Loading...
HomeMy WebLinkAbout09/23/1971 MINUTES September 23, 1971 The one hundred and twenty-sixth regular meeting of the Wheat Ridge City Council was called to order at 7 30 p.m at 7390 West 38 Avenue by Mayor Albert E. Anderson. Aldermen present were Dana BoWing, Jack Bramble, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe Others present were Mayor Anderson, Clerk Louise F Turner, Treasurer James Malone, Assistant City Attorney Edward Walters, department personnel and interested citizens An announcement was made by Alderman Bowling that there would be a "Freddie Steinmark Memorial Golf Tournament" on Monday, September 27, 1971 sponsored by the Wheat Ridge Chamber of Commerce and the Rolling Hills Country Club. Citizen's Comments were made by D.M. Swisher of 4685 Pierce who stated that the people voted for a full-time Mayor, that outside people were not needed to run the City, that an apartment City was not needed, that small businesses and business buildings were needed, and that sister cities - Arvada and Lakewood have administrators and operate in the red in contrast to Wheat Ridge which does not And by Bill Grisby who expressed dissatisfaction with the placement of a street light in front of his house after he and several neighbors had been opposed to a light when the petition was passed. He said he had been told that not enough people had signed for the light to justify its placement The Wheat Ridge Land Use Plan came up for decision. Motion by Alderman Bramble "I move that the Land Use Section of the Comprehensive Plan, as presented this date, be amended to designate as industrial that area lying within the following perimeter boundaries a 1nterstate-70 on the south. b The west City limits boundary of the City of Wheat Ridge, i.e. Ward Road on the west. c. The north City limits boundary of the City of Wheat Ridge on the north, excluding that land lying north of Ridge Road between Quail and Miller Streets. d Kipling Street on the east." Motion was seconded by Alderman Bowling. Alderman Howard questioned the inclusion in industrial use of an area in the vicinity of 52 Avenue and Tabor Street which is already developed as residential Motion was amended to "exclude Hance's Subdivision and Vista Ridge Drive Subdivision." Amendment was approved by the second. Council was polled and Motion passed 4-2 with Aldermen Hulsey and Donaldson voting "nay". A question was raised as to whether the vote had been on the Motion or the amendment to it which excluded the subdivisions Mayor Anderson clarified that the vote was on the Motion to amend the Land Use Plan. Alderman Howard asked to go on record with a statement and was ruled out of order. Motion by Alderman Bowling "I move that the over-lay covering the Land Use Plan depicting zoning categories be removed from the Land Use Plan and the following be inserted o -7 units per acre after low density residential. o - 14 units per acre after medium density residential o -21 units per acre after high density residential." Motion was seconded by Alderman Pepe and passed 6-0 -2- Motion by Alderman Bowling "I move that the proposed Land Use Plan as presented by the Planning Commission be adopted as amended and that it supercede any formerly adopted Land Use Plan of the City of Wheat Ridge" Motion was seconded by Alderman Bramble Alderman Howard stated the Plan was not in the best interest of the people of Wheat Ridge. Alderman Donaldson agreed and added he was not in favor of the industrial use in the northwest corner. Council was pdled and vote tied 3-3 with Aldermen Howard, Hulsey and Donaldson voting "nay". Mayor Anderson stated that Council was split and that a decision is difficult when a clear direction is not given by Council. He said if he were to vote "nay" the City would be without a plan and that in order to save the work that had been done on it for the past six months, he would vote "aye"which broke the tie and passed the Motion. The Major Thoroughfare Plan came up for decision. Motion by Alderman Bowling "I move that the proposed Major Thoroughfare Section of the City of Wheat Ridge Master Plan be adopted in accordance with the provisions of Chapter 139-59 of the Colorado Revised Statutes, 1953, as amended, and it shall supercede any formerly adopted Major Thoroughfare Plan of the City of Wheat Ridge." Motion was seconded by Alderman Howard Alderman Bramble asked to go on record as saying "I want to make it clear that this has nothing to do with widening streets. I am not for a major highway through the City. I am for upgrading and improving, but any widening must be approved by this Council." Alderman Donaldson also stated that there would be no widening without Council approval. Council was polled and Motion passed 5-0. WZ-71-27 Rezoning Case was heard. Applicant Madision Properties Inc. requested a change from Agricultural-One to Planned Unit Development at 49 Avenue and Independence (northwest corner) for multiple units. Robert Barr of the Planning Department stated that the Comprehensive Plan shows for this parcel low density residential and that general discussion is appropriate. He advised that the Planning Commission had passed the following Motion "That the Planned Unit Development be approved with the following mod- i fications 1. Density in entirely too high for that area; 150 units requires 300 parking spaces and I can't see how the area can handle this. 2 Fire lanes are to be changed to meet specifications, a width of 3D feet. 3. Schools are not adequate at this time to handle the additional students 4 The density should not exceed 15.2 units per acre." Mr Barr added that the for 20.5 units per acre pendence is 50 feet. area is 7 255 acres and that this proposal is The ROW on 49 Avenue is 50 feet and on Inde- George A Holley, attorney, representing Madison Properties Inc stated 1. That the plan has been amended. 2. That two buildings have been removed and 8 units deleted. 3 The new total is 142 units or 19 55 units per acre. 4 The percentage of green area is greater in this plan than it would be for a normal house. 5 That other zonings in the area to the east and the southwest exceed this in density. -3- 5 Sarah Lee 7 outside. 8 30 feet has been left for a fire lane as was recommended by the Planning Commission. 9. Ground is flat but not level. 10 There are 300 parking spaces or an excess of 16 on a 2-1 basis 11. There are 2 areas excluded on the east boundary, the north one has a concrete water storage tank belonging to Arvada. The one to the south has a residence well screened by trees This piece was not for sale at a reasonable price 12 To the south and southeat and west are Commercial-One and to the north is Residential-Three except for a small "sliver" in between. 13 Property is in Clear Creek Sanitation and Valley Water Districts. 14. That when a hearing for Residential-Three was held on this property some Council members gave as their reason for denial that Planned Unit Development would show the means of handling problems. 15. This has been done in regard to the green area, the ditches, the court and pool, fire lane, parking etc. 16 That development can't stop because of inadequate schools. The school district will accommodate the additional students as it has in the past. There are two ditches called the Slough Ditch and the Ditch which have been put underground. Buildings are around a courtyard with parking around the Supporting Comments were made by Al Wahl of 4505 Eldridge in Boulder. Also speaking in favor of the rezoning were Don Callan of 6020 West 55 Place, professional engineer and land surveyor who explained that underground piping of arch type corrigated metal or concrete would be used to contain the citches. He said there was considerable expense involved but that the area could not reasonably be developed without it. Glenn Adams of 4139 South Xavier Way, Denver, president of Madison Properties Inc., owner of the property who said it means a lot of expense to develop in this manner and that some might have developed low density to avoid the expense, and Peter Looms architect of Anderson and Looms of 2080 South Milwaukee who stated the firm had designed several thousand units prior to these including some i~ process now in Littleton for Madison Properties He said his company~eoncerned with a finished product that is not just acceptable, but attractive and desirable and with the way it fits into the community. He felt the major problems were as follows 1. The ditches - the solution for which was already discussed. 2. The land itself which is flat. 3. The fire lanes which were recommended by the Planning Commission and which actually made access to all buildings easier. 4. Removal of buildings in the middle which increased the green area and gave all buildings access to roadways. 5. The high water level which enabled them to go only 3 to 4 feet below grade. He added that only 20% of ground area would be covered and that there would be a staggering of heights for interest and a varying of ground levels Some buildings that are actually 3 stories would look much lower because of grading up to portions of them. In some there would be 2~ stories above ground. No one appeared in opposition. In a request to a show of hands, 14 said they were interested in the case, 6 in favor and 8 in opposition. No one was present solely because of the case. Michael Ritz of 5715 Swadley stated that he had appeared frequently in opposition to rezonings, but felt that it should be from people in the individual area and that he did not live in the immediate area ) -4- Motion was made by Alderman Bramble, seconded by Alderman Donaldson and passed 5-0 "that Case WZ-71-27 be tabled to September 30, 1971 for a decision to be rendered at that time in these chambers " WZ-71-28 Rezoning Case was heard Applicants J Carlson, h. Blough and C Fulmer had requested a change from Agricultural-One to Com- mercial-One for a motel and restaurant at 4650 Kipling Street. Robert Barr of the Planning Department stated that the following factors should be considered 1 The Comprehensive Plan shows for this area low density re- sidential. 2. Requested district is an extension of present Commercial- One zone to the north of parcel. 3. With the large quantity of Commercial-One districts in this area, it should be realized if additional commercial should be added to this area, it should be of a restricted nature. 4. Although Commercial-One lies to the north and northwest of subject property, there is Pennington Elementary School to the east, multiple dwellings to the west, and Agricultural-One and Residential-Two to the south, southeast and southwest, it must be recognized that Kipling Street cannot withstand the traffic problems that would be incurred by general commercial usage in this area. 5. With the trends being established in this area, this Department feels Restricted-Commercial-One would be the highest and best land use for this parcel and would recommend to the Planning Commission to approve a district amendment of Restricted-Commercial-one but to recommend denial of a Commercial-One zoning amendment and so recommend such to the City ~ouncil. The Planning Commission's oplnlon had been as follows "Whereas, the City of Wheat Ridge Planning Department has submitted a list of factors to be considered with the above noted rezoning application, and said list of factors is attached hereto and incorporated herein by reference and made a part hereof, and Motion by Mrs Pryor, seconded by Mr. Stewart, 'That the Commercial-One proposal for this plot be denied for the following reasons 1. Of the Commercial-One tracts north of the subject property, both abut Interstate-7o. 2 All other tracts contingent with subject property are of a residential or agricultural district 3. The proposed rezoning would present a traffic hazard to those who use the facilities of Pennington Elementary School. 4. A lessor commercial zoning of Restricted-Commercial-One would be in order for this property.'" Case was presented by David B. RIheson, attorney, who stated 1. That the property abuts commercial zoning to the north. 2. To the south is agricultural. 3 To the east is Pennington School. 4. It is about 1,000 feet from Interstate-7o 5. There are only 6 houses being lived in from Arvada to 44 Avenue which indicates the area is not too conducive to residential housing. 6. A motel would not be hazardous to school children because those who attend Pennington live east of Kipling and do not cross Kipling. Also, traffic lanes would be provided on Kipling. 7. That this area is shown as commercial on the land use plan adopted tonight. 8. Tourists are probably the second largest industry and many are carried on 1-70. Wheat Ridge is losing business and tax base because there are no motels between Federal and 32 Avenue and a feasibility study had indicated that this was a good location. 9. That he would request continuance of the matter for one week in order that he might present the plans of the motel to Council. Motion by Alderman Donaldson "At the request of Mr. Richeson, I move the hearing be continued for one week." Motion was seconded by Alderman Bowling and defeated by a vote of 4-2 with Aldermen Howard, Hulsey, Pepe and Bramble voting "nay". , -5- Mr Richeson introduced property owners who were present, Joyce Carlson, Mr. and Mrs Blough and Mrs. Charles Fulmer. He pointed out that the area is 2.97 acres and is now zoned agricultural which is out of harmony and not a use at this time. Speaking in opposition was Gary Lewman of 4350 Parfet who stated that the owners of "The American Family Lodge" which is in the process of being built across Kipling from this site had felt a 558 square foot sign on an 89 foot pole was necessary for a motel in this area, and had made such a request to the Board of Adjustment. Mr. Lewman recommended Planned Unit or Restricted-Commercial-One Motion by Alderman Pepe "I move that Case WZ-71-28 be taken under advisement and a decision be rendered on September 30, 1971." Motion was seconded by Alderman Hulsey and passed 5-0. Ordinance No. 91 was brought up for second consideration. Motion was made by Alderman Bramble, seconded by Alderman Hulsey and passed 5-0 "that Ordinance No. 91 pertaining to the salary of the Mayor be read by the Clerk." The Ordinance was read. Edward Walters, acting City Attorney clarified that the salary designated would apply to the next two year term and would stay in effect until changed. Citizen's Comments in opoosition to the change were made by Gerald Birney who felt the reduction was premature and asked that the Ordinance be defeated or delayed until some provision for full-time administrator is made Mr. D M. Swisher who said the people had given a vote for a full-time Mayor, that the people would not elect a person who was not qualified, and that administrators in other cities cost more than $15,000 00 per year. Alderman Bowling stated "At the time of incorporation no one anticipated a full-time Mayor. We agreed upon a salary of $7,200 00 and it was raised at the insistence of people in the audience and the vote at that time for $15,000.00 was not unanimous. Council created this salary and if Council feels it's time to change it back, we should let it be known to all candiates what the salary is. This is in no way a reflection on Ed Anderson, he has done a magnificent job." Other CitiZens speaking were Michael Ritz of 5115 Swadley who felt the people wanted a full-time mayor and that perhaps another election on the matter should be held, and Robert Johnson of 3760 Wadsworth who urged that the Ordinance not be passed and asked what plans Council had. He said the present mayor's salary would not pay for a good administrator. Motion was made by Alderman Bramble "I move that Ordinance No. 91 (Pertaining to the Mayor's salary) be passed on second reading and be published in the paper and posted." Motion was seconded by Alderman Pepe and passed 5-1 with Alderman Howard voting "nay". Motion by Alderman Pepe "I move that Ordinance No. 92 (pertaining to Aldermen's salaries) be read." Motion was seconded by Alderman Hulsey and passed 6-0. Ordinance No. 92 was read. Robert Johnson asked if this constituted raising of the salaries. Attorney Walters ruled that questions to Council are out of order. Ad- ditional questions from an unidentified woman were also ruled o~ of order Motion by Alderman Hulsey "I move that Ordinance No. 92 be approved on second reading and be published and posted." Motion was seconded by Alderman Pepe and passed 5-1 with Alderman Howard voting "nay". General Adjustments to the 1971 Budget were presented by Finance Officer Walter Grande j ? -5- Resolution No. 139 (1971 Budget Adjustment) was introduced by Alderman Donaldson and read. Motion by Alderman Donaldson the 1971 Budget be approved." and passed 6-0. "I move that Resolution No. 139 adjusting Motion was seconded by Alderman Hulsey Resolution No. 140 pertaining to reinvestment of $100,000.00 was in- troduced by Alderman Hulsey and read. Treasurer James Malone stated that of six banks contacted the highest interest rate was 5 3/4% at the Wheat Ridge National Bank Motion by Alderman Pepe of funds) be approved." passed 5-0 "I move that Resolution No. 140 (reinvestment Motion was seconded by Alderman Bramble and Motion by Alderman Bramble "I move we pruchase 120 tons of salt at a price of $17.50 per ton from Account No 431.5." Motion was seconded by Alderman Bowling and passed 5-0. Robert Barr of the Planning Department presented a deed to Council for acceptance for road purposes. Motion by Alderman Howard "I move that the deed presented by the Planning Commission from Jacob and Myrtle Jansen of 4900 Van Gordon Street be accepted." Motion was seconded by Alderman Donaldson and passed 5-0. Motion by Alderman Donaldson "I move that the be authorized to spend up to $3,000 00 for tree to come out of snow removal Account No. 431.5." Alderman Howard and passed 5-0. Public Works Department limb removal, said sum Motion was seconded by Motion by Alderman Hulsey "I move that the Task Force for Mass Transit be given approval to expend a sum not exceeding $500.00, said monies to be used for publicity pertaining to the new bus service effective September 27, 1971 and to be derived from Account No. 490." Motion was seconded by Alderman Bramble and passed 5-0 A.F. Williams reported that the Park Commission is going to request a hearing before the State Engineer in regard to use of the existing wells and permission to drill a new well in Paramount Park. He requested that City Attorney Fox be present at the hearing. Alderman Bowling asked to go on record as requesting that the matter be brought to the attention of Clyde Hobbs and Attorney Fox. Alderman Pepe asked that the Building Inspector be directed to check for a zoning violation at the greenhouse at 29 Avenue and Newland. Meeting was adjourned at 11 50 p.m. ~ -/'-/ "1 ~~.J/ Louise F Turner City Clerk