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HomeMy WebLinkAbout05/15/1975 MINUTES May 15, 1975 The ~wo hundred and eighty-sixth ragular maating of tha Wheat Ridga City Council was called to order by Mayor Homar Roasenar at 7 30 p.m. at 4355 Field Straet. Aldermen attending were Mary Jo Cavarra, Joseph Donaldson, Calvin Hulsey, Robart Howard, Larry Merkl. Alderman Louisa Turner was absen~. Also attending ware City Administrator John Jerman, City A tornay Maurica Fox, City Clerk Elise Brougham staff and intarastad citizens. Motion by Aldarman Markl "I move that tha Minutas of May 8, 1975 be tablad ona weak." Motion was seconded by Alderman Donaldson and passed 5-0. Public Comment was made by Mr. K.W. Fitzpatrick of 4565 Yarrow Stated that there was only one access to the apartment units on Yarrow which caused a bad traffic problem. He stated there was also speeding on 'he street and that the Police Dept. had been helpful but could not patrol it all the time. He stated thJ re was a petition being circulated requesting that the street should extend to W. 44 Avenue and that he wanted to go on record that he had asked for something to be done before an accident occurred. Alderman Hulsev requested that Mr. Jerman look into the worth of the property involved. Mr. Charles Hustead of 6097 West 40 Avenue stated he had received a brochure to vote for McNichols and then he read in the paper that Wheat Ridge was paving streets in Denver. Mavor Roesener stated this must be an oversight or a typographical error. Mr. Hustaad also stated la~ year tha city craws pavad Garrison from W. 44 Avenua to 1-70 and he faIt it did not naed it until W. 45 Place and than what was was done was worse than bafore. Ha felt thay should ba in- structed on paving or hira someone who knows how to do it. He stated that this year Harlan needs to be paved from W. 38 Ave to W. 44 Ave. and should not start at W. 39 Ave which was in the paper. He stated the turn signal at W. 38 Ave. & Harlan has been out for several months and has been told they are waiting for parts, but he did not think it should take this long. At W. 44 Ave. & Pierce at the car wash he stated he saw city crews repairing private property in the car wash lot. He stated since Public Service Co. had put in the lYe on W. 35 Ava. to Nawland it was in bad condition and the work should ba inspectad. He stated he had also noticed walk buttons that do not work at W. 38 Ave. & Harlan, W. 38 Ave. & Pierce and W. 44 Ave. & Harlan. Discussion of establishment of City Policy on replacing curb, gutter and sidewalks etc. was scheduled. Mr. Thies, Chairman of the Public Works Committee stated the Committee's recommendations still stand on the issue. Alderman Cavarra questionad whether repair and patching of the walk was possible and ~r. Tavlor stated the cost was prohibitive. Alderman Hulsev stated thera was normal deterioration from sidawalks and also there were sidewalks deteriorating because of the condition of the straet. Motion by Alderman Cavarra "I move that wa direct the City Attorney to draft an ordinance on the replacement, repair and removal of curb, gutter and sidewalk basad upon tha recommendation of the Public Works Committee with the excaption if the cause is a drainage problem, then tha City will bear some cost." Motion was seconded by Alderman Merkl. Alderman Merkl he also wanted the specification that the city would tear out the old sidewalk in the ordinance. ~ion passed 5-0. Mr. Thias quastioned if this would mean that nothing was done until a fixed policy was established on any project in the City. Motion by Alderman Merkl "I move that the Public Works Department MINUTES - 5/15/75 - Continued -2- be directed to solve the problem in these areas W 31 Ave. & Wright, and W. 29 Ave. & Gray before the streets cave in. And I further move if the collapsing sidewalk is caused by the collapse of the street, then it be repaired at city expense, and if it is not caused by the street then it will not be fixed at city expense." Motion was seconded by Alderman Hulsey. Discussion followed. Alderman Howard stated he was not sure but that the problem at W. 31 Ave. & Wright was the responsibility of the contractor. Mr. Jerman stated that if these areas were not repaired the city might lose the whole street and the Public Works Director is to look into the engineering problems/ Mayor Roesener commented that he was not sure that the reservoir wasn't leaking at W. 29 Ave. & Gray. Alderman Donaldson stated he was opposed to replacing sidewalk. Alderman Hulsey stated the intent of the Motion was that it would be replaced if the street was breaking up. Mayor Roesener questioned who decided it was the fault of the street, and Alderman Hulsey stated it would be the Public Works Director responsibility. Alderman Cavarra also asked if it was the intent of the motion that if it was another entity's fault then they would be responsible and Alderman Merkl stated "Yes." Question was called on the Motion and MOTION WAS DEFEATED 3-2. Aldermen Howard, Cavarra and Donaldson voted "nay." Alderman Merkl stated that the Public Works Director should barricade off both street for safety. Alderman Donaldson stated he agreed that W. 29 Ave. & Gray was a special problem, but he would not give blanket approval for the whole city. Mr. Carlos DeMoraes of RTD spoke and gave a slide presentation on the Automated Rapid Transit System. He stated when the program is developed it would result in significantly less miles traveled by car. He showed various routes for the system and some would be elevated and some would be along the ground. He stated the system goes faster than buses and have less ~erating cost. Mr. John Hardaway, Chairman of the Mass Transit Committee mentioned that the City could be divided with Wadsworth and Kipling as a limited access. Public Hearinq for a Class D liquor (package) license for Buel Albert Dunn dba Bunny's Bottle Liquor Store at 9900 West 48 Avenue. Court Report Ruth Carsh was present and took down the proceedings. Linda Kuennen gave the results of the City investigation with 41 r'yes", 19 "No" and 40 "No opinion." Felix LePore, attorney was present who represented the applicant. He stated the address was an anticipated shopping center Applicant Buel Dunn stated he is financially responsible and plans to borrow on his Ceritificate of Deposit at the bank at 2% for the business In anffier to a question, he stated there was need in the area for a liquor license because he would get business from people going into Arvada to the north He stated he was a U.S. citizen and had never been convicted of a felony. Roy Dunn testified he had obtained 141 signatures on a petition, and another petition was presented which had been circulated by Mrs. Dunn. City Attorney Fox stated that in view of ths fact that he was borrowing money he should change the answer on #14 of the staLe application. The applicant complied. No one appeared in opposition. Motion by Alderman Merkl "I move for the approval of a Class D retail package liquor license for Buel A. Dunn dba Bunny's Bottle Liquor Store at 9900 West 48 Avenue, and that the license not be issued until completion of the structure in compliance with the plans shown at Council this evening." Motion was seconded by Alderman Howard and passed 5-0 MINUTES - 5/15/75 - Continued -3- Public Hearinq on change of ownership of a Class G liquor license of Red Carpet Inn to Ramada 1-70 West at 10101 1-70 N. Service Road was scheduled. The applicant was John E. Green. City Attornev Fox stated h8 had reviewed the file and there are 2 issues The character of the people applying for the license and approval of the change in plans which were approved when the license had been applied for. Ben Love, attorney represented the applicant. Mr. Green was present and steed he lived at 4581 Pierce and wa~ construction expediator for D.C. Burns Rreal~y. Robert C. Lewis of 10434 1A W. 44 Avenue was also present and stated he would be manager of the business. Mr. Love explained the modified plans. He stated there had been no structural changes, and there were various changes such as a stage, a sunken bar, the restrooms were moved and enlarged. Mr. Green stated in answer to a question there had been a change in the seating capacity in the loung9 and restaurant No one appeared in opposition. Motion by Alderman Merkl "I move for approval of the change of ownership of Red Carpet Inn to Ramada 1-70 West and to owner John E. Green." Motion was seconded by Alderman Hulsey and passed 5-0. Motion by Alderman Merkl "I move that the license be issued on the modified approved change in building plans of Red Carpet Inn now called Ramada 1-70 West at 10101 1-70 N. Service Road." Motion was seconded by Alderman Donaldson and passed 5-0. Public Hearing for rezoning property at Kipling Street from W. 35 to W. 38 Avenue from Residential-Three-A to Plarred-Commercial-Development was scheduled. The applican~~re Peter and Patricia Mirabella who were present. David Shelley of the Planning Dept. stated the surrounding use of the land was vacant, Agricultural, a duplex and commercial and office. The Land Use Plan for the area is low density residential. The Planning Commission recommended approval and recommended amending the Land Use Plan by extending commercial to the south boundary of the proposed rezoning, then high density and then medium density. City Attornev Fox stated the proposal by the Commission is too broad because it goes past the land in question, but if the land is rezoned then that does in fact change the Land Use Plan. Mr Shelley stated the Planning Dept. recommends approval. Alderman Cavarra questioned why the Land Use Plan should be changed. Alderman Howard stated the parcel is surrounded by 3 sides by low density. Mr. Shelley stated the Dept. of Highways would require a 10' deceleration lane, and the ulheat Ridge Fire Dept. objected to the narrow opening on Kline Street and that 2 fire hydrants are required. Mr. Tom Reck, architect explained the plans. He stated the building is compatible with the existing area and there would be little use of the area when the people living in the surrounding area would use Kline St. He stated there would be shielding landscaping on the west and south. He stated the plan would give a good appearance to Kipling. He stated they had talked to residents along Kline and they had not objected, and that some had noted it was quieter when some other offices had been put in. Alderman Howard asked if traffic counts had been taken and they had not been. Alderman Merkl noted there was a high vacancy rate in the city for office space. Alderma~ Cavarr~ stated to change the Land Use Plan in the area has broad implications and asked if an analysis of trips per day compared to allowable units of present use had been done. ~R~~ stated there were 110 parking spaces and the present zoning would allow 24 units MINUTES - 5/15/75 - Continued -4- Mr. Reck stated that there will be a collector basin for drainage which will flow to natural drainage, and the amount of flow from the ground would be metered. Speakinq in Opposition were John Hardaway of 3590 Moore questioned whether this was the best place for an office complex if it- forces further rezoning and creates a traffic problem. M~ Josephine Butler of 9625 W 36 Avenue stated she represented the West Wheat Ridge Improvement Association which was organized in 1961 to prevent a basic residential area from being damaged. She felt this rezoning was "a foot in the door." She statEd ihey were in favor of apartments to be allowed under the present zoning because they would prefer residential character. Mr. Frank Wriqht of 10005 W. 34 Avenue stated he had paid for his view and questioned what the height of the proposed building was. Mr. Reck stated at the south it would be 1~ stories = 15' and at the north the ground slopes and would be 3 stories = 3D'. Mr. Wright also commented he was concerned about the traffic. Mr. Zwaqerman, Director of Community Development stated the residential trips would aver~ 150-200 vehicles trips per day, and the commercial could equal 220 vehicle trips per day. He felt it was a sensitive area for Council to question the demand thus perhaps denying the right of business because someone already has a commercial building. He stated the city engineer stated the drainage plan is adequate. Wavne Welch of 3460 Jellison Court stated this was a good residential community and that strip zoning had been fought in the past. He was for cluster zoning, buffering, trees and multiple dwellings. John Hardawav commented the drainage plan drain towards Lena Gulch and the oil from the parking would pollute it. Motion by Alderman Cavarra "I move that Case WZ-75-05 be deferred one week for a decision and that no further testimony be given." Motion was seconded by Alderman Donaldson and passed 4-1. Alderman Merkl voted "nay." Motion by Alderman Merkl "I move that this meeting not go past 12 midnight and be extended (from 11 p.m.) one hour," Motion was seconded by Alderman Cavarra and passed 3-2. Aldermen Howard and Hulsey voted "nay." Motion by Alderman Merkl "I move ttlt the Ci ty of Wheat Ridge accept the Roboff Deed" Motion was seconded by Alderman Howard and passed 5-0. Approval for appointments to full-time of EEA trainees was scheduled. Mr Jerman stated he did not. contemplate going into such a pn::gram again but approval would fill a commitment made by Mr. Bartholomew. One clerical aide in Community Development was recommended to become permanent. Motion by Alderman Merkl "I move that the City appoint one EEA trainee to Clerical Aide position as of the first of June." Motion was seconded by Alderman Hulsey and passed 4-1. Alderman Howard voted "nay." Mr. Jerman stated that it was hoped that the clerical aide in Public Works could be transfered to Administrative Services Dept. Mr. Jerman explained the agreement between the City and Centennial Engineers Inc. for professional engineering services as req~ired by the Public Works Dept. for street and rela ed work. He stated the appropriation would be for up to $20,000. He stated he proposed to have the engineer write the specifications for all work on the street plan over .2 mile for one bid package to be ready by Ju~, with the bids let during July and all work would be completed by Sept. 1. MINUTES - 5/15/75 - Continued -5- plan Alderman Cavarra felt this was a completely differenlAt-han had been discussed. She thought what had been planned was to hire out seasonal help, ~he Public Works Committee would study contracting versus in-house, that they would try to get maximum utilization of the eq~ipment, and that they could hire a full-lime engineer for $20,000. Mr. Jerman stated this would be a combination of city crews and outside contract work He stated there are 1.5 miles of unpaved s reeLs to do, and the Public Works Dept. has accomplished 4 segments already. It was mentioned the unpaved streets should go ~o the Planning Commission Mr. Jerman stated according to the Resolution 25 inhouse positions are sufficient and all the work will be done by Sept. with contracting Alderman Cavarra felt it was reasonable to keep the present staff during the heavy season and that staffing-up should be done with seasonal help. Alderman Hulsey questioned why all this engineering was needed, and who did the engineering on the unpaved&reets the city had already done. He stated when the Street Plan was adopted, he was told that it was possible to be done. Alderman Cavarra asked what plans have been drawn up on the streets that have been paved also. Alderman Merkl asked how many people were in the Public Works Dept. right now. Mr. Jerman statU there are 34 and are 12 existing vacancies. He proposed to cut 9 people. Alderman Howard asked how soon? Mr. Jerman stated "fairly soon, within the next 30 days" Motion by Alderman Cavar~B "I move that No.1. That we staff with seasonal help complete the 1975 street improvement plan with ~e Public Works Department personnel. No.2. That we ask the Public Works Committee to determine by 8/1/75 so that it C1n be incorporated in ~e 1976 Budget which of the foTIowing is most economically feasible 1. Hiring a contractor for overlay and paving with private contractors. 2. Having city crews to be supplemented by seasonal employees." THERE WAS NO SECOND AND MOTION DIED. She stared it did not make sense to layoff people in the productive season, and have the equipment idle. Mr. Jerman stated all of the equipment has been appreciated out and the City has gotten its value from the equipment. Alderman needed. would be Hulsey stated that it appeared that Mr. Jerman stated "Ves' and that it employees. an engineering staff was would be contracted or Mr. Sellers of Centennial Engineers was present and &ated the company would be "an extension of Glen Taylor's arm" and he would contact them as they are needed Motion by Alderm~n Merkl "I move that the City accept the agreement with Centennial Engineering Inc. as worked out with our City Attorney." Motion was seconded by Alderman Donaldson and passed 4-1 Alderman Cavarra voted "nay." Motion by Alderman Merkl "I move that the Mayor and City Clerk be authorized and directed to sign the agreement." Motion was seconded by Alderman Hulsey and passed 4-1. Alderman Cavarra voted "nay." Motion by Alderman Hulsey "I move we pay an additional $800.00 to Centennial Engineering to be charged to Account 441.32 (for extra work in connection with W. 44 Ave. signalization project.)" Motion was seconded by Alderman Donaldson and passed 5-0. Mayor Roese~er stated he had proclaimed May 23-24 American Legion Poppy Days. Repor! by the City Administrator on the status of the budget and salary adjustments was scheduled. Motion by Alderman Cavarra "I move this item be deferred one week so that the Council can have the opportunity to review it." Motion was seconded by Alde~man Merkl and passed 4-1. Alderman Hulsey voted "nay." Mr. Jerman explained the derived budge!, savings and also recommended a new budget appropria!ion schedule wifh salaries in MINUTES - 5/15/75 - Continued -6- one account and then operating expense account and then equipment account to prevent having to change the small appropriations of each line item. Alderman Cavarra asked how much was budgeted for con".racting work and Mr. Jerman stated $250,000 approximately. Meeting was adjourned at 12 08 a.m. APPROVED -) ) ~!i;:i<) ...J.~} t) -