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HomeMy WebLinkAbout09/19/1977 CITY COUNCIL MINUTES - September 19, 1977 The three-hundred seventy ninth regular meeting of the Wheat Ridge City Council was called to order by Mayor Frank Stites at 7 00 P m at 4355 Field Street Councilmen present were Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Councilman Merkl, Councilman Turner Councilman Hulsey present as of 8 35 p m Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Carol Hampf, Department Heads, Richard Bredt, Clyde Hobbs, Ed Pinson, Robert Vidal, Dennis Zwagerman, staff and interested citizens Minutes of the meeting of September 12 were approved as published PUBLIC COMMENT James Britton of 3612 Garland Street spoke re the retaining wall and side- walk on the cul-de-sac at the rear of his property He said that the re- taining wall is still there on city property and the sidewalk is only three feet wide when it should be four feet There was discussion as to when the street standards were passed and when the wall was erected Mr Britton feels that the wall is not according to code, and that if he has to follow the code, everyone else should also Mr Hobbs was asked to pull the file and meet with Mr Britton Councilman Turner asked to be notified when the meeting would take place Mayor Stites asked Mr Hobbs to write a memo to City Council as to the zoning at the time of construction as to width of curb Janice Thompson of 12290 W 42nd Avenue thanked Councilman Turner and Mr Hobbs for the bike path She wanted to know why there was only one stripe in the area by Abner's Market and the Phillips 66 Station Mr Hobbs said that there would be two lines as soon as he could see about getting the guard rail relocated She asked the Chief of Police about the legality of cars passing on the right, into the bike path She feels this is a dangerous situation Mayor Stites asked the Chief to have his Patrol cars specifically watch this area Linda Clark of 11305 W 44th, said that the police try to watch but it is still dangerous Councilman Turner asked if an asphalt hump could be put in to make drivers aware that they are in the bike path Mr Hobbs said that he would see what could be done 1 City Hall Matters (d) Change Order No 1 Delete from contract the water tap fee, $11,900 We thought this item was in the contract, and since it is not, should be deleted from the contract and paid from another account Additional cost of $360 for electrical and telephone outlets, to improve efficiency Delete from contract fire hydrants, auxiliary valves, piping from the mains and tees and connections to the mains - no chanGe in cost Total change, minus $11,540 Motion by Councilman Cavarra "I move that Change Order No 1 be approved per Attachment A, which will result in a total credit to the city of $11,540" Motion was seconded by Councilman Donaldson and carried 4-1, Councilman Howard voting Nay (a) Authorize Agreement with Consolidated Mutual Water District for installation of four inch fire line to building to provide water for spinkling system - is in- cluded in contractor costs Motion by Councilman Merkl "I move that the Mayor be authorized to sign a contract for a four inch fire line to the new City Hall site" Motion was seconded by Councilman Donaldson and carried 4-1, Councilman Howard voting Nay (b) Cost to install 2 fire hydrants Motion by Councilman Merkl "I move that the city authorize the installation of two fire hydrants at a cost not to exceed $2,956 to be charged to Account No 001-607-793" Motion was seconded by Councilman Donaldson and carried 4-1, Councilman Howard voting Nay (c) Finalize colors for building ex- terior (primarily metal trim) Motion by Councilman Merkl "I move we authorize the colors presented to us this evening" Motion was seconded by Councilman Cavarra and carried 4-1, Councilman Howard voting Nay Arba Stinnet said the color was Earth No 1180 The Cornerstone Laying Ceremony is scheduled for October 15, and items for the cornerstone are due to Dee Burton on September 20 Council Meeting ~inutes - 9/19/77 - 2 - 2 Approval of disbursement for Wheat Ridge Charter Commission expenses pursuant to request of Commission Officers Mary Calhoun, Charter Commission Chairman presented an itemized accounting of the time spent by Howe and Windholz for the period of February 8 through August 5 Mr Fox said that he believes the expenses incurred after the submission of the Charter to City Council were not reasonably incurred expenses Mrs Calhoun said that the Charter Commission had voted for the Officers to confer and consult with the consultant Motion by Councilman Cavarra "I move that the Attorney's fees in the amount of $576 be approved" Motion was seconded by Councilman Turner and carried 4-1, Councilman Howard voting Nay 3 Ratify settlement of approximately $327 00 to Audio Visual Systems, Inc, Mr Fox said that the case had been settled for $275 Motion by Councilman Cavarra "I move that Council ratify the settlement of $275 to Audio Visual Systems, Inc , to be paid from Account No 001-102-776" Motion was seconded by Councilman Donaldson and carried 3-2, Councilmen Howard and Merkl voting Nay 4 Authorize additional payments to Dakolios Construction Co for additional work on drainage project at various intersections Mr Hobbs said that last week items (1) 35th & Ames for $280 00, (2) 35th & Benton for $252 00, (4) Move fireplug $250 00 and (6) 35th & Ames, 35th & Benton and 41st and Harlan for $2,035 00 had been recommended to be paid At this time he also recommended the payment of (5) Changes in asphalt specifications of $872 74 and delete this from the present street program so there would be no dupli- cation, bringing the total to $3,689 74 Motion by Councilman Merkl I move we authorize payment of $3,689 74 to Dakolios Construction for additional work on drainage projects at various intersections to be charged to Account No 31-504-833" Motion was seconded by Councilman Donaldson and carried 5-0 5 Petition of Condemnation for the acquisition of the Peterson/Retallack property Mr Fox said that it would be necessary for the City and County to file a Petition of Condemnation because of the break down in negotiations and that Resolution No 506 had previously been approved authorizing con- demnation Motion by Councilman Merkl "I move we authorize the filing of a Petition of Condemnation" Motion was seconded by Councilman Cavarra, and carried 3-2, Councilmen Howard and Turner voting Nay 6 Application by Grains-N-Grapes Liquors, located at 3809 Sheridan Blvd, for a new Class D Retail Liquor Store license Mr Samuel Worthington, of 5400 Sheridan #172, owner was present to speak Each Councilman looked through the city's file on the case Mayor Stites asked Mr Worthington about his plans for the business Mr Worthington said that he planned to remodel the southern half of the double, which is zoned C-1 for this use, and if the business prospered, build a new building at some time in the future He had petitions showing 105 names in favor of the license from people who he felt would be his customers For ingress and egress, he planned to tear down the garages and also ask for more curb cuts He said that there was almost an acre of ground for parking but was not sure of the zoning on the grounds The land goes back to the Lumberyard One duplex is zoned R-2 City Clerk then read the results of the City's survey Mr Worthington was asked if he felt the needs of the neighborhood were being met, and he said that he could do a better job Motion by Councilman Cavarra "I move that the Class D Retail Liquor Store license for Samuel Worthington dba Grains-N-Grapes Liquors at 3809 Sheridan be denied for these reasons, the City's survey shows the needs of the neighborhood are being met, only slightly more than one out of three residents of the area were in favor of the proposed license" Motion was seconded by Councilman Howard, and carried 3-2, Councilman Donaldson and Merkl voting Nay 7 Application by AMCOR, Inc , 5020 Marshall Street, for approval of a Special Use Permit to allow manufacturing, fabrication and/or processing of concrete products in the Industrial District Mr Zwagerman said that this is in regards to a recent ordinance, Ordinance No 233 If the Special Use Permit is granted, the company would come in with Final Development Plans Mr Elbert, manager of AMCOR spoke He said that there are no present plans City Council Minl 5 - September 19, 1977 - 3 - for expansion, the move was necessitated by the Highway Department taking ground for 1-70 There will be less dust because the parking area will be paved The address listed was 5000 Marshall, the correct address is 5020 Marshall Motion by Councilman Cavarra "I move that the Special Use Permit applied for by AMCOR, Inc at 5020 Marshall Street, for manufacturing, fabrication, and/or processing of concrete products in the Industrial area be approved with the understanding that this Special Use Permit is granted to AMCOR, Inc" Motion was seconded by Councilman Donaldson and carried 5-1, Councilman Turner voting Nay 8 Application by Martha E Kugler for approval of a two-lot minor sub- division Case No MS-77-08 Mr Shelley read the Planning Department comments Don KClgl er of 4520 Ba 1 Sa,TI Street was present representing hi s mother, the owner The purpose of the Re-zoning is for the mothe~ to be able to sell the lot With the water shortage, is not able to keep the grass growing Motion by Councilman Merkl "I that Case No MS-77-08 applicant Martha E Kugler, 3920 Reed Street, for a minor subdivision, two-lot minor subdivision be approved for the following reasons, Plat meets all requirements of the Subdivision Regulations, Planning Commission reco- mmends approval" Motion was seconded by Councilman Hulsey and carried 6-0 9 Request for Modification of Premises re Liquor License Mr Zwagerman said that a Building Permit had been issued, but should not have been until City Council had approved the expansion The property is Valente's at 6995 W 38th Ave Plans of the proposed addition were submitted to Council Ronald Hufford of 2212 Ammons Street said that the addition was to extend the building out to the entrance - straight across Motion by Councilman Hulsey "I move that Council approve the Enlargement of Premises known as Valente's at 6995 W 38th Avenue" Motion was seconded by Councilman Donaldson and carried 6-0 Councilman Merkl said that at 36th Avenue between Gray and Harlan the depth of asphalt was such that adding another 2 inches would add to the drainage problems He would like to see the street contract extended to allow for the removal of the asphalt to take care of the situation Motion by Councilman Merkl "I move that the 1977 Street paving program be extended to ine1ude removal of the existing asphalt at W 36th Avenue between Gray Street and Harlan Street and that grading, scraping, and repaving to take care of and l.O elimlnate an improper crown situation of this area that now exists" Motion was seconded by Councilman Donaldson Discussion The street is higher on one side than the other, and if two more inches of asphalt are added the drainage problem will worsen The grade cannot be lowered becau e of water lines Mr Hobbs is to find out the contractor's working schedule and 1 et City Counc i 1 know on Tuesday, September 20 Motion to Amend "I move that this be done with the understanding that this work be undertaken after all existing streets on the contract have been completed" Motion was seconded by Councilman Turner and carried 4-3, Councilmen Cavarra, Howard, Turner and Mayor Stites voting Aye Motion as amended, carried 6-0 The question was raised re penalties if the contract is not finished on time Mr Fox said that if there had been Change Orders or other additions to the contract, they would have to be considered It was requested to consider next year the removal of asphalt on other streets, since the above problem is also developing in other areas Motion to Adjourn by Councilman Howard, seconded by Councilman Cavarra and carried 5-1, Councilman Hulsey voting Nay APPROVED ell ~/8tj7)