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HomeMy WebLinkAbout03/29/1973 MINUTES March 29, 1973 The one hundred and ninety seventh regular meeting of the Wheat Ridge City Council was called to order at 7 35 P m at 7390 West 38 Avenue by Mayor Albert E Anderson. Aldermen attending were Dr Paul Abramson, Mary Jo Cavarra, Joseph Donaldson, Robert Howard and Calvin Hulsey. Alderman Ray Pepe was absent. Others attending were Mayor Albert Anderson, City Clerk Louise Turner, City Attorney Maurice Fox, staff personnel, and approximately 50 citizens interested in proposed street projects and other city business. Citizen Comments were made by F. Richard Hite, attorney residing at 3705 Garland who pre- sented petitions to the Council with 84 names of persons who requested that the area from 38 Avenue to 35 Avenue and Independence to Garrison extended on the east be mass rezoned from the present zoning of Residential- Two to a Residential-One Zoning. He stated the following 1 The area contains 108 single residences, 3 vacant platted areas, one church and 2 unplatted vacant areas 2. That it had been heard by the Planning Commission and could be heard without fee and the petitioners requested it now be heard by Council when the next opening for a hearing existed. 3 That petitioners owned, perhaps 85% of the area involved. 4. Most have 75 foot frontages, not enough for a double, some sufficient for Residential-One requirements, others probably suf- ficient for Residential-one-A. 5. That applicants were willing to pay the fee if necessary. Some of the comments were in answers to questlons from Council. Other comments included Alderman Abramson stated the matter had been heard by the Planning Commission and should go to Council. Alderman Howard stated a formal application should be made and a fee paid even if the rezoning was initiated by Council. Alderman Hulsey stated the Planning Commission should not be by-passed. Attorney Fox in answer to a question by Alderman Cavarra said it should go to the Planning Commission. Motion by Alderman to 35 Avenue, from for May 10, 1973 " defeated by a vote Abramson "I move the matter of Rezoning from 38 Avenue Independence to Garrison be put on the Council Agenda Motion was seconded by Alderman Donaldson and was of 3-2 Aldermen Howard, Hulsey and Donaldson voted "nay." Mayor Anderson stated the matter would be turned over to the Planning Commission Harold Rust of the Public Service Company presented to the Mayor a Public Service Franchise Check for $40,082.16 for the adjusted figure for 1972 and the first quarter of 1973. Ralph Clark of 7500 West 33 Avenue who said he was part of a group who felt the selection of the Junior High School site in Edgewater was hasty and unsatisfactory. He said they wanted to know the feelings of all Council people because of persistent rumors. Alderman Hulsev said he hadn't attended or known of any meetings and that it had been a R-1 School District decision. Mr. Clark asked if there had been backing for the Edgewater site as an official act or any communications. There were no other comments. Motion by Alderman Donaldson, seconded by Alderman Abramson and passed 3-2 "That the reading of the Minutes be waived and they be approved." Aldermen Howard and Hulsey voted "nav." MINUTES - March 29, 1973 - Continued -2- WZ-72-35 Rezoninq Case came up for decision Motion by Alderman Hulsey One and Commercial-One to reasons "I move that WZ-72-35 request from Agricultural- Commercial-One be approved for the following 1. It complies with the Land Use Plan. 2. Part of the area is now commercial. 3. It would allow for a larger commercial complex than is presently allowed." Motion was seconded by Alderman Donaldson Alderman Cavarra stated she would vote "nay" because there was unused commercial zoning in the area, the Planning Commission vote had only two votes in favor and the Planning Commission had recommended Planned Commercial. Question was called and Motion passed 5-1. Alderman Cavarra voted "nay", Alderman Pepe's written vote of "aye" on this case as well as the following two cases was read by the Mayor. WZ-72-40 Rezoning Case came up for decision. Motion by Alderman Cavarra "I move we vote in favor of WZ-72-40 (Requesting rezoning from Agricultural-One to Industrial at 49 Avenue and Independence, northwest corner) on the grounds that it was approved by the Planning Commission by a 4-1 vote and Industrial land would be the best use of this property" Motion was seconded by Alderman Hulsey and passed 4-2. Aldermen Howard and Abramson voted "nay." WZ-73-01 Rezoning Case came up for decision. Motion by Alderman Howard "I move that WZ-73-01 (requesting rezoning from Agricultural-One to Residential-Two-A at 50 Avenue and Independence at the northeast corner) be approved for the following reasons 1 It is in conformance with the Land Use Plan. 2. The intended density is less than the density of the surrounding area." Motion was seconded by Alderman Donaldson and was defeated 5-1. Aldermen Abramson, Cavarra, Donaldson, Hulsey and Pepe voted "nay." Alderman Howard voted "aye." Attornev Fox requested an affirmative action with reasons. Motion by Alderman Donaldson "I move for denial of WZ-73-01 because the density of the rezoning requested is too high, no plan was presented for drainage and neighbors appeared in opposition." Motion was seconded by Alderman Hulsey. Mr. Barr in answer to a question from Alderman Howard stated that drainage plans are due upon subdivisions. Question was called and Motion passed 5-1. Alderman Howard voted "nay." Annexation No.4 was scheduled for presentation to Council. Mr. William Humphrey, attornev stated that because of the negative action of Council, the applicants desired to table the presentation "until further notice." City Attornev Fox stated this would be proper and the applicants need not act within the statutory time. Motion by Alderman Abramson "I move that the applicants request that Annexation No. 4 be tabled until word from the applicant." Motion was seconded bV Alderman Cavarra and passed 5-0. Resolution No. 217 was introduced by Alderman Donaldson and read. Motion by Alderman Abramson "I move that Resolution No 217 (authorizing a Certificate of Deposit Note at Wheat Ridge National Bank) be adopted." Motion was seconded by Alderman Hulsey and passed 5-0. MINUTES - March 29, 1973 - Continued -3- Resolution No. 218 was introduced by Alderman Abramson and read Motion by Alderman Howard "I move that Resolution No. 218 (establishing a Wheat Ridge Civil Defense Agency) be adopted." Motion was seconded by Alderman Donaldson and passed 5-0. Resolution No. 219 was introduced by Alderman Hulseyarn read. Motion by Alderman Donaldson "I move for adoption of Resolution No. 219 (appointing Walt Grande as Civil Defense Director)." Motion was seconded by Alderman Abramson and passed 5-0. Walter Johnson, on behalf of Boyd Kraemer who was not able to be present, presented a request that a Park Caretaker II position be authorized, so that persons presently in the Park Caretaker I position, which is a training position, can be moved up and hiring can be done at the Park Caretaker I level. Motion by Alderman Hulsey "I move that the Budget Personnel Schedule for Account 452 be amended as follows Delete one Parks Caretaker II and two Parks Caretaker I and add three Parks Caretaker II." Motion was seconded by Alderman Abramson and passed 5-0. Motion by Alderman Howard "I move the Treasurer be authorized to purchase a Dietzgen 4340-3000 Ozalid machine at a total cost not to exceed $2,775 00 from Account No. 419.14." Motion was seconded by Alderman Cavarra and passed 5-0. The purchase of additional gasoline storage tanks was proposed by Walter Grande, Finance Officer and discussed. Motion by Alderman Howard "I move that the Treasurer be authorized to purchase two 10,000 gallon gasoline storage tanks from Littlejohn Equipment Company and other necessary installation materials at a total project cost not to exceed $5,000.00 from Account No. 419.41." Motion was seconded by Alderman Hulsey and passed 5-0. Matter of street improvement proposed projects was introduced by Public Works Director Glenn Tavlor to the Council. Distributed to Council were maps of proposed projects, time estimate studies and manpower studies of routine activities. Mr. Tavlor stated 1. 38 Avenue Project would be contracted, other items shown would be done by the Department. 2. There could be substitutions but not additions. 3 That changes requested by Aldermen Abramson and Cavarra were reflected, and these included a walkway proposal between Kipling Street and Youngfield Street and changes in the contract east of Kipling Street. Citizens appearing were Ben Thies of 12102 West 36 Avenue who stated 1. Safety is a problem in the Kullerstrand School area because of the lack of pedestrian and bicycle paths on 38 Avenue. 2. That the recommendations derived from a survey had been presented to Kullerstrand parents in a 20 page report 3. That this report had proposed curb, gutter and sidewalks which were not practical. It had proposed additional lanes. 4. Four questions had been asked, three of which were so ambiguous as to invalidate the replies and no alternatives had been given. 5. Subsequently a special meeting had been held on March 14, 1973 and two items were derived from the meeting - first, that those present were unanimously opposed to the widening of 38 Avenue and second, t.hat curb, gutter and sidewalks were expensive, not necessary, and dangerous because the children would be walking adjacent to a high speed street. Mr. Thies read a resolution adopted by the group which concluded that a walkway separated from the road would be the best solution as the opinion of 84%. MINUTES - March 29, 1973 - Continued -4- Mr. Thies presented petitions with over 300 names requesting an asphalt pathway from Kipling Street to Youngfield Street. He added that safety to the pedestrian and bicyclist Wffi important, aesthetics and protection to environment were important, control of noise, air and water to combat what industry and the automobile had caused is needed, that no one had asked for a city of asphalt, and it should be confined and controlled and that planning should not be with only the auto in mind. Petitions are filed in the General File. Sharon Perry of 4015 Ammons a student at Everitt Junior High who presented petitions with names of over 700 students and 256 voters requesting a walking and bicycle lane from Wadsworth Blvd. to Youngfield. Petitions are filed in the General File. Dr. Robert McFerran of 11481 West 39 Place who presented petitions with approximately 250 signatures of voters also requesting walkways for school children on 38 Avenue. Dr. McFerran stated 1 He was co-chairman of the Prospect Valley advisory committee. 2 He had children in both Prospect Valley Elementary and Everitt Junior High School. 3 All children now at Prospect Valley would go to Everitt on foot, by bicycle or by car and if they live north of 38 Avenue they must depend on 38 Avenue for all access. 4. That it was dangerous for the children and frightening for anyone driving. 5. The shopping center at 38 Avenue and Kipling increases the traffic. 6. children 7. covering Others adding to the amount of use were area residents, and going to the shopping center, joggers and bikers etc. Additional hazards were traffic, holes, mail boxes and sand the white strip ten months out of the year. PhVllip LaVelle of 3545 Allison Court who said he was concerned for the safety of 543 children at Wilmore Davis Elementary School who must use 38 Avenue and in this area have the additional hazard of emerging vehicles for Lutheran Hospital He asked that a walkway be put on both sides of 38 Avenue rather than compromising safety. Frank Stites of 4095 Fenton Court who has his business on 38 Avenue said 1 That there was a 50 foot ROW but one crosses Wadsworth going west into a single lane of traffic. 2. If lines were defined, a sidewalk could be put on both sides and it would still leave 48 feet and carry four lanes of traffic 3. It would handle the same amount of traffic, not more just the present use 4. Lutheran was designed as a disaster hospital and cars need to be gotten in and out. 5 There is no place to pullover. 5. There should be plans for 10 years from now to carry the in- creased traffic. 7 That driving was preferable on four lanes because it was safer. 8. That his prime concern was the area of the hospital and the fact that there was no place to pullover. Bonnie Scoma of 2859 Gray Street who stated that there was a large hole under the blacktop caused by water from an irrigation ditch and the sidewalk was sinking and blacktop was beginning to break down on Gray Street She said repairs had been requested a year ago last April. Amos Leaf of 2845 Chase Street expressed appreciation for the fact that the area between Edgewater and 28 Avenue had been included in the proposal Nancv Snow of 11155 West 40 Avenue who inquired as to the city's policy for unpaved streets whether they were to be paved by the City or by individuals, and if the City required persons receiving temporary certificates of occupancy to place money in eScrow. MINUTES - March 29, 1973 - Continued -5- Lew Clements of 3820 Carr Street who said 1. He had appeared recently before when his daughter had been hit by a car mirror while walking beside 38 Avenue. 2. That there is no place to turn off 38 Avenue east of Wadsworth either. 3 That he hoped plans included a left turn lane at the hospital 4. That he drives all day and has found cars take the way of least resistance. If there is a four lane highway, they will take it bV choice. 5. That walkways are needed for kids, they don't have to be beautiful and they don't need to be paved. 5. That he would settle for gravel, just so they are away from the street where kids can't be hit by cars or splashed with water. George Fentress of 3895 Reed Street who said 1. The City needs walks, and should take one side of the street now and come back for the other later. 2 That from the standpoint of bicyclists, paved walks would be better and ramps would be beneficial where &raight curbs exist. 3. That he hoped the City would make permanent repairs of a bad spot in front of Ray Pepe's house Jim De Long of 3890 Everett Street who said the City should plan for walks on both sides of 38 Avenue and they should be for bikes and walkers as opposed to cars. The hearing pertaining to street improvement projects was closed Motion by Alderman Abramson "I move we approve the street repair pro- posal made by Mr. Taylor for 1973 as presented on the maps, and including a path on one side of 38 Avenue from Wadsworth to Voungfield" Motion was seconded by Alderman Donaldson and passed 5-0. Alderman Abramson stated the walkway could be accomplished by sacrificing other projects in Ward III., such as the Moore Street and Garrison Street lay down and not by using funds allocated to other Wards. Alderman Robert Howard explained to Council and displayed a map of a Preliminary type proposal for a systems network for the Denver Metropolitan Area, put together by RTD, Regional Planning and DRCOG. Among other items proposed in Wheat Ridge, again is a limited access freeway beside Kipling Street, formerly proposed as the Front Range Freeway to which Wheat Ridge had objected Another is 32 Avenue referred to as a "principal arterial" 100' to 140' wide to be a four lane highway with a median strip. Simms Street angling into Ward Road is also labeled a "principal arterial" as is Ward Road 38 and 44 Avenues are shown as "major arterials." Alderman Howard stated the state must have plans in order to obtain Federal funds and though some parts of it, it may have no intention of implementing, it was important for Wheat Ridge to express any objections it might have. He noted that the plan was not much different from the old County Major Thoroughfare Plan, that it was important for Wheat Ridge to be in DRCOG, that the designation of 32 Avenue west of Voungfield had been dropped, and that the cover letter that had come with the map had said those responsible for the plan were now going back to the local jurisdictions for comments. It was decided a meeting should be held next Thursday (AprilS, 1973) between the Council and a representative of DRCOG, RTD and the State Highway who was willing to meet and discuss the plan with the Council. A location large enough to accomodate citizens would be designated. Resolution No. 220 pertaining to revenue sharing for the City was intro- duced by Alderman Donaldson and read. Motion by Alderman Hulsey "I move that Resolution No 220 be adopted and published and filed as required by law." Motion was seconded by Alderman Donaldson and passed 5-0. Motion by Alderman Abramson "I move that the personnel schedule of Account 431.4 - General Public Works Maintenance - be amended to MINUTES - March 29, 1973 - Continued -5- reflect six and one half equipment operatom I instead of one and one half, five Maintenance Specialists instead of three, and to delete two laborers." Motion was seconded by Alderman Donaldson and passed 5-0 In answer to a question, Citv Attorney Maurice Fox stated that in the future a hearing would be req~ired on all minor subdivisions. Citv Attorney Maurice Fox announced that the applicants in Rezoning Case WZ-73-01 desired to amend the request from Residential-Two-A to Residential-Two and also to request that Annexation No.4 be con- sidered by Council. Motion by Alderman Hulsey "I move the applicants amend WZ-73-01 to a request for Residential-Two." by Alderman Abramson and passed 4-1. be allowed to Motion was seconded Motion by Alderman Abramson "I move that WZ-73-01 amended case request from Agricultural-One to Residential-Two be approved for the following reasons 1 . 2. Plan " It is It is Motion in conformity with the Land Use Plan. of lesser density than what is allowed was seconded by Alderman Hulsey. by the Land Use Alderman Howard stated he would have to vote "nay" as a matter of principle, that if Council wanted to reduce the density it should be done on the Land Use Plan and not on an individual case, and that the request had been proper on the first application. Motion passed 4-1. Alderman Howard voted "nay" and Alderman Pepe was absent. Annexation No.4 was presented to Council. Motion by Alderman Donaldson "I move that the petition for Annexation be accepted and two weeks from tonight be set for a Finding of Fact." Motion was seconded by Alderman Abramson and passed 5-0. Meeting was adjourned at 11 15 p.m. " .~ Louise F. Turner City Clerk p'-!4': i~ /~ /...;' ./ / , ~ CORRECTION - ADDITION MADE BY CITY COUNCIL ON SEPTEMBER 20, 1973 Resolution No. 221 was introduced by Alderman Donaldson and read. Motion by Alderman Abramson "I move that Resolution No. 221 pertaining to adjustment of the Public Works Budget be adopted." Motion was seconded by Alderman Cavarra and passed 5-0. Alderman Pepe was not present. _ ~ L~U_-l 11 it,;) 7:;,. 2, L 'b., q.L( L'''v Y- 'i ll.... '-!- /\~f;rt cJ' J..< ;:t~ '-t!._~t( ~ \.. ~ "' -, --- / '. I),' /) , / ('/ /t I / J~z":>y~' ~.... L-L ~A- ~'77-(~' -. ""il_ L~ '-I- / /l~ L~" 7,~h'.'-'C. C,l L ~( t- -t:[C yL'~ f ("1".- (~--r:t;. {!/-<t '~l t. I (I I , i.c C Ie .lJ,1-7C " l..{\. L..:. -II h 1 7 7. ' Y ~ /. .---- .( 7'" J7i 1 7/" ~ ~1, ceLt c,. 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