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HomeMy WebLinkAbout10/24/1977 CITY COUNCIL MINUTES - October 24, 1977 , , The three hundred eighty-fhlrd 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 Joseph Donaldson, Robert Howard, Calvin HUlsey,/ Larry Merkl and Louise Turner Mary Jo Cavarra was present as of 8 15 P m Also present were City Administrator John Jerman, City Attorney Dana Strout, City Clerk Carol Hampf, City Treasurer James Malone, Department Heads, Richard Bredt, Clyde Hobbs, Ed Pinson, Robert Vidal, Dennis Zwagerman, staff and interested citizens PUBLI C COMMENT Carolyn Davis,658 S Youngfield Ct , Lakewood She is a realtor representing Ralph J Mangone The Mangones wish to purchase a piece of property at 44th and Youngfield, and because of a deep set-back and an irrigation ditch at the rear of the property would like to purchase a small piece of ground adjoining This piece belongs to the State Department of Highways, who are willing to sell if the City of Wheat Ridge has no objections The prospective buyers are willing to give a future easement along the boundary} if a bikeway/walkway were to be constructed in the future Council consensus was that there would be no obection if the easement was given in writing, at this time Mr Hobbs to take care of it Item 1 City Treasurer's Report The Sales Taxes are still ahead approximately $10,000 a month above the average Some items in the General Fund indicate that an excess will be carried over, $390,000 or more There will be no more Anti-Recession Funds to be received this year, therefore some Labor Pool expenses will have to be backed out and put into the General Fund In the Capital Improvements Fund there is money that has not been encumbered Approximately $9,000 is expected to be received from the State for the Conservation Trust Fund Minutes of the meeting of October 17, 1977 were approved as published Item 2 Application by George Karres, for approval of rezoning to Industrial and approval of Preliminary and Final Development Plan for property located at 5000 Robb Street WZ-77-03 Mr Shelley read the Planning Depart~ent Comments, and that the plan for development of the property was to build mini-warehouses Tom Harris, an architect from Arvada represented the owners He stated that there would be 10 buildings, which are oriented in a North- South direction which would have the least impact on the neighborhood area This is a second proposal, the first had 11 buildings, and they were larger Ivan Hawn, 4900 Robb Street spoke in opposition He presented a Petition signed by all of the property owners in the vicinity but one, who was out of town There was also a letter signed by the owner abutting on the South and a letter i~ opposition signed by 100% of the owners of property opposite He requested an opinion if this constituted a Legal Protest Mr Strout said that it did, and therefore 5 votes would be necessary to pass Allen?? of 6385 W 52nd Avenue spoke in favor of the development and said that they had followed the Comprehensive Plan and also that they believed this area is in a transitional Industrial stage ~~otion by Councilman Turner "I move that Case W &77-03 be denied for the following reasons 1 - it constitutes spot zoning, 2 - it is incompatible with current development of the neighbor- hood, 3 - it is incompatible with the desires of the residents of the neighbor- hood, 4 - denial was recommended by the Planning Commission in a Motion which cited the Planning Commission reasons as the following, (1) Plan does not meet the high quality of standards previously met in Wheat Ridge industrial develop- ment and (2) this land use does not provide an employemnt base as set forth in the goals and Objectives of the Comprehensive Plan, and last a Formal Protest has been filed" Motion was seconded by Councilman Hulsey and carried 5-0 Council Mir" tes 10/24/77 - 2 - Item 3 Application by James Lucas and Louis Stefanich for approval of rezoning to Planned Residential Development and approval of Preliminary and Final Development Plan for property located at W 44th Ave and Robb Street Case No WZ-77-08 Mr Shelley read the Planning Department Comments Applicant plans to control the building type with protective covenants, plat restrictions No subdivision plan is necessary at this time, but will be needed before development Density is in accordance with R-IB Applicant James Lucas, 7450 W 18th was present said that in addition to the information already given, there was a landscaping plan and an identification sign for the subdivision Motion by Councilman Cavarra "I move that Case WZ-77-0S Planned Residential Developmant located at 44th and Robb Street for 5 5 Acres be approved for these reasons, Planned Resi- dential Development is for 17 single family sites on 3 97 acres or 4 2 units per acre, the plan meets all the requirements of the Zoning Ordinance, applicant proposes to control building height through protective covenants, Final Plan is in conformance with the Preliminary Plan, the density plan is in conformance with the Comprehensive Plan, the Plan has been approved by the Planning Commission" Motion was seconded by Councilman Merk'l Motion by Councilman ~lerkl "I move that the entry sign section of the plan be stricken as it is in conflict with our sign code" Motion was seconded by Councilman Hulsey and carried 6:0 Motion as amended carried 5-1, Councilman Howard voting Nay Suggestlon that the sign code be amended to allow these signs Item 4 Application by Applewood Village Shopping Center, 3320 Youngfield Street, to amend previously approved Planned Commercial Development Case No WZ-77-19 Mr Shelley read the Planning Department Comments This is an Amendment to a previously approved PCD The plan as amended still meets all the requirements of the Ordinance The old Building was a Medical Clinic, the new to be a Shoppers Mall Any further building would require removal of Parking Area There is approximately 80,000 more than is required Landscaping will be completed a3 leases are renewed Conrad Becker, 2121 Wadsworth Blvd, Lakewood, the applicant stated that his application had been approved by the Planning Department and that he had tried to comply with all regulations Norman Anderson, 12495 W 32nd Ave spoke re concerns about the 2 lots east of the shopping center, if they would be a part of the shopping center, trash blowing out of the area since the fence had been removed1and extra traffic on Wright Ct Mr Becker stated that the two lots would not be a part of the Shopping Center and some landscapimg had been done A curb will be placed to the South and there will be no driveway through from the shopping center Mr Becker was asked to put the fence back in and he said it was ok as long as there was acess Motion by Councilman Turner "I move that Case No WZ-77-19 with amendments to the Plan of Applewood Shopping Center be approved as presented" Motion was seconded by Councilman Merkl and carried 6-0 Item 5 Continuance of Public Hearing from October 17, 1977 Decision re Application by AMCOR, Inc , for approval of a preliminary and final development Plan for Industrial development located at 5020 Marshall Street Case No WZ-77-15 (Deferred for further information from AMCOR) Mr Shelley read a letter from the State Diviiion of Highways expressing approval for access and no plans for further acquisition in that area He showed plans indicating the Storage Areas The conveyor has been moved 100' to the West to bring it out of the flood plain and also to move it further away from residential areas The legend shows-native vegetation, rye grass to be seeded within one year Motion by Councilman Hulsey "I move that Case No WZ-77-15, AMCOR, Inc file-Final Plan be approved with the stipulations read into the text tonight" Motion was seconded by Councilman Donaldson Councilman Merkl said that he would abstain from voting since he was absent last week when the hearing was begun Motion to Amend by Councilman Cavarra "I move that the Final Plan be Amended to show that trees, such as cottonless cottonwood or some appropriate type as recommended by the Director of Parks and Recreation, be planted along Clear Creek to provide visual and sound barriers to adjacent residences at intervals recommended by Parks and Recreation Director" Motion was seconded by Councilman Turner Mr Zwagerman said that planting of trees in the Flood plain was not against city regulations, but would look into State Regulations Motion to Amend carried 4-1, Councilman Hulsey voting Nay Motion as Amended carried 3-2, Councilmen Howard and Turner voting Nay Item 6 Ordinance 250 - Amending Section 9-8 of the Code of Laws of the City of Wheat Ridge, pertaining to the removal of weeds within the city limits Council Minutes - October 24, 1977 - 3 - Motion by Councilman Turner "I move that Ordinance 250 be removed from the Table" ~1otion was seconded by Councilman Cavarra and carried 6-0 After discussion re city cutting weeds on city owned property it was decided that the Ordinance needed revision Motion by Councilman Turner "I move that Ordinance 250 be referred to the-City Attorney to change that portion that makes citizens responsible for the Right of Way and have the wording show that it is the City' s responsibil ity" Motion was seconded by Council- man Donaldson and carried 5-1, Councilman Howard voting Nay Item 7 Ordinance 247 - Pertaining to the appointment of an alternate to the Parks and Recreation Commission Motion by Councilman Hulsey "I move that Ordinance No 247 be approved and order it published on second reading" Motion was seconded by Councilman Donaldson and carried 6-0 Item 8 Auditing firm to provide auditing/accounting/data processing services to the City Mr Malone offered his recommendations Motion by Councilman Cavarra "I move that the City Council authorize the Mayor to enter into an Agreement with Arthur Young and Company for the 1977 Audit" Motion was seconded by Councilman Hulsey and failed 2-4, Councilmen Donaldson, Howard, r'1erkl and Turner voting Nay Motion by Councilman Merkl "I move that we authorize the Mayor to enter into an Agreement with Fortner-Hauber Company to do the annual audit for the City of Wheat Ridge" Motion was seconded by Councilman Donaldson and carried 4-2, Councilmen Cavarra and Hulsey voting Nay Item 9 Resolution Amending General Fund and Capital Improvements Fund Appropriations for 1977 Motion by Councilman Donaldson "I move for the Adoption of Resolution 539~Motion was seconded by Councilman Turner and ca rri ed 6-0 Item 10 Resolution Amending General Fund appropriation for 1977 within the Police Department Motion by Councilman Merkl "I move for the Adoption of Resolution 540 and order it published" Motion was seconded by Councilman Donaldson and carried 5-1, Councilman Howard voting Nay Item 11 Resolution establishing a Policy with respect to the Duplication and Distribution of Petitions submitted to the City by citizens Mr Strout recommended some changes in the Resolution He thought the City Council should establish a procedure and a Policy of Charge by Page City Attorney's Office and City Clerk to work on this Item 12 Proclamation of Mayor declaring the period of October 24, 1977 to November 6,1977, the Phone Book and Paper Recycling Drive Week Mayor Stites read the Proclamation Item 13 Report of Director of Public Works concerning progress of 1977 Street ImprDvement Program within each Ward of the City Mr Hobbs reported that as of October 24, 1977 the percentages of completion are as follows Ward I - 78 86% of Reconstruction & 45% of Overlay, Ward II - 100% of re- construction & 97% of Overlay, Ward III - 73 54% of Reconstruction and 53% of Overlay The Amount of Reconstruction, when completed, in each Ward are as follows Ward I - 15,851 square yards, Ward II - 5,849 square yards, Ward III - 13,607 square yards The Contractor told him that completion is expected to be November 1, 1977 Mr Hobbs to check out the area of 35th to 38th on Newland, where the sidewalk has been damaged, to see when the street will be paved and the side~alk repaired Item 14 Recommended Moratorium on Building Permits in area of Flower Street to Independence Street, 35th Avenue to 38th Ave In response to concerns of citizens of the area, it was checked and found that this area had been Tabled by Planning Commission in 1973 pending completion of the Comprehensive Zoning Map At that time it was not expected to take so long to complete the Map There is a Petition on file No PC-73-02, asking Planning Commission to amend the Zoning area from R-2 to R-l There are vacant lots in the area Motion by Councilman Cavarra "I move that this City Council approve a Moratorium on Building Permits for doubles in the area of Flower Street to Independence Street, 35th Ave to 38th Ave pending processing of a Mass Re- zoning in that area" r~otion was seconded by Councilman Turner and carried 4-3, Councilmen Donaldson, Howard and Hulsey voting Nay, Councilmen Cavarra, Merkl, Turner and Mayor Stites voting Aye Council Minutes - October 24, 1977 - 4 - Councilman Howard stated that he had a Communication from Captain Ore of the Denver Sheriff's Department resigning from the Police Advisory Board Mr Howard appointed Mr Ken Lewis of 3895 Newland Street Item 15 Proposed Pedestrian/Bikeway Construction Plan recommended by the Council/Community Development Committee Motion by Councilman Turner "I move that the Pedestrian/Bikeway Construction Plan be pursued and approved by the Council as follows 44th Avenue, 32nd Avenue, Laning and Striping of Streets in that order with the program stopping when the money runs out" Motion was seconded by Councilman Cavarra and carried 6-0 Re extension on Garrison North of 44th to tie into Arvada It was discussed and may be done later, but not a high priority Councilman Turner asked for an explanation of why the separation of the path on 44th Ave from Ammons to Estes was filled in Mr Hobbs said that there had concern about gravel on the walkway, and that it had been discussed probably about the first of August to fill in that portion There is a small grade change, and Mr Hobbs will get the area striped tomorrow, if possible Posting "Motor vehicles prohibited on pathway" has been done Mr Hobbs has notes on the previous discussion Executive Session called on property acquisition Motion to Adjourn by Councilman Howard, seconded by Councilman Merkl, carried 6-0 ;Y"7. .r I x {, "'--- '-- t Carol F Hampf, , / I / -.-11 .,.--.." I City /Cletr ' APPROVED Ii h 6' IT! Cv# 'r I