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HomeMy WebLinkAbout08/30/1976 MINUTES August 30, 1975 The three hundred and thirty-fifth regular meeting of the City Council was called to order by Mayor Frank Stites at at 4355 Field Street. Wheat Ridge 7 30 p.m. Councilmen present were Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Also present were City Administrator John Jerman, City Attorney Maurice Fox, City Clerk Elise Brougham, staff and interested citizens. There being no correction or additions to the Minutes of August 23, 1976 the Mayor declared they stood approved. Public Comment was made by Alan Quick of 3423 Simms who represented the Lena Gulch Task Force and stated they objected to the delay on the drainage plan on Lena Gulch. He passed out an article that had appeared in the Denver Post on August 5th stating that metro-Denver was not immune from flooding. He stated he felt the diversion of city money budgeted for Lena Gulch this year put the citizens in the area in potential danger and that he felt a minimum amount had been spent on Lena Gulch this year. He asked Council if the citizens present could ask the Urban Drainage Representatives who would be present under the Study Session item questions. Council agreed that they could ask questions. Clyde Young of 4350 Tabor sta+ed he wanted to commend Ruth Howard on the good job she was doing in the City's probation department. Item 1. Motion by Councilman Cavarra "I move that Council approve the renewal of the Class J 3.2 beer retail license for Nanonal Tea Co. dba as the Mark N Bag 5tore at 7340 W. 44 Avenue." Motion was seconded by Councilman Donaldson and passed 5-0. Item 2. was Case WZ-75-15 an application by George Leman for rezoning property from Restricted-Commercial-One to Restricted-Commercial at W. 44 Avenue and Pierce St. (5700 w. 44 Avenue.) Dave 5hel~ of the Planning Dept. stated the request was to build a building for a quilt shop. He stated the present use of the land as a fruit stand was legal non-conforming use and would be torn down when the new building is built. He read a letter of protest from Mr. Frank Shehan of 4225 Pierce which had been presented at the Planning Commission Meeting The Planning Dept. recommended approval and the Planning Commission recommended approval by a vote of 3-2. Mr. Tom Reck, architect of 11591 W. 39 Place spoke on behalf of the applicants and stated the building will be for 3 operations retail sales, lessons, mail order business and a magazine publication. He stated the building will be between 15,000 and 15,000 sq. feet and will be 2 or 3 stories high. Applicant George Leman of 7550 W. 62 Avenue was present. Motion by Councilman Merkl "I move Case WZ-75-15 be approved for the following reasons It was approved by the Planning Commission and Planning Department. W. 44 Avenue and Pierce are collector streets." Motion was seconded by Councilman Hulsey and passed 4-2. Councilmen Turner and Cavarra voted "nay." Item 3. Case WZ-75-15 was an application by John Claus of Moun+air Inc. requesting rezoning from Agricultural-One to Residential-Two for property located at the southeast corner of W. 46 Ave. and Tabor 5treet. Dave 5helley stated the applicant wished to construct a duplex and that this was in conformance with the Land Use Plan which showed low density residential The Planning Dept. and Planning Commission recommend approval. No one appeared in opposition Ron 5himpa was present and stated he Wffia partner of Mr. Claus. MINUTES - 8/30/75 - Continued -2- Motion by Councilman Hulsey "I move Case WZ-7b-15 be approved for the following reasons It complies with the Land Use Plan. It was approved by the Planning Commission and the Planning Department." Motion was seconded by Councilman Donaldson and passed 5-0. Item 4. Case WZ-75-17 was a request by Fereidoun Pourdad to rezone property from Residential-Three and Commercial-One to Commercial-One at 7000 West 38 Avenue. Mr Shelley stated the rezoning request was for the back end of the property at the Mon Petit Restaurant and that Mr. Pourdad lived on that property and it would be a nonconforming situation. Mr. Pourdad was present and he stated he planned to make it a gravel parking lot to be used by his employees. Speakinq in Opposition was Mr. R. B. Krieger of 70005 W. 37 Avenue who requested that his letter of protest be read into the record. City Attorney Fox stated due to the proximity of his property this would take a 3/4 majority vote for passage by all members of the COllncil. Motion by Councilman Turner "I move Case WZ-75-17 be tabled 2 weeks for a decision" Motion was seconded by Councilman Donaldson and TIED 3-3. Councilmen Merkl, Cavarra and Howard voted "nay." Mayor Stites voted "nay" and MOTION WAS DEFEATED 4-3. Motion by Councilmen Howard "I move for approval of Case WZ-75-17 in the name of Fereidoun and Lotte Pourdad at 7000 West 38 Avenue from Commercial-One and Residential-Three to Commercial-One zoning because the planning staff recommends approval and the Rezoning allows full utilization of the property. The Land Use Plan recommends commercial in this area." Motion was seconded by Councilman Hulsey and passed 5-1. Councilman Turner voted "nay." Item 5 was a report from the Mayor stating that P. Edwin Hester who had been appointed to the Civil Service Commission would not be resigning since he was not going to be out of state. Item 5. was a report regarding the duties of the Probation and Youth Services personnel of the Municipal Court. Judqe Zarlenqo was present and handed out a packet explaining the duties and background of the probation volunteers. Others who spoke in favor of the program or explained the functions were Judge Farichild from the Lakewood Court; Dr. Jane Hulick, Chairman of Jefferson Co. Advocacy for Youth, Allison Arthur from the Lakewood Municipal Court, Debororah Oletsky Wheat Ridge Volunteer. Nancy Snow asked a question. Motion by Councilman Turner "I move that Council approve sending Mrs. Howard and Mrs. Ore to Atlanta GA for a conference with the expenses limited to the balance of Account 414.15 in the amount of $771.55." MOTION DIED FOR LACK OF A SECOND. Motion by Councilman Merkl "I move we allow Mrs. Ruth Howard and Mrs. Kay Ore to attend the probation conference in Atlanta GA from October 17 through the 20, 1975 for an amount not to exceed $892.00 to be charged to Account 414.15." Motion was seconded by Councilman Hulsey and passed 4-1. Councilman Turner voted "nay" and Councilman Howard abstained. Meeting was adjourned at 9 20 p.m. STUDY SESSION Item 1. was a discussion wiLh Urban Drainage Representatives regarding ~. Merklls suggestion for a diversion channel way for Lena Gulch. Joe Shoemaker, legal counsel for Urban Drainage District spoke and recommended against changing the natural channel way. He also stated the Red Barn is acting as a dam on the gulch. Scot Tucker, Executive Director of Urban Drainage District was present and also spoke. He recommended that the City follow t,hB recommendations in the Master Drainage Plan He stated that Wheat Ridge is scheduled to receive MINUTES - 8/30/76 - Continued -3- $100,000 from the District in 1977. He stated a starting point would be to define the ROWand begin acquiring property. It was agreed to schedule acceptance of the drainage way plan on 9/13/75. Item 2. was a request of Wheat Ridge Sanitation District for an easement on the City Green Belt property north of Clear Creek bridge for installation of a metering station. Ben R. Loye attorney for Wheat Rid~e Sanitation District was present to explain the project. He state~ breakaway fence and landscaping would be installed, and paid for by the District It was agreed to place this on the 9/13/75 Agenda fOT action. ~~a2t Ridge Sani1 nis+. ~ rR~~E fJ ~ [] "Bcare ~ ronr r'~ cJTat: 1.'lr f t.~P r:r:t~,...,.... ~':' l~t.i( '--.. Item 3. were Ordinances requested to be drafted by Councilman Turner. 1. Ordinance to place the budget officer under the City Treasurer was discussed and it was agreed not to take further action. 2. Ordinance to amend the weed ordinance to require the City to cut weeds in the ROW was discussed with no further action to be taken. 3. to cut trees ordinance on Ordinance to amend the tree ordinance to allow the City in the ROW was discussed and it was agreed to place this the Agenda for action. Councilman Merkl requested an ordinance be written providing snow removal on a sidewalk would be the property owner's responsibility. Mr. Jerman asked Council if they wanted apresentation by the Colorado Department of Highways on the proposed Highway I-470. Council declined the invitation. R/3l/7( Mr. Jerman reminded Council there was a budget meeting on at 7 00 p.m. Councilman Howard objected to an article in the Denver Post stating the City would decrease the mill levy. Mr. Jerman stated a proposed vehicle disposal list had been distributed involving 17 vehicles and 15 would be auctioned. Meeting was adjourned at 11 30 p.m. An Executive Session was held regarding the purchase of park land. L-t...- \...- ;..-~ , (,:: .:. t'/ fL-'?-- [(Use Brougharj1, Citv-/Clerk APPROVED ~~> \ ,-. , -,/ \....