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HomeMy WebLinkAbout09/27/1976 fVlINUTES September 27, 1975 The three hundred and thirty-seventh regular meeting of the Wheat Ridge City Council was called to order by Mayor Frank Stites at 7 30 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 Richard Andrews, City Attorney Maurice Fox, City Clerk Elise Brougham, City Treasurer James Malone, staff and interested citizens. City Administrator John Jerman was out of town at,tending a conference. Item 1. was the financial report for the month of August 1975 presented by City Treasurer James Malone. He stated at the year's end there would be approximately $297,000.00 in excess of the Est"imated Revenue for the 1975 Budget as follows +$318,000 in the General Fund + 9,000 in Revenue Sharing 32,000 in Capital Improvement o in Parkland fund + 2,000 in the Conservation Trust Fund. Item 2. Resolution No. 472 was introduced by Councilman Donaldson and was read. The Resolution authorized transfer of invested funds to the General Fund. Motion by Councilman Donaldson "I move for the adoption of Resolution No. 472." Motion was seconded by Councilman Cavarra and passed 5-0. Councilman Cavarra voted "aye", Councilman Donaldson voted "aye", Councilman Howard voted "aye", Councilman Hulsey voted "aye", Councilman Merkl voted "aye", Councilman Turner voted "aye." Public Comment was made by Madeliern Fentress of 2935 Webster St stated that Olinger Mortuary was building a large garage and it had been the area residents' impression that the land was zoned Residential-Two which would make the use non-conforming. This went back to a court case the residents had brought up and the court had ruled that Wheat Ridge was to return the property to Residential-Two zoning. She stated she had been informed that the City'S zoning map indicates the property is commercial and requested that the City examine this case. Dennis Zwagerman was directed to distribute a report on the zoning history of the property and send a copy to Ms. Fentress. Item 3. was Public Comment on the proposed Operating Budget for Wheat Ridge for 1977. Lenny Cross of Jefferson County Legal Aide stated he had presented a proposal to the City Administrator to request funding for 2 additional attorneys in a branch office in Wheat Ridge or Arvada. He stated this would be a prorated share for the cities and Wheat Ridge's portion would be $3300. Reed Moore, Assistant Director of Jeffco Mental Health Center requested funding from the City for their budget and stated there was a branch office located in Wheat Ridge at 7551 W. 41 Ave. and that the funding would be for emergency service for residents in the community. * Item 5. was next setting a Public Hearing for a new 3.2 package beer license. Item 7. was the Comprehensive Plan adoption of the Future Land Use ( 5ll BELOW) Plan portion and reconsideration of the Transportation Plan portion. Dennis Zwagerman, Director of the Community Development Dept. stated the Planning Commission had considered a new Transportation Plan and presented it. This new plan had also been discussed at the 9/20/75 Study Session. Included in the plan was a st,andard for collector streets with 5D' ROW to provide for areas where it may not be desirable to purchase new ROW. He stated collector streets with existing 6D' ROW would have a 44' street flow Itne to flow line. *Item b. - Motion by Councilman Merkl I move that a Public Hearing be set for 11/8/76 on the application by the Southland Corp. dba ~-11 Stores for a new 3 2 package beer license for the store at 1750 W. 38 Ave. and t~at a boundary be set of 1 mile radius from t~e proposed location, MINUTES _ 9/27/76 - Continued -2- for a neighbort'ood survey." Motion was seconded by Councilman Donaldson and passed 5-0. Motion by Councilman Merkl "I move we adopt a portion of the prop05ed Transportation Plan bV the Planning Commission as follows W. 44 Ave., W. 38 Ave and W. 32 Ave. west of Kipling be designated as collector streets" Motion was seconded by Councilman Donaldson and TIED 3-3. Councilmen Howard, Turner and Cavarra voted "nay." Mayor Stites voted "nay" and MOTION WAS DEFEATED 4-3. Motion by Councilman Cavarra "I move that the Robert Leigh Transportaion Plan as presented in the final draft of the Comprehensive Plan as presented by the Planning Commission on July 25, 1975 be approved." Motion was seconded by Councilman Turner and WAS DEFEATED 4-2. Councilmen Hulsey, Merkl, Donaldson and Howard voted "nay." Motion by Councilman Hulsey Traffic Plan by the Planning Councilman Donaldson. "I move we adopt the proposed (revised) Commission." Motion was seconded by Motion to Amend by Councilman Cavarra "I move we delete the designation of Simms St. from W. 32 Ave. to W. 38 Ave. as a collector." Motion was seconded by Councilman Turner and WAS DEFEATED 4-2. Councilmen Merkl, Donaldson, Howard and Hulsey voted "nay." Motion to Amend by Councilman Cavarra "I move the collector designation of W. 38 Avenue West of Dudley be deleted and the collector designation be deleted on W. 32 Avenue West of Kipling as the projected traffic count does not justify 4 lanes in those areas." Motion was seconded by Co~ncilman Turner and WAS DEFEATED 4-2. Councilmen Donaldson, Howard, Hulsey and Merkl voted "nay." Question was called on Motion to pass proposed revised Traffic Plan of the Comprehensive Plan and passed 4-2. Councilmen Cavarra and Turner voted "nay." Mr. Zwaqerman presented three standards for intersections at 50' collectors and regular collectors, local and arterial streets, and collectors and arterials. They are attached to the Minutes. Motion by Councilman Merkl "I move the street cross sections at intersections as recommended by the Planning Commission and Planning Department be approved." Motion was seconded by Councilman Hulsey. It was agreed to vote separately under this Motion on the 3 standards. #1 50' collector at an intersection with regular collector street passed by a vote of 5-0. #2 Intersection of local and arterial streets passed 5-0. #3 Intersection of collector and arterial streets passed 4-2. Councilmen Turner and Cavarra voted "nay." Motion by collector streets." Councilman Howard "I move we adopt the standards for 50' streets to be the same as the existing standard for local Motion was seconded by Councilman Howard and passed 5-0. Motion by Councilman Turner "I move them be a cross section on a 60' ROW to allow for a paved section of 28', a grass area of 10' including a drainage swail if necessary, a 4' walkway, and a 2' space outside for power poles." Motion was seconded by Councilman Cavarra and waG DEFEATED 4-2. Councilmen Donaldson, Howard, Hulsey and Merkl voted "nay." Mr Zw~rman presented the Future Land Use Plan for the City by means of a color coded map. Amos Leaf of 2845 Chase requested that Council be sure that adoption of this plan does not change any zoning categories. MINUTES - 9/27/75 - Continued -3- Motion by Councilman Turner "I move the adoption of the Future Land USe Plan will not be followed by changes on t,he zoning map and that rezoning of property will be by standard procedure, i.e. initiated by citizens and that these word be included in the Comprehensive Plan (document.)" Motion was seconded by Councilman Hulsey. It was discussed that there was need to correct the present zoning map due to errors in the past. Question was called on the Motion and was DEFEATED 4-2. Councilmen Cavarra, Donaldson, Hulsey and Merkl voted "nay." Motion by Councilman Cavarra "I move the Future Land Use Plan section of the Comprehensive Plan as presented by the Planning Department and recommended by the Planning Commission be approved." Motion was seconded by Councilman Merkl. Motion to Amend by Councilman Turner "I move the area presently zoned Residential-Three and already developed in apart.ments be shown as high density." MOTION DIED FOR LACK OF A SECOND. Motion to Amend by Councilman Turner "I move that those areas shown as mid-density and developed as doubles be shown as low density. MOTION DIED FOR LACK OF A SECOND. Motion to amend by Councilman Turner "I move that no area not now zoned Residential-Three be shown as high density on the Land Use Plan." MOTION DIED FOR LACK OF A SECOND. Motion to Amend by Councilman Turner "I move that the area North of I-70 and immediately east of Tabor presently developed as a nursing and Planned Residential Development be shown as residential, not industrial on the Land Use Plan." MOTION DIED FOR LACK OF A SECOND. Motion to Amend by Councilman Turner "I move that thg area north of Ridge Road which is developed as doubles be shown as low density rather than mid-density." MOTION DIED FOR LACK OF A SECOND. Question was called on original Motion to adopt the Future Land Use Plan and passed 5-1. Councilman Turner voted "nay." She stated it showed more commercial, high density, and industrial than in surrounding communities and wanted a commitment for low density residential community. Motion by Councilman Cavarra "I move the Planning Department and Planning Commission be directed to prepare a zoning map by planning area with each area to be considered separately." Motion was seconded by Councilman Merkl and TIED 3-3. Councilmen Howard, Hulsey and Turner voted "nay." Mayor Stites voted "nay" and MOTION WAS DEFEATED 4-3. Motion by Councilman Howard "I move to adopt the Comprehensive Plan as amended." Motion was seconded by Councilman Hulsey and TIED 3-3. Councilmen Turner, Cavarra and Donaldson voted "nay." Mayor Stites voted "aye" and MOTION PASSED 4-3. Item 4. was Case WZ-75-20 an application by Dwaine Richter for approval of a Preliminary and Final Plan for a Planned Commercial Development located at 13101 West 32 Avenue. Dwaine Richter of 2850 Berry Lane was present and stated th8re was * acre involved, the building would be 2700 sq.ft for a "quick food" restaurant with a drive-up window and there would be 32.9% open area and landscaping. For the record, it was clarified that the County had been notified of the planned development in 1975 and also bV Dave Shelley and the plan had also been sent to the Colorado Land Use Commission. MINUTES - 9/27/75 - Continued -4- from t,he in Opposition were Gary Holbrook of 3320 Alkire Circle who stated this was different original (outline) plan presented. Speakinq Richard Lee of 3259 Zinnia Court who feared the restaurant could go out of business and objected to the Right Turn Only recommended by t.he Planning frmmission on W. 32 Ave. Mike Carroll of 13157 W. 33 Ave. by Mr. Brunton for the Applewood the OUtline Development Plan was turn only on W. 32 Ave. stated a previous agreement signed Homeowners Assoc. at the time of not valid and objected to the right Alan DeMuth, 718 17th Street, legal counsel for the Applewood Homeowners Assoc. stated this was 5% of the total land to be eventually developed and that the overall concept should be viewed, he considered this spot zoning, objected to combining preliminary and final plans, objected to showing proposed green area not included in the actual plan being discussed, according to the Outline Plan Zinnia and 33rd should be vacated and he requested a time limit for development. He stated the Outlim Plan requiTed the berm to be developed all the way to W. 33 Ave and did not show access onto W. 32 Ave., the berm did not show a bicycle path on it and it required a lighting plan. He stated there was no drainage plan. Jeanette Smithom stated no one would want to live next to a fast food hamburger stand and objected to the increased traffic driving by her house. Mr. Richter and Mr. DeMuth were each given time for a rebuttal. Motion by Councilman Merkl "I move that Case WZ-75-20 be tabled for 2 weeks for a decision." Motion was seconded by Councilman Cavarra and passed 5-0. Item 5. was Case WZ-75-18 an application by Chic E. Myers for a Preliminary Plan of a Planned Commercial Development at 3200 Wadsworth Blvd. The Planning Commission had approved the plan with stipulations on building size etc. on 9/2/75. The applicant was present. Orville Anderson, architect presented drawings of the shoppette which would allow a kiosk, eliminate gas pumps, provide a deceleration lane on Wadsworth and a fence will be erected to the East with a tiered effect which could be maintained by the adjacent property owner by means of an easement. He stated a concrete wall will run along the north side of the building. One of the pro~pective tenants is a 7-11 Store which is not allowed under R-C zoning. Mr. Ralph Clerk the adjacent property owner stated they would object to a motorcycle shop, some of the neighbors are against the 7-11 Store selling 3.2 beer. He requested extending the retaining wall south of the building, and raise the wall one ft. to prevent the flow of water. Motion by Councilman Cavarra "I move this item be tabled until a list of uses (to be allowed in the plan) can be submitted." Motion was seconded by Councilman Merkl and passed 4-2. Councilmen Howard and Hulsey voted "nay." Item 8. Ordinance No. 220 requiring the removal of snow and debris from sidewalks etc. was introduced by Councilman Merkl and the title was read. Motion by Councilman Merkl "I move for the adoption of Ordinance No. 220 on first reading." Motion was seconded by Councilman Howard. Motion to Amend by Councilman Howard "I move to delete the word 'curbs' from the title and delete it twice in Section 1 and once in Section 2." Motion was seconded by Councilman Merkl and passed 5-0. Question was called on Motion to adopted amended Ordinance and TIED3-3. Councilman HOWTd voted "aye", Councilman Hulsey voted "aye", Councilman Merkl voted "aye", Councilman Turner voted "nay", Councilman Cavarra voted "nay" and Councilman Donaldson voted "nay." ORDINANCE DIED IN A TIE VOTE. MINUTES - 9/27/75 - Continued -5- Item 9 was a decision on the alignment of Lena Gulch in the Red Barn area presented by Dave Love of Wright McLaughlin rrgineers. He presented a map with Section 20+00 to 40+00 which followed the original stream as the best solution. He stated this design is approximately $200,000 more than the other alternative. He stated both alternatives show the removal of the Red Barn. Motion by Councilman Cavarra "I move we direct the City Administrator to organize a meeting with Urban Drainage District, legal counsel, Wright McLaughlin Engineers, the owners of the Red Barn and city representatives to inquire into the purchase price and legal responsibility of the Red Barn, and that this inquiry be confined to the prospective price along the two proposed alternatives by Wright McLaughlin." Motion was seconded by Councilman Turner and passed 5-0. Item 10. was approval of a mlnlng request by Brannan Sand & Gravel Co. in Prospect Park which had been discussed on 9/20/75. Motion by Councilman Merkl "I move we approve the backfilling operation by Brannan Sand and Gravel Co. of the west and north sections of the east lake located in Prospect Park. I further approve the pilot trail system by Brannan Sand and Gravel in Prospect Park." Motion was seconded by Councilman Hulsey. Mr. Cruise of Brannan Sand stated they would submit their plan to the Urban Drainage District. Motionto Amend by Councilman Howard I move to include the ~pproval of mining' in Mr. Merkl's motion." Motion was seconded by Councilman Hulsey and passed 5-0. Question was called on Councilman Merkl's Amended Motion and passed 5-0. Item 11.was approval of an engineering agreement for Muerer, Serafini & Meurer Inc. for the intersections at W. 35 Ave. & Ames, & Benton and W. 41 Ave. & Ingalls and Harlan. The authorizing Motion had also included the intersection at W. 41 Ave. and Kendall. Motion by Councilman Hulsey "I move we October 4th meeting to receive an answer at W. 41 Ave. and Kendall was deleted." Councilman Turner and passed 5-0. table this item until the as to why the intersection Motion was seconded by Item 12. was Resolution No. 473 introduced by Councilman Donaldson authorizing transfer of fund to allow the basketball and volleyball court and parking lot at Panorama Park. The Resolution was read. Motion by Councilman Donaldson "I move for adoption of Resolution No. 473." Motion was seconded by Councilman Hulsey. Discussion arose as to the transfer from the Unallocated Account 548 instead of the Street Paving Account 541. Motion by Councilman Howard "I move to table Resolution No.473." Motion was seconded by Councilman Donaldson and passed 5-0. Item 13. was approval of anticipated election expenses for the Home Rule Election to be held on November 2, 1975. Motion by Councilman Cavarra "I move that Council approve the following 1. $3.50 per hour for checking all absentee baTIot requests by County personnel beginning 9/20/75. 2. Cost of printing 2 extra ballot pages for the Whe~t Ridge issue. 3. Costs for blue ballots 4. Cost of one printout at ~~ per name. S Cost of an information page containing the warning not b vote for more than 21 candidates on the Home Rule question. 5. Costs for 5 extra judges as specif;pd. 7 All other costs incurred by the County Clerk on behalf of the Cit~ of Wheat Ridge question. And that the costs be taken out of Account 411.57. I further move to authorize the use of the electronic voting machines." Motion was seconded by Co~ncilman Merkl and passed 5-0. MINUTES - 9/27/75 - Continued -5- Item 14. was Resolution No. 474 introduced by Councilman Hulsey urging the Scool District to keep open Martensen, Mountain View and Columbia Heights Elementary Schools. the Resolution was read. Motion by Councilman Hulsey "I move Resolution No. 474 be approved." Motion was seconded by Councilman Merkl and passed 5-0. J" Councilman Merkl broug~ the fact thac the Mass Transit Committee was not active and requested the Mayor to contact the Chairman of the Committee to see what can be done. Councilman Donaldson showed pictures of the alley between Chase and Depew and stated the City had sent certified letters to these property owners stating the trashrneded to be cleaned up and there had been a mistake by the Planning Dept. since these areas were not in violation. The matter is to be looked into. Meeting was adjourned at 12 30 a.m. APPROVED '~) , ) / ^ / I} [,11/ / b i ! 1/ J MINUTES 9/27/75 - Continued - Page 7. " "''' f I ,- 1 4' r .5 ? > , " , 1 , , __,__._L. , I '-.-,p-' 7' -!' ( , , ... "-, , ---- -- } I ___-J_--- < '- - .....---_.. f"\'AV.J/i~J/1 cr 0- ,r?_'JLJ::..:./c~r:. 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