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HomeMy WebLinkAbout07/21/1975 MINUTES July 21, 1975 The two hundred and ninety-third regular meeting of the Wheat Ridge City Council was called to order by Mayor Roesener at 7 30 p.m. at 4355 Field Street. Councilmen attending were Mary Jo CaJarra, Joseph Donaldson, Robert Howard, Calivn Hulsey, Larry Merkl and Louise Turner. Also attending were City Administrator John Jerman, City Attorney Fox, City Clerk Elise Br.vgham, staff and interested citizens. Motion by Councilman Caarra "I move that the Minutes of July 14, 1975 be approved as printed." Motion was seconded by Councilman Turner and passed 4-2. Councilmen Howard and Merkl voted "nay." Public Comment was made by James Avra of 10895 West 38 Avenue stated in the past week his property has flooded twice which is near Lena Gulch and requested that something be done to alleviate the problem. Mayor Roesener agreed this was a serious problem. Councilman Turner recommended that the City budget first for drainage. Councilman Merkl sta+ed i I- should be on a pay as you go basis mi requested suggestions from Mrs. Turner since she "fought the bond issue." Councilman Hulsey recommended utilizing the special improvement district bill. Councilman Turner stated she did not fight the bond issue and that the majority of people did not feel this was the answer. She recommended that the Ci~y spend money for drainage rather than for projects such a~ replacing curb and gutter at city expense, and stated thpteilihe Public works crew could clean out the debris at the Gulch if th~nad not been cut. Mayor Roesener slated manual work is not the answer and "plaln old dollars and cents is," and that there is not adequate money in the budget for such projects and that cutting city crews has nothing to do with the problem. City Administrator Jerman recommending placing this item on the Study Session for 8/4/75 to explore a special improvement district for this area. Councilman Cavarra recommended that the comments of Wright-McLaughlin regarding their study for the Urban Drainage District be available and recommendations of the City Attorney since the problem is that the Red Barn dams up the water. Mayor Roesener commented that Wheat Ridge had 3 major drainage basins and that the projects can't be corrected piecemeal. Councilman Turner requested that the staff be directed to check into possibilities for federal funding for these projects, and also request help from the State to increase the size of the channelway under Kipling which causes a bottleneck. Cliff Gebow of 10855 West 39 Avenue stated he had 3' deep water in his backyard from the recent rains and that they had never had the problem until the houses were built to the west. Case WV-75-o1, a request by Robert D. and Ida J. Smith of 2905 Xenon to vacate a strip of land set aside for a proposed street on the south side of their property bordering W. 29 Avenue to the Lakewood border. The case had been deferred from 7/14/75 for clarification from Mr. Fox. City Attorney Fox reported that a change in the applicant's boundary will not effect the boundary established by the municipality, and that the question of who the land passes to should not be a concern of Council. He stated it would probably all go to the applicant or be divided by each contiguous landowner, and the law does not specifically apply that i goes back to where it came from as in rhe original subdivision. Councilman Turner questioned if this was parkland that the City would be contemplating purchasing, and Mr. Fox stated this is not to be considered by Council and after the vacation the ownership will probably be disputed MINUTES - 7/21/75 - Continued -2- Mr. Robert Smith, applicant was present and sLated he did not want the property in Lakewood, and he is only asking for the half in Wheat Ridge. City Attornev Fox stated the question was if the property was vaca ted, would ~ he proper t I be in Lakewood if it passed to t he at her ~wner, and it would not be. Councllulan Howard asked the applicant lf he knew there was a possibility this land would be split in half with the adjoining property owner. Mr. Smith stated he could gel a statement from the other party stating he has no interest Ordinance No. 179 vacating the property in question was introduced by Councilman Hulsey and the title was read. Motion by Councilman Hulsey "I move for the approval of Ordinance f'o. 179 on first reading and ordered it published and posted." Motion was seconded by Councilman and passed 5-1 Councilman Turner voted "nay." Case Wz-75-o8 request by Windemere Warehouses Inc. for a final industrial development plan for property at 5101 Miller Street was scheduled for Public Hearing. Dennis Zwaqerman director of Community Development stated the Planning Commission and Planning Dept. recommend approval. The final plan is in compliance with the preliminary plan He stated Council can set a time limit for completion and he recommended 1 year. Councilmen Turner questioned what reverted after 1 year, and Mr. Zwagerman stated a rezoning of the land would be initiated, and that completion is defined that a Certificate of Occupancy is issued 1t was stated that the time limit could be extended. Applicant Jim Armstrong was present. No one appeared in opposition. Motion by COUncilman Merkl "I move for approval of Case WZ-75-o8 by Windermere Warehouses Inc., an application for final Industrial Development Plan at 5101 Miller Street, with the stipulation that a 1 year deadline be set for completion of the development, and that the approval is based upon the following reasons The Planning Deparf-menl recommends approval and it is in compliance with the Preliminary Development Plan." Motion was second~d by Co~ncilman Hulsey and passed 6-0. Request for approval of a variance of the subdivision regulations by Fotomat Corp. for property located at West 38 Avenue and Kipllng Street was scheduled. Den"ls Zwagerman scated the property is 20 I square and the request is to vary the subdivision regulations requirement that if more than 1 building is on a lot then it must be subdivided or made a Planned Commercial Development. The request is for a Fotomat building. The Planning Commission recommended approval. Clty Council has the authority to vary regulations. Mr. Zwagerman stated the site plan would be in order and that there would be no additional sale of land, but this would be a lease situation. Councilman Howard asked what kind of guidelines are being set up to vary the regulations and would this "be opening the door?" Mr. Zwagerman stated individual judgement on each case should be used. City Attornev Fox stated the size of the building etc. can be spelled out in the approval, and if it is not followed then a permit will not be issued. Councilman Turner questioned what the parking requirements of this business would be. La Jolla William Gardner of 7950 Fay Avenue, I CA representing the Fotomat Corp. stated the building ~ill be 17'~7Iwide, and there would be a traffic problem because their record~^ ewat a very goa! business has very limited traffic per hour. He asked if the application was granted tonight, would they be qualifying under the Ordinance or would they then have to go to the Board of Adjustment. City Attorney Fox stated, if approved, they would not have to go to the Board of Adjustment. MINUTES - 7/21/75 - Continued -3- ["lotion b\ uOlJflLilman Cavarra " r FIJI' Foto 8' LJ ,.1. wE ap 'OVL h 3. Site pIne: (l Co 8fJproved in conju 0.. .... tl, tt18 Oi "el , circulation, parking b. No permanent div~~~n ~ c. ~trL ~ 11 b~ n a ~ 'ove that the rlqu8s ths fol.n ; LO~ by Di _La G 1 f WtL. r S t Si te and building location. for t :'8 \. aT' c1 '" ~o 'u --Ii . 0.... ,Ent plan to ., -L :.:.;.......,;. f1 land. and passed 6-0. this case. It should _ .... ~er t ..,......1...... ia L L if th.. r." O"L t Mati-on was seconded by Councilman Merkl be noted no one appeared in opposition to D: n h CasL__7'___ _T V;Jl- aUo j w8ir rei vc.2.o' l!- iJL..n for prop -70 was sc~ ~_. "~ich! "'0' r1! lin:;: p~ 10::;:' I. _2 A,,! Q ennis ZL. '';', 'na, ,'... 1; ~o,. o...i " L roximit '~T_nr and the JWnOL o~r ng Cente" i) U'- in 1;- ;..::;ffic I", _n L I:;' cd fa '" Et 18 L _._ [ler' a:, eEl to the ""st. 2. A small convenience-oriented shopping plaza, as is proposed, would serve BS such a buffer as well as allDWing reasonable development of the land. 3. The staff feels the plan as presented is an excellent concept for the use of the land. 4. One area that could possibly not meet the requirements of the code is the 3 to 1 parking ratio at the 25% building coverage shown. However, this will be worked out at the preliminary development stage. " . '~ ~,1:. Applicant Dwaine Richter was present. Ron Hoisington, planning consultant for Thk & Assoc. explained the plan: 1. It is first of a three phase development plan. 2. They have considered the adjacent characteristics of the neighborhood and environment. 3. There are 5 basic areas of the plan which are A. Border perimemter of a 25' buffer with a specific use of a landscape buffer. r- ~: 'war, h ci wO h. B. 2 parcels which are identified as residential and will be kept residential Dr open space. C. (to Zinnia St) will have restriction on it allowing certain uses of Commercial-One property. Those not allowed are sup.-:rrr. j ets, LlJaT\~hout~es, large df:.jl~. stnrL~S, fi lin/] stations, :0 ~ 5 2' ju b~ 2rd~. -h_'8 will be a height 11 ta~ior nF 3~'. D. H~ J. ft:. f ont2Ge ",..0 il' ,.110i Cl I , , r lemir]_ "':''--l''- E. Northwest area I!Idjscent to th. bul"ru lons .n -L 0 " h :1.....; I_ n n U" , ~ t_, "'11 iJ __I"',g w 'j , _r'Oi_' Mr. HOiSinQ~On stated he is a resident of the adjacent neighborhood that the ma ority of the neighborhood is in unity with this proposed plan. He stated the parking ratio of 3 to 1 is difficult to work with becBuse they do not know the generation of traffic per each type of business and he recommended that the standard be changed to 4.2 cars per 1,000 sq. ft. of offices and 5.5 cers per 1,000 square feet graBS area as p scribed in the Urban Land Institute Commercial Builders Handbook. and high Councilan Howard questioned that W. 33 Ave. is shown to be closed and aSked if there was a dedication. Mr. Hoisington stated there is Bn existing dedicated roadway. Councilman HowBrd questioned if the 25' four berm with a 6' fence on it was legal under height requirements. Mr. Hoisington stated it. does not have any effect on properties abutting to the west of uJard, but 8$ one goes south a 25' or 3D' setback in Jefferson County, the height would have to drop down to 4211. foot Councilman Turner questioned deliveries in AreB C. restricted to 8 00 a.m. to 6 00 p.m. Mr. Hoisington stated they have restricted the hours and size of vehicles. Brunton of 13167 West 33 Avenue stated he is adjacent and Mr. Arthur F. MINUTES - 7/21/75 - Continued -4- contiguous property owner to the property in question and in the past the property owners in the Applewood area have been opposed to this development. He stated that they have met with Mr. Richter and the planpresente~onight has been a compromise on both sides and that the outline development plan is supported by the majority of the homeowners, although there are still some people opposed. He requested that Council approve the outline development plan without modification. His statement is attached to the Minutes. NO one appeared in opposition. Motion by Councilman Turner "I move that the outline development (planned comm. plan in Case Wz-74-18 be approved as presented." Motion was seconded by Councilman Donaldson and passed 6-0. Motion by Councilman Hulsey "I move that Item 3.A. (Ordinance No. 171 pertaining to rezoning of the annexed land owned by Dwaine Richter at 1-70 and W. 32 Avenue) be next on the Agenda." Motion was seconded by Councilman Turner and passed 6-0. Councilman Donaldson introduced Ordinence No. 171 on second reading and the title was read. Motion by Councilman Donaldson adopted and be ordered published by Councilman Cavarra and passed "I move that and posted.1I 6-0. Ordinance No. 171 be Motion was seconded Case WZ-75-06 a request by Charles & Ralph Deorio for a final planned residential development plan was deferred for a Planning Commission decision. Approval of an agreement between the City and William Woodcock who is a new owner of land at 4685 Balsam Street to continue a previous agreement which reclaimed a portion of swampy land for public use in return providing Mr. Woodcock with water for 'rrigating lawns and gardens at 4685 Balsam. The public use land 1s at Johnson Park. City Attornev Fox stated the agreement should be recorded. Motion by Councilman Turner III move that the agreement for consideration between the City of Wheat Ridge and H. William Woodcock regarding pumping of water be approved and the Clerk be directed to record it." Motion was seconded by Councilman Hulsey and passed 6-0. The question of whether standby pay was still in effect was clarified by Mr. Fox who stated that Ordinance No. 175 deleted standby duty but Ordinance No. 117 remains in effect which has stendby duty in it, and that eventually this section will be in the Rules and Regulations, and that it was not the intent of Council to remove stan~ pay. Motion by Councilman Merkl "I move that Mr. Malone be authorized to pay standby duty pending adoption of the RUES and Regulations.1I Motion was seconded by Councilman Hulsey and passed 6-0. a.solution No. 404 honoring Ted Erickson retiring postmaster of Wheat Ridge was introduced by Councilman Hulsey and was read. Motion by Councilman Donaldson "I move that Resolution No. 404 be adopted." Motion was seconded by Councilman Turner and passed 6-0. Councilman Turner requested thnt this be presBrted to Mr. F~lrkBol a~ the np ~ meetirl~. ir ~nance No. 1rk was introduced b ua" r;:;ad. 5 L" 0 _ ;L1ncc pertall reS ... .Jt:!( ~_...... +s Q :'o;....nr~ Li. 11r.1 to f'C r r +-0 :ot ar-'~~ ~llli +-hc J r'I'l1inrJi r n. 'at, -, i c ....;0 l-' .i. ;,Ll:. L' ations, governr"f --, " . ~~. _ L oirE L I' , J e IJ~ ~n I..,~ st-+ n laming into Wh L. rr:1i ts 31' . " ~ljO " J r n U,- ""l~. He r wDU1. 3J E Chamb8T> ''\ t nnJ " /75 - Con< ClJncilman cu:'n8_ stated that nothing indicates that the Planning Commission won't allow the use, and that the intent was to give some element approval to businesses llke the many uSld car lots that Bre springing up where service stations used to be Sen Loye stated he felt this was special legislation towards selected businesses. Councilman C~varra stated this was intended to be a c~npromise over Commercial Two restrictions. and to just take a closer look Councilman Merkl stated the City cannot stoc the used car lots under thg present law nOi Ben Lo~ recommended that w~en the master plan is complete it could serve as the guide. Councilman Haluard commented many used car lots have more "junkers" than running cars, and that repair shops look like junk yards. Dennis Zwagerman stated this is the primary reason for the proposed ordinance because the intensity cannot be controlled now. Motion by Councilman Cavarra, "I move for the adoption of Ordinance No. 180 and order it published and posted." Motion was seconded by Councilman Turner. Councilman Cavarra commented that the staff feels the ordinance is necessary and would like to give it a try. Question was called and MOTION TIED 3-3. Councilmen Donaldson, Hulsey and Merkl voted "nay." ORDINANCE NO. 180 DIED. Mayor Roesener stated the chair was requesting a short executive session on personnel matters. He invited the press and~partment heads etc. Contract agreement between centennial-bicentennial Colorado Commission and the City for the sod house restoration project was scheduled. Councilman Turner stated the application includes the relocation of Johnson Cabin., and that this was not is the proposal previously presented. Ward Horton stated this was on the original request to the P~s Commission in early October and was not in the $13,000 project for the sod house. He does not intend to move Johnson Cabin and that the contract does not need to be changed yet. He stated $500 was indicated for the move and felt this was unrealistic. Councilman Hulsev recommended using the $500 to help restore the cabin. Councilman Turner requested having the item referred to the Historical Society if it is ever planned to be moved. Councilman Hulsey stated it is a Parks Commission matter and the cabin wasn't at Johnson Park originally. Ward Horton stated it would be a Council decision. Matton by Councilman Hulsey "I move we authorize the Mayor to sign a contract with the Colorado Centennial 8icentennial Commission and the City of Wheat Ridgaifor the sod house project) in the grant amount of $13,100." Hatton was seconded by Councilman Donaldson and passed 6-0. Mr. Jerman gave a reminder of the July 22, 1975 8udget Hearing. Mation by Councilman Hulsey "I move we authorize Richard Andrews, Director of Administrative Services to attend the National IPMA Conference in Anaheim, CA from 10/19/75 to 10/23/75 to be charged to Account 417.16." Motion was sconded by Councilman Merkl and passed 6-0. Mr. Jerman asked permission to enter the All America City Competition for 1976. This is sponsored by the National League of Cities and there is a closing date of 9/15/75. Councilmen Cavarra and Turner questioned how much staff time etc. and what is involved. Mayor Roesener directed him to proceed with the application. Mr. Jerman gave the Revenue Report for June 1975. He stated tne revenue is under estimated by ~101,415. He stated the City has also limited expenditure. Mr. Jerman stated the City had received notification from the Colorado State Dept. of Highways on the award of bid for the signalization for W. 44 Ave. Urban Systems Traffic Project. Thp. low bid was Dial Electric which was $34,000.~~ belQw the engin~er's original estimate which showed the value of bidding. Councilman C varra commented that it was too bad that the original project had been reduced for fear the cost was too hi,gh. (The $34,000 savings does no~ include engineering fees and contingencies.) MINUTES - 7/21/75 - Continued -6- Councilman Hulsey questioned why no one from the City was at the award conference. Mr. Jerman displayed a full page ad that the City in the Sentinel for ~260 for the Carnation issue. had been customary in the past for the City to buy could purchase He stated it this. Motion by Councilman Merk; "I move we authorize Mr. Jerman to purchase a full page ad (in the Sentinel) not to exceed $260 to be chrged to Account 410.56." Motion wa,.; l" ,1- C'Junc~ [Jq 1d.. I c;_ l "...1-,lr " -~ IF) t ..l II .....-. 11 ""'.. Jerm.. : rOOi e r ef of Pol re ~ou~ all u r-: r 3 ~.;,;t afro Ll S ;oi, ~ I d enol ~ n O)_I-'r. i ~ to \--;mo ~... staterj L J' ,-.~ n HL " lip .:.~~: .:] .L j In I.l il Hnr -, q C i. '3 'll, noi:-, i--3~ '~OlJr.... 1 t',_!. ~Ol a ~L ii: ~, L .." f' 'flH" .0 .Olt, , I , , r , r I (1 0 ,j on - , 8 c - -\ J.., j' or L 1 ] ,.' ,.- J-O ;e- ns fm bu ~ !:' '" r p ] n ~,j c: 1,_. Co I iL-- - "1 r ..l.. I].~ D c ~tto )< :1 ;;:1 c ,.. a., ~ interpr"tc- " L .!.. ask' r ( E.- " " .... i-I or! ,.,>1 C '3 t-tq o '1 ,~ .., J I , _ c request<. r c tion ] from the ci ti - 1 be cancelled (due to be a Study Session." 6-0. ,0 9/1/75 Labor Day Holiday) and that the meeting of 9/8/75 Motion was seconded by Councilman Merkl and passed Councilman Howard requested that the City Attorney prepare an ordinance allowing statutory cities to allow the question of the Clerk and Treasurer to be appointed to be placed on the ballot. City Attorney Fox stated he would prepare an ordinance. Motion by Councilman Merkl: "I move that an ordinance be prepared for the (1%) sales tax and I'd like to request that an exten8ion (of time for the certification of the mill levy until after the election) be made to the Division of Local Governments." Motion was seconded by Councilman Hulsey and passed 6-0. Councilman Cavarra stated she felt a program of where the sales tax money would be spent would b~ needed, and that the program should be more balanced. Motion by Councilman Merkl: "I move that William G. Baldry ~. be appointed to the Personnel Committee." Motion was seconded by Councilman Hulsey and passed 6-0. A reply from the Build Cade Advisory Board regarding an ordinance amending Ordinance No. 84 allowing special contBctor's licenses and recommending that it not be passed was next on the agenda. Council agreed to drop the ordinance. Councilman Turner stated there was a beer license enforcement hearing in Arvada. Meeting was adjourned at 10 50 p.m. ,I ('" ~ { , Ei~ 8r'Dugh-~'1'Ir; 'Crty I L 'f b~ An Executive Session was held afterwaras. APPROVED ARTHUR F BRUNTON, Geologist 13167 West 33rd Avenue, Golden, Colorado 80401 (303) 279-5744 MINUTES - 7/21/75 - Continued - Page 7. July 21, 1975 TO Wheat Ridge City Council RE Richter Annexation Outline Development Plan Mr Mayor, Members of the Council My name is Arthur F Brunton, and I reside at 13167 West 33rd Avenue adjacent to and contiguous with the captioned annexed property I wish to make a statement on my own behalf, and on behalf of the other homeowners in Applewood Gardens As you know, the homeowners in Applewood Gardens have successfully opposed commercial development on the annexed tract for a protracted period of time, principally because we did not think that there were sufficient safe- guards in the form of buffers and amenities in the plans previously presented Also, as you may know, we, or our designated representatives, have had some very productive discussions with Mr Richter recently The city ordinance before you tonight, and the Outline Development Plan embodied therein and attached hereto as part of this statement, is the result of those discussions and the compromises made on both sides That this compromlse was possible is of significance because it evinces what can be accomplished when there is sufficient time allowed for discussion It should be noted that this Outline Development Plan was supported by a majority of the contiguous homeowners, but is still opposed by some For this reason, please con- sider that this Outline Development Plan lS a compromise and Wheat Ridge City Council July 21, 1975 Page 2 MINUTES - 7/21/75 - Continued - Page 8. that each and every concession made by Mr Richter has independent significance to the homeowners; and that without all of the concessions, the homeowners would not have supported this compromise We, therefore, sincerely hope that Council will approve the attached Outline Development Plan without modification, and will not, ln the future, give serious consideration to any proposed changes in the Plan Thank you {lfA~ Ar~ton