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HomeMy WebLinkAbout05/10/1976 MINUTES May 10, 1976 The three hundred and twenty-sixth regular meeting of the Wheat Ridge City Council was called to order by Mayor Frank Stires at 7 30 p.m at 4355 Field Street Councilmen present were Mary Jo Cavarra, Joseph Donaldson, Calvin Hulsey, Larry Merkl, Louise Turner. Councilman Robert Howard was absent. Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Elise Brougham, City Treasurer James Malone, staff and interested citizens. Item 1. Resolution No. 444 authorizing investing of funds into savings accts. of various savings and loan associations was introduced by Councilman Donaldson and was read. Motion by Councilman Donaldson "I move for the adoption of Resolution No. 444." Motion was seconded by Councilman Hulsey and passed 5-0. Item 2. was presentation of the City's annual audit which had been done by Alexander Grant & Co. Mr. Charles Hauber of that company was present. He stated the first report was a Financial Statement and Auditor's Report through December 31, 1975 which had a clean opinion letter. The second report was on the Revenue Sharing Fund. The third report was a Memorandum of Advisory Comments. Councilman Cavarra req~ested that, this Memorandum be analyzed and brought back to the Council within 1 month and that the Police Pension Fund deficit was serious. Mr. Jerman recommended that this be scheduled for June 7, 1975. Approval of the Minutes was next. from City Attorney Fox regarding a Special Meeting regarding the Lena Councilman Turner asked for clarification statement he had made at the May 5, 1975 Gulch improvements. Motion by Councilman Turner "I move to change the Minutes (of 5/5/75 Paragraph 10) to read as follows 'City Attorney Fox stated that he would prepare a clause that the Urban Dr~inage District would not seek contribution from the City of Wheat Ridge~feplacement of structures within the City other than those contracted for." Motion was seconded by Councilman Cavarra and passed 5-0. Motion by Councilman Turner approved as amended." Motion passed 5-0. "I move the Minutes of May 5, 1976 be was seconded by Councilman Cavarra and Item 3. was a Public Hearing for a change of ownership of a Class J2 3.2 beer on premises license for Family Fun Center at 5250 West 38 Avenue. The new corporate officers of Family Fun Center Inc. were present as follows John M. Archer of 7000 W. 27 Ave., Anthony M. Archer of 6425 Newland and Gerald A. Archer of 8150 Turnpike Dr., Westminster. They all stated they had never been convicted of a felony. Motion by Councilman Turner "I move that the change of ownership be granted for Class J2 3.2 beer on premises license located at 5250 W.38 Avenue from Country Gentlemen Stores Inc. to Family Fun Center Inc. dba Family Fun Center." Motion was seconded by Councilman Hulsey and passed 5-0. Item 4. was deferred until the Director of Community Development CDuld go to his office to bring back plans of the development. Item 7. was Ordinance No 211 on first reading which was establishing a $5000 franchise tax for Consolidated Mutual Water Co. to be used for fire hydrants Said Ordinance was introduced by Councilman Merkl and was read in its entirety. Virqil Hill of Consolidated was present and spoke in opposition to the Ordinance. Councilman Cavarra mdde a Motion which had no second to table the ordinance until a plan could be drawn up to bring the entire City MINUTES - 5/10/76 - Continued -2- up to fire hydrant standards and not only the area services by Consolidated. Motion by Councilman Merkl "I move for the adoption of Ordinance No. 211 on first reading and order it published" Motion was sec- onded by Councilman Turner and WAS DEFEATED 4-1. Councilman Turner voted "nay", Councilman Cavarra voted "nay", Councilman Donaldson voted "nay", Councilman Hulsey voted "nay" and Councilman Merkl voted "aye." Item B. was Ordinance No. 212 which amended parts of Ordinance No. 15 pertaining to the Board of Adjustment and was introduced by Councilman Merkl and the title was read. Motion by Councilman Merkl "I move for adoption of Ordinance No. 212 and order it published in the Denver Post." Motion was seconded by Councilman Hulsey and passed 5-0. Councilman Cavarra voted "aye", Councilman Donaldson voted "aye", Councilman Hulsey voted "aye", Councilman Merkl voted "aye" and Councilman Turner voted "aye." Item 9. was a Resolution requested by the County-Wide 911 Organization pertaining to a unified 911 System for Jefferson County. Mr. Jerman stated this is endorsement for specific implementation of the plan. Councilman Merkl stated he was in favor of using the existing County plan. Motion was made by Councilman Cavarra "I move the Wheat Ridge City Co~ncil endorse the proposed Resolution concerning resolution of endorsment for the action taken by the County Wide 911 Organization " Motion was seconded by Councilman Donaldson. Motion by Councilman Turner "I move this matter be tabled until there is clarification as to whether or not this would be implementation of a plan or whether additional material is to be provided by developing a study." Motion was seconded by Councilman Merkl and passed 3-2. Councilmen Donaldson and Cavarra voted "nay." Item 4. Application by John Villano, requesting approval of rezoning from Agricultural-One to PID (Preliminary Plat) for property located at west of northwest corner of I-7o & Miller Street was Scheduled for Public Hearing. This is Case WZ-76-o7. Mr. Zwagerman stated the strip along the West and North edge was originally designated as gravel but it will now be asphalt for a fire lane as requested by the Fire District. As a result of this the percentages of coverage are as ftilows Building 33.4%, pavement and drive 49.2% and the landscaping will be 17.4%. This is for mini-warehouses with a caretaker house on the premises. The Planning Dept. and Planning Commission recommended approval. Applicant John Villano of 5995 N. Logan stated he was selling the land to the builder contingent upon rezoning the land. Speaking in Opposition were Michael Ritz of 511 Swadley who recommended that the industrial plan requirements be strictly adhered to and not changed to fit each individual plan. Larrv Toplis who stated he represented Craddock Development and that he was the architect for the Statitrol Bldg. which is adjacent to this property. He stated mini-storage buildings are incompatible with their building and that they can cause a security problem. He stated that his building had met all of the ordinance requirements and that he feared the water would porn in the front and that such a building would harm the land value within the area. Mr. Mooney of 3310 Spotted Horse Trail, Boulder spoke on behalf of Statitrol Corp. and stated the company is planning a sizeable in- vestment and that they felt mini-storage would detract from the~ole area. MINUTES - 5/10/75 - Continued -3- Motion by Councilman Turner "I move we have a show of hands from the audience who are for and against this case." Motion was seconded by Councilman Merkl and passed 5-0. The developer for the plan was not present. Motion by Councilman Cavarra "I move Case WZ-75-05 be denied for the following reasons 1. It does not meet the requirements of the Planned Industrial Development ordinance. 2. There is opposition from the property owners in the immediate area. 3. The development plan does not have an approved legal description nor an approved drainage plan." Motion was seconded by Councilman Turner and passed 5-0. Item 5. Case WZ-75-o7 Public Hearing for application by Gerald Trevana requesting approval of rezoning from Residential-Two and Restricted- Commercial to Commercial-One for property at 9751 W. 44 Avenue was scheduled. Councilman Merkl asked if a PCD had been recommended to the applicant. Councilman Cavarra into a residential neighborhood. approval. The Planning Commission questioned the 700' deep encroachment The Planning Department recommended recommended denial. Gerald Trevena of ~09o W. Colfax was the prospective developer and stated he planned to build a roller skating rink. The three owners of the land were also present Estes, Dr. William and Dr. Doig. George Mass of 3840 Speaking in favor Katherine K. Ten Eyck Lakewood, Jim Ten Eyck and Edward Trevena with Gerald Trevena for development. of 2120 Rosewood Drive, who was in partnership Speaking in Opposition were George Krankola of 4480 Independence adjacent to the property was opposed to the potential noise. Mr. Burry of 4483 Independence stated there was a drainage problem in the area. Eva M. Thomas of 4595 Independence protested the noise. Frances Herron of 4575 Independence objected to a rink next to a school. Also signed up on the Public Comment Roster but did not speak were Mr. Belding, Alma Heiter and Minnie Van Hooser. Mike Ritz asked Council to consider safety of the children and the traffic effect. Motion by Councilman Turner "I move for a show of hands from the audience of those opposed and those in favor." Motion was seconded by Councilman Merkl and passed 5-0. Rebuttal was allowed for one speaker from each side and Minnie Van Hooser. Gerald Trevena Motion by Councilman Merkl "I move for denial of Case WZ-75-07 for the following reasons 1. There was a recommendation for denial by the Planning Commission. 2. It is too close to a school 3. Commercial-One is not the proper zoning for this property." Motion was seconded by Councilman Donaldson and passed 5-0. Item 5. was deferred until 5/17/75 which was application by Roger P. Loecher requesting approval of a vacation of a roadway dedication for property located at approximately 5800 W. 44 Avenue, Case WV-75-o1. Item 10. was scheduled regarding the sound and recording system for the Council Chambers. Motion by Councilman Merkl "1 move to remove from the item concerning the sound system for Council Chambers." seconded by Councilman Hulsey and passed 5-0. table the Motion was MINUTE5 - 5/10/76 - Continued -4- Motion lJy CLJulll.ill1ldn Mtlkl "I mLJvt Wt du!;lilJrilt I.llt ::il/::iLtlll purCIld5E (Sound ~y~tEm Bnd recording/Lrdn5cribing equipment) to us coordinated with the low bidder and the CodB-A-Phone and audio-video svstems." Motion was seconded by Councilman Donaldson and passed 5-0. Motion by Councilman Merkl "I move that the purchase and installation of a new public address system and recording and transcribing equipment be authorized for the City Council chambers, and that funds for these installations and equipment, not to exceed $2500, be transferred from the Unallocated Reserve of the General Fund to Account 410.42, and that expenditures for these purposes be taken from Account 410.42." Motion was seconded by Councilman Donaldson and passed 4-1. Councilman Turner voted "nay." Item 11. was Resolution No. 445 which was introduced by Councilman Merkl authorizing appropriation adjustment for various department accounts was read in full. Motion by Councilman Merkl "I move for the adoption of Resolution No. 445 and ~rder it published" Motion was seconded by Councilman Hulsey and passed 5-0. Councilman HulseJ voted "aye", Councilman Merkl voted "aye", Councilman Turner voted "aye", Councilman Cavarra voted "aye" and Councilman Donaldson voted "aye." *NoTE-Resolutions are not required to be published. Item 12. was additional information regarding the proposed Kipling Street extension by the City of Arvada for Urban System Funding. Ralph Johnson, City Engineer stated Arvada was requesting support by the City of Wheat Ridge in their application but there was no money involved from Wheat Ridge. He stated preliminary report had been completed Several alternatives had been distributed. Council expressed concern that if this application was endorsed there would be eventual pressure on the City to provide funding for the portion of Kipling in Wheat Ridge to finish the project. Motion by Councilman Turner "I move this matter be tabled until evidence is presented which guarantees there will be no expense incurred by the City of Whe~ Ridge." Motion was seconded by Councilman Merkl and passed 5-0. Item 13. was award of bid for 1975 Street Improvement Program. Councilman Turner stated she was opposed to the widening of 38 Avenue by approximately 9' and shortening the separation of the walkway from the street. She also objected not paving to the ex~ing paving where there is existing curb and pavement at the Applewood Shopping Center. Councilman Cavarra asked about the drainage of 38 Avenue and since the width of the street is being incrsased by 40% which is more costly than an overlay, she asked if it had been analyzed if there really was a benefit to having the street made 32'. Councilman Merkl felt it was necessary to have this width since W. 38 Avenue was a major thoroughfare. Councilman Hulsey suggested that 38 Ave. could be deleted from the project. Citizens speaking were Mathew Shado of 10980 W. 41 Place who stated children use the walkway to go to school and was opposed to widening the street and felt it was adequate the way it was. He stated he felt the street should be repaved Robert Shamata of 10550 West 38 Place stated the street needed to be paved but not widened. Mayor Stites stated Council had previously voted to bring 38 Ave. to an average width and the only question tonight was to accept the low bid on the street program. Motion by Councilman Merkl "I move that the lowest and best bid be awarded to Asphalt Paving at 14802 West 44 Avenue for Street Improvement Project P.W. 76-1 at a cost not to exceed $242,429.00 to be charged to Account 541.00." Motion was seconded by Councilman Donaldson and passed 3-2. Councilman Turner voted "nay", Councilman Cavarra voted "nay", Councilman Donaldson voted "aye", Councilman Hulsey voted "aye", and Councilman Merkl voted "aye." Councilman Robert Howard was absent. MINUTES - 5/10/76 - Continued -5- Item 14. wo5 renewal d~plicotion Lhrough DRCOG for Urban SY5tem5 funding for prsllninary snginBBrilll,j C1IIU Bnvironmental impact study regarding W. 44 Avenue from Wadsworth to Youngfield Street. Councilman Turner asked for clarification for exactly what is being a5ked for on W. 44 Ave. Mr. Jerman stated this is for improvement of W. 44 Avenue and Mavor Sites stated the City is not committing itself to any specific design. It was announced that the State Hearing Board had ruled there was no conflict of interest of the City hiring Mr. Robert Leigh as the Street Design Consultant. Motio~ by Councilman Merkl "I move to confirm the submission of the application." Motion was seconded by Councilman Donaldson and passed 4-1 Councilman Turner voted "nay." Item 15. was a report concerning site location for new restroom building in Prospect Park. Rich Bredt, Acting Park Director stated this was a change from the original plan that was approved by Council, and that the original location would involve extensive backfill. The plan is attached to the Minutes. Motion by Councilman Hulsey "I move we put the restroom at Prospect Park as indicated on the plan as presented to us." Motion was seconded by Co~ncilman Donaldson and passed 5-0. Mr. Jerman submitted the 1975 Annual Report and stated it would be delivered to every house at a cost of 6Y2~ each. This would be diivered in conjunction with the Park and Recreation Bulletin. Mr. Jerman requested approval of an item which is an emergency. He stated the poles at the intersections of W. 38 Avenue and Wadsworth and W. 32 & Teller need to be repaired and stated used materials could be used and that it would not go out for bid. Mr. Hobbs had pictures of the cracked pole at W. 38 Avenue and Wadsworth. Motion by Councilman Merkl "I move we allow Howard Electric to repair the poles at the intersections of W. 38 Ave. and Wadsworth and W. 32 Avenue and Teller." Motion was seconded by COJncilman Donaldson and passed 5-0. Mr. Jerman announced that there was a I~ational League of Cilies Regional Seminar to be held in Denver May 24-25. Meeting was adjourned at 10 55 p.m. An Executive Session was held after the . I ' ,.L~~~ Elise APPROVED ; ,