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
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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
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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
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