by Alderman Donaldson and passed 6-0. Motion by Alderman Donaldson "I move that Ordinance No. 135 be passed on second reading as amended and be ordered published and posted." Motion was seconded by Alderman Abramson and passed 6-0. A contract between the Jeffco County Clerk and the City of Wheat Ridge pertaining to collection of the use tax was discussed. Motion by Alderman Abramson "I move that the Mayor be authorized to sign the contract between the City of Wheat Ridge and the County of Jefferson for collection of use tax with a 5% commission imposed for collecting which will be retained by the County Clerk. The agreement to be in force through December 31, 1974 and subject to renegotiation December 1, 1974." Motion was seconded by Alderman Cavarra and passed 6-0. Motion by Alderman Cavarra "I move that the Mayor be authorized to negotiate for a Planning Director, to bB selected by the Planning Commission within the salary provisions of Ordinance No. 134, Series of 1973 and that moving costs be borne by the City." Motion was seconded by Alderman Donaldson and passed 6-0. Resolution No. 244 congratulating Mayor Anderson on the birth of his son was introduced by Mayor pro tem Pepe Motion by Mayor pro tem Pepe "I move Resolution No. 244 be adopted." Motion was seconded by Alderman Abramson and passed 6-0. MINUTES - September 20, 1973 - Continued -5- The Affirmative Action Plan, tffi 1974 and later Pay Ordinance, and the Classification Manual were presented to Council by Walter Johnson, staff administrator He stated these had been prepared by the Personnel Committee and that according to federal regulations the City must have a full-time [EO Director which he interpreted as someone with a full-time job with the City for whom this would be an extra job. Motion by Alderman Abramson sign the affirmative action Donaldson and passed 6-0. "I move that the Mayor be authorized to plan." Motion was se[Drned by Alderman Mr. Johnson reviewed the Classification Manual and said a Resolution had been written for approval and acceptance of the manual which Resolution could be passed after Council has had the opportunity to study the manual. He added in answer to a question that the average raise was 8 6%. Alderman Cavarra recommended that qualifications be included for a City Administrator. Alderman Howard agreed. Mr Johnson stated that this classification would be written by the Per- sonnel Committee and included in the manual and that usually a degree in Public Administration is one of the qualifications for City Administrator. Ordinance No. 138 was introduced by Alderman Donaldson and read. Said Ordinance pertained to 1974 city pay scale and positions. Motion by Alderman Donaldson "I move that Ordinance No. 138 be passed on first reading and be ordered published and posted" Motion was sec- onded by Alderman Hulsey and passed 6-0. Alderman Abramson suggested that a limited number of hearings be held on the first and third meetings of the month in order to catch up with the backlog of zoning cases that presently existed. Discussion followed as to Arvada's policy of beginning meetings at 5 30 p.m. and the policy of some cities to limiting the time of speakers and limiting the number of speakers to those who sign in before a meeting begins. Alderman Abramson was asked to bring more definite information as to the amount of the backlog to a future meeting Motion by Alderman Hulsey "I move that the City accept a deed from the Harlan Apartment Company and a temporary easement from Virginia Clark." Motion was seconded by Alderman Donaldson and passed 6-0. Meeting was adjourned at 10 35 p.m. ,/;~~C-{ 7 Louise F. Turner City Clerk --/ (~--C.-/"'----1/..-L~ APPROVED -, / 1/-' //<---f/ ,_ /'- ~~/~ ) ;1 ~/jcCALL/ FLLihICSOf\! & rvJORRILL; Ji'~C CO~"3'JLTI'"3 ENGiN=~?S 1721 HIGH STREfT DENVER COLOil!\[)O 80218 TELEPHONE 303 321 2282 MINUTES - September 20, 1973 - Page 6. HClfJ:cl G Eliingson, P.E. HeiDert S. ~/cCaJJ, P E. C> L.S. G 10cft B ~:Qrfill, P,E Hafry A. Cornell, P.E, H~nri H Fuqua Jr ~eptembQr 6, 1973 CITY OF ImEl\T RIDGE 7470 West 38th Ave h~eat Ridge, Colorado 80033 SUBJECT PROPOSAL FOR DR.'\LAGE FOR THE HARLAN STREET DRAInAGE BASHl Gentlemen In accordance 1~ith the rcqu2:o;t of I1r Glen TaJ lor, Director of Public hurLs, this proposal is submitted for a drainage study and report for the H~rlan Street drainage b2.sin It is proposed that the HorL be performed as described belo" I ENGINEERING SERVIC2:S BY HcCALL - ELLUiCS(Y, & HORRILL, INC It is proposed that Hor-L performed bv per30nnel of OLlr fina be as follo;'7s A Drainage Basin Stud, and Report 1 Perform hydrologic study of the entire drain:J.ge area Hhich "QuId be served by the present outfall to Clear Creek located at W 47th Place near Lamar Street Such an area "'auld be generally bounded by the Rocky Nountain Ditch and \of 32nd Avenue on the South, Wads\mrth Boulevard on the West, North of W 38th Avenue, and Lutheran Hospital South of IV 38th Avenue, Sheridan Boulevard on the East, and Interstate 70 on the r:orth 2 Confirm the adequ:J.cy of the present outfall pipeline to accum- ~Odc'"ltc the -:.r1dition-.:.l stoin rn -)r.-[ prJduced ;r~t:~tLn t e abuv~-d':,:~cr- b cl drainage basin 3 Investigate the Harlan Strl'et drainage area only, to determir.e possible schemes for provid ng a storm se"7er system in that drainc:lgce area genera] ly bounded by I'I 32nd Avenlle, Otis Street, Sheridan Boulevard, and Interstate 70 Stl0paulgraphs I A Lf throuic,ll I A 11 beloH apply 0'11; to thi~ drainage arl'~ 4 Research e~istln utilities (C"ity to IJro rc.conls to c1etemine location of unc1ergrc1\'nd i.de diita on e 1stlll s~nrQ S~W0rs at its lptLon ) ./ -..: C1 n OF I,; T RIDGE j\ 1! (~ ALL, ELLli'^iGSON (, 1\ 10r\I\ILL I;\K Pa (-'> Tr.ro SeptUi1Der 6, 1')73 5 } ro L de 2. J::Ji tiunal survey as rQq ui red to sup plement in fo rrna- tion cont"inecl on topos;raphic maps to be rurnished by the City SUd1 surveys, if needed, may be provided by thc' City at its option 6 PllOning 2n:1 au:angin::; for salls exploration to detennine Hhat tYPES of soils rnat~rials will be encountered durin construction, and to provide' ele"ations or bedrock and elevations of the existing water table The Hark Hill be carried out ror the City by an independent firm Hhich specializes in this Hork 7 Layout and investigate alternate storm seHer routes for cost comparison 8 Determine recommendations to be made for constructing a storm seHer along a particular route or routes 9 Determine reco~"endations to be made regarding construction in stages 10 Provide a \Jritten report pres,-nting the resul ts of the study, and recommendations resulting therefrom 'lith discussions and conclusions upon Hhich recommendations are made The report ,vould also contain basic assumptions upon which the study Has founded 11 The dcainage study \Jould speLifically investigate alternate solutions for alleviating drainage vrobl~ms in the ar~a west of the LakesidR Shopping Center South at Interstate 70 II Tlrill SCHEDULE A Draina;;e Basin Study and ReporJ: 1 On the assumption that topographic melps \Jould be available October 1, 1973, the follm'iing timetable is proposed Completion Date Topographic Mapping (by others) October 1, 1973 October 1, 1973 December 31, 1973 January 31, 1974 Suils ~ ploration and Report Drainage Basin Study Drainage Basin Report III ENGINFER1NG FEES fu'JD CHARGES A Draina~R Basin Study and Report 1 It is proposed that the \-lork be performed on a time and expenses basis, Hith payment for services made in accordance vith the folloHing CI i'Y 0"' T R~DCE , """.. i\JcLALL?ELLlNCSON L, IV1CJF<RIl l I"\i( Pase Four SepteillDer G, ]973 Calenclac' 1973 Calendar 1974 Soils E 'pl~ri_ion & Report $ 1,500 9,500 Drainage basin Study Drainage Basin heport $11,000 $4,500 $4,500 IV PAYNfc:NT FOR SERVrr-:ES It is proposed that partial payment for services rendered by made as work progresses upon a monthly basis V TOPOG~\PHIC SURVEYS The City \vill provide topographic mapping of the entire drainage area described involved, and described in suoparagraph I A 1 VI INVEG1'0!(l. OF EXISTING FACILITTES The City "Jill inventory e',isting drainage facilities \vithin the Harlan Street drainage area under study, such as location and siz~s of pipelines, location of inlets and manholes (if not shown on topographic maps), and will provide available information on other existing buried utilities VII RIGHT OF ACCESS The City is to arrange for ri~ht-of-aLccss to private pruperty whicll surveys and soils investigations are to be conducted Our firm appreciates the opportunity to make this proposal Very truly YUllrs, NcCALL - ELLINGSON & HaRRILL, INC . .".~,~~ ca;;,~ H G Ellingson HGE bmp ,\1 r IL ["1""1(-['('\1 i I( '- h \, _ / - ,l.i: 'i I..J") ) 'i \ "I \'~;'i1! I l,jVl\l L....J I\\...... fC2 ~ Lhc,-1t 12 Pri.nLil'd.l ------------------------------- Clt ieI Ensin -'21.- ---_______________________ Project ~lanager ----______________________ Senior Engineer ----_____________________ Design Engineer ----_____________________ Junior Enbineer -________________________ Dr~ftsman ---------______________________ Secreterial (Dirert) --__________________ Chief of Sun evs -----__________________ Party Chi.ef - Ii13trumentman _____________ Survey l, reHm~n -------____________________ Other Personnel ------------------_ S~lary C 11' 1 () t./u 'T' RID 'F P~l l'hrPi~ _ SL [)tL:;c~ei. (), 1973 $30 00 p(~r hour 25 00 pcr h 'ur 22 50 per hour 20 00 per hour 17 00 per hour lL, 00 p r hour 12 00 per hour 8 50 per hour 16 50 per hour 12 50 per hour 9 50 per hour Cost plus 150/: Consultant Services to our fiD", Invoic('r! Cost plus 10~; (i e , geology, aeri~l photogra~"etry) H Lleage 15<;: per Gill' Printing (in-house) Diazo Q 10C per sq ft pro'; @ 10C per COP] Invoiced Cost plus 10,0 Other Direct Exp~ns~s 2 Because required additional survey information L; expected to be minimal, and that I-lh-lcn th~ City may provide, no estimate of cost is inclnded for this \-lark 3 Reimbursement lor "aile; exploration ,vork described in subparagraph I A 6, will be thqt billed directly to the City bv the consulting soils cn[).neering firm retai.nerl 0'; the l,Lt~ Th? €' t~n-r of ~;ojls f~~rloLJ.ti.nr.. i.s largLly g0vern~d by obsec1;2tLons rTIade as t Ie work progr~sses It is esti- mated that $1,500 I-lould be required for this \-lark 4 As is the case for soils exploration work, the Study and preparing th Report is difficult to scope of work is developed 2 the worlc pros res es S14,000 \-lill be required for the \-lark 5 In accordance Hitil t I esti71~ted thnt the distlib~til)Il ,,]ould be as fo 1101'-:0 ti.r:let<..:ble prup(J of tutal job <..0 the cost of performing estimqte because the It is esti.ITtatcJ that d 1n Paragraph IT, it is t p ;mpnts of $]5,500