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HomeMy WebLinkAbout02/11/1971 MINUTES February 11, 1971 The ninety-fifth regular meeting of the Wheat Ridge City Council was called to order at 7:30 p.m. in the Council Meeting Room at 7390 West 38 Avenue by Mayor Albert E. Anderson. Aldermen present were: Jack Bramble, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe. Alderman Dana Bowling arrived later. Others attending were: Mayor Anderson, Clerk Louise F. Turner, City Attorney Maurice Fox, Director of Administrative Services Walter Johnson, Director of Public Works Clyde Hobbs, Chief of Police Edward Pinson and interested citizens. Ordinance No. 77 pertaining to the formation of Improvement District No. 9 was introduced by Alderman Pepe and read. Arthur Baston of 4205 Garrison requested that additional property which he and others owned be included in the District in order to extend the paving to meet existing paving. Motion by Alderman Howard: "I move that Ordinance No. 77 introduced by Alderman Pepe be tabled at this time until the legal description c~be amended to include those asking that their names be added to the petition and at that time it can be brought back to Council." Motion was seconded by Alderman Hulsey and passed 5-0 with Alderman Bowling not present. Resolution No~-1Q2 pertaining to the Wheat Ridge Coffee House was introduced by Alderman Donaldson and read. Motion by Alderman Howard: "I move that Resolution No. 107 be adopted." Motion was seconded by Alderman Donaldson and passed 6-0. Alderman Bowling's vote which had been written and sealed was read by Mayor Anderson. WZ-70-31 Rezoning Case came up for decision. Motion by Alderman Pepe: "I move that rezoning Case WZ-70-31 be ap- proved for rezoning to Commercial-One for the following reasons: 1. The Comprehensive Plan of the City of Wheat Ridge that has been previously adopted shows this to be proper land use at this location. 2. The Planning Commission has recommended approval of the rezoning. 3. The present land use in this area is in fact, of a com- mercial nature, and the rezoning of the property will allow this pro- perty to be put to its highest and best use. 4. The approval of this rezoning will allow the area to be reconstructed if plans presently presented are carried out, and this will lead to the removal of improvements that are causing a detrimental effect to the neighborhood and should preserve the value of surrounding property. 5. All requirements pertaining to the rezoning of this land have been met." Motion was seconded by Alderman Hulsey and the vote tied 3-3 with Aldermen Donaldson, Bramble and Howard voting "nay." Mayor Anderson voted "aye" to break the tie and pass the Motion 4-3. The vote by Alderman Bowling had been submitted in writing in a sealed envelope and was read by the Mayor. WZ-7D-30 Rezoning Case was heard. Applicant Robert Mugele requested a change from Agricultural-One to Planned Unit Development. Robert Barr of the Planning Department explained that the applicant had previously applied for Residential-Three and upon recommendation of Council amended the application to Planned Unit Development. -; -2- Planning Department gave the following factors to be considered: 1. Comprehensive Plan shows low density. 2. Pattern of growth to the East is high density. 3. The zoning in this area would be compatible with the area subject to street dedications and other changes. 4. If the above can be accomplished, the Planning Department recommends approval." Planning Commission recommended denial "on the basis that it would put too heavy a load of traffic on 44 Avenue, schools won't take it as there are no school facilities for more children, and 384 apart- ments in that amount of space is not compatible in that area." Dave Barber, architect and planner, stated "that the parking ratio had been increased since the earlier presentation of the plan, but there had been no other major changes and that there we~ still 384 units. 2. He also stated that the plan would provide an appropriate buffer between the density that will come on Kipling Street and the residences on the West. 3. He stated that an additional 20' of street will be dedi- cated, and 4. That the plan calls for more dense area to rnnear the street and less dense away from it, and 5. That as a result of the development according to Robert Eckhardt, R-1 School District Planner, an additional 96 students could be anticipated for Fruitdale Elementary School, an additional 42 for Everett Junior High and an additional 35 for Wheat Ridge High School, and 6. That Fruitdale School is at capacity now, but that any development at all would cause overcrowding and even 46 single residences would contribute 58 students, 7. That there would be more tax per child, 8. This would be the best use for the ground, 9. That 40 some trees on the property would be preserved, 10. That development would be in three stages with 112 units in the first stage, 112 units in the second, and 160 units in the third stage, 11. That construction would cost $4,000,000.00 and would take four years and during which time schools could prepare for the increase, and 12. Planned Unit Development affords greater flexibility." Tom Kristopeet of 2200 West Alameda, Denver who is a city planner em- phasized the need for flexibility in zoning and he explained that Planned Unit Development offers the advantage of better land use to the planner, of better control, lower public cost to the public and of lower housing costs and housing tailored to the market for the investor. Citizens who spoke were: Eugene Marrone of 4725 Miller who considered the Planned Unit Development plan beneficial, and Darwin Brunke of 4750 Oak who said Camelot Club was said to be a buffer for the residents to the West and asked "How many more buffers to the buffers should the residents expect~" David Hawn, attorney, stated that changes in the plan had been made at the suggestion of the Fire Department and that as the density increases so does the revenue return to the City. Motion by Alderman Hulsey: "I move we take the matter of Case WZ-70-30 under advisement and render a decision on the 25th of February, 1971 at 7:30 p.m. in the5e chamber5." Motion wa5 5econded by Alderman Bramble and passed 6-0. -3- WZ-70-32 Rezoning Case was brought up. Applicant Harold Tucker requested a change from Agricultural-One to Residential-Two to construct doubles on 130,000 square feet. The Planning low density. in the area. Department stated that the Comprehensive Plan shows Singles are not practical and doubles are prevalent The Planning Commission recommended approval. Harold Tucker of Custom Builders, the applicant, pointed out other doubles in the area and said he planned to put five on the area in question. Francis McGinn, realtor, pointed out that this rezoning would help to finish Simms Street. No one appeared in opposition. Motion by Alderman Donaldson: "I move that the matter be taken under advisement and a decision be rendered on February 25, 1971 and that the Public Works Department prepare a street report." Motion was seconded by Alderman Bowling and passed 6-0. WV-70-5 was brought up which was a vacation requested by Angelo LaPorta for the east half of Holland Street north of Ficco Subdivision. Mr. Barr of the Planning Department stated that: approval was recommended by the Planning Commission, Public Service Company, Public Works Department and approval with some reservations by the Police Department. Ordinance No: 78 pertaining to vacating half of a portion IT Holland Street north of Ficco Subdivision was introduced by Alderman Donaldson and read. Motion by Alderman Pepe: "I move that Ordinance No. 78 be passed on first reading and be ordered published and posted." Motion was seconded by Alderman Hulsey and passed 6-0. WV-71-2 requesting vacation of a portion of Holland Steeet was discussed. Mr. Barr of the Planning Department stated that: approval with an easement was recommended by the Arvada Fire Department and with no easement by Public Service Company. Approval was recommended by the Planning Commission and not recommended by the Police Department. Ordinance No. 76 pertaining to the vacation of a portion of Holland Street was introduced by Alderman Bowling and read. Motion by Alderman Pepe: "I move that Ordinance No. 76 be adopted on first reading and be published and posted." Motion was seconded by Alderman Bowling and passed 6-0. WV-71-03 requesting vacation of a portion of Independence Street was discussed. City Engineer Ralph Johnson stated that this part of Independence Street was an integral part of the traffic system and should not be vacated. Mr. Barr of the Planning Department said that Public Service Company recommended approval, the Arvada Fire Department recommended approval with an easement and the Planning Commission and Police Department and Public Works Director recommended denial. Mr. Ralph Jacobson of 10370 Allendale Drive, Arvada, the applicant stated he had no objection to the denial of the vacation provided that Independence Street would be continued North to and along the Helbig property. No action was taken on the vacation. Motion by Alderman Hulsey: "I move that Robert Blaire of 4535 Balsam Street be appointed as an alternate to the Board of Adjustment for a two year term." Motion was seconded by Alderman Bowling and passed 6-0. -4- Motion by Alderman Bowling: "I move that Joseph F. Berube of 8701 West 38 Avenue be appointed as an alternate to the Board of Adjustment for a three year term." Motion was seconded by Alderman Bramble and passed 5-0. Motion by Alderman Bramble: "I move that the term of Mr. Herbert SChillereff, previously appointed as an alternate to the Board of Adjustment be for one year beginning as of February 11, 1971." Motion was seconded by Alderman Pepe and passed 6-0. Motion by Alderman Hulsey: "I move that Patricia L. Jones of 3 Hillside Drive be appointed to a two year term on the Animal Control Commission." Motion was seconded by Alderman Bowling and passed 6-0. Motion by Alderman Donaldson: "I move that Mrs. Donald McCusky of 3495 Newland Street be appointed to a two year term on the Animal Control Commission." Motion was seconded by Alderman Pepe and passed 6-0. Motion by Alderman Bowling: "I move that Dr. William Trefz of 7530 West 39 Avenue be appointed to a four year term on the Animal Control Commission, to be effective February 11, 1971." Motion was seconded by Alderman Bramble and passed 6-0. Motion by Alderman Bramble: "I move that Mrs. R.S. Cooley of 9801 West 38 Avenue be appointed to a four year term on the Animal Control Commission to begin on February 11, 1971." Motion was seconded by Alderman Donaldson and passed 6-0. Motion by Alderman Donaldson: "I move that Dr. Weldon T. Heard, large and small animal veterinarian of 11700 West 38 Avenue be appointed to a four year term on the Animal Control Commission, term to begin February 11, 1971." Motion was seconded by Aldermen Bowling am:lHramhle and passed 6-0. Motion by Alderman Hulsey: "I move that the following representatives be appointed to the Open Space Advisory Committee of the Denver Regional Council of Governments: Boyd Kraemer, Official Representative and Felix Lepore, Alter- nate Representative of the City of Wheat Ridge." Motion was seconded by Alderman Bowling and passed 5-0 with Alderman Pepe not present. Motion by Alderman Howard: "I move that Robert as Official Representative of the City of Wheat of the Denver Regional Council of Governments." by Alderman Hulsey and passed 4-0 with Alderman not present. H. Barr be appointed to the Steering Committee Motion was seconded Pepe and Donaldson Two deeds were presented by Robert Barr of the Planning Department for approval: one from Frederick Frank Mestecky for the Public Works property and one for the South 30 feet of the North 330 feet of Lot 22, Lee Subdivision for road purposes. Motion by Alderman Bramble: "I move that the deeds for the Mestecky property and for a portion of Lot 22, Lee Subdivision be accepted." Motion was seconded by Alderman Donaldson and passed 5-0 with Alderman Pepe not present. Motion by Alderman Donaldson: "I move that for $1,471.82 be paid to McCall Ellingson." Alderman Bowling and passed 6-0. final payment of a bill Motion was seconded by Motion by Alderman Howard, seconded by Alderman Donaldson and passed 6-0 "that dues for the first half of 1971 in the amount of $2,450.00 be paid to the Denver Regional Council of Governments." -5- Motion by Alderman Howard: purchase of one 1 ton Stake Department at the state bid seconded by Alderman Hulsey "I move that Council approve Body Truck for the Parks and price of $2,814.00." Motion and passed 6-0. the Recreation was Motion by Alderman Bowling: Hearing on the Building Code seconded by Alderman Bramble "I move that the be set for March and passed 5-0. date for a Public 25, 1971." Motion was Resolution No. 108 pertaining to a Safe Driving Program was introduced by Alderman Donaldson and read. Motion by Alderman Donaldson: "I move that Resolution No. 108 per- taining to a safe driving program be adopted." Motion was seconded by Alderman Howard and passed 4-2 with Aldermen Hulsey and Bramble voting "nay." Motion by Alderman ment Districts No. at this location." 6-0. Pepe: "I move that Public Hearings for Improve- 6 and No. 10 be set for 7:30 p.m. on March 11, 1971 Motion was seconded by Alderman Howard and passed Motion by Alderman Pepe: "I move that the Public Works Department be authorized to establish a force account in Account No. 461 for street rehabilitation projects for the 1971 budget year and contingency items in the amount of $15,000.00, and that said sum be approved for spending at the discretion of the Mayor, Director of Public Works and Project Engineer in a joint written agreement." Motion was seconded by Alderman Howard and passed 6-0. Motion by Alderman Donaldson: "I move that Council approve the purchase of Traffic Counters at a price not to exceed $1,935.00 FOB." Motion was seconded by Alderman Bowling and passed 5-1 with Alderman Howard voting "nay." Motion by Alderman Bramble: "That a 2 foot strip be removed from the Council platform to allow more space for people." Motion was seconded by Alderman Pepe and passed 4-2 with Aldermen Hulsey and Bowling voting "nay." An Ordinance for adoption of the City Seal will be put on the February 25, 1971 Agenda. Meeting was adjourned at 11:50 p.m. '/ ... ,-~..., _....,.;..-J ( /) t1 kk~ r ",-JC '>&:7 <-<--<--.J Louise F. Turner City Clerk ~ \PfH'~;\ !.'u p.,-~ ( -::;~, -.(...., '" / 7.v'/~ 5 //