HomeMy WebLinkAbout10/11/1976
MINUTES
October 11, 1975
The three hundred and thirty-ninth 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, Robert Howard, Calvin Hulsey,
Larry Merkl and Louise Turner. Councilman Joseph Donaldson was absent.
Also present were City Administrator John Jerman, City Attorney Maurice
Fox, City Clerk Elise Brougham, City Treasurer James Malone, staff and
interested citizens.
Mayor Stites asked if there were any corrections or additions to the
Minutes. Councilman Hulsey requested that the Minutes of 10/4/75
be corrected to state that the intersection of W. 41 Ave. and Kendall
was for an engineering study rather than for crosspan placement.
The Mayor then declared that the Minutes of 9/27/75 and 9/30/76
stood approved as corrected and the Minutes of 10/4/75 stood approved
as corrected.
Item 1. Case WZ-75-18 was scheduled for a decision which was an application
by Chic E. Myers for a Preliminary Plan for a Planned Commercial Development
at 3200 Wadsworth Bovd. A list of agreed to uses and restrictions had
been signed by the applicant and distributed. City Attorney Fox
stated these stipulations would be incorporated into the final
development plan and then they would be binding.
Motion by Councilman Merkl "I move that the Planned Commercial Development
located at 3200 Wadsworth Blvd., Case WZ-75-18 be approved and that the
attached list of uses be attached to the Preliminary Development Plan
and that the word 'wholesale' be added in front of the following 'creamery
and milk distribution station.'" Motion was seconded by Councilman
Hulsey and passed 5-0. Councilman Donaldson had left a written vote
of "aye."
Item 2. Case WZ-75-20 was scheduled for a decision for the application
of Dwaine Richter for a Preliminary and Final Plan for a Planned Com-
mercial Development at 13101 W. 32 Ave.
Motion by Councilman Merkl "I move that Case No. WZ-75-20 pertaining
to the Preliminary and Final Development submitted by Mr. Richter be
accepted and approved based on the following findings
1. That the subject parcel of property was annexed to the
City of Wheat Ridge in 1975.
2. That the subject parcel of property along with a larger
parcel was zoned by the City of Wheat Ridge in 1975. That the zoning
classification applied to the subject parcel was and is planned commercial
district.
3. That the final development plan submitted by Mr. Richter
in Case No. WZ-75-20 complies with the Outline Development Plan submitted
at the time of zoning in 1975.
4. That the City of Wheat Ridge has given notice to all proper
governmental agencies and property owners.
5. That the use which Mr. Richter proposed in the final development
is and was permitted in the original zoning and Outline Development
Plan approved by this Council in 1975." Motion was seconded by Councilman
Howard.
Motion to Amend by Councilman Cavarra "I move that exterior communications
not be audible outside of the property. That the drive up window exit
not be marked for a right turn only. And that Item 5. under General
Restrictions as shown on the approved Outline Development Plan be adhered
to, that is, t,hat the berm Item A., Phase One be erected all the way to
33rd Ave." Motion was seconded by Councilman Merkl and passed 4-1.
COiJncilman Howard voted "nay."
Question was called on Amended Motion for approval and passed 5-0.
Councilman Donaldson left a written vote of "aye."
MINUTES
- 10/11/75 - Continued
-2-
Councilman Turner awked for a point of order as to clarification
by meanw of a wriLten wtotement from the City Attorney as to whether
~~al~d vot~~ l~ft by ~b5ent members would bs allowed in the future.
City Attorney Fox stated they should be allowed if there i5 no
~ub5tantial change which would affect the decision. He stated in this
case the amendment was considerations made by the Planning Commission
which had been discussed at the Public Hearing with the exception of
canceling the right turn only sign. He stated this should be clarified
in the Rules of Procedure.
The Chair ruled that to avoid problems like this in the future, that
Mr. Donaldson's vote be withdrawn.
Motion by Co~ncilman Hulsey "I move we take a vote of the Council
to overrule the Chair." Motion was seconded by Councilman Merkl and
passed 4-1. Councilman Cavarra voted "nay."
Item 3. Case WZ-75-21 an application by Roy and Judith Griffith for
rezoning from Residential-One to Residential-Two for property at 4395
Everett was announced IT HAD BEEN WITHDRAWN.
Item 4. Case WZ-75-22, an application by Willard and Lillian Stile for
rezoning from Restricted-Commercial to Commercial-One for property at
9584-90 W. 44 Avenue and 4370 Iris Street was scheduled for Public Hearing.
Dennis Zwagerman, Director of Community Development stated the
Comprehensive Plan calls for commercial in the area and the Planning
Commission recommended approval.
John Heckers of 9584 W. 44 Avenue spoke on behalf of the application
and stated there would be no change in use and would conform to the
surrounding zoning. The retail sales use had been non-conforming
and had not been uSed for 14 months, and they would like to have this
use again as was allowed in the past, so they are requesting the rezoning.
It was clarified that there are two separate legal descriptions for
the land and a building on each parcel.
No one appeared in opposition.
Motion by COJncilman Merkl "I move for approval of Case WZ-75-22
for the fOllowing reasons W. 44 Avenue is designated a collector street.
It was recommended by the Planning Department and Planning Commission."
Motion was seconded by Councilman Hulsey and passed 5-0.
Item 5. Case WZ-75-23, an application by Jerome J. Roach for rezoning
from Residential-Two to Restricted-Commercial-One for property at 4390
Newland St. was scheduled for Public Hearrg. Dennis Zwaqerman stated
the Planning Dept. recommended approval with the following stipulations
access be from W. 44 Ave. on the eaa line, buffer area be provided
next to any residential lot, and the sidewalk on Newland be placed
to block an vehicular access to Newland. Councilman Howard questioned
using the middle of a block for access in regards to public safety
especially crossing the street for a left turn and that 44 Ave. had
a drainage problem and the setback on the south side would not allow
for 151 of buffer.
Barry Hudson, attorney spoke on behalf of the applicant. He presented
a diagram showing the surrounding area is commercial use. He questioned
Mr. Jerry Roach of 5545 w. 44 Ave.who was the prospective purchaser.
In anSWLr to a question he stated the west entrance would be for emergency
only and he agreed if Council wanted to landscape the driveway area to
prevent parking. Photos were distributed of the site also.
Mrs. Gladvs Bradburv of 5555 West 44 Avenue owned the property to the
east and stated she was agreeable to the rezoning and also to the plan
of having a joint driveway to be shared withe subject property. She
also owned the adjacent house next to the property on Newland.
A letter was presented from Helen Kenneth of 4395 Newland stating she
had no objection to the rezoning.
Mr. Leonard Kostanten was present who was the owner of record. He
stated he had tried through the years to sell the property as residential
and had been unable to.
MINUTES - 10/11/75 - Continued
-3-
Speaking in Opposition were
Georqe A. Ryan of 4345 Newland who stated he wanted to preserve
the residential neighborhood and feared there would be parking on Newland.
Harold Stanley of 4330 Newland presented a petition against the rezoning
with 22 families contacted.
Bob Shirley fo 4300 Newland stated there is already a traffic and
parking problem and the streets jogs so if there were an additioni
increase of cars the situation would be aggravated.
Motion by Councilman Merkl "I move Case WZ-75-23 be approved for
the following reasons
1. West 44 Ave. is a designated collector street.
2. Uses allowed under Restricted-Commercial-One are hi~ly
compatible with existing use.
3. Planning Department and Planning Commission recommend approval.
4. The approval be subject to
a. Access from W. 44 Ave. on the east line.
b. Buffer area be provided next to any residential lot.
c. A sidewalk on NEwland be placed to block any vehicular
access to Newland, and also the present driveway be removed and landscaping
and fencing be installed, and a No Parking sign be installed from the
property line on Newland to W. 44 Ave." Motion was seconded by Councilman
Hulsey and was DENIED 4-1. Councilmen Cavarra, Howard, Hulsey and Turner
voted "nay."
Item 5. was a renewal of a 3.2 package beer license.
Motion by Councilman Hulsey "I move that Council approve the renew~l
of the 3.2 package beer license for the Safeway Store at 5353 W. 38 Ave."
Motion was seconded by Councilman Turner and passed 5-0.
Item 7. was a Public Hearing for a change of ownership for the Ridge
Drug Store Class E package liquor license at 5395 W. 38 Ave.
The new owner is Fishman Drug Co. Inc. with the following corporate
officers who were present Ronald M. Fishman, President, Mr. Joseph
Samuels, Vice President, and Mrs. Carol R. Fishman Secretary-Treasurer.
No officer of the co~poration had been convicted of a felony.
Motion by Councilman Merkl "I move to approve the application for
change of ownership on the Class E Drugstore liquor license at 5395
W. 38 Ave." Motion was seconded by Councilman Hulsey and passed 5-0.
Item 8. was
mill levy.
is attached
a Resolution adopting the
A summary sheet of budget
to the Minutes.
1977 Budget and establishing the
changes had been distributed and
Motion by Councilman Turner "I move Item 1 (Public Works Account 441.
$25,000 for a ROW program) be deleted (on the summary sheet of budget
changes." Motion was seconded by Councilman Howard and passed 3-2.
Councilmen Hulsey and Merkl voted "nay."
Motion by Councilman Merkl "I move to hold discussion and table this
item until Councilman Donaldson returns." Motion was seconded by
Councilman Hulsey and and WAS DEFEATED 3-2. Councilmen Cavarra, Howard
and Turner voted "nay."
Motion by Councilman Merkl "I move we set the mill levy next year
at 3.75 mills." Motion was seconded by Councilman Hulsev and TIED 3-3.
Councilmen Turner, Cavarra and Howard voted "nay." Councilman Donaldson
had left a written vote of "aye." Mayor StilEs voted "aye" but City
Attorney Fox ruled this would eventually be an appropriation and did
not allow his vote.
MINUTES
- 10/11/75 - Continued
-4-
Motion by Councilman Ceverra; "I move the mill levy be 88~abli8hed at
3.55 mills for the 1977 budget." Mot,ion was seconded by Councilman
Turner and passed 4-1. Councilman Howard voted "naif. II
The position of Industrial Development Specialist was discussed. Several
Councilman this should not be required a~ this time.
Motion by Councilman Turner "I move that the position of Industrial
Development Specialist not be put in the budget." Motion was seconded
by Councilman Cavarra and passed 5-0.
Councilman Howard questioned the purchase of a paint striping truck
which has little annual mileage put on it and brought up the possibility
of contracting the service. Council agreed that this item should be
left in the budget but alternatives could be discussed in the future.
Motion by Councilman Turner "I move that the position of City Engineer
be kept in the Public Works Administration Budget in the amount of
$1320." MOTION DIED FOR LACK OF A SECOND.
Motion by Councilman Turner III move that the second additional Code
Enforcement Officer (Account 431) which is a half time position be
deleted and the $4970 be designated for weed maintenance on city
woned property." MOTION DIED FOR LACK OF A SECOND.
Motion by Councilman Turner III move that $5000 be placed in the budget
to subsidize the spaying and neutering of local animals through local
veterinarians. II Motion was seconded by Councilman Cavarra and WAS DEFEATED
3-2 Councilmen Howard, Hulsey amd Merkl voted IInay.1I
Motion by Councilman Turner III mOJe that $200,000 being held in reserve
for a future City Hall be deleted and added to the drainage fund for 1977.11
MOTION DIED FOR LACK O~ A SECOND.
Motion by Councilman Turner III move that the $1000 amount designated
for conferences and meeting expenses for department heads, City Clerk,
Treasurer and City Council be reduced to $750 each and the resulting
amount ($3250) be designated to fund the requested Wheat Ridge portion
of legal aid.(from the County)1I MOTION DIED FOR LACK OF A SECOND.
Motion by Councilman Turner III move that all departments in the operating
budget with the following exceptions city hal fund, non-department,
unallocated and city attorney, bereduced by 4% with intradepartmental
adjustments to be worked out by department heads and the City Administrator
with the difference to be applied to drainage. II MOTION DIED FOR LACK
OF A SECOND.
Resolution No. 475 establishing the mill levy and adopting the 1977
budget was introduced by Councilman Merkl and was read.
Motion by Councilman Merkl III move for adoption of Resolution No. 475
and order it published. II Motion was seconded by Councilman Hulsey
and had a vote for approval of 3-2. Councilman Howard voted IInay,1I
Councilman Hulsey voted lIayell, Councilman Merkl vote lIayell, Councilman
Turner voted IInayll and Councilman Cavarra voted lIaye." City Attorney Fox
ruled the Resolution did not pass due to the fact of only 3 affirmative
votes.
Council called for a break in the Meeting and reconvened.
Motion by Councilman Turner
mill levy be reconsidered. II
and passed 4-1. Councilman
"I move Resolution No. 475 adopting the
Motion was seconded by Councilman Merkl
Howard voted "nay."
Motion by Councilman Merkl "I move Resolution No. 475 be approved
and published" Motion was seconded by Councilman Hulsey and passed 4-1.
Councilman Merkl voted "ayell, Councilman Turner voted lIayell, Councilman
Cavarra voted "aye", Councilman Howard voted IInayll, and Councilman Hulsey
voied lIaye.1I
MINUTES - 10/11/75 - Cont,inued
-5-
Item 9. Resolution No. 475 appropriat,ing funds for the purpose
of departmental operaLions and capital improvements for 1977 was
introduced by Councilman Merkl and was read.
Councilman Cavarra asked if the budget document was the control
on the budget by line item and the Resolution is a summary.
City Attorney Fox stated the budget book has been adopted and the
summary of itemized categories will be adopted by Resolution 475.
Mayor Stites stated it is the City's intent to honor the budget by
line item in the budget book until the Council authorizes any change.
Motion by Councilman Merkl "I move for the adoption of Resolution
No. 475 and order it published." Motion was seconded by Councilman
Hulsey and passed 4-1. Councilman Turner voted "nay" and had made
a Motion which received no second to table the Resolution to verify
the appropriations before passage.
Item 10. was an estimate on cost to place 2 yellow flashing lights
on W. 32 Ave. to warn motorists of the curve in the road between
Garrison and Estes.
Motion by Councilman Cavarra "I move we authorize the installation
of flaShing yellow traffic lights on W. 32 Ave. to be charged to
Account 541.00 in an amount not to exceed $1700." Motion was seconded
by Councilman Turner and passed 5-0.
Item 11 was a report from Dave Love of Wright McLaughlin Engineers
on results of a meeting on 10/4/75 with the owners of the Red Barn
in regards to Lena Gulch. He stated they had determined other
alternative routes regarding the 3 structures that are on the Red
Barn property.
1 A grass lined and rock lined channel which would be
so constructed to require removal of the 2 smaller buildings, Buildings
#2 and #3. This invRlved,a 90 ROW at an estimated cost of $174,930.
2. A gras~^r~R~o with a 120' ROW which would require the
removal of all three buildings at an estimated cost of $215,524.
He stated both alternatives would fit into the existing Master Plan
and that they are not stating that this improvement should be built
without downstream improvements also.
Motion by Councilman Merkl "I move that based upon the direction of
Wright McLaughlin Engineers that the City Council of the City of
Wheat Ridge choose the rock and grass lined channel which would
remove buildings #2 and #3 , and that this is the best alternative for
going by the Red Barn a distance of 200 feet (on Lena Gulch.)"
Motion was seconded by Councilman Cavarra and passed 5-0.
Mr. Jerman stated tha+ Mr. Hobbs recommended that Council authorize
the installation of a drainage pan along W. 38 Ave. from Pierce to
Newland in regards to Pascal C~~str~ction's work on the City's drainage
project. Several Councilm8H~~~eR~rng additional money for the drainage
project since it should have been engineered so that al water would drain.
Mayor Stites stated the question is whether or not the City should authorize
an additional expense of concrete or let the contractor put in an
asphalt one. Council~an Howard requested that the completion time for
the contractor be checked out in his contract and the penalty clause
for failure to complete work in a certain time, and cost of asphalt vs. concrete.
Citv Attorney Fox stated there is another problem on the drainage
project because the contractor installed the drainage pipe through
the sanitation district's pipe because they were at the same level,
and the sewer district has sent notice to the City that this is
interference with their right and they will look to the City for
compensation. Mr. Hobbs stated this was authorized by a field change
without the City'S approval. It was agreed to have KKBNA Engineers,
Pascal Construction and the sewer district to be scheduled for next
week's agenda.
MINUTES - 10/11/75 - Continued
-5-
Mr. Jerman announced there had been a bid opening on the W. 32 Avenue
project and the low bidder was Secrest Construction. The total cost
of the project is $195,185. Councilman Turner request,ed if a bypass
could be looked into.
Item 12. was notification from the Regional Director of Civil Defense
Preparedness Agency that an alert and warning exercise is to be conducted
10/14/75.
Meeting was adjourned at 12 05 a.m.
An Executive Session was held afterwards.
"
,
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APPROVED
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Case ~o WZ-76-~
MINUTES - 10/11/75 - Continued Page 7.
Neighborhood Shoppette
Planned Commercial Development
32nd and Wadsworth, Wheat Ridge, Colorado
., I-)tk. \ Tf.M
r..
JeT 11 l!l6
Owner
Chic [ ~1yeTS
. ", ~$SII1N HEM ,,-
Statement of allowed uses and uS'cS expres.;ly proh'i,bi'te'Crmand other condltl ,15 of
developE'~nt
All "wed usps with n til" site re as folloW';
Restricted COPJJrercili d]<;triLt O-dil1 nee '18,
those uses listed in Section 17,
City of Wheat Ridge Colorado
Uses
,\ I a e
A 3 '1 f
A 4
\ S
A 6
Li brari('s
\ 13 a-I
mU~Clll!l nc ar<- gall, rlC' cn.lL)
~ection 1', rornII'CrC\2] O~e Dl';trict OnlinancC' 91'1 l-it of \'ihe~lt RiL-6c Colnr'lor
A 1 a-e
i\ 3 a- f
A 4
A 5
A 6
Libraries, museum and art ~all(riC' only
A 12 a, b, c, d, e f, g, 11 (\)]1,,, [Hinting only)
A 13 a (lce crea'n or Jonut shop nnL) '-, f, g, h, j, k, I, m, n, 0 p, :t
r, s, u and x, 3nd other <;imilar r0tail uses as ~prroved by the Director
of Community Development Use, that arc (hmied by Director 01 Community
Devclopmfnt may be appe;11ecl to the Planning Commission for final determinati)J1
Notwithstan~ing any other provision relative to allowed uses, the following
uses are express], prohibited within this developmc ,t
Golf CfJUrSf'S inclucLng mini;]t\ll-e ,;olf
~Iortuari C"S
Rental agencies
Service statim's, C'lr WIsh motor fuel fi lling station, g:lrages for repail of motoI'
vehicles
Automobile, truck, hOll "traller mobile home, boat, Clr,d travel tra leI' sales and
service as well as tH'aV\ equIpment
Lumber yards
Resort hotel or mot0J
Ocpartment st~r8S
Theater,;
\)...>.,-1,...,. A -<:. Creamery and mi lk distributi" I tat],)n
Amusement parJc<;
Billiard parlors an~ game room~
\nima1 hospi tals
Urive-in theaters
VehiLular sales and serVlCC~ Including ~ervicc stations nd gas pump
Construction equipment and heavy equipment ~al es, serrice, rental and storage
Cold storage plant
Bottling plant
Farm Equipment sales, service and storage
Ice plant and delivery station
Trucking terminals
Warehouses of any type
Unenclosed storage of any type
Auction houses
Manufacturing and/or light industrial operations
In no event shall any use occupy mere than 3500 sq fi'
Developmt,nt of this site shall also l1eet the followinr requirements
A) The color of all hui.ldings and a, c('ssorv construc1'jcn Including SIgns are to
be of earthen tones
B) All uses within this sitp art to have daily office hours that do not extend
past 11 00 P ~1
These uses and requirements are expressh agreed to and wi 11 be controlled by the
original owner and developer of this property
/
----.---
MINUTES =-10/11/75 - Continued - Page 9.
/
Agenda Item 1 Case WZ-75-18
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MINUTES - 10/11/75 - Continued - Pcge 8.
Agenda Item 2 Case WZ-76-20
MINUTES - 10/11/75
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MINUTES
September 30, 1975
A Special Meeting of the Wheat Ridge City Council was called to
order by Mayor Frank Stites at 7 30 p.m. a 4355 Field. The
purpose of the meeting was for Public Comment on the proposed
1977 City Budget pertaining to Capital Improvements and Revenue
Sharing and Special Funds.
Councilmen present were Mary Jo Cavarra, Joseph Donaldson, Robert
Howard, Calvin Hulsey and Louise Turner. Councilman Larry Merkl was
absent. Also present were Director of Administrative Services Rich Andrews,
City At,Lorney Maurice Fox and City Clerk Elise Brougham.
There was no public comment on the proposed budget.
Mr. Andrews explained the State Law limitation allowed to cities for
a 7% increase in their budget without seeking permission from the
Division of Local Government for a higher increase. He stated
any increase in reappraisal is included in the increase limitation
but those items not included whould be new annexations, new construction
or new inclusions.
He stated that the City could levy without State permission a mill
levy of 3.772 mills which would generate $407,559.
Several Councilman stated they were in favor of lowering the mill levy.
Councilman Howard commented that keeping the City's current mill levy
would only increase the property tax by approximately $9.
City Treasurer Malone questioned how any increase could be justified
to the Division of Local Govt. since there is a carryover balance
of $300,000. Mr. Malone also commented on some revenue projections
in the 1977 budget. He stated the use tax is too low and that the
auto ownership and motor vehicle tax are projected too high.
Meeting was adjourned at 7 50 p.m.
An Executive Session was held afterwards.
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APPROVED
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