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HomeMy WebLinkAbout05/17/1976 MINUTES May 17, 1976 The three hundred and twenty-seventh regular meeting of the Wheat Ridge Cii'y Council was called to order by Mayor Frank Stites at 7 30 p.m. at 4355 Field Street. Councilmen present were as follows Mary Jo Cavarra, Joseph Donaldson, Calvin Hulsey, Robert Howard, Larry Merkl and Louise Turner. Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Elise Brougham, staff and interested citizens. Mayor Stites asked for corrections or deletions to the Minutes. There being none, he declared that the Minutes of May 5, 1976 and April 26, 1976 stand approved as printed. Council adjourned for a brief period to inspect the new Code-a-phone recording system as demonstrated by the company's representatives. Public Comment was made by John Opie of 10235 W. 33 Avenue who objected to the widening of W 38 Ave. and the terminology that had been used such as "straightening out jogs." He sta~ed the City needs to have a close watch on its activities and it needs citizens to monitor it. He also objected to the City's use of federal funds and stated in the end the taxpayer pays for all these funds. Ed Jenninqs of 2950 5. Fox St., Englewood requested a rehearing of Case WZ-76-o5 which had been denied last ~eek because there had been a misunderstanding between the propert~wQnE the Planning Dept. and himself as to whether or not he needed to appear because the drainage plan was not approved and consequently the case should have been con- tinued. He stated he would like to present testimony on the concept and design and the landscaping and drainage problem had been resolved. Council felt that the concept had been turned down and that no further action should be taken. Councilman Turner requested in the future that an incomplete plan not be heard at the Planning Commission level or at City Council. Mavor-Stites agreed. Item 1. Motion by Councilman Merkl "I move that the 3.2 beer license for the Wheat Ridge KWIK Stop at 10390 W. 38 Avenue be renewed." Motion was seconded by Councilman Turner and passed 5-0. Item 2. was a remodeling request for Ramada Inn which has a Class G 3-way liquor license. Licensee Johnny Green was present. Motion by Councilman Turner "I move Council approve the remodeling of the stage area of the Ramada Inn Lounge at the Ramada Inn 1-70 West, 10101 1-70 West Service Road North." Motion was seconded by Councilman Donaldson and passed 6-0. (WZ-75-o5)Item 3. was Application by Ralph Deorio, Charles Deorio, Dennis and Ethel Dick, Bill Armstrong & Irwin Armstrong requesting approval of rezoning from Agricultural-One and Agricultural -Two to Commercial One at 11900, 11930 and 12000 W. 44 Avenue. In conjunction with this application was a request for approval of a subdivision (Preliminary Plan) by Mobile Premix Concrete Inc. which was Item 4. (WS-75-o1) and Item 5. which~s an application by Pre-Mix Concrete Inc. for approval of a permit to extract non-metallic mineral resources from the area in question, (Case WE-76-o1.) The land was proposed to be subdivided into 5 lots. Lots 1,2 and 3 were involved in the rezoning request, Lot 4 was to be mined and Lot 5 was at the end of ~4. It was stated the ROW on all three lots was 60'. extended . It was questioned if the area to be mined should be to lnclude Lots 1 2 and 3 under the auspices of HB 1529. City Attornev Fox eviden~e must be given that it can not be mined or is under the acreage requirement Mr. Zwaqerman stated the area is is conformance with the City's Master Plan for gravel extraction. MINUTES - 5/17/75 - Continued -2- It was stated that when the lot 4 was mined it would extend the lake at Prospect Park and the irrigation ditch in the vicinity would run around the lake. Mr. Birch Boothbe, 1500 W. 12 Avenue, Denver stated he represented Mobil Premix Sand & Gravel. He stated the lake would be extended approximately 5 acres and "hat they have worked with Coors who is willing ~o extend their lease to the City. He stated he felt it would be too costly to mine for gravel north on the land to be rezoned, and as one goes north the gravel deposit becomes shallower. He stated they plan to start after November and it would not be commercially feasible to reclaim the land. Mr. Ed Jenninqs, engineer explained the history of the early subdivision in the area which made the frontage uneven. He stated the extention of the irrigation ditch could not be extended farther north if this area was to be mined but that extended as shown would in his opinion carry water satisfactorily. He stated !he ditch will be extended an add- itional 540'. Speakinq in Opposition were Mr. Robert Rock, 4300 Tabor who was President of the Lee and Baugh Ditch which was the ditch being extended stated he was concerned that the ditch would flow because there was much sand in the area and it was being extended and 5 curves were being added to the ditch. He read a statement of certain requirements and assurances the ditch com!l~nv wanted to be made before the project was approved. The statement is attached to the Minutes. Citv Attornev Fox stated the ditch company has easements rights which can not be destroyed and this has to be worked out with the company and the developer, and recommended no extractlon permits be given by the City until this problem is resolved. Henrv Kirshner of 11800 W. 44 Avenue stated his property adjoined the area to be mined and felt access to his back property might be blocked and he feared losing his well water also. Bill Summers of 4425 Tabor expressed concern over his well also. Warren Cruz of Brannan Sand & Gravel stated the water level on the west lake was strictly under the control of Coors but they would never drain the lake. He stated he felt the wells would not be affected and that his company constantly monitors the surrounding wells and rectifies any problems which are caused by their project. Councilman Turner asked for an Executive Session to discuss this matter. Council adjourned into an executive session and then reconvened. Motion by Councilman Turner "I move the plan for extraction be approved subject to two provisions 1. The property be reclaimed in accordance with the filling provisions of Ordinance No. 98. 2. That no permit be issued prior to a signed agreement between Lee & Baugh Ditch Co. and Mobil Premix." Motion was seconded by Councilman Merkl and was DEFEATED 5-1. Councilmen Howard, Hulsey, Merkl, Cavarra and Donaldson all voted "nay." Motion by Councilman Merkl "I move for the approval for extraction permit for non-metallic mineral resources to be issued to Pre-mix Concrete. The permit is not to be issued until a proper agreement is drawn up between the Lee and Baugh Ditch Co. and Premix Concrete pertaining to relocation of the ditch." Motion was seconded by Councilman Donaldson and passed 5-0. MINUTES - 5/17/76 - Continued -3- Mo Lion by Cowncilmall Merkl "I move for approval of Case WZ-75-05 located at 11900, 11930 and 12000 W. 44 Avenue, a rezoning request. from Agricultural-One and Agricultural-Two 1.0 Commercial-One for the following reasons 1 It was recommended by the Planning Department and Planning Commission." Motion was seconded by Councilman Hulsey and passed 4-2. Councilman Turner voted "nay" and Councilman Cavarra voted "Nay' stating she felt it was in violation of HB 1529 and the land does have gravel on it Motion by Councilman Merkl "I move for approval of Case WS-75-o1 a Preliminary Plat for a subdivision located at 11900, 1193U and 12000 W. 44 Avenue for the following reasons 1. It was recommended by the Planning Commission and the Community Development Dept. 2. The Preliminary Plan meets the requirements of the subdivision regulations." Motion was seconded by Councilman Donaldson and passed 5-0. Item 6. Case WV-76-o1 was application by Roger Loecher requesting approval of a vacation of a roadway dedication for property located at approximately 5800 W. 44 Avenue. Mr. Hobbs, Director of Public Works stated the ROW on Fenton was over 50' and that the Wheat Ridge Water District would have a meter on private land if this vacation was approved. Ivan Jones of 1530 E. Orchard Road stated he had been the original owner of the property and stated when he sold the property he did not know there had been a technicality in the conveying of the land to the County in the past, and all this vacation was to do was to clear that matter up. Item 7 was Ordinance No. 213 which vacated the roadway at 5800 W. 44 Ave (Case WV-75-o1) was introduced by Councilman Merkl and the ti tIe was read. Motion by Councilman Merkl "I move for the adoption of Ordinance No. 213 on first reading and order it published in the Denver Post." Motion was seconded by Councilman Hulsey. Mayor Stites asked for clarification on this motion since the City had established policy to publish legals in the Sentinel, and City Attorney Fox stated the law for publication is designed to allow the public proper notice, but he stated he felt it was not a good policy to switch back and forth in various newspapers because the public would not be sure where to look . Motion to Amend by Councilman Cavarra "I move Ordinance No. 213 be published in the Sentinel." Motion was seconded by Councilman Turner and passed 5-1. Councilman Merkl voted "nay." Question was called on Amended Motion to pass Ordinance No. 213 on first reading and passed 5-0. Councilman Donaldson voted "aye", Councilman Howard voted "aye", Councilman Hulsey voted "aye', Councilman Merkl voted "aye", Councilman Turner voted "aye", and Councilman Cavarra voted "aye'. Item 8. was award of bid for six overhead enclosed police emergency lights and siren systems for the police cars. Councilmen Hulsey and Merkl stated earlier discussion on this matter had been to look into the possibility of buying new brackets to utilize the old lights on the new cars. Motion by Councilman Turner "I move to table this matter until the price of brackets and the feaSibility of using them is looked into." Motion was seconded by Councilman Donaldson and passed 4-2 Councilmen Howard and Merkl voted "nay." Meeting was adjourned at 10 15 p.m. MINUTES 5/17/76 - Continued -4- STUDY SESSION Item 1 was a Rssolution affirming the implementation of DRCOG Regional Housing Plan. Mr. Dave Chote was present from DRCOG and gave a brief summary of the plan which had been distributed. He stated in 1973 local governments agreed there was a need for low and moderate housing. He stated Wheat Ridge was scheduled for 579 units based on the 1970 census. He stated the proposed resolution was the same type that other municipalities had approved. Item 2. was Resolution granting authority to Jefferson County Housing Authority to act in Wheat Ridge. Gene Fortier, Jefferson County Housing authority Coordinator was present. He stated the federal program through HUD requires a housing authority. The program involves new construction, major rehabilitation and rent subsidies. It was pointed out the City of Wheat Ridge would still have control within its boundaries through land use control Council agreed to place both resolutions on the Agenda for 5/24/75. Mr. David Austin of KKNBA was present to explain their cost estimates of several drainage projects. They are as follows 1. RW-76-2A - W. 48 Ave. & Pierce - $80,000 2 PW-76-2B - W. 35 Ave. & Marshall - $130,000. He stated if the City waited until the Harlan Street Drainage Project was done the cost would be $80,000 for this project. 3. W. 34 Pl. & Teller - PW-76-2C _ $60,000. It was noted these costs would exceed the money budgeted for these areas, and Council discussed the possibility of using some money budgeted for Lena Gulch this year and in next year's budget there would be a proportionately larger sum for Lena Gulch so that a meaningful project could be accomplished. Council agreed to place the 3 drainage projects on the Agenda of 5/24/76 for action Item 3. was discussion of non-conforming businesses. Mr. Zwagerman stated some citizens had complained that when a non-conforming use moves out under the present law, another similar less intense use could be put in the same location. It was suggested to change the law to allow only identical non-conforming uses in the same area Mr. Zwagerman also stated he would like to change the law as to what extent a person can remodel a non-conforming building and not allow a whole new structure to be built An ordinance is to be prepared on these changes and brought before Council Item 4. was a report regarding the Civil Defense Coordinator's duties and location in time of emergency. A letter had been received from the Jefferson County Dept. of Emergency Preparedness staung the Civil Defense Coordinator does not have to be in the Communication Equipment Room at the County unless they wish to coordinate their efforts with other agencies. It was agreed to place the appointment of Mr. Hobbs as the coordinator and discussion of the Civil Defense Plan on the 5/24/75 Agenda. Item 5. was discussion on the list of all vehicles owned by the City and recommendation for consolidation of use and disposal of obsolete vehicles. Mr. Jerman gave a total of 11 vehicles which had been agreed at the staff meeting to be disposed of. This included 2 motorcycles and a sweeper. Councilman Cavarra stated that she had wanted vehicles to be eliminated that are being driven by some employees using little mileage and that they could drive their own cars and receive mileage payments for city business. Councilman Howard asked why some vehicles listed fair were being gotten rid of while some vehicles listed as poor were being kept. Councilman Merkl requested a revised list for 6/7/75 which lists the cars and the person who uses them and what the car is used for so that Council could reduce the fleet. Item 5. was recommendation by Mr. Jerman that the City allow employees to participate in a Heart Screen Program at a cos~ of $20 to each employee The only cost to the City would be time off from work. Council agreed to this Councilman Howard recommended that the Personnel Commission look into the the possibility of having yearly examinations for all employees. Meeting was adjourned at 11 50 p.m APPROVED .' ',A 'II?? .jjf., "3 Elise Brougham, Ci i'y Clerk 1 L. { If.... ! MINUTES - 5/17/76 - Continued - Page 5. "ullovll,n'7 iH'C; 'e olution j'jlCh arc to 1)( )I~ ~d. tni'o] c uhe 1,8(, onci L 111 h :litcl, ,Jill rrant :lorrdis ion fo j', orn] ['re, ix or tllelr succes ~or3 to relocate one 2dd (m0: her ap~ro=cimBtcly 7~0 linenl feet to the existinr cone ete lined ~itct ~nd ~7ren to m~intenance of :3 Ime j . ,!( lOI~ II,ion (~O;jY ;11 ILl 1;lll,r l,iJl Dr' \' JA' Jill] I 11), II (;it, IJ rnuiIll,citWn( I In].1 ill) or I,hHir ~ucceB80r oJ' j- lie n ( C r I) , I ( u" ' ! II i I : I /leer! l.ir1d 01 W!I 1(11 III wit'lJ (),lo'IUlI, wlcll~ll '1'1 IJI'ovidcd by l"iohil 1,1'< hj,'; a neco S~lT'Y 1J. [Iha new ditch ,hall b0 in oper'ltioD foT' I TJe 0'1 01 It, l.(llwL th; ['tl! ('i()) '1:J:yn dllrl,W lilll i 11'11 I \ 1 r I, I n I; j 1 Ii! (I' i "Ii : \ () Il () II, I), I 1>1 'J I) t I' I 'I 1 ! i I Ijlch will 11(1 d(lIlulinhl)d "'CUote the purposE: -Lor tlll::; i; to U ;l1I'r~ t;l)(' l,ee and Bc:mrh DitCil users thrlt th8 new concrl l;c lined ditch will c"rry the wntor in 181tis- f8.ctory mrcnneI' to all w8,ter users in'TolvGc1 and will meet the approval of ]pc anJ lauph litch insprction. III. CLlh It it be establisher] at this time ,rho assume perpetual responsibilit'<r roc thr ]iortion of the JJeG and .R u0'11 i1'1"'i 'ltion 'j II TIP,! liilr h. (lne of the main concerns of I,ee and J'r 11 h !itch is thAt the appro imetel 750 fe0t 01 existing 1itch involved is now in rood workir' condition 2nd prlctically B trouble free ditch. ] r rend when Tohil Irel'ix or their succes 0 I'clocr~te3 and ado s ,mother J.pproxime Lol 750 fcr..Jt of lenr;th plus five curves, the Dr'" ,1 iLcJ , :li th thG add ed lenr;th and. curve s, vlil1 10' ~ )'c flo\., of ""ter to ,;here it could concpivflbld C 11: 8 ] ot or rln,; and (odimr:ntl 0 cl i,:I I; J It I ]11 Ii itch wlddl coul d J'ur-tll c]' 1.01 I j, vJ I, ['101'1 till! LI'8 t,,, Jllore mnjnLI n TW( [lr'nl':lr II , c] ('I 11'1 In', etc. I if the new ditch is Guilt in the off ir iraL~nn ;,l. !~I)n, I;lhen its efFectiJcnc::;'i I;liIl not lw Jill j-o 1 tecotod, r obil IreLix be rccluircc1 1'0 po L lO(J,C)OI;.(.() bond i:r.. tnp TIml( of Ice rnd 'I ,Ii !-to}, to 1:'" lyre i tC1 11.. (;1.'S ,3ecm'il' 0', 111I,i1]'[;e s i f cl'orYI'erfOJrn~n(( 0 ih,' n[1 Jj Lcb. ] ()C U"1 1. l1["b !j h J Be 1 Ji L,j1 ---- J) lte J ,( C III 1 ."",,,-~~ -~_." -~ ~ MINUTES - 5/10/75 - Continued - Page 6. <n UJ ~ UJ .n V ) .... a; i :c lol >< ... w ~ (>.J- ".. 1.S 880~ ~ o o .... o o ~ w ;:) Z lLJ ~ .s:: -.... .... I- Ul w :;: .' c::: - - --= -.J JI t . I ~ w ::<: <l ...J > a: <l ;:) l- oU ~~ o:lUl a 9L t 01 j.\1~ / ..,-, 1N311 vm! o o C'I ~ ~ o LL c w :c C/} ...... ~ , -- IJ..