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
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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.
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