HomeMy WebLinkAbout09/27/1973
MINUTES
September 27, 1973
The two hundred and fifteenth regular meeting of the Wheat Ridge City
Council was called to order at 7 40 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, Calvin Hulsey and Ray Pepe
Also attending Mayor Anderson, City Clerk Louise F. Turner, City
Attorney Maurice Fox, staff and interested citizens.
Motion by Alderman Pepe "I move the Clerk dispense with the reading
of the Minutes and that they be approved as printed." Motion was sec-
onded by Alderman Abramson and defeated 4-3. Aldermen Donaldson, Howard,
and Hulsey and Mayor Anderson voted "nay" The Minutes were read and
declared approved.
Citizen Comments were made by
Kenneth Adams of 3505 Marshall who stated
1. He had lived at that location 13 years
2. That he was a design engineer.
3. He wanted to offer drainage information of the Marshall-
Newland Street area, south of 38 Avenue from his personal knowledge.
4. That Rocky Mountain Ditch overflows at 34 Avenue and Newland,
runs north to 35 Avenue, then east and west and floods the area north of
35 Avenue.
5. That the Pierce Street Storm Sewer was probably intended to
solve the problem eventually.
6. That Rocky Mountain Ditch was built for irrigation and is
now used as a storm drain, that in Applewood the gutters of whole blocks
drain into it.
7. That Coors as the owner might have some legal obligation
other than keeping it clean.
8. One solution might be to widen and deepen it and open up
culverts, but this would only pass the problem on to Denver.
9 Another solution might be to collect and drain to Clear Creek.
10. That the study under wey would likely come back with a recom-
mendation for city wide storm sewer costing $30-300 million.
11. A piece-meal solution which can be afforded may have to be
adopted
12. Several possibilities exist
a. A lateral from Kipling to Clear Creek long distance.
b. A lateral from 35 Avenue and Marshall west to Pierce
for several blocks and at considerable expense.
c A line from the ditch where it crosses Pierce to the nearest
overflow station and catch basin on Pierce, a distance of about two blocks
which might be the most economical
13. Without a bond issue, drainage problems could gradually be
overcome on a "pay as you go" basis.
14. He also commended the Council on its dedication in keeping
late hours in the interest of the City
Alderman Donaldson sta~ he had first hand knowledge of the drainage
problem and sympathized with those who had storm damage, and that he
would bring it up during the budget. He stated that the majority of
citizens were interested in street repairs, but were not aware of the
problem in this area.
In answer to a question from Alderman Pepe, Mr. Adams said there was no
indication that the large pipe at 38 Avenue was being used to capacity.
WZ-73-19 Rezoning Case was brought up for decision.
MINUTES - September 27, 1973 - Continued
-2-
Motion by Alderman Pepe "I move that Case WZ-73-19, a request for a
change from Residential-Two to Restricted-Commercial-one in the rear of
3925-4001 Wadsworth be approved for the following reasons 1. It
conforms to the Land Use Plan. 2. It is the best use of the land
3 And there was no opposition." Motion was seconded by Alderman
Donaldson and passed 6-0.
WZ-73-22 Rezoning Case was heard Glen Tavlor, Acting Director of
Planning stated
1 That Lloyd Pascal requested approval of a preliminary plat
on land zoned industrial at 5075 Tabor for construction material, machine
storage and maintenance shop.
2. The Planning Commission had recommended th~ the plan be
accepted because it conformed to the present use of the property, legal
uses had been maintained and it had no effect on any surrounding area.
It had added the plan had to meet approval of the Arvada Fire Department.
3. The case had been published and the property properly posted
4. No zoning change was involved.
5. A 15 foot variance had been granted for a gravel road.
Alderman Abramson stated the question of access to the adjacent property
had come up previously.
City Attorney Fox stated half of the access had been given by K. Gantenbein
and it was a question of the other half of the road so that access would
be from Tabor and not through a residential area He added that Mr Gan-
tenbein had given 10 feet to add to the 50 Avenue ROW, that a 90 foot
radius at the end of 49 Place would be difficult on this property and
that a cuI de sac can't terminate a road that is longer than 500 feet.
In answer to a question from Aldermen Howard and Pepe as to a dedication
along the railroad tracks, City Attornev Fox said it would have to connect
to Tabor and would be difficult on this property. Mr. Tavlor said it
appeared that a variance from the Planning Commission was needed.
Mavor Anderson stated that according to the Subdivision Regulations, all
buildings must front on a public road, the land was surrounded when the
first building was built, that a road must go east and west and not
diagonal through a property as along the railroad tracks, that there was
no bulb where the road ends, and no information had been given regarding
gravel deposits on the property.
Mr Tavlor stated a 50 foot gravel pit was on the adjacent property,
that work had been discontinued there and that gravel was evident in
the bank
LloVd Pascal, President of Haco Contractors which owns the property,
appeared as the applicant and stated
1. Extending the road to the northeast to Tabor would require
tearing down a building that was just built
2. When he applied originally it was to build all three buildings
at the same time.
3. He had been advised by the Planning Director and Current
Planner to do one building first and the rest later.
4. He had followed their advice and the matter of subdividing
had never been brought up.
5. At one time they had discussed a 30 foot dedication along
the south but the Planning Department thought it was not enough and
gave it up
6 That the gravel pit was mostly clay and was taken out as
ramp material for 1-70.
In answer to Alderman Pepe, he stated he did not consider the second
portion landlocked by the first building because he had access clear through.
MINUTES - September 27, 1973 - Continued
-3-
Mayor Anderson, in answer to Alderman Abramson who said it was not
heard as a subdivision said the property had automatically become sub-
divided because a development plan had been approved and that Tabor
frontage had been used on the first and could not be used now.
Alderman Pepe stated the burden of proof waE on the applicant regarding
gravel deposits on the property
Mavor Anderson recommended the case be continued and Council could
decide whether or not it was possible to make a decision. He said
he suspected it did not qualify as meeting the Subdivision Regulations,
State Law and the Zoning Law.
Mr. Pascal said he had conscientiously done everything the Planning
Department had recommended, the buildings were needed - materials had
been lying there deteriorating for a year and he had not heard of sub-
dividing until now. He added he thought everything had been covered
by the Planning Commission and the Planning Department and he would
do anything within reason, but needed to know what was needed.
Alderman Hulsev said he was blaming the City when he had landlocked
himself, and that he had to abide by the laws the same as others.
No one else appeared in favor and no one appeared in opposition.
Alderman Abramson said the quickest way to a solution would be to send
it back to Planning.
Motion by Alderman Abramson "I move that WZ-73-22 be sent back to
the Planning Commission for further study and consideration of a preliminary
plan and evidence can be gathered as to conformity to State Law."
Motion was seconded by Alderman Donaldson and passed 6-0.
WZ-73-24 Rezoning Case was heard Mr. Tavlor stated
1 That Weldon T. Heard had requested a change from Residential-
One to Residential-one-A on 9 acres at 11700 West 38 Avenue.
2 That approximately two acres was in the Flood Plain and
that single family residences were proposed for the other 7 acres.
3 That the Planning Commission had recommended denial because
a. It did not comply with the wishes of the neighborhood.
b. A 25% increase in development would cause overload of
municipal services.
c. Residential-One Zoning doesn't prevent use of the property.
d On a previous Case WZ-73-2o, the Commission had ruled
against an increase in density.
4 Petitions with 84 names in opposition had been presented to
the Planning Commission.
5. The request was for rezoning, not a subdvision.
6 It is in a tract of Brookside Subdivision and would have to
be resubdivided before anything else could be built
7 That access would be from Simms and that the City had ROW
to complete Simms Street across Lena Gulch
F. Johnson Pabst, attorney for the applicants Weldon T. and Betty Heard
stated
1. The Heards were owners in fee simple
2 The property was Residential-One which would allow 20 units.
3 He was not requesting a down-zoning but a zoning which would
conform to the area to the west which was developed in Residential-one-A.
4 Two acres would be "granted to the City."
5 Residential-One-A lots were 75 feet by 175 feet.
6. Houses to be built would not be cheap, they would cost
$40 -$50,000.
7 That he had heard those objecting wanted to be able to see
the "green countryside" but the applicant should not be penalized for
them to do so
MINUTES - September 27, 1973 - Continued
-4-
8. He had heard they were objecting to increased traffic,
but there would be only 18 homes on this property which was no different
from a:JY block.
9. That
10. That
11. That
those in Residential-one-A wanted to
he was asking for "equal opportunity
school enrollments have dropped.
keep others out
as those to the west."
In answer to questions from Council, Mr. Pabst stated
1. He was opposed to cluster development because clusters were
"potential Ghettos."
2. The developers did not own any of the Residential-one-A
land to the south or Residential-One land to the east.
3. That 20 homes could be built under the present zoning,
and 18 were planned under the Residential-one-A along with the dedication
of two acres
City Attorney Fox stated a portion was in the Flood Plain and would
require special permission from the Board of Adjustment, that dedication
could be subsequent but the zoning could not be contingent upon it.
Mavor Anderson said control comes in regarding streets and lots at the
time of subdividing.
Speaking in Opposition were
Martha Shacklett of 3592 Simms Street who presented petitions
with 87 names to Council. She said these were people not on the petitions
presented to the Planning Commission She stated
1. The attorney was trying to use the Residential-one-A zoning
on the west to set a precedent.
2. The applicant's property was formerly set as Residential-One
and neighbors would like it to stay that way.
3. Simms is the only street to absorb the cars and Simms is
a deadend street. Others are also deadends or cul-de-sacs
4. A density development on Residential-Three ground to the
north also will increase children for the schools and traffic on Simms
5 That there is a high water table and for 2% weeks after the
flood water stood in the fields.
6 The area would have to be filled
7 The area is all Flood Plain to Parfet.
B Houses cost more in Residential-One.
Dr Robert McFerran of 11481 West 39 Place who stated
1 He was co-chairman of the Prospect Valley School Advisory
Committee which opposed the rezoning because it felt that a change from
Residential-One to Residential-one-A could produce a domino effect regarding
additional properties.
2. That the committee had taken this position on several attempts
to change Residential-One to Residential-one-A.
3 That Prospect Valley School is presently 30 under capacity,
that kindergarten enrollment jumped from 36 to 90.
4 The area is presently underdeveloped and the enrollment pro-
jection indicates that 270 homes with 203 elementary school children would
result if the area develops under its present Residential-One zoning, and
375 homes and 281 elementary children could result from the same area in
Residential-One-A
5 That even Residential-One development would overload the
school and there would be another 174 units in the adjacent Residential-
Three area.
6. That he was afraid of the precedent this would set.
In answer to a question he said he would not oppose a Planned Development
for less density than Residential-One would allow
Robert Shacklett of 3592 Simms Street said he understood the attorney to
say 20 units under Residential-One and if it were changed to Residential-
one-A - 18 units, but at the Planning Commission Hearing the figure had
been 12 not twenty He added that the Ficcos (the developers) owned the
Residential-Three area to the north which was south of 38 Avenue.
MINUTES - September 27, 1973 - Continued
-5-
Peter Rex of 3388 Swadley who said
1. He lived on a Y2 acre of Residential-One ground.
2 That perhaps no one was around to object when the earlier
developments went to Residential-one-A
3 Now people were more aware, they were concerned about density,
about the domino effect and the Flood Plain
4 Many figures had been used as to what could be put in in-
cluding 14 for Residential-One and 18 for Residential-one-A.
5. That Mayor Anderson's statement that this was just the
rezoning and controls would be later was confusing
6 It was important to a lot of people that this property remain
Residential-One.
In answer to a question he said he would not oppose a plan if it were
for less than 14 units.
A show of hands indicated two (Louis and Anthony Ficco) in favor, and
12 in oposition
Mr. Pabst on behalf of the applicant summarized
1. Many of the signers were from Applewood Estates which WBS
far away
later.
2. The County would put 35 Avenue through regardless.
3. Those who were there first wanted to prevent those who came
4. There was Residential-Three to the north and no reason to
keep Residential-one-A out.
5 It should be rezoned and then controlled, and adjacent
land could be worried about when the time came
Mrs. Shacklett for the opposition summarized
1 The land to be dedicated is Flood Plain land and not usable
for houses.
2. With the difference in square footage requirements, obviously
more houses could be built in Residential-one-A than in Residential-One.
City Attorney Fox in answer to questions stated that if the request is
denied the applicant could proceed immediately with a subdivision for
cluster Residential-One or request a Planned-Unit-Development without
a waiting period.
Motion by Alderman Pepe "I move we take Case WZ-73-24 under advisement
for one week for decision in these chambers." Motion was seconded by
Alderman Hulsey and passed 6-0.
The 1974 Budget was presented by Walter Grande, finance officer He
stated it did not propose to add any new taxes but that he had recom-
mended that an additional sales tax be put on the ballot for a vote of
the people. He said the total budget for 1974 was $2,910 166.00 and
that $507,972.00 was outlined for capital improvement projects.
Citizen Comments on the Budget were made by
John opie of 10235 West 33 Avenue who requested engineering
consultation fees for the Board of Adjustment because of the technical
nature of information to come before the Board. He stated
1 Applican~s engineers present only what they want.
2. Lawsuits have been lost by the City because they had lacked
"something to stand on."
3 Some cases have been tabled until the Flood Plain study is in
4. The choice without this advice is to grant all requests, or
to deny them and have them go to court where they may be lost.
5 One firm would act as consultant for $300 00 annual fee.
6 That he Wllild recommend $1,500.00 minimum or better $2,225 00
City Attornev Fox stated two supreme court cases have made it clear that
the Flood Plain Ordinance is permissive and cannot be use to deny uses in
the flood plain, but that reasonable requirements can be set and cases
tabled until these are met
MINUTES - September 27, 1973 - Continued
-6-
Alderman Abramson sta~ d the intent of the Ordinance was to protect
others and advice as to how to protect was important. He requested
that Mr. Grande prepare a Motion which he would make later.
Mayor Anderson said the Planning Department and not the Board of
Adjustment was the proper body to which the money should be allotted.
Citizen Comments on the Budget were made by
Phillvs Crabb ~f 13 Skyline Drive, representing the Everitt
Jr. High School Service Organization, who said
1. She understood that there was to have been a new light
at 38 Avenue and Kipling but that it had been taken out of the budget
and would not be 8I.Bilable
2. That traffic conditions near the school were hazardous
and children often could not cross because of cars turning.
3. That school began at 7 55 a.m when traffic was heavy.
4 A study in 1971 indicated that attention be given to
safety hazards such as the Kipling Street approach to the school.
5 It recommended that a walk light or an elevated walkway
be placed there.
Mavor Anderson stated the light at that corner was new in 1971 under
a Topics Program and that anything done on Kipling must meet State Highway
approval. He added that an elevated walkway, even though it might be
expensive, might be the solution if numbers justified it.
Alderman Cavarra asked Mr. Taylor if a sign saying "no right turn on
red" could be placed and if it were legal to add to it as some cities
have the phrase "when pedestrians are present" because it was needed
only at school starting and ending time.
City Attornev Fox said the cities had the authority to place signs saying
"no right turn on red."
Alderman Pepe said he thought this should be done because it would
help during the rush times and would not cause any problems during the
lighter middle of the day traffic
Ben L. Chastain of 3250 Marshall Street, Chairman of the Mess Transit
Committee requested that there be money allotted for Mass Transit for 1974
Walter Grande stated a Motion on the matter had already been prepared
for Council.
Motion by Alderman Hulsey "I move that on Page 19. Account 413 11 be
reduced to $18,606.00 and an account numbered 413.19 City Administrator
be established at $23,760.00." Motion was seconded by Alderman Pepe
and passed 6-0.
Motion by Alderman Pepe "I move that on Page 23. one Buyer be added
at Grade 29, Range $768-935, pay $9,450.00, and that the total for Account
415.11 be approved at $51,752.00." Motion was seconded by Alderman Hulsey
and passed 6-0.
Motion by Alderman Donaldson "I move that on Page 24. the proposal for
Legal Services mamended to show only one account numbered 415.2 Legal
Services and approved at $45,000.00" Motion was seconded by Alderman
Abramson and passed 6-0
Motion by Alderman Cavarra "I move that on Page 26 account 415 49 be
re-titled Director of Personnel and that the Personnel Schedule reflect
this." Motion was seconded by Alderman Hulsey and passed 6-0.
Motion by Alderman Abramson "I move that on Page 28. Account 419.11
be set at $37,990.00, account 419.14 at $21,620.00, and account 419.19
be set at $17,484.00" Motion was seconded by Alderman Donaldson and passed 6-0.
MINUTES - September 27, 1973 - Continued
-7-
Motion by Alderman Pepe "I move that on Page 29 the salary for
the Director of Planning be changed to $17,484.00 and that the Planning
Technician II and Planning Technician I be changed to Current Planner
and Planning Technician respectively." Motion was seconded by Alderman
Donaldson and passed 6-0.
Motion by Alderman Abramson "I move that on Page 28 Account 419.13
be set at $4,000.00 to allow for Flood Plain Consultant Engineering
and that Account 419.14 be set at $19,620.00." Motion was seconded
by Alderman Donaldson and passed 4-2 Aldermen Howard and Pepe voted "nay."
Motion by Alderman Abramson "I move that on Page 32. the amount for
Chief of Police be set at $18,816.00 and that the Secretary/Steno be
changed to Secretary I at $6,640 00." Motion was seconded by Alderman
Hulsey and passed 6-0.
Motion by Alderman Donaldson "I move that on Page 31. Account 421.11
be set at $9,236.00 and 421.19 be set at $18,816.00" Motion was
seconded by Alderman Abramson and passed 6-0.
Motion by
detective
be set at
passed 5-1
Alderman Hulsey "I move that on Page 34 one additional
be added at Grade 36, making the total for Account 421.21
$96,066.00." Motion was seconded by Alderman Donaldson and
Alderman Pepe voted "nay "
Motion by Alderman Donaldson "I move that on Page 36 the authorization
for Patrol Officers be changed to 21 and that Account 421.31 be set at
$378,315 00" Motion was seconded by Alderman Abramson and passed 6-0.
Motion by Alderman Abramson "I move that on Page 39. one Lieutenant
be added at $13,338.00, that the Records Clerk/Steno be changed to
Clerk Typist II, and that the total for Account 421 51 be set at $75,487.00."
Motion was seconded by Alderman Cavarra and passed 6-0.
Motion by Alderman Cavarra "I move that on Page 47. the amount for Chief
Building Inspector be set at $14,364.00, that an Enforcement Officer I ,
Grade 19, be added at $7,380.00, and that $2,500.00 be added for a oart
time Clerk Typist I." Moti on was seconded by Alderman Abramson and passed 6-0.
Motion by Alderman Abramson "I move that on page 46 account 424 11 be
set at $46,469.00, and that account 424 19 be set at $14,364.00." Motion
was seconded by Alderman Pepe and passed 6-0.
Motion by Alderman Donaldson
Worker IV's be changed to 6 on
Abramson and passed 6-0.
"I move that the number of City Services
Page 53." Motion was seconded by Alderman
Motion by Alderman Abramson "I move that on Page 56. the Personnel Schedule
for the Traffic Division be changed to show 2 City Services IV's and no
City Services Workers Ill's." Motion was seconded by Alderman Cavarra
and passed 6-0
Motion by Alderman Hulsey "I move that on Page 68. Account No. 452.11
be set at $86,085.00 and Account No. 452.19 (Parks and Recreation Director)
be set at $14,724.00" Motion was seconded by Alderman Donaldson and passed
6-0.
Motion by Alderman Donaldson "I move that on Page 73. Account No. 510
be set at $21,100.00." Motion was seconded by Alderman Hulsey and passed
6-0.
Motion by Alderman Hulsey
Transit be set at $10,000
and passed 6-0.
"I move that on Page 72 the budget for Mass
00." Motion was seconded by Alderman Abramson
Motion by Alderman Pepe "I move that Grades
out the proposal to conform with Ordinance No
by Alderman Donaldson and passed 6-0
and Ranges be adjusted through-
138" IJJotion was seconded
MINUTES - September 27, 1973 - Continued
-8-
Motion by Alderman Donaldson "On Page 76 , I move that the Program
Commentary be altered to allow for possible drainage construction
that may result from engineering studies currently authorized by this
Council" Motion was seconded by Alderman Abramson and passed 6-0.
Motion by Alderman Pepe "I move that the Budget for the General Fund
be set at $2,767,227.00 as proposed and amended." Motion was seconded
by Alderman Abramson and passed 6-0. Alderman Howard stated that every
year he had made a Motion to cut the mill levy, but this year he agreed
it should be approved as presented.
Motion by Alderman Abramson "I move that the budget for the Revenue
Sharing Fund be set at $142,939 00 as proposed and amended." Motion
was seconded by Alderman Pepe and passed 6-0.
Alderman Cavarra stated that sometime in the future Council might want
to consider a cost analysis on su~h large programs as the Police Department
and recreation.
Resolution No. 245 adopting the 1974 Budget was introduced by Alderman
Hulsey and read
Motion by Alderman Pepe "I move that Resolution No. 245 as introduced
by Alderman Hulsey be adopted" Motion was seconded by Alderman Donaldson
and passed 6-0.
City Attornev Fox recommended the Council take action on three bills
for asphalt repairs, asphalt and paint Glen Tavlor, Director of Public
Works reported in all cases the work or material was ordered by the City,
was supplied and was satisfactory.
Motion by Alderman Abramson
bills
"I move that in regard to the following
1. $880 00 to Western Paving Construction Company for asphalt
repairs at 38 Avenue and Youngfield and 11200 West 32 Avenue. (Warrant A 1218)
2 $430 00 to John Jourgensen Paints Inc. for forty 5-gallon
cans of traffic paint. (Warrant A 1126)
3 $6,508.36 to Asphalt Paving Company 916.67 tons ~" PMOS (asphalt).
(Warrant A 1130) - that the Council pass the finding that each was ordered
by the City, was supplied, was satisfactory and fulfilled its function
and that payment be made." Motion was seconded by Alderman Pepe and
approved 6-0.
Resolution no. 246 pertaining to authorization of two Certificates of
Deposit at Jefferson Bank and Trust and which supercedes previous Resolution
No 243 was introduced by Alderman Donaldson and read.
Motion by Alderman Pepe "I move Resolution No. 246 be adopted." Motion
was seconded by Alderman Cavarra and passed 6-0.
Alderman Howard recommended that a representative from Denver Regional
Council of Governments be allowed to present the COG Regional Housing
Plan at the study session on October 4, 1973
Alderman Abramson asked that tax rebate and extension of bikeways and
walkways be taken up at the study session.
Aldermen Pepe, Cavarra and Hulsev indicated that since the budget had been
established for next year, the matter of tax rebate should be held over
for the new Council.
Mavor Anderson stated the Park Commission could be asked to look into
walk and bikeways.
Meeting was adjourned at 11 45 p.m
Louise F. Turner
City Clerk
APPROVED
L