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HomeMy WebLinkAbout07/25/1974 MI ~!UTES July 25, 1974 The two hundred and fiftieth regular meeting was called to order by Mayor Paul B. Abramson at 7 30 p.m. at 4355 Field Street. Aldermen attending were Hulsey, Larry Merkl and arrived later. Joseph Donaldson, Robert Howard, Calvin Louise Turner. Alderman Mary Jo Cavarra Also attending were City Administrator John Jerman, City Attorney William Mc Carthy, City Clerk Elise Brougham, City Treasurer James Malone, staff and numerous interested citizens. Motion by Alderman Turner "I move that the Minutes of July 18, 1974 be considered at tIle August ~, 1974 meeting." Motion was seconded by Alderman Merkl and passed 4-1. Alderman Hulsey voted "nay." Alderman Howard stated that he disapproved of the policy that zoning cases be heard on Monday and the same week they are heard before ~ouncil on Thursday. He recommended that notice be posted 15 days after the Planning Commission hearing for the Council Hearing. Alderman Turner recomended that there be a 10 day or ~/z week span in between the two hearings. It was decided that this be scheduled for the August 1st Study Session. Alderman Howard also stated he had gotten calls from citizens complaining of the cost of restriping 38 Avenue. Mr. Jerman said it will cost $900.00 to remove the striping, which he stated was an estimated cost. Mayor Abramson announced his resignation as Mayor effective September 7, 1974 because he had accepted a position with the National Laboratory for Nuclear Engineering run for the AEC by the University of Chicago. Paperweight appreciation momentoes were presented to past and present members of the Police Pension Board and Safety Committee. Members present were Elise Brougham, Louise Turner, William R. Davis, Paul Abramson, James Malone and Howard Jaquay. Application for change of ownership for Rockette Tavern at 10006 West 44 Avenue Class G liquor license was heard. Court Reporter Ruth Carsh was present to record the proceedings. Ronald J. Hood, the applicant was present who stated he was presently in the Navy and was stationed in Florida and would be discharged September 24, 1974. He stated his step-father Mr. Joseph Lewis would be manager. City Attorney McCarthy had signed that the application folder was legally sufficient. No one appeared in favor or in opposition. Motion by Alderman Turner "I move that consideration of the license application for change of ownership of Rockette Tavern be tabled one week for a decision." Motion was seconded by Alderman Donaldson and passed 6-0. Rezoninq Case WZ-74-14 Public Hearing was scheduled. The applicants Joseph Keleman and Esco Corp. requested rezoning from Agricultural-One to Industrial at 5101-89-85 Miller, for the purpose of building warehouses. Dennis Wigert of the Planning Department stated 1. The Land Use Plan recommends industrial. 2. The applicants propose to build 4 warehouses including some office space. There will be no manufacturing activities. Esco Co. sells steel cranes with occassional repair inside. 3. The buildings will be completed within one year. 4. Two irrigation ditches traverse the property from West to East and the ditch companies have agreed to allow piping of the ditches through the property. 5. The parcels are not in the Flood Plain. 6. Both parcels front on Miller Street, a 60' ROW. 7. The Planning Department and Planning Commission recommend approval. MINUTES - July 25, 1974 - Continued -2- Mr. Wigert stated in regards to law regarding gravel deposits, a report from the State Geologist read "Commerciality is limited beca~se of the greater thickness of over burden in the northern third to Y2 of the subject tract. We would suggest 2 or 3 drill holes."Alderman Turner requested the report on the test holes. Mr. Wiqert stated that the report stated the site was non-commercial for the following reasons 1. The size of the property is 10.5 acres- the northern 2/3 of the site has between 14to 29 feet of sand silt and clays overlying about 13 to 15 feet of sands and gravels. 2. 3.5 acres of the site has 2.5' of sandy silty clays overlying about 13' of sand and gravel. 3. Due to the thickness of the overburden in the northern 2/3 of b e project, the effective size from an economical deposit is much less than 10.5 acres. 4. The property to the west is commercial, to the east is the State Home for Children, and to the north and south is residential, and the Colo. Southern R.R. ROW. Due to the nature of the development around the site, further expansion would be impossible. 5. If a buffer zone were included the present size of the property would be further diminished. 6. The two small canals going across the property would have to be relocated. 7. Analysis of sand and gravel indicated that silty sands and gravel would require varying degrees of screening and reconstruction to meet the widely accepted Amer. Assoc. of State Highway Officials specifications for concrete base COUrse and asphalt aggregates. It was signed Richard C. Edwards, geologist. Mr. Wigert stated that this is an application for an outline development plan, and is called Talmar Industrial Park. Mr. Vince Turner, attorney for the applican~ stated 1. There were three drill holes done and the results had been read by Mr. Wigert. 2. A drainage study was not required in the outline development plan, but that they had two letters from the ditch company approving passing the water through the property. 3. The steep grade on the RR tract will need site modification on the west boundary. 4. The business will be steel products, and there will be crane products on the outside 5. He felt this was a resonable use of the ground. 6. One warehouse is for Esco and three other warehouses which are not preleased. 7. There will be no manufacturing of products. B. In answer to a question, he stated Esco Corp. owns the land and Mr. Joseph ~elemen owns the land to the south. Mr. Dave Lindsav local representative of Esco stated the cranes are built in Europe, and the cranes are assembled on the job site, that they are a steel distribution company, and if s~aring were to be done, it would be inside. Alderman Cavarra questioned if storing material was in violation of the law. Mr. Turner presented slides of the area and appearances of the future buildings and stated that the trees existing would be preserved and that there would be a fence around the Esco Building and along the Railroad ROW. No one appeared in opposition or in favor, or spoke neutrally. Motion by Alderman Howard "I move that Rezoning Case WZ-74-14 located at 5101, 51B9, 5185 Miller from the present zoning of Agricultural-One to Industrial be tabled for a period of two weeks to allow staff to determine whether any of this property should be reserved by the City for future ROW." Motion was seconded by Alderman Turner and passed 6-0. MINUTES - July 25, 1974 - Continued -3- Rezoninq Case WZ-74-15 Public Hearing was scheduled. requested to be rezoned at the Southeast corner of 45 from Residential-Two to Restricted-Commercial-One for construction of law offices by the prospective buyers and George Strate. The area was Avenue and Vance the purpose of Maurice Fox Dennis Wigert of the Planning Department stated 1. The Land Use Plan indicates commercial. 2. The parcel fronts on West 45 Avenue which is 50' and Vance Street which is a 50' and 35' ROW. 3. The parcel is not in the flood plain. 4. The parcel is presently vacant. 5. Due consideration must be made to the compatability of the proposed use with the Residential areas to the east and north. Required setbacks from Vance and 45 Avenue are 30 feet in a Restricted-Commercial-One zone. 6. Planned-Commercial-Development would insure consideration for neighborhood compatibility. 7. Planning Dept. recommends approval because it is consistent with the Land Use Plan. 8. Planning Commission recommended approval. 9. At the Planning Commission Meeting the people from the neighborhood wanted it for use of a park and the THK report lists it as a park priority number one. If the land is bought for a park, then the Planning Dep t. would recommend denial. Mr. Wigert presented a petition with 110 names on opposing the rezoning. He also presented a petition with 9 signatures on it opposing and claiming th~ comprised 20% of the contiguous property thus requlrlng a 3/4 majority vote of Council for passage of the rezoning according to CRS, 1963 Chapter 139-60-5. City Attorney McCarthy ruled that the petition was valid and the 3/4 majority vote did apply and that it would take 6 votes for passage of the voting members of Council which included the Mayor. Mr. Maurice Fox, attorney stated 1. That the property was in the estate of Ignatz J. Bacher, and that the widow Mrs. Ella Bacher, who was present, was in his opinion the property owner due to the fact that the 3 sons had signed over interest to her in the land by quit claim deed. 2. That he himself, and Mr. George Strate were the contract purchasers of the land. 3. That he was formally lodging a protest to the ruling of the City Attorney -lIthat the application with the lack of foundation substitutes, constitutes or any way complies with fue CRS 1963, as amended, and specifically 139-60-5 which refers to those cases where people can formally protest. There's absolutely no information before you of a substantial nature which would allow you to proceed in such a fashion. Our second protest would be to the ruling that it would take 6 members of your Council to approve this application. II He stated that the Mayor votes in ties, and also it has been the policy established by the City to only vote in ties. Mayor Abramson stated the State Statutes define City Council as the Aldermen and the Mayor. The Mayor stated he would disqualify himself from voting however, because of personal contact with Mr. Strate. Mr. Fox asked the Mayor if he had ever voted on a zoning case except where there was a tie, and Mayor Abramson answered "No." Mr. Fox proceeded by stating the following 1. The zoning Should be changed on the land in question for the following reasons a. The Land Use Plan recommends commercial. b The Planning Commission recommended approval. Planning Department recommended approval before the Planning Commission and Council. c. Property cannot be reasonably developed as residential under the present zoning. d. The abutting land to the south and west in the same block is Commercial-One. e. Restricted-Commercial-one is the most restrictive and it allows a reasonable buffer to the residences to the north. MINUTES - July 25, 1974 - Continued -4- f. The proposed use falls within the R-C-1 requirements. There would be no sales, traffic at late hours, and it is a daytime use, and there would be no lighting at nite. g. The area is surrounded by Commercial-One uses and zoning. 2. The proposed structure will comply to all regulations and will be at the south end of the property. He stated that maximum height of the building allowed is 35' and that there can be no building or parking on 10% of the land. Mayor Abramson asked if the proposed change requested will make cha~s in the existing regulations and restrictions on the land, and Mr. Fox answered "Yes." City Attorney McCarthy ruled due to the conflict of interest by the Mayor, 3/4 majority vote for passage will be required by the 6 members of Council. Harry Thode of 13705 Braun Road was called upon by Mr. Fox who stated 1. He was a real estate broker. 2. That the land as currently zoned did not have a feasible use. 3. It was his experience that residential properties abutting Commercial-One are difficult to sell but those abutting Restricted-Commercial- One are not as difficult. 4. That he was the agent for the sale of the property. Alderman Cavarra questioned whether the zoning should change to the rear of property or whether it should change towards the front making the frontages consistent. Mr. Wiqert stated that there should be a 10' dedication on Vance because the ROW narrows down from 50' to 35' at the intersection of 44 Avenue and Vance. Mr. Fox agreed as contract purchaser that this would be done. Speaking in Opposition were the following Mr. Don Wyman, attorney at 940 Logan who was representing Mr. and Mrs. Richard Glasman of 4495 Vance who stated 1. That he was not expertise in this area, but he felt one did not face residences with commercial. 2. His clients live next door and that a bUilding and parking will contribute to the already troublesome drainage runoff problem. 3. If a 2 story building is placed there it will destroy their privacy. 4. The area coUd be developed for duplexes on the present zoning. 5. His clients presented a rezoning case for business purposes on their property at one time, and it had been denied, so they have stayed in their home and spent $4,000. in improvements assuming that this was the feeling of the City that this remain residential. 6. The traffic would be increased. 7. If the area is a high priority for a park, it should not be rezoned which would increase the price of the land. B. That if this was rezoned it would be a "lead" for more intensity commercial zoning in the future. 9. Many neighbors in the area oppose the rezoning. hand their/in opposition of the rezoning. A poll was taken and 31 people raised Bruce Gordon of 4490 Vance stated 1. Where 44 Avenue adjoins Vance there is a traffic problem. 2. There is an existing drainage problem. 3. There is commercial property in the area that is not being used. 4. Only one sign was posted and it was washed out. 5. Master Plans or Land Use Plans can be inaccurate. 6. He thought the question of rezonings in the area had been resolved with the Glassman's rezoning. MINUTES - July 25, 1974 - Continued -5- Mr. Robert L. Jones of 4630 Vance stated that there are people opposed who are not present, and that he wanted the neighborhood to remain residential. Mr. Dick Doyle of 4491 Upham Street who stated he had moved there to get out of traffic and that there would be lights on at night. Mr. Fox stated in summary 1. He verified that the notice of rezoning had been properly published in the Wheat Ridge Sentinel on July 4, 1974. 2. The basic issue is whye should the land be changed, and the Land Use Plan recommends commercial, and Restricted-Commercii-one is the most restrictive of commercial zonings and would act as a buffer. 3. Not one legal reason was given why the Land Use Plan should not be followed. 4. If the land were to become a park, there would be lighting, traffic and it would be uneconomical. 5. There are willing buyers for the land, it is a proper commercial use, it would offer a good tax base. Mr. Don Wyman summarized 1. There is an art to planning, and a Comprehensive Plan is compiled in therory and in a vacuum . 2. That one should know the reasons in each rezoning case for or against. 3. There is other commercial land available. Motion by Alderman Donaldson "I move that Case WZ-74-15 be tabled for two weeks for a decision to be rendered at that time." Motion was seconded by Alderman Howard. Alderman Merkl requested that there be a traffic count and drainage report given at that time. Alderman Hulsey stated he wanted to go on record that the land should be for parkland. Question was called and Motion passed 4-2. Aldermen Merkl and Cavarra voted "nay." Case DP-74-o1 Dumping Permit request was heard. The applicant was Kipling 5000 requesting a permit at the area north of West 49 Avenue and Kipling. Planning Dept. and Commission recommended approval. Mr. Dwiqht Griqgs, attorney for the applicant and with offices at 5771 Wadsworth Bypass stated 1. They had been dumping clean fill from the Denver Water Board in the area and had been told to stop and that they needed a permit. 2. The area was land that had been annexed to the City preViously. 3. They are attempting to rai~ the land a couple of feet and there will be drainage to the east. 4. They are filling the front area first for commercial development. 5. They would like to continue dumping because the fill from Denver Water Board is free, and that the permit requires that the land be smoothed or leveled every 30 days. 6. In answer to a question from Alderman Turner, he stated there had been a body of water on the property and they had removed the retention wall thus eliminating it. Alderman Turner stated there was a law prohibiting filling in bodies of water. No one appeared in favor or in opposition. Motion by Alderman Cavarra "I move that Case DP-74-01 be approved in accordance with the Planning Dept. and Planning Commission recommendation with the understanding that the drainage plans to the east be reviewed by our Public Works Dept. and be updated consistently." Motion to Amend by Alderman Cavarra "I'll move that the matter of the filling of the pond be approved by the City Attorney." Motion was seconded by Alderman Donaldson and TIED 3-3. Aldermen Hulsey, Merkl and Howard voted "nay." Mayor Abramson voted "nay" and MOTION WAS DEFEATED. Mayor Abramson stat8d this is a legal matter and would be investigated as a staff matter. Original Motion was seconded by Alderman Hulsey and passed 6-0. MINUTES - July 25, 1974 - Continued -5- Decision reqardinq the buildinq permit of Mr. and Mrs. John B. Marvin was scheduled. The permit to build'an addition on their house had been revoked because it had later been discovered they were building in the Flood Plain. Consequently, they had held a hearing before the Board of Adjustment which had ruled that they w3uld use the Wright- McLaughlin Report instead of the Army Carps of Engineers, and granted approval providing the structure extends 15' feet (Originally it had been for 20'), and that fill placed on the property since issuance of the bUilding permit be removed with the exception of fill around the house. It was stated the City had done the following so far 1. Removed 4 yards of dirt from the front yard with the cost being reimbursed or replaced if the permit is allowed. 2. That the City will restore the back yard at City expense if the permit is not granted. 3. Wright Mc Laughlin was hired by the City and their delineation of the flood plain is different than the Corps of Engineers. 4. That the cost of footing relocation is to be paid by the City. It was questioned whether or not if the Wright McLaughlin maps could be used because the ordinance adopts the Corps of Engineers Maps. It was pointed out there is a section which says if the present maps are clearly shown to be incorrect, then more accurate maps can be used. Motion by Alderman Howard "I move that we reissue the building permit to the Marvins so that they can continue with the original permit with the original purpose." Motion was seconded by Alderman Hulsey. Mavor Abramson asked if the original 20 foot building permit was in or out of the Flood Plain as delineated in the Wright-McLaughlin Maps. The report indicated that an additional 20 feet would be just outside the Wright-McLaughlin flood plain boundaries. Motion to Amend Motion by Alderman Merkl "I move that the City will reimburse the Marvins for whatever added expense we've cost them through our City's fine administration in handling this whole case." Motion was seconded by Alderman Howard and passed 5-0. Question was called on Original Motion and passed 5-1. Alderman Turner voted "nay." Motion by Alderman Merkl "I move we suspend our Rules of Procedure (In regards to adjourning at 11 DO p.m.)." Motion was seconded by Alderman Hulsey and passed 5-1. Alderman Howard voted "nay." Motion by Alderman Howard "I move that Mr. Frank Cosola be reappointed as a member of the Civil Service Commission." Motion was seconded by Alderman Donaldson and passed 5-0. Motion by Alderman Merkl "I move that Garth Gibbons be appointed as an Alternate member of the Planning Commission and that Mrs. Mary Harlow be appointed as a regular member to fill the vacancy (created by Howard Buchanan's reSignation.)" Motion was seconded by Alderman Donaldson and passed 5-0. Motion by Alderman Howard "I move that the Class J1 package beer license for National Tea Company dba Del Farm Foods at 7340 West 44 Avenue be renewed." Motion was seconded by Alderman Hulsey and passed 5-0. Motion by Alderman Turner "I move that the 3.2% beer Class J1 license for Wheat Ridge Ranch Market at 5920 West 38 Avenue be renewed." Motion was seconded by Alderman Donaldson and passed 5-0. Motion by Alderman Merkl "I move that the 3.2% beer Class J1 license for Woods Supermarket at 10019 West 25 Avenue be renewed." Motion was seconded by Alderman Turner and passed 5-0. MINUTES - July 25, 1974 - Continued -7- Motion by Alderman Turner "I move that the Class J2 3.2% beer license on premises for Country Gentlemen Stores Inc. dba Family Fun Center at 5250 West 38 Avenue be renewed." Motion was seconded by Alderman Howard and passed 6-0. Resolution No. 326 was introduced by Alderman Donaldson. It concerned reinvesting funds from Revenue Sharing in a Certificate of Deposit. Said Resolution was read. Motion by Alderman Turner "I move that Resolution No. 326 be adopted." Motion was seconded by Alderman Donaldson and passed 6-0. Ordinance No. 158 amending Zoning Ordinance No. 98 was brought up for second reading. The title was read. Motion by Alderman Cavarra "I move that the following amendment be made to the Wheat Ridge Zoning Ordinance, Section 28, Definitions 'Landscaping Any combination of two or more of the following grass, flowers, shrubbery, and deciduous and coniferous trees, which shall be maintained in an orderly manner, any combination of bark,rock, or ornamental objects, not exceeding twenty percent (20%) of the landscaped area may be used. A minimum of sixty percent (60%) of landscaped area must be in setback(s) of public streets. Main Buildinq The building(s) housing the principle (primary and most important) uses(s) permitted for the lot upon which it is located. It shall be defined as having a continuous roof and foundation.'" Motion was seconded by ALderman Turner. Motion by Alderman Hulsey "I move that the proposed amendments to Ordinance No. 98 be tabled indefinitely pending review by staff and the Planning Commission." Motion was seconded by Alderman Howard and TIED 3-3. Aldermen Donaldson, Turner and Cavarra voted "nay." Mayor Abramson voted "Aye" and MOTION PASSED 4-3. Motion by Alderman Turner "I move that Ordinance No. 158 be passed on second reading as written and be ordered published and posted." Motion was seconded by Alderman Hulsey and passed 6-0. City Administrator John Jerman stated he had several req~ests to modify the Albert E. Anderson Community Building which were to put up doors for the gym, that there be outside lighting, and that concrete strips be put around the lawn to keep the cars off. Motion by Alderman Turner "I move that we purchase doors for the gym." Motion was seconded by Alderman Hulsey. Motion passed 4-2. Aldermen Howard and Merkl voted "nay.- Motion by Alderman Donaldson "I move we approved $500. for lighting, to be charged from Account 244." THERE WAS NO SECOND AND MOTION DIEDa Motion to Amend Motion by Alderman Donaldson "I move that the doors just authorized be charged to Account 244." Motion was seconded by Alderman Hulsey and passed 5-1. Alderman Howard voted "nay." Motion by Alderman Hulsey "I move that we look into other type of lighting." Motion was seconded by Alderman Turner and passed 6-0. Motion by Alderman Turner "I move that we not buy the concrete pieces, and that a chain be put between the existing posts that,1i511 the lawn." Motion was seconded by Alderman Howard and passed 5-1. Alderman Hulsey voted "nay." Mr. Jerman presented a proposal far the Denver Urban Observatory to be hired at a cost of $2,500.00 to draft a model personnel ordinance for the City. No action was taken. rttion by Alderman Hulsey "I move we adjourn." Motion was seconded by Alderman Howard and was DEFEATED 4-2. Aldermen Donaldson, Merkl, Turner and Cavarra voted "nay." Resolution No. 327 pertaining to the City'S intent to pay their share of the planning assistance grant from the Denver Regional Coun8il of Governments was introduced by Alderman Donaldson and was read. MINUTES - July 25, 1974 - Continued -8- Motion by Alderman Merkl "I move that Resolution No. 327 be adopted." Motion was seconded by Alderman Donaldson and passed 6-0. Mr. Jerman presented a list of requested expenditures far the 44 Avenue and Owens building. The requests are for Telephone cable conduit, additional electrical conduit and outlets, installation of two drinking fountains and installing one door for the total cost of $950.00, which would be charged from Account 780. Motion by Alderman Donaldson "I move that we authorize these expenditures." Motion was seconded by Alderman Hulsey and passed 4-2. Aldermen Howard and Merkl voted "nay." Mr. Jerman stated he had distributed a reV1Slon of the Budget made by Council and also a comparison of police expenditures to the total budget of cities comparable to Wheat Ridge. Alderman Howard questioned whether the wording in Ordinance No. 156 pertaining to a lease-purchase was correct. City Attorney McCarthy was directed to research this. Motion by Alderman Turner "I move that personnel from the local chapter of the International Conference of Building Officials be contacted and asked to do the management study of the Building Department which was requested by Council." Motion was not seconded, and MOTION DIED. City Treasurer James Malone presented the Budget and Appropriations Report for the month of June 1974. Meeting was adjourned at 12 15 a.m. Ifi.~".. ~0 El se Brougham. '/~ 4' City Clerk :;!f; I APPROVED / il' ,\ i //y \ I '