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.
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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
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