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HomeMy WebLinkAbout03/22/1976 MINUTES arc "(', ~qn~, Tr~ t.!lree Il'wdred iJrld t.wenl-teLrl 1'e IiI 8fJll"g 01 the Wheat, I\idge Li t L:o'Jncil was called to order bll Mavor Frank Sti te5 at 4355 Field Street at 7 40 p.m. Councilmen presente were f"lary Jo Cavarra, Joseph Donaldson, Rohert Howard, Calvin Hulsey, Larry IVJerkl and Louise Turner. Councilman Joseph Donaldson left the meeting later on. Also present were City Administrator John Jerm3n, City Attorney Maurice Fox, City Clerk clise orougham, City Treasurer James Malone and staff and interesiJIJ citizens. Cii.V Treasurer James Malone gave his Budget and Appropriation Report for the month of February 1975. He stated 13.91% of the estimated re- venue had been received, and 13.84% had been expended. He staLed no funds had been received for Lhe Hevenue Sharing account as yet and 51% has been spent. (Item 1 ) Resolution No. 439 authoriZing the transfer of invested funds from matured U.S. Treasur~ Bills to the Parkland Acquisition Fund checking account was introduced by Councilman Donaldson and was read. (Item 2.) Motion by Councilman Donaldson "I move for the adoption of Resolution No. 439." Motion was seconded by Councilman Turner and passed 5-0. Public Comment was made by Wayne Preston of 3480 Upham Street asked as Co-Chairman of the Sign Code Committee to have an extension of the draft of the revised ordinance until April 19th Study Session. Council agreed. Dr. M.C. Brust of 3875 Newland presented a petition signed by 29 people requesting that a permanent restrairing order be obtained against the resident of 3855 Newland Street for operating a junk and salvage yard in a residential area. Mavor Stites directed the City Attorney to coordinate with the Planning Dept. in looking into this matter. Co~ncilman Howard requested a record of the action taken by the Enforcement Officer on this complaint and property. Item 3. Application for remodeling of Mon Petit Restaurant with a Class G liquor license at 7000 W. 38 Avenue was scheduled. The owner, F. Pourdad was present and stated the request was for remodeling the upstairs rooms of the building and remodeling the kitchen. Motion by Councilman Turner "I move that remodeling reques t at /000 W. 38 Avenue." Councilman Hulsey and passed 5-0. Council authorize the Motion was seconded by Item 4. Application of Lutheran Hospital for approval of the final development plan for a Planned Commercial Development for property at NE intersection if Dudley St. and W. 35 Avenue known as Case WZ-75-01 was scheduled. The Preliminary Plan was approved 2/23/75 with directions to reconsider the traffic flow with alternatives. Dennis Zwaqerman gave the proposed traffic plan which was approved by the staff which allowed exiting for the existing buildings on W. 38 Avenue and for the 3 new office buildings to be able to use 38 Ave. and W. 35 Avenue and Dudley as exits with the Dudley exit marked "one way" to encourage use only by people using the new buildings. He stated other alternatives had been considered Mr. harl Sireuferi, President. of LUI,heran Hospital and Carlisle wuy architect for the hospital were present. Speaking in opposition were George Christenson of 3555 Dudley who stated he represented 180 people who had signed the pei tion in opposi Lion to parts of the plaIr, but 101. the concept. e guve a proposed traffic pattern plan that liDuld enter to the we t and eyit to the east in a circulation of the property and that W. 35 Avenue should be dedicated for future development to ac- commodate the reasonable development of the area. MINUTES - 3/22/75 - Continued -2- Mr. Christen50n uryed the Council to request dedication of W. 35 AVEnue to thE ea~t border of the property. He requested that each pha5E: be complBted in total Defore another i5 begun and that the landscape screening be in evergreens He asked that the berms to shield the parking from view be aevated to 3'. Mr. Lee Gerbinq of 3375 Dudley asked why the cars exiting could not be disbursed throughout the neighborhood. Mr. Laurence Levin, attorney of 1700 Broadway spoke on behalf of the hospital and staued the recommended west exit on W. 38 Avenue was owned by the ditch company. Motion by Councilman Turner "I move that Council require W. 35 Avenue to be dedicated the full width of the Lutheran Hospital property." Motion was seconded by Councilman Howard and TIED 3-3. Councilmen Hulsey, Merkl and Donaldson voted "nay." Mayor Stites voted "nay" and MOTION WAS DEFEATED 4-3. Motion by Councilman Merkl "I move for approval of the final development plan of Lutheran Medical Center for a Planned Commercial Development for property located northeast of intersection of Dudley Street and W. 35 Avenue (Case WZ-75-01) and approval of the traffic plan submitted by the applicant tonight and that all berms be a minimum of three feet." Motion was seconded by Councilman Hulsey. Motion to Amend by Councilman Merkl "I move that the developer dedicate that part of West 35 Avenue as shown on the official development plan at such time as requested by the City of Wheat Ridge, which request must be made within 20 Years." Motion was seconded by Councilman Cavarra and passed 4-2. Councilmen Hulsey and Donaldson voted "nay." Motion to Amend by Councilman Turner "I mo~ that Council require the dedication of the remaining portion of West 35 Avenue to the East boundary of the property under the same stipulation." Motion was seconded by Councilman Howard and TIED 3-3. Councilmen Merkl, Donaldson and Hulsey voted "nay." Mayor Sties voted "aye" and MOTION PASSED 4-3. Councilman Turner made 2 Motions that did not receive seconds pertaining to limiting Dudley exiting traffic to the West and utilizing W. 35 Avenue as an exit, and checking into using the property to the west of the property on W. 35 Avenue as an exit/entrance. Question was called on Councilman Merkl's original motion to approve the plan with the subsequent amendments and passed 4-2. Councilmen Turner and Cavarra voted "nay." Item 5. Case WZ-75-07 application by AMT Development Co. for approval of final development plan (PCD) at 11901 West 44 Avenue was scheduled. Dave Deuben, attorney at 4315 Wadswath Blvd. was present who represented the applicants. John Helgren of 2727 E. 2nd, Denver spoke for the applicants and explained the berm will run East and West along the south property line which will create an on site storage pond. Speakinq in opposition were Ralph Deorio of 3051 Nelson Drive who stated he had a letter of protest against the zoning of mini-storage buildings along W. 44 Avenue and felt that such type buildings should not be along a heavily traveled street and that more attractive buildings are needed. Dennis Dick of 12000 W. 44 Avenue stated he had a letter of legal protest and he objected to the unattractive concrete buildings and did not think an industrialu~~s a proper buffer to the residential area. Ci tv Attorn.e_'L!':~ stated a legal protest is valid on rezoning questions only. MINUTES - 3/22/76 - Continued -3- Motion by Councilman Merkl "I mOVe for approval of the Preliminary Plan by AMT Development Co. at 11901 West 44 Avenue." Motion was seconded by Councilman Donaldson and TIED 3-3. Councilmen Howard and Cavarra voted "nay" and Councilman Turner voted 'Inay' stating it was totally unappropriate for the area. Mayor Stites voted 'IAye' and MOTION PASSED 4-3. Motion by Councilman Cavarra "I move that the landscaping be increased to 20% and that the heighth of the bern along W. 44 Avenue be increased a minimun of three feet." Motion was seconded by C~ncilman Turner and TIED 3-3 Councilmen Donaldson, Hulsey and Merkl voted "nay." Mayor Stites vot.ed "nay" and MOTION WAS DEFEAtED 4-3. Councilman Turner requested that ihere be a change in the law that when an industrial use is in a commercial zoning that the industrial requirements of setback etc. be met. Item 5. Case WZ-75-07 application by AMT Development Co. for approval of final development plan at 11901 W. 44 Avenue was scheduled. Motion by Councilman Merkl "I move for approval of the final development plan of AMT Development Co. at 11901 West 44 Avenue as presented." Motion was seconded by Councilman Hulsey. Motion to Amend by Councilman Cavarra "I move that the landscaping be increased to 15% and the heighth of the berm be increased to a minimum of three feet." Motion was seconded by Councilman Turner and TIED 3-3. Councilmen Hulsey, Merkl and Donaldson voted "nay." Mayor Stites voted "nay" and MOTION WAS DEFEATED 4-3. Question was called on Motion to approve final development plan and TIED 3-3. Councilmen Turner, Cavarra and Howard voted "nay." Mayor Stites voted "aye" and MOTION PASSED 4-3. Item 9. Resolution No. 440 commending the Wheat Ridge Fire District in helping to obtain a better fire rating for the community was introduced by Councilman Merkl and was read. Fire Chief Jack Willis was present. Motion by Councilman Turner "I move Resolution No. 440 be approved." Motion was seconded by Councilman Hulsey and passed 6-0. Item 7. Ordinance No. 210 providing for public hearings by amending Ordinance No. 9S was introduced by Councilman Howard and the title was read Motion by Councilman Merkl "I move for adoption of Ordinance No. 210 and order it published." Motion was seconded by Councilman Howard and passed 4-1 Councilman Turner voted "nay" and Councilman Donaldson was absent for the rest of the meeting. Item S. Ordinance No. 205 granting ROW to the Valley W~er District for laying pipeline with an accompanying agreement was introduced on second reading by Councilman Howard and the title was read. Motion by Councilman Merkl 205 and order it published." "I move for adoption of Ordinance No. Motion was seconded by Councilman Hulsey. Motion to Amend by Councilman Hulsey "I move the agreement Section 9 have the second sentence changed to read as follows 'In the event that. d8signated disposal site cannot be used to dispose of the total amount of sxcess earth, then the city reserves the right to designate another site that the district shall use for disposing of said excess earth, such site shall be at a location within a reasonable distance to the designated site in Appendix C."I Motion was seconded by Councilman Turner and passed 5-0. Councilman Turner made a would protect th8 water damaged by this project. motion with no second to guarantee the City of domestic wells if they were temporarily fVIINUTE.S - 3/22/75 - Continued -4- Councilman Howard qU8s~ioned if the routes for the trucks and equipment were the only routes that could be used and if this was inflexible. Mr Cochrell, atiorney of 6510 West 14 Avenue representing the Valley Water District stated they did not anticipate wells to be disturbed due to the scope of i-he job and Lha t he saw no problems wi th the routes designated and felt they were flexible. He also stated potable water would be supplied if needed. Question was called on adoption of the Ordinance No. 205 and passed 5-0. Councilman Cavarra voted "aye", Councilman Howard voted "aye", Councilman Hulsey voted "aye", Councilman Merkl voted "aye", and Councilman Turner voted "aye". Councilman Donaldson was absent. Motion by Councilman Merkl "I move we authorize the Mayor to enter into a contractual agreement with the Valley Water District as amended and to sign the contract." Motion was seconded by Councilman Hulsey and passed 5-0. Councilman Cavarra voted "aye', Councilman Howard voted "aye", Councilman Hulsey voted "aye", Councilman Meril voted "aye" and Councilman Turner voted "aye'. Item 10. purchase of police evidence building was scheduled. Mr. Jerman stated there would be the cost of a slab to place the building on, and recommended that the following options be added to the building 2 large double doors on the end - $45, 2 windows 3'X3' - $32 each, air conditioning - $355, deadbolt in door - $17.00. Motion by Councilman Merkl "I move we authorize the City Administrator to buy a Bilt-Rite Mfg. Co. building at a cost not to exceed $3500.00, with this amount to include fencing, and fence posts and an asphalt slab to be charged to Account 548.00." Motion was seconded by Councilman Cavarra and passed 5-0. Item 11. was a report from Galbraith and Green Inc. on bids received for property, liability and umbrella insurance for the City of Wheat Ridge Gary Kispert of Galbraith and Green was present and stated 2 bids were received Great American and Mission for a total of $17,519 and Hartford Insurance for a total of $22,928. Norman Gallaher of Hartford Ins. was present. Motion by Councilman Merkl "I move the City of Wheat Ridge award the bid for property liability and umbrella coverage to Great American and Mission Insurance Co. at a sum not to exceed $17,519.00 for an annual premium to be charge to the following accounts 420.35 - $5519.00, 440.35 - $5,000.00, and 460.35 - $6,000.00." Motion was seconded by Councilman Cavarra and passed 4-2. Councilmen Hulsey and Turner voted "nay." Councilmen Hulsey and Turner felt that Hartford Ins. had given good service in the past and were leary of switching to a new insurance co. Item 12 approval of purchase of the audio/recording/transcribing equipment for the Council Chambers was scheduled. Councilman Cavarra requested that voting lights be looked into to be incorporated into the new system. Motion by Councilman Merkl "I move to approve the purchase of audio equipment from Audio Visual System Inc. at an estimated cost of $2600, and authorize transfer of funds from Account 499.55 Unallocated Reserve to Account 410.42." Motion was seconded by Councilman Howard and passed 4-1. Councilman Turner voted "nay." Item 13. approval of the Insurance was scheduled. receiving more favorable insurance companies. renewal of the Police Protective Liability Mr. Kispert stated there was a possibility of bids but he had not heard back from other Motion by Councilman Cavarra "I move that the insurance be continued through Johnson and Higgins pending notification of more favorable bids for Police Professional Liability insurance to be charged to the accounts u8 follows 421.35 - $1225; 422.35 - $5,000, 423.35 - $500.50 for a total amount of $7,825.50." Motion was seconded by Councilman Merkl and passed 5-0. The policy period is from 3/31/75 to 3/31/77. MINUTES - 3/22/76 - Continued -5- Item 14. Proposed agreement with KKBNA Engineering Consultants for professional services in connection with drainage projects in the vicinity of W. 4B Avenue and Pierce, W. 35 Ave. and Marshall and W. 34 Avenue and Teller at a cost not to exceed $35,500 was scheduled. Councilman Cavarra and Turner both were concerned thaI this engineering work would tie in with the engineering work done on the Harlan Street Drainage Study. Councilman Turner also asked if the firm that had done the Harlan Study had been contacted due to the fact that several alternatives had been given in their study. Mr. Hobbs stated KKBNA had a copy of the Harlan Street Drainage Study. Motion by Councilman Hulsey "I move the City approve and authorize the agreement with KKBNA Engineering Consultant.s (for drainage projects) at an expenditure of funds not to exceed $35,500 to be charged from Account 540.00." Motion was seconded by Councilman Merkl and passed 3-2. Counci~man ~urner voted "nay", Councilman Cavarra voted "nay" after beingasK~sEould not abstain for reasons that not enough sufficient information was given, Councilman Hulsey vot.ed "aye", Councilman Merkl voted "aye", and Councilman Howard voted "aye." Meeting was adjourned at 11 35 p.m. Ane Executive Session with the Personnel Commission was held prior to the meeting at 5 45 p m. and an Executive Session was held after the meeting with the Chairmen of the Personnel Commission and Civil Service Commission , ." ')i E71HeBrdlJg~m, City Clerk APPROVED ~f3 ; -;I-~'~/ 7 (