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
--/
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APPROVED
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~/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