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HomeMy WebLinkAbout04/25/1977 MINUTES Apri 1 2" 1977 - ,I Y /f /I l The~undred sixty-second regular meeting of the Wheat Ridge City Council was called to order by Mayor Frank Stites at 7 30 p m at 4355 Field Street Councilmen present were Howard, Calvin Hulsey Mary Jo Cavarra, Joseph Donaldson, Robert Larry Merkl, and Louise Turner Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Treasurer James Malone, City Clerk Carol Hampf, Department Heads, Clyde Hobbs, Robert Vidal, Richard Bredt, Ed Pinson, staff, and interested citizens The minutes of April 11, 15, 18 were approved as published There was no one present to spea k under "Pu b lie Comment" Mr Fox explained that a Resolution before Council re Findings of Fact and Resolution be considered at this time because of Statutory Criteria on Annexations, Statutory Criteria on Zonings, and Publication requirements That City Council and Planning Commission are seeing that Statutory requirements are being followed to the letter and will also follow their own policies and procedures, but State Statutes will take precedence if there is a conflict Councilman Hulsey introduced the Resolution and asked to have it numbered and read The Resolution was numbered 505 and read in its entirety bY the City Clerk Mr Fox stated that there was a correction to be made on the copy as distributed 2c, the word "completely" be stricken and the words"on approximately three-fourths of the proposed boundarie~,with the remaining one-fourth boundary being abutted by the un-incorporated Jefferson County" be added at the end of the sentence Councilman Cavarra expressed concern about the small amount of space in Council Chambers for Hearings when a large audience is present and asked if there is not a more suitable location ~lotion by Councilman Hulsey "I'd like to have Resolution 505 be approved and have it published" Motion was seconded by Councilman Donaldson Motion to Amend by Councilman Turner "I \~ould suggest that we elimina~-the words 'Council Chambers located at 4355 Field Street' and substitute 'the Wheat Ridge Grange at 39th and High Court' Motion was seconded by Councilman Cavarra and failed 4-3, Councilmen Howard, Hulsey and Merkl, and Mayor Stites voting Nay Motion to Amend by Councilman Cavarra "I would move that we delete the words 'Council Chambers located at', then we could use the gym" t'lotion \1aS seconded by Councilman Turner and carried 5-1, Councilman Howard voting Nay ~10tion as Amended carried 6-0 Item 1 Financial Report for the month of March, 1977 The report was gone over by Mr Malone He stated that some revenues are not coming in at as high a rate as 1976 Councilman Hulsey commented that last year a staff member checked to see if businesses were paying their Sales Tax and wondered if this would be continued Mr Jerman said that this would be discussed at Study Session, May 2 Item 2 Application by City of Wheat Ridge Planning Commission for approval of zoning property east of Youngfield Street, south of Clear Creek, approximately 3900-4200 Youngfield to PCD and A-I This is an area newly annexed to the City and needs to be zoned to fulfill Statutory requirements Requested zoning, for Jefferson Transit property PCD, and for Coors property and the Jeffco Recreation District A-I Mr Fox said that this is initial zoning of annexed property Staff and Planning Commission set a Planned District on this property, but the applicant does not have a planned use for a PCD at this time ~1r Leo N Bradl eyattorney was present representinfJ the two land owners involved He said that there has been an outline development plan filed, but there was a deficiency, primarily in landscaping Coors plans a storage reservoir and Jefferson Transit Mix would fall under the Grandfather clause and would have 15 years to get the gravel out Council- man Hulsey asked if this property is Zoned A-I, does that prohibit the company to mine Mr Fox said that A-I zoning would allow the use of the property to continue, because of the Grandfather Clause, that A-I Zoning would be an interim zoning and the one year requirement would not be necessary 4/25/77 I~iru es -2- Mr i ~;' said that this WOll d not constitute spot zoning because any zoninq would be in conf] cl with the zoning of some nearby property, but needs to be somewhat cUilJpatible Hotion by Councilman Cavarra "I move that Zoning Annexation #4 locafe-a-between 3900 and 4200 blocks of YounQfield Street be Luned A-I, with the understanding that the Applicant is free to subl"it a f'lanned Commercial Development plan at his convenience" Hotion was seconded b" ~ourcilman Howard and carried 6-0 Item 3 Application by City of Wheat Ridge Plannin0 rnmmission to amend Ordinance No 98, Sections 18, 19, and 21 to allow certain uses by riqht Mr Shelley presented the item and said that it was a 3 part request, including, allowing Pawn Shops Special Uses, and Use Requlations Pawnshops were to be included, since we have an Ordinance regulating Pawnshop licensing Research Labs could include electronic and chemical research, but not toxir or radiation research If research labs are allowed in C-1 or Industrial they could possibl Y a1:b~~~ residential Mr Fox said that if Pawnshops are excluded it/~e said that we have excluded a le0itimate business, but Council has the right to Zone and say that certain things be done in certain places ~1otion by Councilman Cavarra "I move that an Ordinance be drafted diTo'/rin Pawnshops to be located in Planned Commercial District" Motion Ivas seconded by Council~lan ~1erkl and carried 4-2, Councilmen Howard and Turner voting Nay Motion by Councilman Merkl "I move that we direct the City Attorney-To bring in an Ordinance to amend Sections 17, 18, 19 and 21 of Ordinance 98 to allow certain uses" ~~otion was seconded by Councilman Donaldson The niotion died due to a tie vote, Councilmen Cavarra, Howard, and Turner voting Nay Item 4 Application by City of Wheat Ridge Planning Commission to Amend Ordinance No 214, Si~n Code, to allow directional signs and to clarify certain definitions and allowable signage Mr Shelley presented the item Directional signs are those that show, entrance exit, differentiation between businesses, logos Dir~ctional signs i nc 1 ud i ng those wi th logos, do not cons t i jute a port i on of the business's allowable sign space The maximum area of 9 square feet was questioned as being too large Unless there is some provision for directional signs, there would be interfel€nce with posting signs for the new City Hall Councilman Cavarra said that she felt this request needs to be reworked, because as it stands ,could cause traffic hazards Mr Shelley said that "in" and "out" signs of 1 1/2 square feet would be 0 k Motion by Councilman Merkl I move that this section of the OrdinanceRevisions be sent back to Planning staff and Planning Commission for further work to make it possible for the Planning Department to interpret what we pass" Motion was seconded ~y Councilman Howard and carried 5-1, Councilman Hulsey voting Nay Item 5 Request to allow change of ownership on the Class T License at Pavilion East to Murph's located at 4715 Kipling Street Applicant was represented by Mr Cellars, attorney Also present were Dave Murphy 6443 Oberon Road, John MuscUtt 4210 E 100th and Kenneth Flint 7291 Poppy Way Murphy's will be a Restaurant and Lounge featuring steaks and sea food They would plan to continue with a Tavern license in order to be able to serve dinner only until 11 p m and keep the Lounge open until 2 00 a m MoJ:io~ by Councilman Merkl "I move that Council approve the change of ownership of the Class T tavern License at 4715 Kipling St from Pavilion East to Damken Corp DBA Murph's Ltd and the new corporate officers as follows David Murphy, Pres, John Muscutt, V P and Kenneth Flint, Secy/Trea II Motion was seconded by Councilman Hulsey and carried 6-0 Item 6 Resolution authorizing condemnation proceedings for the acquisition of the Peterson/Retallack property at 74QO W 29th Ave Mr Fox said that Within the last 3 week period, he, Mr, Jerman, the Retallack family and their attorney ha d met to ascertain if purchase of the property without eminent domain would be possible The prices 1Nere widely apart, so condemnation became necessary Motio_1'l. by Councilman Merkl "I move for the Adoption of Resolution 506" Motion was seconded by Councilman Donaldson and carried 4-2, Councilmen Howard and Turner voting Nay 4125/77 MINUTES - 3 - Item 7 Resolution providinr additional funds for the 1977 Street Improvement Program Motion by Councilman Merkl "I move for the Adoption of Resolution~" Motion was seconded by Councilman Donaldson and carried 5-1, Councilman Howard voting Nay Mr Jerman said that this amount does not include any contingency amount Item 8 Appropria tion Resol ution providing additional funds for the purchase of the Emergency Medical Vehicle for use by the Wheat Ridge Fire District Motion by Councilman Hulsey "I move that Resolution 508 be passed" Motion was seconded by Councilman Donaldson and carried 5-1, Councilman Howard voting Nay Item 9, Resolution Honoring Dr Charles Romine on the occasion of his retirement from the Jefferson County R-l School District Motion by Councilman Cavarra "I move that this Resolution (509) be approved" Motion was seconded by Councilman Donaldson and carried 6-0 Item 10 Award bid for purchase of five compact vehicles to be used by Detectives, Police Department Mr Rhodes presented the item and said that good used cars can be bought, but this needs to be checked daily since they come and go so fast Of the bid items, he felt that the Novas would be the best, since it had been reported to him that sometimes parts for American Motors cars are hard to get Chief Pinson said that he would like the option to purchase low mileage cars Motion by Councilman Howard "I move that the Lowest and Best Bid be awarded to Bob Bundy AMC Jee~' West, an Americal f-'lodel Hornet at a stated bid price of $3528 for a quantity of 4" Motion was seconded by Councilman Turner and failed 2-4, Councilmen Cavarra, Donaldson, Hulsey and Merkl voting Nay Motion by Councilman Merkl "I move that the Lowest and Best bid be awarded to Hertz Rent A Car at 7600 E 32nd Ave , Denver at a total cost of $14,975 to be charged to Account 19-503-808and that the City Administrator and the Chief of Police be allowed to buy these cars as low mileage vehicles become available" Motion was seconded by Councilman Turner and carried 6-0 Item 11 Award bid for purchase of trees for the 45th & Vance St Park, Prospect Park, and replacement trees at other park sites Installation of the trees would be by City Personnel Motion by Councilman Cavarra "I move that the Lowest and Best Bid be awarded to Green Spot, Inc , at 4849 South Sante Fe Drive, Littleton, Colorado for Various Varieties of trees at a total cost of $4232 50 to be charged to Account 31-504-862-5 in the amount of $2406 50 and Account 1-603-660 in the amount of $1826 00 " Motion was seconded by Councilman Hulsey and carried 6-0 Motion by Councilman Donaldson "I move that the Lowest and Best Bid be awarded to W W Wilmore Nurseries, at 7615 West 38th Avenue, Wheat Ridge, Colorado 80033 for Various Varieties of Trees for a total cost of $2922 15 to be charged to Account # 31-504-862-5 in the amount of $1548 30 and Account # 1-603-660 in the amount of $1373 85" Motion was seconded by Councilman Hulsey and carried 6-0 Item 12 Report of Purchasing Agent concerning Bids received for contractual pavement marking of City streets and Bids received for purchase of a paint striping machine Mr Rhodes presented the item and stated that he had two bids, one for purchase of a paint striping machine and one for painting by contract Requirements of the City if streets are striped on contract, to sweep the street before painting, to survey if lines are obliterated, to survey if there has been an overlay One company requested a 30 day extension because they are now behind due to the rains On the bid for purchase of a Paint Striper, the lowest bid was a 1 ton truck, but due to construction was better balanced than present equipment Mr Rhodes had contacted Denver and was informed that they had built their paint stripers, they were old and could not give a cost Councilman Merkl said that he had seen paint stripers that appeared to be new and did not appear to be homemade Motion by Councilman Howard "I move that the Lowest and Best Bid be awarded to Colorado Lines Inc 2302 S Jason Street, Denver, Colorado 80223 for contract street striping for 1977 at a total cost of $27,818 to be charged to ACCOlIltOOI-304-774 " r~otion was seconded by Councilman Turner A Resolution would have to be drafted as there is no Traffic Maintenance Account Number for con- tractual services The Account Number would be 001-304-774 Motion by Councilman Merkl "I move that we table this item for one week for 4/25/77 MINUTES - 4 - discussion until Study Session Motion was seconded by Councilman Cavarra and carried 5-1, Councilman Turner voting Nay Item 13 Award of Bid for reconstruction of crosspans and drainage improvements at 35th & Ames, 35th & Benton, 41st & Harlan, and 41st & Kendall Mr Filippi of Meurer, Serafini & Meurer presented the item Councilman Howard asked who would do the Inspection to see that the job is done right Mr Filippi said that this was not a part of Meurer Serafini and Meurer contract Motion by Council- man Merkl 'I I move that the Construction Inspections be done In-House" Motion was seconded by Councilman Donaldson and carried 6-0 Mr Jerman asked if there were a 10% contingency built in to the bid Mr Filippi said no, that the final payment would be on measured quantities, and the amounts were estimates taken off the plans Mr Fox said the bid was on a unit price basis and is not capable of being measured on a flat Dollar sum, especially when it is a situation where a product has to be taken out and put back in Councilman Turner asked that Council be notified immediately if there is going to be an overrun Mr Dakol ias agreed Motion by Councilman Hul sey "I move that the Lowest and Best Bid be awarded to Dakolios Construction Company, at 13985 West 51st Place, Golden, Colorado, for Intersection- Crosspan Construction at a total cost of $34,580 to be charged to Account 31-504-833" Motion was seconded by Councilman Donaldson and carried 6-0 Motion by Councilman Hulsey "I move that the Mayor be authori zed to -i ss~the Not ice of Order to Proceed" f10t i on was seconded by Councilman Donaldson and carried 6-0 Mr Hobbs said that the engineerin~ contract included staking of the project once - the first set of stakes at all 4 intersections Mr F;lippi agreed and asked for 5 days notice to provide construction staking Mr Jerman said that the contractor will notify us in writing when a cost overrun becomes apparent Mr Dakolios a~reed Item 14 Resolution re Foothills Water Treatment Plant, including a communication from the Colorado Rivers Council ~1otion by Council- man Merkl "I move that \~email this Resolution back to the Mayor of Greenwood Village with the statement that we do nd feel this is within the scope of the area of interest of the City of Wheat Ridge at this time due to lack of information" Motion was seconded by Councilman Howard and carried 6-0 Mr Hulsey stated that he felt that at sometime we will have to face the facts that storage of water will be needed to care for the growth of Metropolitan Denver Item 15 Proclamation re National Public Works Week, May 22 - 28, 1977, was read by Mayor Stites Item 16 Motion by Councilman Cavarra "I move that City Clerk attend the International Institute of Municipal Clerks Annual Conference, May 22 - 25, 1977, in Kansas City, Missouri, costs not to exceed $700, Account # 001-108-702 " Motion was seconded by Councilman Hulsey and carried 6-0 City Clerk to bring back a report Item 17 Motion by Councilman Merkl "I move that Chief of Pol ice be authorized to attend the 84th Annual Conference of Chiefs of Police, October 1-6, 1977, in Los Angeles, California, at a cost not to exceed $600, charged to Account # 001-210-702," ~~otion was seconded by Councilman Donaldson and carried 6-0 Chief to bring back a report Mr Jerman requested that Council allow an Award of Rid and Notice to Proceed be put on the May 16 Agenda (normally Public Hearing only) Agreed Mr Jerman announced the selection by Mr Vidal of Personnel Technician, Lauren Bronesky She will start work on May 2 A Press Release has be issued Councilman Howard presented a bill ($50) for annual membership "Industries of Jefferson County, Inc There do not seem to be benefits to Wheat Ridge from this group Motion by Councilman "I move we don't pay Industries of Jefferson-CoLinty any more" was seconded by Councilman Cavarra and carried 4-2, Councilmen and Hulsey voting Nay in the any Merkl Motion Howard 4125/77 ~lINUTES -5- Councilman Turner requested staff to try to find a way to provide entrance to the new City Hall that would not necessitate the removal of 3 large Maple trees Councilman Cavarra moved for Adjournment, all Aye I..~:':'{.:. V City Clerk ..,., I:" ( , 1/ - / /' APPROVED j-.f 5&;. )