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HomeMy WebLinkAbout07/26/1976 MINUTES July 26, 1975 The three hundred and thirl,y-second regular meeting of the Wheat Ridge City Council was called to order by Mayor Frank Stites at 7 00 p.m. at 4355 Field Street. Councilmen present were Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Also present were Director of Administrative Services Rich Andrews, City Attorney Maurice Fox, City Clerk Elise Brougham, staff and interested citizens. City Administrator John Jerman was absent. There being no corrections or deletions t.o the Minutes of July 12, 1975 and July 19, 1975, t,he Mayor declared they stood approved as written. Public Comment was made by Don Couch of 2950 Kendall who turned in petitions with 909 signatures calling for an election on Home Rule. He also had a stat,ement from the County Clerk verifying that there were 15,573 registered voters in the City of Wheat Ridge as of 7/25/75. The petitions were turned in to the City Clerk. Ernestine Williams of 11100 W. 38 Avenue read a letter protesting irrigation water on Brookside Ditch that had been turned off by the State which had been caused by a complaint by the City because the water was eroding W. 38 Ave. She stated the City should clean out this drainage ditch on the ROW . Mr. Roy D. Combs of 3815 Robb Street read two letters. One was from Louise Turner to the Secretary of the Ditch Company stating that the Director of Public Works Clyde Hobbs knew who to contact regarding ownership of the ditch and one from the Secretary of the Ditch Company, Mr. Robert Olson criticizing the City for contacting the State for a problem on city streets. He requested this be placed on a future Agenda. Nancy Snow of 11155 W. 40 Avenue read a letter stating that Mr. Hobbs knew who to contact regarding the ownership of the ditch, and that he had been asked to correct the drainage problems caused by smashed culverts etc. Elizabeth Ramsey verified that she had been present when Mrs. Snow had talked to Mr. Hobbs on the above matters. Several Councilmen requested that an investigation be done and this be placed on the August 9th Agenda. Mayor Stites stated a report would be given to each Councilman, and if they requested a hearing the Chief of Water Resources for the State would be present. Councilman Cavarra stated there are 2 questions involved The order to turn off the water is between the ditch and the State, but also there was the question of propriety of the City's action. Council agreed to have a Public Hearing. The City Teasurer's Financial report for the month of June 1975 was deferred at the request of the City Treasurer. Item 2. was Ordinance No. 215 which was introduced by Councilman Cavarra which amended Ordinance No. 151 by establishing new permit fees for construction etc. The title was read. Motion by Councilman Cavarra "I move that Ordinance No. 215 be approved on first reading." Motion was seconded by Councilman Merkl and passed 5-0. Councilman Cavarra voted "aye", Councilman Donaldson voted "aye", Councilman Howard voted "aye", Councilman Hulsey voted "aye", Councilman Merkl voted "aye" and Councilman Turner voted "aye.'1 Item 3. was Ordinance No. 215 on second reading which repealed Ordinance No.2 and imposed m occupation tax on telephone utility companies. The Ordinance was introduced by Councilman Donaldson on second reading and the title was read. MINUTES - 7/25/75 - Continued -2- Motion by Councilman Dnaldson "I move for the adoption of Ordinance No. 215 on second reading." Motion was seconded by Councilman Turner and passed 5-0. Councilman Donaldson voted "aye", Councilman Howard vo~ed "aye", Councilman Hulsey voted "aye", Councilman Merkl voted "aye", Councilman Turner voted "aye", and Councilman Cavarra voted "aye." Item 4 was award of bid for a salt mixture for the 1976-77 winter season. Motio~ by Councilman Merkl "I move that the lowest and best bid be awarded to Mobile Pre-Mix at 1500 West 12th Avenue, Denver Colorado for Squeege 7% salt mix (1975-77) at a cost not to exceed $2.55 per ton to be charged to Account 450 21." Motion was seconded by Councilman Donaldson and passed 5-0. Item 5. was approval to purchase 5 new compact vehicles for the City fleet Motion by Councilman Merkl "I move that the City Administrator be directed to purchase six compact vehicles, 3 vehicles to be Ford products and 3 vehicles to be General Motors Co. products, at a price not to exceed $3,300.00 per vehicle for a total cost of $19,800.00 to be taken from Account No. 745.00 General Revenue Sharing, Unallocated. I further move the City dispose of 5 vehicles that we have in the present fleet." Motion was seconded by Councilman Hulsey and passed 5-1. Councilman Howard voted "nay." Item 5. & 7. were approval of 3.2% package beer licenses. Motion by Councilman Turner of the 3 2 beer license for by Councilman Donaldson and "I move that Chisum's Super passed 5-0 Council approve the renewal Market." Motion was seconded Motion by Councilman Hulsey "I move that Council approve the renewal of the 3.2 beer license for Wheat Ridge Ranch Market." Motion was seconded by Councilman Donaldson and passed 5-0. It,em 8. was a Public Hearing for the Comprehensive Plan for the City of Wheat Ridge. Dennis Zwaqerman, Director of Community Development gave a complete presentation on the plan. He gave a presentation on t,he theme for Wheat Ridge, he read the Minutes of the Planning Commission and their Motions to amend the Plan. He ~ated the land use policy calls for protection of single family homes. There are 3 commercial centers planned 38-44 Ave on Wadsworth, W. 44 Ave. & Kipling and W 32 Ave. and Voungfield. Tom Lam of the Planning Department gave statistical data on the plan. Robert Leiqh of Leigh & Assoc. gave a presentation on the transportation plan. He had been hired to study the design of the following streets W. 44 Ave., W. 38 Ave., W 32 Ave., Voungfield, Pierce, Harlan and Garrison. Gus Byram of Oblinger Smith gave a presentation on the economic base study which his firm had been hired to do. The study concluded Wheat Ridge was not geting its fair share of economic activity especially in the area of shopping goods. Public Comment was made by Amos Leaf of 2835 Chase Street stated he wanted approximately 200' on W. 29 Ave. from Ames to Fenton to remain commercially zoned as it presently is. IThe Land Use Plan showed it as low density residential.) Jim Homberqer of 5509 W. 25 Avenue stated he wanted a letter from Council stating that his zoning would remain the same which is Residential-Three. (The Land Use Plan showed low density residential). Norma Blazer of 2825 Eaton stated she had the same request as Mr. Homberger and that she had been one of 17 residents who had gone to court on a mass low density rezoning in her area and the Court had ruled that the 17~operty owners could retain their present zoning. City Attorney Fox stated adoptin~ of the Land Use Plan does not change any zoning It is a guide for future rezoning. Mr. Zwaqerman agreed and stated the next logical step would be to revise t,he present zoning map and subdivision regulations etc. Councilman Hulsey expressed concern that if the Land Use Plan was adopted that it would obligate the Council to change certain zonings in the City and he was opposed to this. MINUTES - 7/25/75 - Continued -3- Dou~al Graham of 3330 Chas8 5treet stated concern that there was no land designated for agricultural use and op8n space and also qU8stioned how a theme could be legislated. Ivan Hahn of 4900 Robb stated h8 was opposed to the Land Use Plan due to the fact the land in the vicinity of Robb and Miller was designated industrial and he wanted it to remain agricultural which it presently is. He stated the Land Use Plan should not be used as a weapon to make people conform 1,0 it, but it should be used as a reference. Gerald Burney of 10550 W. 48 Avenue stated he did not think the Land Use Plan needed to be revised every 4 or 5 years and wanted Council to specify that the zoning map will not change anybodys existing zoning. David Sebern of 2925 Depew represented the Chamber of Commerce Comprehensive Plan Task Force and stated they had some reservations about the plan such as it called for a great deal of improvements which would be a burden on the businessman and encourage him to settle outside of Wheat Ridge. He felt the economic study was not thorough enough and that the ratio of multi-family dwellings was too low, and that development of a shopping center was out of reach for the small businessman. Jeanne Merkl of 3891 Estes stated she would like to see the City enter into a working program with the Chamber to create a viable business area. She stated the people of Wheat Ridge need to have security in knowing what to expect in the future. The Chair called for comments and questions from the Council. Motion by Councilman Turner "I move on Page 7. No.4 under Goals and Objectives for Transportation by inserting after 'By widening streets only when necessary,' the following phrase 'meaning when they can't carry the existing traffic load.'. Motion was seconded by Councilman Cavarra and WAS DEFEATED 4-2. Councilmen Donaldson, Howard, Hulsey, and Merkl voted "nay." Motion by Councilman Cavarra "I move that a supplemental street design using a minimum street width and curb and gutter for light residential street be developed and incorporated into the plan." Motion was seconded by Councilman Turner and WAS DEFEATED 4-2. Councilmen Donaldson, Howard, Hulsey and Merkl voted "nay." The Mayor stated that each section of the Comprehensive Plan should be voted on separately. Goals & Objectives Motion by Councilman Cavarra "I move that the goals and objectives be approved as written and that a citizens' committee be appointed to expand on the theme and refine it as necessary, to be incorporct8d into the Comprehensive Plan at a later time." Motion was seconded by Councilman Merkl and passed 5-1. Councilman Howard voted "nay." Population Motion by Councilman Merkl "I move the population study part of the Comprehensive Development Plan of the City of Wheat Ridge be approved." Motion was seconded by Councilman Cavarra and passed 5-1. Councilman Hulsey voted "nay." Land Use Motion by Councilman Turner "I move that regarding the area East of Tabor to Parfet and down to the industrial development and excluding it to I-70 North to the city limits on Parfet, that the portion that is agriculturally or residentially zoned and in one of those uses be returned to agricultural or low density residential on the Land Use Plan." Motion was seconded by Councilman Cavarra and WAS DEFEATED 4-2. Councilmen Hulsey, Merkl, Donaldson and Howard voted "nay." MINUTES - 7/25/75 - Continued -4- Motion by Councilman Merkl "I move we portion of the Comprehensive Plan for 2 by Councilman Donaldson and passed 5-1 table the Future Land Use Plan weeks" Motion was seconded Councilman Turner voted "nay." Transportation Motion by Councilman Hulsey "I move to adopt the standards into the Transportation Section of the Comprehensive Plan of street widths that were adopted by Resolution No. 405 previously." Motion was seconded by Councilman Donaldson and TIED 3-3. Councilmen Turner, Cavarra and Merkl voted "nay." Mayor Stites voted "Ci e" and Motion PASSED 4-3. Motion by Councilman Cavarra "I move we adopt that portion of the bikepath along Lena Gulch in conformance with Figure 3 on Page 18. which shows the path ending in the vicinity of W. 35 Avenue and Union." Motion was seconded by Councilman Turner. Motion to Amend by Councilman Merkl of the rest of the bikeway plan to be was seconded by Councilman Turner and "I move we include the used just as a guide." passed 5-0. adoption Motion Question was called on Amended Motion by Councilman Cavarra and passed 5-0. Ecornrric Base Motion by Councilman Howard "I move we accept the economic base report." Motion was seconded by Councilman Hulsey and passed 5-1. Councilman Turner voted "nay " Public Facilities Motion by Councilman Merkl "I move the Public Facility section of the Comprehensive Plan be adopted." Motion was seconded by Councilman Donaldson and passed 4-2. Councilmen Hulsey and Turner voted "nay" expressing concern on consolidation of the fire and water districts. Item 9. was a report of Ben Chastain, Temporary Sales Tax Inspector on the amount of delinquent taxes collected. He stated the job was not completed to date, but he had been authorized to work through August 1st only. Motion by Councilman Merkl "I move we extend the part-time position of Tax Inspector until December 31, 1975." Motion was seconded by Councilman Donaldson and passed 5-0. City Attorney Fox reported that the purchase of the Hayward property for park purposes at W. 29 Ave. and Wadsworth had not been settled yet as there had been a third party offering and additional appraisals and Mr. Hayward was prepared to sell the property for $218,000 instead of $207,500 and he would donate the house and improvements valued at $12,500. Motion by Councilman Merkl "I move we authorize the Mayor to sign a contract on the Hayward property at a purchase price of $218,000.00." Motion was seconded by Councilman Donaldson and passed 4-2. Councilmen Turner and CEvarra voted "nay." Mayor Stites thanked the planning staff for their work on the Comprehensive Plan. The Planning Commission was also acknowledged. Mavor Stites stated there was a meeting on 911 on August 3, 1975 at 7 00 a m. at the County Commissioners meeting room. Item 10. was appointment of an expired term on the Civil Service Commission. Motion by Councilman Turner "I move for the reappointment of Mr. Edwin Hester." Motion was seconded by Councilman Merkl and passed 5-0. Meeting was adjourned at 12 15 a.m. A~RnVED Elise Brougham, City Clerk