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 (