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 ~
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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.
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[(Use Brougharj1, Citv-/Clerk
APPROVED
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