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HomeMy WebLinkAbout12/27/1976 - - MINUTES December 27, 1975 i).,l,.L lC./:i ,)1 U7) The _~undled and forty-eighth City Council was called to order at 4355 Field Street. regular meeting of the Wheat Ridge by Mayor Frank Stites at7 30 p.m. Councilmen attending were Mary Jo Cavarra, Joseph Donaldson, Calvin Hulsey, Larry Merkl and Louise Turner. Councilman Robert Howard was absent. Also present were Mayor Stites, City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Elise Brougham, City Treasurer James Malone, staff and interested citizens. There being no corrections or deletions to the Minutes of 12/20/76, the Mayor declared they stood approved as written. Item 1. was a financial report for the month of November 1976 by City Treasurer James Malone. He stated 101.33% of the estimated revenue has been received and 79.41% expended. He 8stimated that $350,000 excess revenue would be received at the year end. He gave the report for the Revenue Sharing Fund, Parkland Acquisition Fund and Conservation Trust Fund. The Capital Improvement Fund has a year end estimated revenue shortage of $217,896 but with only 68.11% expended to date he projected a carryover of approximately $127,000. He projected at the year end a carryover balance for all funds including the unexpended balance of $729,676.00. Public Comment was made by James Erfurdt of 7801 W. 35 Ave. who represented Wheat Ridge Plaza Development and requested that the phases of development in their development plan be changed so that the apartment buildings could be built first and the commercial complex could be the second phase. The total time limit of 5 years remained the same. The original construction was to start in 1976 and the new request is to start in 1977. The request is attached to the Minutes. Motion by Councilman Hulsey "I 1. The applicant's (Wheat schedule as presented be changed as attached. 2. That the request is reasonable. 3. That the request falls within the province of the plan and the regulations of the City of Wheat Ridge and that the City accept the proposed development schedule for Wheat Ridge Plaza located at 7700 W. 38 Ave." Motion was seconded by Councilman Donaldson and passed 5-0. move that Council finq that Ridge Plaza) requeste~development to the proposed development schedule Item 6. was a request for approval of change of corporate officers and stock ownership for Class T Tavern Liquor License for Big Daddy's. Sandra Watson, Pres. of DB&M Inc. was present. Motion by Councilman Cavarra "I move that the change of corporate officers and stock ownership be approved for DB&M Inc. dba Big Daddy's at 10051 W. 1-70 Service Road as follows Sandra L. Watson President and 100% stock ownership; Beverly Ann Pierce Vice President, and JoAnn McCoy as Treasurer & Secretary." Motion was seconded by Councilman Turner and passed 5-0. Item 2. was Case WE-76-02 an application by Brannan Sand and Gravel Co. for approval of a permit to extract non-metallic mineral resources at W. 51 Ave. and Independence. Dave Shelley of the Planning Dept. stated t.he property is within a proposed subdivision and that the haul route had been approved by the Public Works Dept. The applicant was represented by Warren Cruise, Langdon Morris, Land planner and Ronald Blashly, engineer. Mr. Cruise stated that the subdivision had been unable to be developed and that they now propose to mine the area and rest.ore the land so that the subdivision can be developed ai, a later time. He stated there would be a crusher on the site approximately 1000' from the nearest residences and that he had visited most of these MINUTES - 12/27/76 - Continued -2- homes and the people had no objection. He stated the mining operation wa~~e in 3 stages with each stage taking about 1~ years. He stated the Slough Ditch which goes through the property would be moved to go around the property and the banks would be in concrete. He stated most of the trees would be removed. He stated they will pump the ground water into the present lake to the south and they feel the wells in the area will not be affected by the operation, but if they are they will correct the problem. No one appeared in opposition. Motion by Councilman Cavarra "I move that Case WE-76-02 extraction permit by Brannan Sand & Gravel Co. at W. 51 Ave. and Independence be approved because it is in conformance with the Mineral Extraction Plan of the City of Wheat Ridge and HB 1529 and it presents an orderly long range development of presently unutilized land within its boundaries while at the same time conserving valuable mineral resources." Motion was seconded by Councilman Donaldson and passed 5-0. Motion by Councilman Hulsey "I move that Case WE-76-02 an application by Brannan Sand & Gravel Co. at W. 51 Ave. and Independence provide that the land will be reclaimed and refilled at the time the operation is completed." Motion was seconded by Councilman Donaldson and passed 5-0. Item 3. was Case MS-76-07 a minor subdivision request by Mountair Inc. between Kipling and Independence St. on the south of 1-70 Service Road. The present zoning on the property is Commercial-One and Industrial. Barbara Davis of 80BO Melrose Drive was present and represented the owner Davis Bros. Florists. John Clause of 9438 W. 56 Place was present who was the owner of Mountair Builders. Dave Shelley of the Plenning Dept. stated the Clear Creek Water & Sanitation District stated they could provide sewer service but could not accomodate industrial waste. No one appeared in opposition. Motion by Councilman Turner "I move the Minor Subdivision Case MS-76-07 be approved with the following condition That the building permit be granted only after there is written guarantee furnished from the Denver Metro Sewer District that sewage from this are can be handled. MOTION DIED FOR LACK OF A SECOND. Motion by Councilman Merkl "I move for approval of Minor Subdivision Case MS-76-07 located between Kipling St. and Independence St. on South 1-70 Service Road." Motion was seconded by Councilman Hulsey and passed 4-1 Councilman Turner voted "nay." Item 4. Case MS-76-03 was an application for a minor subdivision by Raymond J. Johnson at 9201-05 W. 44 Avenue. The property is zoned Commercial-One. Mr. Frederick Hare of 1021 Glen Drive stated he is part owner of the property and that he had power of attorney from Mr. Johnson. Speaking in Opposition were Mr. Ron E. Kay of 9225 W. 44 Ave. who stated he owned the Drum City business to the West and there is a used car lot on part of the property in question now and there is no acceSS and people drive on his property and ask him questions about the cars because there is no one there. Bill Beezer owner of B&B Electric at 9295 W. 44 Avenue complained about the used car lot and stated it was dangerous with no access. It was brought that the property was sold to different people before it was subdivided which is illegal. It was stated that there is an A-frame building on one of the proposed lots which was an accessory use to the main building but there is no Certificate of Occupancy issued for it. Mr. Hare stated the records and equipment for his business Action Realty were in the A-frame building but he was not operating out of the building until the subdivision was completed. He stated that Action Realty's business address was 6505 W. 44 Ave. Mayor Stites directed Mr Zw~rman to check out the use of the building and report back. MINUTES - 12/27/76 - Continued -3- Motion by Councilman Merkl "I move the decision on be tabled for one week to receive the report back." by Councilman Hulsey a~d passed 5-0. Item 5. was setting of Public Hearing dates for applications of beer and liquor licenses. chis Case MS-75-03 Motion was seconded Motion by Councilman Donaldson "I move that a Public Hearing be scheduled for the application of a Class D Liquor License for Frank R. LaBate Jr. and Larry H. Follett dba Time Square Liquors at 4184 Wadsworth Blvd. for January 31, 1977 and that a neighborhood boundary be set at a one mile radius from the store site." Motion was seconded by Councilman Merkl and passed 5-0. Motion by Councilman Donaldson "I move that a Public Hearing be scheduled for the application of a Class J1 fermented malt beverage license for Albertson's Inc. dba Albertson's Food Center #847 at 4262 Wadsworth Blvd. for Jan. 31, 1977 and that a neighborhood boundary be set at a one mile radius from the store site." Motion was seconded by Councilman Hulsey and passed 5-0. Item 23. was a petition for annexation by West Aspen Corp. at W. 32 Ave. and Kipling St. referred by the City Clerk to the Council as a communication. Citv Attornev Fox stated it had been sent back to the applicant as the case was misnumbered and the Statute reference needed to be corrected. He stated the petition for annexation and rezoning are in conjunction and when the petition comes back the Council shall make a finding that it is in order and authorize public hearing and publishing and posting. Item 7. was Ordinance No. 226 introduced by Councilman Merkl amending Ordinance No. 207 by adding Assistant Park Ranger classification. The title was read. Motion by Councilman Merkl "I move for the adoption of Ordinance No. 226 on first reading and order it published." Motion was seconded by Councilman Hulsey and passed 5-0. Councilman Cavarra voted "aye", Councilman Donaldson voted "aye", Council.man Hulsey voted "aye", Councilman Merkl voted "aye" and Councilman Turner voted "aye." Councilman Howard was absent Item 8. was Resolution No. 485 introduced by Councilman Turner commending Ralph Johnson for his years of service as city engineer. The Resolution was read. Motion by Councilman Donaldson "I move for the adoption of Resolution No. 485." Motion was seconded by Councilman Turner and passed 5-0. Item 9. was a recommendation for extension of police uniform cleaning and pressing contract for one year with Gigantic Cleaners with the fee as follows Trousers 50~ each, shirts 50~ each, Jackets $1.00 each and caps and ties 25~ each. Motion by Councilman Donaldson "I move that the extention of the bid be awarded to Gigantic Cleaners of Wheat Ridge Inc. at 5800 W. 44 Ave., Denver, CO for dry cleaning and pressing of police uniforms at the unit prices indicated to be charged to Account 1-202-641, 1-203-641, 1-204-641 and 1-206-641." Motion was seconded by Councilman Turner and passed 4-1. Councilman Merkl voted "nay" and stated he felt bids should be sought. Item 10 was a bid award for a snow plow. Motion by Councilman Cavarra "I move that the lowest and best bid be awarded to Booth-Rouse Equipment Co. at 5700 Eudora St., Commerce City, CO 80022 for one Burch snow plow Model PFR 10-2 at a cost not to exceed $1894.00 to be charged to Account 450.42." Motion waa seconded by Councilman Donaldson and passed 5-0. MINUTES - 12/27/76 - Continued -4- Item 11. was award of bid for 3 four door patrol units and one station wagon for the Police Dept. The cars are $5192.24 each and the station wagon is $5141.07. Motion by Councilman Merkl "I move that the lowest and best bid be awarded to Jerry Roth Chevrolet at 5303 West Colfax, Lakewood, CO for three Nova police specials and one Chevelle station wagon at a cost not to exceed $20,717.79 to be charged to Account 19-503-B08." Motion was seconded by Councilman Donaldson and passed 5-0. Item 12. was a bid award for a sanitary sewer line installation at the Public Works Yard. Motion by Councilman Donaldson "I move that the lowest and best bid be awarded to Bechtold Construction Co. at 7790 W. 41 Ave, Wheat Ridge, CO B0033 for installation of sanitary sewer service line at a cost not to exceed $3550.00 to be charg~d to Account 450.42." Motion was seconded by Councilman Turner and passed 5-0. Item 13. was a bid award for a hydraulic hoist for the Public Works Shops. Motion by Councilman Donaldson "I move that the lowest and best bi be awarded to Littlejohn Equipment Co. at 1923 Market St., Denver CO B0202 for one Wayne/Globe hoist including installation at a cost not to exceed $1598.00 to be charged to Account 440.42." Motion was seconded by Councilman Hulsey and passed 5-0. Item 14. was a bid award for a sand and salt spreader for Public Works Dept. Motion by Councilman Cavarra "I move that the lowest and best bid be awarded to Western States Machinery at 2400 West 7 Ave., Denver CO B0204 for one Epoke material spreader Model TK-12 at a cost not to exceed $4400.00 to be charged to Account 440.42." Motion was sec- onded by Councilman Hulsey and passed 5-0. Item 15. was a bid for a canopy for gas pumps at the Public Works Yard. Several members of Council questioned the need for the canopy. Motion by Councilman Cavarra "I move we do not purchase the gas pump canopy." Motion was seconded by Councilman Merkl and passed 5-0. Item 16. was approval of agreement with Valley Water District for street reconstruction for Project Conduit 119. Mr. Jerman stated the extra cost of test holes to the City would be about $1500. The agreement provides for reconstruction of certain streets after the construction has been completed for Conduit 119. City Attorney Fox stated he wanted Council to be aware that approval of the agreement calls for additional money to be provided by the City over and above the soil tests and that this money could be appropriated later. Motion by Councilman Merkl "I move that Council approve the concept of the agreement with the terms set forth in the letter from Robinson- Robinson, attorneys at law dated December 15, 1976 with the Valley Water District and that Council approve the concept of soil testing before and after the project." Motion was seconded by Councilman Cavarra and passed 5-0. Mr. Jerman is to bring in the account numbers and charges next week for this project. Item 17. was approval of payment of auto insurance. Motion by Councilman Cavarra "I move to approve payments to Galbraith and Green in the amount of $10,627 for automobile liability and physical damage policy and $3,367 for auto excess limits policy to be charged to Account No. 417.36." Motion was seconded by Councilman Donaldson and passed 5-0. Item 18. was approval of installation of a 4' concrete pan on the south side of W. 3B Ave. from Pierce to Newland. This cost is to be absorbed in the 10% contingency previously authorized for the 1976 Street Program. MINUTES - 12/27/7b - Continued -5- Motion bV Councilman Merkl. of a 4' concrete pan on the a distance of approximately $10,845, Acount No. 641." and passed 5-0. "I move for approval of the inatallation south side of W. 3B Ave. from Pierce to Newland, 900' by Asphalt Paving Co. at a cost of Motion was seconded by Councilman Donaldson Councilman Merkl also requested that the parking lot in the shoppette in that vicinity be repaired properly. Mayor Stites thanked Council for their cooperation during the year and stated he had enjoyed working with them. Item 19. was a report of the EDA Grant award for the City Hall complex for the City of Wheat Ridge. Mr. Jerman stated the City will receive official notification from Washington D.C. and construction must begin with 90 days. He stated regarding this matter, he would like an executive session after the meeting. Councilman Cavarra complimented the staff on preparing and receiving the grant. Mr. Jerman stated he had submitted the grant application for the swimming pool also. Motion by Councilman Merkl "I would like to appoint Mr. Gregory Guilford of 7300 West 30 Avenue to the Animal Control Com~ission." Motion was seconded by Councilman Donaldson and passed 5-0. (This replaces Mrs. H.B. Manning on the Commission.) Councilman Merkl requested that a Resolution be drawn up commending the employees for an outstanding year. Item 20. was a letter from the Planning Commission requesting a replacement for Garth Gibbons due to lack of attendance. Mayor Stites declared a vacancy on the Commission and stated he would make an appointment the next week. Item 21. was announcement of resignation of William Baldry from the Personnel Commission. The vacancy is to be advertized in the paper and an appointment scheduled for 1/24/77. Item 22. was a letter inviting the Council to attend a Board of Directors Meeting for the Wheat Ridge Fire Dept. regarding the installation and study of additional fire hydrants in the City. The meeting is 1/12/77 at Station 1 at 3880 Upham at 7 30 p.m. Meeting was adjourned at 10 20 p.m. An Executive Session was held afterwards. -( t.../ I -) '\. I _ ,.l(,... t. ." "'--. ~. _ " Elise Brough2!m, . ~"t' ~,'l. ~;. -1....._... ./ CYty Clerk APPROVED Yld' . . ,~~ ,; / / -/ , ~ ~ 10' \ t\\l~' ~Q,\" V' J 0'v't- '\ PRESENT F 6 Minutes 12/27/76 Attachment DEVELOPMENT SCHEDULE Case WZ-74-17 THE PROJECT SHALL BE DEVELOPED IN PHASES THE FIRST PHASE SHALL BE THE PLANNED COMMERCIAL DEVELOPMENT THE SECOND PHASE SHALL BE THE PLANNED RESIDENTIAL DEVELOPMENT THE START OF CONSTRUCTION FOR PHASE ONE SHALL BE WITHIN THE FIRST SIX MONTHS OF 1976 AND THE COMPLETION OF THIS PHASE SHALL BE WITHIN ONE YEAR FROM THE STARTING DATE THE SECOND PHASE OF CONSTRUCTION SHALL BE ACCOMPLISHED IN TWO STAGES THE NORTH APARTHENT BUILDING SHALL BE STARTED FIRST WITH THE SOUTH BUILDING TO FOLLOW THE COMPLETION OF THIS PHASE SHALL BE WITHIN A FIVE YEAR PERIOD FROM THE DATE OF CITY COUNCIL'S APPROVAL OF THE OFFICIAL DEVELOPMENT PLAN AMENITIES AND RECREATIONAL FACILITIES SHALL BE SCHEDULED SO THAT THEIR COMPLETION WILL COINCIDE WITH THE COMPLETION OF ADJACENT CONSTRUCTION PROPOSED DEVELOPMENT SCHEDULE THE PROJECT SHALL BE DEVELOPED IN PHASES TilE FIRST PIlASE SHALL BE THE PLANNED RESIDENTIAL DEVELOPMEN'[' THE SECOND PHASE SHALL BE THE PLANNED COMMERCIAL DEVELOPMENT THE FIRST PHASE OF CONSTRUCTION SHALL BE ACCOMPLISHED IN TWO STAGES. THE NORTH APARTMENT BUILDING SHALL B~ STARTED IN 1977 AND FINISHED WITHIN ONE YEAR WITH THE SOUTH BUILDING TO FOLLOW THE SECOND PHASE SHALL BE COMPLETED WITHIN A FIVE YEAR PERIOD FROM THE DATE OF CITY COUNCIL'S APPROVAL OF THE OFFICIAL DEVELOPMENT PLAN AMENITIES AND RECREATIONAL FACILITIES SHALL BE SCHEDULED SO THAT THEIR COMPLETION WILL COINCIDE WITH THE COM.PLETION OF ADJACENT CONSTRUCTION